reglab/statecodes huggingface dataset:
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-12,216 - Report; joint hearing.

81-12,216.
Report; joint hearing.
(1) No later than October 1, 2022, and no later than October 1 of each year thereafter, the director shall submit electronically an annual report for the previous fiscal year to the Legislature. The report shall be on a fiscal year, accrual basis that satisfies the requirements set by the Governmental Accounting Standards Board. The director shall, on or before December 15, 2022, and on or before December 15 of each year thereafter, appear at a joint hearing of the Appropriations Committee of the Legislature and the Revenue Committee of the Legislature and present the report. Any supplemental information requested by three or more committee members shall be presented within thirty days after the request.
(2) The report shall state (a) the total amount of matching funds paid by the State of Nebraska, (b) the expected amount of matching funds still to be paid by the State of Nebraska, and (c) the total investment made by the applicants.
(3) The report shall provide an explanation of the audit and review processes of the Department of Economic Development in approving and rejecting the provision of matching funds and in enforcing matching funds repayment.
(4) No information shall be provided in the report or in supplemental information that is protected by state or federal confidentiality laws. The identity of private donors shall not be included in the report.
Source
Laws 2021, LB40, § 22.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-12,218 - Nebraska Rural Projects Fund; created; use; investment.

81-12,218.
Nebraska Rural Projects Fund; created; use; investment.
(1) The Nebraska Rural Projects Fund is hereby created. The fund shall receive money from application fees paid under the Nebraska Rural Projects Act and from transfers authorized by the Legislature, grants, private contributions, repayments of matching funds, and all other sources. Any money in the fund available for investment shall be invested by the state investment officer pursuant to the Nebraska Capital Expansion Act and the Nebraska State Funds Investment Act.
(2) Distributions of matching funds shall only be made from the fund in amounts determined pursuant to section 81-12,211.
Source
Laws 2021, LB40, § 24;
Laws 2022, LB1012, § 26;
Laws 2023, LB531, § 41.
Operative Date: June 7, 2023
Cross References
Nebraska Capital Expansion Act, see section 72-1269.
Nebraska State Funds Investment Act, see section 72-1260.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-12,220 - Act; purpose.

81-12,220.
Act; purpose.
The purpose of the Shovel-Ready Capital Recovery and Investment Act is to partner with the private sector by providing grants to qualified nonprofit organizations to assist such organizations with capital projects that have been delayed due to COVID-19 or that will provide a positive economic impact in the State of Nebraska.
Source
Laws 2021, LB566, § 2;
Laws 2023, LB818, § 26.
Effective Date: May 25, 2023
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-12,221 - Terms, defined.

81-12,221.
Terms, defined.
For purposes of the Shovel-Ready Capital Recovery and Investment Act:
(1) Capital project means a construction project to build, expand, or develop a new or existing facility or facilities or restoration work on a facility designated as a National Historic Landmark;
(2) Cost, in the context of a capital project, means the cost of land, engineering, architectural planning, contract services, construction, materials, and equipment needed to complete the capital project;
(3) COVID-19 means the novel coronavirus identified as SARS-CoV-2, the disease caused by the novel coronavirus SARS-CoV-2 or a virus mutating therefrom, and the health conditions or threats associated with the disease caused by the novel coronavirus SARS-CoV-2 or a virus mutating therefrom;
(4) Department means the Department of Economic Development;
(5) Qualified nonprofit organization means a tax-exempt organization under section 501(c)(3) of the Internal Revenue Code that:
(a) Is related to arts, culture, or the humanities, including any organization formed for the purpose of developing and promoting the work of artists and the humanities in various visual and performing forms, such as film, sculpture, dance, painting, horticulture, multimedia, poetry, photography, performing arts, zoology, or botany;
(b) Operates a sports complex;
(c) Is a postsecondary educational institution in a city of the metropolitan class and partners with an organization hosting a regional or national event for purposes of infrastructure development related to furnishing and equipment for a health sciences education center, enhanced mobility by vacation of a public street, pedestrian safety, and construction of a community athletic complex; or
(d) Is a county agricultural society with facilities located within the boundaries of a city of the primary class;
(6) Sports complex means property that:
(a) Includes indoor areas, outdoor areas, or both;
(b) Is primarily used for competitive sports; and
(c) Contains multiple separate sports venues; and
(7) Sports venue includes, but is not limited to:
(a) A baseball field;
(b) A softball field;
(c) A soccer field;
(d) An outdoor stadium primarily used for competitive sports;
(e) An outdoor arena primarily used for competitive sports; and
(f) An enclosed, temperature-controlled building primarily used for competitive sports.
Source
Laws 2021, LB566, § 3;
Laws 2023, LB531, § 42;
Laws 2023, LB818, § 27.
Note:
The Revisor of Statutes has pursuant to section 49-769 correlated LB531, section 42, with LB818, section 27, to reflect all amendments.
Note:
Changes made by LB531 became operative June 7, 2023. Changes made by LB818 became effective May 25, 2023.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-12,222 - Grant; application; approval; amount.

