reglab/statecodes huggingface dataset:
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-1381 - Submission to mediator; selection of mediator.

81-1381.
Submission to mediator; selection of mediator.
If the parties in labor contract negotiations do not reach a voluntary agreement by January 1, the dispute shall be submitted to a mediator mutually selected by the parties or appointed by the Federal Mediation and Conciliation Service. Mediation may continue indefinitely at the request of either party or when appropriate in the judgment of the mediator. If necessary, mediation may continue after the exchange of final offers.
Source
Laws 1987, LB 661, § 13;
Laws 2011, LB397, § 26.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-1382 - Unresolved issues; final offers; prehearing conference; commission; authority.

81-1382.
Unresolved issues; final offers; prehearing conference; commission; authority.
(1) No later than January 10, the parties in labor contract negotiations shall reduce to writing and sign all agreed-upon issues and exchange final offers on each unresolved issue. Final offers may not be amended or modified without the concurrence of the other party.
(2) No later than January 15, the parties in labor contract negotiations shall submit all unresolved issues that resulted in impasse to the commission. No party shall submit an issue to the commission that was not subject to negotiations. The commission shall conduct a prehearing conference and shall have the authority to:
(a) Determine whether the issues are ready for adjudication;
(b) Accept stipulations;
(c) Schedule hearings;
(d) Prescribe rules of conduct for the hearings;
(e) Order additional mediation if necessary; and
(f) Take any other actions which may aid in the disposal of the action.
The commission may consult with the parties ex parte only with the concurrence of both parties.
Source
Laws 1987, LB 661, § 14;
Laws 2011, LB397, § 27.
Annotations
The January 10 deadline provided in this section is not jurisdictional. State v. State Code Agencies Teachers Assn., 280 Neb. 459, 788 N.W.2d 238 (2010).
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-1384 - Chief or appointed negotiator; report.

81-1384.
Chief or appointed negotiator; report.
On March 16, the Chief Negotiator, any appointed negotiator for the Board of Regents, any appointed negotiator for the Board of Trustees of the Nebraska State Colleges, and any appointed negotiator for other constitutional offices shall report to the Legislature and the Governor on the status of negotiations. The report submitted to the Legislature shall be submitted electronically. The Governor may amend his or her budget recommendations accordingly.
Source
Laws 1987, LB 661, § 16;
Laws 2011, LB397, § 29;
Laws 2012, LB782, § 200.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-1385 - Commission proceeding; effect on employment; order; interest.

81-1385.
Commission proceeding; effect on employment; order; interest.
When an unresolved issue proceeds to the commission, there shall be no change in the term or condition of employment in effect in that issue or issues until the commission has ruled and any subsequent appeal to the Supreme Court has been concluded. Orders adjusting the term or condition of employment in an issue or issues shall be effective beginning with final resolution of the appeal. Upon final resolution, the commission or Supreme Court shall order increases or other changes in a term or condition of employment to be concurrent with the biennial budget. Interest shall be paid, at the rate established by section 45-103 which is in effect at the time of the final order, by the state on all withheld wages or insurance premium payments.
Source
Laws 1987, LB 661, § 17;
Laws 1991, LB 732, § 151;
Laws 2011, LB397, § 30.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-1387 - Prohibited practices; proceedings; appeal; grounds.

81-1387.
Prohibited practices; proceedings; appeal; grounds.
(1) Proceedings against a party alleging a violation of section 81-1386 shall be commenced by filing a complaint with the commission within one hundred eighty days of the alleged violation thereby causing a copy of the complaint to be served upon the accused party. The accused party shall have ten days within which to file a written answer to the complaint. If the commission determines that the complaint has no basis in fact, the commission may dismiss the complaint. If the complaint has a basis in fact, the commission shall set a time for hearing. The parties shall be permitted to be represented by counsel, summon witnesses, and request the commission to subpoena witnesses on the requester's behalf.
(2) The commission shall file its findings of fact and conclusions of law. If the commission finds that the party accused has committed a prohibited practice, the commission, within thirty days of its decision, shall order an appropriate remedy. Any party may petition the district court for injunctive relief pursuant to rules of civil procedure.
(3) Any party aggrieved by any decision or order of the commission may, within thirty days from the date such decision or order is filed, appeal therefrom to the Supreme Court.
(4) Any order or decision of the commission may be modified, reversed, or set aside by the appellate court on one or more of the following grounds and on no other:
(a) If the commission acts without or in excess of its powers;
(b) If the order was procured by fraud or is contrary to law;
(c) If the facts found by the commission do not support the order; and
(d) If the order is not supported by a preponderance of the competent evidence on the record considered as a whole.
Source
Laws 1987, LB 661, § 19;
Laws 1991, LB 732, § 152;
Laws 1992, LB 360, § 38;
Laws 2011, LB397, § 32.
Annotations
The Commission of Industrial Relations, as an administrative body, has only that authority specifically conferred upon it by statute or by construction necessary to achieve the purpose of the relevant act. Jolly v. State, 252 Neb. 289, 562 N.W.2d 61 (1997).
Under the Industrial Relations Act, section 48-801 et seq., and the State Employees Collective Bargaining Act, section 81-1369 et seq., the Commission of Industrial Relations does not have the statutory authority to entertain or grant motions for summary judgment. Jolly v. State, 252 Neb. 289, 562 N.W.2d 61 (1997).
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-1391 - Certified disaster service volunteer of American Red Cross; leave authorized.

