reglab/statecodes huggingface dataset:
2023 Nebraska Revised Statutes › Chapter 84 - State Officers › 84-108 - Pulaski's Memorial Day; proclamation; observance.

84-108.
Pulaski's Memorial Day; proclamation; observance.
The Governor of the State of Nebraska is authorized and directed to issue a proclamation calling upon the officials of the state government and subdivisions thereof in local communities to display the flag of the United States on all public buildings on October 11 of each year and inviting the people of the State of Nebraska to observe the day in schools and other suitable places, with appropriate ceremonies, in commemoration of the death of Brigadier General Casimir Pulaski.
Source
Laws 1931, c. 94, § 1, p. 263;
C.S.Supp.,1941, § 84-110;
R.S.1943, § 84-108.
2023 Nebraska Revised Statutes › Chapter 84 - State Officers › 84-108.01 - Observances; not paid holidays.

84-108.01.
Observances; not paid holidays.
The observances provided for in sections 84-104.05, 84-104.08, 84-104.09, 84-107, and 84-108 shall not include provisions for such days to be declared paid holidays pursuant to subsection (3) of section 84-1001.
Source
Laws 1991, LB 199, § 2.
2023 Nebraska Revised Statutes › Chapter 84 - State Officers › 84-109 - State projects; control and supervision by Governor; when authorized; delegation of powers.

84-109.
State projects; control and supervision by Governor; when authorized; delegation of powers.
Wherever statewide projects contributed to by any federal agency are initiated within the state, and there is no state agency which is authorized by law to sponsor the same, the same may be sponsored by the Governor under his general power to take care that the affairs of the state be efficiently and economically administered. This power granted to the Governor shall include the power to cooperate with, or to supervise or to act in an advisory capacity as to any and all projects contributed to by any federal agency, as to which statewide supervision, direction, or advisory control may be deemed expedient;
Provided,
that for the purpose of efficient execution of the powers hereby bestowed, the Governor may delegate actual performance of such duties as may be necessary to any department or agency of the state to which it may seem proper and expedient to him to make such delegation.
Source
Laws 1941, c. 175, § 1, p. 685;
C.S.Supp.,1941, § 81-126;
R.S.1943, § 84-109;
Laws 1961, c. 450, § 1, p. 1375.
2023 Nebraska Revised Statutes › Chapter 84 - State Officers › 84-120 - Governor; succession to office.

84-120.
Governor; succession to office.
If the Lieutenant Governor or Speaker of the Legislature becomes incapable of performing the duties of Governor as provided by Article IV, section 16, of the Constitution of Nebraska, the duties of Governor shall be performed in the following order: Chairperson of the Executive Board of the Legislative Council, Chairperson of Committee on Committees, Chairperson of Committee on Judiciary, Chairperson of Committee on Government, Military and Veterans Affairs, Chairperson of Committee on Appropriations, Chairperson of Committee on Revenue, Chairperson of Committee on Education, Chairperson of Committee on Banking, Commerce and Insurance, Chairperson of Committee on Natural Resources, Chairperson of Committee on Agriculture, Chairperson of Committee on Health and Human Services, Chairperson of Committee on General Affairs, Chairperson of Committee on Urban Affairs, Chairperson of Committee on Business and Labor, and Chairperson of Committee on Transportation, until the vacancy is filled.
Source
Laws 1959, c. 499, § 1, p. 1499;
Laws 1961, c. 451, § 2, p. 1378;
Laws 1969, c. 831, § 1, p. 3153;
Laws 1974, LB 596, § 1;
Laws 1992, LB 965, § 5.
2023 Nebraska Revised Statutes › Chapter 84 - State Officers › 84-121 - Governor; succession to office; resignation required.

84-121.
Governor; succession to office; resignation required.
If, for any of the reasons mentioned in Article IV, section 16, of the Constitution of Nebraska, the Lieutenant Governor is unable to perform the duties that devolve on him or her as Governor, then the Speaker of the Legislature shall, upon his or her resignation as speaker and as a member of the Legislature, become Governor.
If for any of the reasons mentioned in Article IV, section 16, of the Constitution of Nebraska, there is a vacancy in the office of Governor after the succession of the speaker to such office, then the chairperson of the several committees in the order listed in section 84-120 shall, after resignation as such chairperson and member of the Legislature, become Governor.
Source
Laws 1959, c. 449, § 2, p. 1500;
Laws 1992, LB 965, § 6.
2023 Nebraska Revised Statutes › Chapter 84 - State Officers › 84-122 - Governor; succession to office; oath of office; effect.

84-122.
Governor; succession to office; oath of office; effect.
The taking of the oath of office by an individual specified in section 84-120, except the Lieutenant Governor, shall be held to constitute his resignation from the office by virtue of the holding of which he qualifies to act as Governor.
Source
Laws 1959, c. 449, § 3, p. 1500.
2023 Nebraska Revised Statutes › Chapter 84 - State Officers › 84-127 - Governor; disability; examination; conference; members; findings; effect.

