reglab/statecodes huggingface dataset:
2023 Nebraska Revised Statutes › Chapter 37 - Game and Parks › 37-12,102 - State or local law enforcement agency; powers and duties.

37-12,102.
State or local law enforcement agency; powers and duties.
A state or local law enforcement agency which has custody of a motorboat for investigatory purposes and has no further need to keep it in custody shall send a certified letter to each of the last-registered owners stating that the motorboat is in the custody of the law enforcement agency, that the motorboat is no longer needed for law enforcement purposes, and that after thirty days the agency will dispose of the motorboat. This section shall not apply to a motorboat subject to forfeiture under section 28-431. No storage fees shall be assessed against the registered owner of a motorboat held in custody for investigatory purposes under this section unless the registered owner or the person in possession of the motorboat when it is taken into custody is charged with a felony or misdemeanor related to the offense for which the law enforcement agency took the motorboat into custody. If a registered owner or the person in possession of the motorboat when it is taken into custody is charged with a felony or misdemeanor but is not convicted, the registered owner shall be entitled to a refund of the storage fees.
Source
Laws 2004, LB 560, § 15.
2023 Nebraska Revised Statutes › Chapter 37 - Game and Parks › 37-12,103 - Custody; who entitled.

37-12,103.
Custody; who entitled.
If a state agency caused an abandoned motorboat described in subdivision (1)(d) of section 37-1299 to be removed from public property, the state agency shall be entitled to custody of the motorboat. If a state agency caused an abandoned motorboat described in subdivision (1)(a), (b), or (c) of section 37-1299 to be removed from public property, the state agency shall deliver the motorboat to the local authority which shall have custody. The local authority entitled to custody of an abandoned motorboat shall be the county in which the motorboat was abandoned or, if abandoned in a city or village, the city or village in which the motorboat was abandoned.
Source
Laws 2004, LB 560, § 16.
2023 Nebraska Revised Statutes › Chapter 37 - Game and Parks › 37-12,104 - Proceeds of sale; disposition.

37-12,104.
Proceeds of sale; disposition.
Any proceeds from the sale of an abandoned motorboat less any expenses incurred by the local authority or state agency shall be held by the local authority or state agency, without interest, for the benefit of the owner or lienholders of such motorboat for a period of two years. If not claimed within such two-year period, the proceeds shall be paid into the general fund of the local authority entitled to custody under section 37-12,103 or the General Fund if a state agency is entitled to custody under section 37-12,103.
Source
Laws 2004, LB 560, § 17.
2023 Nebraska Revised Statutes › Chapter 37 - Game and Parks › 37-12,105 - Liability for removal.

37-12,105.
Liability for removal.
Neither the owner, lessee, nor occupant of the premises from which any abandoned motorboat is removed, nor the state, city, village, or county, shall be liable for any loss or damage to such motorboat which occurs during its removal or while in the possession of the state, city, village, or county or its contractual agent or as a result of any subsequent disposition.
Source
Laws 2004, LB 560, § 18.
2023 Nebraska Revised Statutes › Chapter 37 - Game and Parks › 37-12,106 - Person cannot abandon a motorboat.

37-12,106.
Person cannot abandon a motorboat.
No person shall cause any motorboat to be abandoned as described in subdivision (1)(a), (b), or (c) of section 37-1299.
Source
Laws 2004, LB 560, § 19.
2023 Nebraska Revised Statutes › Chapter 37 - Game and Parks › 37-12,107 - Destroy, deface, or remove parts; unlawful; exception; violation; penalty.

37-12,107.
Destroy, deface, or remove parts; unlawful; exception; violation; penalty.
No person other than one authorized by the appropriate local authority or state agency shall destroy, deface, or remove any part of a motorboat which is left unattended on a highway or other public place without a hull identification number affixed or which is abandoned. Anyone violating this section is guilty of a Class V misdemeanor.
Source
Laws 2004, LB 560, § 20.
2023 Nebraska Revised Statutes › Chapter 37 - Game and Parks › 37-12,108 - Costs of removal and storage; last-registered owner; liable.

37-12,108.
Costs of removal and storage; last-registered owner; liable.
The last-registered owner of an abandoned motorboat shall be liable to the local authority or state agency for the costs of removal and storage of such motorboat.
Source
Laws 2004, LB 560, § 21.
2023 Nebraska Revised Statutes › Chapter 37 - Game and Parks › 37-12,109 - Rules and regulations.

37-12,109.
Rules and regulations.
The Director of Motor Vehicles may adopt and promulgate rules and regulations providing for such forms and procedures as are necessary or desirable to effectuate sections 37-1299 to 37-12,110. Such rules and regulations may include procedures for the removal and disposition of hull identification numbers of abandoned motorboats, forms for local records for abandoned motorboats, and inquiries relating to ownership of such motorboats.
Source
Laws 2004, LB 560, § 22.
2023 Nebraska Revised Statutes › Chapter 37 - Game and Parks › 37-1302 - Terms, defined.

