reglab/statecodes huggingface dataset:
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-829.51 - Local government; school district; educational service unit; emergency expenditures; vote of governing body; when.

81-829.51.
Local government; school district; educational service unit; emergency expenditures; vote of governing body; when.
(1)(a) In the event of a disaster, emergency, or civil defense emergency, each local government may make emergency expenditures, enter into contracts, and incur obligations for emergency management purposes regardless of existing statutory limitations and requirements pertaining to appropriation, budgeting, levies, or the manner of entering into contracts.
(b) In the event of a disaster, emergency, or civil defense emergency, each school district or educational service unit may make emergency expenditures, enter into contracts, and incur obligations for emergency management purposes and to minimize the disruption to education services regardless of existing statutory limitations and requirements pertaining to appropriation, budgeting, or the manner of entering into contracts.
(2) If any such expenditure, contract, or obligation will be in excess of or in violation of existing statutory limitations or requirements, then before any such expenditure, contract, or obligation is undertaken it shall be approved by a vote of the governing body of such local government, school district, or educational service unit. The governing body may not vote its approval unless it has secured a copy of the proclamation as provided in section 81-829.50 from the city, village, county, or interjurisdictional emergency management director serving such local government, school district, or educational service unit. For school districts and educational service units, the proclamation shall be secured from the county in which the school district or principal office of the educational service unit is located.
Source
Laws 1951, c. 315, § 10(2), p. 1081;
R.R.S.1943, § 81-829.23;
Laws 1973, LB 494, § 16;
Laws 1996, LB 43, § 31;
Laws 2015, LB283, § 5.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-829.52 - State emergency response teams; establish; team leader; appointment; duties.

81-829.52.
State emergency response teams; establish; team leader; appointment; duties.
Upon orders of the Governor, the Adjutant General is authorized to establish such number of state emergency response teams as may be necessary to reinforce emergency management organizations in stricken areas and with due consideration of the plans of the federal government and of other states. The Adjutant General shall appoint a team leader for each team who shall have primary responsibility for the organization, administration, and operation of such team. The team leader shall keep and maintain a roster of members of the team, and only such persons whose names appear on the roster shall be deemed members of such team and entitled to the benefits provided by section 81-829.53. No political subdivision shall be entitled to reimbursement as provided in section 81-829.54 unless the individual on whose behalf reimbursement is sought was duly enrolled on the roster as provided in this section at the time the obligation was incurred. State emergency response teams shall perform their functions in any part of the state or, upon the conditions specified in mutual aid plans and emergency management agreements, in accordance with the Interstate Civil Defense and Disaster Compact, and in this section, in other states.
Source
Laws 1951, c. 315, § 6(1), p. 1077;
R.R.S.1943, § 81-829.13;
Laws 1973, LB 494, § 17;
Laws 1996, LB 43, § 32.
Cross References
Interstate Civil Defense and Disaster Compact, see section 1-109, Appendix, Nebraska Revised Statutes, Volume 2A.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-829.53 - State emergency response teams; personnel; powers; duties; rights; immunities; compensation; expenses.

81-829.53.
State emergency response teams; personnel; powers; duties; rights; immunities; compensation; expenses.
Personnel of state emergency response teams while on duty, whether within or without the state, shall: (1) If they are employees of the state, have the powers, duties, rights, privileges, and immunities and receive the compensation incidental to their employment; (2) if they are employees of a political subdivision of the state, and whether serving within or without such political subdivision, have the powers, duties, rights, privileges, and immunities and receive the compensation incidental to their employment; and (3) if they are not employees of the state or a political subdivision thereof, be entitled to compensation by the state at rates to be established by the Governor and shall be entitled to the same rights and immunities as are provided by law for the employees of this state. State emergency response teams shall, while on duty, be subject to the operational control of the authority in charge of emergency management activities in the area in which they are serving and shall be reimbursed for expenses in accordance with sections 81-1174 to 81-1177.
Source
Laws 1951, c. 315, § 6(2), p. 1078;
R.R.S.1943, § 81-829.14;
Laws 1973, LB 494, § 18;
Laws 1981, LB 204, § 176;
Laws 1996, LB 43, § 33;
Laws 2020, LB381, § 104.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-829.54 - State emergency response teams; employees; expenses; political subdivisions; reimbursement by state; rental of equipment; payment; damages.

