reglab/statecodes huggingface dataset:
2023 Nebraska Revised Statutes › Chapter 80 - Servicemembers and Veterans › 80-604 - Veterans; mentally ill; order of commitment by court of another state; effect.

80-604.
Veterans; mentally ill; order of commitment by court of another state; effect.
The judgment or order of commitment by a court or board of competent jurisdiction of another state or of the District of Columbia committing a person to the United States Department of Veterans Affairs or other agency of the United States Government for care or treatment shall have the same force and effect, as to the committed person while in this state, as in the jurisdiction in which is situated the court or board entering the judgment or making the order. The courts or boards of the committing state or of the District of Columbia shall be deemed to have retained jurisdiction of the person so committed for the purpose of inquiring into the mental condition of such person and determining the necessity for continuance of restraint. Consent is hereby given to the application of the law of the committing state or district in respect to the authority of the chief officer of any hospital or facility of the department or of any institution operated in this state by any other agency of the United States to retain custody of, transfer, parole, or discharge the committed person.
Source
Laws 1947, c. 307, § 4, p. 937;
Laws 1991, LB 2, § 27.
2023 Nebraska Revised Statutes › Chapter 80 - Servicemembers and Veterans › 80-605 - Veterans; mentally ill; commitment; transfer; procedure.

80-605.
Veterans; mentally ill; commitment; transfer; procedure.
The appropriate official of the United States Department of Veterans Affairs or other agency of the United States shall have authority to transfer any person committed to the United States Department of Veterans Affairs or other appropriate agency of the United States or to a hospital maintained by either to any other hospital operated by the United States Department of Veterans Affairs or any other agency of the United States, to any licensed private institution, or, subject to the prior approval of the Department of Health and Human Services, to any Nebraska state hospital for the mentally ill. The Department of Health and Human Services, upon written consent of the legal guardian of the patient or the written approval of the county board of mental health which committed such patient if no such guardian has been appointed, shall have the authority, subject to eligibility and the prior approval of the appropriate official of the United States Department of Veterans Affairs or other appropriate agency of the United States Government, to transfer for care or treatment any patient committed to a Nebraska state hospital for the care of the mentally ill to the United States Department of Veterans Affairs or other appropriate agency of the United States Government. Upon any such transfer and notice thereof by mail to the committing court or the judge thereof or the committing board, the original commitment of such person shall be deemed to constitute commitment to the United States Department of Veterans Affairs or other agency of the United States or to the state hospital or licensed institution to which such person may, from time to time, be so transferred.
Source
Laws 1947, c. 307, § 5, p. 938;
Laws 1947, c. 308, § 1, p. 939;
Laws 1991, LB 2, § 28;
Laws 1997, LB 307, § 214.
Cross References
Department of Health and Human Services, institutions controlled by, see section 83-108.
2023 Nebraska Revised Statutes › Chapter 80 - Servicemembers and Veterans › 80-606 - Department of Health and Human Services; hospitals of federal government; lack of control.

80-606.
Department of Health and Human Services; hospitals of federal government; lack of control.
Nothing in sections 80-601 to 80-606 shall be construed as conferring upon the Department of Health and Human Services or other agency or officer of this state any power of licensing, supervision, inspection, or control over hospitals or other institutions operated by the United States Government or over the officers or employees therein.
Source
Laws 1947, c. 307, § 6, p. 939;
Laws 1996, LB 1044, § 834.
2023 Nebraska Revised Statutes › Chapter 80 - Servicemembers and Veterans › 80-701 - Minority; effect.

80-701.
Minority; effect.
The disability of minority of any person otherwise eligible for a loan or for guaranty or insurance of a loan pursuant to the Act of the Congress of the United States entitled the Servicemen's Readjustment Act of 1944, as heretofore or hereafter amended, and of the minor spouse of any eligible veteran in connection with any transaction entered into pursuant to such Act of the Congress of the United States, as heretofore or hereafter amended, shall not affect the binding effect of any obligation incurred by such eligible person or spouse as an incident to any such transaction, including incurring of indebtedness and acquiring, encumbering, selling, releasing, or conveying property or any interest therein, if all or part of any such obligation is guaranteed or insured by the federal government or the Secretary of Veterans Affairs pursuant to the act and amendments thereto or, if the secretary is the creditor, by reason of a loan or a sale pursuant to such act and amendments thereto. This section shall not create or render enforceable any other or greater rights or liabilities than would exist if neither such person nor such spouse were a minor.
Source
Laws 1953, c. 327, § 1, p. 1081;
Laws 1991, LB 2, § 29.
2023 Nebraska Revised Statutes › Chapter 80 - Servicemembers and Veterans › 80-901 - Member of Active Selected Reserve; tuition credit; amount; duration.