84-127.
Governor; disability; examination; conference; members; findings; effect.
(1) Whenever it appears that the Governor is unable to discharge the duties of the office, the person next in line of succession to the office of Governor or the person who is dean of the College of Medicine of the University of Nebraska may call a conference consisting of the person who is dean of the College of Medicine of the University of Nebraska, the person who is chairperson of the Department of Psychiatry at the University of Nebraska Medical Center, and the dean of an accredited college of medicine located in the State of Nebraska to be selected by the other two members of the conference. The three members of the conference shall examine the Governor. After the examination, or if upon attempting to examine the Governor the members of the conference are unable to examine him or her because of circumstances beyond their control, they shall conduct a secret ballot and, by unanimous vote, may find that the Governor is temporarily unable to discharge the duties of the office.
(2) The finding of or failure to find a disability shall be made public, and in case the Governor is found to be unable to discharge the duties of the office, the person next in line of succession to the office of Governor shall be notified. After receiving the notification, the powers, duties, and emoluments of the office of Governor shall, under Article IV, section 16, of the Constitution of Nebraska, devolve upon the person next in line of succession to the office of Governor.
Source
Laws 1961, c. 452, § 1, p. 1379;
Laws 1969, c. 832, § 1, p. 3155;
Laws 1987, LB 112, § 7.
Cross References
For succession to office of Governor, see section 84-120.
2023 Nebraska Revised Statutes › Chapter 84 - State Officers › 84-128 - Governor; disability; removal; examination; conference; members; findings; effect.

84-128.
Governor; disability; removal; examination; conference; members; findings; effect.
Whenever a Governor who has been unable to discharge the duties of the office believes his disability to be removed, he may call a conference consisting of the three persons referred to as members of such a conference in subsection (1) of section 84-127. The three members of the conference shall examine the disabled Governor. After the examination they shall conduct a secret ballot and, by unanimous vote may find the disability removed, and their findings shall immediately be made public.
Source
Laws 1961, c. 452, § 2, p. 1380.
2023 Nebraska Revised Statutes › Chapter 84 - State Officers › 84-129 - Governor; disability; conference; member; unable to perform duty; successor.

84-129.
Governor; disability; conference; member; unable to perform duty; successor.
Should any of the officials named as members of the conference provided for in sections 84-127 and 84-128 be, for any reason, unable to perform the duties of his office, his place in such conference shall be taken by the person actually performing the duties of his office.
Source
Laws 1961, c. 452, § 3, p. 1380.
2023 Nebraska Revised Statutes › Chapter 84 - State Officers › 84-130 - Governor; disability; findings; appeal; procedure; validity of acts of successor to office of Governor.

84-130.
Governor; disability; findings; appeal; procedure; validity of acts of successor to office of Governor.
The Governor or any elector of the State of Nebraska may appeal to the Supreme Court from the decision of the members of the conference as provided in sections 84-127 and 84-128. Such appeal shall be perfected within one month from the rendition of the decision of the conference by filing an appeal bond with the court and a copy of the decision of the conference. The cause shall be tried de novo, and shall be advanced for argument before the Supreme Court, and the Supreme Court shall render its judgment and write an opinion in such cases as speedily as possible. The decision of the conference may be modified, affirmed, or set aside. The decision of the conference shall remain in full force and effect unless and until such decision is modified or set aside by the Supreme Court. Any official acts of the person who succeeded to the office of Governor while any such appeal is pending shall be deemed to be fully valid for all purposes even though such conference decision be subsequently modified or set aside on appeal.
Source
Laws 1961, c. 452, § 4, p. 1380.
2023 Nebraska Revised Statutes › Chapter 84 - State Officers › 84-131 - Comprehensive state and regional planning; declaration of purpose.

84-131.
Comprehensive state and regional planning; declaration of purpose.
The Legislature hereby finds and declares that:
(1) The people of the State of Nebraska have a fundamental interest in the orderly development of the state and its regions;
(2) The state has a positive interest in the establishment of a comprehensive state and regional planning process and in the preparation and maintenance of long-range, comprehensive plans and programs for the physical, social, and economic development of the whole state and of each of its regions, which plans and programs can serve as a guide for local governmental units and state departments, agencies, and institutions;
(3) The continued growth of the state, particularly in urban areas, and the general readjustment of people and the economy in many of the state's rural regions present problems which cannot be met by individual counties or cities;
(4) Planning by local governmental units can be strengthened when conducted in relation to statewide and regional studies and planning; and
(5) Direct leadership by the Governor is required to assure the coordination of state and local plans and programs with the planning and programming activities of federal, state, and regional bodies.
Source
Laws 1969, c. 775, § 1, p. 2937.
2023 Nebraska Revised Statutes › Chapter 84 - State Officers › 84-132 - Sections; purpose.

84-132.
Sections; purpose.
It is the purpose of sections 84-131 to 84-141 to promote the development of the state's human, economic, and physical resources; to promote the health, safety, and general welfare of its citizens; and to secure the economical and efficient expenditure of the state's revenue by creating, within the executive branch, an office for development and review of policy alternatives. The office shall act as a directing, advisory, consulting, and coordinating agency to harmonize planning and policy development activities at all levels of government within Nebraska, and to stimulate public interest and participation in the social, economic, and physical development of the state.
Source
Laws 1969, c. 775, § 2, p. 2937;
Laws 1979, LB 412, § 12.
2023 Nebraska Revised Statutes › Chapter 84 - State Officers › 84-134 - Advisory committees or councils; members; appointment; no compensation; expenses; meetings.

