Revised
October, 2002
Administration: These statutes have either an effect upon or generally pertain to the administration and operation of the Nebraska Department of Agriculture, State Office Building, 301 Centennial Mall South, Lincoln, Nebraska 68509. Telephone: (402)471-2341.
Revisions: These statutes were last revised during the 2002 session of the Nebraska Legislature.
Rules: A regulation has been promulgated under these statutes, known as Title 19, Chapter 1, Nebraska Administrative Code - Rules of Practice and Procedure.
81-101 Executive department; civil
administration vested in Governor; departments created.
81-102 Department heads; enumeration;
appointment and confirmation; removal.
81-103 Department heads; salaries; powers of
Governor.
81-104 Expending agency; special funds;
available for expenditure upon approval of estimate of expenses.
81-104.01 Agency; petty cash funds; how established; voucher;
warrant.
81-107 Departments; assistants and employees;
appointment; termination compensation.
81-108 Department heads and employees;
restrictions; exceptions.
81-109 Department heads; serve without term;
exception.
81-110 Departments; officers; oath.
81-111 Departments; officers; bond required.
81-112 Department heads; rules and regulations;
power to make.
81-113 Departments; business hours.
81-114 Departments; official seal.
81-117 Department heads; employees; extra
services; compensatory time off or payment; employees on hourly basis; guaranteed workweek;
work period; how treated.
81-117.01 Terms, defined.
81-117.02 Compensatory time off or payment; when not
applicable.
81-118 Departments; receipts; payment to
treasury; expenditures; when authorized.
81-118.01 Electronic payment; acceptance;
conditions.
81-118.02 State purchasing card program; created;
requirements; State Treasurer and Director of Administrative Services; duties.
81-119 Departments; investigations; power to
compel testimony.
81-201 Department of Agriculture; general
powers.
81-201.03 Office services; authorized; powers.
81-201.04 Office services; billings and charges; Management
Services Expense Revolving Fund; created; receipts; disbursements; investment.
81-201.05 Weed and Insect Books Cash Fund; created; use;
investment.
2-15,100 Water planning and review; how conducted;
assistance.
23-116 Insect pests; plant diseases; control;
cooperation with federal and state agencies.
29-830 Inspection warrant, defined.
29-831 Peace officer, defined.
29-832 Inspection warrant; when used.
29-833 Inspection warrant; issuance;
procedure.
29-834 Inspection warrants; laws applicable.
29-835 Violations; penalty.
58-226 Nebraska Investment Finance Authority;
created; members; qualifications.
59-1617 (Consumer Protection Act) Exempted
transactions.
66-1335 Nebraska Ethanol Board; established; terms;
vacancy; meetings; expenses.
66-1336 Administrator; appointed; duties.
66-1337 Board; administrative powers; advisory
committee.
81-1021 Identification requirements; exceptions.
81-1201.04 Commission; members; qualifications; chairperson;
coordination.
81-15,170 Nebraska Environmental Trust Board; created;
membership; qualifications; executive director.
84-1207 State executive head; duties.
84-1207.01 Agency head; designate records officer; duties.
85-162.03 State Forester; cooperate with other
agencies.
81-102. Department heads; enumeration; appointment and confirmation;
removal.
81-103. Department heads; salaries; powers of Governor.
81-104. Expending agency; special funds; available for expenditure upon
approval of estimate of expenses.
81-104.01. Agency; petty cash funds; how established; voucher;
warrant.
81-107. Departments; assistants and employees; appointment; termination
compensation.
81-108. Department heads and employees; restrictions;
exceptions.
(2) Nothing in this section shall be interpreted as prohibiting the head of one of the
departments referred to in section 81-101 from serving on any public advisory or policymaking
board, commission, committee, or council.
(3) No person shall be hired as an employee of any department referred to in section
81-101 while a member of his or her family is serving as the head of the department. This
subsection shall not require the termination of employment of (a) any person who is an employee
of a department at the time a member of his or her family is appointed to head the department
or (b) any person who is an employee of a department on May 18, 1991.
(4) For purposes of this section, member of his or her family shall mean any individual
related to the employee by blood, marriage, or adoption as the employee's spouse, child, parent,
brother, sister, grandchild, or grandparent or any individual so related to the employee's spouse.
81-109. Department heads; serve without term; exception.
81-110. Departments; officers; oath.
81-111. Departments; officers; bond required.
81-112. Department heads; rules and regulations; power to make.
81-113. Departments; business hours.
81-114. Departments; official seal.
81-117. Department heads; employees; extra services; compensatory time
off or payment; employees on hourly basis; guaranteed workweek; work period; how
treated.