81-829.54.
State emergency response teams; employees; expenses; political subdivisions; reimbursement by state; rental of equipment; payment; damages.
(1) The state shall reimburse a political subdivision for (a) the compensation paid and expenses of employees of such political subdivision while serving as members of a state emergency response team as provided in sections 81-1174 to 81-1177, (b) all payments for death, disability, or injury of such employees incurred in the course of such duty as provided in the Nebraska Workers' Compensation Act, and (c) all losses of or damage to supplies and equipment of such political subdivision resulting from the operation of such state emergency response team.
(2) The state shall pay a fee for rental of privately owned equipment used in the operation of a state emergency response team and shall also pay for any loss or damage to privately owned equipment used in emergency response. The fee for rental of such privately owned equipment shall be fixed, and any loss or damage to such equipment shall be assessed by a board consisting of three persons to be appointed by the Governor, one of whom shall be the materiel administrator of the materiel division of the Department of Administrative Services.
Source
Laws 1951, c. 315, § 6(3), p. 1078;
Laws 1953, c. 336, § 3, p. 1107;
R.R.S.1943, § 81-829.15;
Laws 1973, LB 494, § 19;
Laws 1981, LB 204, § 177;
Laws 1996, LB 43, § 34;
Laws 2020, LB381, § 105.
Cross References
Nebraska Workers' Compensation Act, see section 48-1,110.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-829.56 - Interstate Civil Defense and Disaster Compact; enactment; other agreements or compacts; approval.

81-829.56.
Interstate Civil Defense and Disaster Compact; enactment; other agreements or compacts; approval.
(1) This state hereby enacts into law and enters into the Interstate Civil Defense and Disaster Compact with all states bordering this state which have enacted or shall hereafter enact the compact in the form substantially as adopted in this state.
(2) The Governor may enter into the compact with any state which does not border this state if he or she finds that joint action with the state is desirable in meeting common intergovernmental problems of emergency disaster planning, prevention, response, and recovery.
(3) Nothing in subsections (1) and (2) of this section shall be construed to limit previous or future entry into the Interstate Civil Defense and Disaster Compact of this state with other states.
(4) If any person holds a license, certificate, or other permit issued by any state or political subdivision thereof evidencing the meeting of qualifications for professional, mechanical, or other skills, the person may render aid involving that skill in this state to meet an emergency or disaster and this state shall give due recognition to the license, certificate, or other permit.
(5) In addition to the Interstate Civil Defense and Disaster Compact, the Governor may enter into and execute on behalf of the State of Nebraska mutual aid agreements or emergency preparedness compacts with other states. Any such agreement or compact shall provide for reimbursement of all costs incurred by the State of Nebraska for actions taken in another state, for indemnification of the State of Nebraska and its employees against all claims, costs, or fees arising from actions taken in another state, and for termination of the agreement or assistance as necessary to meet disasters, emergencies, or other needs of the State of Nebraska. Any mutual aid agreement or emergency preparedness compact other than the Interstate Civil Defense and Disaster Compact which does not meet the requirements specified in this subsection shall be submitted electronically to the Legislature for approval by the Legislature before it can become effective.
Source
Laws 1973, LB 494, § 21;
Laws 1996, LB 43, § 36;
Laws 2012, LB782, § 172.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-829.57 - Persons within the state; conduct; personal services; compensation for property; claim; file.

81-829.57.
Persons within the state; conduct; personal services; compensation for property; claim; file.
(1) Each person within this state shall conduct himself or herself and keep and manage his or her affairs and property in ways that will reasonably assist and will not unreasonably detract from the ability of the state and the public successfully to meet disasters, emergencies, or civil defense emergencies. This obligation shall include appropriate personal service and use or restriction on the use of property in time of disaster, emergency, or civil defense emergency. The Emergency Management Act shall not be construed to increase or decrease these obligations, but the act recognizes their existence under the Constitution of Nebraska and statutes of this state and the common law. Compensation for services or for the taking or use of property shall be only to the extent that obligations recognized in this subsection are exceeded in a particular case and then only to the extent that the claimant may not be deemed to have volunteered his or her services or property without compensation.
(2) No personal services may be compensated by the state or any subdivision or agency thereof, except pursuant to statute or local law, resolution, or ordinance.
(3) Compensation for property shall be made only if the property was commandeered or otherwise used in coping with a disaster, emergency, or civil defense emergency and its use or destruction was ordered by the Governor or a member of the emergency management forces of this state to whom the Governor has duly delegated such authority.
(4) Any person claiming compensation for the use, damage, loss, or destruction of property under the act shall file a claim therefor with the Nebraska Emergency Management Agency in the form and manner the agency provides.
(5) Unless the amount of compensation on account of property damaged, lost, or destroyed is agreed upon between the claimant and the agency, the amount of compensation shall be calculated in the same manner as compensation due for a taking of property pursuant to the condemnation laws of this state.
(6) Nothing in this section shall apply to or authorize compensation for the destruction or damaging of standing timber or other property in order to provide a fire break or to the release of waters or the breach of impoundments in order to reduce pressure or other danger from actual or threatened flood.
Source
Laws 1973, LB 494, § 22;
Laws 1996, LB 43, § 37.
Cross References
For eminent domain procedures, see section 76-701 et seq.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-829.58 - Emergency management; supplies and services from federal government; funds; disposition.

