reglab/statecodes huggingface dataset:
2023 Nebraska Revised Statutes › Chapter 84 - State Officers › 84-922 - Purpose of act.

84-922.
Purpose of act.
The purpose of the Negotiated Rulemaking Act is to establish a framework for the conduct of negotiated rulemaking consistent with the Administrative Procedure Act. It is the intent of the Legislature that state agencies, whenever appropriate, use the negotiated rulemaking process to resolve controversial issues prior to the commencement of the formal rulemaking process of the Administrative Procedure Act. Negotiated rulemaking is not a substitute for the requirements of the Administrative Procedure Act but may be used as a supplemental procedure to permit the direct participation of affected interests in the development of new rules or the amendment or repeal of existing rules. A consensus agreement on a proposed rule reached by a negotiated rulemaking committee may be modified by an agency as a result of the subsequent formal rulemaking process. This section shall not be construed as an attempt to limit innovation and experimentation with the negotiated rulemaking process.
Source
Laws 1994, LB 446, § 2.
Cross References
Administrative Procedure Act, see section 84-920.
2023 Nebraska Revised Statutes › Chapter 84 - State Officers › 84-923 - Terms, defined.

84-923.
Terms, defined.
For purposes of the Negotiated Rulemaking Act:
(1) Agency shall have the same meaning as in section 84-901;
(2) Consensus shall mean unanimous concurrence among the interests represented on a negotiated rulemaking committee unless the committee agrees upon another specified definition;
(3) Convenor shall mean a person who impartially assists an agency in determining whether establishment of a negotiated rulemaking committee is feasible and appropriate for a particular rulemaking procedure;
(4) Facilitator shall mean a person who impartially aids in the discussions and negotiations among the members of a negotiated rulemaking committee to develop a proposed rule. A facilitator shall not have decisionmaking authority;
(5) Interest shall mean, with respect to an issue or matter, multiple parties that have a similar point of view or that are likely to be affected in a similar manner;
(6) Negotiated rulemaking shall mean rulemaking through the use of a negotiated rulemaking committee;
(7) Negotiated rulemaking committee or committee shall mean an advisory committee established to consider and discuss issues for the purpose of reaching a consensus in the development of a proposed rule;
(8) Person shall mean an individual, partnership, limited liability company, corporation, association, governmental subdivision, agency, or public or private organization of any character; and
(9) Rule shall mean rule or regulation as defined in section 84-901.
Source
Laws 1994, LB 446, § 3.
2023 Nebraska Revised Statutes › Chapter 84 - State Officers › 84-924 - Negotiated rulemaking committee; establishment; agency director; use of negotiated rulemaking procedure; determination; considerations; convenor; duties.

84-924.
Negotiated rulemaking committee; establishment; agency director; use of negotiated rulemaking procedure; determination; considerations; convenor; duties.
(1) An agency may establish a negotiated rulemaking committee to negotiate and develop a proposed rule if the agency director determines that the use of the negotiated rulemaking procedure is in the public interest. In making that determination, the agency director shall consider whether:
(a) There is a need for a rule;
(b) There are a limited number of identifiable interests that will be significantly affected by the rule;
(c) There is a reasonable likelihood that a committee can be convened with a balanced representation of persons who:
(i) Can adequately represent the interests identified; and
(ii) Are willing to negotiate in good faith to reach a consensus on the proposed rule;
(d) There is a reasonable likelihood that a committee will reach a consensus on the proposed rule within a fixed period of time;
(e) The negotiated rulemaking procedure will not unreasonably delay the notice of proposed formal rulemaking and the issuance of the final rule pursuant to the Administrative Procedure Act;
(f) The agency has adequate resources and is willing to commit those resources, including technical assistance, to the committee; and
(g) The agency, to the maximum extent possible consistent with the legal obligations of the agency, will use the consensus of the committee as the basis for the rule proposed by the agency in the formal rulemaking process of the Administrative Procedure Act.
(2) An agency may use the services of a convenor to assist in making the determination of need pursuant to subsection (1) of this section and to assist the agency in:
(a) Identifying persons who will be significantly affected by a proposed rule; and
(b) Conducting discussions with affected persons on the issues of concern and ascertaining whether the establishment of a negotiated rulemaking committee is feasible and appropriate for the particular rulemaking.
(3) The convenor shall report findings and make recommendations to the agency. Upon request of the agency, the convenor shall ascertain the names of persons who are willing and qualified to represent the interests that will be significantly affected by the proposed rule. The report and any recommendations of the convenor shall be made available to the public upon request.
Source
Laws 1994, LB 446, § 4.
Cross References
Administrative Procedure Act, see section 84-920.
2023 Nebraska Revised Statutes › Chapter 84 - State Officers › 84-925 - Petition to use negotiated rulemaking committee; procedure; exception.

