LB 1258

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                              LEGISLATURE OF NEBRASKA
                           ONE HUNDRED NINTH LEGISLATURE
                                       SECOND SESSION
                    LEGISLATIVE BILL 1258
    Introduced by Hansen, 16; Holdcroft, 36; Raybould, 28; Storm, 23.
    Read first time January 21, 2026
    Committee: Agriculture
1    A BILL FOR AN ACT relating to livestock; to amend sections 11-201,
254-170, 54-171, 54-171.01, 54-172, 54-176, 54-179, 54-180, 54-182,
354-187.01, 54-193, 54-194, 54-196, 54-197, 54-198, 54-199, 54-1,100,
454-1,101,     54-1,102,  54-1,103,        54-1,104,     54-1,105,        54-1,108,
554-1,115,    54-1,116,  54-1,118,    54-1,124.01,        54-1,125,       54-1,126,
654-1,127,     54-1,128,  54-1,129,        54-1,131,     54-415,        54-1160.01,
760-3,135, 60-480.01, 81-1021, and 84-1005, Reissue Revised Statutes
8of    Nebraska,    and    sections    81-1316      and   84-1411,      Revised    Statutes
9Supplement, 2025; to rename the Livestock Brand Act as the Livestock
10Protection    Act;       to    eliminate    the    Nebraska     Brand    Committee;  to
11provide for the Division of Brand Registration, Brand Inspection,
12and    Livestock    Theft       Investigation      and   a    brand    recorder      in    the
13Department of Agriculture; to eliminate the brand inspection area
14and   mandatory     branding      requirements       within    such    area;    to     change
15provisions relating to brand inspections and fees and to define,
16redefine, and eliminate terms under the Livestock Protection Act; to
17eliminate    provisions  relating     to    registered     feedlots       and      open
18markets    under    the       Livestock    Protection    Act;    to    provide    for      the
19transition    of    brand       inspection    duties     from    the    Nebraska       Brand
20Committee to the Department of Agriculture; to change provisions
21relating to estrays; to change provisions relating to undercover
22license     plates,       undercover        drivers'     licenses,       identification
23requirements for certain motor vehicles, the State Personnel System,
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1the   regular     work    hours     of    certain    state   employees,       and    virtual
2conferencing      under     the    Open    Meetings       Act;   to   state     legislative
3intent; to harmonize provisions; to provide an operative date; to
4repeal    the    original     sections;        and   to    outright     repeal      sections
554-175,     54-175.01,      54-179.01,  54-179.02,        54-179.03,      54-179.04,
654-186,     54-187.02,       54-188,       54-191,     54-192,        54-195,     54-1,106,
754-1,109,       54-1,110,  54-1,111,     54-1,112,  54-1,113,       54-1,114,
854-1,117,       54-1,119,    54-1,120,  54-1,121,     and      54-1,122,      Reissue
9Revised Statutes of Nebraska.
10    Be it enacted by the people of the State of Nebraska,
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1Section 1.    It is the intent of the Legislature through enactment of
2  the Livestock Protection Act to, no later than September 1, 2026:
3(1) Create the Division of Brand Registration, Brand Inspection, and
4    Livestock Theft Investigation under the Department of Agriculture;
5(2) Provide for the registration of brands and the renewal of such
6  registration;
7(3) Provide for statewide voluntary brand inspections, as proof of
8    ownership, upon request for a fee;
9(4) Allow producers to use their registered brands to brand their
10  cattle;
11(5) Provide for statewide uniformity of livestock protection;
12(6)   Protect    and   strengthen        Nebraska's  livestock     industry     and
13    competitiveness;
14(7) Provide for an advisory committee to provide feedback to the
15  division.       Such     committee    may    consist      of        representatives     from    the
16  livestock industry; and
17(8)   Provide    for   the   adoption      and    promulgation  of    rules    and
18  regulations relating to livestock protection.
19Sec. 2. Section 11-201, Reissue Revised Statutes of Nebraska, is
20  amended to read:
2111-201 It shall be the duty of the Risk Manager:
22(1) To prescribe the amount, terms, and conditions of any bond or
23    equivalent commercial insurance when the amount or terms are not fixed by
24     any   specific   statute.    The   Risk    Manager,  in    prescribing      the   amount,
25  deductibles, conditions, and terms, shall consider the type of risks, the
26  relationship of the premium to risks involved, the past and projected
27  trends for premiums, the ability of the Tort Claims Fund, the State Self-
28  Insured Property Fund, and state agencies to pay the deductibles, and any
29  other factors the manager may, in his or her discretion, deem necessary
30  in order to accomplish the provisions of sections 2-1201, 3-103, 8-104,
31  8-105, 9-807, 11-119, 11-121, 11-201, 11-202, 37-110, 48-158, 48-609,
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1     48-618,   48-804.03,      53-109,     54-191,     55-123,    55-126,    55-127,     55-150,
2  57-917, 60-1303, 60-1502, 71-222.01, 72-1241, 77-366, 80-401.02, 81-111,
3 81-151,      81-5,167,    81-8,128,        81-8,141,       81-1108.14,    81-2002,     83-128,
4    84-106, 84-206, and 84-801;
5(2) To pass upon the sufficiency of and approve the surety on the
6  bonds or equivalent commercial insurance of all officers and employees of
7  the state, when approval is not otherwise prescribed by any specific
8  statute;
9(3)   To    arrange    for    the   writing     of    corporate    surety      bonds   or
10    equivalent commercial insurance for all the officers and employees of the
11    state who are required by statute to furnish bonds;
12(4) To arrange for the writing of the blanket corporate surety bond
13  or equivalent commercial insurance required by this section; and
14(5) To order the payment of corporate surety bond or equivalent
15     commercial insurance premiums out of the State Insurance Fund created by
16     section 81-8,239.02.
