reglab/statecodes huggingface dataset:
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-3454 - Technical submissions by professional engineer; affix seal and signature; conditions.

81-3454.
Technical submissions by professional engineer; affix seal and signature; conditions.
(1) A professional engineer shall not affix his or her seal and signature to technical submissions that are subject to the Engineers and Architects Regulation Act unless the technical submissions were:
(a) Prepared entirely by the professional engineer;
(b) Prepared entirely under the direct supervision of the professional engineer; or
(c) Prepared partially by others if the professional engineer has reviewed and integrated the work into his or her own technical submissions.
(2) A professional engineer may affix his or her seal to technical submissions not subject to the act if the professional engineer has reviewed or adapted in whole or in part such submissions and integrated them into his or her work.
Source
Laws 1997, LB 622, § 54;
Laws 2013, LB7, § 4;
Laws 2015, LB23, § 49.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-3455 - Act, how construed.

81-3455.
Act, how construed.
The Legislature declares that the Engineers and Architects Regulation Act is necessary for the public convenience and welfare, is remedial in nature, and shall be construed liberally. Nothing in the act shall be construed to establish a statewide building code.
Source
Laws 1997, LB 622, § 55.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-3501 - Act, how cited.

81-3501.
Act, how cited.
Sections 81-3501 to 81-3541 shall be known and may be cited as the Geologists Regulation Act.
Source
Laws 1998, LB 1161, § 49;
Laws 2004, LB 890, § 1.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-3502 - Geology; regulation; prohibited acts.

81-3502.
Geology; regulation; prohibited acts.
In order to safeguard life, health, and property and to promote the public welfare, the profession of geology is declared to be subject to regulation in the public interest. It is unlawful for any person to (1) practice or offer to practice geology in this state, (2) use in connection with his or her name or otherwise assume the title professional geologist, or (3) advertise any title or description tending to convey the impression that he or she is a licensed geologist, unless the person is duly licensed or exempt from licensure under the Geologists Regulation Act. The practice of geology and use of the title geologist is a privilege granted by the state.
Source
Laws 1998, LB 1161, § 50.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-3503 - Definitions, where found.

81-3503.
Definitions, where found.
For purposes of the Geologists Regulation Act, the definitions found in sections 81-3504 to 81-3519 shall be used.
Source
Laws 1998, LB 1161, § 51;
Laws 2004, LB 890, § 2.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-3505 - Consulting geologist, defined.

81-3505.
Consulting geologist, defined.
Consulting geologist means a professional geologist whose principal occupation is the independent practice of geology; whose livelihood is obtained by offering geologic services to the public; who serves clients as an independent fiduciary; who is devoid of public, commercial, and product affiliation that might tend to imply a conflict of interest; and who is cognizant of his or her public and legal responsibilities and is capable of discharging them.
Source
Laws 1998, LB 1161, § 53.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-3508 - Emeritus, referring to a geologist, defined.

81-3508.
Emeritus, referring to a geologist, defined.
Emeritus, referring to a geologist, means a professional who relinquishes or does not renew his or her licensure and who is approved by the board to receive publications and use the honorary title emeritus.
Source
Laws 1998, LB 1161, § 56.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-3509 - Geologist, defined.

81-3509.
Geologist, defined.
Geologist means a person who is qualified to practice geology by reason of special knowledge and use of the earth sciences and the principles of geology and geologic data collection and analysis acquired by geologic education and geologic experience as provided in section 81-3539.
Source
Laws 1998, LB 1161, § 57.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-3509.01 - Geologist-intern, defined.

81-3509.01.
Geologist-intern, defined.
Geologist-intern means a person who has passed an examination in the fundamentals of geology as provided in section 81-3540.
Source
Laws 2004, LB 890, § 3.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-3510 - Geology, defined.

81-3510.
Geology, defined.
Geology means the science which includes treatment of the earth and its origin and history, in general; investigation of the earth's constituent rocks, soils, minerals, solids, fluids including underground waters, gases, and other materials; the study of the natural agents, forces, and processes which cause changes in the earth or on its surface; and the application of this knowledge of the earth.
Source
Laws 1998, LB 1161, § 58.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-3511 - Geology specialty, defined.

81-3511.
Geology specialty, defined.
Geology specialty means a branch of geology which has been recognized for the purposes of licensure, including, but not limited to, environmental geology, engineering geology, geophysics, hydrogeology, petroleum geology, mining geology, and structural geology.
Source
Laws 1998, LB 1161, § 59.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-3512 - Good character, defined.