84-925.
Petition to use negotiated rulemaking committee; procedure; exception.
(1) Except as provided in subsection (2) of this section, any person may petition an agency to request the use of a negotiated rulemaking committee in the development or revision of a rule. Each agency shall prescribe the form of the petition and the procedure for its submission, consideration, and disposition. Within sixty days after submission of a petition, the agency shall (a) deny the petition in writing stating its reasons therefor or (b) initiate the negotiated rulemaking procedure.
(2) A person committed to or otherwise incarcerated in a Department of Correctional Services facility may not petition the Department of Correctional Services to request the use of a negotiated rulemaking committee.
Source
Laws 1994, LB 446, § 5.
2023 Nebraska Revised Statutes › Chapter 84 - State Officers › 84-926 - Negotiated rulemaking committee established; agency; duties; Secretary of State; duties.

84-926.
Negotiated rulemaking committee established; agency; duties; Secretary of State; duties.
(1) If an agency decides to establish a negotiated rulemaking committee, the agency shall:
(a) Give notice to the Secretary of State; and
(b) Publish the notice in a newspaper having general circulation in the state and, as appropriate, in other newspapers and publications.
(2) The notice shall include:
(a) An announcement that the agency intends to establish a negotiated rulemaking committee to negotiate and develop a proposed rule;
(b) A description of the subject and scope of the rule to be developed and the issues to be considered;
(c) A list of interests likely to be significantly affected by the proposed rule;
(d) A list of the persons proposed to represent the affected interests and the agency;
(e) A proposed schedule for completing the work of the committee; and
(f) An explanation of how a person may apply for or nominate another person for membership on the committee.
(3) The Secretary of State shall establish and maintain a list of subscribers who wish to receive notice of an agency's intent to establish a negotiated rulemaking committee and shall provide such notice to such subscribers at a cost to be assessed against each subscriber. The Secretary of State shall collect payments and make disbursements of such funds as may be necessary to carry out the notification required by this subsection.
(4) The agency shall provide a period of at least thirty days for the submission of comments upon and applications for membership on a negotiated rulemaking committee.
Source
Laws 1994, LB 446, § 6.
2023 Nebraska Revised Statutes › Chapter 84 - State Officers › 84-927 - Negotiated rulemaking committee; establishment; notice of decision; agency support; termination.

84-927.
Negotiated rulemaking committee; establishment; notice of decision; agency support; termination.
(1) If, after considering comments and applications for membership on the negotiated rulemaking committee submitted pursuant to section 84-926, the agency determines that a negotiated rulemaking committee can adequately represent the interests of the persons that will be significantly affected by a proposed rule and that it is feasible and appropriate in the particular rulemaking, the agency may establish a negotiated rulemaking committee.
(2) If, after considering comments and applications submitted pursuant to section 84-926, the agency decides not to establish a negotiated rulemaking committee, the agency shall notify the persons who commented on or applied for membership on the negotiated rulemaking committee of the reasons for the decision. The agency shall also publish a notice of the decision not to establish a negotiated rulemaking committee in a newspaper having general circulation in the state and, as appropriate, in other newspapers and publications.
(3) The agency shall provide appropriate administrative support to the negotiated rulemaking committee, including technical assistance and support.
(4) A negotiated rulemaking committee shall terminate upon the adoption of the final rule under consideration by the agency pursuant to the Administrative Procedure Act unless the agency, after consulting the committee, or the committee itself specifies an earlier termination date.
Source
Laws 1994, LB 446, § 7.
Cross References
Administrative Procedure Act, see section 84-920.
2023 Nebraska Revised Statutes › Chapter 84 - State Officers › 84-928 - Negotiated rulemaking committee; membership; procedure.

84-928.
Negotiated rulemaking committee; membership; procedure.
(1) A negotiated rulemaking committee may by consensus expand its membership, either by contacting and recruiting persons whose participation the committee believes is essential to the success of the negotiated rulemaking process or upon reviewing a petition submitted pursuant to subsection (2) of this section.
(2) Persons who will be significantly affected by a proposed rule and who believe that their interests will not be adequately represented by any person on a negotiated rulemaking committee may petition for or nominate another person for membership on the negotiated rulemaking committee. Each petition or nomination shall be submitted to the negotiated rulemaking committee and shall include:
(a) The name of the petitioner or nominee and a description of the interests the person represents;
(b) Evidence that the petitioner or nominee is authorized to represent parties related to the interests the person proposes to represent;
(c) A written commitment that the petitioner or nominee will actively participate in good faith in the development of the rule under consideration; and
(d) An explanation of reasons that the persons already on the negotiated rulemaking committee do not adequately represent the interests of the person submitting the petition or nomination.
(3) Upon receiving a petition, a negotiated rulemaking committee shall decide by consensus at its next meeting whether or not to expand its membership.
Source
Laws 1994, LB 446, § 8.
2023 Nebraska Revised Statutes › Chapter 84 - State Officers › 84-929 - Negotiated rulemaking committee; powers and duties; consensus; procedure; report; contents.