(2) No state agency, engaged in the operation of a hospital or an establishment which is
an institution primarily engaged in the care of the sick, the aged, or the mentally ill or defective
who reside on the premises, shall be deemed to have violated sections 81-117 to 81-117.02 if a
period of eight hours per day or eighty hours per fourteen consecutive calendar days is
established for purposes of determining overtime compensation. Regular employees working on
the hourly basis shall be paid wages equivalent to their regular wages for the usual number of
work hours for days declared by statutory act or proclamation of the President of the United
States or the Governor to be holidays; PROVIDED, employees who have had at least one year of
continuous employment with the state as hourly employees shall be guaranteed forty hours work
each week.
(3) No state agency shall be deemed to have violated sections 81-117 to 81-117.02 with
respect to employment in fire protection activities, law enforcement activities, including security
personnel at correctional institutions, or agricultural activities, if (a) in a work period of
twenty-eight consecutive days the employee receives, for four tours of duty which in the
aggregate exceed two hundred hours, or (b) in the case of such employees to whom a work
period of at least seven but less than twenty-eight days applies, in such work periods the
employee receives, for four tours of duty which in the aggregate exceed the number of hours
which bear the same ratio to the number of consecutive days of work period as two hundred
hours bears to twenty-eight days, compensation at a rate not less than one and one-half times the
regular rate at which the employee is paid for all hours in excess of subdivisions (a) and (b) of
this subsection.
81-117.01. Terms, defined.
(1) Employee shall mean an employee of any state agency, department, commission,
board, or office, except (a) state employees who hold a publicly elected office of the State of
Nebraska, (b) state employees who serve as a chief administrative officer for a state agency,
department, commission, board, or office, and (c) all academic personnel of the University of
Nebraska and the state colleges;
(2) Department shall mean and include any state agency, department, commission,
board, or office, specifically including the University of Nebraska and the state colleges; and
(3) Overtime pay is computed on the basis of hours worked.
81-117.02. Compensatory time off or payment; when not applicable.
81-118. Departments; receipts; payment to treasury; expenditures; when
authorized.
81-118.01 Electronic payment; acceptance; conditions.
(2) The total amount of such taxes, levies, excises, duties, customs, tolls, interest,
penalties, fines, licenses, fees, or assessments of whatever kind or nature, whether general or
special, paid for by credit card, charge card, debit card, or electronic funds transfer shall be
collected by the state official or state agency.
(3) Any state official or state agency operating a facility in a proprietary capacity may
choose to accept credit cards, charge cards, or debit cards, whether presented in person or
electronically, or electronic funds transfers as a means of cash payment, and may adjust the price
for services to reflect the handling and payment costs.
(4) The state official or state agency shall obtain, for each transaction, authorization for
use of any credit card, charge card, or debit card used pursuant to this section from the financial
institution, vending service company, credit card or charge card company, or third-party
merchant bank providing such service.
(5) The types of credit cards, charge cards, or debit cards accepted and the payment
services provided for any state official or state agency shall be determined by the State Treasurer
and the Director of Administrative Services with the advice of the committee convened pursuant
to subsection (5) of section 13-609. The State Treasurer and the director shall contract with one
or more credit card, charge card, or debit card companies or third-party merchant banks for
services on behalf of the state and those counties, cities, and political subdivisions that choose to
participate in the state contract for such services. Any negotiated discount, processing, or
transaction fee imposed by a credit card, charge card, or debit card company or third-party
merchant bank shall be considered, for purposes of this section, as an administrative expense.
(6) A state official or state agency obtaining, for each transaction, authorization for use
of any credit card or charge card used pursuant to this section may, but is not required to, impose
a surcharge or convenience fee upon the person making a payment by credit card or charge card
so as to wholly or partially offset the amount of any discount or administrative fees charged to
the state agency, but the surcharge or convenience fee shall not exceed the surcharge or
convenience fee imposed by the credit card or charge card companies or third-party merchant
banks which have contracted under subsection (5) of this section. The surcharge or convenience
fee shall be applied only when allowed by the operating rules and regulations of the credit card or
charge card involved or when authorized in writing by the credit card or charge card company
involved. When a person elects to make a payment to a state agency by credit card or charge
card and such a surcharge or convenience fee is imposed, the payment of such surcharge or
convenience fee shall be deemed voluntary by such person and shall be in no case refundable. If a
payment is made electronically by credit card, charge card, debit card, or electronic funds transfer
as part of a system for providing or retrieving information electronically, the state official or state
agency shall be authorized but not required to impose an additional surcharge or convenience fee
upon the person making a payment.
(7) For purposes of this section, electronic funds transfer means the movement of funds
by nonpaper means, usually through a payment system, including, but not limited to, an
automated clearinghouse or the Federal Reserve's Fedwire system.
81-118.02. State purchasing card program; created; requirements; State
Treasurer and Director of Administrative Services; duties.
(2) Any state official, state agency, or political subdivision may utilize the state
purchasing card program for the purchase of goods and services for and on behalf of the State of
Nebraska.