84-134.
Advisory committees or councils; members; appointment; no compensation; expenses; meetings.
The Governor may establish special or general advisory committees or councils to the Governor's Policy Research Office and appoint the members thereof, who shall serve for stated times or at his or her pleasure. Members shall serve without compensation, but may be reimbursed for the necessary expenses incurred in the performance of their duties as provided in sections 81-1174 to 81-1177 for state employees. The Governor may designate the chairperson and such other officers as he or she may deem necessary for each advisory committee or council. Advisory committees or councils established pursuant to the provisions of this section shall meet at the call of their chairperson or of the Director of Policy Research.
Source
Laws 1969, c. 775, § 4, p. 2939;
Laws 1979, LB 412, § 14;
Laws 1981, LB 204, § 210.
2023 Nebraska Revised Statutes › Chapter 84 - State Officers › 84-136 - Governor's Policy Research Office; state development policy alternatives; powers.

84-136.
Governor's Policy Research Office; state development policy alternatives; powers.
(1) At the direction of the Governor, the Governor's Policy Research Office may prepare and issue long-range state development policy alternatives based on studies, plans, requirements, and operations of departments, agencies, and institutions of state, local, and regional units of government and the federal government. Such policies shall be based upon the existing and prospective resources and needs of the people of Nebraska and shall identify and stress alternative statewide goals, objectives, and opportunities.
(2) State development policy alternatives shall take into consideration the physical, economic, and social development of the state and may include, but not be limited to, the following:
(a) Population and economic analysis with projections for each region and subregion of the state;
(b) General land-use policy alternatives for urban development, agriculture, mineral extraction, forests, open space, and other purposes;
(c) Policy alternatives for housing and the development and redevelopment of urban areas and other places of settlement;
(d) Policy alternatives for the balanced development of airport, highway, and other transportation facilities, including rail, ship, and pipelines;
(e) Policy alternatives for health services and facilities, manpower development, employment opportunity, education, elimination of poverty, law enforcement, and other programs;
(f) Projection of needs for public facilities, including but not limited to headquarters and district state office buildings, state colleges and universities, and state health, welfare, and correctional institutions;
(g) Policy alternatives for the prudent exploitation, conservation, and replenishment of the state's natural resources; and
(h) Policy alternatives for intergovernmental relations and governmental structure.
Source
Laws 1969, c. 775, § 6, p. 2942;
Laws 1979, LB 412, § 16.
2023 Nebraska Revised Statutes › Chapter 84 - State Officers › 84-137 - Governor's Policy Research Office; functional plans; Governor; powers.

84-137.
Governor's Policy Research Office; functional plans; Governor; powers.
(1) In consultation with appropriate state and local governmental agencies, the Governor's Policy Research Office may prepare, or cause to be prepared, and issue on behalf of the Governor, a series of medium-range or long-range development plans on a specific subject or service area of government. Such plans, called functional plans, may include one of the following subject areas: Outdoor recreation, water resources, transportation, law enforcement and the administration of criminal justice, housing, education, social and economic development, physical and mental health services and facilities, employment, poverty, manpower development, and other broad areas of state responsibility.
(2) The Governor, through the Governor's Policy Research Office, may direct each department, agency, and institution of the state to designate from among its employees and officers a planning officer who shall be directly responsible to the chief executive officer of the department, agency, or institution for internal and interagency planning and programming activities and who shall maintain continuing liaison with personnel of the Governor's Policy Research Office.
(3) Functional plans, whether specifically required as a condition to federal loans or grants or not, prepared by transportation authorities, natural resources districts, state departments, agencies, or institutions, shall be issued only after review and approval by the Governor's Policy Research Office.
(4) Functional plans and revisions thereof may be transmitted to the Legislature by the Governor for its consideration and action.
Source
Laws 1969, c. 775, § 7, p. 2943;
Laws 1979, LB 412, § 17.
2023 Nebraska Revised Statutes › Chapter 84 - State Officers › 84-139 - Plans of state agencies; approval by Governor's Policy Research Office.

84-139.
Plans of state agencies; approval by Governor's Policy Research Office.
No state agency functional plan of the type referred to in section 84-137 may be promulgated, nor may any planning program of a state agency, department, or institution be undertaken, unless the Governor's Policy Research Office finds that such plans or planning programs are not in conflict with the laws of the State of Nebraska and executive orders of the Governor.
Source
Laws 1969, c. 775, § 9, p. 2944;
Laws 1979, LB 412, § 18.
2023 Nebraska Revised Statutes › Chapter 84 - State Officers › 84-141 - Nebraska Commission on Law Enforcement and Criminal Justice; planning programs; consistent with planning policies of Governor's Policy Research Office.