37-1302.
Terms, defined.
For purposes of the Nebraska Shooting Range Protection Act:
(1) Firearm has the same meaning as in section 28-1201;
(2) Person means an individual, association, proprietorship, partnership, corporation, club, political subdivision, or other legal entity;
(3) Shooting range means an area or facility designated or operated primarily for the use of firearms or archery and which is operated in compliance with the act and the shooting range performance standards. Shooting range excludes shooting preserves or areas used for law enforcement or military training; and
(4) Shooting range performance standards means the revised edition of the National Rifle Association's range source book titled A Guide To Planning And Construction adopted by the National Rifle Association, as such book existed on January 1, 2009, for the safe operation of shooting ranges.
Source
Laws 2009, LB503, § 2.
2023 Nebraska Revised Statutes › Chapter 37 - Game and Parks › 37-1303 - Rules and regulations; shooting range performance standards; review.

37-1303.
Rules and regulations; shooting range performance standards; review.
(1) The Game and Parks Commission shall adopt and promulgate as rules and regulations the shooting range performance standards.
(2) The commission shall review the shooting range performance standards at least once every five years and revise them if necessary for the continuing safe operation of shooting ranges.
Source
Laws 2009, LB503, § 3.
2023 Nebraska Revised Statutes › Chapter 37 - Game and Parks › 37-1304 - Existing shooting range; effect of zoning provisions.

37-1304.
Existing shooting range; effect of zoning provisions.
Any shooting range that is existing and lawful may continue to operate as a shooting range notwithstanding, and without regard to, any law, rule, regulation, ordinance, or resolution related to zoning enacted thereafter by a city, county, village, or other political subdivision of the state, if operated in compliance with the shooting range performance standards.
Source
Laws 2009, LB503, § 4.
2023 Nebraska Revised Statutes › Chapter 37 - Game and Parks › 37-1305 - Existing shooting range; effect of noise provisions.

37-1305.
Existing shooting range; effect of noise provisions.
Any shooting range that is existing and lawful may continue to operate as a shooting range notwithstanding, and without regard to, any law, rule, regulation, ordinance, or resolution related to noise enacted thereafter by any city, county, village, or other political subdivision of the state, except as provided in section 37-1308, if operated in compliance with the shooting range performance standards.
Source
Laws 2009, LB503, § 5.
2023 Nebraska Revised Statutes › Chapter 37 - Game and Parks › 37-1306 - Discharge of firearm at shooting range; how treated.

37-1306.
Discharge of firearm at shooting range; how treated.
No law, rule, regulation, ordinance, or resolution relating to the discharge of a firearm at a shooting range with respect to any shooting range existing and lawful shall be enforced by any city, county, village, or other political subdivision, except as provided in section 37-1308, if operated in compliance with the shooting range performance standards.
Source
Laws 2009, LB503, § 6.
2023 Nebraska Revised Statutes › Chapter 37 - Game and Parks › 37-1307 - Existing shooting range; permitted activities.

37-1307.
Existing shooting range; permitted activities.
A shooting range that is existing and lawful shall be permitted to do any of the following if done in compliance with the shooting range performance standards and generally applicable building and safety codes:
(1) Repair, remodel, or reinforce any improvement or facilities or building or structure as may be necessary in the interest of public safety or to secure the continued use of the building or improvement;
(2) Reconstruct, repair, rebuild, or resume the use of a facility or building; or
(3) Do anything authorized under generally recognized operation practices, including, but not limited to:
(a) Expand or enhance its membership or opportunities for public participation; and
(b) Expand or increase facilities or activities within the existing range area.
Source
Laws 2009, LB503, § 7.
2023 Nebraska Revised Statutes › Chapter 37 - Game and Parks › 37-1308 - Hours of operation.

37-1308.
Hours of operation.
A city, county, village, or other political subdivision of the state may limit the hours between 10:00 p.m. and 7:00 a.m. that an outdoor shooting range may operate.
Source
Laws 2009, LB503, § 8.
2023 Nebraska Revised Statutes › Chapter 37 - Game and Parks › 37-1309 - Presumption with respect to noise.

37-1309.
Presumption with respect to noise.
A person who is shooting in compliance with the shooting range performance standards at a shooting range between the hours of 7:00 a.m. and 10:00 p.m. is presumed not to be engaging in unlawful conduct merely because of the noise caused by the shooting.
Source
Laws 2009, LB503, § 9.
2023 Nebraska Revised Statutes › Chapter 37 - Game and Parks › 37-1310 - Regulation of location and construction; limit on taking of property.

37-1310.
Regulation of location and construction; limit on taking of property.
(1) Except as otherwise provided in the Nebraska Shooting Range Protection Act, the act does not prohibit a city, county, village, or other political subdivision of the state from regulating the location and construction of a shooting range.
(2) A person, the state, or any city, county, village, or other political subdivision of the state shall not take title to property which has a shooting range by condemnation, eminent domain, or similar process when the proposed use of the property would be for shooting-related activities or recreational activities or for private commercial development. This subsection does not limit the exercise of eminent domain or easement necessary for infrastructure additions or improvements, such as highways, waterways, or utilities.
Source
Laws 2009, LB503, § 10.
2023 Nebraska Revised Statutes › Chapter 37 - Game and Parks › 37-1401 - Legislative findings.