84-929.
Negotiated rulemaking committee; powers and duties; consensus; procedure; report; contents.
(1) A negotiated rulemaking committee shall consider the matter proposed by the agency for consideration and shall attempt to reach consensus concerning a proposed rule and any other matter the committee determines is relevant to the proposed rule.
(2) The person representing the agency on a negotiated rulemaking committee shall participate in the deliberations of the committee with the same rights and responsibilities of other members of the committee and shall be authorized to fully represent the agency in the discussions and negotiations of the committee.
(3) A negotiated rulemaking committee may adopt procedures or ground rules for the operation of the committee.
(4) If a negotiated rulemaking committee achieves consensus on a proposed rule at the conclusion of the negotiations, the committee shall transmit to the agency that established the committee a report containing the proposed rule.
(5) If a negotiated rulemaking committee does not reach a consensus on the proposed rule, the committee shall transmit to the agency a report specifying areas in which the committee reached consensus and the issues that remain unresolved. The committee may include in the report any other information, recommendations, or materials that the committee considers appropriate. Any member of the committee may include as an addendum to the report additional information, recommendations, or materials.
Source
Laws 1994, LB 446, § 9.
2023 Nebraska Revised Statutes › Chapter 84 - State Officers › 84-930 - Facilitator; selection; duties.

84-930.
Facilitator; selection; duties.
(1) An agency may nominate a person to serve as a facilitator for the negotiations of the negotiated rulemaking committee, subject to the approval of the committee by consensus. If the committee does not approve the agency's nomination for facilitator, the agency shall submit a substitute nomination. If the committee does not approve the substitute nomination of the agency for facilitator, the committee shall select by consensus a person to serve as facilitator. A person designated to represent the agency in substantive issues may not serve as facilitator or presiding officer for the committee.
(2) A facilitator approved or selected by a negotiated rulemaking committee shall:
(a) Preside at the meetings of the committee in an impartial manner;
(b) Impartially assist the members of the committee in conducting discussions and negotiations and achieving consensus; and
(c) Manage the keeping of minutes and records.
Source
Laws 1994, LB 446, § 10.
2023 Nebraska Revised Statutes › Chapter 84 - State Officers › 84-931 - Convenor or facilitator; contract authorized; state employee; disqualification; members of negotiated rulemaking committee; expenses; per diem; grants or gifts.

84-931.
Convenor or facilitator; contract authorized; state employee; disqualification; members of negotiated rulemaking committee; expenses; per diem; grants or gifts.
(1) An agency may employ or enter into a contract for the services of an organization or individual to serve as a convenor or facilitator for a negotiated rulemaking committee or may use the services of a state employee to act as a convenor or facilitator for a committee.
(2) An agency shall determine whether a person under consideration as a convenor or facilitator of a negotiated rulemaking committee has any financial or other interest that would preclude the person from serving in an impartial and independent manner. A person disqualified under this criterion shall be dropped from further consideration.
(3) Members of a negotiated rulemaking committee shall be responsible for their own expenses of participation. However, an agency may reimburse a committee member for expenses incurred in serving on the committee as provided in sections 81-1174 to 81-1177 and a reasonable per diem rate of compensation if:
(a) The committee member certifies a lack of adequate financial resources to participate in the committee; and
(b) The agency determines that the committee member's participation in the committee is necessary to ensure an adequate representation of the interests of the members.
(4) An agency may accept grants or gifts from any source to fund the negotiated rulemaking process if:
(a) Information on the name of the person giving the grant or gift and the amount of the grant or gift is available to the public;
(b) The grant or gift is given to and accepted by the agency without placing any condition on the membership of a negotiated rulemaking committee or the outcome of the negotiated rulemaking process; and
(c) There is consensus among the members of the negotiated rulemaking committee that the acceptance of the grant or gift will not diminish the integrity of the negotiated rulemaking process.
Source
Laws 1994, LB 446, § 11;
Laws 2020, LB381, § 133.
2023 Nebraska Revised Statutes › Chapter 84 - State Officers › 84-932 - Agency action; judicial review; limitation; negotiated rule; judicial review; treatment.

84-932.
Agency action; judicial review; limitation; negotiated rule; judicial review; treatment.
Any agency action relating to establishing, assisting, or terminating a negotiated rulemaking committee under the Negotiated Rulemaking Act shall not be subject to judicial review. Nothing in this section shall bar judicial review if such judicial review is otherwise provided by law. A rule which is the product of negotiated rulemaking prior to formal adoption pursuant to the Administrative Procedure Act and is later subject to judicial review shall not be accorded greater deference by a court than a rule which is the product of the rulemaking procedure of the Administrative Procedure Act alone.
Source
Laws 1994, LB 446, § 12.
Cross References
Administrative Procedure Act, see section 84-920.
2023 Nebraska Revised Statutes › Chapter 84 - State Officers › 84-935 - Government certification, defined.