84-141.
Nebraska Commission on Law Enforcement and Criminal Justice; planning programs; consistent with planning policies of Governor's Policy Research Office.
The planning programs of the Nebraska Commission on Law Enforcement and Criminal Justice shall be consistent with the planning policies of the Governor's Policy Research Office.
Source
Laws 1969, c. 775, § 14, p. 2947;
Laws 1979, LB 412, § 20.
Cross References
Nebraska Commission on Law Enforcement and Criminal Justice, powers and duties, see section 81-1423.
2023 Nebraska Revised Statutes › Chapter 84 - State Officers › 84-161 - Comprehensive development plans; Governor's Policy Research Office; assist in preparation; when.

84-161.
Comprehensive development plans; Governor's Policy Research Office; assist in preparation; when.
The Governor's Policy Research Office shall not contract with or provide assistance to any municipality or county to prepare comprehensive development plans or land-use regulatory proposals, unless such assistance shall first be requested in writing by the municipality or county.
Source
Laws 1978, LB 186, § 14;
Laws 1979, LB 412, § 30.
2023 Nebraska Revised Statutes › Chapter 84 - State Officers › 84-162 - Vital resource emergencies; legislative findings.

84-162.
Vital resource emergencies; legislative findings.
The Legislature finds, for purposes of sections 84-162 to 84-167, that:
(1) Water for domestic, agricultural, and industrial use, food for domestic use, and adequate energy supplies are vital resources needed to sustain life;
(2) The interruption of supplies of these resources or the threat of such interruption may cause severe hardship or threaten the health and lives of the citizens of the state;
(3) The Governor, as chief executive, should have adequate means at his or her disposal to insure the health and welfare of the citizens of the state; and
(4) Sections 84-162 to 84-167 provide the additional emergency powers necessary for the Governor to act in specified vital resource emergencies.
Source
Laws 1980, LB 954, § 51.
2023 Nebraska Revised Statutes › Chapter 84 - State Officers › 84-163 - Terms, defined.

84-163.
Terms, defined.
As used in sections 84-162 to 84-167, unless the context otherwise requires:
(1) Vital resource crisis shall mean the occurrence or imminent threat of widespread or severe damage, injury, or loss of life or property resulting from the shortage of any vital resource as the result of interruption or shortage of electricity, petroleum-based fuels, uranium, coal, or any other form of energy; and
(2) Vital resource shall include food for domestic use, water for domestic, agricultural, or industrial use, and electricity, petroleum-based fuels, uranium, coal, or any other form of energy.
Source
Laws 1980, LB 954, § 52.
2023 Nebraska Revised Statutes › Chapter 84 - State Officers › 84-164 - Vital resource emergency; Governor declare; when; termination.

84-164.
Vital resource emergency; Governor declare; when; termination.
A vital resource emergency shall be declared by the Governor if he or she finds that a vital resource crisis is imminent or has occurred. Such declaration shall be promptly filed with the Secretary of State. The state of emergency shall continue until the Governor finds that the threat or danger has passed or that the vital resource emergency has been dealt with to the extent that emergency conditions no longer exist and therefor terminates the state of emergency by proclamation. No state of emergency shall continue for longer than fifteen days unless renewed by proclamation of the Governor. The Legislature may terminate a state of emergency at any time, upon passage of a resolution.
Source
Laws 1980, LB 954, § 53.
2023 Nebraska Revised Statutes › Chapter 84 - State Officers › 84-165 - Vital resource emergency; legislative determination; response of Governor.

84-165.
Vital resource emergency; legislative determination; response of Governor.
If the Legislature determines by resolution that a vital resource emergency exists it shall transmit such resolution to the Governor. The Governor shall respond in writing to such legislative resolution within ten days, stating his or her plan, if an emergency proclamation is to be issued pursuant to the resolution, and stating the reason or reasons for not issuing such proclamation if action is not going to be taken.
Source
Laws 1980, LB 954, § 54.
2023 Nebraska Revised Statutes › Chapter 84 - State Officers › 84-166 - Vital resource emergency; Governor; powers.

84-166.
Vital resource emergency; Governor; powers.
Pursuant to the proclamation of a vital resource emergency issued as provided in section 84-164, the Governor by executive order may:
(1) Regulate the operating hours of vital resource consuming instrumentalities including state government, political subdivisions, private institutions, and business facilities to the extent that the regulation is not hazardous or detrimental to the health, safety, or welfare of the people of this state;
(2) Establish a system for the distribution of the supply of energy or vital resource;
(3) Curtail, regulate, or direct the public and private transportation and use of the vital resource which is in short supply, to the extent necessary, so long as such regulation is not hazardous or detrimental to the health, safety, or welfare of the people of this state;
(4) Delegate any administrative authority vested in him or her to the Department of Environment and Energy or any other state agency or its respective director; and
(5) Provide for the temporary transfer of directors, personnel, or functions of state departments and agencies for the purpose of carrying out any emergency measures taken pursuant to sections 84-162 to 84-167.
Source
Laws 1980, LB 954, § 55;
Laws 2019, LB302, § 175.
2023 Nebraska Revised Statutes › Chapter 84 - State Officers › 84-167 - Emergency measures; exemption; issued by Governor.