81-3512.
Good character, defined.
Good character means such character as will enable a person to discharge the fiduciary duties of a geologist to his or her client and to the public for the protection of the public health, safety, and welfare. Evidence of inability to discharge such duties includes the commission of an offense justifying discipline.
Source
Laws 1998, LB 1161, § 60.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-3513 - Occasional, part-time, or consulting services, defined.

81-3513.
Occasional, part-time, or consulting services, defined.
Occasional, part-time, or consulting services means services not provided by a full-time member of an organization engaged in geology.
Source
Laws 1998, LB 1161, § 61.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-3515 - Practice of geology, defined.

81-3515.
Practice of geology, defined.
Practice of geology means any service or creative work if the adequate performance of the service or work requires geologic education, training, and experience to include such services or creative work as geological consultation, investigation, planning, surveying, mapping, and inspection of geological work, and the responsible supervision thereof, the performance of which is related to public welfare or the safeguarding of life, health, property, and the environment, and teaching, including research and service, of advanced geological subjects. A person shall be construed to practice or offer to practice geology if he or she: (1) Practices any branch of the profession of geology; (2) by verbal claim, sign, advertisement, letterhead, or card or in any other way, represents himself or herself to be a professional geologist; (3) through the use of some other title, implies that he or she is licensed under the Geologists Regulation Act; or (4) holds himself or herself out as able to perform or does perform any geologic service or work recognized by the board as the practice of geology.
Source
Laws 1998, LB 1161, § 63.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-3517 - Registration (or licensure), defined.

81-3517.
Registration (or licensure), defined.
Registration (or licensure) means a certificate of registration (or licensure) issued by the board. For the purposes of the Geologists Regulation Act, license and registration have the same meaning.
Source
Laws 1998, LB 1161, § 65.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-3520 - Board of Geologists; created; membership; terms.

81-3520.
Board of Geologists; created; membership; terms.
(1) The Board of Geologists is created to administer the Geologists Regulation Act. The board may use any funds available to obtain suitable office space within Lincoln, Nebraska, for the board. The board shall consist of seven members appointed by the Governor for terms of five years each, ending on the last day of February. The members shall include one education member appointed pursuant to subsection (2) of this section and one public member. All members of the board shall be professional geologists with the exception of the one public member. Each member shall hold office after the expiration of his or her term until his or her successor is duly appointed and qualified. The length of the initial terms shall be staggered, as determined by the board. The Governor may remove any member of the board for misconduct, incompetency, or neglect of duty. Vacancies on the board, however created, shall be filled for the unexpired term by appointment by the Governor.
(2) The membership of the board shall include one education member who is licensed in geology and who is a member of the professional faculty of a geology or related geosciences department of a college or university located in Nebraska, recommended by the president of the respective college or university, and appointed by the Governor.
(3) The membership of the board shall include one public member appointed by the Governor. The appointment is for five years.
(4) The board may designate a former member of the board as an emeritus member. Emeritus member status, when conferred, must be renewed annually. The emeritus member shall be a nonvoting member.
Source
Laws 1998, LB 1161, § 68;
Laws 2013, LB91, § 1.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-3521 - Board; membership requirements; expenses.

81-3521.
Board; membership requirements; expenses.
Each member of the board shall be a citizen of the United States and a resident of the State of Nebraska for at least one year immediately preceding his or her appointment. Each professional member shall have been engaged in the active practice of geology for at least ten years, shall have had responsible charge of work for at least five years at the time of his or her appointment, and shall be licensed in geology. Each member of the board shall receive as compensation the same per diem and travel expenses as other state employees for each day actually spent in traveling to and from and while attending sessions of the board and its committees or authorized meetings of the National Association of State Boards of Geology, or its subdivisions or committees, and shall be reimbursed for expenses incident to the performance of his or her duties under the Geologists Regulation Act as provided in sections 81-1174 to 81-1177.
Source
Laws 1998, LB 1161, § 69;
Laws 2020, LB381, § 129.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-3522 - Board; certificate of appointment; Attorney General; duties; official seal; rules and regulations.

81-3522.
Board; certificate of appointment; Attorney General; duties; official seal; rules and regulations.
Each member of the board shall receive a certificate of appointment from the Governor and, before beginning the term of office, shall file with the Secretary of State the constitutional oath of office. The board or any committee of the board is entitled to the services of the Attorney General in connection with the affairs of the board, and the board may compel the attendance of witnesses, administer oaths, and take testimony and proofs concerning all matters within its jurisdiction. The Attorney General shall act as legal advisor to the board and render such legal assistance as may be necessary in carrying out the Geologists Regulation Act. The board may employ counsel and necessary assistance to aid in carrying out the act. The board shall adopt and have an official seal, which shall be affixed to all certificates of licensure granted, and shall adopt and promulgate rules and regulations to carry out the act.
Source
Laws 1998, LB 1161, § 70.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-3523 - Board; meetings; quorum.