80-901.
Member of Active Selected Reserve; tuition credit; amount; duration.
Any Nebraska resident who is a member of a Nebraska-based unit of the Active Selected Reserve of the armed forces of the United States, who meets the requirements set forth in section 80-902 and complies with section 80-903, and who enrolls in any state-supported university, college, or community college in this state shall be entitled to a credit of (1) seventy-five percent of the resident tuition charges of such school for a diploma, certificate, associate degree, or baccalaureate degree program or (2) fifty percent of the resident tuition charges of such school for a graduate or professional degree program. Such entitlement shall be continuous so long as the member maintains satisfactory service in the Active Selected Reserve and pursues a course of study in a manner which satisfies the normal requirements of the university, college, or community college.
Source
Laws 1976, LB 266, § 1;
Laws 2021, LB4, § 1.
2023 Nebraska Revised Statutes › Chapter 80 - Servicemembers and Veterans › 80-902 - Tuition credit; conditions.

80-902.
Tuition credit; conditions.
(1) In order to qualify for the tuition credit provided for in section 80-901, a member of the Active Selected Reserve shall have agreed to serve a minimum of three years in the reserve and pursue a course of study leading to a diploma, certificate, associate degree, baccalaureate degree, graduate degree, or professional degree.
(2) There shall be no lifetime limit on tuition credit for any qualifying member.
(3) Such entitlement shall not be granted to more than two hundred individuals in any calendar year.
Source
Laws 1976, LB 266, § 2;
Laws 2021, LB4, § 2.
2023 Nebraska Revised Statutes › Chapter 80 - Servicemembers and Veterans › 80-903 - Member of Active Selected Reserve; responsibility to obtain certificate of performance; prerequisite to tuition credit.

80-903.
Member of Active Selected Reserve; responsibility to obtain certificate of performance; prerequisite to tuition credit.
It shall be the responsibility of the individual member of the Active Selected Reserve to obtain a certificate from the member's commanding officer attesting to the member's satisfactory performance and to submit it to the Director of Veterans' Affairs who, if finding that granting the entitlement will not exceed the limitation of entitlements provided in section 80-902, shall endorse the certificate of performance as approved and return it to the member for presentation to the college or university in order to obtain tuition credit upon initial enrollment. Such certification, without the necessity of endorsement by the Director of Veterans' Affairs, shall be accomplished and presented at the time of enrollment for each subsequent term for which tuition credit is requested.
Source
Laws 1976, LB 266, § 3;
Laws 2021, LB4, § 3.
2023 Nebraska Revised Statutes › Chapter 80 - Servicemembers and Veterans › 80-1001 - Service providers; intake forms and interviews; question regarding military service; departments; duties.

80-1001.
Service providers; intake forms and interviews; question regarding military service; departments; duties.
The Department of Health and Human Services and Department of Veterans' Affairs shall work jointly to encourage service providers in their respective departments and in other state and local agencies and departments to ask the question "Have you or a family member ever served in the military?". The question should be included in intake forms and interviews where appropriate, including, but not limited to, at hospitals, mental health care centers, senior centers, employment offices, courts, and schools and in encounters with law enforcement.
Source
Laws 2020, LB755, § 46.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-103 - Department heads; salaries; powers of Governor.

81-103.
Department heads; salaries; powers of Governor.
The Governor shall have authority to establish the salaries of all persons connected with the various departments including the heads thereof.
Source
Laws 1929, c. 51, § 3, p. 210;
C.S.1929, § 81-103;
Laws 1933, c. 149, § 3, p. 572;
Laws 1937, c. 194, § 1, p. 789;
Laws 1941, c. 181, § 1, p. 712;
C.S.Supp.,1941, § 81-103;
Laws 1943, c. 212, § 1, p. 698;
R.S.1943, § 81-103;
Laws 1945, c. 223, § 1, p. 667;
Laws 1947, c. 309, § 1, p. 941;
Laws 1951, c. 303, § 3, p. 996;
Laws 1953, c. 335, § 2, p. 1100;
Laws 1957, c. 365, § 10, p. 1237;
Laws 1957, c. 366, § 53, p. 1283;
Laws 1957, c. 367, § 8, p. 1292;
Laws 1959, c. 425, § 3, p. 1428;
Laws 1961, c. 415, § 31, p. 1261;
Laws 1961, c. 416, § 11, p. 1269;
Laws 1963, c. 507, § 1, p. 1614;
Laws 1963, c. 503, § 2, p. 1607;
Laws 1963, c. 505, § 1, p. 1612;
Laws 1963, c. 504, § 3, p. 1610;
Laws 1965, c. 543, § 1, p. 1730.
Cross References
Commissioner of Labor, additional salary, see section 48-605.
Annotations
Salaries of executive officers were fixed by Legislature and could not be increased during term. State ex rel. Laughlin v. Johnson, 156 Neb. 671, 57 N.W.2d 531 (1953).
Authority is vested in Governor to establish salaries for all persons connected with executive departments, including the heads thereof. State ex rel. Johnson v. Chase, 147 Neb. 758, 25 N.W.2d 1 (1946).
Attempt to reduce salaries of department heads was invalid because act failed to amend this section. State ex rel. Day v. Hall, 129 Neb. 699, 262 N.W. 850 (1935); State ex rel. Taylor v. Hall, 129 Neb. 669, 262 N.W. 835 (1935).
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-104 - Expending agency; special funds; available for expenditure upon approval of estimate of expenses.