84-167.
Emergency measures; exemption; issued by Governor.
Any person, association, partnership, limited liability company, or corporation may appeal to the Governor requesting a partial or complete exemption from the emergency measures ordered pursuant to sections 84-162 to 84-167. Any such exemption issued by the Governor shall be in writing and shall clearly identify those persons exempted, the scope of such exemption, and the reasons for granting such exemptions.
Source
Laws 1980, LB 954, § 56;
Laws 1993, LB 121, § 548.
2023 Nebraska Revised Statutes › Chapter 84 - State Officers › 84-168 - Acceptance of cession or retrocession of federal jurisdiction; filing.

84-168.
Acceptance of cession or retrocession of federal jurisdiction; filing.
By appropriate executive order, the Governor may accept on behalf of the state full or partial cession or retrocession of federal jurisdiction, criminal or civil, over any lands, except Indian lands, in federal enclaves within the state where such cession or retrocession has been offered by appropriate federal authority. An executive order accepting a cession or retrocession of jurisdiction shall be filed in the office of the Secretary of State and in the office of the register of deeds of the county in which the affected real estate is located.
Source
Laws 1993, LB 545, § 1.
2023 Nebraska Revised Statutes › Chapter 84 - State Officers › 84-201 - Department of Justice; Attorney General; head.

84-201.
Department of Justice; Attorney General; head.
There is hereby constituted an executive department to be known as the Department of Justice, and the Attorney General shall be the head of this department.
Source
Laws 1919, c. 205, § 1, p. 904;
C.S.1922, § 4834;
C.S.1929, § 84-201;
R.S.1943, § 84-201.
Annotations
Attorney General has right to appeal from order of State Board of Equalization and Assessment. State ex rel. Sorensen v. State Board of Equalization and Assessment, 123 Neb. 259, 242 N.W. 609 (1932), 243 N.W. 264 (1932).
Attorney General on own initiative had authority to maintain suit to enjoin repeated violations of anti-gambling statutes in form of pari-mutuel betting on horse races. State ex rel. Sorensen v. Ak-Sar-Ben Exposition Co., 121 Neb. 248, 236 N.W. 736 (1931).
Attorney General is clothed with power to prosecute criminal actions in any county in the state. Lower v. State, 106 Neb. 666, 184 N.W. 174 (1921).
2023 Nebraska Revised Statutes › Chapter 84 - State Officers › 84-201.01 - Attorney General; salary.

84-201.01.
Attorney General; salary.
Until January 4, 2007, the annual salary of the Attorney General shall be seventy-five thousand dollars. Commencing January 4, 2007, the annual salary of the Attorney General shall be ninety-five thousand dollars. The salary of the Attorney General shall be payable in equal monthly installments.
Source
Laws 1963, c. 538, § 1, p. 1684;
Laws 1965, c. 567, § 1, p. 1853;
Laws 1969, c. 833, § 1, p. 3156;
Laws 1973, LB 246, § 1;
Laws 1978, LB 541, § 1;
Laws 1986, LB 43, § 4;
Laws 1990, LB 503, § 3;
Laws 2000, LB 956, § 3;
Laws 2006, LB 817, § 3.
2023 Nebraska Revised Statutes › Chapter 84 - State Officers › 84-202 - Department of Justice; powers and duties.

84-202.
Department of Justice; powers and duties.
The Department of Justice shall have the general control and supervision of all actions and legal proceedings in which the State of Nebraska may be a party or may be interested, and shall have charge and control of all the legal business of all departments and bureaus of the state, or of any office thereof, which requires the services of attorney or counsel in order to protect the interests of the state.
Source
Laws 1919, c. 205, § 2, p. 904;
C.S.1922, § 4835;
C.S.1929, § 84-202;
R.S.1943, § 84-202;
Laws 1953, c. 354, § 1, p. 1131.
Annotations
Constitutionality of act creating Department of Justice was raised but not decided. Smith v. State, 109 Neb. 579, 191 N.W. 687 (1922).
Attorney General is authorized to institute suits on official bond of state officer, and admissions in pleadings verified by him bind state. Paxton v. State, 59 Neb. 460, 81 N.W. 383 (1899).
2023 Nebraska Revised Statutes › Chapter 84 - State Officers › 84-203 - Attorney General; actions by or against the state; duties.

84-203.
Attorney General; actions by or against the state; duties.
The Attorney General is authorized to appear for the state and prosecute and defend, in any court or before any officer, board or tribunal, any cause or matter, civil or criminal, in which the state may be a party or interested. If the Director-State Engineer shall have drawn any plans or specifications for the construction of bridges or other public structures for any county in this state, and such plans shall have been adopted by any such county and bids let thereon, and the same constructed by any person, corporation or association, and suit is brought against such county, person, corporation or association for damages on account of the infringement of any alleged United States patent, in any court, state or federal, it shall be the duty of the Attorney General to intervene in said suit in behalf of the state and defend it, or, if intervention cannot be had, then the Attorney General shall take charge of the suit for such county, person, corporation or association, and defend it, or he may employ counsel to do so, and the fee of such counsel and other expenses shall be paid from appropriations made to the office of the Attorney General.
Source
Laws 1919, c. 205, § 3, p. 904;
C.S.1922, § 4836;
C.S.1929, § 84-203;
R.S.1943, § 84-203.
Annotations
Attorney General is not authorized to enter voluntary appearance of state in workmen's compensation case. Anstine v. State, 137 Neb. 148, 288 N.W. 525 (1939).
Assistant attorney general does not have authority to sign informations. Lower v. State, 106 Neb. 666, 184 N.W. 174 (1921).
Voluntary appearance by the Attorney General on behalf of the state and his failure to object to the jurisdiction of the court could not bind state. McShane v. Murray, 106 Neb. 512, 184 N.W. 147 (1921).
Attorney General has no general authority to appear in suits against state in federal court and consent to waiver of state's immunity from suit. O'Connor v. Slaker, 22 F.2d 147 (8th Cir. 1927).
2023 Nebraska Revised Statutes › Chapter 84 - State Officers › 84-204 - Attorney General; power in counties concurrent with county attorney.