81-3523.
Board; meetings; quorum.
The board shall hold at least one regular meeting each year. Special meetings shall be held as provided in the rules and regulations and at such places as the board elects. Notice of all meetings shall be given in such manner as provided in the rules and regulations. The board shall elect annually at its first meeting after March 1, from its members, a chairperson, vice-chairperson, and secretary. A quorum of the board shall consist of not less than five members.
Source
Laws 1998, LB 1161, § 71.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-3524 - Geologists Regulation Fund; created; use; investment.

81-3524.
Geologists Regulation Fund; created; use; investment.
The Geologists Regulation Fund is created. The secretary of the board shall receive and account for all money derived from the operation of the Geologists Regulation Act. The board shall remit the money to the State Treasurer for credit to the Geologists Regulation Fund, which shall be continued from year to year and shall be drawn against only as provided for in this section and, when reappropriated for the succeeding biennium, shall not revert to the General Fund. All expenses certified by the board as properly and necessarily incurred in the discharge of duties, including compensation and administrative staff, and any expense incident to the administration of the act relating to other states, shall be paid out of the fund. Warrants for the payment of expenses shall be issued by the Director of Administrative Services and paid by the State Treasurer upon presentation of vouchers regularly drawn by the chairperson and secretary of the board and approved by the board. At no time shall the total amount of warrants exceed the total amount of the fees collected under the act and to the credit of the fund. Transfers may be made from the fund to the General Fund at the direction of the Legislature. Any money in the Geologists Regulation 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 1998, LB 1161, § 72;
Laws 2009, First Spec. Sess., LB3, § 87.
Cross References
Nebraska Capital Expansion Act, see section 72-1269.
Nebraska State Funds Investment Act, see section 72-1260.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-3525 - Roster.

81-3525.
Roster.
The secretary of the board shall publish a complete roster showing the names and last-known addresses of all professional geologists at intervals as established by board rules and regulations. The secretary shall file the roster with the Secretary of State and may mail a copy to each person so licensed as well as county and municipal officials. The secretary may also sell or distribute copies of the roster to the public.
Source
Laws 1998, LB 1161, § 73.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-3526 - Code of practice; board; powers and duties.

81-3526.
Code of practice; board; powers and duties.
(1) The Legislature hereby finds and declares that a code of practice established by the board by which the members could govern their professional conduct would be beneficial to the state and would safeguard the life, health, and property of the citizens of this state.
(2) The code of practice established by this section shall include provisions on:
(a) Professional competence;
(b) Conflict of interest;
(c) Full disclosure of financial interest;
(d) Full disclosure of matters affecting public safety, health, and welfare;
(e) Compliance with laws;
(f) Professional conduct and good character standards; and
(g) Practice of geology.
(3) The board may establish such code of practice through rules and regulations adopted and promulgated by the board.
(4) The board may publish commentaries regarding the code of practice. Such commentaries shall explain the meaning of interpretations given to the code by the board.
(5) The board shall have the power to suspend or revoke a geologist's licensure for a violation of the code of practice.
Source
Laws 1998, LB 1161, § 74.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-3527 - Licensure; enrollment; application; fees.

81-3527.
Licensure; enrollment; application; fees.
(1) Application for licensure as a geologist or enrollment as a geologist-intern shall be made on a form prescribed and furnished by the board. If required pursuant to section 81-3539, the application shall contain statements made under oath showing the applicant's education and a detailed summary of technical experience and shall include the names and complete mailing addresses of the references, none of whom shall be members of the board. The board may accept the verified information contained in the National Association of State Boards of Geology for applicants in lieu of the same information that is required on the form prescribed and furnished by the board.
(2) Application, licensure, and enrollment fees shall be established by the board and shall accompany the application. Original and reciprocal fees shall not exceed three hundred dollars for licensure as a geologist and one hundred dollars for enrollment as a geologist-intern and shall be in addition to the examination fee which shall be set to recover the costs of the examination and its administration.
(3) The certificate of authorization fee for organizations shall be established by the board and shall accompany the application. The fee shall not exceed three hundred dollars per year.
(4) The fee for emeritus status shall be established by the board and shall accompany the application. The fee shall not exceed one hundred dollars per year.
(5) If the board denies the issuance of a certificate to any applicant, including the application of an organization for a certificate of authorization, the board shall retain the fee.
Source
Laws 1998, LB 1161, § 75;
Laws 2004, LB 890, § 4;
Laws 2013, LB91, § 2.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-3530 - Seal and signature; affixation; restrictions.