81-829.58.
Emergency management; supplies and services from federal government; funds; disposition.
Whenever the federal government or any agency or officer thereof offers to the state or, through the state, to any political subdivision thereof services, equipment, supplies, materials, or funds by way of gift, grant, or loan for purposes of disaster response and emergency management, the state, acting through the Governor, or such political subdivision, acting with the consent of the Governor and through its principal executive officer or governing body, may accept such offer. Upon such acceptance the Governor of the state or principal executive officer or governing body of such political subdivision may authorize any officer of the state or such political subdivision to receive such services, equipment, supplies, materials, or funds on behalf of the state or such political subdivision, subject to the terms of the offer and the rules and regulations, if any, of the agency making the offer. All such funds received on behalf of the state shall be remitted to the State Treasurer for credit to a separate and distinct fund unless otherwise specifically provided in the act of Congress making such funds available, or as otherwise allowed and provided by state law.
Source
Laws 1951, c. 315, § 10(3), p. 1081;
Laws 1965, c. 342, § 2, p. 973;
R.R.S.1943, § 81-829.24;
Laws 1973, LB 494, § 23;
Laws 1996, LB 43, § 38;
Laws 2003, LB 403, § 9.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-829.59 - Emergency management; supplies and services from private entities; funds; disposition.

81-829.59.
Emergency management; supplies and services from private entities; funds; disposition.
Whenever any person, firm, or corporation offers to the state or to any political subdivision thereof services, equipment, supplies, materials, or funds by way of gift, grant, or loan for purposes of disaster response and emergency management, the state, acting through the Governor, or such political subdivision, acting through its principal executive officer or governing body, may accept such offer. Upon such acceptance the Governor of the state or principal executive officer or governing body of such political subdivision may authorize any officer of the state or of the political subdivision to receive such services, equipment, supplies, materials, or funds on behalf of the state or such political subdivision, subject to the terms of the offer. All such funds received on behalf of the state shall be remitted to the State Treasurer for credit to the Governor's Emergency Cash Fund.
Source
Laws 1951, c. 315, § 10(4), p. 1082;
Laws 1965, c. 342, § 3, p. 974;
R.R.S.1943, § 81-829.25;
Laws 1973, LB 494, § 24;
Laws 1996, LB 43, § 39;
Laws 2003, LB 403, § 10.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-829.60 - Emergency management; utilization of services, equipment, supplies, and facilities of existing departments and agencies of state.

81-829.60.
Emergency management; utilization of services, equipment, supplies, and facilities of existing departments and agencies of state.
In carrying out the Emergency Management Act, the Governor and the principal executive officers or governing bodies of the political subdivisions of the state shall utilize the services, equipment, supplies, and facilities of existing departments, offices, and agencies of the state and its political subdivisions to the maximum extent practicable. The officers and personnel of all such departments, offices, and agencies shall cooperate with and extend such services and facilities to the Governor and to the disaster response and emergency management organizations of the state upon request.
Source
Laws 1951, c. 315, § 11, p. 1082;
R.R.S.1943, § 81-829.26;
Laws 1973, LB 494, § 25;
Laws 1996, LB 43, § 40.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-829.61 - Emergency management organizations; political activities prohibited.

81-829.61.
Emergency management organizations; political activities prohibited.
No emergency management organization established under the Emergency Management Act shall participate in any form of political activity nor shall it be employed directly or indirectly for political purposes.
Source
Laws 1951, c. 315, § 12, p. 1082;
R.R.S.1943, § 81-829.27;
Laws 1973, LB 494, § 26;
Laws 1996, LB 43, § 41.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-829.62 - Emergency management; personnel; advocation of subversive activities against government; prohibited.

81-829.62.
Emergency management; personnel; advocation of subversive activities against government; prohibited.
No person shall be employed or associated in any capacity in any emergency management organization established under the Emergency Management Act who advocates or has advocated a change by force or violence in the constitutional form of the government of the United States or in this state or the overthrow of any government in the United States by force or violence or who has been convicted of or is under indictment or information charging any subversive act against the United States.
Source
Laws 1951, c. 315, § 13, p. 1082;
Laws 1953, c. 336, § 4, p. 1108;
R.R.S.1943, § 81-829.28;
Laws 1973, LB 494, § 27;
Laws 1996, LB 43, § 42.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-829.64 - Emergency management organizations; enforce orders, rules, and regulations.