37-1401.
Legislative findings.
The Legislature finds that:
(1) The land, water, and other resources of Nebraska are being severely impacted by the invasion of an increasing number of harmful invasive species;
(2) These impacts are resulting in damage to Nebraska's environment and causing economic hardships; and
(3) The multitude of public and private organizations with an interest in controlling and preventing the spread of harmful invasive species in Nebraska need a mechanism for cooperation, communication, collaboration, and developing a statewide plan of action to meet these threats.
Source
Laws 2012, LB391, § 11.
2023 Nebraska Revised Statutes › Chapter 37 - Game and Parks › 37-1402 - Invasive species, defined.

37-1402.
Invasive species, defined.
For purposes of sections 37-1401 to 37-1406, invasive species means aquatic or terrestrial organisms not native to the region that cause economic or biological harm and are capable of spreading to new areas, and invasive species does not include livestock as defined in sections 54-1902 and 54-2921, honey bees, domestic pets, intentionally planted agronomic crops, or nonnative organisms that do not cause economic or biological harm.
Source
Laws 2012, LB391, § 12;
Laws 2020, LB344, § 63.
2023 Nebraska Revised Statutes › Chapter 37 - Game and Parks › 37-1403 - Nebraska Invasive Species Council; created; members; expenses; Game and Parks Commission; rules and regulations; meetings.

37-1403.
Nebraska Invasive Species Council; created; members; expenses; Game and Parks Commission; rules and regulations; meetings.
(1) The Nebraska Invasive Species Council is created. Members of the council shall serve without compensation and shall not be reimbursed for expenses associated with their service on the council. The Game and Parks Commission shall provide administrative support to the council to carry out the council's duties, and the commission may adopt and promulgate rules and regulations to carry out sections 37-1401 to 37-1406.
(2) Voting members of the council shall be appointed by the Governor and shall include a representative of:
(a) An electric generating utility;
(b) The Department of Agriculture;
(c) The Game and Parks Commission;
(d) The Nebraska Forest Service of the University of Nebraska Institute of Agriculture and Natural Resources;
(e) The University of Nebraska-Lincoln;
(f) The Nebraska Cooperative Fish and Wildlife Research Unit of the University of Nebraska;
(g) The Nebraska Weed Control Association; and
(h) The Nebraska Association of Resources Districts.
(3) Voting members of the council shall also include up to five members at large appointed by the Governor who shall represent public interests, at least three of which shall represent agricultural land owner interests.
(4) Nonvoting, ex officio members of the council shall include a representative of:
(a) The Midwest Region of the National Park Service of the United States Department of the Interior;
(b) The Animal and Plant Health Inspection Service of the United States Department of Agriculture;
(c) The Natural Resources Conservation Service of the United States Department of Agriculture;
(d) The United States Geological Survey; and
(e) The Nature Conservancy, Nebraska Field Office.
(5) The council may seek additional advisory support from representatives of relevant federal, state, or local agencies as it deems necessary to accomplish its duties.
(6) The council shall select a chairperson from among its members. The council shall meet at the call of the chairperson or upon the request of a majority of the members.
Source
Laws 2012, LB391, § 13.
2023 Nebraska Revised Statutes › Chapter 37 - Game and Parks › 37-1404 - Nebraska Invasive Species Council; duties.

37-1404.
Nebraska Invasive Species Council; duties.
The Nebraska Invasive Species Council shall:
(1) Recommend action to minimize the effects of harmful invasive species on Nebraska's citizens in order to promote the economic and environmental well-being of the state;
(2) Develop and periodically update a statewide adaptive management plan for invasive species as described in section 37-1405;
(3) Serve as a forum for discussion, identification, and understanding of invasive species issues;
(4) Facilitate the communication, cooperation, and coordination of local, state, federal, private, and nongovernmental entities for the prevention, control, and management of invasive species;
(5) Assist with public outreach and awareness of invasive species issues; and
(6) Provide information to the Legislature for decision making, planning, and coordination of invasive species management and prevention.
Source
Laws 2012, LB391, § 14.
2023 Nebraska Revised Statutes › Chapter 37 - Game and Parks › 37-1405 - Adaptive management plan; contents.

37-1405.
Adaptive management plan; contents.
The adaptive management plan required under section 37-1404 will address the following:
(1) Statewide coordination and intergovernmental cooperation;
(2) Prioritization of invasive species response and management;
(3) Early detection and prevention of new invasive species through deliberate or unintentional introduction;
(4) Inventory and monitoring of invasive species;
(5) Identification of research and information gaps;
(6) Public outreach and education;
(7) Identification of funding and resources available for invasive species prevention, control, and management; and
(8) Recommendations for legislation regarding invasive species issues.
Source
Laws 2012, LB391, § 15.
2023 Nebraska Revised Statutes › Chapter 37 - Game and Parks › 37-1406 - Adaptive management plan; completion; update; Nebraska Invasive Species Council; reports; subcommittees.

