reglab/statecodes huggingface dataset:
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-6,117 - Department; annual statistical report.

81-6,117.
Department; annual statistical report.
The department shall publish an annual statistical report from information collected under section 81-6,114 which shall include: (1) The twenty most frequently performed outpatient surgical procedures by type of procedure; (2) the total number of persons served for each listed procedure; (3) the total number of persons served by county and state of residence and region of service; and (4) the average billed charges for such procedures by county and state of residence. The department shall designate service regions for the purpose of aggregating and reporting information as required by this section. No information shall be published or disclosed by the department under this section in a manner that identifies or may be used to identify any individual hospital or ambulatory surgical center.
Source
Laws 2003, LB 73, § 7.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-6,118 - Costs; use in establishing licensure fees.

81-6,118.
Costs; use in establishing licensure fees.
Costs associated with implementation of the Outpatient Surgical Procedures Data Act may be considered by the department in determining variable costs for purposes of establishing licensure fees under section 71-434 and shall not require an appropriation of General Funds.
Source
Laws 2003, LB 73, § 8.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-6,119 - Rules and regulations.

81-6,119.
Rules and regulations.
The department shall adopt and promulgate rules and regulations to implement the Outpatient Surgical Procedures Data Act. Such rules and regulations shall comply with all applicable provisions of federal law and shall minimize the imposition of additional costs to reporting facilities.
Source
Laws 2003, LB 73, § 9.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-6,121 - Persons with disabilities; legislative findings and declarations.

81-6,121.
Persons with disabilities; legislative findings and declarations.
The Legislature finds and declares that:
(1) In 1999 the United States Supreme Court held in the case of Olmstead v. L.C., 527 U.S. 581, that unjustified segregation of persons with disabilities constitutes discrimination in violation of Title II of the federal Americans with Disabilities Act of 1990. The court held that public entities must provide community-based services to persons with disabilities when (a) such services are appropriate, (b) the affected persons do not oppose community-based services, and (c) community-based services can be reasonably accommodated, taking into account the resources available to the public entity and the needs of others who are receiving disability services from the entity. The court stated that institutional placement of persons who can handle and benefit from community-based services perpetuates unwarranted assumptions that persons so isolated are incapable or unworthy of participating in community life and that confinement in an institution severely diminishes the everyday life activities of individuals, including family relations, social contacts, work options, economic independence, educational advancement, and cultural enrichment;
(2) Many Nebraskans with disabilities live in institutional placements and settings where they are segregated and isolated with diminished opportunities to participate in community life; and
(3) The United States Supreme Court further stated in the Olmstead decision that development of (a) a comprehensive, effective working plan for providing services to qualified persons with disabilities in the most integrated community-based settings and (b) a waiting list that moves at a reasonable pace could be important ways for a state to demonstrate its commitment to achieving compliance with the federal Americans with Disabilities Act of 1990.
Source
Laws 2016, LB1033, § 1;
Laws 2019, LB570, § 2.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-6,122 - Strategic plan for providing services; department; duties; advisory committee; analysis and report.

81-6,122.
Strategic plan for providing services; department; duties; advisory committee; analysis and report.
(1) The Department of Health and Human Services shall, in collaboration with the Department of Correctional Services, the Department of Economic Development, the Department of Labor, the Department of Transportation, the Department of Veterans' Affairs, the State Department of Education, the University of Nebraska, and the Equal Opportunity Commission, develop a comprehensive strategic plan for providing services to qualified persons with disabilities in the most integrated community-based settings pursuant to the Olmstead decision.
(2) The chief executive officer of the Department of Health and Human Services shall convene a team to:
(a) Develop the strategic plan described in subsection (1) of this section;
(b) Appoint and convene a stakeholder advisory committee to assist in the review and development of the strategic plan, such committee members to include a representative from the State Advisory Committee on Mental Health Services, the Advisory Committee on Developmental Disabilities, the Nebraska Statewide Independent Living Council, the Nebraska Planning Council on Developmental Disabilities, the Division of Rehabilitation Services in the State Department of Education, the Public Service Commission, the Commission for the Deaf and Hard of Hearing, the Commission for the Blind and Visually Impaired, a housing authority in a city of the first or second class and a housing authority in a city of the primary or metropolitan class, the Assistive Technology Partnership, the protection and advocacy system for Nebraska, an assisted-living organization, the behavioral health regions, mental health practitioners, developmental disability service providers, an organization that advocates for persons with developmental disabilities, an organization that advocates for persons with mental illness, an organization that advocates for persons with brain injuries, and an area agency on aging, and including two persons with disabilities representing self-advocacy organizations, and, at the department’s discretion, other persons with expertise in programs serving persons with disabilities;
(c) Arrange for consultation with an independent consultant to assist with the continued analysis and revision of the strategic plan and determine whether the benchmarks, deadlines, and timeframes are in substantial compliance with the strategic plan;
(d) Provide continuing analysis of the strategic plan and a report on the progress of the strategic plan and changes or revisions to the Legislature by December 15, 2021, and every three years thereafter; and
(e) Provide the completed strategic plan to the Legislature and the Governor by December 15, 2019.
(3) The reports and completed plan shall be submitted electronically to the Legislature.
Source
Laws 2016, LB1033, § 2;
Laws 2019, LB570, § 3.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-6,123 - Population Health Information Act; act, how cited.