(3) Vendors accepting the state's purchasing card shall obtain authorization for all
transactions in accordance with the department's authorization instructions. Authorization shall
be from the financial institution, card-issuing bank, credit card company, charge card company,
debit card company, or third-party merchant bank contracted to provide such service to the State
of Nebraska. Each transaction shall be authorized in accordance with the instructions provided
by the department for each state official, state agency, or political subdivision.
(4) An itemized receipt for purposes of tracking expenditures shall accompany all state
purchasing card purchases. In the event that an itemized receipt does not accompany such a
purchase, the Department of Administrative Services shall have the authority to temporarily or
permanently suspend state purchasing card purchases in accordance with rules and regulations
adopted and promulgated by the department.
(5) Upon the termination or suspension of employment of an individual using a state
purchasing card, such individual's state purchasing card account shall be immediately closed and
he or she shall return the state purchasing card to the department or agency from which it was
obtained.
(6) No officer or employee of the state shall use a state purchasing card for any
unauthorized use as determined by the department by rule and regulation.
81-119. Departments; investigations; power to compel testimony.
81-201. Department of Agriculture; general powers.
81-201.03. Office services; authorized; powers.
81-201.04. Office services; billings and charges; Management Services
Expense Revolving Fund; created; receipts; disbursements; investment.
There is hereby created the Management Services Expense Revolving Fund. All gifts, grants,
and fees or charges collected for such services from any source, including federal, state, public,
or private sources, and any appropriation by the Legislature for such purpose shall be credited to
such fund. Expenditures shall be made from the fund for the payment of expenses. Such
payments shall be made by the Director of Agriculture. Any money in the fund available for
investment shall be invested by the state investment officer pursuant the Nebraska Capital
Expansion Act and the Nebraska State Funds Investment Act.
81-201.05. Weed and Insect Books Cash Fund; created; use;
investment.
2-15,100. Water planning and review; how conducted;
assistance.
23-116. Insect pests; plant diseases; control; cooperation with federal and
state agencies.
29-830. Inspection warrant, defined.
29-831. Peace officer, defined.
All state, county, city and village officers and their agents and employees, charged by statute or
municipal ordinance with powers or duties involving inspection of real or personal property,
building premises and contents, including but not limited by enumeration to housing, electrical,
plumbing, heating, gas, fire, health, food, zoning, pollution, water, and weights and measures
inspections, shall be peace officers for the purpose of applying for, obtaining and executing
inspection warrants.
29-832. Inspection warrant; when used.
29-833. Inspection warrant; issuance; procedure.
29-834. Inspection warrants; laws applicable.
29-835. Violations; penalty.
58-226. Nebraska Investment Finance Authority; created; members;
qualifications.
(2) The authority shall be composed of nine members as follows:
(b) Six public members who shall be appointed by the Governor as follows:
(ii) One member shall be experienced in industrial mortgage credit, commercial credit,
agricultural credit, or housing mortgage credit;
(iii) One member shall be experienced in banking or investment banking;
(iv) One member shall be experienced in home building or shall be a licensed real estate
broker;
(v) One member shall be experienced in agricultural production; and
(vi) One member shall be appointed at large.
59-1617. (Consumer Protection Act) Exempted transactions.
(2) Actions and transactions prohibited or regulated under the laws administered by the
Director of Insurance shall be subject to section 59-1602 and all statutes which provide for
the implementation and enforcement of section 59-1602. Actions and transactions prohibited or
regulated under the laws administered by the Board of Funeral Directing and Embalming or
administered by the Department of Agriculture and actions and transactions relating to loan
brokers which are prohibited or regulated pursuant to sections 45-189 to 45-191.11 and
administered by the Department of Banking and Finance shall be subject to the Consumer
Protection Act.
No penalty or remedy shall result from a violation of the Consumer Protection Act except as
expressly provided in such act.
66-1335. Nebraska Ethanol Board; established; terms; vacancy;
meetings; expenses.
(2) Members shall be appointed for terms of four years, except that of the initial
appointees the terms of the member representing labor interests and the member engaged in
general farming shall expire on August 31, 1994, the terms of the member engaged in sorghum
production and the member engaged in wheat production shall expire on August 31, 1995, the
term of the member representing petroleum marketers shall expire on August 31, 1996, and the
terms of the member engaged in business and the member engaged in corn production shall
expire on August 31, 1997. A member shall serve until a successor is appointed and qualified.
Not more than four members shall be members of the same political party.
(3) A vacancy on the board shall exist in the event of death, disability, resignation, or
removal for cause of a member. Any vacancy on the board arising other than from the expiration
of a term shall be filled by appointment for the unexpired portion of the term. An appointment to
fill a vacancy shall be made by the Governor with the approval of a majority of the Legislature,
and any person so appointed shall have the same qualifications as the person whom he or she
succeeds.