37-1406.
Adaptive management plan; completion; update; Nebraska Invasive Species Council; reports; subcommittees.
(1) The adaptive management plan required under section 37-1404 shall be updated at least once every three years following its initial development. The plan shall be submitted to the Governor and the Agriculture Committee of the Legislature. The plan submitted to the committee shall be submitted electronically.
(2) The Nebraska Invasive Species Council shall submit an annual report of its activities to the Governor and the Agriculture Committee of the Legislature by December 15 of each year. The annual report shall include an evaluation of progress made in the preceding year. The report submitted to the committee shall be submitted electronically.
(3) The council shall complete the initial adaptive management plan within three years after April 6, 2012.
(4) Prior to the start of the 2015 legislative session, the council shall submit electronically a report to the Agriculture Committee of the Legislature that makes recommendations as to the extension or modification of the council.
(5) The council may establish advisory and technical subcommittees that the council considers necessary to aid and advise it in the performance of its functions.
Source
Laws 2012, LB391, § 16;
Laws 2013, LB222, § 5.
2023 Nebraska Revised Statutes › Chapter 37 - Game and Parks › 37-1501 - Purpose of sections.

37-1501.
Purpose of sections.
The purpose of sections 37-1501 to 37-1510 is to establish procedures for the administration of a deer donation program and to encourage hunters to harvest deer to donate to a program to feed residents of Nebraska who are in need.
Source
Laws 2012, LB928, § 5.
2023 Nebraska Revised Statutes › Chapter 37 - Game and Parks › 37-1502 - Terms, defined.

37-1502.
Terms, defined.
For purposes of sections 37-1501 to 37-1510:
(1) Deer means any wild deer legally taken in Nebraska and deer confiscated as legal evidence if the confiscated carcass is considered by a conservation officer to be in good condition for donation under the program;
(2) Field dressed means properly bled and cleaned of the internal organs;
(3) Meat processor means any business that is licensed to process meat for retail customers by the Department of Agriculture, the United States Department of Agriculture, or a neighboring state's department that is similar to Nebraska's; and
(4) Program means the deer donation program established pursuant to sections 37-1501 to 37-1510.
Source
Laws 2012, LB928, § 6.
2023 Nebraska Revised Statutes › Chapter 37 - Game and Parks › 37-1503 - Deer covered by program.

37-1503.
Deer covered by program.
Deer is the only species of wildlife covered by the program. To be accepted, the entire field-dressed deer carcass shall be donated, but the hunter may keep the antlers, head, and cape.
Source
Laws 2012, LB928, § 7.
2023 Nebraska Revised Statutes › Chapter 37 - Game and Parks › 37-1504 - Applicant for permit; option to contribute to fund.

37-1504.
Applicant for permit; option to contribute to fund.
On or before July 1, 2012, the commission shall provide each applicant the option on the application for any type of hunting permit authorizing the taking of deer to indicate that the applicant may designate an amount in addition to the permit fee to be credited to the Hunters Helping the Hungry Cash Fund.
Source
Laws 2012, LB928, § 8.
2023 Nebraska Revised Statutes › Chapter 37 - Game and Parks › 37-1505 - Commission; duties; rules and regulations.

37-1505.
Commission; duties; rules and regulations.
(1) The commission shall set a fair market price for the processing cost of deer donated to the program. To set a fair market price, the commission shall consider prices for similar deer processing services paid by retail customers in Nebraska and nearby states and shall establish an annual per-deer processing payment to be made to meat processors to the extent that money is available in the Hunters Helping the Hungry Cash Fund.
(2) The commission shall adopt and promulgate rules and regulations necessary to carry out the program.
Source
Laws 2012, LB928, § 9.
2023 Nebraska Revised Statutes › Chapter 37 - Game and Parks › 37-1506 - Commission; promote program.

37-1506.
Commission; promote program.
The commission shall promote the harvesting of deer by hunters and the donation of deer at meat processors participating in the program to the extent that money is available in the Hunters Helping the Hungry Cash Fund.
Source
Laws 2012, LB928, § 10.
2023 Nebraska Revised Statutes › Chapter 37 - Game and Parks › 37-1507 - Commission; meat processors; contracts authorized; duties.

37-1507.
Commission; meat processors; contracts authorized; duties.
The commission may enlist as many meat processors as available to participate in the program and shall enter into contracts with meat processors as described in section 37-1508 subject to available funding in the Hunters Helping the Hungry Cash Fund. The commission shall provide forms for donation of deer by hunters and posters for meat processors to advertise their participation. The commission shall provide informational and promotional materials to meat processors regarding the program.
Source
Laws 2012, LB928, § 11.
2023 Nebraska Revised Statutes › Chapter 37 - Game and Parks › 37-1508 - Meat processor; participation; annual contract; record required; payment; liability.