81-12,222.
Grant; application; approval; amount.
(1) Beginning July 1, 2023, through July 1, 2024, a qualified nonprofit organization may apply to the department for a grant under the Shovel-Ready Capital Recovery and Investment Act. The application shall include, but not be limited to, the following information:
(a) A description of the qualified nonprofit organization's capital project;
(b) The estimated cost of the capital project; and
(c) Documentation on the amount of funds for the capital project which have been received or will be received by the qualified nonprofit organization from other sources. Such amount shall be at least equal to the amount of any grant received under the act. The documentation provided under this subdivision does not need to identify the names of any donors.
(2) The department shall consider applications in the order in which they are received. If an applicant is a qualified nonprofit organization and otherwise qualifies for funding under the Shovel-Ready Capital Recovery and Investment Act, the department shall, subject to subsection (3) of this section, approve the application and notify the applicant of the approval.
(3) The department may approve applications within the limits of available funding. The amount of any grant approved under this section shall be equal to the amount of funds to be supplied by the qualified nonprofit organization from other sources, as documented under subdivision (1)(c) of this section, subject to the following limitations:
(a) For any capital project with an estimated cost of less than five hundred thousand dollars, the grant shall not exceed two hundred fifty thousand dollars;
(b) For any capital project with an estimated cost of at least five hundred thousand dollars but less than five million dollars, the grant shall not exceed one million five hundred thousand dollars;
(c) For any capital project with an estimated cost of at least five million dollars but less than twenty-five million dollars, the grant shall not exceed five million dollars;
(d) For any capital project with an estimated cost of at least twenty-five million dollars but less than fifty million dollars, the grant shall not exceed ten million dollars;
(e) For any capital project with an estimated cost of at least fifty million dollars but less than one hundred million dollars, the grant shall not exceed fifteen million dollars; and
(f) For any capital project with an estimated cost of at least one hundred million dollars, the grant shall not exceed thirty million dollars.
Source
Laws 2021, LB566, § 4;
Laws 2023, LB531, § 43;
Laws 2023, LB818, § 28.
Note:
The Revisor of Statutes has pursuant to section 49-769 correlated LB531, section 43, with LB818, section 28, to reflect all amendments.
Note:
Changes made by LB531 became operative June 7, 2023. Changes made by LB818 became effective May 25, 2023.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-12,223 - Qualified nonprofit organization; grant; requirements; repayment, when.

81-12,223.
Qualified nonprofit organization; grant; requirements; repayment, when.
(1) Each qualified nonprofit organization that receives a grant under the Shovel-Ready Capital Recovery and Investment Act shall:
(a) Secure all of the other funds described in subdivision (1)(c) of section 81-12,222 through a written pledge or payment by December 31, 2024, and shall begin or resume construction on the organization's capital project by June 30, 2025; and
(b) Abide by the federal laws commonly known as the Davis-Bacon and Related Acts.
(2) Any qualified nonprofit organization that fails to meet the requirements of subsection (1) of this section shall repay any grant funds received under the act.
Source
Laws 2021, LB566, § 5;
Laws 2023, LB531, § 44;
Laws 2023, LB818, § 29.
Note:
The Revisor of Statutes has pursuant to section 49-769 correlated LB531, section 44, with LB818, section 29, to reflect all amendments.
Note:
Changes made by LB531 became operative June 7, 2023. Changes made by LB818 became effective May 25, 2023.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-12,224 - Shovel-Ready Capital Recovery and Investment Fund; created; use; investment.

81-12,224.
Shovel-Ready Capital Recovery and Investment Fund; created; use; investment.
The Shovel-Ready Capital Recovery and Investment Fund is created. The fund shall consist of transfers authorized by the Legislature and any gifts, grants, or bequests from any source, including federal, state, public, and private sources. The fund shall be administered by the department and shall be used to make grants under the Shovel-Ready Capital Recovery and Investment Act. Any money in the fund available for investment shall be invested by the state investment officer pursuant to the Nebraska Capital Expansion Act and the Nebraska State Funds Investment Act.
Source
Laws 2021, LB566, § 6.
Cross References
Nebraska Capital Expansion Act, see section 72-1269.
Nebraska State Funds Investment Act, see section 72-1260.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-12,225 - Federal funds and cash funds; use; legislative intent; changes to sections; applicability.

