All Roll Calls
Yes: 457 • No: 97
NebraskaLB298109th Legislature 1st and 2nd Sessionslegislature
Provide for the Division of Legislative Oversight, the Director of Legislative Oversight, and the Legislative Oversight Committee and change provisions relating to the Public Counsel, the office of Inspector General of Nebraska Child Welfare, and the office of Inspector General of the Nebraska Correctional System
Sponsored By: John Arch
Signed by Governor
Executive Board
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Bill Overview
Analyzed Economic Effects
31 provisions identified: 20 benefits, 1 costs, 10 mixed.
New legislative oversight division and committee
The law creates a Division of Legislative Oversight inside the Legislature. A Director serves a six‑year term, picked by a two‑thirds vote, and cannot be a recent legislator or hold another state office. A Legislative Oversight Committee of key lawmakers approves the division’s yearly work plan and performance measures. Reviews must be nonpartisan and follow audit and inspector‑general standards.
Stronger child welfare oversight and access
Agencies must quickly report child deaths, serious injuries, sexual abuse claims, and major incidents at youth treatment centers to the Inspector General. The Department must tell the Inspector General when a criminal probe starts and ends, and when juvenile‑services leaders change. The Inspector General can make unannounced visits and get secure electronic access to case files and data. If agencies claim privilege, they must try to resolve it; if not, the office can seek subpoenas. Each year by September 15, the Inspector General files a public report and must refer suspected crimes to the proper authorities.
Witness protections and payments in oversight
If you appear by subpoena, you can get witness fees and mileage after filing a sworn voucher approved by the Executive Board chair. If your employer is under investigation, its lawyer cannot represent you in Inspector General interviews. You may ask that the employer’s lawyer be present, but they must tell you they do not represent you.
Stronger whistleblower protections for public employees
If you work for a covered public agency, you are protected from job retaliation for reporting suspected wrongdoing, filing a complaint, or helping an investigation. This covers reports to the Inspector General or the Public Counsel. These rules protect workers who speak up.
Child welfare watchdog: structure and powers
The child welfare Inspector General sits in the Division of Legislative Oversight. The director appoints the IG with legislative approval. The IG serves five years, must get professional certification within two years, and stays nonpartisan. The office can audit, inspect, and investigate and has direct access to child welfare and juvenile justice records. It can take up issues in the Legislative Oversight Committee’s approved work plans and must set priorities with input from the oversight director.
Correctional watchdog staffing and records rules
The correctional Inspector General can hire investigators and staff within the approved budget and works under the Director of Legislative Oversight. Removing the Inspector General needs the oversight committee chair’s OK or a two‑thirds committee vote. The law clarifies who counts as an administrator and what records are covered, including medical, mental health, case files, and electronic records.
Cost checks on big state projects
For state land and building work costing $400,000 or more, the building division must prepare cost analyses and send them to the Governor and the Legislative Fiscal Analyst. The dollar threshold adjusts every four years based on construction costs. Agencies must submit copies of contracts before signing and keep copies for inspection. Right‑of‑way projects by the Transportation Department are excluded.
Faster subpoenas for legislative oversight
When the Inspector General asks, the Legislative Oversight Committee can issue subpoenas after the Executive Board approves. The committee must vote within 10 days. Courts must decide subpoena disputes within 20 days, with appeals due in 10 days. Cases are heard in Lancaster County. The Executive Board provides the committee legal representation.
Faster subpoenas for Public Counsel
The Public Counsel can ask for subpoenas to make people testify or turn over records. The Executive Board must vote within 10 days, and subpoenas usually give 30 days to respond. Courts in Lancaster County decide subpoena fights within 20 days, with a 10‑day appeal window. The Board can seek contempt for disobedience, and witnesses get the same fees and rights as in court. When a new Legislature starts, pending subpoenas must be voted on within 10 days to renew them.