81-3530.
Seal and signature; affixation; restrictions.
(1) A professional geologist shall only affix his or her seal and signature when he or she was in responsible charge of the work.
(2) A professional geologist shall affix his or her seal and signature on geologic reports, documents, maps, plans, logs, and sections, or other public records offered to the public and prepared or issued by or under the direct supervision of the professional geologist.
Source
Laws 1998, LB 1161, § 89;
Laws 2013, LB91, § 5.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-3531 - Certificate of licensure; certificate of authorization; renewal; form; contents; notice; fee; continuing education; authorized.

81-3531.
Certificate of licensure; certificate of authorization; renewal; form; contents; notice; fee; continuing education; authorized.
(1) Certificates of licensure and certificates of authorization shall expire on a date established by the board and shall become invalid after that date unless renewed. The secretary of the board shall notify every person licensed under the Geologists Regulation Act and every organization holding a certificate of authorization under the act of the date of the expiration of the certificate of licensure or certificate of authorization and the amount of the fee required for renewal. The notice shall be mailed to the licensee or organization at the last-known address on file with the board at least one month in advance of the date of the expiration. Renewal may be effected at any time prior to or during the period established by the board upon application pursuant to this section and payment of a renewal fee. The fee shall not exceed two hundred dollars per year. Renewal of an expired certificate may be effected under rules and regulations of the board regarding requirements for reexamination and for penalty fees. The board may adopt a program of continuing education as a requirement for renewal for individual licensees.
(2) An applicant for renewal of a certificate of licensure shall apply on a form prescribed and furnished by the board. The application shall contain statements made under oath showing the applicant's fitness to maintain licensure, including felony convictions in any jurisdiction, convictions involving moral turpitude in any jurisdiction, and suspension or revocation of a professional license in any other jurisdiction. The board shall review the application for renewal. If the board takes no action, the license shall be renewed. The board may deny renewal if it determines the applicant does not meet the requirements for licensure or renewal.
Source
Laws 1998, LB 1161, § 78;
Laws 2013, LB91, § 6.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-3532 - Certificates; replacement; fee.

81-3532.
Certificates; replacement; fee.
A new certificate of licensure or certificate of authorization to replace any certificate lost, destroyed, or mutilated may be issued by the board. A fee not to exceed one hundred dollars shall be charged for each issuance.
Source
Laws 1998, LB 1161, § 79.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-3533 - Enforcement of act.

81-3533.
Enforcement of act.
The board shall enforce the Geologists Regulation Act and the rules and regulations, including enforcement against any unlicensed person. If any person refuses to obey any decision or order of the board, the board or, upon the request of the board, the Attorney General or the appropriate county attorney shall file an action for the enforcement of the decision or order, including injunctive relief, in the district court. After hearing, the court shall order enforcement of the decision or order, or any part thereof, if legally and properly made by the board and, if appropriate, injunctive relief.
Source
Laws 1998, LB 1161, § 80.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-3534 - Practice of geology; restrictions.

81-3534.
Practice of geology; restrictions.
Except as provided in sections 81-3539 to 81-3541, an individual shall not directly or indirectly engage in the practice of geology in the state or use the title Professional Geologist or display or use any words, letters, figures, titles, sign, card, advertisement, or other symbol or device indicating or tending to indicate that he or she is a geologist or is practicing geology unless he or she is licensed under the Geologists Regulation Act. A licensed geologist shall not aid or abet any person not licensed under the act in the practice of geology.
Source
Laws 1998, LB 1161, § 81.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-3535 - Prohibited acts; penalties.

81-3535.
Prohibited acts; penalties.
Any person who performs any of the following actions is guilty of a Class II misdemeanor for the first offense and a Class I misdemeanor for the second or any subsequent offense:
(1) Practices or offers to practice geology in this state without being licensed in accordance with the Geologists Regulation Act and is not exempted by sections 81-3539 to 81-3541;
(2) Knowingly and willfully employs or retains a person to practice geology in this state who is not licensed in accordance with the act and who is not exempted by sections 81-3539 to 81-3541;
(3) Uses the word Geologist, or any modification or derivative of such word, in its name or form of business activity except as authorized in the act;
(4) Presents or attempts to use the certificate of licensure or the seal of another person;
(5) Gives any false or forged evidence of any kind to the board or to any member of the board in obtaining or attempting to obtain a certificate of authorization;
(6) Falsely impersonates any other licensee of like or different name;
(7) Attempts to use an expired, suspended, revoked, or nonexistent certificate of licensure or practices or offers to practice when not qualified;
(8) Falsely claims that he or she is licensed or authorized under the act; or
(9) Violates any of the provisions of the act.
Source
Laws 1998, LB 1161, § 82.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-3536 - Violation of act; charges; board; duties; hearing.