81-12,225.
Federal funds and cash funds; use; legislative intent; changes to sections; applicability.
(1) For any federal funds appropriated to the department pursuant to the Shovel-Ready Capital Recovery and Investment Act, it is the intent of the Legislature that the department divide the total appropriation for grants to capital projects eligible under the act equally for each congressional district and give priority to grant requests less than or equal to five million dollars. After eligible grantees with priority status have been awarded grant funds, remaining funds may be awarded on a statewide basis with the department considering each project based on the overall economic impact of the project to the respective community and the overall benefit to the State of Nebraska. It is the intent of the Legislature that the department make reasonable adjustments to dates and deadlines and request additional documentation pursuant to any requirements for the use of funds received pursuant to the federal American Rescue Plan Act of 2021.
(2) For any cash funds appropriated to the department pursuant to the Shovel-Ready Capital Recovery and Investment Act, it is the intent of the Legislature that the department divide the total appropriation for grants to capital projects eligible under the act as follows:
(a) Thirty million dollars for grants to nonprofit organizations holding a certificate of exemption under section 501(c)(3) of the Internal Revenue Code that are qualified nonprofit organizations under subdivision (5)(c) of section 81-12,221; and
(b) Remaining funds equally by each congressional district.
(3) The changes made in this section and sections 81-12,220, 81-12,221, 81-12,222, and 81-12,223 by Laws 2023, LB818, apply to all grant applications filed on or after July 1, 2023. For all applications filed prior to May 25, 2023, the provisions of the Shovel-Ready Capital Recovery and Investment Act as they existed immediately prior to such date apply.
(4) The changes made in this section and sections 81-12,220, 81-12,221, 81-12,222, and 81-12,223 by Laws 2023, LB531, apply to all grant applications filed on or after July 1, 2023. For all applications filed prior to June 7, 2023, the provisions of the Shovel-Ready Capital Recovery and Investment Act as they existed immediately prior to such date apply.
Source
Laws 2021, LB566, § 7;
Laws 2023, LB531, § 45;
Laws 2023, LB818, § 30.
Note:
The Revisor of Statutes has pursuant to section 49-769 correlated LB531, section 45, with LB818, section 30, to reflect all amendments.
Note:
Changes made by LB531 became operative June 7, 2023. Changes made by LB818 became effective May 25, 2023.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-12,229 - Terms, defined.

81-12,229.
Terms, defined.
For purposes of the Small Business Stabilization Grant Program Act:
(1) Department means the Department of Economic Development;
(2) Eligible business means a for-profit business that:
(a) Is located in this state; and
(b) Had no more than one million dollars of gross revenue in the most recently completed calendar year; and
(3) Qualifying event means any natural disaster, pandemic, or other event for which a state of emergency proclamation is issued by the Governor pursuant to section 81-829.40.
Source
Laws 2022, LB598, § 3.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-12,230 - Grant program; when established; eligibility; application; approval; amount.

81-12,230.
Grant program; when established; eligibility; application; approval; amount.
(1) If a qualifying event occurs, the department shall establish a grant program to provide financial assistance to eligible businesses that have experienced a significant loss of revenue as a result of such qualifying event. An eligible business shall be considered to have experienced a significant loss of revenue if its gross revenue over a period of one month or more has declined by at least fifty percent from the amount of gross revenue received over the same period in the prior year.
(2) Whenever such a grant program is established, an eligible business may submit an application to the department with sufficient documentation to show the loss of revenue required under subsection (1) of this section.
(3) If the applicant is an eligible business and meets the requirements of subsection (1) of this section, the department shall approve the application and shall notify the applicant of such approval.
(4) The department shall consider applications in the order in which they are received and may approve applications within the limits of available appropriations.
(5) Each grant approved under this section shall be no more than twelve thousand dollars.
Source
Laws 2022, LB598, § 4.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-12,234 - Small business grant program; grant; eligibility; amount; department; contract with private entity.

81-12,234.
Small business grant program; grant; eligibility; amount; department; contract with private entity.
(1) The department shall create and administer a grant program to:
(a) Provide grants of up to twenty-five thousand dollars to individuals looking to start a small business. An individual shall be eligible for a grant under this subdivision if the following requirements are met:
(i) The individual earned no more than fifty-five thousand dollars in the most recently completed calendar year;
(ii) The individual has a personal net worth of no more than two hundred thousand dollars, excluding the individual's primary residence; and
(iii) The individual does not have an ownership interest in any other business; and
(b) Provide grants of up to twelve thousand five hundred dollars to individuals who own a small business that has been in existence for no more than five years. An individual shall be eligible for a grant under this subdivision if the following requirements are met:
(i) The gross revenue of the small business has grown by no more than twenty-five percent over the most recently completed calendar year;
(ii) The individual has a personal net worth of no more than two hundred thousand dollars, excluding the individual's primary residence; and
(iii) The individual does not have an ownership interest in any other business.
(2) The department shall contract with a private entity to provide professional counseling services to individuals who are looking to start a small business or who have started a small business within the previous five years. Such counseling services shall be in the following areas:
(a) Accounting and budgeting;
(b) Tax return preparation;
(c) Human resources;
(d) How to write a business plan;
(e) Payroll processes;
(f) Financial planning and investments;
(g) Debt management;
(h) Strategic planning;
(i) Technology coaching; and
(j) Financial statement review.
(3) The private entity with which the department contracts under subsection (2) of this section shall not have any other contracts with the state that involve the provision of services described in subsection (2) of this section.
Source
Laws 2022, LB450, § 13.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-12,235 - Reports.