84-204.
Attorney General; power in counties concurrent with county attorney.
The Attorney General and the Department of Justice shall have the same powers and prerogatives in each of the several counties of the state as the county attorneys have in their respective counties.
Source
Laws 1919, c. 205, § 4, p. 905;
C.S.1922, § 4837;
C.S.1929, § 84-204;
R.S.1943, § 84-204.
Annotations
Attorney General has same authority to prosecute exceptions in the Supreme Court as the county attorney. State v. Hutter, 145 Neb. 798, 18 N.W.2d 203 (1945).
Attorney General has right to invoke judgment of appellate court by writ of error to State Board of Equalization upon order reducing assessments entered by board. State ex rel. Sorensen v. State Board of Equalization and Assessment, 123 Neb. 259, 242 N.W. 609 (1932), 243 N.W. 264 (1932).
Assistant attorney general has no authority to make and sign information in his own name, and information so signed is nullity. Lower v. State, 106 Neb. 666, 184 N.W. 174 (1921).
2023 Nebraska Revised Statutes › Chapter 84 - State Officers › 84-206 - Deputy attorney general; bond or insurance; powers and duties; compensation.

84-206.
Deputy attorney general; bond or insurance; powers and duties; compensation.
The Attorney General shall appoint a deputy attorney general, who shall be bonded or insured as required by section 11-201. A copy of the appointment shall be deposited in the office of the Secretary of State. The deputy may do and perform, in the absence of the Attorney General, all the acts and duties that may be authorized and required to be performed by the Attorney General. The Attorney General shall be responsible for all acts of such deputy. The deputy shall receive a salary of such amount as shall be fixed by the Attorney General, to be paid on a monthly basis by warrant of the Director of Administrative Services on the State Treasurer. The salary of the deputy attorney general and each full-time assistant attorney general shall be not less than twenty thousand dollars.
Source
Laws 1887, c. 84, § 1, p. 629;
R.S.1913, § 5542;
Laws 1919, c. 205, § 6, p. 907;
Laws 1921, c. 107, § 2, p. 379;
C.S.1922, § 4839;
C.S.1929, § 84-206;
Laws 1943, c. 228, § 1, p. 775;
R.S.1943, § 84-206;
Laws 1947, c. 346, § 4, p. 1092;
Laws 1951, c. 338, § 8, p. 1119;
Laws 1953, c. 355, § 1, p. 1132;
Laws 1955, c. 347, § 1, p. 1066;
Laws 1957, c. 220, § 1, p. 759;
Laws 1959, c. 451, § 1, p. 1503;
Laws 1963, c. 535, § 1, p. 1680;
Laws 1973, LB 246, § 2;
Laws 1978, LB 653, § 38;
Laws 2004, LB 884, § 48.
Cross References
For bonding provisions, see Chapter 11.
For other provisions as to deputy state officers, see Chapter 84, article 8.
Annotations
Attorney General has power to designate an assistant attorney general to appear in his stead in trial of a criminal cause, and it is not necessary that the assistant be a bonded deputy under above section. Carlsen v. State, 127 Neb. 11, 254 N.W. 744 (1934).
Assistant attorney general has no power to make and sign information in his own name, and information so signed is a nullity. Lower v. State, 106 Neb. 666, 184 N.W. 174 (1921).
Prohibition against creation of new executive department does not prevent the appointment of deputy. In re Appropriations for Deputies, Etc., 25 Neb. 662, 41 N.W. 643 (1889).
2023 Nebraska Revised Statutes › Chapter 84 - State Officers › 84-206.01 - Attorney General; actions relating to boundary lines; duty.

84-206.01.
Attorney General; actions relating to boundary lines; duty.
The Attorney General shall commence, prosecute, or defend all actions relating to Nebraska's boundary line which affect the rights and interests of Nebraska landowners whose land is being taxed by Nebraska political subdivisions on or after September 13, 1997. The Attorney General shall also take any other action that is required in his or her judgment to protect all rights and interests of such landowners.
Source
Laws 1997, LB 588, § 1.
2023 Nebraska Revised Statutes › Chapter 84 - State Officers › 84-207 - Attorney General; actions involving use of waters of interstate streams; duty.