81-104.
Expending agency; special funds; available for expenditure upon approval of estimate of expenses.
No appropriation from any fund except the General Fund shall become available for expenditure for any expending agency until such department shall submit to the Governor estimates of the amount required for each activity to be carried on, and such estimates shall have been approved by the Governor. A statement of the estimates as allowed shall be promptly furnished the Director of Administrative Services for his guidance.
Source
Laws 1929, c. 51, § 4, p. 210;
C.S.1929, § 81-104;
R.S.1943, § 81-104.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-104.01 - Agency; petty cash funds; how established; voucher; warrant.

81-104.01.
Agency; petty cash funds; how established; voucher; warrant.
Whenever a need exists, the executive head of any agency of state government may make application to the Director of Administrative Services and the Auditor of Public Accounts to establish and maintain a petty cash fund of not less than twenty-five dollars nor more than three hundred dollars at a specific location in this state. Such application shall specify the purpose for which the fund is to be used. When the Director of Administrative Services and the Auditor of Public Accounts have approved the establishment of any such fund, a voucher shall be submitted to the Department of Administrative Services accompanied by such information as the department may require for the establishment thereof. The Director of Administrative Services shall issue a warrant for the amount specified and deliver it to the establishing agency. The funds to initiate the petty cash fund shall be drawn from the appropriate fund of the agency based on the use of the petty cash fund. When it becomes necessary to replenish any such fund, the voucher therefor shall be accompanied by an accounting of transactions of the fund in such form and detail as the Department of Administrative Services may provide.
Source
Laws 1977, LB 513, § 1;
Laws 1984, LB 933, § 10;
Laws 1986, LB 930, § 2.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-106 - Tax Commissioner; examination and audit of books of Auditor of Public Accounts; report to Governor and Clerk of the Legislature.

81-106.
Tax Commissioner; examination and audit of books of Auditor of Public Accounts; report to Governor and Clerk of the Legislature.
The Tax Commissioner shall annually examine and audit or supervise and direct the examination and audit of the books, accounts, vouchers, records, and expenditures of the office of Auditor of Public Accounts and report promptly to the Governor and the Clerk of the Legislature the result of such examination and audit. The report submitted to the Clerk of the Legislature shall be submitted electronically. Each member of the Legislature shall receive an electronic copy of such report by making a request for it to the Tax Commissioner.
Source
Laws 1929, c. 51, § 6, p. 211;
C.S.1929, § 81-106;
Laws 1933, c. 96, § 15, p. 394;
Laws 1941, c. 180, § 6, p. 703;
C.S.Supp.,1941, § 81-106;
Laws 1943, c. 216, § 1, p. 710;
R.S.1943, § 81-106;
Laws 1951, c. 310, § 1, p. 1063;
Laws 1955, c. 231, § 14, p. 724;
Laws 1965, c. 538, § 28, p. 1714;
Laws 1979, LB 322, § 39;
Laws 2012, LB782, § 164.
Cross References
Legislative purpose, Department of Administrative Services, see section 81-1101.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-107 - Departments; assistants and employees; appointment; termination; compensation.

81-107.
Departments; assistants and employees; appointment; termination; compensation.
The Governor shall, in each department, have the power to appoint such deputies, assistants, employees, and clerical help, as shall be necessary or essential to the economical, efficient and proper enforcement and administration of the laws of the state, and shall at the same time fix the salaries of such appointees and prescribe their duties. The Governor shall also have the power to discontinue the service of the head of any department or any employee when, in his judgment, the same is no longer necessary. Such an appointee may be required to serve in one or more departments and may be transferred from one department to another from time to time as an efficient and economical administration shall require. The Governor shall confer with the heads of the several departments who shall make recommendations to the Governor, from time to time, relative to appointments, services, salaries, and duties of the appointees for their respective departments. In providing for deputies, assistants, employees, or clerical help, the total expenditures for the biennium shall not exceed the appropriation made by the Legislature for such departments.
Source
Laws 1919, c. 190, § 5, p. 437;
C.S.1922, § 7246;
C.S.1929, § 81-108;
R.S.1943, § 81-107;
Laws 1945, c. 238, § 24, p. 715;
Laws 1951, c. 311, § 6, p. 1068.
Annotations
Possibility of discontinuance of office does not prevent officer from having definite term. State ex rel. Laughlin v. Johnson, 156 Neb. 671, 57 N.W.2d 531 (1953).
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-108 - Department heads; restrictions on office holding or employment; exceptions.

81-108.
Department heads; restrictions on office holding or employment; exceptions.
(1) Except as provided in subsection (2) of this section, no head of any department referred to in section 81-101 shall hold any other public office or receive any profit from any other public or private employment. For purposes of this section, employment shall not be interpreted to mean membership on the board of directors of any corporation, business, or association, whether or not the head of the department receives compensation for such membership.
(2) Nothing in this section shall be interpreted as prohibiting the head of one of the departments referred to in section 81-101 from serving on any public advisory or policymaking board, commission, committee, or council.
Source
Laws 1919, c. 190, § 6, p. 438;
C.S.1922, § 7247;
C.S.1929, § 81-109;
R.S.1943, § 81-108;
Laws 1953, c. 335, § 3, p. 1101;
Laws 1955, c. 329, § 5, p. 1027;
Laws 1959, c. 424, § 2, p. 1423;
Laws 1981, LB 249, § 5;
Laws 1983, LB 82, § 1;
Laws 1991, LB 852, § 1;
Laws 2009, LB322, § 4.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-109 - Department heads; serve without term.

