Chapter 49, LAW
285 sections in this chapter.
Neb. Rev. Stat. § 49-14,131 Appeal; procedure.
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Any final decision by the commission in a contested case or a declaratory ruling made pursuant to the Nebraska Political Accountability and Disclosure Act may be appealed. The appeal shall be in accordance with the Administrative Procedure Act.
Neb. Rev. Stat. § 49-14,132 Filings; limitation of use.
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Information copied from campaign statements, registration forms, activity reports, statements of financial interest, and other filings required by the Nebraska Political Accountability and Disclosure Act shall not be sold or used by any person for the purpose of soliciting contri…
Neb. Rev. Stat. § 49-14,133 Criminal prosecution; Attorney General; concurrent jurisdiction with county attorney.
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The Attorney General has jurisdiction to enforce the criminal provisions of the Nebraska Political Accountability and Disclosure Act. The county attorney of the county in which a violation of the act occurs shall have concurrent jurisdiction.
Neb. Rev. Stat. § 49-14,134 False statement or report; unlawful; penalty.
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In addition to penalties otherwise provided in the Nebraska Political Accountability and Disclosure Act, any person who files a statement or report required under the act knowing that information contained in the statement or report is false or that the verification statement req…
Neb. Rev. Stat. § 49-14,135 Violation of confidentiality; perjury; penalty.
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(1) Except as otherwise provided in the Nebraska Political Accountability and Disclosure Act, any person who violates the confidentiality of a commission proceeding pursuant to the act shall be guilty of a Class III misdemeanor. (2) A person who willfully affirms or swears falsel…
Neb. Rev. Stat. § 49-14,136 Statute of limitations.
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Prosecution for violation of the Nebraska Political Accountability and Disclosure Act shall be commenced within three years after the date on which the violation occurred.
Neb. Rev. Stat. § 49-14,137 Discipline of public officials or employees; effect of act.
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The penalties prescribed in the Nebraska Political Accountability and Disclosure Act do not limit the power of the Legislature to discipline its own members or impeach a public official and do not limit the power of agencies or commissions to discipline officials or employees.
Neb. Rev. Stat. § 49-14,138 Local laws of political subdivisions; effect of act.
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No political subdivision or municipality within the State of Nebraska in which candidates for their elective offices or elected officials are subject to the requirements of the Nebraska Political Accountability and Disclosure Act shall require compliance with local provisions gov…
Neb. Rev. Stat. § 49-14,139 Forms; distribution.
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The county clerk or election commissioner in each county shall distribute forms prepared by the commission to any person required to file any statement or report pursuant to the Nebraska Political Accountability and Disclosure Act other than forms or statements under sections 49-…
Neb. Rev. Stat. § 49-14,140 Nebraska Accountability and Disclosure Commission Cash Fund; created; use; investment.
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The Nebraska Accountability and Disclosure Commission Cash Fund is hereby created. The fund shall consist of funds received by the commission pursuant to sections 49-1449.01, 49-1470, 49-1480.01, 49-1482, 49-14,123, and 49-14,123.01 and subdivision (1)(d) of section 49-14,126. Th…
Neb. Rev. Stat. § 49-14,141 Electronic filing system; campaign statements and reports; availability; procedures for filings.
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(1) The commission shall develop, implement, and maintain an electronic filing system for campaign statements and other reports required to be filed with the commission under the Nebraska Political Accountability and Disclosure Act and shall provide for such statements and report…
Neb. Rev. Stat. § 49-14,142 Payment of civil penalty.
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No person shall be appointed to any elective or appointive office specified in section 49-1493 until he or she has first paid any outstanding civil penalties and interest imposed pursuant to the Nebraska Political Accountability and Disclosure Act.
Neb. Rev. Stat. § 49-1401 Act, how cited.
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Sections 49-1401 to 49-14,142 shall be known and may be cited as the Nebraska Political Accountability and Disclosure Act.
Neb. Rev. Stat. § 49-1402 Legislative findings.
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The Legislature finds: (1) That the public interest in the manner in which election campaigns are conducted has increased greatly in recent years, creating a need for additional disclosure and accountability; (2) That there is a compelling state interest in ensuring that the stat…
Neb. Rev. Stat. § 49-1403 Definitions, where found.
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For purposes of the Nebraska Political Accountability and Disclosure Act, unless the context otherwise requires, the definitions found in sections 49-1404 to 49-1444 shall be used.
Neb. Rev. Stat. § 49-1404 Administrative action, defined.