84-935.
Government certification, defined.
Government certification means a nontransferable recognition granted to an individual by an occupational board through a voluntary program in which the individual meets personal qualifications established by the Legislature. Government certification allows the certified individual to use a designated title. For purposes of the Occupational Board Reform Act, in analyzing health professions which are subject to the Nebraska Regulation of Health Professions Act, the definition of certification in section 71-6206 applies.
Source
Laws 2018, LB299, § 3.
Cross References
Nebraska Regulation of Health Professions Act, see section 71-6201.
2023 Nebraska Revised Statutes › Chapter 84 - State Officers › 84-936 - Lawful occupation, defined.

84-936.
Lawful occupation, defined.
Lawful occupation means a course of conduct, a pursuit, or a profession that includes the sale of goods or services that are not themselves illegal to sell irrespective of whether the individual selling them is subject to an occupational regulation.
Source
Laws 2018, LB299, § 4.
2023 Nebraska Revised Statutes › Chapter 84 - State Officers › 84-937 - Least restrictive regulation, defined.

84-937.
Least restrictive regulation, defined.
Least restrictive regulation means one of the following types of regulation, listed from least restrictive to most restrictive, consistent with the health, safety, and welfare of the public:
(1) Market competition;
(2) Third-party or consumer-created ratings and reviews;
(3) Private certification;
(4) Specific private civil cause of action to remedy consumer harm;
(5) Deceptive trade practices under the Uniform Deceptive Trade Practices Act;
(6) Mandatory disclosure of attributes of the specific goods or services;
(7) Regulation of the process of providing the specific goods or services to consumers;
(8) Inspection;
(9) Bonding or insurance;
(10) Registration;
(11) Government certification; and
(12) Occupational license.
Source
Laws 2018, LB299, § 5.
Cross References
Uniform Deceptive Trade Practices Act, see section 87-306.
2023 Nebraska Revised Statutes › Chapter 84 - State Officers › 84-939 - Occupational license, defined.

84-939.
Occupational license, defined.
Occupational license means a nontransferable authorization in law (1) for an individual to perform exclusively a lawful occupation for compensation based on meeting personal qualifications established by the Legislature and (2) which is required in order to legally perform the lawful occupation for compensation.
Source
Laws 2018, LB299, § 7.
2023 Nebraska Revised Statutes › Chapter 84 - State Officers › 84-940 - Occupational regulation, defined.

84-940.
Occupational regulation, defined.
(1) Occupational regulation means a statute, rule, regulation, practice, policy, or other state law requiring an individual to possess certain personal qualifications or to comply with registration requirements to use an occupational title or work in a lawful occupation.
(2) Occupational regulation includes any government certification, registration, and occupational license.
(3) Occupational regulation does not include (a) business licensure, facility licensure, building permit requirements, or zoning and land-use regulation except to the extent that the same state laws that require a business license, a facility license, a building permit, or zoning and land-use regulation also regulate an individual's personal qualifications to perform a lawful occupation or (b) an occupational license administered by the Supreme Court.
Source
Laws 2018, LB299, § 8.
2023 Nebraska Revised Statutes › Chapter 84 - State Officers › 84-941 - Personal qualifications, defined.

84-941.
Personal qualifications, defined.
Personal qualifications means criteria related to an individual's personal background and characteristics, including completion of an approved educational program, satisfactory performance on an examination, work experience, other evidence of attainment of requisite skills or knowledge, moral standing, criminal history, and completion of continuing education.
Source
Laws 2018, LB299, § 9.
2023 Nebraska Revised Statutes › Chapter 84 - State Officers › 84-944 - Registration, defined.

84-944.
Registration, defined.
(1) Registration means a nontransferable registration granted to an individual under which (a) the individual is required to give notice to the government that may include the individual's name and address, the individual's agent for service of process, the location of the activity to be performed, and a description of the service the individual provides, (b) upon receipt of the notice by the government, the individual may use the term registered as a designated title to engage in a lawful occupation, and (c) such notice is required to engage in the lawful occupation for compensation and is required in order to use the term registered as a designated title to engage in the lawful occupation.
(2) Registration may require a bond or insurance.
(3) For purposes of the Occupational Board Reform Act, in analyzing health professions which are subject to the Nebraska Regulation of Health Professions Act, the definition of registration in section 71-6217 applies.
Source
Laws 2018, LB299, § 12.
Cross References
Nebraska Regulation of Health Professions Act, see section 71-6201.
2023 Nebraska Revised Statutes › Chapter 84 - State Officers › 84-945 - Use of terms certification, certified, registration, and registered; how construed.

84-945.
Use of terms certification, certified, registration, and registered; how construed.
For purposes of the Occupational Board Reform Act:
(1) Government certification and registration are not synonymous with occupational license;
(2) Except as provided in section 84-935, when the terms certification and certified are used outside of the Occupational Board Reform Act to mean a requirement that an individual meet certain personal qualifications to work legally, those terms in that context shall be interpreted for purposes of the Occupational Board Reform Act as requiring an individual to meet the requirements for an occupational license; and
(3) Except as provided in section 84-944, when the terms registration and registered are used outside of the Occupational Board Reform Act to mean a requirement that an individual meet certain personal qualifications to work legally, those terms in that context shall be interpreted for purposes of the Occupational Board Reform Act as requiring an individual to meet the requirements for an occupational license.
Source
Laws 2018, LB299, § 13.
2023 Nebraska Revised Statutes › Chapter 84 - State Officers › 84-946 - Statement of policy.