81-109.
Department heads; serve without term.
Each head of a department shall serve without term.
Source
Laws 1919, c. 190, § 8, p. 438;
C.S.1922, § 7249;
C.S.1929, § 81-111;
R.S.1943, § 81-109;
Laws 1963, c. 335, § 4, p. 1101;
Laws 1953, c. 506, § 1, p. 1613;
Laws 1963, c. 507, § 2, p. 1614;
Laws 1965, c. 543, § 2, p. 1730;
Laws 1981, LB 249, § 6;
Laws 1999, LB 36, § 37;
Laws 2007, LB334, § 104.
Annotations
Provision relating to fixation of term has no application to Department of Aeronautics. State ex rel. Beck v. Obbink, 172 Neb. 242, 109 N.W.2d 288 (1961).
Possibility of removal from office does not prevent officer from having definite term. State ex rel. Laughlin v. Johnson, 156 Neb. 671, 57 N.W.2d 531 (1953).
Head of department herein referred to represents exactly the same head of executive department referred to in the Constitution. State ex rel. Johnson v. Chase, 147 Neb. 758, 25 N.W.2d 1 (1946).
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-110 - Departments; officers; oath.

81-110.
Departments; officers; oath.
Each head of a department, deputy, and assistant shall, before entering upon the duties of his office, subscribe and take the constitutional oath of office, which shall be filed in the office of the Secretary of State.
Source
Laws 1919, c. 190, § 9, p. 438;
C.S.1922, § 7250;
C.S.1929, § 81-112;
R.S.1943, § 81-110.
Cross References
For a form of oath, see Article XV, section 1, Constitution of Nebraska, and sections 11-101 and 11-101.01.
Annotations
Head of department herein referred to represents exactly the same head of executive department referred to in the Constitution. State ex rel. Johnson v. Chase, 147 Neb. 758, 25 N.W.2d 1 (1946).
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-111 - Departments; officers; bond or insurance required.

81-111.
Departments; officers; bond or insurance required.
Each head of a department shall be bonded or insured as required by section 11-201, which bond or policy shall be filed in the office of the Secretary of State.
Source
Laws 1919, c. 190, § 10, p. 438;
C.S.1922, § 7251;
C.S.1929, § 81-113;
R.S.1943, § 81-111;
Laws 1947, c. 16, § 5, p. 101;
Laws 1967, c. 36, § 6, p. 163;
Laws 1978, LB 653, § 30;
Laws 2004, LB 884, § 39.
Cross References
For bond, see section 11-102 and Chapter 11, article 2.
Annotations
Head of department herein referred to represents exactly the same head of executive department referred to in the Constitution. State ex rel. Johnson v. Chase, 147 Neb. 758, 25 N.W.2d 1 (1946).
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-112 - Department heads; rules and regulations; power to make.

81-112.
Department heads; rules and regulations; power to make.
The head of each department is empowered to prescribe regulations, not inconsistent with law, for the government of his department, the conduct of its employees and clerks, the distribution and performance of its business, and the custody, use and preservation of the records, papers, books, documents and property pertaining thereto.
Source
Laws 1919, c. 190, § 11, p. 439;
C.S.1922, § 7252;
C.S.1929, § 81-114;
R.S.1943, § 81-112.
Annotations
Head of department herein referred to represents exactly the same head of executive department referred to in the Constitution. State ex rel. Johnson v. Chase, 147 Neb. 758, 25 N.W.2d 1 (1946).
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-113 - Departments; business hours.

81-113.
Departments; business hours.
Each department shall be open for the transaction of business at least from 8 a.m. until 5 p.m., of each day except Saturdays, Sundays, and days declared by statutory enactment or proclamation of the President or Governor to be holidays.
Source
Laws 1919, c. 190, § 13, p. 439;
C.S.1922, § 7254;
C.S.1929, § 81-115;
R.S.1943, § 81-113.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-114 - Departments; official seal.

81-114.
Departments; official seal.
Each department shall adopt an official seal.
Source
Laws 1919, c. 190, § 14, p. 439;
C.S.1922, § 7255;
C.S.1929, § 81-116;
R.S.1943, § 81-114.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-117.01 - Terms, defined.

81-117.01.
Terms, defined.
As used in section 81-117, unless the context otherwise requires:
(1) Employee shall mean an employee of any state agency, department, commission, board, or office, except (a) state employees who hold a publicly elected office of the State of Nebraska, (b) state employees who serve as a chief administrative officer for a state agency, department, commission, board, or office, and (c) all academic personnel of the University of Nebraska and the state colleges;
(2) Department shall mean and include any state agency, department, commission, board, or office, specifically including the University of Nebraska and the state colleges; and
(3) Overtime pay is computed on the basis of hours worked.
Source
Laws 1977, LB 88, § 1.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-117.02 - Compensatory time off or payment; when not applicable.