(4) The board shall meet at least once annually.
(5) The members shall be reimbursed for their actual and necessary expenses as
provided in sections 81-1174 to 81-1177. The members shall receive twenty-five dollars for each
day while engaged in the performance of board duties.
66-1336. Administrator; appointed; duties.
66-1337. Board; administrative powers; advisory committee.
81-1021. Identification requirements; exceptions.
(b) On the back thereof with the words State of Nebraska.
(b) The Department of Health and Human Services or the Department of Correctional
Services for the purpose of apprehending and returning escaped offenders or parole violators to
facilities in the Department of Correctional Services and transporting offenders and personnel of
the Department of Correctional Services and patients and personnel of the Department of Public
Institutions until January 1, 1997, and on and after January 1, 1997, the Department of Health
and Human Services who are engaged in off-campus program activities;
(c) The Military Department;
(d) Vocational rehabilitation counselors and the Department of Health and Human
Services for the purposes of communicable disease control, for the prevention and control of
those communicable diseases which endanger the public health, or used by the Department of
Health and Human Services Regulation and Licensure in the enforcement of drug control laws or
for other investigation purposes;
(e) The Department of Agriculture for special investigative purposes;
(f) The Nebraska Motor Vehicle Industry Licensing Board for investigative purposes;
and
(g) The Insurance Fraud Prevention Division of the Department of Insurance for
investigative purposes.
81-1201.04. Commission; members; qualifications; chairperson;
coordination.
(1) Production agriculture;
(2) Manufacturing;
(3) Transportation and communications;
(4) Travel and tourism; and
(5) Insurance.
The commission and department are encouraged to involve other essential groups in the work of
the commission, including, but not limited to, the (a) University of Nebraska, (b) Department of
Agriculture, (c) State Energy Office, (d) educational institutions, (e) Department of Labor, and
(f) Nebraska Investment Finance Authority. No more than five voting members of the
commission shall belong to the same political party.
81-15,170. Nebraska Environmental Trust Board; created;
membership; qualifications; executive director.
84-1207. State executive head; duties.
(1) Establish and maintain an active, continuing program for the efficient and
economical management of the record-keeping activities of the agency;
(2) Make and maintain records containing adequate and proper documentation of the
organization, functions, policies, decisions, procedures, and essential transactions of the
agency, designed to furnish information to protect the legal and financial rights of the state, and
of persons directly affected by the agency's activities;
(3) Make, and submit to the administrator, schedules proposing the length of time each
record series warrants retention for administrative, legal, historical or fiscal purposes, after it has
been made in or received by the agency, and lists of records in the custody of under the control of
the agency which are not needed in the transaction of current business, and do not possess
sufficient administrative, legal, historical or fiscal value to warrant their further retention;
(4) Inventory the records in the custody or under the control of the agency, and submit to
the administrator a report thereon, containing such data as the administrator shall prescribe, and
including his recommendations as to which if any such records should be determined to be
essential records. He shall review his inventory and report periodically and, as necessary, shall
revise his report so that it is current, accurate and complete; and
(5) Comply with the rules, regulations, standards and procedures issued and set up by
the administrator and the board, and cooperate in the conduct of surveys made by the
administrator pursuant to sections 84-1201 to 84-1226.
84-1207.01. Agency head; designate records officer; duties.
85-162.03. State Forester; cooperate with other agencies.
81-101. Executive department; civil administration vested in Governor;
departments created.
The civil administration of the laws of the state is vested in the Governor. For the purpose of
aiding the Governor in the execution and administration of the laws, the executive and
administrative work shall be divided into the following departments: (1) Department of
Agriculture; (2) Department of Labor; (3) Department of Roads; (4) Department of Natural
Resources; (5) Department of Banking and Finance; (6) Department of Insurance; (7)
Department of Motor Vehicles; (8) Department of Administrative Services; (9) Department of
Economic Development; (10) Department of Correctional Services; (11) Nebraska State Patrol;
(12) Department of Health and Human Services; (13) Department of Health and Human Services
Regulation and Licensure; (14) Department of Health and Human Services Finance and Support;
and (15) Department of Property Assessment and Taxation.
