Chapter 50, LEGISLATURE
184 sections in this chapter.
Neb. Rev. Stat. § 50-1402 Legislature's Planning Committee; established; members; staff.
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The Legislature's Planning Committee is hereby established as a special legislative committee to exercise the authority and perform the duties provided for in this section. The committee shall be comprised of the Speaker of the Legislature, the chairperson of the Executive Board …
Neb. Rev. Stat. § 50-1403 Legislature's Planning Committee; duties.
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The Legislature's Planning Committee shall: (1) Collect and analyze data about Nebraska, including, but not limited to, demographics, workforce, education, wages, wealth, tax structure, revenue, natural resources, assets, challenges, trends, and growth and efficiency of governmen…
Neb. Rev. Stat. § 50-1404 Legislature's Planning Committee; powers.
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In order to fulfill its duties, the Legislature's Planning Committee may: (1) Hold public hearings; (2) Obtain data and information from state agencies, the University of Nebraska, and private entities that contract with the state; (3) Contract for assistance, including consultan…
Neb. Rev. Stat. § 50-1501 Act, how cited.
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Sections 50-1501 to 50-1520 shall be known and may be cited as the Legislative Qualifications and Election Contests Act.
Neb. Rev. Stat. § 50-1502 Terms, defined.
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For purposes of the Legislative Qualifications and Election Contests Act: (1) Committee means the committee of the Legislature designated by the Legislature to conduct proceedings regarding a petition filed under the act; (2) Petitioner means a candidate whose name appeared on th…
Neb. Rev. Stat. § 50-1503 Applicability of act.
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The Legislative Qualifications and Election Contests Act applies to any contest of the election of a member of the Legislature and any challenge of the qualifications of a member of the Legislature.
Neb. Rev. Stat. § 50-1504 Election contest; qualifications challenge.
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(1) An election contest pursuant to the Legislative Qualifications and Election Contests Act shall only determine which candidate was properly elected to the Legislature and is entitled to be seated. The election contest shall place in issue only the validity of the results of th…
Neb. Rev. Stat. § 50-1505 Unsuccessful candidate; rights.
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Only an unsuccessful candidate whose name appeared on the ballot in the general election to represent a legislative district as a member of the Legislature may contest the election or challenge the qualifications of the person elected as a member of the Legislature to represent t…
Neb. Rev. Stat. § 50-1506 Election contest; qualifications challenge; when considered; provisions applicable.
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(1) The contest of an election or challenge of the qualifications of a person elected as a member of the Legislature by an unsuccessful candidate shall be considered at the next regular session of the Legislature following the general election. (2) The election contest or qualifi…
Neb. Rev. Stat. § 50-1507 Election contest; qualifications challenge; respondent's rights; decision against member; effect.
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When an election contest or qualifications challenge is pending pursuant to the Legislative Qualifications and Election Contests Act, the respondent member may qualify and take office at the time specified by law and exercise the duties of the office until the election contest or…
Neb. Rev. Stat. § 50-1508 Burden of proof.
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The petitioner shall have the burden of proving that the respondent member was not properly elected or qualified to hold office at the time of the election by clear and convincing evidence.
Neb. Rev. Stat. § 50-1509 Computation of time.
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If the date for filing or completion of an act under the Legislative Qualifications and Election Contests Act falls on a Saturday, Sunday, or legal holiday, the next business day shall be the deadline for filing or completing the act.
Neb. Rev. Stat. § 50-1510 Filings; service upon parties.
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All filings with the Clerk of the Legislature pursuant to the Legislative Qualifications and Election Contests Act, including pleadings, responses, and motions, shall be served upon each of the parties and shall contain a complete certificate of service.
Neb. Rev. Stat. § 50-1511 Petition; personal service; contents.
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(1) A petition to contest the election or challenge the qualifications of a person elected as a member of the Legislature shall be filed with the Clerk of the Legislature within forty calendar days after the general election at which the respondent member was elected, and a copy …
Neb. Rev. Stat. § 50-1512 Petition; amendment; personal service.
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(1) A petition to contest the election or challenge the qualifications of a member shall only be amended once within the time period for filing the initial petition under section 50-1511. An amended petition shall be filed with the Clerk of the Legislature and personally served o…
Neb. Rev. Stat. § 50-1513 Bond.
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The petitioner shall file with the Clerk of the Legislature, within five calendar days after filing the petition pursuant to section 50-1511, a bond with security approved by the Clerk of the Legislature conditioned to pay all costs incurred by the Legislature if the election is …
Neb. Rev. Stat. § 50-1514 Respondent member; file response.
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The respondent member may file a response to the petition filed pursuant to section 50-1511 with the Clerk of the Legislature within ten calendar days after receipt of service of the petition. If the respondent member files a response, he or she shall also serve a copy of the res…
Neb. Rev. Stat. § 50-1515 Attorney's fees and costs.
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The prevailing party may request from the opposing party or the state the recovery of attorney’s fees and costs incurred in bringing or defending a petition to contest an election or challenge qualifications under the Legislative Qualifications and Election Contests Act. The requ…
Neb. Rev. Stat. § 50-1516 Election contest; grounds.