81-12,235.
Reports.
(1) On or before October 1, 2024, and on or before October 1 of each even-numbered year thereafter, the department shall submit a report to the Governor and the Legislature that includes, but is not limited to:
(a) A description of the demand for grants and counseling services under the Small Business Assistance Act from all geographic regions in Nebraska;
(b) A listing of the grant recipients and the amounts of grants awarded pursuant to the act in the previous two fiscal years;
(c) A listing of the recipients of counseling services under the act in the previous two fiscal years;
(d) The impact of the grants provided under the act, including information on:
(i) The number of jobs created;
(ii) The economic impact on the area where the grant recipient is located;
(iii) The impact on state and local tax revenue; and
(iv) The types of businesses created, listed by industry.
(2) The report submitted to the Legislature shall be submitted electronically.
(3) The department may require the private entity described in section 81-12,234 and any recipients of grants or counseling services to provide periodic reports and information to enable the department to fulfill the requirements of this section.
(4) The report shall contain no information that is protected by state or federal confidentiality laws.
Source
Laws 2022, LB450, § 14.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-12,238 - Act, how cited.

81-12,238.
Act, how cited.
Sections 81-12,238 to 81-12,244 shall be known and may be cited as the Economic Recovery Act.
Source
Laws 2022, LB1024, § 1;
Laws 2023, LB531, § 46.
Operative Date: June 7, 2023
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-12,239 - Legislative findings.

81-12,239.
Legislative findings.
The Legislature finds that:
(1) The COVID-19 public health emergency has caused widespread economic, social, and public health-related turmoil that deepened existing disparities;
(2) The social and economic challenges caused and exacerbated by the COVID-19 public health emergency include high unemployment, wage decreases, increased homelessness, and food insecurity;
(3) The impact of the COVID-19 public health emergency and related challenges were disproportionately felt in low-income and minority communities such as North Omaha and South Omaha;
(4) The social and economic challenges in North Omaha and South Omaha have persisted for multiple generations, partially fueled by past racial segregation and the historical practice known as redlining;
(5) Funding under the federal American Rescue Plan Act of 2021 presents a once-in-a-lifetime opportunity to respond to the challenges facing North Omaha and South Omaha that have been worsened by the COVID-19 public health emergency; and
(6) Federal guidance issued by the United States Department of the Treasury has identified qualified census tracts as areas in which certain activities and investments will be deemed presumptively eligible for the use of funds under the federal American Rescue Plan Act of 2021.
Source
Laws 2022, LB1024, § 2.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-12,240 - Terms, defined.

81-12,240.
Terms, defined.
For purposes of the Economic Recovery Act:
(1) Economic redevelopment area means an area in the State of Nebraska in which:
(a) The average rate of unemployment in the area during the period covered by the most recent federal decennial census or American Community Survey 5-Year Estimate by the United States Bureau of the Census is at least one hundred fifty percent of the average rate of unemployment in the state during the same period; and
(b) The average poverty rate in the area is twenty percent or more for the federal census tract in the area; and
(2) Qualified census tract means a qualified census tract as defined in 26 U.S.C. 42(d)(5)(B)(ii)(I), as such section existed on January 1, 2022.
Source
Laws 2022, LB1024, § 3;
Laws 2023, LB531, § 47.
Operative Date: June 7, 2023
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-12,242 - Economic Recovery Special Committee of the Legislature; members; powers and duties.