81-117.02.
Compensatory time off or payment; when not applicable.
The payment or granting of compensatory time off in lieu of payment as prescribed in sections 81-117 to 81-117.02 shall not apply to (1) agency heads, their deputies and assistants, (2) chiefs of divisions, bureaus, or comparable organizational elements, and (3) other professional, executive, and administrative employees occupying classes of positions that by custom in business, industry, and other governmental jurisdictions are normally exempt from receiving overtime pay and may require the individual to work extra and irregular hours and that acceptance of such position constitutes the employee's acknowledgment that such requirement is a part of an obligation to the state as an employee thereof. The term deputy as used in this section shall not apply to the deputy state fire marshals or deputy state sheriffs.
Source
Laws 1977, LB 88, § 3.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-118 - Departments; receipts; payment to treasury; expenditures; when authorized.

81-118.
Departments; receipts; payment to treasury; expenditures; when authorized.
The gross amount of money received by every department, from whatever source, belonging to or for the use of the state, shall be paid into the state treasury in accordance with section 84-710, without any deduction on account of salaries, fees, costs, charges, expenses, or claims of any description whatever. No money belonging to or for the use of the state shall be expended or applied by any department except in consequence of an appropriation made by law and upon the warrant of the Director of Administrative Services.
Source
Laws 1919, c. 190, § 19, p. 440;
C.S.1922, § 7260;
C.S.1929, § 81-120;
R.S.1943, § 81-118;
Laws 2021, LB509, § 19.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-119 - Departments; investigations; power to compel testimony and produce documents.

81-119.
Departments; investigations; power to compel testimony and produce documents.
Each department created by section 81-101 shall have power through its head, or any deputy, assistant, or employee, when authorized by him or her, to make a thorough investigation into all the books, papers, and affairs of any person, firm, or corporation when in the judgment of such department such examination is necessary to the proper performance of its duties and the efficient enforcement of the laws. Such department may subpoena witnesses to attend investigative hearings and have such witnesses bring with them books, accounts, and documents necessary for a thorough investigation. Such witnesses may be examined under oath. These powers shall not be used for criminal investigations.
Source
Laws 1919, c. 190, § 24, p. 442;
C.S.1922, § 7265;
C.S.1929, § 81-123;
R.S.1943, § 81-119;
Laws 2008, LB952, § 1.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-120 - State agency; securities; held for safekeeping; book entry account.

81-120.
State agency; securities; held for safekeeping; book entry account.
Any state agency which receives and holds securities for safekeeping purposes may hold and evidence such securities by book entry account rather than obtaining and retaining the original certificate.
Source
Laws 1978, LB 763, § 3;
R.S.1943, (1989), § 24-604.01;
Laws 1990, LB 824, § 1.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-125.01 - State budget; include reserve.

81-125.01.
State budget; include reserve.
The Governor, when preparing the budget provided for in section 81-125, and the Legislature, when preparing its proposed budget, shall include a reserve requirement, calculated pursuant to subsection (1) of section 77-2715.01, of not less than three percent of the appropriations included in such budget, except that for the biennium ending June 30, 2019, the percentage shall not be less than two and one-half percent.
Source
Laws 1982, LB 757, § 3;
Laws 1983, LB 59, § 10;
Laws 1985, LB 282, § 2;
Laws 2017, LB331, § 43.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-126 - Governor; recommendations as to deficiency funding; bill form.

81-126.
Governor; recommendations as to deficiency funding; bill form.
(1) The Governor shall present to each regular session of the Legislature his or her recommendations as to such deficiency funding requirements as he or she deems necessary for the continued operations of the various agencies, boards, and commissions of state government. The recommendations shall be in bill form and introduced to the Legislature as recommendations of the chief administrative office of the state, based upon the financial records and knowledge of the specific problems as brought to the attention of the Department of Administrative Services.
(2) For the purposes of subsection (1) of this section and the implementation of Article III, section 22, of the Constitution of Nebraska, deficiency shall mean any decrease or increase in any fund source for any budget program for the biennium in progress.
Source
Laws 1974, LB 1059, § 18;
Laws 1978, LB 526, § 1;
R.S.1943, (1984), § 50-423;
Laws 1986, LB 258, § 8.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-129 - Director of Administrative Services; investigation of all spending agencies; reports.

81-129.
Director of Administrative Services; investigation of all spending agencies; reports.
It shall be the duty of the Director of Administrative Services to keep in close communication with each department, office, board, bureau, commission, or institution in the state for which money is to be appropriated and expended, including the executive and judicial departments, state colleges, university, and state institutions. The director shall make or cause to be made under his or her supervision an investigation of the needs and requirements thereof and whether the appropriations are being judiciously and economically expended for the purposes for which they were made and shall transmit to the Governor and to the expending agency a complete report of each such investigation. In making such inspections and investigations, he or she shall, at all reasonable times, have access to the offices of all state departments, boards, bureaus, commissions, and institutions and all public works of the state and may, for the purpose of obtaining information as to the operation and fiscal needs thereof, examine the books, papers, and public records therein, and the activities shall, through their proper officers, furnish such data, information, or statements as may be requested of them.
Source
Laws 1921, c. 210, § 5, p. 747;
C.S.1922, § 7272;
C.S.1929, § 81-305;
R.S.1943, § 81-129;
Laws 1987, LB 31, § 4.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-132 - State budget; departmental budget estimates; duty to submit; contents; proposed changes; filing.

