All Roll Calls
Yes: 82 • No: 4
NebraskaLB298A109th Legislature 1st and 2nd SessionslegislatureWALLET
Appropriation Bill
Sponsored By: John Arch
Signed by Governor
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Bill Overview
Analyzed Economic Effects
17 provisions identified: 6 benefits, 0 costs, 11 mixed.
New Public Counsel for agency complaints
The law creates an independent Office of Public Counsel to investigate state agency actions. The office can take complaints, inspect sites, get records, and issue court‑enforceable subpoenas. Witnesses get court witness fees and can bring a lawyer. The Public Counsel appoints deputies for corrections, institutions, and public welfare. State contractors that provide health or human services must accept the Public Counsel’s oversight (long‑term care ombudsman cases are excluded). The Legislature appoints the Public Counsel by a two‑thirds vote for a six‑year term and can remove for cause by a two‑thirds vote.
Private prison and parole files guide decisions
The Department and the Parole Board keep a confidential file for each person in custody or on parole. Officials must review the file before classification, transfer, release, sanctions, or parole decisions. Files are not public unless a court orders release or they are used in a public parole hearing. You can get your medical records by asking the provider under sections 71‑8401 to 71‑8407, and mental health and assessment scores may be withheld.
Stronger legislative audit and oversight
The law creates a Legislative Audit Office and a Legislative Performance Audit Committee to run performance audits. A Legislative Oversight Committee and a six‑year Director guide work plans and key performance measures and receive quarterly briefings. Audits must follow Government Auditing Standards, with required training and outside quality reviews. Subpoenas for audits move faster: leadership approval first, a vote within 10 days, records due in 30 days, court rulings in 20 days, and appeals in 10 days. Audit working papers are not public records; employees who knowingly divulge them commit a Class III misdemeanor and can be fired. A committee may also randomly review boards and request full performance audits.
More checks on business tax breaks
The Audit Office must review major business tax incentive programs at least once every five years. Audits check goals like attracting businesses, creating jobs, investment, and rural or distressed‑area growth. They must measure cost per full‑time worker, statewide and local fiscal effects, and recommend changes. The law defines key tests: full‑time means usually 35+ hours and reported on two straight quarterly wage reports. A “high‑quality” job means about 35+ hours, pay at least 10% above the statewide industry average, and at least 110% of the Nebraska average weekly wage in counties under 100,000 people or 120% in larger counties.
Child welfare watchdog with subpoena power
The law creates an Inspector General for Nebraska Child Welfare. The Inspector General serves five years, must be nonpartisan, and earns a Certified Inspector General credential within two years. The office can investigate, audit, inspect, and issue subpoenas. The Legislative Oversight Committee can also issue subpoenas when approved, must vote within 10 days, and records are generally due in 30 days. The Inspector General can hire investigators and staff within available funding.
Fast renewal of pending subpoenas
When a new Legislature starts, leaders must vote within 10 days to renew any subpoena still pending. If a committee issued it, that committee must also vote within 10 days. A majority vote to renew keeps the subpoena effective as of its original date.
Parole details shared with police
The Board of Parole sends each parolee’s name, parole officer, and parole conditions to the state criminal‑justice system. Law enforcement statewide can see that information. This helps officers monitor people on parole.
Public can see local spending online
The state auditor must run an annual website that shows local government budgets and actual spending. The building division must prepare cost analyses for state land and building projects costing $400,000 or more, submit them electronically, and adjust the $400,000 threshold every four years. Department of Transportation right‑of‑way projects are excluded.
Stronger prison oversight and whistleblower rules
The correctional Inspector General serves five years, must earn national certification, and cannot be a recent department executive or manager. The Department of Correctional Services must report deaths or serious injuries in custody to the Inspector General as soon as reasonably possible and notify when criminal probes start and end. Staff and private providers must fully cooperate and may not retaliate or interfere. The Inspector General and the Legislature can issue subpoenas; courts must rule on motions in 20 days and appeals in 10 days. Employees are protected from personnel action for reporting suspected wrongdoing to the office.