The Governor shall appoint heads for the various departments, subject to confirmation by a
majority vote of the members elected to the Legislature. Such appointments shall be submitted
to the Legislature within sixty calendar days following the first Thursday after the first Tuesday
in each odd-numbered year. The officers shall be designated as follows: (1) The Director of
Agriculture for the Department of Agriculture; (2) the Commissioner of Labor for the
Department of Labor; (3) the Director-State Engineer for the Department of Roads; (4) the
Director of Natural Resources for the Department of Natural Resources; (5) the Director of
Banking and Finance for the Department of Banking and Finance; (6) the Director of Insurance
for the Department of Insurance; (7) the Director of Motor Vehicles for the Department of Motor
Vehicles; (8) the Director of Administrative Services for the Department of Administrative
Services; (9) the Director of Correctional Services for the Department of Correctional Services;
(10) the Director of Economic Development for the Department of Economic Development; (11)
the Superintendent of Law Enforcement and Public Safety for the Nebraska State Patrol; (12) the
Director of Health and Human Services for the Department of Health and Human Services; (13)
the Director of Regulation and Licensure for the Department of Health and Human Services
Regulation and Licensure; (14) the Director of Finance and Support for the Department of Health
and Human Services Finance and Support; and (15) the Property Tax Administrator for the
Department of Property Assessment and Taxation. Whoever shall be so nominated by the
Governor and shall fail to receive the number of votes requisite for confirmation, shall not be
subject to nomination or appointment for this or any other appointive state office requiring
confirmation by the Legislature during the period for which his or her appointment was sought.
In case of a vacancy in any of such offices during the recess of the Legislature, the Governor
shall make a temporary appointment until the next meeting of the
Legislature, when he or she shall nominate some person to fill such office. Any person so
nominated who is confirmed by the Legislature, shall hold his or her office during the remainder
of the term if a specific term has been provided by law, otherwise during the pleasure of the
Governor subject to the provisions of this section; except any such officers may be removed by
the Governor pursuant to Article IV of the Constitution of Nebraska.
The Governor shall have authority to establish the salaries of all persons connected with the
various departments including the heads thereof.
No appropriation from any fund except the General Fund shall become available for expenditure
for any expending agency until such department shall submit to the Governor estimates of the
amount required for each activity to be carried on, and such estimates shall have been approved
by the Governor. A statement of the estimates as allowed shall be promptly furnished the
Director of Administrative Services for his guidance.
Whenever a need exists, the executive head of any agency of state government may make
application to the Director of Administrative Services and the Auditor of Public Accounts to
establish and maintain a petty cash fund of not less than twenty-five dollars nor more than three
hundred dollars at a specific location in this state. Such application shall specify the purpose for
which the fund is to be used. When the Director of Administrative Services and the Auditor of
Public Accounts have approved the establishment of any such fund, a voucher shall be submitted
to the Department of Administrative Services accompanied by such information as the
department may require for the establishment thereof. The Director of Administrative Services
shall issue a warrant for the amount specified and deliver it to the establishing agency. The funds
to initiate the petty cash fund shall be drawn from the appropriate fund of the agency based on
the use of the petty cash fund. When it becomes necessary to replenish any such fund, the
voucher therefor shall be accompanied by an accounting of transactions of the fund in such form
and detail as the Department of Administrative Services may provide.
The Governor shall, in each department, have the power to appoint such deputies, assistants,
employees, and clerical help, as shall be necessary or essential to the economical, efficient and
proper enforcement and administration of the laws of the state, and shall at the same time fix the
salaries of such appointees and prescribe their duties. The Governor shall also have the power
to discontinue the service of the head of any department or any employee when, in his judgment,
the same is no longer necessary. Such an appointee may be required to serve in one or more
departments and may be transferred from one department to another from time to time as an
efficient and economical administration shall require. The Governor shall confer with the heads
of the several departments who shall make recommendations to the Governor, from time to time,
relative to appointments, services, salaries, and duties of the appointees for their respective
departments. In providing for deputies, assistants, employees, or clerical help, the total
expenditures for the biennium shall not exceed the appropriation made by the Legislature for
such departments.
(1) Except as provided in subsection (2) of this section, no head of any department
referred to in section 81-101 shall hold any other public office or receive any profit from any
other public or private employment. For purposes of this section, employment shall not be
interpreted to mean membership on the board of directors of any corporation, business, or
association, whether or not the head of the department receives compensation for such
membership.
Each head of a department shall serve without term except the head of the Department of
Property Assessment and Taxation whose term is established in section 77-702.
Each head of a department, deputy, and assistant shall, before entering upon the duties of his
office, subscribe and take the constitutional oath of office, which shall be filed in the office of the
Secretary of State.
Each head of a department shall be bonded under the blanket surety bond required by section
11-201, which bond shall be filed in the office of the Secretary of State.
The head of each department is empowered to prescribe regulations, not inconsistent with law,
for the government of his department, the conduct of its employees and clerks, the distribution
and performance of its business, and the custody, use and preservation of the records, papers,
books, documents and property pertaining thereto.
Each department shall be open for the transaction of business at least from 8:00 a.m. until 5:00
p.m., of each day except Saturdays, Sundays, and days declared by statutory enactment or
proclamation of the President or Governor to be holidays.
Each department shall adopt an official seal.
