Chapter 49, LAW
285 sections in this chapter.
Neb. Rev. Stat. § 49-101 Common law; applicability.
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So much of the common law of England as is applicable and not inconsistent with the Constitution of the United States, with the organic law of this state, or with any law passed or to be passed by the Legislature of this state, is adopted and declared to be law within the State o…
Neb. Rev. Stat. § 49-1201 Presumption of mailing.
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Any report, claim, tax return, tax valuation, equalization, or exemption protest, or tax form, petition, appeal, or statement, or any payment required or authorized to be filed or made to the State of Nebraska, or to any political subdivision thereof, which is: (1) Transmitted th…
Neb. Rev. Stat. § 49-1202 Registered, certified mail; record authenticated; evidence of mailing.
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If any report, claim, tax return, tax valuation, equalization, or exemption protest, or tax form, petition, appeal, or statement, or any payment, referred to in section 49-1201, is sent by United States mail and either registered or certified, a record authenticated by the United…
Neb. Rev. Stat. § 49-1203 Saturday, Sunday, nonjudicial day, legal holiday; next business day; performance; effect.
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If the date for filing any report, claim, tax return, tax valuation, equalization, or exemption protest, or tax form, petition, appeal, or statement, or for making any payment, referred to in section 49-1201, falls upon a Saturday, Sunday, nonjudicial day, or legal holiday, such …
Neb. Rev. Stat. § 49-1301 Standard time for Nebraska.
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The standard time of the State of Nebraska shall be the time established by the Uniform Time Act of 1966 in both the Central and Rocky Mountain time zones.
Neb. Rev. Stat. § 49-1302 Daylight time; when.
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Daylight time for the State of Nebraska shall be in effect from the first Sunday in April until the last Sunday in October of each year at such clock time as is prescribed in the Uniform Time Act of 1966.
Neb. Rev. Stat. § 49-14,100 Advisory opinions; application; effect.
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Any person who is in doubt as to the propriety of action proposed to be taken by him may apply to the commission for an advisory opinion relating thereto, and the commission shall have authority to render such opinions. When an advisory opinion is issued pursuant to a complete an…
Neb. Rev. Stat. § 49-14,101 Public official, employee, candidate, and other individuals; prohibited acts; penalty.
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(1) No person shall offer or give to the following persons anything of value, including a gift, loan, contribution, reward, or promise of future employment, based on an agreement that the vote, official action, or judgment of any public official, public employee, or candidate wou…
Neb. Rev. Stat. § 49-14,101.01 Financial gain; gift of travel or lodging; prohibited acts; violation; penalty; permissible activities and uses.
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(1) A public official or public employee shall not use or authorize the use of his or her public office or any confidential information received through the holding of a public office to obtain financial gain, other than compensation provided by law, for himself or herself, a mem…
Neb. Rev. Stat. § 49-14,101.02 Public official or public employee; use of public resources or funds; prohibited acts; exceptions.
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(1) For purposes of this section, public resources means personnel, property, resources, or funds under the official care and control of a public official or public employee. (2) Except as otherwise provided in this section, a public official or public employee shall not use or a…
Neb. Rev. Stat. § 49-14,101.03 Public official or public employee; incidental or de minimis use of public resources; permissible activities and uses.
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(1) Any use of public resources by a public official or public employee which is incidental or de minimis shall not constitute a violation of section 49-14,101.01 or 49-14,101.02. (2) For purposes of sections 49-14,101.01 and 49-14,101.02, a resource of government, including a ve…
Neb. Rev. Stat. § 49-14,102 Contracts with government bodies; procedure; powers of certain cities; purpose.
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(1) Except as otherwise provided by law, no public official or public employee, a member of that individual's immediate family, or business with which the individual is associated shall enter into a contract valued at two thousand dollars or more, in any one year, with a governme…
Neb. Rev. Stat. § 49-14,103 Contract; conflict of interest; voidable; decree.