81-12,242.
Economic Recovery Special Committee of the Legislature; members; powers and duties.
(1) The Economic Recovery Special Committee of the Legislature is established as a special committee of the Legislature to perform the duties provided in the Economic Recovery Act. The special legislative committee shall consist of the chairperson of the Urban Affairs Committee of the Legislature, who shall serve as chairperson of the special legislative committee, the Speaker of the Legislature, the chairperson of the Appropriations Committee of the Legislature or his or her designee, and four other members of the Legislature appointed by the chairperson of the Executive Board of the Legislative Council. The appointed members of the special legislative committee shall include members who represent legislative districts containing one or more qualified census tracts located within the boundaries of a city of the metropolitan class.
(2) The Executive Board of the Legislative Council shall provide staff as required by the special legislative committee from existing legislative staff. In addition, the special legislative committee may hire additional staff, make expenditures for travel, and enter into contracts for consulting, engineering, and development studies. The contracts shall be based on competitive bids and subject to approval of the executive board upon the recommendation of a majority of the members of the special legislative committee. It is the intent of the Legislature to appropriate two million dollars for fiscal year 2022-23 to carry out this section.
(3) The special legislative committee may hold hearings and request and receive reports from the federal government, state agencies, counties, municipalities, and other public and private entities regarding the impact of the COVID-19 public health emergency on low-income and minority communities in Nebraska. The special legislative committee may hold one or more closed sessions for the receipt of confidential information if at least one-half of the members of the special legislative committee vote in open session to hold a closed session.
(4) No later than June 30, 2022, the special legislative committee shall issue a request for proposals for studies on potential eligible uses of funds made available under the federal American Rescue Plan Act of 2021 or state funds within or adjacent to qualified census tracts located within the boundaries of a city of the metropolitan class. Such studies shall include, but not be limited to, potential eligible uses of such funds in the areas of entrepreneurship, housing, employment, job creation, and small business assistance. Copies of all such studies received by the special legislative committee shall be forwarded to the Economic Recovery and Incentives Division of the Department of Economic Development.
Source
Laws 2022, LB1024, § 5.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-12,243 - Economic Recovery Contingency Fund; created; use; prioritize; investment.

81-12,243.
Economic Recovery Contingency Fund; created; use; prioritize; investment.
(1) The Economic Recovery Contingency Fund is created. The fund shall consist of transfers by the Legislature to carry out the Economic Recovery Act. Any money in the fund available for investment shall be invested by the state investment officer pursuant to the Nebraska Capital Expansion Act and the Nebraska State Funds Investment Act. Investment earnings on and after July 1, 2023, shall be credited to the fund.
(2) The Department of Economic Development may review the projects listed in the coordination plan and the appendices by the Economic Recovery Special Committee of the Legislature dated January 10, 2023, and shall prioritize the use of the fund on projects listed in the coordination plan followed by the projects in the appendices.
Source
Laws 2022, LB1024, § 6;
Laws 2023, LB531, § 49;
Laws 2023, LB818, § 32.
Note:
The Revisor of Statutes has pursuant to section 49-769 correlated LB531, section 49, with LB818, section 32, to reflect all amendments.
Note:
Changes made by LB531 became operative June 7, 2023. Changes made by LB818 became effective May 25, 2023.
Cross References
Nebraska Capital Expansion Act, see section 72-1269.
Nebraska State Funds Investment Act, see section 72-1260.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-12,244 - Appropriations and transfers of funds; legislative intent; use; restrictions.

81-12,244.
Appropriations and transfers of funds; legislative intent; use; restrictions.
(1) It is the intent of the Legislature to appropriate ten million dollars from the General Fund for fiscal year 2023-24 to the Department of Economic Development to carry out the Economic Recovery Act. The department may use not more than ten million dollars of such money for the administration of the Economic Recovery Act.
(2) The State Treasurer shall transfer (a) any interest earned after April 19, 2022, on federal funds allocated to the State of Nebraska from the federal Coronavirus State Fiscal Recovery Fund pursuant to the federal American Rescue Plan Act of 2021, 42 U.S.C. 802, as amended, to the Economic Recovery Contingency Fund between June 1, 2023, and June 30, 2023, and on or before June 30 each year thereafter, on such dates and in such amounts as directed by the budget administrator of the budget division of the Department of Administrative Services, and (b) any investment earnings from the investment of money in (i) the Perkins County Canal Project Fund pursuant to section 61-305 and (ii) the Nebraska Capital Construction Fund from transfers credited to such fund that are designated for the construction of a new state prison pursuant to section 72-1001 to the Economic Recovery Contingency Fund between June 1, 2023, and June 30, 2023, and on or before June 30 each year thereafter through June 30, 2026, on such dates and in such amounts as directed by the budget administrator of the budget division of the Department of Administrative Services.
(3) It is the intent of the Legislature that any unobligated amount as of July 1, 2024, of the federal funds allocated to the State of Nebraska from the federal Coronavirus State Fiscal Recovery Fund pursuant to the federal American Rescue Plan Act of 2021, 42 U.S.C. 802, as amended, be appropriated to the Department of Economic Development to carry out the Economic Recovery Act no later than August 1, 2024.
(4) It is the intent of the Legislature to appropriate ten million dollars from the General Fund to the Department of Economic Development for fiscal year 2022-23 to provide grants under the Economic Recovery Act.
(5) It is the intent of the Legislature to transfer ten million dollars from the General Fund to the Economic Recovery Contingency Fund for fiscal year 2023-24 and ten million dollars from the General Fund to the Economic Recovery Contingency Fund for fiscal year 2024-25 to provide grants under the Economic Recovery Act.
Source
Laws 2022, LB1024, § 7;
Laws 2023, LB531, § 50.
Operative Date: June 7, 2023
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-12,245 - Department of Economic Development; use of funds; restrictions; grant applications; priorities.