81-6,123.
Population Health Information Act; act, how cited.
Sections 81-6,123 to 81-6,126 shall be known and may be cited as the Population Health Information Act.
Source
Laws 2020, LB1183, § 1.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-6,124 - Terms, defined.

81-6,124.
Terms, defined.
For purposes of the Population Health Information Act:
(1) Clinical information means information related to the diagnosis and treatment of health conditions or services provided for health conditions;
(2) Department means the Department of Health and Human Services;
(3) Designated health information exchange means the statewide health information exchange described in section 71-2455;
(4) Health care entity means a health care facility as defined in section 71-413, a home health agency as defined in section 71-417, an urgent care treatment center, a laboratory, a medicaid managed care organization, a federally qualified health center, a health care practitioner facility as defined in section 71-414, a dental facility, a local public health department, a health insurance carrier, or any other organization or entity providing health care services in Nebraska;
(5) Health care provider means a person practicing as a health care professional under the Uniform Credentialing Act; and
(6) Prescription drug monitoring program means the program created under section 71-2454.
Source
Laws 2020, LB1183, § 2.
Cross References
Uniform Credentialing Act, see section 38-101.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-6,126 - Federal funding; department; duties.

81-6,126.
Federal funding; department; duties.
(1) The department shall work collaboratively with the designated health information exchange to access funding through federal programs, which shall include, but not be limited to, the Centers for Medicare and Medicaid Services, the Centers for Disease Control and Prevention, and the Health Resources and Services Administration of the United States Department of Health and Human Services, and other federal programs related to health information, technology, population health, and health care delivery system initiatives, for purposes of supporting the designated health information exchange and the prescription drug monitoring program.
(2) Nothing in the Population Health Information Act shall preclude the department from working collaboratively with other entities for purposes of collecting and analyzing data to inform the Legislature, the department, health care providers, and health care entities regarding the cost of, access to, and quality of health care in Nebraska.
Source
Laws 2020, LB1183, § 4.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-6,128 - Health Information Technology Board; duties; meetings; annual report.

81-6,128.
Health Information Technology Board; duties; meetings; annual report.
(1) The Health Information Technology Board shall:
(a) Establish criteria for data collection and disbursement by the statewide health information exchange described in section 71-2455 and the prescription drug monitoring program created under section 71-2454 to improve the quality of information provided to clinicians;
(b) Evaluate and ensure that the statewide health information exchange is meeting technological standards for reporting of data for the prescription drug monitoring program, including the data to be collected and reported and the frequency of data collection and disbursement;
(c) Provide the governance oversight necessary to ensure that any health information in the statewide health information exchange and the prescription drug monitoring program may be accessed, used, or disclosed only in accordance with the privacy and security protections set forth in the federal Health Insurance Portability and Accountability Act of 1996, Public Law 104-191, and regulations promulgated thereunder. All protected health information is privileged, is not a public record, and may be withheld from the public pursuant to section 84-712.05; and
(d) Provide recommendations to the statewide health information exchange on any other matters referred to the board.
(2) The board shall adopt policies and procedures necessary to carry out its duties.
(3) The authority of the board to direct the use or release of data under this section or section 71-2454 shall apply only to requests submitted to the board after September 1, 2021.
(4) The board may hold meetings by telecommunication or electronic communication subject to the Open Meetings Act. Any official action or vote of the members of the board shall be preserved in the records of the board.
(5) By November 15, 2021, and November 15 of each year thereafter, the board shall develop and submit an annual report to the Governor and the Health and Human Services Committee of the Legislature regarding considerations undertaken, decisions made, accomplishments, and other relevant information. The report submitted to the Legislature shall be submitted electronically.
Source
Laws 2020, LB1183, § 6;
Laws 2021, LB411, § 2.
Cross References
Open Meetings Act, see section 84-1407.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-701.01 - Department of Transportation; Director-State Engineer; control, management, supervision, administration.