84-946.
Statement of policy.
It is the policy of the State of Nebraska:
(1) To protect the fundamental right of an individual to pursue a lawful occupation;
(2) To use the least restrictive regulation which is necessary to protect consumers from undue risk of present, significant, and substantiated harms that clearly threaten or endanger the health, safety, or welfare of the public when competition alone is not sufficient and which is consistent with the public interest;
(3) To enforce an occupational regulation against an individual only to the extent that the individual sells goods or services that are included explicitly in the statutes that govern the occupation;
(4) To construe and apply occupational regulations to increase opportunities, promote competition, and encourage innovation;
(5) To use the least restrictive method of regulation as set out in section 71-6222 for lawful occupations subject to the Nebraska Regulation of Health Professions Act; and
(6) To provide ongoing legislative review of occupational regulations.
Source
Laws 2018, LB299, § 14.
Cross References
Nebraska Regulation of Health Professions Act, see section 71-6201.
2023 Nebraska Revised Statutes › Chapter 84 - State Officers › 84-1001 - Basic workweek; state officers; departments; hours required; exceptions; holidays; payment; rules and regulations.

84-1001.
Basic workweek; state officers; departments; hours required; exceptions; holidays; payment; rules and regulations.
(1) All state officers and heads of departments and their deputies, assistants, and employees, except permanent part-time employees, temporary employees, and members of any board or commission not required to render full-time service, shall render not less than forty hours of labor each week except any week in which a paid holiday may occur.
(2) Regular work by such employees shall not be performed on paid holidays, Saturdays, or Sundays except in case of an emergency or when otherwise ordered or deemed essential by the Governor.
(3) For purposes of this section, paid holidays shall include all of the days enumerated in section 25-2221 and all days declared by law or proclamation of the President or Governor to be holidays.
(4) All such holidays shall be paid holidays except as provided in subsection (5) of this section. For purposes of this section, employees shall include permanent and temporary employees. A permanent employee shall mean an employee in a regular full-time or part-time position who works a full-time or part-time schedule on an ongoing basis, and a temporary employee shall mean an employee appointed to a full-time or part-time position for a limited period of time to accomplish a specific task. If any such holiday falls on Sunday, the following Monday shall be a holiday. If any such holiday falls on Saturday, the preceding Friday shall be a holiday.
(5) Employees who are required to work on any holiday shall be granted either a workday of compensatory time off or be paid for the time worked in accordance with existing state and federal statutes, except that temporary employees shall not be eligible for paid holidays and if required to work on a holiday shall be paid for the time worked at their normal rate of pay. Permanent part-time employees shall be eligible for paid holidays on a pro rata basis. In order to receive pay for such holiday an employee, whether part time or full time, must not have been absent without pay on the workday immediately preceding or immediately following the holiday unless excused by his or her supervisor. The Director of Personnel shall adopt and promulgate such rules and regulations as are necessary to administer this section.
Source
Laws 1957, c. 398, § 1, p. 1364;
Laws 1969, c. 839, § 1, p. 3164;
Laws 1974, LB 1001, § 1;
Laws 1992, Third Spec. Sess., LB 14, § 30.
2023 Nebraska Revised Statutes › Chapter 84 - State Officers › 84-1002 - Basic workweek; state institutions; hours required.

84-1002.
Basic workweek; state institutions; hours required.
All heads of institutions and their deputies, assistants, and employees, except part-time employees, shall render not less than forty hours of labor each week.
Source
Laws 1957, c. 398, § 2, p. 1364.
2023 Nebraska Revised Statutes › Chapter 84 - State Officers › 84-1003 - Basic workweek; staggering of hours.

84-1003.
Basic workweek; staggering of hours.
To effectuate the purposes of sections 84-1001 and 84-1002, any state officer or the head of a department or institution may stagger the hours and days of work of the employees supervised by him except where the salary is set as provided by law.
Source
Laws 1957, c. 398, § 3, p. 1364.
2023 Nebraska Revised Statutes › Chapter 84 - State Officers › 84-1004 - Basic workweek; authority of Governor; time when effective.

84-1004.
Basic workweek; authority of Governor; time when effective.
The Governor shall have authority, after conferring with the employing officers concerned and with the employees, to make sections 84-1001 to 84-1005 effective to employments in any board, commission, department, or institution at any time on or after January 1, 1958.
Source
Laws 1957, c. 398, § 4, p. 1364.
Annotations
Sections 84-1001 to 84-1005, R.R.S.1943, have not been made applicable to members of the State Patrol. Roth v. Lieske, 189 Neb. 216, 201 N.W.2d 846 (1972).
2023 Nebraska Revised Statutes › Chapter 84 - State Officers › 84-1005 - Basic workweek; persons excepted.