37-1508.
Meat processor; participation; annual contract; record required; payment; liability.
(1) To participate in the program, each meat processor shall enter into an annual contract with the commission which details the meat processor's participation.
(2) Meat processors shall accept the entire field-dressed carcass of a donated deer according to the terms of their respective contracts with the commission and shall not assess any fees or costs to donors, recipients, or participants. Information from the donor is required for each donated deer and shall be submitted on forms provided by the commission. Payment shall not be made to a meat processor without this information.
(3) Meat processors shall accept a donated deer if the meat processor determines the venison is in acceptable condition.
(4) Prior to receiving payment, a meat processor shall be required to provide to the commission a record of each donated deer that includes information required by the commission. Payments shall be made to meat processors within forty-five days after submittal of a complete and accurate invoice according to the terms of their respective contracts with the commission.
(5) The commission shall not be liable for the safety, quality, or condition of deer accepted by meat processors or recipients or consumed by participants in the program.
Source
Laws 2012, LB928, § 12.
2023 Nebraska Revised Statutes › Chapter 37 - Game and Parks › 37-1509 - Commission; additional contracts authorized; matching grants.

37-1509.
Commission; additional contracts authorized; matching grants.
The commission, at its own discretion, may enter into contracts with other entities for purposes of executing or expanding the program. The commission may include the offer of matching grants to pay for deer processing to entities that acquire funding from sources other than the state to pay for expenses of the program.
Source
Laws 2012, LB928, § 13.
2023 Nebraska Revised Statutes › Chapter 37 - Game and Parks › 37-1510 - Hunters Helping the Hungry Cash Fund; created; use; investment.

37-1510.
Hunters Helping the Hungry Cash Fund; created; use; investment.
The Hunters Helping the Hungry Cash Fund is created. The fund shall include amounts designated for the fund pursuant to section 37-1504 and revenue received from gifts, grants, bequests, donations, other similar donation arrangements, or other contributions from public or private sources intended for the fund. The fund shall be administered by the commission to carry out the program. The annual expenditures from the fund shall be limited only by the available balance of the fund. The commission shall not be obligated to provide payments from the fund or pay any other expenses in excess of the available balance in the fund. 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 2012, LB928, § 14.
Cross References
Nebraska Capital Expansion Act, see section 72-1269.
Nebraska State Funds Investment Act, see section 72-1260.
2023 Nebraska Revised Statutes › Chapter 37 - Game and Parks › 37-1702 - Definitions, where found.

37-1702.
Definitions, where found.
For purposes of the State Park System Construction Alternatives Act, unless the context otherwise requires, the definitions found in sections 37-1703 to 37-1716 are used.
Source
Laws 2018, LB775, § 3.
2023 Nebraska Revised Statutes › Chapter 37 - Game and Parks › 37-1707 - Construction manager-general contractor contract, defined.

37-1707.
Construction manager-general contractor contract, defined.
Construction manager-general contractor contract means a contract which is subject to a qualification-based selection process between the commission and a construction manager to furnish preconstruction services during the design development phase of the project and, if an agreement can be reached which is satisfactory to the commission, construction services for the construction phase of the project.
Source
Laws 2018, LB775, § 8.
2023 Nebraska Revised Statutes › Chapter 37 - Game and Parks › 37-1709 - Design-build contract, defined.

37-1709.
Design-build contract, defined.
Design-build contract means a contract between the commission and a design-builder which is subject to a best value-based selection process to furnish (1) architectural, engineering, and related design services and (2) labor, materials, supplies, equipment, and construction services.
Source
Laws 2018, LB775, § 10.
2023 Nebraska Revised Statutes › Chapter 37 - Game and Parks › 37-1711 - Preconstruction services, defined.

37-1711.
Preconstruction services, defined.
Preconstruction services means all nonconstruction-related services that a construction manager performs in relation to the design of the project before execution of a contract for construction services. Preconstruction services includes, but is not limited to, cost estimating, value engineering studies, constructability reviews, delivery schedule assessments, and life-cycle analysis.
Source
Laws 2018, LB775, § 12.
2023 Nebraska Revised Statutes › Chapter 37 - Game and Parks › 37-1712 - Project performance criteria, defined.

37-1712.
Project performance criteria, defined.
Project performance criteria means the performance requirements of the project suitable to allow the design-builder to make a proposal. Performance requirements shall include, but are not limited to, the following, if required by the project: Capacity, durability, standards, ingress and egress requirements, description of the site, surveys, soil and environmental information concerning the site, material quality standards, design and milestone dates, site development requirements, compliance with applicable law, and other criteria for the intended use of the project.
Source
Laws 2018, LB775, § 13.
2023 Nebraska Revised Statutes › Chapter 37 - Game and Parks › 37-1713 - Proposal, defined.