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(1) A contract involving a prohibited conflict of interest under section 49-14,102 shall be voidable only by decree of a court of proper jurisdiction in an action brought by any citizen of this state as to any person that entered into the contract or took assignment thereof, with…
Neb. Rev. Stat. § 49-14,103.01 Officer, defined; interest in contract prohibited; when.
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(1) For purposes of sections 49-14,103.01 to 49-14,103.06, unless the context otherwise requires, officer means (a) a member of the board of directors of a natural resources district, (b) a member of the board of directors of a district organized under Chapter 70, (c) a member of…
Neb. Rev. Stat. § 49-14,103.02 Contract with officer; information required; ledger maintained.
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(1) The person charged with keeping records for each governing body shall maintain separately from other records a ledger containing the information listed in subdivisions (1)(a) through (e) of this section about every contract entered into by the governing body in which an offic…
Neb. Rev. Stat. § 49-14,103.03 Open account with officer; how treated.
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(1) An open account established for the benefit of any governing body with a business in which an officer has an interest shall be deemed a contract subject to sections 49-14,103.01 to 49-14,103.06. (2) The statement required to be filed by section 49-14,103.02 shall be filed wit…
Neb. Rev. Stat. § 49-14,103.04 Violations; penalties.
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(1) Any officer who knowingly violates sections 49-14,103.01 to 49-14,103.03 shall be guilty of a Class III misdemeanor. (2) Any officer who negligently violates sections 49-14,103.01 to 49-14,103.03 shall be guilty of a Class V misdemeanor.
Neb. Rev. Stat. § 49-14,103.05 Governing body; prohibit certain contracts.
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Notwithstanding sections 49-14,103.01 to 49-14,103.03, any governing body may prohibit contracts over a specific dollar amount in which an officer of such body may have an interest.
Neb. Rev. Stat. § 49-14,103.06 Governing body; exempt certain contracts.
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Any governing body may exempt from sections 49-14,103.01 to 49-14,103.03 contracts involving one hundred dollars or less in which an officer of such body may have an interest.
Neb. Rev. Stat. § 49-14,103.07 Filing of potential conflict of interest statement not required; when.
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Individuals required to make disclosures pursuant to section 49-1499.04 or sections 49-14,103.01 to 49-14,103.06 shall not be required to file potential conflict of interest statements pursuant to section 49-1499.03.
Neb. Rev. Stat. § 49-14,104 Official or full-time employee of executive branch; not to represent a person or act as an expert witness; when; violation; penalty.
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(1) An official or full-time employee of the executive branch of state government shall not represent a person or act as an expert witness for compensation before a government body when the action or nonaction of the government body is of a nonministerial nature, except in a matt…
Neb. Rev. Stat. § 49-14,105 Nebraska Accountability and Disclosure Commission; established; members; appointment; procedure.
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There is hereby established the Nebraska Accountability and Disclosure Commission. The commission shall be composed of nine members, including the Secretary of State. The eight appointed members shall be appointed, subject to the provisions of section 49-14,110, as follows: (1) F…
Neb. Rev. Stat. § 49-14,106 Commission members; appointment.
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The Governor and Secretary of State shall make their appointments in such a manner as to assure that not more than four of the eight appointed members of the commission shall be from the same political party and at least one member shall be registered as an independent and such p…
Neb. Rev. Stat. § 49-14,107 Memberships on commission; increased; when; manner.
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If a political party other than a legally recognized party shall receive at least five percent of the entire vote of the state at a general election, the membership of the commission shall be increased by one. The additional member shall be appointed by the Governor from a list o…
Neb. Rev. Stat. § 49-14,108 Commission; members; file a statement of financial interests; when.
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Each person appointed to the commission by the Governor or the Secretary of State shall file with the commission a statement of financial interests, pursuant to sections 49-1493 to 49-14,104, prior to assuming his or her duties or prior to the legislative confirmation hearing, wh…
Neb. Rev. Stat. § 49-14,109 Legislative committee; conduct open hearings of persons appointed to the commission.