New watchdog for state prisons
The law creates an Inspector General for Nebraska’s correctional system with a five‑year term and required qualifications. The office can visit prisons, department offices, and private agencies, announced or unannounced, and request or subpoena needed records. People must answer truthfully and not obstruct; the office may secure records, have custodians attest to record integrity, and allow on‑site copying. The office must return original records within ten business days. It can share confidential information with specific legislative chairs when appropriate, and summary reports are released only after leadership review for the public interest.
Performance audits strengthened and streamlined
The Legislative Audit Office conducts performance audits under the Oversight Committee and must follow the 2024 Government Auditing Standards. If the Legislative Auditor asks, the committee can issue subpoenas to get audit evidence. The Governor, any constitutional officer, any legislator, and several legislative directors can request audits. The Auditor must quickly alert the Oversight Committee to potential program problems, and performance audits need a majority vote by that committee. The Executive Board no longer appoints the Legislative Auditor. The Auditor may share working papers with the Legislative Council and named enforcement agencies, and the act repeals listed sections tied to the old setup.
Police get parolee names and rules
For anyone on parole, the Board of Parole provides the person’s name, parole officer, and conditions to the state law enforcement commission. Police get access to this information through the state criminal justice system.
Protections for whistleblowers and staff
If you share records in good faith, it is not a confidentiality breach. Employers must provide requested records and cannot retaliate against you for helping or filing a complaint. Employers cannot demand supervisor approval to complain or force their lawyer into your interview. The office may keep the name of a good‑faith reporter secret. If investigators secure original records, you can make copies in their presence within a reasonable time.
Public Counsel oversight of juvenile cases
The law establishes the Office of Public Counsel. The Public Counsel can investigate cases for juveniles in youth treatment centers and those reentering the community. Agencies and providers must cooperate. Employees who knowingly leak confidential records in ways the law does not allow can be fired.
Public Counsel scope and confidentiality
The Office of Public Counsel can review many state agencies, behavioral‑health regions and their providers, state health and human‑services contractors, and local jails and their employees. Information you give the Public Counsel stays confidential and cannot be shared outside the office unless another law allows it.
Regular council meetings and rule reports
The full Legislative Council must meet at least once every two years, 30 to 60 days before the next regular session. By July 1 each year, every agency must report required but overdue rules to the Oversight Committee, explain missed deadlines, and say how any implementation funds and staff were used. The committee sets the report format.
Stronger legislative research and audits
State and local agencies must give studies and information to the Legislature within budget limits, and these requests do not use public‑records procedures. The Executive Board can sign data‑sharing agreements. The state creates a Legislative Research Office and a Legislative Fiscal Office; their leaders hire and manage staff. Agencies must give the Fiscal Analyst needed budget data, and with prior Board approval the Appropriations Committee can subpoena it. The Division creates a Legislative Audit Office that plans each two‑year session to meet audit standards. Audited entities and federal grantors can see audit workpapers, and outside quality reviews are allowed, but whistleblower identities and confidential items stay protected.
Stronger legislative subpoena enforcement
The Legislative Oversight Committee can ask a court to order testimony even if a witness claims the right against self‑incrimination. Ordered testimony cannot be used in criminal cases, except for perjury, false statements, or disobeying the order. Oversight bodies can issue subpoenas with approval, vote contempt for noncompliance, and ask the Lancaster County court to enforce it. For Oversight Committee cases, the Executive Board chair files the case and the Oversight Committee chair joins it.
Stronger prison oversight and access
Corrections must give the Director of Legislative Oversight and the Inspector General direct access to records. Medical or mental health records need the inmate or parolee’s consent unless a death is under review. The department must share data in the least burdensome way, including secure electronic access; it can object on legal privilege, and the office can then seek a subpoena. The Inspector General issues written reports fast, the Director has 15 business days to respond, and private agencies get 15 business days to correct facts. Investigation work is not reviewable in court, and staff need not testify except to enforce the law. The Inspector General sets priorities, must refer suspected crimes or discipline, and the office can access needed confidential records.