81-1391.
Certified disaster service volunteer of American Red Cross; leave authorized.
Any state employee who is a certified disaster service volunteer of the American Red Cross may, with the authorization of his or her supervisor, be granted a leave not to exceed fifteen working days in each year to participate in specialized disaster relief services in Nebraska for the American Red Cross, upon the request of the American Red Cross, without loss of pay, vacation time, sick leave, or earned overtime accumulation.
For purposes of this section, state employee means any employee of the state or of any state agency, specifically including all administrative, professional, academic, and other personnel of the University of Nebraska, the state colleges, and the State Department of Education, but excluding any employee or officer of the state whose salary is set by the Constitution of Nebraska or by statute. An employee of any local government or entity, including any entity created pursuant to the Interlocal Cooperation Act or the Joint Public Agency Act, shall not be considered a state employee for purposes of this section.
Source
Laws 1993, LB 697, § 7;
Laws 1997, LB 314, § 23;
Laws 1999, LB 87, § 97.
Cross References
Interlocal Cooperation Act, see section 13-801.
Joint Public Agency Act, see section 13-2501.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-1394 - Participation in employee discount program; authorized.

81-1394.
Participation in employee discount program; authorized.
Notwithstanding any other provision of law, any state employee may participate in an employee discount program administered by the personnel division of the Department of Administrative Services. Any such program shall be made available to all state employees.
Source
Laws 2009, LB167, § 1.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-1395 - Report of sexual harassment to Department of Administrative Services; duties; confidentiality; prohibited actions.

81-1395.
Report of sexual harassment to Department of Administrative Services; duties; confidentiality; prohibited actions.
(1) A state employee may make a report of sexual harassment to the Department of Administrative Services. The department shall investigate the report or ensure that an investigation is conducted by the agency which employs the reporting employee.
(2) The department and the agency which employs the reporting employee shall maintain the confidentiality of the reporting employee and any other person making a report of sexual harassment or participating in an investigation or internal agency proceeding under this section except:
(a) When disclosure is authorized in writing by such employee or other person;
(b) The identity of such employee or other person may be disclosed to the individual alleged to have committed the sexual harassment; and
(c) When necessary for conducting the investigation or imposing discipline.
(3) The agency employing the reporting employee shall not retaliate or discriminate against the reporting employee or any other person for:
(a) Initiating or participating in the making of a report of sexual harassment; or
(b) Testifying, assisting, or participating in an investigation, proceeding, or action concerning the sexual harassment.
Source
Laws 2018, LB791, § 5.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-1396 - Employee with access and use of protected tax information; criminal history record checks; required, when; procedure.

81-1396.
Employee with access and use of protected tax information; criminal history record checks; required, when; procedure.
(1) Any employee of a state agency whom the agency determines may directly access and use protected federal or state tax information as part of the employee's authorized duties shall be fingerprinted and undergo state and national criminal history record checks.
(2) The Nebraska State Patrol is authorized to submit the fingerprints of such employees to the Federal Bureau of Investigation and to issue a report to the employing state agency that includes the criminal history record information concerning the employee.
(3) The employing state agency shall use the information obtained from fingerprinting and an employee's criminal history only for purposes of verifying the employee's identification and determining the employee's suitability to perform the duties which are the basis for requiring that the employee submit to fingerprinting and state and national criminal history record checks.
(4) The cost of fingerprinting and state and national criminal history record information checks shall be paid by the employing state agency.
(5) For purposes of this section, state agency means the Department of Banking and Finance, the Department of Economic Development, the Department of Health and Human Services, the Department of Labor, and the Department of Revenue.
Source
Laws 2022, LB769, § 1.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-1402 - Nebraska Law Enforcement Training Center; created; purposes.