84-1005.
Basic workweek; persons excepted.
Subsection (2) of section 84-1001 shall not apply to (1) employees of the University of Nebraska, the state colleges, the Nebraska Brand Committee, or the Nebraska Oil and Gas Conservation Commission, (2) the Superintendent of Law Enforcement and Public Safety, his or her deputies and assistants, members of the Nebraska State Patrol, or carrier enforcement officers designated under section 60-1303, or (3) the employees of the Division of Motor Fuels of the office of the Tax Commissioner who render service on such days and maintain such hours as the Governor may designate, except that when employees are required to work on any day designated as a paid holiday, subsections (4) and (5) of section 84-1001 shall apply.
Source
Laws 1957, c. 398, § 5, p. 1365;
Laws 1965, c. 572, § 1, p. 1860;
Laws 1967, c. 617, § 2, p. 2070;
Laws 1969, c. 840, § 1, p. 3166;
Laws 1969, c. 839, § 2, p. 3165;
Laws 1985, LB 395, § 14;
Laws 1989, LB 247, § 17.
2023 Nebraska Revised Statutes › Chapter 84 - State Officers › 84-1102 - Declaration of policy.

84-1102.
Declaration of policy.
Because of the existing possibility of an attack of unprecedented size and destructiveness upon the United States; and in order, in the event of such an attack, to assure continuity of government through legally constituted leadership, authority, and responsibility in offices of government of the state and in the governments of all political subdivisions in the state; to provide for the effective operation of governments during an emergency; and to facilitate the early resumption of functions temporarily suspended; the Legislature finds and declares it to be necessary to provide for emergency interim succession to governmental offices of all types of this state and of its various political subdivisions in the event the incumbents thereof are or become unavailable to perform the functions and duties of such offices; and to enable the governing bodies or the electors of political subdivisions in the state to invoke the provisions of sections 84-1101 to 84-1116 therein.
Source
Laws 1959, c. 457, § 2, p. 1515.
2023 Nebraska Revised Statutes › Chapter 84 - State Officers › 84-1104 - Sections; applicability.

84-1104.
Sections; applicability.
From and after the passage, approval, and taking effect of sections 84-1101 to 84-1116, their provisions shall apply to and shall be binding upon all state offices and officers.
Source
Laws 1959, c. 457, § 4, p. 1518.
2023 Nebraska Revised Statutes › Chapter 84 - State Officers › 84-1105 - Sections; provisions, when invoked.

84-1105.
Sections; provisions, when invoked.
In any political subdivision in which it shall be deemed necessary and advisable that the provisions of sections 84-1101 to 84-1116 apply to the offices and officers therein, the governing body thereof is hereby authorized and empowered to declare, by resolve, that it is necessary to invoke the provisions of sections 84-1101 to 84-1116 within such subdivision. In such event, the provisions of sections 84-1101 to 84-1116 shall become effective in such subdivision, and shall apply to and be binding upon all offices and officers therein, from and after the thirtieth day following the passage and approval of such resolve. Any initiative or referendum process which, by virtue of the Constitution of Nebraska or laws of this state or the charter or other corporate articles of such subdivision, is applicable in such subdivision, likewise shall be applicable to the action above prescribed in this section;
Provided,
notwithstanding any provision of general law or charter to the contrary, when a resolve has been duly enacted by the governing body, as prescribed in this section, its subsequent reference to the electors of the subdivision shall not operate to suspend the effectiveness of such resolve, and it shall remain in force and effect unless and until it is duly disapproved by the electors.
Source
Laws 1959, c. 457, § 5, p. 1518.
2023 Nebraska Revised Statutes › Chapter 84 - State Officers › 84-1106 - Officers; alternates; appointment; qualifications.

84-1106.
Officers; alternates; appointment; qualifications.
As soon as possible after sections 84-1101 to 84-1116 shall go into effect or shall become applicable in his case, and in no event later than thirty days thereafter, each obligated officer shall appoint, by title or name, no fewer than three nor more than seven alternates to the powers and duties of his office, and shall specify the order of their succession;
Provided,
that if any such officer has more than seven deputies, such maximum limitation shall not apply in his case. The alternates, or some of them, may be selected from among the officer's deputies, but this need not be done unless, in a particular case, the deputy is entitled by law or charter to succeed to such powers and duties in event of the officer's absence or disability. In no instance shall any person be appointed or serve as alternate who would be ineligible legally to be elected or appointed to, or serve in, the office concerned;
Provided,
that no constitutional, statutory, or other legal provision prohibiting any official from holding another office during the term for which he has been elected or appointed shall apply to an alternate or acting officer. After making such appointments the officer shall review them periodically and shall make such revisions and additional appointments from time to time as may be necessary to insure that there are at all times at least three alternates who have qualified as provided in section 84-1108 and are able to act.
Source
Laws 1959, c. 457, § 6, p. 1518.
2023 Nebraska Revised Statutes › Chapter 84 - State Officers › 84-1107 - Officers; alternate; notice of appointment.