81-829.64.
Emergency management organizations; enforce orders, rules, and regulations.
Every emergency management organization established pursuant to the Emergency Management Act and the officers thereof shall execute and enforce such orders, rules, and regulations as may be made by the Governor under the act. Each such organization shall have available for inspection at its office all orders, rules, and regulations made by the Governor or under his or her authority.
Source
Laws 1951, c. 315, § 15, p. 1083;
R.R.S.1943, § 81-829.30;
Laws 1973, LB 494, § 29;
Laws 1996, LB 43, § 43.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-829.65 - Emergency operations; moving of equipment outside limits of local government; law enforcement personnel; powers; insurance.

81-829.65.
Emergency operations; moving of equipment outside limits of local government; law enforcement personnel; powers; insurance.
The governing body of each local government of this state shall take the necessary action to permit the movement of its emergency equipment and personnel, utility equipment and personnel, or such equipment and personnel as defined in the state, city, village, county, or interjurisdictional emergency operations plans outside the limits of such local government in order to render aid in the event of disaster, emergency, or civil defense emergency or in connection with any program of practice or training for such disaster, emergency, or civil defense emergency when such program is conducted or participated in by the Nebraska Emergency Management Agency or with any other related training program. If such personnel includes law enforcement personnel rendering aid in their law enforcement capacity, the law enforcement personnel shall have the power and authority to enforce the laws of this state or any legal ordinances or resolutions of the local government where they are rendering aid or otherwise perform the functions of their office, including the authority to arrest and detain suspects, as if enforcing the laws or performing the functions within the territorial limits of their primary jurisdiction. Such movement may be to any point in this state or may be into any adjoining state when mutual aid arrangements have been entered into on behalf of this state with such other state as authorized by section 81-829.56. Each local government shall self-insure or contract for insurance against any liability for personal injuries or property damage that may be incurred by it or by its personnel as the result of any movement made pursuant to this section.
Source
Laws 1957, c. 380, § 1, p. 1323;
R.R.S.1943, § 81-829.32;
Laws 1973, LB 494, § 30;
Laws 1988, LB 961, § 1;
Laws 1996, LB 43, § 44;
Laws 1997, LB 546, § 1.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-829.66 - Emergency operations; immunity from liability for licensors of shelter space.

81-829.66.
Emergency operations; immunity from liability for licensors of shelter space.
Any person owning or controlling real estate or other premises who voluntarily and without compensation grants a license or privilege, or otherwise permits the designation or use of the whole or any part or parts of such real estate or premises for the purpose of sheltering persons during an actual, impending, mock or practice attack or disaster shall, together with his successors in interest, if any, not be civilly liable for negligently causing the death of, or injury to, any person on or about such real estate or premises, or loss of, or damage to, the property of such person, at any time such real estate or premises are actually used for such purpose.
Source
Laws 1963, c. 499, § 1, p. 1591;
R.R.S.1943, § 81-829.35;
Laws 1973, LB 494, § 31.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-829.67 - Storm spotter or emergency management worker; training, identification, and credentialing.

81-829.67.
Storm spotter or emergency management worker; training, identification, and credentialing.
(1) The Nebraska Emergency Management Agency shall develop training, identification, and credentialing standards for a storm spotter or emergency management worker.
(2) For purposes of this section, storm spotter means an individual who performs weather spotting services as an employee or a volunteer of a local emergency management organization and who has been credentialed by the Nebraska Emergency Management Agency under this section.
Source
Laws 2011, LB573, § 3.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-829.69 - State of emergency; proclaimed by Governor; powers.

81-829.69.
State of emergency; proclaimed by Governor; powers.
Whenever the Governor has proclaimed a state of emergency pursuant to section 81-829.40, the Governor shall be authorized:
(1) To enter into purchase, lease, or other arrangements with any agency of the United States for temporary housing units to be occupied by disaster, emergency, or civil defense emergency victims and to make such units available to any local government of the state;
(2) To assist any local government of the state which is the location of temporary housing for victims to acquire sites necessary for such temporary housing and to do all things required to prepare such sites to receive and utilize temporary housing units; and
(3) Under such regulations as he or she shall prescribe, to temporarily suspend or modify for not to exceed sixty days any public health, safety, zoning, transportation, or other requirement of law or regulation within this state when by proclamation he or she deems such suspension or modification essential to provide temporary housing for victims.
Source
Laws 1975, LB 612, § 4;
Laws 1996, LB 43, § 45.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-829.70 - Temporary housing units; powers of local governments.