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Administrative action shall mean any decision on, or proposal, consideration, enactment, or defeat of any rule, regulation, or other official policy action or nonaction by any executive agency, or any policy matter which is within the official jurisdiction of an executive agency.
Neb. Rev. Stat. § 49-1405 Ballot question, defined.
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(1) Ballot question shall mean any question which is submitted or which is intended to be submitted to a popular vote at an election, including, but not limited to, a question submitted or intended to be submitted by way of initiative, referendum, recall, or judicial retention, w…
Neb. Rev. Stat. § 49-1406 Ballot question committee, defined.
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Ballot question committee shall mean any committee acting in support of, or in opposition to, the qualification, passage, or defeat of a ballot question but which does not receive contributions or make expenditures or contributions for the purpose of influencing or attempting to …
Neb. Rev. Stat. § 49-1407 Business, defined.
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Business shall mean any corporation, partnership, limited liability company, sole proprietorship, firm, enterprise, franchise, association, organization, self-employed individual, holding company, joint-stock company, receivership, trust, activity, or entity.
Neb. Rev. Stat. § 49-1408 Business with which the individual is associated or business association, defined.
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Business with which the individual is associated or business association shall mean a business: (1) In which the individual is a partner, limited liability company member, director, or officer; or (2) in which the individual or a member of the individual's immediate family is a s…
Neb. Rev. Stat. § 49-1409 Candidate, defined.
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(1) Candidate shall mean an individual: (a) Who files, or on behalf of whom is filed, a fee, affidavit, nomination papers, or nominating petition for an elective office; (b) whose nomination as a candidate for elective office by a political party caucus, committee, or convention …
Neb. Rev. Stat. § 49-1410 Candidate committee, defined.
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Candidate committee shall mean the committee designated in a candidate's filed statement of organization as that individual's candidate committee. A candidate committee shall be presumed to be under the control and direction of the candidate named in the same statement of organiz…
Neb. Rev. Stat. § 49-1411 Closing date, defined.
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Closing date shall mean the date through which a campaign statement is required to be complete.
Neb. Rev. Stat. § 49-1412 Commission, defined.
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Commission shall mean the Nebraska Accountability and Disclosure Commission created by section 49-14,105.
Neb. Rev. Stat. § 49-1413 Committee, defined.
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(1) Committee shall mean (a) any combination of two or more individuals which receives contributions or makes expenditures of more than five thousand dollars in a calendar year for the purpose of influencing or attempting to influence the action of the voters for or against the n…
Neb. Rev. Stat. § 49-1414 Compensation, defined.
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Compensation shall mean anything of monetary value received or to be received from a person, whether in the form of a fee, salary, forbearance, forgiveness, or any other form of recompense.
Neb. Rev. Stat. § 49-1415 Contribution, defined.
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(1) Contribution shall mean a payment, gift, subscription, assessment, expenditure, contract, payment for services, dues, advance, forbearance, loan, donation, pledge or promise of money or anything of ascertainable monetary value to a person, made for the purpose of influencing …
Neb. Rev. Stat. § 49-1416 Election, defined.
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Election shall mean a primary, general, special, or other election held in this state or a convention or caucus of a political party held in this state to nominate a candidate. Election shall include a vote on a ballot question.
Neb. Rev. Stat. § 49-1417 Elective office, defined.
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Elective office shall mean a public office filled by an election, except for federal offices. A person who is appointed to fill a vacancy in a public office which is ordinarily elective holds an elective office.
Neb. Rev. Stat. § 49-1418 Executive agency, defined.
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Executive agency shall mean a board, commission, agency, or other body in the executive branch of the state government.
Neb. Rev. Stat. § 49-1419 Expenditure, defined.
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(1) Expenditure shall mean a payment, donation, loan, pledge, or promise of payment of money or anything of ascertainable monetary value for goods, materials, services, or facilities in assistance of, or in opposition to, the nomination or election of a candidate or the qualifica…
Neb. Rev. Stat. § 49-1420 Filed, filer, and filing official; defined.
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(1) Filed shall mean the receipt by the appropriate filing official of a statement or report required to be filed under the Nebraska Political Accountability and Disclosure Act. (2) Filer shall mean each person required to file a statement or report pursuant to the act. (3) Filin…
Neb. Rev. Stat. § 49-1421 Financial transaction, defined.
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Financial transaction shall mean a loan, purchase, sale, or other type of transfer or exchange of money, goods, other property, or services for value.
Neb. Rev. Stat. § 49-1421.01 Foreign national, defined.