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(1) The election of a person to represent a legislative district as a member of the Legislature may be contested for any or all of the following grounds: (a) For misconduct, fraud, or corruption on the part of an election commissioner, a county clerk, an inspector, a judge or cle…
Neb. Rev. Stat. § 50-1517 Examination of ballots; procedure; certification.
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The Legislature or the committee before which a contested election is pending may issue a writ to the election commissioner or county clerk of the county in which the contested election was held commanding him or her to open, count, compare with the list of voters, and examine in…
Neb. Rev. Stat. § 50-1518 Writ; service; notice.
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Any writ issued pursuant to section 50-1517 shall be served without delay on the election commissioner or county clerk by the sheriff of his or her county. The election commissioner or county clerk shall at once fix a day, not more than thirty calendar days after the date of the …
Neb. Rev. Stat. § 50-1519 Rules and procedures; examination of ballots; certificate; prima facie evidence.
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(1) The Legislature may establish rules and procedures for the recount of ballots. Such rules and procedures may provide for delivery by the election commissioner or county clerk, to the Legislature or the committee, of the ballots or notarized copies of the ballots which were ca…
Neb. Rev. Stat. § 50-1520 Jurisdiction to hear challenge.
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Pursuant to Article III, section 10, of the Constitution of Nebraska, the Legislature is vested with the jurisdiction to hear any challenge to the qualifications of a member of the Legislature and is the judge of the elections, returns, and qualifications of its members.
Neb. Rev. Stat. § 50-1601 Infrastructure Review Task Force; created; transportation infrastructure; duties; members; reports.
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(1) The Infrastructure Review Task Force is created. (2) The task force shall: (a) Review and analyze Nebraska's transportation infrastructure network; (b) Examine and consider Nebraska's historic transportation infrastructure development efforts and expected future transportatio…
Neb. Rev. Stat. § 50-1701 Legislative Oversight Committee; established; duties; members.
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(1) The Legislative Oversight Committee is hereby established as a special legislative committee to exercise the authority and perform the duties provided for in the Legislative Performance Audit Act, the Office of Inspector General of Nebraska Child Welfare Act, and the Office o…
Neb. Rev. Stat. § 50-1702 Legislative Oversight Committee; duties.
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The Legislative Oversight Committee shall: (1) Oversee all aspects of the Division of Legislative Oversight without regard to special or partisan interests and in accordance with relevant standards and guidelines; (2) Direct the work of the division through the approval of annual…
Neb. Rev. Stat. § 50-1703 Division of Legislative Oversight; legislative findings and declarations.
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The Legislature finds and declares that: (1) It is within the inherent power of the Legislature to secure needed information in order to legislate, hold hearings, and conduct investigations of matters related to the operation of state government. This power of inquiry is broad an…
Neb. Rev. Stat. § 50-1704 Division of Legislative Oversight; established; powers and duties; division staff; confidential information and confidential records; sharing; restrictions; grounds for dismissal.
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(1) The Division of Legislative Oversight is established within the Legislative Council. The division shall be responsible for conducting assessments, investigations, audits, inspections, and other reviews of Nebraska state government to ensure the Legislature is able to carry ou…
Neb. Rev. Stat. § 50-1705 Director of Legislative Oversight; appointment; term; removal; vacancy; qualifications; salary; duties.
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(1) The Director of Legislative Oversight shall be appointed by the Legislature, with the vote of two-thirds of the members required for approval of such appointment, from nominations submitted by the Legislative Oversight Committee. The director shall serve for a term of six yea…
Neb. Rev. Stat. § 50-1801 Act, how cited.
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Sections 50-1801 to 50-1821 shall be known and may be cited as the Office of Inspector General of Nebraska Child Welfare Act.
Neb. Rev. Stat. § 50-1802 Office of Inspector General of Nebraska Child Welfare; legislative findings and declarations.
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The Legislature finds and declares that: (1) It is within the inherent power of the Legislature to secure needed information in order to legislate, hold hearings, and conduct investigations of matters related to the operation of state government. This power of inquiry is broad an…
Neb. Rev. Stat. § 50-1803 Legislative intent.
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(1) It is the intent of the Legislature that the Office of Inspector General of Nebraska Child Welfare: (a) Assist in improving operations of the Nebraska child welfare system and juvenile justice system; (b) Provide an independent form of inquiry for concerns regarding the actio…
Neb. Rev. Stat. § 50-1804 Terms, defined.
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For purposes of the Office of Inspector General of Nebraska Child Welfare Act: (1) Administrator means a person charged with administration of a program, an office, or a division of the department or administration of a private agency or licensed child care facility or the execut…
Neb. Rev. Stat. § 50-1805 Office of Inspector General of Nebraska Child Welfare; created; purpose; Inspector General; appointment; term; certification; employees; removal.
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(1) The office of Inspector General of Nebraska Child Welfare is created within the Division of Legislative Oversight for the purpose of conducting investigations, audits, inspections, and other oversight of the Nebraska child welfare system and juvenile justice system for the Le…
Neb. Rev. Stat. § 50-1806 Office; duties; reports of death, serious injury, or allegations of sexual abuse; when required; reports of occurrences at youth rehabilitation and treatment center; state agencies, law enforcement agencies, and prosecuting attorneys; cooperation; confidentiality; witness; counsel; powers of office.