81-829.70.
Temporary housing units; powers of local governments.
Any local government of this state is expressly authorized to acquire, temporarily or permanently, by purchase, lease, or otherwise, sites required for installation of temporary housing units for disaster, emergency, or civil defense emergency victims and to enter into whatever arrangements are necessary to prepare or equip such sites to utilize the housing units.
Source
Laws 1975, LB 612, § 5;
Laws 1996, LB 43, § 46.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-829.71 - Major disaster; powers of Governor; apply for federal community disaster loans; cancellation of repayment; when.

81-829.71.
Major disaster; powers of Governor; apply for federal community disaster loans; cancellation of repayment; when.
Whenever a major disaster has been declared to exist in this state, the Governor shall be authorized:
(1) Upon his determination that a local government of the state will suffer a substantial loss of tax and other revenue from a major disaster and has demonstrated a need for financial assistance to perform its governmental functions, to apply to the federal government, on behalf of the local government, for a loan, and to receive and disburse the proceeds of any approved loan to any applicant local government subject to the terms of the loan. The Governor shall determine the amount needed by any applicant local government to restore or resume its governmental functions, and certify such amount to the federal government; and
(2) To recommend to the federal government, based upon his review, the cancellation of all or any part of repayment when, in the first three full fiscal years following the major disaster, the revenue of the local government is insufficient to meet its operating expenses, including additional disaster-related expenses of municipal operation.
Source
Laws 1975, LB 612, § 6.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-829.72 - State of emergency; powers of Governor; Adjutant General; duty.

81-829.72.
State of emergency; powers of Governor; Adjutant General; duty.
(1) Whenever a state of emergency has been declared to exist in this state, the Governor is authorized, upon his or her determination that financial assistance is essential to meet related necessary expenses or serious needs of individuals or families adversely affected by a disaster, emergency, or civil defense emergency that may not be otherwise met from other means of assistance, to (a) accept a grant by the federal government to provide such financial assistance, subject to such terms and conditions as may be imposed upon the grant, and (b) provide assistance from funds appropriated to the Governor's Emergency Program to such individual assistance programs as may be required by terms and conditions of the federal program.
(2) The Adjutant General shall establish such individual assistance programs as shall be necessary to carry out the purposes of subsection (1) of this section.
Source
Laws 1975, LB 612, § 7;
Laws 1996, LB 43, § 47;
Laws 2003, LB 403, § 11.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-829.73 - Misstatement concerning financial assistance; penalty.

81-829.73.
Misstatement concerning financial assistance; penalty.
Any person who fraudulently or willfully makes a misstatement of fact in connection with an application for financial assistance under the Emergency Management Act shall, upon conviction of each offense, be guilty of a Class I misdemeanor.
Source
Laws 1975, LB 612, § 8;
Laws 1996, LB 43, § 48;
Laws 1996, LB 1044, § 860.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-829.75 - References to prior act and agency; how construed.

81-829.75.
References to prior act and agency; how construed.
On and after July 19, 1996, all references in statutes, rules, regulations, ordinances, resolutions, and other documents to the Nebraska Disaster and Civil Defense Act of 1973 shall be construed to mean the Emergency Management Act and all references in statutes, rules, regulations, ordinances, resolutions, and other documents to the civil defense agency in the Adjutant General's office shall be construed to mean the Nebraska Emergency Management Agency.
Source
Laws 1996, LB 43, § 49.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-830 - Office of Homeland Security; created; Director of State Homeland Security; Homeland Security Policy Group; created; members; duties.

81-830.
Office of Homeland Security; created; Director of State Homeland Security; Homeland Security Policy Group; created; members; duties.
(1) The Office of Homeland Security is created. The Governor shall appoint the Director of State Homeland Security who shall serve at the pleasure of the Governor.
(2) The purpose of the office is to ensure preparedness by the State of Nebraska in response to terrorist acts. The office shall coordinate efforts regarding domestic security issues with the United States Department of Homeland Security. The Director of State Homeland Security shall serve as the contact between the state and the United States Department of Homeland Security.
(3)(a) The Homeland Security Policy Group is created. The Director of State Homeland Security shall serve as chairperson of the policy group. The policy group is charged with assessing strategic alternatives and recommending broad courses of action for the development of comprehensive strategies. The Governor shall appoint other members of the policy group who shall serve at the will of the Governor. The Executive Board of the Legislative Council shall select one member of the Government, Military and Veterans Affairs Committee and one member of the Appropriations Committee of the Legislature to serve as ex officio nonvoting members of the policy group.
(b) The policy group shall report electronically by March 1 of each year to the executive board identifying federal funds sent to the state in support of its preparedness activities and indicating the use of federal funds received by the state for homeland security, including specific amounts allocated to any unit of state or local government and the use to which the unit shall apply the funds.
(c) The policy group shall not be subject to the Open Meetings Act or to sections 84-712 to 84-712.09.
Source
Laws 2006, LB 940, § 5;
Laws 2012, LB782, § 173.
Cross References
Open Meetings Act, see section 84-1407.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-885 - Act, how cited.