81-3536.
Violation of act; charges; board; duties; hearing.
Charges against any person involving any matter coming within the jurisdiction of the board shall be in writing and shall be filed with the board. The charges, at the discretion of the board, shall be heard within a reasonable time in accordance with the rules and regulations which may include use of a hearing officer. The accused shall have the right to appear personally with or without counsel, to cross-examine adverse witnesses, and to produce evidence and witnesses in his or her defense. The board shall set the time and place for the hearing and shall cause a copy of the charges, together with a notice of the time and place fixed for the hearing, to be sent by registered mail to the accused, at his or her last-known business or residence address known to the board, at least thirty days before the hearing. If, after the hearing, the board finds the accused has violated the Geologists Regulation Act or any rules or regulations, it may issue any order described in section 81-3537. If the board finds no violation, it shall enter an order dismissing the charges. If the order revokes, suspends, or cancels a license, the board shall notify, in writing, the Secretary of State and the clerk of the city or village in the state where the person has a place of business, if any. The board may reissue a license to any person whose license has been revoked. Application for the reissuance of a license shall be made in such a manner as the board directs and shall be accompanied by a fee established by the board.
Source
Laws 1998, LB 1161, § 83.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-3537 - Violation of act; disciplinary action; penalties.

81-3537.
Violation of act; disciplinary action; penalties.
(1) The board may after hearing, by majority vote, take any or all of the following actions, upon proof satisfactory to the board that any person or organization has violated the Geologists Regulation Act or any rules or regulations adopted and promulgated pursuant to the act:
(a) Issuance of censure or reprimand;
(b) Suspension of judgment;
(c) Placement of the offender on probation with the board;
(d) Placement of a limitation or limitations on the holder of a license and upon the right of the holder of a license to practice the profession to such extent, scope, or type of practice for such time and under such conditions as are found necessary and proper;
(e) Imposition of a civil penalty not to exceed ten thousand dollars. The amount of the penalty shall be based on the severity of the violation;
(f) Entrance of an order of revocation, suspension, or cancellation of the certificate of licensure;
(g) Issuance of a cease and desist order;
(h) Imposition of costs as in an ordinary civil action in the district court, which may include attorney's fees and hearing officer fees incurred by the board and the expenses of any investigation undertaken by the board; or
(i) Dismissal of the action.
In hearings under this section, the board may take into account suitable evidence of reform.
(2) Civil penalties collected under subdivision (1)(e) of this section shall be remitted to the State Treasurer for distribution in accordance with Article VII, section 5, of the Constitution of Nebraska. All costs collected under subdivision (1)(h) of this section shall be remitted to the State Treasurer for credit to the Geologists Regulation Fund.
Source
Laws 1998, LB 1161, § 84;
Laws 2013, LB91, § 7.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-3540 - Geology examinations.

81-3540.
Geology examinations.
(1) The board or its agent shall direct the time and place of geology examinations. The board shall determine the acceptable grade on examinations.
(2) The examination shall be given in two sections as follows:
(a) A fundamentals of geology examination designed to test the academic preparation of the applicant in geology. At the board's discretion, the examination may be taken at any time following substantial completion of the applicant's educational requirements. Passing this examination qualifies the examinee for a geologist-intern enrollment card, if all other requirements for enrollment as a geologist-intern are met; and
(b) A principles and practice of geology examination designed to test the applicant's ability to apply geologic knowledge and to assume responsible charge of geologic work. The geologic practice examination may be taken only after the applicant has acquired the education and experience required for licensure as a geologist.
(3) A candidate failing one examination may apply for reexamination, which may be granted upon payment of a fee established by the board. In the event of a second failure, the examinee may, at the discretion of the board, be required to appear before the board with evidence of having acquired the necessary additional knowledge to qualify before admission to the examination.
(4) The board may prepare and adopt specifications for the examinations. The specifications shall be published and be available to any person interested in being licensed.
Source
Laws 1998, LB 1161, § 87;
Laws 2004, LB 890, § 7;
Laws 2013, LB91, § 9.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-3607 - Nebraska Development Network Program; created; Department of Economic Development; powers and duties.

81-3607.
Nebraska Development Network Program; created; Department of Economic Development; powers and duties.
The Nebraska Development Network Program is created in the Department of Economic Development. The department shall administer the program and may contract for services to carry out the purposes of the Nebraska Development Network Program.
Source
Laws 1998, LB 1053, § 7;
Laws 2003, LB 48, § 3;
Laws 2013, LB78, § 20.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-3608 - Nebraska Development Network Program; programs and strategies.