81-12,245.
Department of Economic Development; use of funds; restrictions; grant applications; priorities.
(1) The Department of Economic Development shall use any funds received from the federal Coronavirus Capital Projects Fund under the federal American Rescue Plan Act of 2021 as follows:
(a) No more than thirty-five million dollars to eligible projects that are located within a congressional district which contains a city of the metropolitan class. Within a city of the metropolitan class, grants shall be given to multipurpose community facilities;
(b) No less than forty million dollars to eligible projects that are located within a congressional district which contains a city of the primary class;
(c) No less than forty million dollars to eligible projects that are located within a congressional district which does not contain a city of the metropolitan class or a city of the primary class. Grants under this subdivision shall be awarded to eligible projects in cities of the second class and villages; and
(d) No more than five million dollars of such federal funds for the administration by the department of funds received from the federal Coronavirus Capital Projects Fund under the federal American Rescue Plan Act of 2021.
(2) Any funds received from the federal Coronavirus Capital Projects Fund under the federal American Rescue Plan Act of 2021 utilized for eligible broadband infrastructure projects shall be administered in a manner consistent with the Nebraska Broadband Bridge Act, except that the matching funds requirement in section 86-1304 shall not apply to such federal funding for broadband projects.
(3) The department shall, beginning July 1, 2022, through July 15, 2022, allow a qualified public or private entity to apply for a grant using funds received from the federal Coronavirus Capital Projects Fund under the federal American Rescue Plan Act of 2021. The department may open additional grant application periods as needed until all funds are allocated.
(4) Grants under subdivision (1)(a) of this section shall be restricted to eligible projects located within or adjacent to one or more qualified census tracts or economic redevelopment areas as defined in section 81-12,153 in a city of the metropolitan class. Priority for grants under subdivision (1)(a) of this section shall be given to a city of the metropolitan class in partnership with a nonprofit organization for eligible projects for the rehabilitation or expansion of existing multipurpose community facilities.
Source
Laws 2022, LB1024, § 13;
Laws 2023, LB727, § 103.
Operative Date: June 7, 2023
Cross References
Nebraska Broadband Bridge Act, see section 86-1301.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-12,246 - Department of Economic Development; Legislative intent to appropriate.

81-12,246.
Department of Economic Development; Legislative intent to appropriate.
It is the intent of the Legislature to appropriate one hundred twenty-eight million seven hundred forty thousand one hundred seventy-eight dollars from federal funds for fiscal year 2022-23 to the Department of Economic Development to provide grants as provided in section 81-12,245. The federal funds described in this section are the funds allocated to the State of Nebraska from the federal Coronavirus Capital Projects Fund under the federal American Rescue Plan Act of 2021.
Source
Laws 2022, LB1024, § 14.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-12,247 - Legislative intent to appropriate; grants; restrictions.

81-12,247.
Legislative intent to appropriate; grants; restrictions.
(1) It is the intent of the Legislature to appropriate three million seventy-four thousand dollars from federal funds for FY2022-23 to the Department of Economic Development. The federal funds described in this subsection are the funds received by the State of Nebraska from the United States Economic Development Administration's American Rescue Plan Travel, Tourism and Outdoor Recreation program.
(2) Money from the intended appropriation described in subsection (1) of this section shall be for grants awarded to eligible grantees as follows:
(a) No less than one million dollars to eligible grantees located within one or more qualified census tracts within a city of the metropolitan class;
(b) No less than one million dollars to eligible grantees located within one or more qualified census tracts within a city of the primary class; and
(c) No less than one million dollars to eligible grantees in qualified census tracts that are located outside of a city of the metropolitan class or a city of the primary class.
Source
Laws 2022, LB1024, § 15.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-1301 - Sections; purpose.

81-1301.
Sections; purpose.
The purposes of sections 81-1301 to 81-1316 are to:
(1) Promote economy and efficiency in state government through the selection, employment, and effective utilization of qualified persons in all departments and agencies of the state;
(2) Provide equal opportunity to qualified persons for employment on the basis of ability;
(3) Avoid salary competition among government departments and agencies to secure or retain the services of equally qualified employees for similar positions in the state's employ;
(4) Retain maximum authority and responsibility at the department and agency level for decisions to select or to terminate employees and for other facets of personnel management as may be consistent with the rulemaking authority of the personnel division for the development of uniform state personnel administrative procedures;
(5) Establish the necessary procedures to assure reasonably uniform and consistent personnel practices and provide a reliable basis for personnel cost projections and staffing patterns; and
(6) Establish uniform control over the description of and compensation for positions in all departments and agencies so that position titles and duties have similar meanings throughout the state service and provide equal pay for persons holding similar positions in the state's service.
Source
Laws 1967, c. 573, § 1, p. 1885;
Laws 1969, c. 802, § 3, p. 3021;
Laws 1992, Third Spec. Sess., LB 14, § 10.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-1303 - Personnel division within the Department of Administrative Services; director; appointment.