17All   state    employees      not   specifically       required    to   give    bond   by
18     section 11-119 shall be bonded under a blanket corporate surety bond or
19     insured under equivalent commercial insurance for faithful performance
20  and honesty in an amount determined by the Risk Manager.
21The Risk Manager may separately bond any officer, employee, or group
22    thereof under a separate corporate surety bond or equivalent commercial
23    insurance policy for performance and honesty pursuant to the standards
24    set forth in subdivision (1) of this section if the corporate surety or
25    commercial insurer will not bond or insure or excludes from coverage any
26    officer, employee, or group thereof under the blanket bond or commercial
27    insurance required by this section, or if the Risk Manager finds that the
28     reasonable     availability      or   cost   of   the    blanket   bond     or   commercial
29  insurance required under this section is adversely affected by any of the
30  following factors: The loss experience, types of risks to be bonded or
31  insured, relationship of premium to risks involved, past and projected
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1    trends for premiums, or any other factors.
2Surety bonds of collection agencies, as required by section 45-608,
3    and detective agencies, as required by section 71-3207, shall be approved
4     by the Secretary of State. The Attorney General shall approve all bond
5     forms distributed by the Secretary of State.
6Sec. 3. Section 54-170, Reissue Revised Statutes of Nebraska, is
7    amended to read:
854-170 Sections 54-170 to 54-1,131 and sections 1, 8 to 10, 12, 14,
9 15, and 39 to 43 of this act shall be known and may be cited as the
10    Livestock Protection Brand Act.
11Sec. 4. Section 54-171, Reissue Revised Statutes of Nebraska, is
12    amended to read:
1354-171   For   purposes   of    the    Livestock    Protection     Brand   Act,   the
14 definitions found in sections 54-171.01 to 54-190 and sections 8 to 10,
15    12, and 14 of this act shall be used.
16Sec. 5. Section 54-172, Reissue Revised Statutes of Nebraska, is
17  amended to read:
1854-172 Bill of sale means a formal instrument for the conveyance or
19    transfer of title to livestock or other goods and chattels. The bill of
20    sale shall state the purchaser's name and address, the date of transfer,
21    the guarantee of title, the number of livestock transferred, the sex of
22    such livestock, the brand or brands, the location of the brand or brands
23    or a statement to the effect that the animal is unbranded, any approved
24     nonvisual   identifiers,   and     the    name   and   address   of   the   seller.   The
25 signature of the seller shall be attested by at least one witness or
26     acknowledged by a notary public or by some other officer authorized by
27     state law to take acknowledgments. For any conveyance or transfer of
28 title to cattle subject to assessment imposed pursuant to the federal
29     Beef Promotion and Research Order, 7 C.F.R. part 1260, for which the
30     purchaser is the collecting person pursuant to 7 C.F.R. 1260.311 for
31  purposes of collecting and remitting such assessment, the bill of sale
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1 shall include a notation of the amount the purchaser collected from the
2    seller or deducted from the sale proceeds for the assessment. A properly
3     executed bill of sale means a bill of sale that is provided by the seller
4  and received by the purchaser.
5Sec. 6. Section 54-176, Reissue Revised Statutes of Nebraska, is
6  amended to read:
754-176 Brand inspector means a person employed by, or a contracted
8    service     provider    retained       by,     the       department      the    Nebraska        Brand
9    Committee, or some other brand inspection agency, inside or outside of
10    the State of Nebraska, for the purpose of identifying brands, marks, or
11     other   identifying     characteristics  of    livestock    or    approved     nonvisual
12  identifiers       to    determine     the       existence       of   such      brands,    marks,     or
13     identifying characteristics or identifiers and from such determinations
14     in conjunction with any documentation or other satisfactory evidence of
15 ownership       attempt    to    establish       correct       and   true      ownership     of    such
16    livestock, and generally carry out the provisions and enforcement of all
17     laws    pertaining     to    brands,     brand  inspection,     physical      inspection,
18  electronic inspection, and associated livestock laws.