81-1402.
Nebraska Law Enforcement Training Center; created; purposes.
There is hereby created the Nebraska Law Enforcement Training Center under the supervision and control of the council. The purposes of the training center shall be to (1) test all law enforcement candidates on behalf of the council to ensure that they meet pre-certification and certification requirements, (2) oversee and monitor other training schools and training academies to ensure that pre-certification and certification requirements as set by the council are being met, and (3) conduct pre-certification programs, certification programs, and advanced law enforcement training programs as directed by the council.
Source
Laws 1969, c. 773, § 2, p. 2926;
Laws 1971, LB 929, § 2;
Laws 2000, LB 994, § 3.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-1402.01 - Individual training academies authorized.

81-1402.01.
Individual training academies authorized.
The Nebraska Commission on Law Enforcement and Criminal Justice and the Nebraska State Patrol are authorized to maintain the independent and distinct operation of their individual training academies notwithstanding any provision of law, rule, or regulation.
Source
Laws 2000, LB 994, § 1.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-1404 - Director of Nebraska Law Enforcement Training Center; duties.

81-1404.
Director of Nebraska Law Enforcement Training Center; duties.
The director of the Nebraska Law Enforcement Training Center shall devote full time to the duties of the office and shall not engage in any other business or profession or hold any other state public office. The director shall be responsible to the executive director of the commission for the operation of the training center and the conducting of training programs. The director of the training center shall:
(1) Appoint and remove for cause such employees as may be necessary for the operation of the training center and delegate appropriate powers and duties to them;
(2) Conduct research for the purpose of evaluating and improving the effectiveness of law enforcement training programs;
(3) Consult with the council on all matters pertaining to training schools, training academies, and continuing education;
(4) Supervise the administration of the pre-certification competency test;
(5) Ensure that all council rules and regulations with respect to law enforcement pre-certification, certification, continuing education, and training requirements are implemented and complied with and, in that capacity, act as the director of standards for the council;
(6) Advise the council concerning the operation of the training center, the requirements, as set by the council, for all training schools and training academies, and the formulation of training policies and regulations;
(7) Issue diplomas to students who successfully complete the prescribed basic course of study; and
(8) Maintain continuing education records in a central registry.
Source
Laws 1969, c. 773, § 4, p. 2927;
Laws 1971, LB 929, § 4;
Laws 1994, LB 971, § 4;
Laws 2000, LB 994, § 5;
Laws 2011, LB390, § 17;
Laws 2012, LB817, § 7.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-1405 - Employees; eligible for other state or political subdivision employment.

81-1405.
Employees; eligible for other state or political subdivision employment.
Notwithstanding any other provision of law to the contrary, employees of the training center other than the director shall be eligible to be employed by any other state agency or department or by any political subdivision of the state.
Source
Laws 1969, c. 773, § 5, p. 2927.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-1406 - Nebraska Police Standards Advisory Council; created; purpose and duties; meetings.

81-1406.
Nebraska Police Standards Advisory Council; created; purpose and duties; meetings.
There is hereby created the Nebraska Police Standards Advisory Council. The council shall be a special standing committee of the commission with the express purpose of overseeing all training schools and training academies and the operation of the training center and ensuring that all rules, regulations, and policies with respect to pre-certification, certification, continuing education, and training requirements are implemented and complied with. The council shall act for the commission in all matters relating to law enforcement training, the training center, and continuing education but shall not have any other powers and duties with respect to the commission or any of its duties. The council shall conduct regular meetings in order to carry out its statutory duties.
Source
Laws 1969, c. 773, § 6, p. 2927;
Laws 1994, LB 971, § 5;
Laws 2000, LB 994, § 6;
Laws 2012, LB817, § 8.
Annotations
It is the Nebraska Commission on Law Enforcement and Criminal Justice, not the Nebraska Police Standards Advisory Council, which is charged with the promulgation, adoption, and filing with the Secretary of State of rules and regulations. Hauser v. Nebraska Police Stds. Adv. Council, 264 Neb. 605, 650 N.W.2d 760 (2002).
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-1407 - Nebraska Police Standards Advisory Council; members; qualifications; terms; appointment; removal; hearing.