84-1107.
Officers; alternate; notice of appointment.
On making every such appointment, the officer promptly shall notify the appointee directly, and shall concurrently give notice to the public official, to be known as the filing authority, whose office is designated by law as the filing place or repository of the officer's official oath or undertaking, or oath and undertaking, which notice in each instance shall include the appointee's name and address, and his rank in order of succession. The officer likewise shall notify both the alternate concerned and the filing authority promptly of his removal of any alternate, or change in his order of succession. All such data in the hands of the filing authority shall at all times be open to public inspection.
Source
Laws 1959, c. 457, § 7, p. 1519.
2023 Nebraska Revised Statutes › Chapter 84 - State Officers › 84-1108 - Officers; alternate; oath.

84-1108.
Officers; alternate; oath.
Within thirty days after receiving notice of his appointment, each alternate shall take and subscribe, before any official empowered by law to administer oaths, the same oath or affirmation as is required by law for the officer to whose powers and duties he is designated to succeed, and shall file the same in the office of the filing authority, and his failure so to do within the prescribed period will operate to forfeit his rights under such appointment. No alternate, qualified as above, shall be required to execute any other oath or undertaking or to comply with any other legal formality as a prerequisite to his assumption of the powers and duties to which he is designated to succeed.
Source
Laws 1959, c. 457, § 8, p. 1519.
2023 Nebraska Revised Statutes › Chapter 84 - State Officers › 84-1109 - Officers; alternate; appointment to only one office.

84-1109.
Officers; alternate; appointment to only one office.
No person shall accept appointment as alternate to more than one office. No person who has accepted appointment as a standby legislator shall, without first resigning therefrom, accept appointment as an alternate officer, nor shall any person who has accepted an appointment as an alternate officer, without first resigning therefrom, accept appointment as a standby legislator. No person, while regularly serving as judge of a court of record, shall accept appointment as an alternate to another office.
Source
Laws 1959, c. 457, § 9, p. 1519.
2023 Nebraska Revised Statutes › Chapter 84 - State Officers › 84-1110 - Officers; alternate; changing appointment; duty to be informed.

84-1110.
Officers; alternate; changing appointment; duty to be informed.
Until such time as an alternate is authorized to exercise the powers and discharge the duties of an officer, as provided in sections 84-1101 to 84-1116, he shall serve as alternate at the pleasure of the officer by whom he was appointed, and may be removed or replaced thereby, or his rank in order of succession changed, at any time, with or without cause. Every alternate shall keep himself generally informed as to the powers, functions, duties, procedures, practices, and current business of the officer to whose powers and duties he is designated to succeed, and all officers shall assist their alternates in keeping themselves so informed.
Source
Laws 1959, c. 457, § 10, p. 1520.
2023 Nebraska Revised Statutes › Chapter 84 - State Officers › 84-1111 - Officers; alternate; assumption of duties; length of service.

84-1111.
Officers; alternate; assumption of duties; length of service.
In the event that any obligated officer is or becomes unavailable after an attack, the alternate who is highest on the order of succession among those appointed to succeed him, and who is duly qualified therefor and is available, shall forthwith assume the powers and duties of his office. Any such acting officer shall continue to serve as such until the expiration of the then current term of the officer concerned, but not after the officer himself or a qualified successor thereto becomes available and resumes or assumes the office. The subsequent availability of an alternate who was higher than him on the order of succession, but was unavailable when he assumed the powers and duties of the office, shall not terminate or affect his right to continue as acting officer;
Provided,
that if an alternate who was not a deputy in the same office at the time of his appointment becomes acting officer, any higher-ranking alternate who was such a deputy, and who later becomes available, shall become acting officer in his stead.
Source
Laws 1959, c. 457, § 11, p. 1520.
2023 Nebraska Revised Statutes › Chapter 84 - State Officers › 84-1112 - Officers; alternates; termination.

84-1112.
Officers; alternates; termination.
The authority of alternates to become or to continue to serve as acting officers, as provided in sections 84-1101 to 84-1116, shall not exist unless and until an attack upon the United States actually has occurred; and, except as otherwise provided in this section, shall terminate upon the expiration of two years after the inception of the attack. The Governor, by proclamation, or the Legislature, by resolution approved by the Governor, may terminate the authority of alternates at some earlier date, and from time to time may extend or restore such authority, upon a finding that events and circumstances at that time render the extension or restoration necessary;
Provided,
that no single extension or restoration shall be for a period of more than one year.
Source
Laws 1959, c. 457, § 12, p. 1520.
2023 Nebraska Revised Statutes › Chapter 84 - State Officers › 84-1113 - Officers; alternates; no compensation; acting officer; compensation.