81-885.
Act, how cited.
Sections 81-885 to 81-885.56 shall be known and may be cited as the Nebraska Real Estate License Act.
Source
Laws 2009, LB30, § 1;
Laws 2010, LB931, § 26;
Laws 2016, LB678, § 1.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-885.02 - Broker, associate broker, real estate salesperson; license required; exemption; activities included.

81-885.02.
Broker, associate broker, real estate salesperson; license required; exemption; activities included.
After September 2, 1973, it shall be unlawful for any person, directly or indirectly, to engage in or conduct, or to advertise or hold himself or herself out as engaging in or conducting the business, or acting in the capacity, of a real estate broker, associate broker, or real estate salesperson within this state without first obtaining a license as such broker, associate broker, or salesperson, as provided in the Nebraska Real Estate License Act, unless he or she is exempted from obtaining a license under section 81-885.04.
For purposes of this section, acting as a real estate broker, associate broker, or real estate salesperson includes publicly marketing for sale an equitable interest in a contract for the purchase of real property between a property owner and a prospective purchaser.
Source
Laws 1973, LB 68, § 2;
Laws 1983, LB 182, § 2;
Laws 2009, LB30, § 2;
Laws 2022, LB892, § 1.
Annotations
A person cannot solicit the sale of another's property in exchange for an option to purchase the property from the owners to resell to the buyers for a higher price without being licensed as a broker or salesperson under the Nebraska Real Estate License Act or meeting one of the exceptions listed in section 81-885.04. Choice Homes v. Donner, 311 Neb. 835, 976 N.W.2d 187 (2022).
A promissory note given by a vendor to a real estate broker in payment for a commission is enforceable even if, at the time of the sale, the broker was not properly licensed. Peterson and Vogt v. Livingston, 206 Neb. 753, 295 N.W.2d 106 (1980).
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-885.03 - Broker, associate broker, salesperson, defined; license required; cease and desist order; violation; fine; procedure.

81-885.03.
Broker, associate broker, salesperson, defined; license required; cease and desist order; violation; fine; procedure.
(1) Any person who, directly or indirectly for another, with the intention or upon the promise of receiving any form of compensation or consideration, offers, attempts, or agrees to perform or performs any single act described in subdivision (2) of section 81-885.01, whether as a part of a transaction, or as an entire transaction, shall be deemed a broker, associate broker, or salesperson within the meaning of the Nebraska Real Estate License Act, and such action shall constitute sufficient contact with the state for the exercise of personal jurisdiction over such person in any action arising out of such action. Committing a single act described in such subdivision by a person required to be licensed under the Nebraska Real Estate License Act and not so licensed shall constitute a violation of the act for which the commission may impose sanctions pursuant to this section for the protection of the public health, safety, or welfare.
(2) Notwithstanding any other provision of the law to the contrary, the director may issue a cease and desist order against any person who violates this section by performing any action described in subsection (1) of this section without the appropriate license. Such order shall be final ten days after issuance unless the violator requests a hearing pursuant to section 81-885.25.
(3) If such person violates a cease and desist order issued pursuant to this section, he or she shall be subject to further proceedings before the commission. If, during such proceedings, the commission makes a finding of guilt, the commission may impose a fine not to exceed (a) one thousand dollars for each day that any action is performed without the appropriate license following the issuance of the order or (b) the amount of all money earned as commission by the violator, whichever is greater. Judgments for the collection of any fine imposed under this section may be filed in the district court of any county in this state.
(4) Notice and hearing requirements under this section shall be in accordance with the Administrative Procedure Act.
Source
Laws 1973, LB 68, § 3;
Laws 1983, LB 182, § 3;
Laws 2002, LB 863, § 11;
Laws 2010, LB691, § 1.
Cross References
Administrative Procedure Act, see section 84-920.
Annotations
A person who solicits the sale of another's property in exchange for an option to purchase the property from the owners to resell to the buyers for a higher price is acting as a broker under this section. Choice Homes v. Donner, 311 Neb. 835, 976 N.W.2d 187 (2022).
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-885.05 - Railroads; public utilities; applicability of act.