81-132.
State budget; departmental budget estimates; duty to submit; contents; proposed changes; filing.
(1) All departments, offices, institutions, and expending agencies of the state government requesting appropriations for the next biennium shall file in the office of the Director of Administrative Services the budget forms furnished them by the director under the provisions of sections 81-1113 and 81-1113.01. Such budget forms shall be filed on or before September 15 of each even-numbered year. The forms shall show their total estimated requirements for the next biennium for each unit of their organization and activity classified as to object of expenditure. With such forms, each department, office, institution, and expending agency shall file a report showing all money received by such department, office, institution, or expending agency together with the estimated receipts for the next biennium. Such estimates shall be accompanied by a statement in writing giving facts and explanations of reasons for each item of increased appropriation requested. The report submitted by the Department of Health and Human Services shall include, but not be limited to, the key goals, benchmarks, and progress reports required pursuant to sections 81-3133 to 81-3133.03.
(2) Any department, office, institution, or expending agency proposing changes to its appropriation for the biennium in progress shall file in the office of the Director of Administrative Services the budget forms for requesting such changes furnished by the director under the provisions of sections 81-1113 and 81-1113.01. Such forms shall be filed on or before October 24 of each odd-numbered year.
Source
Laws 1921, c. 210, § 8, p. 748;
C.S.1922, § 7275;
C.S.1929, § 81-308;
R.S.1943, § 81-132;
Laws 1978, LB 526, § 3;
Laws 1986, LB 258, § 25;
Laws 2002, Second Spec. Sess., LB 12, § 2;
Laws 2012, LB949, § 2;
Laws 2014, LB974, § 4;
Laws 2016, LB1092, § 2.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-133 - State budget; estimates and recommendations; duty of Director of Administrative Services.

81-133.
State budget; estimates and recommendations; duty of Director of Administrative Services.
The Director of Administrative Services may, at the direction of the Governor, make further inquiry and investigation as to any item requested. He shall compile the requests of the different departments, offices, institutions and expending agencies of the state into a consolidated budget, together with his recommendation as to each item contained in the budget, and shall file the same with the Governor not later than November 15 preceding the convening of the regular session of the Legislature. He shall file with the Governor also all supporting schedules and written explanations furnished by the different agencies of the state.
Source
Laws 1921, c. 210, § 9, p. 748;
C.S.1922, § 7276;
C.S.1929, § 81-309;
R.S.1943, § 81-133.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-134 - State budget; departmental budget estimates; Governor may alter.

81-134.
State budget; departmental budget estimates; Governor may alter.
The Governor shall have the right and authority to raise, lower or reject any requested appropriation or item therein, but in making any changes whatsoever, he shall give his reasons therefor in transmitting the budget to the Legislature.
Source
Laws 1921, c. 210, § 10, p. 749;
C.S.1922, § 7277;
C.S.1929, § 81-310;
R.S.1943, § 81-134.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-135 - State budget; departmental needs; duty to supply information requested by Governor.

81-135.
State budget; departmental needs; duty to supply information requested by Governor.
The departments, offices and institutions, and other agencies, shall upon request of the Governor furnish him any additional information which he may desire relative to their estimated requirements, expenditures or receipts.
Source
Laws 1921, c. 210, § 11, p. 749;
C.S.1922, § 7278;
C.S.1929, § 81-311;
R.S.1943, § 81-135.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-136 - State budget; estimates; hearing; when authorized.

81-136.
State budget; estimates; hearing; when authorized.
The Governor may provide for public hearings on any and all estimates included in the budget, which shall be held between November 15 and December 15 in the year preceding the regular session of the Legislature.
Source
Laws 1921, c. 210, § 12, p. 749;
C.S.1922, § 7279;
C.S.1929, § 81-312;
R.S.1943, § 81-136.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-137 - State budget; appropriations bill; increase; when authorized.

81-137.
State budget; appropriations bill; increase; when authorized.
The Governor shall also submit to the Legislature, at the same time he or she submits the budget, copies of a tentative bill for all proposed appropriations of the budget clearly itemized and properly classified, for the ensuing appropriation period, and no appropriation shall be made in excess of the items and recommendations contained in the budget unless by a three-fifths vote of the Legislature, but any item or recommendation therein contained may be rejected or decreased in amount.
Source
Laws 1921, c. 210, § 13, p. 749;
C.S.1922, § 7280;
C.S.1929, § 81-313;
R.S.1943, § 81-137;
Laws 1971, LB 28, § 1;
Laws 1984, LB 933, § 11.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-138 - Appropriations; quarterly estimates required before expending.

81-138.
Appropriations; quarterly estimates required before expending.
No appropriation shall become available for expenditure to any expending agency until such department has submitted to the Director of Administrative Services quarterly estimates of the amount required in each fiscal year's quarter for each activity to be carried on and such estimates have been approved by the Governor. Accounts shall be kept and reports rendered showing the expenditures for each such purpose.
Source
Laws 1921, c. 210, § 15, p. 749;
C.S.1922, § 7282;
C.S.1929, § 81-315;
R.S.1943, § 81-138;
Laws 1986, LB 258, § 26.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-138.01 - Valid encumbrance; what constitutes.