81-701.01.
Department of Transportation; Director-State Engineer; control, management, supervision, administration.
The Director-State Engineer shall have full control, management, supervision, administration, and direction of the Department of Transportation. All powers and duties lawfully conferred upon the department shall be exercised under the direction of the Director-State Engineer.
Source
Laws 1955, c. 338, § 1, p. 1050;
Laws 1957, c. 365, § 11, p. 1238;
Laws 2017, LB339, § 276.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-701.02 - Director-State Engineer; powers; duties.

81-701.02.
Director-State Engineer; powers; duties.
The Director-State Engineer, for the Department of Transportation, shall:
(1) Have charge of the records of the department;
(2) Cause accurate and complete books of account to be kept;
(3) Supervise the signing of vouchers and orders for supplies, materials, and any other expenditures;
(4) Contract for consulting services;
(5) Employ all engineers, assistants, clerks, agents, and other employees required for the proper transaction of the business of the office or of the department and fix their titles, determine their duties and compensation, and discharge them in his or her discretion; and
(6) Sign and execute or supervise the signing and executing of all documents and papers, including contracts and agreements for highway construction and the purchase of machinery, materials, and supplies.
Source
Laws 1955, c. 338, § 2, p. 1050;
Laws 1957, c. 365, § 12, p. 1238;
Laws 2017, LB339, § 277.
Cross References
Geographic Information Systems Council, member of, see section 86-570.
Salary, see section 81-103.
State Emergency Response Commission, member of, see section 81-15,210.
State Highway Commission, member of, see section 39-1101.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-701.03 - Department of Transportation; assume highway safety program of Department of Motor Vehicles; reference to Department of Roads in contracts or other documents; actions and proceedings; how treated; provisions of law; how construed.

81-701.03.
Department of Transportation; assume highway safety program of Department of Motor Vehicles; reference to Department of Roads in contracts or other documents; actions and proceedings; how treated; provisions of law; how construed.
(1) The Department of Transportation shall assume responsibility for the powers and duties of the highway safety program of the Department of Motor Vehicles, except that the Department of Motor Vehicles shall retain jurisdiction over the Motorcycle Safety Education Act.
(2) On and after July 1, 2017, whenever the Department of Roads is referred to or designated by any contract or other document in connection with the duties and functions of the Department of Transportation, such reference or designation shall apply to the Department of Transportation. All contracts entered into by the Department of Roads prior to July 1, 2017, are hereby recognized, with the Department of Transportation retaining all rights and obligations under such contracts. Any cash funds, custodial funds, gifts, trusts, grants, and any appropriations of funds from prior fiscal years available to satisfy obligations incurred under such contracts shall be appropriated to the Department of Transportation for the payments of such obligations. All documents and records transferred, or copies of the same, may be authenticated or certified by the Department of Transportation for all legal purposes.
(3) No suit, action, or other proceeding, judicial or administrative, lawfully commenced prior to July 1, 2017, or which could have been commenced prior to that date, by or against the Department of Roads, or the Director-State Engineer or any employee thereof in such Director-State Engineer's or employee's official capacity or in relation to the discharge of his or her official duties, shall abate by reason of the change of name of the Department of Roads to the Department of Transportation.
(4) On and after July 1, 2017, unless otherwise specified, whenever any provision of law refers to the Department of Roads in connection with duties and functions of the Department of Transportation, such law shall be construed as referring to the Department of Transportation.
Source
Laws 2009, LB219, § 2;
Laws 2017, LB339, § 278.
Cross References
Motorcycle Safety Education Act, see section 60-2120.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-701.04 - Department of Transportation; fees; deposited with State Treasurer; credited to Highway Cash Fund.

81-701.04.
Department of Transportation; fees; deposited with State Treasurer; credited to Highway Cash Fund.
There shall be paid to the Department of Transportation in advance for the services of the department, or any officer or employee thereof by the party demanding or necessitating the service, the following fees: For typing a transcript or copy of any instrument recorded or filed in any office of the department, fifteen cents for each one hundred words; for blueprint copy of any map or drawing, or photostatic copy of any record, a reasonable sum to be fixed by the department in an amount estimated to cover the actual cost of preparing such a reproduction; for other copies of drawing, two dollars per hour for the time actually employed; and for certificate and seal, one dollar. The Director-State Engineer shall keep a record of all fees received. Such fees shall be currently deposited with the State Treasurer by the Director-State Engineer for the use of the Highway Cash Fund and the Director-State Engineer shall take his or her receipt therefor and file the same with the records of his or her office.
Source
Laws 1957, c. 365, § 23, p. 1241;
Laws 1961, c. 181, § 12, p. 543;
Laws 2017, LB339, § 279.
Cross References
For other provisions for fees, see section 25-1280.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-701.05 - Nebraska Railway Council agreement with railroad; oversight.