81-1407.
Nebraska Police Standards Advisory Council; members; qualifications; terms; appointment; removal; hearing.
(1)(a) The Nebraska Police Standards Advisory Council shall consist of nine members appointed by the Governor.
(b) Eight of the members shall be full-time officers or employees of a law enforcement agency. Such members shall include:
(i) A representative chief of police or his or her designee from a city of the metropolitan class;
(ii) A representative chief of police or his or her designee from a city of the primary class;
(iii) A representative chief of police or his or her designee from a city of the first class;
(iv) A representative chief of police or his or her designee from a city of the second class or village;
(v) A county sheriff or his or her designee from a county having a population of forty thousand or more;
(vi) A county sheriff or his or her designee from a county having a population of forty thousand or less;
(vii) A member of the Nebraska State Patrol; and
(viii) A sworn law enforcement officer holding the rank of sergeant or below.
(c) The ninth member shall be a member of the Jail Standards Board or a person from the public at large.
(2) Except as otherwise provided in this subsection, the members of the council shall serve for terms of four years each. Within ninety days after August 28, 2021, the Governor shall appoint the new members added by Laws 2021, LB51. Of such members one shall serve a term of three years and one shall serve a term of four years. Each succeeding member shall be appointed for a term of four years. A member may be reappointed at the expiration of his or her term. Any vacancy occurring otherwise than by expiration of a term shall be filled, for the remainder of the unexpired term, in the same manner as the original appointment. The council shall select one of its members as chairperson.
(3) No member of the council shall serve beyond the time when he or she holds the office or employment by reason of which he or she was initially eligible for appointment. A member may be removed from the council for cause upon notice and an opportunity to be heard at a public hearing before the Governor. After the hearing, the Governor shall file in the office of the Secretary of State a complete statement of the charges, his or her findings and disposition, together with a complete record of the proceedings.
Source
Laws 1969, c. 773, § 7, p. 2927;
Laws 1994, LB 971, § 6;
Laws 2021, LB51, § 6.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-1408 - Membership on council; other public office or employment.

81-1408.
Membership on council; other public office or employment.
Notwithstanding any provision of law, ordinance, or charter provision to the contrary, membership on the council shall not disqualify any member from holding any other public office or employment, or cause the forfeiture thereof.
Source
Laws 1969, c. 773, § 8, p. 2928.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-1409 - Council; members; compensation; expenses.

81-1409.
Council; members; compensation; expenses.
The members of the council shall serve without compensation, but they shall be entitled to receive reimbursement for expenses incurred incident to such service as provided in sections 81-1174 to 81-1177.
Source
Laws 1969, c. 773, § 9, p. 2928;
Laws 1981, LB 204, § 193;
Laws 2020, LB381, § 115.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-1410.01 - Training academies; de-escalation training.

81-1410.01.
Training academies; de-escalation training.
As part of entry-level law enforcement certification, each training academy shall require completion of de-escalation training. The de-escalation training shall include training related to mental health behaviors, substance abuse, anti-bias, implicit bias, and communicating with a person in a crisis.
Source
Laws 2021, LB51, § 7.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-1411 - Training center; admission; requirements; waive; when.

81-1411.
Training center; admission; requirements; waive; when.
Upon the request of any sheriff, chief of police, or any other person having an equivalent title who is appointed or employed by the state or a subdivision thereof to exercise supervisory authority over law enforcement officers, the council may waive requirements for admission to the training center.
Source
Laws 1969, c. 773, § 11, p. 2929;
Laws 1971, LB 929, § 5;
Laws 1994, LB 971, § 8.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-1412 - Law enforcement officer; handgun proficiency; records.

81-1412.
Law enforcement officer; handgun proficiency; records.
(1) In order to maintain proficiency in handgun operation, a law enforcement officer shall qualify at least once every calendar year with a handgun of the same make and model as the handgun which is the primary handgun to be carried by the law enforcement officer while on duty. Such qualification shall take place on a handgun shooting course submitted by the director and approved by the council.
(2) Qualification on a handgun shooting course shall be conducted by a qualified firearm instructor pursuant to rules and regulations adopted and promulgated by the council. Law enforcement agencies that do not have a qualified firearm instructor may share qualification with other law enforcement agencies that have a qualified firearm instructor or may utilize the Nebraska Association of Law Enforcement Firearm Instructors which may, at no cost, assist such law enforcement agencies by supplying a qualified firearm instructor for a handgun shooting course. The council shall adopt and promulgate rules and regulations for requalification for the case in which a law enforcement officer fails to qualify. The council shall adopt and promulgate rules and regulations that address the status of a law enforcement officer and his or her limitations, if any, if the law enforcement officer fails the handgun qualification. The council shall adopt and promulgate rules and regulations whereby the council may grant a waiver of the handgun qualification and determine the status and, if any, limitations of, a law enforcement officer in cases in which the law enforcement officer demonstrates an extreme hardship.
(3) Each law enforcement agency shall maintain its own records as to the handgun qualifications of its law enforcement officers.
Source
Laws 1996, LB 1055, § 13;
Laws 1999, LB 205, § 2.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-1412.01 - Handgun qualification test.