81-885.05.
Railroads; public utilities; applicability of act.
The Nebraska Real Estate License Act shall not apply to railroads and other public utilities regulated by the State of Nebraska, or their subsidiaries or affiliated corporations, or to the officers or regular employees thereof, unless performance of any of the acts described in subdivision (2) of section 81-885.01 is in connection with the sale, purchase, lease, or other disposition of real estate or investment therein unrelated to the principal business activity of such railroad or other public utility or affiliated or subsidiary corporation thereof.
Source
Laws 1973, LB 68, § 5;
Laws 1983, LB 182, § 5;
Laws 2009, LB30, § 3.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-885.06 - Action for recovery of compensation; prohibited, except to licensed brokers, associate brokers, or salespersons.

81-885.06.
Action for recovery of compensation; prohibited, except to licensed brokers, associate brokers, or salespersons.
No action or suit shall be instituted, nor recovery be had, in any court of this state by any person for compensation for any act done or service rendered, the doing or rendering of which is prohibited under the Nebraska Real Estate License Act to other than licensed brokers, licensed associate brokers, or licensed salespersons. A licensed broker may bring an action in the name of a partnership, limited liability company, or corporation if the broker operates under any of such business organizations.
Source
Laws 1973, LB 68, § 6;
Laws 1978, LB 361, § 2;
Laws 1983, LB 182, § 6;
Laws 1993, LB 121, § 531.
Annotations
Under the current statute, a licensed broker may bring an action under this section even if the partnership or corporation under which he operates is not licensed. Under the previous statute, section 81-885.16, R.R.S.1943, Reissue of 1976, such an action would be barred. Peterson and Vogt v. Livingston, 206 Neb. 753, 295 N.W.2d 106 (1980).
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-885.08 - Seal; adopt; use.

81-885.08.
Seal; adopt; use.
The commission shall adopt a seal, which may be either an engraved or ink stamp seal, with the words State Real Estate Commission, State of Nebraska and such other device as the commission may desire included thereon, by which the acts of the commission shall be authenticated. Copies of all records and papers in the office of the commission, certified by the signature of the director and the seal of the commission, shall be received in evidence in all cases equally and with like effect as the originals.
Source
Laws 1973, LB 68, § 8.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-885.09 - Attorney General; opinions on questions of law; act as attorney; fees and expenses; paid from State Real Estate Commission's Fund.

81-885.09.
Attorney General; opinions on questions of law; act as attorney; fees and expenses; paid from State Real Estate Commission's Fund.
The Attorney General shall render to the State Real Estate Commission opinions on all questions of law relating to the interpretation of the Nebraska Real Estate License Act or arising in the administration thereof and shall act as attorney for the commission in all actions and proceedings brought by or against it under or pursuant to the act. All fees and expenses of the Attorney General arising out of such duties shall be paid out of the State Real Estate Commission's Fund.
Source
Laws 1973, LB 68, § 9;
Laws 1983, LB 182, § 8;
Laws 2009, LB30, § 4.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-885.10 - Commission; powers; licensing; sanctions; consent decrees; civil fine.

81-885.10.
Commission; powers; licensing; sanctions; consent decrees; civil fine.
The commission shall have the full power to regulate the issuance of licenses and the activities of licensees and may impose sanctions pursuant to this section for the protection of the public health, safety, or welfare. The commission may revoke or suspend licenses issued under the Nebraska Real Estate License Act, censure licensees, enter into consent decrees, and issue cease and desist orders to violators of section 81-885.03. The commission may, alone or in combination with such disciplinary actions, impose a civil fine on a licensee for each violation alleged in a complaint for which the commission has made a finding of guilt, except that the total fine for such violations shall not exceed two thousand five hundred dollars per complaint. The commission may also impose a civil fine on violators of section 81-885.03 subject to the limits in such section.
The commission shall retain its powers under this section with respect to the actions of a licensee, whether or not he or she continues to be licensed under the act.
Source
Laws 1973, LB 68, § 10;
Laws 1983, LB 182, § 9;
Laws 2009, LB30, § 5;
Laws 2010, LB691, § 2.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-885.11 - Broker or salesperson; application for license; contents; expiration.