81-138.01.
Valid encumbrance; what constitutes.
For appropriation and expenditure purposes, encumbrances represent financial obligations which are chargeable to the current biennium's appropriation and for which a part of that appropriation is reserved. Encumbrances which are established in one biennium to be liquidated in a subsequent biennium shall be limited to the following types of transactions:
(1) A purchase order is issued, but the goods and accompanying invoice were not received and paid during the same biennium;
(2) Goods or services were received, but an invoice has not been received and paid;
(3) Goods or services and an invoice were received, but payment could not be made during the same biennium;
(4) Salaries have been earned and are payable to the employees, but have not been paid as of the end of the biennium as a result of pay periods not being consistent with the end of the biennium, except that higher education institutions may encumber payrolls for the remainder of the summer session which is in progress at the end of the state's biennium if they have been budgeted and appropriated in such manner; and
(5) A written agreement for a grant or award to distribute aid was signed but was not paid during the same biennium.
Source
Laws 1979, LB 233, § 1;
Laws 1986, LB 258, § 27;
Laws 1991, LB 651, § 1.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-138.02 - Contracts; not valid encumbrances; exception.

81-138.02.
Contracts; not valid encumbrances; exception.
Contracts, other than a purchase order, for goods or services to be provided in a subsequent biennium do not represent valid encumbrances of current biennium appropriations and will require specific reappropriation by the Legislature. Only that portion of a contract which meets the criteria established in subdivision (2) of section 81-138.01 may be encumbered.
Source
Laws 1979, LB 233, § 2;
Laws 1986, LB 258, § 28.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-138.03 - Encumbrance; when paid; lapse.

81-138.03.
Encumbrance; when paid; lapse.
An encumbrance established in one biennium may only be carried over into the subsequent biennium. Any encumbrance shall be paid during the first biennium following the biennium in which established or shall be lapsed to the fund from which appropriated at the end of the first fiscal period following the biennium in which such encumbrance is established.
Source
Laws 1979, LB 233, § 3;
Laws 1986, LB 258, § 29.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-138.04 - State budget officer; review encumbrances; lapse.

81-138.04.
State budget officer; review encumbrances; lapse.
At the end of each biennium, the state budget officer shall review all encumbrances established in the preceding biennium and take appropriate action to lapse those encumbrances which do not meet the provisions of sections 81-138.01 to 81-138.04.
Source
Laws 1979, LB 233, § 4;
Laws 1986, LB 258, § 30.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-145 - Materiel division; terms, defined.

81-145.
Materiel division; terms, defined.
As used in sections 81-145 to 81-162, unless the context otherwise requires:
(1) Materiel division means the head of the division of the state government charged with the administration of sections 81-145 to 81-162 and 81-1118 to 81-1118.06, which division shall be a part of and subject to the supervision of the office of the Director of Administrative Services;
(2) Personal property includes all materials, supplies, furniture, equipment, printing, stationery, automotive and road equipment, and other chattels, goods, wares, and merchandise whatsoever;
(3) Using agencies means and includes all officers of the state, departments, bureaus, boards, commissions, councils, and institutions receiving legislative appropriations, except that using agencies does not include the University of Nebraska and the Nebraska state colleges; and
(4) Lease or contract means an agreement entered into by the state or using agency with another party whereby, for a stated consideration, the state or using agency is to receive the personal property or use thereof furnished by the other party.
Source
Laws 1943, c. 215, § 1, p. 704;
R.S.1943, § 81-145;
Laws 1963, c. 508, § 1, p. 1616;
Laws 1965, c. 538, § 29, p. 1714;
Laws 1975, LB 359, § 3;
Laws 1975, LB 447, § 1;
Laws 1992, LB 1241, § 12;
Laws 2000, LB 654, § 5;
Laws 2023, LB705, § 103.
Operative Date: September 2, 2023
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-146 - Sections; applicability.

81-146.
Sections; applicability.
Sections 81-145 to 81-162 and 81-1118 to 81-1118.03 shall not apply:
(1) To the erection, construction, or original equipment of any building or addition thereto, to the construction of any road or bridge, or to the performance of any like work;
(2) To the purchase or use of the products of the labor of the inmates of any charitable, reformatory, or penal institution of the state, but section 83-146 shall apply to such products; or
(3) To the leasing by the state or a using agency of real property.
Source
Laws 1943, c. 215, § 2, p. 705;
R.S.1943, § 81-146;
Laws 1957, c. 368, § 1, p. 1294;
Laws 1963, c. 508, § 2, p. 1616;
Laws 1975, LB 359, § 4;
Laws 1981, LB 381, § 1;
Laws 1992, LB 1241, § 13.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-147 - Materiel administrator; appointment.

81-147.
Materiel administrator; appointment.
The materiel administrator shall be appointed by the Director of Administrative Services.
Source
Laws 1943, c. 215, § 3, p. 705;
R.S.1943, § 81-147;
Laws 1959, c. 427, § 1, p. 1430;
Laws 1969, c. 780, § 1, p. 2954.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-148 - Materiel administrator; salary.