81-1412.01.
Handgun qualification test.
The minimum handgun qualification test shall consist of a handgun shooting course requiring the firing of fifty rounds of ammunition for completion of the course and the handgun shooting course prescribed target shall be the Federal Bureau of Investigation's "Q" target. The target shall be fired upon at a distance or at distances prescribed by the council. The method of scoring on the handgun shooting course shall be "pass/fail". "Pass" means a score of seventy percent or higher. A law enforcement officer participating in the minimum handgun qualification test shall use a handgun of the same make and model as the handgun which he or she will be authorized to use while on duty. The council shall adopt and promulgate rules and regulations governing the handguns to be used in the handgun qualification when a law enforcement officer is not authorized to use a handgun on duty.
Source
Laws 1996, LB 1055, § 14;
Laws 1999, LB 205, § 3.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-1412.02 - Handgun qualification register; requirements; fine.

81-1412.02.
Handgun qualification register; requirements; fine.
The person in charge of any agency employing law enforcement officers shall submit to the council a register of full-time, part-time, and reserve law enforcement officers employed by his or her agency and whether each law enforcement officer passed or failed the handgun qualification. The council shall adopt and promulgate rules and regulations governing the submission of agency registers. The register shall include the name of each law enforcement officer, whether the law enforcement officer passed or failed the handgun qualification, the name of the instructor who administered the course, the date of handgun qualification, and the type of handgun used in handgun qualification. An agency that fails to submit a handgun qualification register pursuant to this section shall be subject to a fine of one hundred dollars for each day of noncompliance. All fines collected under this section shall be remitted to the State Treasurer for credit to the Law Enforcement Improvement Fund.
Source
Laws 1996, LB 1055, § 15;
Laws 1999, LB 205, § 4;
Laws 2012, LB817, § 9.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-1413 - Training center; tuition, fees, and expenses; how paid.

81-1413.
Training center; tuition, fees, and expenses; how paid.
Tuition, fees, and such other expenses incurred in the pre-certification and certification training of applicants shall be the responsibility of the person or his or her employing agency. Such expenses also may be financed by the training center through other appropriated funds as determined by the council.
Source
Laws 1969, c. 773, § 13, p. 2930;
Laws 1994, LB 971, § 9;
Laws 2000, LB 994, § 8;
Laws 2004, LB 1162, § 3;
Laws 2006, LB 746, § 7;
Laws 2010, LB844, § 1.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-1413.01 - Nebraska Law Enforcement Training Center Cash Fund; created; purpose; investment.

81-1413.01.
Nebraska Law Enforcement Training Center Cash Fund; created; purpose; investment.
There is hereby created the Nebraska Law Enforcement Training Center Cash Fund. All receipts for tuition and fees paid to the Nebraska Law Enforcement Training Center shall be paid into the state treasury and by the State Treasurer credited to the Nebraska Law Enforcement Training Center Cash Fund. Such fund shall be used to defray the expenses of the training center, except that transfers may be made from the fund to the General Fund at the direction of the Legislature. Any money in the Nebraska Law Enforcement Training Center 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 1971, LB 223, § 1;
Laws 2009, First Spec. Sess., LB3, § 75.
Cross References
Nebraska Capital Expansion Act, see section 72-1269.
Nebraska State Funds Investment Act, see section 72-1260.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-1414.03 - Nebraska Law Enforcement Training Center; cost of planning and construction; limitations.

81-1414.03.
Nebraska Law Enforcement Training Center; cost of planning and construction; limitations.
The cost of planning and construction of the Nebraska Law Enforcement Training Center, excluding interest on indebtedness of such building and facilities, shall not exceed three million six hundred seventy-five thousand dollars plus the amount of investment income received by the Nebraska Law Enforcement Training Center Fund and by any of the bond or reserve funds established in connection with the city of Grand Island bond issue used to finance such building and facilities.
Source
Laws 1978, LB 877, § 3.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-1414.04 - Nebraska Law Enforcement Training Center Fund; created; deposits; investment.

81-1414.04.
Nebraska Law Enforcement Training Center Fund; created; deposits; investment.
There is hereby created, for the use of the commission, a fund to be known as the Nebraska Law Enforcement Training Center Fund, to consist of such money as appropriated to such fund by the Legislature. 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 1978, LB 877, § 4;
Laws 1995, LB 7, § 126;
Laws 2012, LB817, § 11.
Cross References
Nebraska Capital Expansion Act, see section 72-1269.
Nebraska State Funds Investment Act, see section 72-1260.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-1414.05 - Nebraska Law Enforcement Training Center Fund; proceeds; how expended.