84-1113.
Officers; alternates; no compensation; acting officer; compensation.
No alternate officer, as such, shall receive any pay or compensation by virtue of his appointment or appointment and qualification, or shall enjoy any of the rights or privileges of the office to whose powers and duties he is designated to succeed. An acting officer, however, shall receive the same compensation and enjoy the same perquisites as would be received and enjoyed by the officer himself if present and available;
Provided,
that if, during the same period or any portion thereof, he is entitled to receive, and does receive, pay or compensation as deputy in the same office or as holder of another state or local office, the amount of the latter shall be deducted from the amount he otherwise would receive as acting officer;
and provided further,
that nothing herein shall be construed as affecting the compensation or perquisites of the officer concerned, if living.
Source
Laws 1959, c. 457, § 13, p. 1521.
2023 Nebraska Revised Statutes › Chapter 84 - State Officers › 84-1114 - Officers; alternate; acting officer; title.

84-1114.
Officers; alternate; acting officer; title.
The specific title of an alternate or acting officer shall correspond to that of the officer to the powers and duties of whom he is designated to succeed or has succeeded; for example, Alternate, or Acting, Secretary of State; Alternate, or Acting, District Judge, .......... District; Alternate, or Acting, Commissioner, .......... County; Alternate, or Acting, Clerk, City of ............... .
Source
Laws 1959, c. 457, § 14, p. 1521.
2023 Nebraska Revised Statutes › Chapter 84 - State Officers › 84-1115 - Officers; alternates; assumption of power; disputes; how settled.

84-1115.
Officers; alternates; assumption of power; disputes; how settled.
(1) Disputes of fact with respect to the right of an alternate to assume the powers and duties of an office, or to the right of an acting officer to continue to serve as such, shall be determined and adjudicated by the following named officials, whose decision in each instance shall be final:
(a) As to all state officers, by the Governor;
Provided,
that the Governor, within his sound discretion, may delegate this responsibility to another state officer or officers, except as to disputes relating to the officer or officers so designated; and
(b) As to all other obligated officers, by the district judge of the district in which the political subdivision concerned, or the major portion thereof, is located; or, if there are two or more district judges in that district, by the senior thereof.
(2) Subsection (1) of this section shall not apply to a dispute of fact relative to the office of Governor, or to the office of any member of the Legislature. Nor shall it be construed as limiting or affecting in any manner the right of a regularly elected or appointed officer or successor to have adjudicated in the courts, as provided by the Constitution of Nebraska and laws of this state, his authority to assume or hold such office.
Source
Laws 1959, c. 457, § 15, p. 1521.
2023 Nebraska Revised Statutes › Chapter 84 - State Officers › 84-1116 - Officers; alternates; acting officer; acts; validity.

84-1116.
Officers; alternates; acting officer; acts; validity.
Nothing in sections 84-1101 to 84-1116 shall be construed as preventing or otherwise affecting the appointment or election, in the manner provided by law, of a successor to any office wherein a legal vacancy exists. But, after an attack, and so long thereafter as the authority of alternates to become or to continue to serve as acting officers continues to exist as provided in section 84-1112, whenever a qualified alternate has succeeded to the powers and duties of any office, and so long as he is serving as acting officer therein, no action of mandamus or quo warranto, or any legal proceedings of like nature, shall be brought or shall be entertained in the courts of this state, during the term for which the officer concerned was elected or appointed, against the official or government body responsible under general law for filling vacancies in said office, to compel the appointment of a successor.
Source
Laws 1959, c. 457, § 16, p. 1522.
2023 Nebraska Revised Statutes › Chapter 84 - State Officers › 84-1201 - Legislative intent.

84-1201.
Legislative intent.
The Legislature declares that:
(1) Programs for the systematic and centrally correlated management of state and local records will promote efficiency and economy in the day-to-day record-keeping activities of state and local agencies and will facilitate and expedite governmental operations;
(2) Records containing information essential to the operations of government, and to the protection of the rights and interests of persons, must be safeguarded against the destructive effects of all forms of disaster and must be available as needed. It is necessary to adopt special provisions for the selection and preservation of essential state and local records, thereby insuring the protection and availability of such information;
(3) The increasing availability and use of computers is creating a growing demand for electronic access to public records, and state and local agencies should use new technology to enhance public access to public records and to reduce costs in maintaining, preserving, or retaining public records;
(4) There must be public accountability in the process of collecting, sharing, disseminating, and accessing public records;
(5) The Legislature has oversight responsibility for the process of collecting, sharing, disseminating, and providing access, including electronic access, to public records and establishing fees for disseminating and providing access;
(6) Several state agencies, individually and collectively, are providing electronic access to public records through various means, including the portal;
(7) New technology has allowed state agencies to offer electronic information and services through various means, including the portal;
(8) As technology becomes available, state and local agencies should continue to explore providing electronic information and services to individuals, businesses, and other entities; and
(9) There is a need for a uniform policy regarding the management, operation, and oversight of systems providing electronic access to public records or electronic information and services.
Source
Laws 1961, c. 455, § 1, p. 1385;
Laws 1997, LB 590, § 3;
Laws 2012, LB719, § 7;
Laws 2012, LB880, § 1.