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(1) The office shall investigate: (a) Allegations or incidents of possible misconduct, misfeasance, malfeasance, or violations of statutes or of rules or regulations of: (i) The department by an employee of or person under contract with the department, a private agency, a license…
Neb. Rev. Stat. § 50-1807 Complaints to office; form; full investigation; when; notice.
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(1) Complaints to the office may be made in writing. The office shall also maintain a toll-free telephone line for complaints. A complaint shall be evaluated to determine if it alleges possible misconduct, misfeasance, malfeasance, or violation of a statute or of rules and regula…
Neb. Rev. Stat. § 50-1808 Office; access to information and personnel; cooperation with office; when required.
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(1) The office shall have access to all information and personnel necessary to perform the duties of the office and to carry out the Office of Inspector General of Nebraska Child Welfare Act. (2) All employees of the department, the juvenile services division as directed by the j…
Neb. Rev. Stat. § 50-1809 Failure to cooperate; effect.
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Failure to cooperate with an investigation by the office may result in public disclosure of the failure to cooperate.
Neb. Rev. Stat. § 50-1810 Subpoenas; request of Inspector General; Legislative Oversight Committee; powers and duties; litigation; appeal; fees and expenses.
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(1) At the request of the Inspector General, and after receiving prior approval by a majority vote of the Executive Board of the Legislative Council, the Legislative Oversight Committee may issue subpoenas in connection with a specific inquiry or investigation undertaken pursuant…
Neb. Rev. Stat. § 50-1811 Office; full investigation; access to records; subpoena; records; statement of record integrity and security; contents; treatment of records; interviews.
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(1) A full investigation conducted by the office shall consist of (a) access to, and retrieval of all, relevant records through compliance with a request of the office, by voluntary production, or by subpoena, (b) review of all relevant records, and (c) interviews of all relevant…
Neb. Rev. Stat. § 50-1812 Reports of investigations; distribution; redact confidential information; powers of office; disclosure of confidential information; summarized final report; release.
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(1) Reports of investigations conducted by the office shall not be distributed beyond the entity that is the subject of the report without the consent of the Inspector General. (2) Except when a report is provided to a guardian ad litem or an attorney in the juvenile court pursua…
Neb. Rev. Stat. § 50-1813 Department; commission; juvenile services division; provide access to information; manner; objections.
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(1) The department shall provide the Director of Legislative Oversight and the office with access to records, reports, and documents maintained by the department in connection with administration of the Nebraska child welfare system. (2) The commission shall provide the office wi…
Neb. Rev. Stat. § 50-1814 Inspector General's report of investigation; contents; distribution.
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(1) The Inspector General's report of an investigation shall be in writing and may contain recommendations for systemic reform. A report of an investigation shall be presented to the Director of Legislative Oversight and the chairperson of the Legislative Oversight Committee. The…
Neb. Rev. Stat. § 50-1815 Report; director, probation administrator, or executive director; accept, reject, or request modification; when final; written response; corrected report; credentialing issue; how treated.
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(1) Within fifteen business days after a report is presented to the director, the probation administrator, or the executive director under section 50-1814, the director, probation administrator, or executive director may determine whether to accept, reject, or request modificatio…
Neb. Rev. Stat. § 50-1816 Report or work product; no court review.
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No report or other work product of an investigation by the Inspector General shall be reviewable in any court. Neither the Inspector General nor any member of the Inspector General's staff shall be required to testify or produce evidence in any judicial or administrative proceedi…
Neb. Rev. Stat. § 50-1817 Inspector General; investigation of complaints; priority and selection.
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The Office of Inspector General of Nebraska Child Welfare Act does not require the Inspector General to investigate all complaints. The Inspector General, with input from the Director of Legislative Oversight, shall prioritize and select investigations and inquiries that further …
Neb. Rev. Stat. § 50-1818 Report; contents.
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On or before September 15 of each year, the Inspector General shall provide to the Legislature, the Supreme Court, and the Governor a report that includes a summary of reports and investigations made under the Office of Inspector General of Nebraska Child Welfare Act for the prec…
Neb. Rev. Stat. § 50-1819 Disclosure of information by employee; personnel actions prohibited.
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Any person who has authority to recommend, approve, direct, or otherwise take or affect personnel action shall not, with respect to such authority: (1) Take personnel action against an employee because of the disclosure of information by the employee to the office which the emplo…
Neb. Rev. Stat. § 50-1820 Inspector General; report conduct; when.
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If the Inspector General has reason to believe that any public officer or employee has acted in a manner that warrants criminal or disciplinary action or proceedings, the Inspector General shall report the matter to the department, the juvenile services division, the commission, …
Neb. Rev. Stat. § 50-1821 Confidential information and confidential records; access; sharing; restrictions; grounds for dismissal.
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(1) Notwithstanding any other provision of law, the office shall have access to confidential information and confidential records necessary to carry out its responsibilities. (2) Except as otherwise provided by law, any confidential information or confidential records shared with…