81-1414.05.
Nebraska Law Enforcement Training Center Fund; proceeds; how expended.
The proceeds of the Nebraska Law Enforcement Training Center Fund shall be expended by the commission, as and when appropriated by the Legislature, to be used for the costs and payments to be made by the State of Nebraska to the city of Grand Island for the use by the state of such building or facility or portion thereof and equipping the same.
Source
Laws 1978, LB 877, § 5;
Laws 2012, LB817, § 12.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-1414.06 - Nebraska Law Enforcement Training Center; appropriations.

81-1414.06.
Nebraska Law Enforcement Training Center; appropriations.
It is the intent of the Legislature of Nebraska to appropriate to the Nebraska Law Enforcement Training Center Fund an amount sufficient for the costs and payments to be made by the State of Nebraska to the city of Grand Island for the lease by the state of the Nebraska Law Enforcement Training Center including an amount sufficient for operation and maintenance and lease payments sufficient to pay the principal and interest on the bonds issued by the city of Grand Island to finance such building and to maintain any required amounts in any bond and bond reserve funds.
Source
Laws 1978, LB 877, § 6;
Laws 1979, LB 593, § 16;
Laws 1986, LB 258, § 40.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-1414.07 - Continuing education requirements; course offerings.

81-1414.07.
Continuing education requirements; course offerings.
(1)(a) In order to maintain his or her professional status and serve the law enforcement profession, the community, and the residents of Nebraska, each law enforcement officer, other than a noncertified conditional officer, shall attend continuing education courses for the number of hours required in subdivision (1)(b) of this section in the areas of criminal justice and law enforcement during each calendar year beginning on January 1 and ending on December 31. A law enforcement officer is not required to meet the continuing education requirements in the year in which he or she first becomes fully certified. A law enforcement officer may retire from service in good standing without meeting the continuing education requirements in the calendar year of the officer's retirement.
(b) The number of continuing education hours required under this subsection shall be:
(i) Until January 1, 2022, twenty hours;
(ii) Beginning January 1, 2022, and until January 1, 2023, twenty-eight hours; and
(iii) Beginning January 1, 2023, thirty-two hours.
(2) The annual continuing education required by this section shall include:
(a) Refresher courses on de-escalation, mental health, and substance abuse issues;
(b) A minimum of two hours of anti-bias and implicit bias training;
(c) Firearms;
(d) Officer wellness;
(e) Legal updates, including, but not limited to, legislative changes and First Amendment and Fourth Amendment issues;
(f) Vehicular pursuit policy review; and
(g) Any other training as determined by a law enforcement agency.
(3) Continuing education courses may be offered in the form of seminars, advanced education which may include college or university classes, conferences, instruction conducted within the law enforcement officer's law enforcement agency, or instruction conducted over the Internet. Continuing education shall be of a type which has application to and seeks to maintain and improve the skills of the law enforcement officer in carrying out his or her duties and responsibilities.
Source
Laws 2012, LB817, § 13;
Laws 2020, LB924, § 3;
Laws 2021, LB51, § 12;
Laws 2022, LB1241, § 3.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-1414.08 - Continuing education requirements; certified reports; central registry.

81-1414.08.
Continuing education requirements; certified reports; central registry.
Every law enforcement agency of the state or any of its political subdivisions shall send the director certified reports, on a form designed by the director, of the completion of the continuing education requirements by its law enforcement officers at such time and in such manner and detail as the director may prescribe. The director shall maintain a record of the reports in a central registry.
Source
Laws 2012, LB817, § 14.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-1414.09 - Continuing education requirements; failure to complete; effect; fine.

81-1414.09.
Continuing education requirements; failure to complete; effect; fine.
(1) Failure to complete the continuing education requirements of sections 81-1414.07 and 81-1414.08 shall result in the suspension of a law enforcement officer's certificate or diploma from the Nebraska Law Enforcement Training Center and a fine under section 81-1403 until the continuing education is completed unless the officer is able to show good cause for not completing the continuing education requirements or unless a waiver has been granted.
(2) Any law enforcement officer who fails to fulfill his or her continuing education requirements for two consecutive reporting periods may have his or her certificate or diploma from the Nebraska Law Enforcement Training Center revoked and a fine incurred under section 81-1403 unless the officer is able to show good cause for not completing the continuing education requirements or unless a waiver has been granted.
Source
Laws 2012, LB817, § 15.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-1414.10 - Continuing education requirements; suspended while on active duty with armed forces.