81-701.05.
Nebraska Railway Council agreement with railroad; oversight.
The Department of Transportation shall oversee any outstanding agreement between a railroad and the Nebraska Railway Council as of August 27, 2011, including making any outstanding payment due to a railroad.
Source
Laws 2011, LB259, § 2;
Laws 2017, LB339, § 280.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-702 - Nebraska Broadband Office; office space; administrative and budgetary support; Department of Transportation; duties; technology infrastructure projects on state highway property; powers.

81-702.
Nebraska Broadband Office; office space; administrative and budgetary support; Department of Transportation; duties; technology infrastructure projects on state highway property; powers.
(1) The Department of Transportation shall furnish the Nebraska Broadband Office with necessary office space, furniture, equipment, and supplies along with administrative and budgetary support, including salaries for professional, technical, and clerical assistants, except as limited in subsection (2) of this section. The Department of Transportation and the Nebraska Broadband Office shall, whenever practicable, seek reimbursement of such costs from federal-aid funds to the extent such costs are eligible for reimbursement.
(2) Broadband installation, operation, or maintenance projects of the Nebraska Broadband Office shall not be funded by the Department of Transportation, except as provided in subsection (3) of this section. Such restriction shall not apply to any fund or appropriation of the Legislature that has been specifically designated for projects of the Nebraska Broadband Office.
(3) The Department of Transportation may use state highway funds for projects to install, operate, and maintain fiber optic, broadband, or other similar technology infrastructure on state highway property solely to meet the state's present and future transportation technology needs along the state highway system. The department is further authorized to enter into public-private partnerships or to use other alternative project delivery methods set out in the Transportation Innovation Act. The department is authorized to work with the Nebraska Broadband Office for such projects and to seek or solicit the use of eligible federal highway funds to pay some or all of the state's costs for such projects. Nothing in this subsection authorizes the department to own, operate, manage, construct, or maintain fiber optic, broadband, or other similar technology outside of state highway property.
Source
Laws 2023, LB683, § 3.
Effective Date: May 27, 2023
Cross References
Transportation Innovation Act, see section 39-2801.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-703 - Department of Transportation Aeronautics Capital Improvement Fund; created; use; investment.

81-703.
Department of Transportation Aeronautics Capital Improvement Fund; created; use; investment.
The Department of Transportation Aeronautics Capital Improvement Fund is created. The fund shall consist of money credited to the fund pursuant to section 77-27,132, transfers authorized by the Legislature, and any gifts, grants, bequests, or donations to the fund. The fund shall be administered by the Department of Transportation and shall be used to build, repair, renovate, rehabilitate, restore, modify, or improve any infrastructure at any public-use airport licensed by the Division of Aeronautics of the Department of Transportation. 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 2023, LB727, § 100.
Operative Date: June 7, 2023
Cross References
Nebraska Capital Expansion Act, see section 72-1269.
Nebraska State Funds Investment Act, see section 72-1260.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-710 - State wayside areas; powers and duties of department; rules and regulations; contracts authorized.

81-710.
State wayside areas; powers and duties of department; rules and regulations; contracts authorized.
The Department of Transportation shall establish, operate, and maintain state wayside areas. Pursuant to the Administrative Procedure Act, the department may adopt and promulgate rules and regulations necessary to govern the use of state wayside areas and may establish fees for services, including overnight camping.
The department may contract with public or private entities for the operation and maintenance of state wayside areas.
If the department determines that an area is no longer suited or needed as a state wayside area, the department may close such area or any part thereof and declare such area or facilities as surplus. The department shall offer to convey the surplus land or facilities to all local political subdivisions in the vicinity, and if such offers are rejected, the department may sell such lands and facilities.
Source
Laws 1983, LB 610, § 7;
Laws 2014, LB757, § 2;
Laws 2017, LB339, § 281.
Cross References
Administrative Procedure Act, see section 84-920.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-711 - State wayside areas; requirements.

81-711.
State wayside areas; requirements.
State wayside areas shall be areas appropriate in size and located at strategic intervals adjacent to main traveled highways to provide safe rest and picnic stops for travelers, which sites shall be selected for scenic or historical interest when possible, equipped with safe approach and departure lanes, and be developed in a manner and with such facilities as are appropriate to their purpose, including overnight camping.
Source
Laws 1983, LB 610, § 6.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-824 - Council of State Governments declared a joint governmental agency.