(1) No head of a department or employee therein employed at a fixed compensation
shall be paid for any extra services, unless expressly authorized by law; PROVIDED, that when
any employee is required to work more than forty hours in any week he or she may, in the
discretion of the department head, be granted compensatory time off at the rate of one and
one-half times the hours worked in excess of forty in subsequent weeks when his or her duties
will permit, or be paid a sum equivalent to one and one-half times his or her hourly pay or his or
her monthly pay prorated on an hourly basis for such overtime hours.
As used in section 81-117, unless the context otherwise requires:
The payment or granting of compensatory time off in lieu of payment as prescribed in sections
81-117 to 81-117.02 shall not apply to (1) agency heads, their deputies and assistants, (2) chiefs
of divisions, bureaus, or comparable organizational elements, and (3) other professional,
executive, and administrative employees occupying classes of positions that by custom in
business, industry, and other governmental jurisdictions are normally exempt from receiving
overtime pay and may require the individual to work extra and irregular hours and that
acceptance of such position constitutes the employee's acknowledgment that such requirement is
a part of an obligation to the state as an employee thereof. The term deputy as used in this
section shall not apply to the deputy state fire marshals or deputy state sheriffs.
The gross amount of money received by every department, from whatever source, belonging to or
for the use of the state, shall be paid into the state treasury, without delay, not later in any event
than ten days after the receipt of the same, without any deduction on account of salaries, fees,
costs, charges, expenses or claims of any description whatever. No money belonging to or for
the use of the state shall be expended or applied by any department except in consequence of an
appropriation made by law and upon the warrant of the Director of Administrative Services.
(1) Any state official or state agency may accept credit cards, charge cards, or debit
cards, whether presented in person or electronically, or electronic funds transfers as a
method of cash payment of any tax, levy, excise, duty, custom, toll, interest, penalty, fine,
license, fee, or assessment of whatever kind or nature, whether general or special, as provided by
section 77-1702.
(1) A state purchasing card program shall be created. The State Treasurer and the
Director of Administrative Services shall determine the type of purchasing card or cards utilized
in the state purchasing card program. The State Treasurer shall contract with one or more
financial institutions, card-issuing banks, credit card companies, charge card companies, debit
card companies, or third-party merchant banks capable of operating the state purchasing card
program on behalf of the state and those political subdivisions that participate in the state
contract for such services. After the state purchasing card program has been in existence for two
years, a joint report issued from the State Treasurer and the director shall be submitted to the
Legislature and the Governor not later than January 1, 2001. The report shall include, but
not be limited to, the utilization, costs, and benefits of the program. The state purchasing card
program shall be administered by the Department of Administrative Services. The department
may adopt and promulgate rules and regulations as needed for the implementation of the state
purchasing card program. The department shall adopt and promulgate rules and regulations
providing authorization instructions for all transactions. Expenses associated with the state
purchasing card program shall be considered, for purposes of this section, as an administrative or
operational expense.
Each department created by section 81-101 shall have power through its head, any deputy,
assistant or employee, when authorized by him, to make a thorough investigation into all the
books, papers and affairs of any person, firm or corporation when in the judgment of such
department such examination is necessary to the proper performance of its duties and the
efficient enforcement of the laws, and in so doing to administer oaths and affirmations and to
examine on oath or affirmation any person, officer, agent or clerk of any firm or corporation
touching the matters which, in the judgment of such department, ought to be inquired into, and to
examine and to summon, and by attachment compel the attendance of, any person or persons in
this state to testify under oath before such department or its secretary or any deputy, any assistant
or employee thereof in relation thereto.
The Department of Agriculture shall have power (1) to encourage and promote, in every
practicable manner, the interest of agriculture; (2) to promote methods of conducting the industry
of agriculture with a view to increasing the production and facilitating the distribution thereof at
the least cost; (3) to collect and publish statistics relating to the production and marketing of
agricultural products, so far as such statistical information may be of value to the agricultural and
allied interests of the state, and to cooperate with the federal government in the matter of
collecting and publishing such statistical information; (4) to publish and distribute the Nebraska
Weed Book and the Nebraska Insect Book and supplemental inserts thereto, for sale and
distribution to the public for an amount not to exceed the cost of publication and distribution.
All money collected from the sale of the publications shall be paid to the State Treasurer and
deposited in the Weed and Insect Books Cash Fund; (5) to inquire into the causes of contagious,
infectious, and communicable diseases among domestic animals and the means for the
prevention and cure of the same; (6) to execute and enforce all laws relating to matters within its
jurisdiction and to adopt necessary rules and regulations for the administration and enforcement
of such laws; and (7) to employ special investigators who shall be appointed deputy state sheriffs
by the Governor and who shall, upon qualifying for such office, possess all the powers which
attach to such office, except that their powers and duties shall be restricted to the enforcement of
the laws of the State of Nebraska within the jurisdiction of the Department of Agriculture.