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The appropriate legislative committee, to be determined under the rules of the Legislature, shall conduct open hearings with respect to the qualifications of each person appointed to the commission and submitted for approval by the Governor or the Secretary of State, and under no…
Neb. Rev. Stat. § 49-14,110 Commission; appointments; legislative approval.
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All appointments whether initial or subsequent shall be subject to the approval of a majority of the members of the Legislature, if the Legislature is in session. If the Legislature is not in session, any appointment shall be temporary until the next session of the Legislature, a…
Neb. Rev. Stat. § 49-14,111 Commission; members; terms.
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(1) The appointed members of the commission shall serve for terms of six years, except that, of the members first appointed: (a) The Governor shall designate (i) one individual from a list submitted by the Legislature to serve a term of one year; (ii) the individual appointed at …
Neb. Rev. Stat. § 49-14,112 Commission; members; vacancy; how filled.
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(1) When a vacancy occurs by expiration of a term of office or otherwise, which vacancy is subject to an appointment from a list pursuant to the provisions of section 49-14,105, such list shall be submitted to the Governor or the Secretary of State not later than thirty days afte…
Neb. Rev. Stat. § 49-14,113 Individual appointed to fill a vacancy; term.
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An individual appointed to fill a vacancy, occurring other than by the expiration of a term of office, shall be appointed for the unexpired term of the member such individual succeeds and shall be eligible for appointment to one full six-year term thereafter.
Neb. Rev. Stat. § 49-14,114 Commission; appointed members; prohibited acts; resignation required; when.
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(1) No appointed individual, while a member of the commission, shall engage in any activity or hold any position or office which is regulated by the commission as follows: (a) Lobbying; (b) being a public official, a public employee, or a state elective official; (c) campaigning …
Neb. Rev. Stat. § 49-14,115 Member or employee of commission; confidential information; disclosure, when; violation; penalty.
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No member or employee of the commission shall disclose or discuss any statements, reports, records, testimony, or other information or material deemed confidential by the Nebraska Political Accountability and Disclosure Act unless ordered by a court or except as necessary in the …
Neb. Rev. Stat. § 49-14,116 Commission; members; removal; procedure.
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Members may be removed by the Governor for inefficiency, neglect of duty, misconduct in office, mental or physical disability, or for taking part in activities prohibited by section 49-14,114 or 49-14,115, but only after delivering to the member a copy of the charges and affordin…
Neb. Rev. Stat. § 49-14,117 Commission; officers; duties.
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The commission shall organize by selecting a chairperson, a vice-chairperson, and a secretary from among its members, who shall hold office at the pleasure of the commission. The vice-chairperson shall act as chairperson in the absence of the chairperson or in the event of a vaca…
Neb. Rev. Stat. § 49-14,118 Commission; quorum.
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Five members of the commission shall constitute a quorum and the concurrence of five members of the commission shall be required for any action or recommendation of the commission or any sanction which may be imposed pursuant to section 49-14,126.
Neb. Rev. Stat. § 49-14,119 Commission; meetings; records; notice.
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The commission shall meet at such times and places as shall be determined by the commission and shall keep a record of its proceedings. Special meetings may be called by the chairperson. Such special meetings shall be called by such chairperson upon receipt of a written request s…
Neb. Rev. Stat. § 49-14,120 Commission; members; expenses.
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All members of the commission shall be reimbursed for expenses as provided in sections 81-1174 to 81-1177.
Neb. Rev. Stat. § 49-14,121 Commission; personnel; executive director; duties; assistance from other agencies; exempt from personnel system.
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The commission shall employ an executive director and may employ a general counsel and such other staff as are necessary to carry out its duties pursuant to the Nebraska Political Accountability and Disclosure Act. The executive director shall serve at the pleasure of the commiss…
Neb. Rev. Stat. § 49-14,122 Commission; field investigations and audits; purpose.