81-824.
Council of State Governments declared a joint governmental agency.
The Council of State Governments is declared to be a joint governmental agency of this state and of the other states which cooperate through it.
Source
Laws 1937, c. 110, § 9, p. 409;
C.S.Supp.,1941, § 81-7309;
R.S.1943, § 81-824.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-825 - Wildfire Control Act of 2013; act, how cited.

81-825.
Wildfire Control Act of 2013; act, how cited.
Sections 81-825 to 81-828 shall be known and may be cited as the Wildfire Control Act of 2013.
Source
Laws 2013, LB634, § 1.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-826 - Wildfire Control Act of 2013; legislative findings.

81-826.
Wildfire Control Act of 2013; legislative findings.
The Legislature finds that the State of Nebraska's forests, pasture lands, and rangelands have been destroyed by catastrophic wildfires, primarily due to higher temperatures, intense and prolonged drought, increased forest fuel-loads, and the extensive spread of Eastern Red Cedar trees into forests, pasture lands, and rangelands. Because of these conditions, wildfires occur more frequently, spread and grow very rapidly upon ignition, and consume large tracts of productive land. These severe, fast-moving wildfires put the lives of citizens, emergency responders, and visitors at great risk, are difficult to control, quickly overwhelm local suppression capacity, and cost enormous amounts of money to suppress and control.
Source
Laws 2013, LB634, § 2.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-827 - Wildfire control; Nebraska Emergency Management Agency; duties; legislative intent; report; contents.

81-827.
Wildfire control; Nebraska Emergency Management Agency; duties; legislative intent; report; contents.
(1) Pursuant to the Wildfire Control Act of 2013, the Nebraska Emergency Management Agency shall contract for all costs to place one single-engine air tanker in Nebraska for use in fighting wildfires.
(2) It is the intent of the Legislature that the Nebraska Emergency Management Agency deploy the single-engine air tanker quickly and without delay so as to prevent the rapid spread of wildfires upon ignition.
(3) The Nebraska Emergency Management Agency shall prepare a report on or before December 1 of each year describing (a) the date and time each request to deploy a single-engine air tanker is made to the agency, (b) the date and time a single-engine air tanker was deployed in response to a request for such a tanker, (c) an explanation of the reason for any delay of more than one hour from the time of a request for deployment of a single-engine air tanker and the time of the actual deployment of such a tanker, and (d) an explanation of the reason for the denial of a request to deploy a single-engine air tanker. The report shall be submitted electronically to the Governor and to the Clerk of the Legislature.
Source
Laws 2013, LB634, § 3.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-828 - Wildfire control; Nebraska Forest Service; duties.

81-828.
Wildfire control; Nebraska Forest Service; duties.
Pursuant to the Wildfire Control Act of 2013, the Nebraska Forest Service shall (1) administer programs to thin forests to reduce forest fuel-loads in order to substantially reduce wildfire risk, intensity, and rate of spread and develop markets for woody biomass generated from forest thinnings, (2) provide expanded training programs for volunteer firefighters, private landowners, and communities in Nebraska in fire suppression tactics of wildfires in order to increase suppression effectiveness and safety, (3) expand the federal excess property programs sponsored by the United States Department of Agriculture and the United States Department of Defense and managed by the Nebraska Forest Service in Nebraska, (4) oversee the rehabilitation of forest lands that have been destroyed by wildfires, (5) manage single-engine air tanker bases and operations in Nebraska, and (6) contract to construct at least two single-engine air tanker bases and develop one or more mobile single-engine air tanker bases in Nebraska.
Source
Laws 2013, LB634, § 4.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-829 - Critical Infrastructure Utility Worker Protection Act; act, how cited.

81-829.
Critical Infrastructure Utility Worker Protection Act; act, how cited.
Sections 81-829 to 81-829.04 shall be known and may be cited as the Critical Infrastructure Utility Worker Protection Act.
Source
Laws 2023, LB191, § 1.
Operative Date: September 2, 2023
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-829.01 - Terms, defined.

81-829.01.
Terms, defined.
For purposes of the Critical Infrastructure Utility Worker Protection Act, unless the context otherwise requires:
(1) Civil defense emergency has the same meaning as in section 81-829.39;
(2) Critical infrastructure utility worker means an essential critical infrastructure worker identified in the Guidance on the Essential Critical Infrastructure Workforce, Version 4.1, as released on August 5, 2021, by the United States Department of Homeland Security Cybersecurity and Infrastructure Security Agency;
(3) Disaster has the same meaning as in section 81-829.39;
(4) Emergency has the same meaning as in section 81-829.39;
(5) Priority access means access at least equal to that provided to hospital and medical personnel, law enforcement personnel, or other emergency responders;
(6) Utility means any legal entity, including a political subdivision, that owns or operates a utility system, or any part thereof, in this state; and
(7) Utility system means the physical and cyber assets and infrastructure used in providing utility services to wholesale or retail customers. Utility system includes electrical, gas, water, steam, sewage, and telecommunications services.
Source
Laws 2023, LB191, § 2.
Operative Date: September 2, 2023
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-829.02 - Act, purposes.