81-148.
Materiel administrator; salary.
The compensation of the head of the materiel division, who shall be designated as the materiel administrator, shall be fixed by the Director of Administrative Services subject to availability of appropriations.
Source
Laws 1943, c. 215, § 4, p. 705;
R.S.1943, § 81-148;
Laws 1945, c. 223, § 2, p. 668;
Laws 1951, c. 338, § 6, p. 1118;
Laws 1957, c. 368, § 2, p. 1294;
Laws 1963, c. 508, § 3, p. 1616;
Laws 1967, c. 612, § 2, p. 2059;
Laws 1969, c. 780, § 2, p. 2955.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-149 - Materiel administrator; qualifications.

81-149.
Materiel administrator; qualifications.
The materiel administrator shall have had at least three years practical experience, in the ten years immediately preceding appointment, as an executive in a regularly organized purchasing department of some branch of government, municipal, state, or federal, or of some private business firm or corporation. He or she shall not be, at any time during his or her term of office, connected, interested, or otherwise concerned, directly or indirectly, with any person, partnership, limited liability company, firm, association, corporation, or other vendor, agent, or intermediary, from or through whom any purchases or contracts for purchases shall be made by him or her during his or her incumbency in office.
Source
Laws 1943, c. 215, § 5, p. 705;
R.S.1943, § 81-149;
Laws 1963, c. 508, § 5, p. 1617;
Laws 1975, LB 447, § 2;
Laws 1993, LB 121, § 521;
Laws 2000, LB 654, § 6.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-150 - Materiel administrator; oath.

81-150.
Materiel administrator; oath.
Before entering upon the discharge of his or her duties, the materiel administrator shall take and subscribe an oath, to be filed in the office of the Secretary of State, to the effect:
(1) That he or she will support the Constitution of the United States and the Constitution of Nebraska;
(2) That he or she will faithfully and impartially discharge the duties of his or her office; and
(3) That he or she is not then and will not be, at any time during his or her term of office, connected, interested, or otherwise concerned, directly or indirectly, with any person, partnership, limited liability company, firm, association, corporation, or other vendor, agent, or intermediary from or through whom any purchases or contracts for purchase, shall be made by him or her during his or her incumbency in office.
Source
Laws 1943, c. 215, § 6, p. 706;
R.S.1943, § 81-150;
Laws 1993, LB 121, § 522;
Laws 2000, LB 654, § 7.
Cross References
For form of oath, see sections 11-101 to 11-101.03.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-151 - Materiel administrator; bond or insurance.

81-151.
Materiel administrator; bond or insurance.
Before entering upon the discharge of his or her duties, the materiel administrator shall be bonded or insured as required by section 11-201. Neither expiration of term of office nor removal therefrom shall operate as a discharge of the bond or termination of the insurance, but it shall remain in full force and effect as provided by law. The premium shall be paid by the state.
Source
Laws 1943, c. 215, § 7, p. 706;
R.S.1943, § 81-151;
Laws 1978, LB 653, § 31;
Laws 2000, LB 654, § 8;
Laws 2004, LB 884, § 40.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-154 - Materiel division; standard specifications; establish and maintain; cooperation of using agencies; competitive bids.

81-154.
Materiel division; standard specifications; establish and maintain; cooperation of using agencies; competitive bids.
The materiel division shall establish and maintain standard specifications for personal property purchased in the name of the state. The materiel division shall enlist the cooperation and assistance of the using agencies in the establishment, maintenance, and revision of standard specifications and shall encourage and foster the use of standard specifications in order that the most efficient purchase of personal property may be continuously accomplished. All such standard specifications shall be so drawn that it will be possible for three or more manufacturers, vendors, or suppliers to submit competitive bids. If a requisition for personal property exceeds fifty thousand dollars and bids cannot be obtained from three bidders, then the standard specifications of the personal property upon which bids are sought shall be reviewed by the materiel division and the using agencies involved. If it is determined by the materiel division, because of the special nature of the personal property sought to be purchased or leased or for any other reason, that the standard specifications should remain as written, bids may be accepted from a fewer number of bidders than three with the approval of the Governor or his or her designated representative.
Source
Laws 1943, c. 215, § 10, p. 707;
R.S.1943, § 81-154;
Laws 1963, c. 508, § 7, p. 1618;
Laws 1975, LB 359, § 6;
Laws 1981, LB 381, § 3;
Laws 1984, LB 933, § 12;
Laws 1992, LB 1241, § 15;
Laws 1997, LB 314, § 5;
Laws 2000, LB 654, § 10;
Laws 2007, LB256, § 4;
Laws 2017, LB320, § 1.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-154.01 - Materiel division; University of Nebraska; purchase agreements.

81-154.01.
Materiel division; University of Nebraska; purchase agreements.
The materiel division shall make available copies of current purchase agreements and standard specifications to the University of Nebraska. The University of Nebraska may utilize such purchase agreements if it determines that it would be to its advantage to do so. The materiel division may utilize purchase agreements entered into by the University of Nebraska upon a finding by the materiel administrator that the use of such agreements would be in the best interests of the state. For purposes of this section, purchase agreements do not include contracts for personal services subject to sections 73-301 to 73-307.
Source
Laws 1981, LB 381, § 4;
Laws 2000, LB 654, § 11.