Tax audits with strict privacy rules
Auditors can inspect tax returns to audit the Department of Revenue. Returns are chosen by random, statistical sampling, and confidential returns are reviewed only on department premises. For tax‑incentive audits, the audit reviews all applicants or a valid random sample. Auditors must give advance notice, follow strict privacy rules, log access, store files securely, and return all data when done. Improper disclosure is a Class IV felony, causes firing, and brings a two‑year ban on state jobs.
Tighter secrecy rules for staff
Office employees must keep confidential records inside the office and may not share them with non‑employees unless a law allows it. An employee who knowingly makes an unlawful disclosure can be fired.
Child welfare privacy and whistleblower protections
Investigation records are not public records. A short final report is released only if the Inspector General and the committee chair agree it is in the public interest, or the Executive Board chair decides. The office can keep a reporter’s identity secret to prevent retaliation. The office can access needed confidential records but must keep them within the office. Any original records given must be returned within ten business days.
Child welfare probes pause for police
Police and prosecutors may choose whether to share their reports with the Inspector General. If they ask, the Inspector General must pause an investigation until the criminal case is far enough along or finished. This protects prosecutions but can delay oversight reviews.
Child welfare reports and timelines
Investigation reports must be written and can include reform ideas. After the Director of Legislative Oversight and the oversight chair get a report, the IG must give it to the director, probation administrator, or executive director within three business days. Within 15 business days, officials and providers can accept, reject, or ask for changes in writing; a report becomes final after those actions or 15 business days with no response. The law defines “serious injury” as harm needing urgent medical care, which triggers reporting and review. It also removes the old 14‑day decision deadline to open a full investigation, which may slow some decisions but gives the IG needed flexibility.
Law takes effect immediately
The law declares an emergency. It takes effect as soon as it is passed and approved.
Prison and parole records rules
The Public Counsel and the Corrections Inspector General can examine corrections records. Medical or mental health records need the inmate’s consent, unless a death is under investigation, and those records cannot be disclosed except by law. The Board of Parole and the Department may keep files and withhold guideline scores, risk and needs scores, and mental health records when appropriate.
Public Counsel powers and protections
The Public Counsel serves a six‑year term, with limits on removal, pay set by the Executive Board, and rules that bar recent legislators, other officeholders, and partisan activity. The office names deputies for corrections, state institutions, and public welfare, and agencies must share records and allow inspections. The office focuses on unfair or unlawful agency acts, but it can decline complaints for listed reasons and must consult with agencies before public criticism. It files an annual report by February 15 and a state‑institutions report by December 15. Investigation records and reports are not public records, courts generally do not review the office’s internal actions, and staff usually cannot be forced to testify. Agency lawyers cannot represent witnesses in these interviews.
Public Counsel: more powers, less disclosure
The Public Counsel can conduct studies, investigate alleged agency violations, and must refer suspected crimes or discipline. It can share confidential information and coordinate with the Legislative Oversight Division. It is a Class II misdemeanor to obstruct or mislead the office. Investigation reports by the Public Counsel are not public records. This boosts oversight but limits public access to those reports.
Stronger child welfare oversight and access
The Child Welfare Inspector General can get the files and people needed to investigate. Employees, foster parents, and providers must cooperate and give records. If subpoenaed, you must provide records within 30 days or appear at the hearing. The office can seek case, licensing, medical, and financial records; you must search, answer truthfully, and keep sending new relevant records. Noncooperation may be made public, but witnesses get court‑level fees and can have a lawyer (not paid by the state). The Inspector General can review all abuse and neglect reports, including alternative response cases, and must alert the probation administrator right away if an inquiry involves a Juvenile Services employee.