81-3608.
Nebraska Development Network Program; programs and strategies.
The Nebraska Development Network Program shall create and support community and regional development capacity enhancement programs and strategies throughout Nebraska that:
(1) Recognize shared local, regional, and state responsibility for shaping the community's and the region's economic future and generate and focus public and private resources on effective actions that help communities and businesses to grow and prosper;
(2) Encourage public-private partnerships in order to leverage and enhance public resources through private investment;
(3) Increase the resources directed toward economic development by building support within communities and assisting communities in planning their own economic futures by providing them with comprehensive information about the principles of community and economic development, including the concepts of entrepreneurial communities, strategic planning, leadership training, community development, and effective sustainable economic development; and
(4) Support the work of the Nebraska Development Network regional groups.
Source
Laws 1998, LB 1053, § 8;
Laws 2003, LB 48, § 3.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-3609 - Legislative findings.

81-3609.
Legislative findings.
The Legislature finds and declares:
(1) That it is a benefit to the state and in the best interest of the citizens of Nebraska to deliver economic and community development services in an integrated and coordinated system through increased community, state, and federal cooperation and collaboration;
(2) That the Partnership for Rural Nebraska is recognized as a strategic partnership between the State of Nebraska, the University of Nebraska, and the United States Department of Agriculture, the purpose of which is to provide a formal structure of organizational collaboration and delivery of rural economic and community development resources and programs to Nebraska's rural communities;
(3) That the Partnership for Rural Nebraska has earned national recognition as a model for cooperative and collaborative delivery of services; and
(4) That it encourages the continued participation of the State of Nebraska, through the Department of Economic Development and the University of Nebraska, in the Partnership for Rural Nebraska.
Source
Laws 1998, LB 1053, § 9;
Laws 2003, LB 48, § 3;
Laws 2013, LB78, § 21.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-3701 - Act, how cited.

81-3701.
Act, how cited.
Sections 81-3701 to 81-3730 shall be known and may be cited as the Nebraska Visitors Development Act.
Source
Laws 1980, LB 499, § 19;
Laws 1988, LB 797, § 10;
R.S.1943, (2008), § 81-1263;
Laws 2012, LB1053, § 1;
Laws 2015, LB449, § 10;
Laws 2017, LB222, § 1;
Laws 2018, LB945, § 23;
Laws 2019, LB637, § 1.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-3702 - Act; purposes.

81-3702.
Act; purposes.
The purposes of the Nebraska Visitors Development Act are (1) to create the Nebraska Tourism Commission to promote Nebraska as a tourism destination and to administer programs to attract an increasing number of visitors to Nebraska and further the use of travel and tourism facilities in Nebraska, (2) to provide for a lodging tax on hotels for the purpose of establishing a State Visitors Promotion Cash Fund, and (3) to authorize the governing body of any county to appoint a visitors committee and impose a lodging tax on hotels for the purpose of establishing a County Visitors Promotion Fund and a County Visitors Improvement Fund.
Source
Laws 1980, LB 499, § 1;
Laws 1988, LB 797, § 1;
Laws 1989, LB 262, § 1;
Laws 2003, LB 726, § 1;
R.S.1943, (2008), § 81-1245;
Laws 2012, LB1053, § 2;
Laws 2017, LB222, § 2.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-3703 - Definitions, where found.

81-3703.
Definitions, where found.
For purposes of the Nebraska Visitors Development Act, unless the context otherwise requires, the definitions found in sections 81-3704 to 81-3709.01 apply.
Source
Laws 1980, LB 499, § 2;
Laws 1988, LB 797, § 2;
R.S.1943, (2008), § 81-1246;
Laws 2012, LB1053, § 3;
Laws 2015, LB449, § 11;
Laws 2017, LB222, § 3.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-3705 - Committee, defined.

81-3705.
Committee, defined.
Committee means the visitors committee appointed as provided in section 81-3717 for the purpose of advising the county board in administering the County Visitors Promotion Fund and the County Visitors Improvement Fund established pursuant to such section and carrying out the purposes of the Nebraska Visitors Development Act.
Source
Laws 1980, LB 499, § 7;
Laws 1988, LB 797, § 3;
Laws 1989, LB 262, § 2;
R.S.1943, (2008), § 81-1251;
Laws 2012, LB1053, § 5.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-3706 - Consideration, defined.

81-3706.
Consideration, defined.
Consideration means the monetary charge for the use of space in a hotel only if the space is one ordinarily used for accommodations and shall not include the charge for any food or beverage served or personal services rendered to the occupant of such space.
Source
Laws 1980, LB 499, § 4;
R.S.1943, (2008), § 81-1248;
Laws 2012, LB1053, § 6.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-3707 - Hotel, defined.