81-1303.
Personnel division within the Department of Administrative Services; director; appointment.
There is hereby established a division within the Department of Administrative Services to be known as the personnel division, to be headed by a Director of Personnel. The director shall be appointed by the Director of Administrative Services.
Source
Laws 1967, c. 573, § 3, p. 1889;
Laws 1969, c. 802, § 4, p. 3022;
Laws 1971, LB 1030, § 2;
Laws 1992, Third Spec. Sess., LB 14, § 12.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-1304 - Director of Personnel; qualifications.

81-1304.
Director of Personnel; qualifications.
Any person who is a graduate of an accredited four-year college or university and who has at least five years of progressively responsible experience in development and administration of a public or private personnel program, including responsibility for development and administration of company or agency policies, supervision of staff or programs, negotiations of personnel matters with other agencies or organizations and a demonstrated knowledge of public personnel administration, testing, classification, wage and salary administration, recruiting, certification, and modern office procedures may be appointed as Director of Personnel;
Provided,
that not more than two years' experience as a full-time paid faculty member with primary responsibilities for teaching in public or business administration, industrial engineering, sociology or psychology may be substituted for two of the five years' experience required;
and provided further,
that not more than one year of graduate training in one of the foregoing fields may be substituted for one year of experience.
Source
Laws 1967, c. 573, § 4, p. 1890;
Laws 1971, LB 1030, § 3.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-1305 - Director of Personnel; compensation.

81-1305.
Director of Personnel; compensation.
The compensation of the Director of Personnel shall be fixed by the Director of Administrative Services.
Source
Laws 1967, c. 573, § 5, p. 1890;
Laws 1971, LB 1030, § 4;
Laws 1992, Third Spec. Sess., LB 14, § 13.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-1306 - Director of Personnel; employees.

81-1306.
Director of Personnel; employees.
The Director of Personnel shall employ the necessary personnel to carry out the duties of the personnel division subject to the amount of funds appropriated for such purpose.
Source
Laws 1967, c. 573, § 6, p. 1890;
Laws 1969, c. 802, § 5, p. 3022;
Laws 1971, LB 1030, § 5;
Laws 1992, Third Spec. Sess., LB 14, § 14.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-1307.01 - Director of Personnel; salary survey; duties.

81-1307.01.
Director of Personnel; salary survey; duties.
The Director of Personnel shall measure, through the use of salary surveys, the competitive standing of state salaries with salary levels of the labor market. The State Personnel Board shall review the methodology and results of the survey. A report of the survey findings, including the board's review, shall be provided to the Legislature and the Governor along with the recommendations regarding wages, hours, and terms and conditions of employment for unorganized employees by the Chief Negotiator pursuant to section 81-1376. The report submitted to the Legislature shall be submitted electronically.
Source
Laws 1987, LB 661, § 33;
Laws 2012, LB782, § 197.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-1307.02 - Legislature; salary survey; consideration.

81-1307.02.
Legislature; salary survey; consideration.
The Legislature shall consider the results of the salary survey and any recommendation from the Governor, Director of Personnel, or Chief Negotiator concerning unorganized state employee salary increases when making appropriations to state agencies. The Legislature shall attempt to provide an appropriate balance between assuring that all employees performing at a satisfactory level will receive appropriate salary increases and the need for administrative flexibility to reward those who perform at a superior level.
Source
Laws 1987, LB 661, § 34.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-1311 - Agency heads; management personnel; powers and duties.