Tighter privacy for child welfare investigations
The office keeps investigation records confidential and limits who can get full reports. Reports go only to the subject unless the Inspector General approves broader sharing, and confidential details must be removed before release. The office may share needed confidential information with certain legislative leaders or a child’s guardian ad litem and juvenile court lawyers; it may also share relevant misconduct findings with an employer. Courts cannot review the office’s work product, and staff usually cannot be forced to testify about it. Office employees can be fired for knowingly leaking confidential records. For alternative‑response child abuse cases, only listed officials may get identifying reports; others get quarterly, nonidentifying summaries.
Auditors may inspect tax returns
For Department of Revenue audits, the Auditor of Public Accounts or the Legislative Audit Office can inspect confidential tax returns after a written request. All audit work on returns must occur on Department premises, and papers must be stored securely there. Employees face a Class I misdemeanor for unauthorized disclosure. These rules expand audit access while setting strict privacy safeguards.
Sponsors & Cosponsors
Sponsor
John Arch
Senate
Cosponsors
There are no cosponsors for this bill.
Roll Call Votes
legislature vote • 5/30/2025
Final Reading
Yes: 46 • No: 2
legislature vote • 5/28/2025
Vote
Yes: 44 • No: 0 • Other: 5
legislature vote • 5/28/2025
Vote
Yes: 17 • No: 21 • Other: 11
legislature vote • 5/28/2025
Vote
Yes: 43 • No: 0 • Other: 6
legislature vote • 5/28/2025
Vote
Yes: 7 • No: 22 • Other: 20
legislature vote • 5/21/2025
Vote
Yes: 39 • No: 3 • Other: 7
legislature vote • 5/21/2025
Vote
Yes: 37 • No: 3 • Other: 9
legislature vote • 5/21/2025
Vote
Yes: 38 • No: 0 • Other: 11
legislature vote • Unknown
Vote
Yes: 37 • No: 3 • Other: 9
legislature vote • Unknown
Vote
Yes: 44 • No: 0 • Other: 5
legislature vote • Unknown
Vote
Yes: 7 • No: 22 • Other: 20
legislature vote • Unknown
Vote
Yes: 43 • No: 0 • Other: 6
legislature vote • Unknown
Vote
Yes: 17 • No: 21 • Other: 11
legislature vote • Unknown
Vote
Yes: 38 • No: 0 • Other: 11
Actions Timeline
Provisions/portions of LB228 amended into LB298 by AM1504
6/6/2025legislatureApproved by Governor on June 4, 2025
6/4/2025legislaturePresented to Governor on May 30, 2025
5/30/2025legislaturePresident/Speaker signed
5/30/2025legislaturePassed on Final Reading with Emergency Clause 46-2*-1
5/30/2025legislatureDispensing of reading at large approved
5/30/2025legislatureEnrollment and Review ST46 recorded
5/28/2025legislatureEnrollment and Review ST46 filed
5/28/2025legislaturePlaced on Final Reading with ST46
5/28/2025legislatureAdvanced to Enrollment and Review for Engrossment
5/28/2025legislatureBostar AM1553 lost
5/28/2025legislatureBostar AM1553 filed
5/28/2025legislatureConrad AM1614 lost
5/28/2025legislatureConrad AM1614 filed
5/28/2025legislatureArch AM1600 adopted
5/28/2025legislatureArch AM1616 adopted
5/28/2025legislatureEnrollment and Review ER92 adopted
5/28/2025legislatureArch AM1616 to AM1600 filed
5/27/2025legislatureEnrollment and Review ER92 filed
5/27/2025legislaturePlaced on Select File with ER92
5/27/2025legislatureArch AM1600 filed
5/27/2025legislatureAdvanced to Enrollment and Review Initial
5/21/2025legislatureArch AM238 withdrawn
5/21/2025legislatureExecutive Board AM1504 adopted
5/21/2025legislatureCavanaugh, M. FA261 withdrawn
5/21/2025legislature
Bill Text
Introduced
1/15/2025
Enrolled / Slip Law
Final / Enacted
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