81-829.02.
Act, purposes.
The purposes of the Critical Infrastructure Utility Worker Protection Act are to:
(1) Provide for protection of critical infrastructure utility workers during any civil defense emergency, disaster, or emergency;
(2) Provide priority access to personal protective equipment; medical screening, testing, and preventative health services; medical treatment; and the administration of vaccines for critical infrastructure utility workers in the event of an emergency involving a severe threat to human health; and
(3) Authorize federal and state financial aid for critical infrastructure utility workers during any civil defense emergency, disaster, or emergency involving a severe threat to human health.
Source
Laws 2023, LB191, § 3.
Operative Date: September 2, 2023
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-829.03 - Utilities; critical infrastructure utility workers; list; confidential.

81-829.03.
Utilities; critical infrastructure utility workers; list; confidential.
Utilities shall maintain a list of critical infrastructure utility workers by position description without listing individual names. The list shall not be deemed a public record subject to disclosure pursuant to sections 84-712 to 84-712.09, but shall be made available to the Nebraska Emergency Management Agency upon request. The list shall be kept confidential by the agency.
Source
Laws 2023, LB191, § 4.
Operative Date: September 2, 2023
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-829.04 - Critical infrastructure utility workers; civil defense emergency, disaster, or emergency; Governor, duties.

81-829.04.
Critical infrastructure utility workers; civil defense emergency, disaster, or emergency; Governor, duties.
In the event of any civil defense emergency, disaster, or emergency involving a severe threat to human health, the Governor shall:
(1) Ensure that critical infrastructure utility workers are provided priority access to personal protective equipment, medical screening, testing, preventive health services, medical treatment, and the administration of vaccines approved by the federal Food and Drug Administration; and
(2) Take all necessary measures to provide available federal funding for the adequate protection and care of critical infrastructure utility workers in accordance with federal law and regulations regarding eligibility for such funding.
Source
Laws 2023, LB191, § 5.
Operative Date: September 2, 2023
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-829.31 - Adjutant General; Emergency Management Act; administer.

81-829.31.
Adjutant General; Emergency Management Act; administer.
There is hereby created in the office of the Adjutant General the Nebraska Emergency Management Agency. The Adjutant General shall administer the Emergency Management Act.
Source
Laws 1953, c. 336, § 2, p. 1106;
Laws 1996, LB 43, § 16.
Cross References
Emergency Management Act, see section 81-829.36.
For provisions relating to the Adjutant General, see section 55-101 et seq.
Vital resource emergency, see sections 84-162 to 84-167.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-829.33 - Governor's Emergency Cash Fund; created; use; investment.

81-829.33.
Governor's Emergency Cash Fund; created; use; investment.
The Governor's Emergency Cash Fund is created. The fund shall consist of federal reimbursements received by the state for eligible state administrative costs incurred by the Nebraska Emergency Management Agency for administering federal emergency disaster declarations and revenue from all other nonfederal government sources. Except as provided in section 90-270, the fund shall be used to pay eligible costs related to state emergency disaster declarations. The fund shall be administered by the State Administrator of the Nebraska Emergency Management Agency. 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.
Transfers may be made from the Governor's Emergency Cash Fund to the Cash Reserve Fund and General Fund at the direction of the Legislature. The State Treasurer shall transfer zero dollars from the Governor's Emergency Cash Fund to the Cash Reserve Fund by June 30, 2023, on such dates and in such amounts as directed by the budget administrator of the budget division of the Department of Administrative Services.
Source
Laws 2003, LB 403, § 5;
Laws 2020, LB1009, § 6;
Laws 2022, LB1012, § 13.
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 › 81-829.36 - Act, how cited.

81-829.36.
Act, how cited.
Sections 81-829.36 to 81-829.75 shall be known and may be cited as the Emergency Management Act.
Source
Laws 1951, c. 315, § 1, p. 1073;
R.R.S.1943, § 81-829.05;
Laws 1973, LB 494, § 1;
Laws 1996, LB 43, § 17;
Laws 2011, LB573, § 2.
Cross References
Facilitating Business Rapid Response to State Declared Disasters Act, see section 48-3201.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-829.37 - Purposes of act.