81-1311.
Agency heads; management personnel; powers and duties.
Agency heads and other management personnel so designated by the agency head shall have the following authorities and responsibilities, consistent with rules and regulations adopted and promulgated by the personnel division:
(1) Decisions concerning the mission of the agency;
(2) Decisions on how to maintain and improve the efficiency and effectiveness of government operations;
(3) Decisions on services to be rendered, operations to be performed, technology to be utilized, or matters to be budgeted;
(4) Decisions concerning the overall methods, processes, means, or personnel by which operations are to be conducted;
(5) Decisions concerning the processes and acts of hiring, directing, or supervising employees;
(6) Determining the performance evaluation rating of individual employees on at least an annual basis;
(7) Employee salary administration decisions;
(8) Assuring that position titles and job descriptions are accurate;
(9) Decisions concerning employee job assignments, employee work schedules, promotions of employees, transfers of employees, and discipline of employees including terminations;
(10) Decisions to reimburse the best qualified job applicants for travel, meals, and lodging expenses incurred in traveling to and from the prospective job site, except that no more than three applicants for any position may be reimbursed under this subdivision;
(11) Decisions to relieve employees from duties because of lack of work or funds or under conditions when the employer determines continued work would be inefficient or nonproductive including the contracting out for goods and services;
(12) Decisions concerning development and maintenance of any personnel records necessary for the operation of the agency;
(13) Decisions to confer with any or all of its employees in the process of developing policies; and
(14) Decisions to take any other action not otherwise specified in this section.
Source
Laws 1967, c. 573, § 11, p. 1894;
Laws 1971, LB 106, § 1;
Laws 1971, LB 1030, § 8;
Laws 1987, LB 491, § 12;
Laws 1992, Third Spec. Sess., LB 14, § 16.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-1312 - Director of Personnel; administration; delegation of powers; exempted agency; coverage; agreement.

81-1312.
Director of Personnel; administration; delegation of powers; exempted agency; coverage; agreement.
(1) The Director of Personnel may, for reasons of practical difficulties anticipated or experienced in the development of the state personnel service, in anticipation of practical problems during the transition to effective operation of the several technical aspects of the state personnel service by the staff of the personnel division by reason of existence of agency personnel offices which, in the judgment of the director, have adequate capability to undertake responsibilities for development of or administration of sections 81-1301 to 81-1316, or for the convenience of either the personnel division or the individual agencies of state government, or both, delegate responsibility for administration of any of the requirements of such sections to any department or agency. Such delegation shall be limited to the administration of such sections or of the policies, rules, and regulations promulgated under such sections as such provisions may affect the department or agency.
(2) The director may make such arrangements for the production, development, or maintenance of records and reports as may be necessary, relying for such arrangements on the facilities of other state agencies.
(3) Any position within any agency exempted from coverage by the Constitution of Nebraska or by sections 81-1301 to 81-1316 may be covered by the state personnel service through specific agreement between the exempted agency or the agency having responsibility for exempted positions and the personnel division.
Source
Laws 1967, c. 573, § 12, p. 1895;
Laws 1971, LB 1030, § 9;
Laws 1992, Third Spec. Sess., LB 14, § 17.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-1314 - Delegation of authority.

81-1314.
Delegation of authority.
Any official named in sections 81-1301 to 81-1317 shall have the power to delegate authority for execution of responsibilities under sections 81-1301 to 81-1317 to any person such official may designate.
Source
Laws 1967, c. 573, § 14, p. 1896.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-1315 - Employees subject to sections; prohibited from political activities; when; disciplinary action.

81-1315.
Employees subject to sections; prohibited from political activities; when; disciplinary action.
State employees subject to sections 81-1301 to 81-1316 shall be prohibited from participation in political activities during office hours or while otherwise engaged in the performance of official duties as employees of this state. Any employee violating this section shall be subject to disciplinary action under the rules and regulations adopted and promulgated pursuant to sections 81-1301 to 81-1328. Such disciplinary action may include demotion, dismissal, reduction of salary, or suspension.
Source
Laws 1967, c. 573, § 15, p. 1896;
Laws 1987, LB 110, § 1;
Laws 1997, LB 314, § 14.
Cross References
Other prohibitions and requirements relating to political activities, see section 20-160.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-1317 - Director; adjust terms and conditions of employment; employees not covered by collective-bargaining agreements.

81-1317.
Director; adjust terms and conditions of employment; employees not covered by collective-bargaining agreements.
Except as may be prohibited by the Industrial Relations Act or the State Employees Collective Bargaining Act and except for the pay increases provided by the Legislature, the Director of Personnel shall have authority to establish programs and otherwise adjust terms and conditions of employment for employees not covered by collective-bargaining agreements, including terms and conditions of employment which may not be specifically provided or may otherwise be provided by law, in order to make such terms and conditions of employment more consistent with those of such covered employees or otherwise address changes arising out of collective bargaining, but in no event shall the adjustment exceed the benefits derived from collective bargaining.
Source
Laws 1988, LB 1040, § 3;
Laws 1989, LB 309, § 2;
Laws 1990, LB 1125, § 1;
Laws 1991, LB 502, § 1;
Laws 1993, LB 697, § 3;
Laws 1995, LB 395, § 1;
Laws 1997, LB 314, § 15;
Laws 1999, LB 113, § 5;
Laws 2001, LB 96, § 3.
Cross References
Industrial Relations Act, see section 48-801.01.
State Employees Collective Bargaining Act, see section 81-1369.