81-885.11.
Broker or salesperson; application for license; contents; expiration.
(1) Any person desiring to act as a real estate broker or real estate salesperson shall file an application for a license with the commission. The application shall be in such form and detail as the commission prescribes, setting forth the following:
(a) The name and address of the applicant and, when applicable, the name under which he or she intends to conduct business; if the applicant will be conducting business through a partnership, the name and residence address of each member thereof, the name of the partnership's designated broker, and the name under which the partnership business is to be conducted; if the applicant will be conducting business through a limited liability company, the name and address of each of its members, the name of the company's designated broker, and the name under which the business will be conducted; if the applicant will be conducting business through a corporation, the name and address of each of its principal officers, the name of the corporation's designated broker, and the name under which the business will be conducted; and if the applicant is an individual, the applicant's social security number;
(b) The place or places, including the city or village with the street and street number, if any, where the business is to be conducted; and
(c) Such other information as the commission requires.
(2) An application for a broker's or salesperson's license shall expire one year after date of receipt in the commission office.
Source
Laws 1973, LB 68, § 11;
Laws 1978, LB 361, § 4;
Laws 1983, LB 182, § 10;
Laws 1990, LB 350, § 4;
Laws 1993, LB 121, § 532;
Laws 1997, LB 752, § 219;
Laws 2002, LB 863, § 12;
Laws 2014, LB687, § 1.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-885.12 - License; when granted.

81-885.12.
License; when granted.
(1) Licenses shall be granted only to persons who bear a good reputation for honesty, trustworthiness, integrity, and competence to transact the business of broker or salesperson in such manner as to safeguard the interest of the public and only after satisfactory proof of such qualifications has been presented to the commission. No license shall be granted to an applicant who will be conducting business through a corporation, partnership, or limited liability company unless any stockholder, partner, or member having a controlling interest therein, if any, bears a good reputation for honesty, trustworthiness, and integrity.
(2) When an applicant has been convicted of forgery, embezzlement, obtaining money under false pretenses, larceny, extortion, conspiracy to defraud, or any other similar offense or offenses or has been convicted of a felony or a crime involving moral turpitude in any court of competent jurisdiction of this or any other state, district, or territory of the United States or of a foreign country, such untrustworthiness of the applicant and the conviction may in itself be sufficient ground for refusal of a license.
(3) The commission may in its discretion deny a license to any person who has engaged in the real estate business without a license.
(4) When an applicant has made a false statement of material fact on an application, such false statement may in itself be sufficient ground for refusal of a license.
(5) Grounds for suspension or revocation of a license, as provided for by the Nebraska Real Estate License Act, or the previous revocation of a real estate license shall also be grounds for refusal to grant a license.
Source
Laws 1973, LB 68, § 12;
Laws 1978, LB 361, § 5;
Laws 1983, LB 182, § 11;
Laws 1990, LB 350, § 5;
Laws 1993, LB 121, § 533;
Laws 2002, LB 863, § 13.
Annotations
A real estate broker's license may be suspended or revoked for misconduct occurring in a real estate transaction whether the broker is acting for himself or for others. Wright v. State ex rel. State Real Estate Comm., 208 Neb. 467, 304 N.W.2d 39 (1981).
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-885.15 - Fees; deposited in State Real Estate Commission's Fund; investment.

81-885.15.
Fees; deposited in State Real Estate Commission's Fund; investment.
All fees collected under the Nebraska Real Estate License Act shall be deposited in the state treasury in a fund to be known as the State Real Estate Commission's Fund. The commission may use such part of the money in this fund as is necessary to be used by it in the administration and enforcement of the act. Transfers may be made from the fund to the General Fund at the direction of the Legislature through June 30, 2019. The State Real Estate Commission's Fund shall be paid out only upon proper vouchers and upon warrants issued by the Director of Administrative Services and countersigned by the State Treasurer, as provided by law. The expenses of conducting the office must always be kept within the income collected and deposited with the State Treasurer by such commission and such office, and the expense thereof shall not be supported or paid from any other state fund. Any money in the State Real Estate Commission's 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.
The State Treasurer shall transfer two hundred thousand dollars from the State Real Estate Commission's Fund to the General Fund on or before June 30, 2018, on such dates and in such amounts as directed by the budget administrator of the budget division of the Department of Administrative Services. The State Treasurer shall transfer two hundred thousand dollars from the State Real Estate Commission's Fund to the General Fund on or before June 30, 2019, on such dates and in such amounts as directed by the budget administrator of the budget division of the Department of Administrative Services.
Source
Laws 1973, LB 68, § 15;
Laws 1983, LB 182, § 14;
Laws 2009, LB30, § 6;
Laws 2009, First Spec. Sess., LB3, § 68;
Laws 2017, LB331, § 49.
Cross References
Nebraska Capital Expansion Act, see section 72-1269.
Nebraska State Funds Investment Act, see section 72-1260.