81-829.37.
Purposes of act.
The purposes of the Emergency Management Act and the policy of the state are to:
(1) Reduce the vulnerability of people and communities of this state to damage, injury, and loss of life and property resulting from natural, technological, or manmade disasters and emergencies, civil disturbances, or hostile military or paramilitary action;
(2) Provide an emergency management system embodying all aspects of preparedness, response, recovery, and mitigation;
(3) Clarify and strengthen the roles of the Governor, state agencies, and local governments in the mitigation of, prevention of, preparation for, response to, and recovery from disasters, emergencies, or civil defense emergencies;
(4) Authorize and provide for cooperation and coordination of activities relating to mitigation of, prevention of, preparedness for, response to, and recovery from disasters, emergencies, and civil defense emergencies by agencies and officers of this state and its political subdivisions and similar state, local, interstate, federal-state, and foreign activities in which the state and its political subdivisions may participate;
(5) Assist in mitigation and prevention of disasters, emergencies, and civil defense emergencies caused or aggravated by inadequate planning for and regulation of public and private facilities and land use; and
(6) Provide for the funding of activities incidental to carrying out the purposes of the act.
Source
Laws 1951, c. 315, § 2(1), p. 1074;
R.R.S.1943, § 81-829.06;
Laws 1973, LB 494, § 2;
Laws 1996, LB 43, § 18.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-829.38 - Act, how construed.

81-829.38.
Act, how construed.
Nothing in the Emergency Management Act shall be construed to:
(1) Interfere with the course or conduct of a labor dispute, except that actions otherwise authorized by the act or other laws may be taken when necessary to forestall or mitigate imminent or existing danger to public health or safety;
(2) Interfere with the dissemination of news or comment on public affairs, but any communications facility or organization, including, but not limited to, radio and television stations, wire services, and newspapers, may be required to transmit or print public service messages furnishing information or instructions in connection with a disaster, emergency, or civil defense emergency;
(3) Affect the jurisdiction or responsibilities of police forces, firefighting forces, units of the armed forces of the United States, or any personnel thereof, when on active duty, but state, city, village, county, and interjurisdictional emergency operations plans shall place reliance upon the forces available for performance of functions related to disasters, emergencies, or civil defense emergencies; or
(4) Limit, modify, or abridge the authority of the Governor to proclaim martial law or exercise any other powers vested in him or her under the Constitution of Nebraska or the statutes or common law of this state independent of or in conjunction with any provisions of the Emergency Management Act.
Source
Laws 1951, c. 315, § 2(2), p. 1074;
R.R.S.1943, § 81-829.07;
Laws 1973, LB 494, § 3;
Laws 1996, LB 43, § 19.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-829.45 - Agency; weather conditions; continuously apprise.

81-829.45.
Agency; weather conditions; continuously apprise.
The Nebraska Emergency Management Agency shall keep continuously apprised of weather conditions which present danger of precipitation or other climatic activity severe enough to constitute a disaster or emergency.
Source
Laws 1973, LB 494, § 10;
Laws 1996, LB 43, § 25;
Laws 1996, LB 966, § 2.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-829.47 - Interjurisdictional emergency management arrangement; Governor findings.

81-829.47.
Interjurisdictional emergency management arrangement; Governor findings.
(1) If the Governor finds that two or more adjoining counties would be better served by an interjurisdictional emergency management arrangement than by maintaining separate emergency management organizations and services, he or she may delineate by order or regulation an interjurisdictional area adequate to plan for, prevent, or respond to a disaster, emergency, or civil defense emergency in that area and direct such steps to be taken as are necessary, including the creation of an interjurisdictional emergency management relationship, a joint emergency operations plan, mutual aid, or an interjurisdictional emergency management organization. A finding of the Governor pursuant to this subsection shall be based on one or more factors related to the difficulty of maintaining an efficient and effective disaster prevention, mitigation, preparedness, response, and recovery and emergency management system without such interjurisdictional arrangement, such as:
(a) Small or sparse population;
(b) Limitations on public financial resources severe enough to make maintenance of separate emergency management organizations and services unreasonably burdensome;
(c) Unusual vulnerability to disaster, emergency, or civil defense emergency as evidenced by past history, topographical features, drainage characteristics, potential for disaster, emergency, or civil defense emergency, and presence of facilities or operations prone to disaster, emergency, or civil defense emergency;
(d) The interrelated character of the counties in a multicounty area; or
(e) Other relevant conditions or circumstances.
(2) If the Governor finds that a vulnerable area lies only partly within this state and includes territory in another state or states and that it would be desirable to establish an interstate relationship, mutual aid, or an interstate emergency management organization, he or she shall take steps to that end as desirable. If this action is taken with jurisdictions that have enacted the Interstate Civil Defense and Disaster Compact, any resulting agreements may be considered supplemental agreements pursuant to Article 6 of that compact.
(3) If the other jurisdictions with which the Governor proposes to cooperate pursuant to subsection (2) of this section have not enacted the compact, he or she may negotiate special agreements with the jurisdictions. Any agreement, if sufficient authority for the making thereof does not otherwise exist, shall become effective only after its text has been communicated electronically to the Legislature and if the Legislature has not disapproved it prior to adjournment of the next session competent to consider it or within thirty days of its submission, whichever is later.
Source
Laws 1973, LB 494, § 12;
Laws 1996, LB 43, § 27;
Laws 2012, LB782, § 171.
Cross References
Interstate Civil Defense and Disaster Compact, see section 81-829.56.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-829.48 - Emergency management aid and assistance; mutual aid arrangements; interjurisdictional emergency management agreement.