Child welfare oversight privacy and safety
Child Welfare Inspector General reports are not public; the office redacts details and may shield source names. A public summary can be released only after required notifications and a finding that release serves the public interest. The IG is a mandatory reporter of child abuse and neglect. Reports of murder, manslaughter, or certain assaults go straight to law enforcement, not to an alternative response. Juvenile court files can be electronic or paper; sensitive medical and probation reports stay private unless a judge orders access.
Faster audits and agency follow‑up
When the Audit Office sends a report, an agency has 20 business days to respond and 40 business days to file an action plan, unless waived for tax‑incentive audits. Agencies must provide requested records within three business days or explain large requests and finish within three calendar weeks. Entities that get audit findings must report within six months what they fixed or plan to fix; the Auditor may check and notify lawmakers. The Auditor may conduct performance audits of executive agencies only after a majority vote by the oversight committee, and reports go to the Governor and lawmakers electronically. By July 1 each year, agencies must report overdue rules, why they are late, and how any extra funding and staff were used.
Law takes effect immediately
Because this is an emergency act, the law takes effect upon enactment. All changes apply right away.
Local audit rules and late fees
If a fire district spends $150,000 or less, it is audited no more than once every five years unless the board orders it or irregularities are reported. The Auditor can grant waivers on request. Unpaid audit and service fees to the Auditor accrue 14% yearly interest starting 30 days after billing. If an interlocal entity cannot pay, its participating agencies are jointly liable for fees and interest.
New rules for subpoenas and testimony
The Executive Board must approve subpoenas before legislative committees issue them. Courts can order witnesses to testify in oversight hearings; that testimony cannot be used against them except for perjury or disobeying the order. Non‑state witnesses who appear under a subpoena get civil‑case witness fees and mileage after a sworn voucher. It is a Class II misdemeanor to willfully obstruct or mislead the Public Counsel. The Public Counsel’s investigation reports are not public records, and many office opinions are not reviewable in court. A person cannot serve as Public Counsel until two years after their last day as a legislator.
Old oversight laws repealed
The law repeals many earlier oversight and related statutes as part of this restructuring. Those sections no longer apply. The effect depends on what each repealed section covered.
Stronger prison watchdog powers and privacy
The prison watchdog can demand records, do unannounced visits, and seek subpoenas when needed. Agencies must search, turn over all records, and answer truthfully, and the office preserves evidence for possible criminal cases. The watchdog gets direct computer access to corrections and parole records; medical or mental health records need consent unless a death is being investigated. Investigation records and reports stay confidential and are not public or court‑reviewable; limited sharing with legislative chairs may happen before any public summary. The IG issues written reports on a set timeline, must report suspected crimes, and sends an annual summary by September 15.
Tax returns private, controlled audit access
Tax returns and return information stay confidential. Breaking that rule is a felony with fines, up to five years in prison, firing, and a two‑year bar from public office. The Auditor and Legislative Audit Office can review tax returns to audit the Revenue Department, but only with a written request, statistical sampling, and on‑site, secure handling. Audit working papers are not public records; the Auditor can share them with audited entities and, when needed, with law enforcement or oversight bodies without revealing sealed records.
Sponsors & Cosponsors
Sponsor
John Arch
legislature
Cosponsors
There are no cosponsors for this bill.
Roll Call Votes
legislature vote • 5/30/2025
Final Reading
Yes: 46 • No: 2
legislature vote • 5/21/2025
Vote
Yes: 36 • No: 2 • Other: 11
Actions Timeline
Approved by Governor on June 4, 2025
6/6/2025legislaturePassed on Final Reading with Emergency Clause 46-2*-1
5/30/2025legislaturePresident/Speaker signed
5/30/2025legislaturePresented to Governor on May 30, 2025
5/30/2025legislatureAdvanced to Enrollment and Review for Engrossment
5/28/2025legislaturePlaced on Final Reading
5/28/2025legislaturePlaced on Select File
5/27/2025legislatureAdvanced to Enrollment and Review Initial
5/21/2025legislatureDate of introduction
5/19/2025legislaturePlaced on General File
5/19/2025legislature
Bill Text
Introduced
6/6/2025
Enrolled / Slip Law
Final / Enacted