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The commission shall make random field investigations and audits with respect to campaign statements and activity reports filed with the commission under the Nebraska Political Accountability and Disclosure Act. Any audit or investigation conducted of a candidate's campaign state…
Neb. Rev. Stat. § 49-14,123 Commission; duties.
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In addition to any other duties prescribed by law, the commission shall: (1) Adopt and promulgate rules and regulations to carry out the Nebraska Political Accountability and Disclosure Act pursuant to the Administrative Procedure Act; (2) Prescribe forms for statements and repor…
Neb. Rev. Stat. § 49-14,123.01 Commission; duty to provide information.
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The commission shall provide copies of statements, reports, parts of reports, advisory opinions, and public information prepared by the commission to any person on request at a reasonable cost to be determined by the commission.
Neb. Rev. Stat. § 49-14,124 Alleged violation; preliminary investigation by commission; powers; notice.
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(1) The commission shall, by way of preliminary investigation, investigate any alleged violation of the Nebraska Political Accountability and Disclosure Act, or any rule or regulation adopted and promulgated thereunder, upon: (a) The receipt of a complaint signed under oath which…
Neb. Rev. Stat. § 49-14,124.01 Preliminary investigation; confidential; exception.
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All commission proceedings and records relating to preliminary investigations shall be confidential until a final determination is made by the commission unless the person alleged to be in violation of the Nebraska Political Accountability and Disclosure Act requests that the pro…
Neb. Rev. Stat. § 49-14,124.02 Commission; possible criminal violation; referral to Attorney General; duties of Attorney General.
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At any time after the commencement of a preliminary investigation, the commission may refer the matter of a possible criminal violation of the Nebraska Political Accountability and Disclosure Act to the Attorney General for consideration of criminal prosecution. The fact of the r…
Neb. Rev. Stat. § 49-14,124.03 Act or court order; alleged violation; investigation; manner; donor or tax exempt organization; restriction on disclosure of information.
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Any investigation of an alleged violation of the Nebraska Political Accountability and Disclosure Act or a court order in an action brought under the Nebraska Political Accountability and Disclosure Act shall occur in a manner that shields the identity of lawful donors as much as…
Neb. Rev. Stat. § 49-14,125 Preliminary investigation; terminated, when; violation; effect; powers of commission; subsequent proceedings; records.
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(1) If, after a preliminary investigation, it is determined by a majority vote of the commission that there is no probable cause for belief that a person has violated the Nebraska Political Accountability and Disclosure Act or any rule or regulation adopted and promulgated thereu…
Neb. Rev. Stat. § 49-14,126 Commission; violation; orders; civil penalty; costs of hearing; providing information regarding certain violations; reward; contingency.
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(1) The commission, upon finding that there has been a violation of the Nebraska Political Accountability and Disclosure Act or any rule or regulation promulgated thereunder, may issue an order requiring the violator to do one or more of the following: (a) Cease and desist from t…
Neb. Rev. Stat. § 49-14,127 Mandamus to compel civil action; when.
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Any individual who believes that a violation of the Nebraska Political Accountability and Disclosure Act has occurred may, after exhausting the administrative remedies provided by the act, bring a civil action to compel the commission to fulfill its responsibilities under the act…
Neb. Rev. Stat. § 49-14,128 Reasonable attorney's fees; court order.
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The court may order payment of reasonable attorney fees and court costs to a successful plaintiff in a suit brought pursuant to section 49-14,127. If the court finds that an action was brought without reasonable cause, the court may order the plaintiff to pay reasonable attorney …
Neb. Rev. Stat. § 49-14,129 Commission; suspend or modify reporting requirements; conditions.
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The commission, by order, may suspend or modify any of the reporting requirements of the Nebraska Political Accountability and Disclosure Act, in a particular case, for good cause shown, or if it finds that literal application of the act works a manifestly unreasonable hardship a…