The Department of Agriculture may provide (1) data and word processing services, (2)
accounting and auditing services, (3) personnel services, (4) records management services,
(5) printing, sorting, and mailing services, (6) statistical services, (7) such services necessary to
carry out any duties or responsibilities placed upon the department by the Legislature, and (8)
other related services in cooperation with, on behalf of, or for any board, commission, or political
subdivision of the state or any other agency of the state or federal government.
In conjunction with providing services authorized pursuant to section 81-201.03, the Department
of Agriculture shall develop a system of equitable billings and charges for such services. Such
system of charges shall reflect, as nearly as may be practical, the actual share of costs incurred on
behalf of or for such services to any board, commission, or political subdivision of the state or
any other agency of the state or federal government. Any board, commission, or political
subdivision of the state or any other agency of the state or federal government which uses such
services shall pay for the services out of appropriated or available funds.
There is hereby created a fund to be known as the Weed and Insect Books Cash Fund. All money
credited to the fund shall be used by the Department of Agriculture to aid in defraying the cost of
publishing, preparing, and distributing the Nebraska Weed Book, the Nebraska Insect Book, and
any supplemental inserts to such books. 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.
The state water planning and review process shall be conducted under the guidance and general
supervision of the director. The director shall be assisted in the state water planning and review
process by the Game and Parks Commission, the Department of Agriculture, the Governor's
Policy Research Office, the Department of Health and Human Services Regulation and
Licensure, the Department of Environmental Quality, the Water Center of the University of
Nebraska, and the Conservation and Survey Division of the University of Nebraska. In addition,
the director may obtain assistance from any private individual, organization, political
subdivision, or agency of the state or federal government.
The county board shall have power to cooperate with the Nebraska Department of Agriculture,
the University of Nebraska Institute of Agriculture and Natural Resources, or the United States
Department of Agriculture in the control or eradication of insect pests or plant diseases
for the protection of agricultural or horticultural crops within the county and to expend money
from the general fund for this purpose.
An inspection warrant is an order in writing in the name of the people, signed by a judge of a
court of record, directed to a peace officer as defined in section 29-831, and commanding him to
conduct any inspection required or authorized by state or local law or regulation relating to
health, welfare, fire or safety.
As used in sections 29-830 to 29-835, unless the context otherwise requires:
Inspection warrants shall be issued only upon showing that consent to entry for inspection
purposes has been refused. In emergency situations neither consent nor a warrant shall be
required.
An inspection warrant shall be issued only by a judge of a court of record upon reasonable cause,
supported by affidavit describing the place and purpose of inspection. The judge may examine
the applicant and other witnesses, on oath, to determine sufficient cause for inspection.
All general laws pertaining to search warrants, including but not limited to the filing costs
involved and the conditions and time for return, shall be applicable to inspection warrants, unless
in conflict with sections 29-830 to 29-833.
Any person who willfully refuses to permit, interferes with, or prevents any inspection authorized
by inspection warrant shall be guilty of a Class III misdemeanor.
(1) There is hereby created a body politic and corporate, not a state agency, but an
independent instrumentality exercising essential public functions, to be known as the Nebraska
Investment Finance Authority. The authority shall have the powers and duties set forth in the
Nebraska Investment Finance Authority Act.
(a) The Director of Agriculture, the Director of Economic Development, and the
chairperson of the Nebraska Investment Council who shall be ex officio members; and
(3) All members shall be residents of the state. Of the public members, two members
shall be appointed from each congressional district. Of the six public members, not more
than three shall belong to the same political party. The three ex officio members may each
designate a representative to perform their respective duties under the act. It shall not
constitute a conflict of interest for members of the authority to serve on any other public board or
commission.
(i) One member shall be experienced in real estate development;
(1) Except as provided in subsection (2) of this section, the Consumer Protection Act
shall not apply to actions or transactions otherwise permitted, prohibited, or regulated under laws
administered by the Director of Insurance, the Public Service Commission, the Federal Energy
Regulatory Commission, or any other regulatory body or officer acting under statutory authority
of this state or the United States. The Consumer Protection Act and federal antitrust laws shall
not extend to or apply to (a) any actions or transactions on the part of any municipality or group
of municipalities while engaged in regulating natural gas rates pursuant to the Municipal Natural
Gas Regulation Act or section 16-679 or 17-528.02 or as otherwise permitted by law or (b) any
actions or transactions on the part of any public power and irrigation district, public power
district, electric membership association, or joint authority created pursuant to the Joint Public
Power Authority Act or of any agency created pursuant to the Municipal Cooperative Financing
Act, cooperative, or municipality engaged in furnishing electrical service to customers at retail or
wholesale if such actions or transactions are otherwise permitted by law.
(1) The Nebraska Ethanol Board is hereby established. The board shall consist of seven
members to be appointed by the Governor with the approval of a majority of the Legislature.