37-1713.
Proposal, defined.
Proposal means an offer in response to a request for proposals (1) by a design-builder to enter into a design-build contract or (2) by a construction manager to enter into a construction manager-general contractor contract.
Source
Laws 2018, LB775, § 14.
2023 Nebraska Revised Statutes › Chapter 37 - Game and Parks › 37-1717 - Purpose.

37-1717.
Purpose.
The purpose of the State Park System Construction Alternatives Act is to provide the commission alternative methods of contracting for public projects for buildings in the state park system. The alternative methods of contracting shall be available to the commission for use on any project regardless of the funding source. Notwithstanding any other provision of state law to the contrary, the State Park System Construction Alternatives Act shall govern the design-build and construction manager-general contractor procurement process for the commission.
Source
Laws 2018, LB775, § 18.
2023 Nebraska Revised Statutes › Chapter 37 - Game and Parks › 37-1718 - Contracts authorized.

37-1718.
Contracts authorized.
The commission, in accordance with the State Park System Construction Alternatives Act, may solicit and execute a design-build contract or a construction manager-general contractor contract for a public project in the state park system.
Source
Laws 2018, LB775, § 19.
2023 Nebraska Revised Statutes › Chapter 37 - Game and Parks › 37-1719 - Architect; engineer; hiring authorized.

37-1719.
Architect; engineer; hiring authorized.
The commission may hire an architect licensed pursuant to the Engineers and Architects Regulation Act or an engineer licensed pursuant to the act to assist the commission with the development of project performance criteria and requests for proposals, with evaluation of proposals, with evaluation of the construction to determine adherence to the project performance criteria, and with any additional services requested by the commission to represent its interests in relation to a project. The procedures used to hire such person or organization shall comply with the Nebraska Consultants' Competitive Negotiation Act. The person or organization hired shall be ineligible to be included as a provider of other services in a proposal for the project for which he or she has been hired and shall not be employed by or have a financial or other interest in a design-builder or construction manager who will submit a proposal.
Source
Laws 2018, LB775, § 20.
Cross References
Engineers and Architects Regulation Act, see section 81-3401.
Nebraska Consultants' Competitive Negotiation Act, see section 81-1702.
2023 Nebraska Revised Statutes › Chapter 37 - Game and Parks › 37-1720 - Guidelines for entering into contracts.

37-1720.
Guidelines for entering into contracts.
The commission shall adopt guidelines for entering into a design-build contract or construction manager-general contractor contract. The guidelines shall include the following:
(1) Preparation and content of requests for qualifications;
(2) Preparation and content of requests for proposals;
(3) Qualification and short-listing of design-builders and construction managers. The guidelines shall provide that the commission will evaluate prospective design-builders and construction managers based on the information submitted to the commission in response to a request for qualifications and will select a short list of design-builders or construction managers who shall be considered qualified and eligible to respond to the request for proposals;
(4) Preparation and submittal of proposals;
(5) Procedures and standards for evaluating proposals;
(6) Procedures for negotiations between the commission and the design-builders or construction managers submitting proposals prior to the acceptance of a proposal if any such negotiations are contemplated; and
(7) Procedures for the evaluation of construction under a design-build contract to determine adherence to the project performance criteria.
Source
Laws 2018, LB775, § 21.
2023 Nebraska Revised Statutes › Chapter 37 - Game and Parks › 37-1721 - Process for selecting design-builder and entering into contract.

37-1721.
Process for selecting design-builder and entering into contract.
The process for selecting a design-builder and entering into a design-build contract shall be in accordance with sections 37-1722 to 37-1725.
Source
Laws 2018, LB775, § 22.
2023 Nebraska Revised Statutes › Chapter 37 - Game and Parks › 37-1722 - Request for qualifications; prequalify design-builders; publication in newspaper; short list.

37-1722.
Request for qualifications; prequalify design-builders; publication in newspaper; short list.
(1) The commission shall prepare a request for qualifications for design-build proposals and shall prequalify design-builders. The request for qualifications shall describe the project in sufficient detail to permit a design-builder to respond. The request for qualifications shall identify the maximum number of design-builders the commission will place on a short list as qualified and eligible to receive a request for proposals.
(2) A person or organization hired by the commission under section 37-1719 shall be ineligible to compete for a design-build contract on the same project for which the person or organization was hired.
(3) The request for qualifications shall be (a) published in a newspaper of statewide circulation at least thirty days prior to the deadline for receiving the request for qualifications and (b) sent by first-class mail to any design-builder upon request.
(4) The commission shall create a short list of qualified and eligible design-builders in accordance with the guidelines adopted pursuant to section 37-1720. The commission shall select at least two prospective design-builders, except that if only one design-builder has responded to the request for qualifications, the commission may, in its discretion, proceed or cancel the procurement. The request for proposals shall be sent only to the design-builders placed on the short list.
Source
Laws 2018, LB775, § 23.
2023 Nebraska Revised Statutes › Chapter 37 - Game and Parks › 37-1724 - Stipend.