81-3707.
Hotel, defined.
Hotel means any facility in which the public may, for a consideration, obtain sleeping accommodations. Hotel includes hotels, motels, tourist homes, campgrounds, courts, lodging houses, inns, state-operated hotels, and nonprofit hotels but does not include hospitals, sanitariums, nursing homes, chronic care centers, or dormitories or facilities operated by an educational institution and regularly used to house students.
Source
Laws 1980, LB 499, § 3;
Laws 1984, LB 962, § 35;
R.S.1943, (2008), § 81-1247;
Laws 2012, LB1053, § 7.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-3708 - Occupancy, defined.

81-3708.
Occupancy, defined.
Occupancy means the use or possession or the right to the use or possession of any space in a hotel if the space is one ordinarily used for accommodations and if the occupant's use, possession, or right to the use or possession is for less than a period of thirty days.
Source
Laws 1980, LB 499, § 5;
Laws 1995, LB 134, § 7;
R.S.1943, (2008), § 81-1249;
Laws 2012, LB1053, § 8.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-3709 - Occupant, defined.

81-3709.
Occupant, defined.
Occupant means anyone who, for a consideration, uses, possesses, or has a right to use or possess any space in a hotel if the space is one ordinarily used for accommodations.
Source
Laws 1980, LB 499, § 6;
R.S.1943, (2008), § 81-1250;
Laws 2012, LB1053, § 9.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-3709.01 - Tourism industry, defined.

81-3709.01.
Tourism industry, defined.
Tourism industry includes any person or other entity, whether for-profit or not-for-profit, that promotes an activity, an event, or a site which attracts both instate and out-of-state visitors, including, but not limited to, a chamber of commerce, a convention and visitors bureau, the hospitality industry, the food and beverage industry, the hotel industry, a passenger transportation provider, any business or organization engaged in recreational, historical, cultural, artistic, or entertainment pursuits, and any person who owns or operates any such activity, event, or site.
Source
Laws 2017, LB222, § 4.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-3711 - Commission; duties.

81-3711.
Commission; duties.
The commission shall:
(1) Administer the Nebraska Visitors Development Act;
(2) Prepare and approve a budget;
(3) Elect a chairperson and vice-chairperson;
(4) Procure and evaluate data and information necessary for the proper administration of the act;
(5) Appoint an executive director at a salary to be fixed by the commission to conduct the day-to-day operations of the commission;
(6) Employ personnel and contract for services which are necessary for the proper operation of the commission;
(7) Establish a means by which any interested person has the opportunity at least annually to offer his or her ideas and suggestions relative to the commission's duties for the upcoming year;
(8) Authorize the expenditure of funds and contracting of expenditures to carry out the act;
(9) Keep minutes of its meetings and other books and records which clearly reflect all of the actions and transactions of the commission and keep such records open to examination during normal business hours;
(10) Prohibit any funds appropriated to the commission from being expended directly or indirectly to promote or oppose any candidate for public office or to influence state or federal legislation;
(11) Have authority to mark significant tourism attractions as provided in section 81-3711.01;
(12) Have authority to develop and approve state marketing campaigns;
(13) Adopt and promulgate rules and regulations to carry out the Nebraska Visitors Development Act;
(14) Develop and administer a program to provide promotional services, technical assistance, and state aid to local governments and the tourism industry;
(15) Establish written policies and procedures governing the executive director and the personnel of the commission in the expenditure and use of funds appropriated to the commission;
(16) Cooperate with federal, state, and local governments and private individuals and organizations to carry out any of the functions of the commission and purposes of the Nebraska Visitors Development Act; and
(17) Actively coordinate and develop working partnerships with other state agencies, including, but not limited to, the Commission on Indian Affairs, the Department of Economic Development, the Game and Parks Commission, the Nebraska Arts Council, the Nebraska State Historical Society, and the University of Nebraska.
Source
Laws 2012, LB1053, § 11;
Laws 2015, LB449, § 14;
Laws 2017, LB222, § 6;
Laws 2019, LB637, § 2.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-3711.01 - Significant tourism attractions; commission; powers and duties; appoint special committee; Department of Transportation; duties.