The Governor shall make the initial appointments within thirty days after September 1, 1993.
Four members shall be actually engaged in farming in this state, one in general farming and one
each in the production of corn, wheat, and sorghum. One member shall be actively engaged in
business in this state. One member shall represent labor interests in this state. One member shall
represent Nebraska petroleum marketers in this state.
The board shall retain the services of a full-time administrator to be appointed by the board. The
administrator shall hold office at the pleasure of the board. The administrator shall compile a
biennial report to be submitted to the board and the Clerk of the Legislature. The report shall set
forth the activities, contracts, and projects of the board for the previous biennium and the amount
of funds expended. Each member of the Legislature shall receive a copy of such report by
making a request for it to the board.
The board may rent office space and employ such personnel as may be necessary for the
performance of its duties. The board may employ the services of experts and consultants and
expend funds necessary to acquire title to commodities pursuant to section 66-1340, to promote
air quality improvement programs, or to otherwise carry out the board's duties under the Ethanol
Development Act. The board shall have an advisory committee of four persons, one representing
each of the following: The Department of Economic Development, the University of Nebraska,
the Department of Agriculture, and the State Energy Office.
(1) All motor vehicles acquired by the State of Nebraska shall be indelibly and
conspicuously lettered, in plain letters of a contrasting color or reflective material:
(a) On each side thereof with the words State of Nebraska and following such words the
name of whatever board, department, bureau, division, institution, including the University of
Nebraska or state college, office, or other state expending agency of the state to which the motor
vehicle belongs; and
(2) This section shall not apply to motor vehicles used or controlled by:
(a) The Nebraska State Patrol, the Public Service Commission, the Game and Parks
Commission, deputy state sheriffs employed by the Nebraska Brand Committee and State
Fire Marshal for state law enforcement purposes, inspectors employed by the Nebraska Liquor
Control Commission, and persons employed by the Tax Commissioner for state revenue
enforcement purposes, the exemption for state law enforcement purposes and state revenue
enforcement purposes being confined strictly to the seven agencies specifically named;
The commission shall consist of nine voting members appointed by the Governor. The
chairperson of the commission shall be one of the nine appointed members and shall be chosen
by the commission. Each congressional district in Nebraska shall be represented by three
members, and the Governor shall solicit nominations for appointments to the commission from
recognized economic development groups in Nebraska. The members of the commission shall
be representative, to the extent possible, of the various geographic areas of the state and of both
the urban and rural population. The director shall serve as an ad hoc nonvoting member of the
commission. In appointing the members, the Governor shall seek to create a broad-based
commission representative of the Nebraska economy. To achieve this objective the Governor
shall consider persons with backgrounds in the following areas:
The Nebraska Environmental Trust Board is hereby created as an entity of the executive branch.
The board shall consist of the Director of Environmental Quality, the Director of Regulation and
Licensure, the Director of Natural Resources, the Director of Agriculture, the secretary of the
Game and Parks Commission, and nine citizens appointed by the Governor with the approval
of a majority of the Legislature. The citizen members shall begin serving immediately following
notice of nomination and prior to approval by the Legislature. The citizen members shall
represent the general public and shall have demonstrated competence, experience, and interest in
the environment of the state. Two of the citizen appointees shall also have experience with
private financing of public-purpose projects. Three appointees shall be chosen from each of the
three congressional districts. The board shall hire an executive director who shall hire and
supervise other staff members as may be authorized by the board. The executive director shall
serve at the pleasure of the board and be solely responsible to it. The Game and Parks
Commission shall provide administrative support, including, but not limited to, payroll and
accounting functions, to the board.
In accordance with general law, and with such rules and regulations as shall be promulgated by
the administrator and the board as provided in section 84-1216, such head of any state agency,
department, board, council, legislative or judicial branch, and political subdivision shall:
In addition to the duties enumerated in section 84-1207, each state agency head shall designate a
records officer from the management or professional level who shall be responsible for the
overall coordination of records management activities within the agency.
In carrying out the provisions of sections 85-162.01 to 85-162.05, the State Forester shall
cooperate with (1) any agency or bureau of the United States, including, but not limited to, the
Forest Service, the Natural Resources Conservation Service, the Farm Service Agency, the
Bureau of Reclamation, the Corps of Engineers, and the Bureau of Outdoor Recreation, (2) any
agency or bureau of the State of Nebraska or its political subdivisions, including, but not limited
to, the Game and Parks Commission, the Department of Natural Resources, the State Fire
Marshal, the Department of Agriculture, the Adjutant General, the Department of Economic
Development, and the Conservation and Survey Division of the University of Nebraska, and (3)
any incorporated municipality of the state or any political subdivision of the state, including, but
not limited to, rural fire districts, natural resources districts, and weed control districts.