37-1724.
Stipend.
The commission shall pay a stipend to qualified design-builders that submit responsive proposals but are not selected. Payment of the stipend shall give the commission ownership of the intellectual property contained in the proposals and alternative technical concepts. The amount of the stipend shall be at the discretion of the commission. The refusal to pay or accept the stipend shall leave the intellectual property contained in the proposals and alternative technical concepts in the possession of the creator of the proposals and alternative technical concepts.
Source
Laws 2018, LB775, § 25.
2023 Nebraska Revised Statutes › Chapter 37 - Game and Parks › 37-1725 - Alternative technical concepts; evaluation of proposals; commission; power to negotiate.

37-1725.
Alternative technical concepts; evaluation of proposals; commission; power to negotiate.
(1) Design-builders shall submit proposals as required by the request for proposals. The commission may meet with individual design-builders prior to the time of submitting the proposal and may have discussions concerning alternative technical concepts. If an alternative technical concept provides a solution that is equal to or better than the requirements in the request for proposals and the alternative technical concept is acceptable to the commission, it may be incorporated as part of the proposal by the design-builder. Notwithstanding any other provision of state law to the contrary, alternative technical concepts shall be confidential and not disclosed to other design-builders or members of the public from the time the proposals are submitted until such proposals are opened by the commission.
(2) Proposals shall be sealed and shall not be opened until expiration of the time established for making the proposals as set forth in the request for proposals.
(3) Proposals may be withdrawn at any time prior to the opening of such proposals in which case no stipend shall be paid. The commission shall have the right to reject any and all proposals at no cost to the commission other than any stipend for design-builders who have submitted responsive proposals. The commission may thereafter solicit new proposals using the same or different project performance criteria or may cancel the design-build solicitation.
(4) The commission shall rank the design-builders in order of best value pursuant to the criteria in the request for proposals. The commission may meet with design-builders prior to ranking.
(5) The commission may attempt to negotiate a design-build contract with the highest ranked design-builder selected by the commission and may enter into a design-build contract after negotiations. If the commission is unable to negotiate a satisfactory design-build contract with the highest ranked design-builder, the commission may terminate negotiations with that design-builder. The commission may then undertake negotiations with the second highest ranked design-builder and may enter into a design-build contract after negotiations. If the commission is unable to negotiate a satisfactory contract with the second highest ranked design-builder, the commission may undertake negotiations with the third highest ranked design-builder, if any, and may enter into a design-build contract after negotiations.
(6) If the commission is unable to negotiate a satisfactory contract with any of the ranked design-builders, the commission may either revise the request for proposals and solicit new proposals or cancel the design-build process under the State Park System Construction Alternatives Act.
Source
Laws 2018, LB775, § 26.
2023 Nebraska Revised Statutes › Chapter 37 - Game and Parks › 37-1726 - Process for selection of construction manager and entering into construction manager-general contractor contract.

37-1726.
Process for selection of construction manager and entering into construction manager-general contractor contract.
(1) The process for selecting a construction manager and entering into a construction manager-general contractor contract shall be in accordance with this section and sections 37-1727 to 37-1729.
(2) The commission shall prepare a request for qualifications for construction manager-general contractor contract proposals and shall prequalify construction managers. The request for qualifications shall describe the project in sufficient detail to permit a construction manager to respond. The request for qualifications shall identify the maximum number of eligible construction managers the commission will place on a short list as qualified and eligible to receive a request for proposals.
(3) The request for qualifications shall be (a) published in a newspaper of statewide circulation at least thirty days prior to the deadline for receiving the request for qualifications and (b) sent by first-class mail to any construction manager upon request.
(4) The commission shall create a short list of qualified and eligible construction managers in accordance with the guidelines adopted pursuant to section 37-1720. The commission shall select at least two construction managers, except that if only one construction manager has responded to the request for qualifications, the commission may, in its discretion, proceed or cancel the procurement. The request for proposals shall be sent only to the construction managers placed on the short list.
Source
Laws 2018, LB775, § 27.
2023 Nebraska Revised Statutes › Chapter 37 - Game and Parks › 37-1727 - Construction manager-general contractor contract; request for proposals; contents.

37-1727.
Construction manager-general contractor contract; request for proposals; contents.
The commission shall prepare a request for proposals for each construction manager-general contractor contract. The request for proposals shall contain, at a minimum, the following elements:
(1) The guidelines adopted by the commission in accordance with section 37-1720. The identification of a publicly accessible location of the guidelines, either physical or electronic, shall be considered compliance with this subdivision;
(2) The proposed terms and conditions of the contract, including any terms and conditions which are subject to further negotiation;
(3) Any bonding and insurance required by law or as may be additionally required by the commission;
(4) General information about the project which will assist the commission in its selection of the construction manager, including a project statement which contains information about the scope and nature of the project, the project site, the schedule, and the estimated budget;
(5) The criteria for evaluation of proposals and the relative weight of each criterion;
(6) A statement that the construction manager shall not be allowed to sublet, assign, or otherwise dispose of any portion of the contract without consent of the commission. In no case shall the commission allow the construction manager to sublet more than seventy percent of the work, excluding specialty items; and
(7) Other information or requirements which the commission, in its discretion, chooses to include in the request for proposals.
Source
Laws 2018, LB775, § 28.
2023 Nebraska Revised Statutes › Chapter 37 - Game and Parks › 37-1728 - Submission of proposals; procedure; evaluation of proposals; commission; power to negotiate.