81-1414.10.
Continuing education requirements; suspended while on active duty with armed forces.
The continuing education requirements of sections 81-1414.07 to 81-1414.09 shall be suspended for any law enforcement officer while he or she is on active duty with the armed forces of the United States.
Source
Laws 2012, LB817, § 16.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-1414.11 - Employment of law enforcement officer; waiver to prospective employer; contents; form; former employer; duties.

81-1414.11.
Employment of law enforcement officer; waiver to prospective employer; contents; form; former employer; duties.
(1) A person who seeks employment as a law enforcement officer in this state shall provide a signed waiver to the prospective employer upon a conditional offer of employment. The waiver must expressly allow the prospective employer to contact the person's former employer or employers and obtain from each copies of any records created under subsections (2) and (3) of section 81-1414.15 or under comparable laws in another jurisdiction. The prospective employer is responsible for providing the waiver to each former employer.
(2) The waiver required by this section shall be executed on a form provided by the commission to all agencies in this state that employ or administer oaths of office to law enforcement officers certified by the commission.
(3) Within ten calendar days after receipt of the waiver, a former employer shall provide the prospective employer, along with other information required or allowed to be provided by law, copies of any records created under subsections (2) and (3) of section 81-1414.15. The names and any identifying information in any records created under subsections (2) and (3) of this section of any individual, witness, or law enforcement officer or officers other than the person who signed the waiver shall be confidential and not disclosed to the prospective employer.
(4) A prospective employer shall not hire as a law enforcement officer a person to whom subsection (1) of this section applies unless the prospective employer receives, from each of the person's former employers whether located in Nebraska or in another jurisdiction, copies of any records created under subsections (2) and (3) of section 81-1414.15 or such other jurisdiction's comparable laws.
(5) A prospective employer shall not hire as a law enforcement officer a person to whom subsection (1) of this section applies if such person's former employer has provided notice to the commission that the person's separation from the former employer occurred under circumstances that may justify revocation of the person's certification unless the commission has reviewed the notification and issued a determination that the person shall retain such certification.
(6) For purposes of this section:
(a) Former employer means the law enforcement agency or other agency that currently employs or previously employed the person as a law enforcement officer, whether located in Nebraska or in another jurisdiction; and
(b) Prospective employer means the law enforcement agency or other agency that is considering hiring the person as a law enforcement officer.
Source
Laws 2018, LB791, § 2;
R.S.Supp.,2020, § 81-1457;
Laws 2021, LB51, § 9.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-1414.12 - Law enforcement officer; psychological evaluation; when required.

81-1414.12.
Law enforcement officer; psychological evaluation; when required.
(1) Prior to hiring a person as a law enforcement officer, a law enforcement agency shall, if such person has not previously worked as a law enforcement officer in Nebraska, cause such person to undergo a psychological evaluation to determine fitness for duty. The cost of such evaluation shall be the responsibility of the agency.
(2) The council may adopt and promulgate rules and regulations to carry out this section.
Source
Laws 2021, LB51, § 10.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-1414.14 - Law enforcement officer misconduct; complaints; policy required; investigations; agency powers and duties.

81-1414.14.
Law enforcement officer misconduct; complaints; policy required; investigations; agency powers and duties.
(1) Each law enforcement agency or agency employing a law enforcement officer shall have a policy in its standard operating procedures regarding accepting and investigating complaints of law enforcement officer misconduct.
(2) If an agency receives a complaint of law enforcement misconduct which could constitute grounds for revocation or suspension under subdivision (6) of section 81-1403:
(a) The agency shall investigate the matter;
(b) The investigation shall be carried out by a law enforcement officer who has experience investigating allegations of misconduct by law enforcement officers; and
(c) The agency shall complete the investigation within one hundred days after the complaint. If criminal charges against the officer are being considered, the one-hundred-day deadline shall be tolled until a charging decision has been made and the prosecuting attorney has filed charges or declined to file charges. Upon completion of any investigation under this subsection, the agency shall report the results of the investigation to the executive director of the commission.
(3) If a law enforcement agency determines that a complaint investigated under subsection (2) of this section may be grounds for revocation of a law enforcement officer's certification, the agency shall forward the matter to the commission and the commission shall investigate such complaint. Any investigation by the commission shall be completed within one hundred eighty days after receipt of the complaint. If such investigation is not completed within one hundred eighty days, the investigation shall be deemed closed and the officer shall be notified. The commission may begin a new investigation if new information not available during the previous investigation is received and an investigation is warranted.
Source
Laws 2021, LB51, § 13.
Annotations
The statutory duty to adopt policies regarding complaints of officer misconduct and to investigate misconduct that could constitute grounds for revocation or suspension was one factor in finding that complaints about officer misconduct filed with internal affairs are absolutely privileged. Elbert v. Young, 312 Neb. 58, 977 N.W.2d 892 (2022).
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-1414.15 - Employment of law enforcement officer; submit personnel change in status form; record; contents; report of termination or resignation in lieu of termination.