84-207.
Attorney General; actions involving use of waters of interstate streams; duty.
It shall be the duty of the Attorney General of the state to commence, prosecute and defend any and all actions affecting the rights of Nebraska water users in interstate streams as against appropriators in any other state, and to take such steps as in his judgment are required to protect any and all interests of appropriators of water within this state in such cases.
Source
Laws 1915, c. 223, § 1, p. 492;
C.S.1922, § 4841;
C.S.1929, § 84-208;
R.S.1943, § 84-207.
Annotations
Attorney General was authorized to maintain action to compel irrigation district to refrain from using water for irrigation purposes without complying with statute regulating same. State ex rel. Sorensen v. Mitchell Irrigation District, 129 Neb. 586, 262 N.W. 543 (1935).
2023 Nebraska Revised Statutes › Chapter 84 - State Officers › 84-208 - Attorney General; actions involving use of waters in interstate streams; special counsel; expense.

84-208.
Attorney General; actions involving use of waters in interstate streams; special counsel; expense.
The Attorney General is authorized to employ such assistance and incur such expenses as shall be necessary in any such actions.
Source
Laws 1915, c. 223, § 2, p. 492;
C.S.1922, §§ 4842, 4843;
C.S.1929, § 84-209;
R.S.1943, § 84-208.
2023 Nebraska Revised Statutes › Chapter 84 - State Officers › 84-209 - Attorney General; actions against members of Legislature; defense; when authorized.

84-209.
Attorney General; actions against members of Legislature; defense; when authorized.
It shall be the duty of the Attorney General, when requested by resolution of the Legislature, to appear for, and prosecute or defend any action instituted or now pending in any of the courts of this state against any member of the Legislature for, or on account of, any words spoken, or any act or thing done, in the course of legislative procedure, or with relation to any act, measure, resolution, report, speech or debate, or other matter had or transacted by the Legislature, or in connection therewith.
Source
Laws 1935, Spec. Sess., c. 9, § 1, p. 67;
C.S.Supp.,1941, § 84-211;
R.S.1943, § 84-209.
2023 Nebraska Revised Statutes › Chapter 84 - State Officers › 84-210 - Attorney General; actions against members of Legislature; defense when Attorney General disqualified.

84-210.
Attorney General; actions against members of Legislature; defense when Attorney General disqualified.
When the nature of the action referred to in section 84-209 is such that the Attorney General is disqualified by law from appearing therein and defending the same, then, in that event, it shall be the duty of the Governor of the state to appoint special counsel to appear and defend such action in like manner as the Attorney General might do, if qualified.
Source
Laws 1935, Spec. Sess., c. 9, § 2, p. 68;
C.S.Supp.,1941, § 84-212;
R.S.1943, § 84-210.
2023 Nebraska Revised Statutes › Chapter 84 - State Officers › 84-211 - Attorney General; antitrust division; violations of federal antitrust laws; duties.

84-211.
Attorney General; antitrust division; violations of federal antitrust laws; duties.
It shall be the duty of the Attorney General to institute and prosecute such proceedings as may be necessary for the State of Nebraska and its political subdivisions when there are violations of state and federal antitrust laws. Such proceedings shall be for the state and its political subdivisions as their interest may appear, and may be prosecuted in the name of the State of Nebraska. No later than June 30, 1974, the Attorney General shall establish within the Department of Justice an antitrust division to which he shall assign one or more assistants, as the work may require. It shall be the primary duty of such division to enforce the laws against monopolies, illegal trusts and other unlawful combinations in restraint of trade, and it shall investigate complaints of violations of such laws, subject to the availability of appropriations for that purpose. To assist the division, the Attorney General shall have authority to call on all agencies of this state, and the political subdivisions thereof, for such assistance as they may be in a position to provide, including but not limited to the furnishing of records and information relating to transactions entered into by them which the Attorney General believes pertain to his antitrust investigations.
Source
Laws 1969, c. 826, § 1, p. 3133;
Laws 1974, LB 1028, § 4.
Cross References
Antitrust actions, see section 59-829.
2023 Nebraska Revised Statutes › Chapter 84 - State Officers › 84-212 - Attorney General; antitrust matters; powers; duties; damages; proof; distribution.

84-212.
Attorney General; antitrust matters; powers; duties; damages; proof; distribution.
The Attorney General shall have and retain all his common-law powers with respect to dealing with antitrust matters, and all related statutes of this state shall be deemed to be supplementary to such powers. He shall have authority to bring civil actions in the name of the state against anyone found violating either state or federal antitrust laws, and may recover treble damages in such actions. Such actions may also be brought as parens patriae of the citizens of this state with respect to damages personally sustained by such citizens, and he may recover the aggregate damages sustained by the citizens of this state, without separately proving the individual claims of each such citizen. Proof of such damages may be based on statistical sampling methods, the pro rata allocation of excess profits to sales occurring within this state, or such other reasonable system of estimating aggregate damages as the court in its discretion may permit. He shall distribute, allocate, or otherwise pay out of the funds so recovered to each citizen of the state a pro rata portion of the fund attributable to his respective claim for damages, less litigation and administrative costs, and any balance remaining after the payment of such individual claims and the costs of litigation and other administrative costs shall be placed in a fund to be distributed to the common schools of this state.
Source
Laws 1974, LB 1028, § 5.
2023 Nebraska Revised Statutes › Chapter 84 - State Officers › 84-214 - Antitrust matters; labor of human beings; exempt.