37-1728.
Submission of proposals; procedure; evaluation of proposals; commission; power to negotiate.
(1) Construction managers shall submit proposals as required by the request for proposals.
(2) Proposals shall be sealed and shall not be opened until expiration of the time established for making the proposals as set forth in the request for proposals.
(3) Proposals may be withdrawn at any time prior to signing a contract for preconstruction services. The commission shall have the right to reject any and all proposals at no cost to the commission. The commission may thereafter solicit new proposals or may cancel the construction manager-general contractor procurement process.
(4) The commission shall rank the construction managers in accordance with the qualification-based selection process and pursuant to the criteria in the request for proposals. The commission may meet with construction managers prior to the ranking.
(5) The commission may attempt to negotiate a contract for preconstruction services with the highest ranked construction manager and may enter into a contract for preconstruction services after negotiations. If the commission is unable to negotiate a satisfactory contract for preconstruction services with the highest ranked construction manager, the commission may terminate negotiations with that construction manager. The commission may then undertake negotiations with the second highest ranked construction manager and may enter into a contract for preconstruction services after negotiations. If the commission is unable to negotiate a satisfactory contract with the second highest ranked construction manager, the commission may undertake negotiations with the third highest ranked construction manager, if any, and may enter into a contract for preconstruction services after negotiations.
(6) If the commission is unable to negotiate a satisfactory contract for preconstruction services with any of the ranked construction managers, the commission may either revise the request for proposals and solicit new proposals or cancel the construction manager-general contractor contract process under the State Park System Construction Alternatives Act.
Source
Laws 2018, LB775, § 29.
2023 Nebraska Revised Statutes › Chapter 37 - Game and Parks › 37-1729 - Commission; duties; powers.

37-1729.
Commission; duties; powers.
(1) Before the construction manager begins any construction services, the commission shall:
(a) Conduct an independent cost estimate for the project; and
(b) Conduct contract negotiations with the construction manager to develop a construction manager-general contractor contract for construction services.
(2) If the construction manager and the commission are unable to negotiate a contract, the commission may use other contract procurement processes as provided by law. Persons or organizations who submitted proposals but were unable to negotiate a contract with the commission shall be eligible to compete in the other contract procurement processes.
Source
Laws 2018, LB775, § 30.
2023 Nebraska Revised Statutes › Chapter 37 - Game and Parks › 37-1730 - Contract changes authorized.

37-1730.
Contract changes authorized.
A design-build contract and a construction manager-general contractor contract may be conditioned upon later refinements in scope and price and may permit the commission in agreement with the design-builder or construction manager to make changes in the project without invalidating the contract.
Source
Laws 2018, LB775, § 31.
2023 Nebraska Revised Statutes › Chapter 37 - Game and Parks › 37-1803 - Act; purposes; Game and Parks Commission; powers; legislative intent; contracts; conflict-of-interest provisions.

37-1803.
Act; purposes; Game and Parks Commission; powers; legislative intent; contracts; conflict-of-interest provisions.
(1) The purposes of the Water Recreation Enhancement Act are to administer and carry out the following projects:
(a) Marina construction projects to expand water access and recreational opportunities at Lake McConaughy and the Lewis and Clark State Recreation Area; and
(b) A project to increase access to and the enjoyment of Niobrara State Park through the construction of an event center and lodge.
(2) The Game and Parks Commission is granted all power necessary to carry out the purposes of the Water Recreation Enhancement Act, including, but not limited to, the power to:
(a) Enter into contracts, including, but not limited to, contracts relating to the provision of construction services, management services, legal services, auditor services, and other consulting services or advice as the commission may require in the performance of its duties; and
(b) Enter into public-private partnerships to carry out the purposes of the act.
(3) It is the intent of the Legislature that the Game and Parks Commission engage local stakeholders as the commission carries out the projects authorized in this section.
(4) It is also the intent of the Legislature to encourage political subdivisions that hold a Federal Energy Regulatory Commission license and that own land in and around the projects authorized in this section to enter into contracts with public and private entities for the use, lease, and purchase of such land whenever possible in order to increase economic development and recreational opportunities, particularly when covenants, easements, and other instruments can ensure such economic development complies with the rules and regulations of the Federal Energy Regulatory Commission.
(5) No member of the Game and Parks Commission or any employee of the commission shall have a financial interest, either personally or through an immediate family member, in any purchase, sale, or lease of real property relating to a project authorized in this section or in any contract entered into by the commission relating to a project authorized in this section. For purposes of this subsection, immediate family member means a spouse, child, sibling, parent, grandparent, or grandchild.
Source
Laws 2022, LB1023, § 7.