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Foreign national means: (1) An individual who is not a citizen of the United States or a national of the United States and who is not lawfully admitted for permanent residence; (2) A person, other than an individual, organized under the laws of or having its principal place of bu…
Neb. Rev. Stat. § 49-1422 Fundraising event, defined.
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Fundraising event shall mean an event such as a dinner, reception, testimonial, rally, auction, bingo, or similar affair through which contributions are solicited or received by such means as purchase of a ticket, payment of an attendance fee, donations or chances for prizes, or …
Neb. Rev. Stat. § 49-1423 Gift, defined.
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Gift shall mean a payment, subscription, advance, forbearance, rendering, or deposit of money, services, or anything of value, unless consideration of equal or greater value is given therefor. Gift shall not include a campaign contribution otherwise reported as required by law, a…
Neb. Rev. Stat. § 49-1424 Government body, defined.
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Government body shall mean an authority, department, commission, committee, council, board, bureau, division, office, legislative body, or other agency in the executive, legislative, or judicial branch of state government or of one or more political subdivisions thereof or a scho…
Neb. Rev. Stat. § 49-1425 Immediate family, defined.
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Immediate family shall mean a child residing in an individual's household, a spouse of an individual, or an individual claimed by that individual or that individual's spouse as a dependent for federal income tax purposes.
Neb. Rev. Stat. § 49-1426 Income, defined.
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Income shall mean any money or thing of value received, or to be received as a claim on future services, whether in the form of a fee, salary, expense, allowance, forbearance, forgiveness, interest, dividend, royalty, rent, capital gain, or any other form of recompense then const…
Neb. Rev. Stat. § 49-1427 Independent committee, defined.
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Independent committee shall mean a committee other than a candidate, ballot question, or political party committee.
Neb. Rev. Stat. § 49-1428 Independent expenditure, defined.
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Independent expenditure shall mean an expenditure as defined in section 49-1419 by a person if the expenditure is not made at the direction of, under the control of, or with the cooperation of another person and if the expenditure is not a contribution to a committee.
Neb. Rev. Stat. § 49-1429 Influencing, defined.
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Influencing shall mean promoting, supporting, affecting, modifying, opposing, or delaying by any means, including the providing of or use of information, statistics, studies, or analyses.
Neb. Rev. Stat. § 49-1430 In-kind contribution or expenditure, defined.
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In-kind contribution or expenditure shall mean a contribution as defined in section 49-1415 or expenditure as defined in subsections (1), (2), and (3) of section 49-1419, other than money.
Neb. Rev. Stat. § 49-1431 Legislative action, defined.
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Legislative action shall mean introduction, sponsorship, support, opposition, consideration, debate, voting, passage, defeat, approval, veto, delay, or an official action by an official in the executive branch or an official in the legislative branch on a bill, resolution, amendm…
Neb. Rev. Stat. § 49-1432 Loan, defined.
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Loan shall mean a transfer of money, property, or anything of ascertainable monetary value in exchange for an obligation, conditional or not, to repay in whole or part.
Neb. Rev. Stat. § 49-1433 Lobbying, defined.
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Lobbying shall mean the practice of promoting or opposing for another person, as defined in section 49-1438, the introduction or enactment of legislation or resolutions before the Legislature or the committees or the members thereof, and shall also include the practice of promoti…
Neb. Rev. Stat. § 49-1433.01 Major out-of-state contributor, defined.
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Major out-of-state contributor means a corporation, union, industry association, trade association, or professional association which is not organized under the laws of the State of Nebraska and which makes contributions or expenditures totaling more than ten thousand dollars in …
Neb. Rev. Stat. § 49-1434 Principal, lobbyist, defined.
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(1) Principal means a person who authorizes a lobbyist to lobby in behalf of that principal. (2) Lobbyist means a person who is authorized to lobby on behalf of a principal and includes an officer, agent, attorney, or employee of the principal whose regular duties include lobbyin…
Neb. Rev. Stat. § 49-1435 Nonministerial, defined.
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Nonministerial shall mean an action other than an action which a person performs in a prescribed manner under prescribed circumstances in obedience to the mandate of legal authority, without the exercise of personal judgment regarding whether to take the action.
Neb. Rev. Stat. § 49-1436 Official in the executive branch, defined.
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Official in the executive branch shall mean an official holding a state executive office as provided in Article IV, Constitution of Nebraska, including Governor, Lieutenant Governor, Secretary of State, Auditor of Public Accounts, State Treasurer, Attorney General, Tax Commission…