81-829.48.
Emergency management aid and assistance; mutual aid arrangements; interjurisdictional emergency management agreement.
(1) The director or coordinator of each city, village, county, or interjurisdictional emergency management organization shall, in collaboration with other public and private entities within this state, develop or cause to be developed mutual aid arrangements for reciprocal emergency management aid and assistance in case of disaster, emergency, or civil defense emergency too great to be dealt with unassisted. Such arrangements shall be consistent with the state emergency operations plan, and in time of emergency it shall be the duty of each city, village, county, or interjurisdictional emergency management organization to render assistance in accordance with the provisions of such mutual aid arrangements.
(2) The director or coordinator of each city, village, county, or interjurisdictional emergency management organization may, subject to the approval of the Governor, enter into mutual aid arrangements with emergency management agencies or organizations in other states for reciprocal emergency management aid and assistance in case of disaster, emergency, or civil defense emergency too great to be dealt with unassisted.
(3) It shall be a sufficient reason for the Governor to require an interjurisdictional emergency management agreement or arrangement pursuant to section 81-829.47 if the area and local governments involved have available equipment, supplies, and forces necessary to provide mutual aid on a regional basis and that the local governments have not already made adequate provision for mutual aid, but in requiring the making of an interjurisdictional emergency management arrangement to accomplish the purposes of this section, the Governor need not require establishment and maintenance of an interjurisdictional emergency management organization or arrangement for any other disaster, emergency, or civil defense emergency purposes.
Source
Laws 1951, c. 315, § 8(1), p. 1080;
R.R.S.1943, § 81-829.19;
Laws 1973, LB 494, § 13;
Laws 1996, LB 43, § 28.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-829.49 - Local government, school district, or educational service unit appropriations.

81-829.49.
Local government, school district, or educational service unit appropriations.
Each local government, school district, or educational service unit shall have the power to make appropriations in the manner provided by law for making appropriations for the ordinary expenses of such local government, school district, or educational service unit for the payment of expenses of its city, village, county, school district, educational service unit, or interjurisdictional emergency management organization and in furthering the purposes of the Emergency Management Act.
Source
Laws 1951, c. 315, § 10(1), p. 1081;
R.R.S.1943, § 81-829.22;
Laws 1973, LB 494, § 14;
Laws 1996, LB 43, § 29;
Laws 2015, LB283, § 4.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-829.50 - Local emergency; declared; principal executive officer of a local government; effect; interjurisdictional emergency management organization.

81-829.50.
Local emergency; declared; principal executive officer of a local government; effect; interjurisdictional emergency management organization.
(1) A local emergency may be declared only by the principal executive officer of a local government who finds that conditions defined as a disaster or an emergency exist or by a person who by resolution has been authorized and designated by the governing board of a local government to determine that an emergency within the scope of his or her authorization exists. A copy of the resolution shall be filed with the Nebraska Emergency Management Agency to be effective. The proclamation shall continue in effect until the principal executive officer finds that the disaster or emergency has been dealt with to the extent that those conditions no longer exist. The local governing body by resolution may terminate a local state of emergency proclamation at any time, and upon such termination the principal executive officer shall terminate the proclamation. Any order or proclamation declaring, continuing, or terminating a local emergency shall be given prompt and general publicity and shall be filed promptly with the clerk of the local government and the Nebraska Emergency Management Agency.
(2) The effect of a declaration of a local emergency shall be to activate the response and recovery aspects of any and all applicable city, village, county, or interjurisdictional emergency operations plans and to authorize the furnishing of aid and assistance under such plans.
(3) No interjurisdictional emergency management organization or official thereof may declare a local emergency unless expressly authorized by the agreement pursuant to which the organization functions, but an interjurisdictional emergency management organization shall provide aid and services in accordance with the agreement and emergency operations plan pursuant to which it functions.
Source
Laws 1973, LB 494, § 15;
Laws 1996, LB 43, § 30.