81-1414.15.
Employment of law enforcement officer; submit personnel change in status form; record; contents; report of termination or resignation in lieu of termination.
(1) The chief of police, sheriff, Superintendent of Law Enforcement and Public Safety, or the head administrator of a law enforcement agency or an agency employing a law enforcement officer shall submit a personnel change in status form as approved by the council to the director of the training center within seven calendar days after the date a law enforcement officer is hired by the agency or leaves employment with the agency.
(2) Each law enforcement agency or agency employing a law enforcement officer shall maintain a record regarding the reason or reasons for, and circumstances surrounding, a separation of service for each law enforcement officer employed by that agency. Such record shall be retained for five years following a law enforcement officer's separation from the agency.
(3) Each law enforcement agency or agency employing a law enforcement officer shall maintain any and all records of officer conduct which could constitute grounds for revocation or suspension of a law enforcement certification by the commission. Such record shall include any and all records of conduct which could constitute grounds for revocation or suspension under subdivision (6) of section 81-1403. Such record shall be retained for the duration of the law enforcement officer's employment with the agency and for ten years following his or her separation from the agency.
(4) The chief of police, sheriff, Superintendent of Law Enforcement and Public Safety, or the head administrator of a law enforcement agency or an agency employing a law enforcement officer shall make a report to the commission of any law enforcement officer who is terminated from employment or allowed to resign in lieu of termination for conduct described in subdivision (6) of section 81-1403. The report shall include, but not be limited to, a summary of the allegations pertaining to the officer and identification of any witnesses relevant to the allegations, and shall be filed with the commission within thirty calendar days of the termination or resignation in lieu of termination.
(5) Failure to comply with this section shall constitute neglect of duty.
Source
Laws 2018, LB791, § 1;
R.S.Supp.,2020, § 81-1456;
Laws 2021, LB51, § 14.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-1414.16 - Law enforcement officer; chokehold prohibited; carotid restraint control hold prohibited; exceptions; report required.

81-1414.16.
Law enforcement officer; chokehold prohibited; carotid restraint control hold prohibited; exceptions; report required.
(1) Except when the use of deadly force is authorized, a law enforcement officer shall not intentionally use a chokehold on any person.
(2) A law enforcement officer shall not intentionally use a carotid restraint control hold on any person unless:
(a) Either:
(i) The officer reasonably believes that the person will otherwise cause death or serious bodily injury to any person, including a law enforcement officer or noncertified conditional officer;
(ii) The person is actively resisting arrest in a manner that poses a risk of bodily injury to the officer or any other person; or
(iii) Deadly force is otherwise authorized; and
(b) The officer has been trained on the use of such hold.
(3) Following use of a carotid restraint control hold, a law enforcement officer shall create a report of the incident that articulates in detail the events leading to and following the use of such hold.
(4) For purposes of this section:
(a) Bodily injury has the same meaning as in section 28-109;
(b) Carotid restraint control hold means utilizing bilateral pressure to the sides of a person's neck, restricting the flow of oxygenated blood to the brain;
(c) Chokehold means intentionally applying pressure to the front of the throat and cutting off air flow for a sustained amount of time; and
(d) Serious bodily injury has the same meaning as in section 28-109.
Source
Laws 2021, LB51, § 15.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-1414.17 - Use of excessive force; policy of intervention required; commission; duties.

81-1414.17.
Use of excessive force; policy of intervention required; commission; duties.
On or before January 1, 2022:
(1) Each law enforcement agency shall adopt and provide to the commission for approval a policy requiring each law enforcement officer of such agency to intervene when such officer reasonably believes that another law enforcement officer is engaged in a use of excessive force; and
(2) The commission shall develop and distribute a suggested model written policy for use by law enforcement agencies, but the commission shall not mandate the adoption of the model policy except for any particular law enforcement agency which fails to timely create and provide to the commission a policy for the agency as required by this section or when the commission does not approve an agency's policy.
Source
Laws 2021, LB51, § 16.