81-3711.01.
Significant tourism attractions; commission; powers and duties; appoint special committee; Department of Transportation; duties.
(1) The commission may mark significant tourism attractions in Nebraska.
(2) The commission may (a) determine what tourism attractions are significant to the State of Nebraska, (b) expend funds for the purchase of highway tourism markers, (c) designate the approximate location of highway tourism markers, (d) preserve, replace, or modify highway tourism markers, and (e) accept gifts and encourage local participation in and contribution to the erection of highway tourism markers through the use of gifts and matching-fund agreements. Such funds shall be deposited into the State Visitors Promotion Cash Fund. The commission shall not expend funds for the purchase of highway tourism markers until funding has been secured through gifts or otherwise.
(3) The commission may appoint and delegate to a special committee the duties of research and investigation to assist in the determination of tourism attractions that should be designated by highway tourism markers. The Department of Transportation shall erect and maintain highway tourism markers and shall determine the exact location of highway tourism markers with consideration given for the safety and welfare of the public.
(4) The commission may secure payment to the state for the actual replacement cost of any highway tourism markers damaged or destroyed, accidentally or otherwise. Any funds so collected shall be remitted to the State Treasurer for credit to the State Visitors Promotion Cash Fund for the procurement of highway tourism markers.
(5) Nothing in this section shall be construed to restrict the placement of any marker or signage on private property.
Source
Laws 2015, LB449, § 13;
Laws 2017, LB339, § 291.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-3712 - Travel and Tourism Division of Department of Economic Development; transition of employees.

81-3712.
Travel and Tourism Division of Department of Economic Development; transition of employees.
For purposes of transition, employees of the Travel and Tourism Division of the Department of Economic Development shall be considered employees of the commission and shall retain their rights under the state personnel system or pertinent bargaining agreement, and their service shall be deemed continuous. This section does not grant employees any new rights or benefits not otherwise provided by law or bargaining agreement or preclude the commission from exercising any of the prerogatives of management set forth in section 81-1311 or as otherwise provided by law. This section is not an amendment to or substitute for the provisions of any existing bargaining agreements.
Source
Laws 2012, LB1053, § 12;
Laws 2017, LB222, § 7.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-3713 - Commission; statewide strategic plan; duties.

81-3713.
Commission; statewide strategic plan; duties.
The commission shall develop a statewide strategic plan to cultivate and promote tourism in Nebraska. The commission shall review the plan annually and update as necessary. The plan shall include:
(1) A review of revenue in the State Visitors Promotion Cash Fund available for tourism development at the state level;
(2) An examination of best management practices for the tourism industry;
(3) Marketing strategies for promoting tourism;
(4) Methods to expand existing tourism capacity which may include encouraging regional cooperation, collaboration, or privatization; and
(5) Recommended strategies to provide technical assistance, marketing services, and state aid to local governments and the tourism industry in Nebraska.
Source
Laws 1986, LB 965, § 13;
Laws 2011, LB684, § 1;
R.S.1943, (2008), § 81-1201.13;
Laws 2012, LB782, § 193;
Laws 2012, LB1053, § 13;
Laws 2017, LB222, § 8.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-3714 - State Visitors Promotion Cash Fund; created; uses; transfers; investment.

81-3714.
State Visitors Promotion Cash Fund; created; uses; transfers; investment.
The State Visitors Promotion Cash Fund is created. The fund shall be administered by the commission. The fund shall consist of revenue deposited into the fund pursuant to section 81-3715 and money donated as gifts, bequests, or other contributions from public or private entities. Funds made available by any department or agency of the United States may also be credited to the fund if so directed by such department or agency. The commission shall use the proceeds of the fund to generally promote, encourage, and attract visitors to and within the State of Nebraska, to erect and replace highway tourism markers, to enhance the use of travel and tourism facilities within the state, to provide grants to communities and organizations, and to contract with the Department of Administrative Services to provide support services to the commission, including, but not limited to, accounting and personnel functions. The proceeds of the fund shall be in addition to funds appropriated to the commission from the General Fund. Transfers may be made from the State Visitors Promotion Cash Fund to the General Fund at the direction of the Legislature. The State Treasurer shall transfer one million dollars from the State Visitors Promotion Cash Fund to the General Fund on or before June 30, 2019, on such dates and in such amounts as directed by the budget administrator of the budget division of the Department of Administrative Services. Any money in the State Visitors Promotion Cash Fund available for investment shall be invested by the state investment officer pursuant to the Nebraska Capital Expansion Act and the Nebraska State Funds Investment Act.
Source
Laws 1980, LB 499, § 8;
R.S.1943, (2008), § 81-1252;
Laws 2012, LB1053, § 14;
Laws 2015, LB449, § 15;
Laws 2016, LB957, § 9;
Laws 2017, LB222, § 9;
Laws 2018, LB945, § 26.
Cross References
Nebraska Capital Expansion Act, see section 72-1269.
Nebraska State Funds Investment Act, see section 72-1260.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-3715 - Hotel; occupancy; sales tax.

81-3715.
Hotel; occupancy; sales tax.
There is hereby imposed an additional sales tax of one percent upon the total consideration charged for occupancy of any space furnished by any hotel in this state. The proceeds from such tax shall be paid to the State Visitors Promotion Cash Fund.
Source
Laws 1980, LB 499, § 9;
R.S.1943, (2008), § 81-1253;
Laws 2012, LB1053, § 15.