84-214.
Antitrust matters; labor of human beings; exempt.
Anything in sections 59-821, 59-828, 59-829, and 84-211 to 84-214 to the contrary notwithstanding the labor of human beings shall not be construed to be an article of commerce or commodity of business and shall be exempt from the provisions of sections 59-821, 59-828, 59-829, and 84-211 to 84-214.
Source
Laws 1974, LB 1028, § 7.
2023 Nebraska Revised Statutes › Chapter 84 - State Officers › 84-215 - Act of Legislature; Attorney General opinion, unconstitutional; refusal to implement by state officer; action to determine validity.

84-215.
Act of Legislature; Attorney General opinion, unconstitutional; refusal to implement by state officer; action to determine validity.
When the Attorney General issues a written opinion that an act of the Legislature is unconstitutional and any state officer charged with the duty of implementing the act, in reliance on such opinion, refuses to implement the act, the Attorney General shall, within ten working days of the issuance of the opinion, file an action in the appropriate court to determine the validity of the act. In any such action filed under the provisions of this section, the Attorney General may sue as defendant any person having a litigable interest in the matter or in lieu thereof may sue the Secretary of State. If the Secretary of State is named as defendant, it shall be his duty to defend such action and to support the constitutionality of the act of the Legislature and for such purpose is authorized to employ special counsel. Notwithstanding the provisions of this section, no such action need be brought by the Attorney General if there is pending in any court of the state a legal action for the purpose of testing the constitutionality of the act. Any person having a litigable interest may be joined in the action or may intervene in the action, but shall not be deemed a necessary party in order to determine the validity of the act.
Source
Laws 1977, LB 46, § 1.
Annotations
It is doubtful that a letter from the Attorney General, disapproving proposed rules as beyond the authority of the board proposing them and stating that the authorizing statute is an excessive delegation of legislative authority, is "a written opinion that an act of the Legislature is unconstitutional". Therefore, the board's failure to act even if the failure is in reliance on such a letter, does not fulfill the requirements of this section. State ex rel. Neb. Nurses Assn. v. State Board of Nursing, 205 Neb. 792, 290 N.W.2d 453 (1980).
Mere failure to act because of an opinion letter of the Attorney General does not constitute refusal to act in reliance upon a written opinion as required by this section. State ex rel. Neb. Nurses Assn. v. State Board of Nursing, 205 Neb. 792, 290 N.W.2d 453 (1980).
When a board fails to promulgate rules required by statute and such failure is the result of an Attorney General's letter disapproving proposed rules as beyond the authority of the board and based upon an excessive delegation of legislative authority, the conditions of this section are not necessarily met. State ex rel. Neb. Nurses Assn. v. State Board of Nursing, 205 Neb. 792, 290 N.W.2d 453 (1980).
2023 Nebraska Revised Statutes › Chapter 84 - State Officers › 84-216 - State agency; failure or refusal to implement statute; action by Attorney General; when; costs.

84-216.
State agency; failure or refusal to implement statute; action by Attorney General; when; costs.
When the Attorney General determines, after such investigation as shall be necessary, that any agency of state government charged with the implementation of any act of the Legislature is failing or refusing to implement such act, he shall notify the agency head by letter of such determination. If, within ten working days of the receipt of such letter, it is not established to his satisfaction that steps to implement the act are being expeditiously taken, and there is no valid reason for failing to do so, such as a failure of an appropriation, the Attorney General shall file an action in the appropriate court to compel implementation. In any such action the department head or the agency head shall defend the action. The costs and a reasonable attorney's fee as fixed by the court shall be paid out of the appropriation to the department.
Source
Laws 1977, LB 46, § 2.
2023 Nebraska Revised Statutes › Chapter 84 - State Officers › 84-218 - Statewide model anonymous reporting protocol for health care providers.

84-218.
Statewide model anonymous reporting protocol for health care providers.
On or before July 1, 2019, the Attorney General shall develop and distribute a statewide model anonymous reporting protocol for use by health care providers as provided in section 28-902. Once developed, the statewide model anonymous reporting protocol shall be maintained by the Nebraska Commission on Law Enforcement and Criminal Justice.
Source
Laws 2018, LB1132, § 4.
2023 Nebraska Revised Statutes › Chapter 84 - State Officers › 84-219 - Department of Justice Revolving Fund; created; use; investment.

84-219.
Department of Justice Revolving Fund; created; use; investment.
There is hereby created the Department of Justice Revolving Fund. The fund shall be administered by the Attorney General and shall consist of funds received from other governmental agencies for the provision of legal services pursuant to agreements with the Department of Justice. Money in the fund shall be used to pay the salaries and related expenses of department staff pursuant to the terms of such agreements.
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 1994, LB 1194, § 12;
Laws 1995, LB 7, § 144.
Cross References
Nebraska Capital Expansion Act, see section 72-1269.
Nebraska State Funds Investment Act, see section 72-1260.