19Sec. 7. Section 54-179, Reissue Revised Statutes of Nebraska, is
20  amended to read:
2154-179 Certificate of inspection means the official document issued
22     and signed by a brand inspector attesting to the true ownership of
23  livestock as determined by the inspector and any authorizing (1) movement
24  of livestock from a point of origin within the brand inspection area to a
25     destination either inside or outside of the brand inspection area or
26  outside of this state, (2) slaughter of livestock as specified on such
27  certificate, or (3) the change of ownership of livestock as specified on
28  such certificate. A certificate of inspection shall designate, as needed,
29 the name of the shipper, consignor, or seller of the livestock, the
30    purchaser    or     consignee    of    the     livestock,  the      destination     of    the
31    livestock, the vehicle license number or carrier number, the miles driven
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1    by an inspector to perform inspection, the amount of inspection fees
2     collected,     the     number     and    sex    of   the   livestock    to   be    moved    or
3    slaughtered,     any     brands     on    the    livestock,    any     approved    nonvisual
4    identifiers, and the brand owner. A certificate of inspection shall be
5    construed and is intended to be documentary evidence of ownership on all
6    livestock covered by such document.
7Sec. 8.     Department means the Department of Agriculture.
8Sec. 9.     Director means the Director of Agriculture.
9Sec. 10.  Division means the Division of Brand Registration, Brand
10    Inspection, and Livestock Theft Investigation established pursuant to
11    section 15 of this act.
12Sec. 11. Section 54-180, Reissue Revised Statutes of Nebraska, is
13    amended to read:
1454-180 Estray means any livestock found running at large upon public
15    or private lands, either fenced or unfenced, whose owner is unknown in
16    the area where found, any such livestock which is branded with a brand
17    which is not on record in the office of the brand recorder Nebraska Brand
18    Committee, or any livestock for which ownership has not been established
19    as provided in section 54-1,118.
20Sec. 12. Section 54-187.01, Reissue Revised Statutes of Nebraska, is
21    amended to read:
2254-187.01 Inspection Physical inspection means an inspection for
23     purposes of the Livestock Protection Brand Act performed by a brand
24     inspector an employee of the Nebraska Brand Committee physically present
25    at the location of the inspected animals to verify ownership through
26     visual     observation    of    brands     or    other     distinguishing    markings      and
27    physical     characteristics       of     the    livestock    and    examination    of     any
28    associated documentary or other evidence of ownership.
29Sec. 13. Section 54-182, Reissue Revised Statutes of Nebraska, is
30    amended to read:
3154-182 Investigator means an employee of the department Nebraska
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1 Brand Committee who is also a deputy state sheriff and has the duty,
2     responsibility, and authority to enforce all state statutes pertaining to
3  brands, brand inspection, physical inspection, electronic inspection, and
4  associated  livestock       laws   and     to    investigate     independently        or   in
5  conjunction with other state or local law enforcement agencies instances
6 of       unlawful    taking     or    disposition       of   livestock    or   any    other    crime
7     involving fraud or deception pertaining to livestock or the ownership,
8  sale, transport, and possession of livestock. An investigator is also
9  responsible for the investigation of all problems associated with brands,
10  brand       inspection,       and    associated        livestock   enforcement       problems.     An
11  investigator shall also be available for assignment by the department to
12  any       investigation       and     enforcement        activities      under    animal      health
13  authorities assigned to the department.
14Sec. 14. Section 54-171.01, Reissue Revised Statutes of Nebraska, is
15  amended to read:
1654-171.01 Nonvisual Approved nonvisual identifier means a nonvisual
17  method of livestock identification, including approved by the Nebraska
18  Brand Committee such as an electronic device, a nose print, a retinal
19  scan, a DNA match, or any other such nonvisual method of livestock
20  identification.
21Sec. 15.      (1) The Division of Brand Registration, Brand Inspection,
22  and Livestock Theft Investigation is established in the department. The
23  purpose of the division is to protect brand and livestock owners in this
24  state from the theft of livestock through established brand recording,
25     the    availability    of     brand     inspection        services,   and     livestock     theft
26  investigation.
27(2) The director shall appoint a brand recorder who shall be the
28  administrative head of the division. The brand recorder shall:
29(a) Be responsible for the receipt and processing of applications
30  for       new   livestock  brands,      the    issuance    of    brand      registration
31    certificates, the transfer of ownership of existing livestock brands, and
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1  the maintenance of accurate and permanent records relating to livestock
2  brands;
3(b) With the approval of the director, for the purpose of carrying
4  out the Livestock Protection Act:
5(i) Hire brand inspectors, investigators, and assistants;
6(ii) Enter a contract with a service provider; and
7(iii) Enter an agreement with a state or local governmental agency;
8(c) Establish qualifications for employees of the division or for
9    contracts or agreements that are made by the division for the provision
10     of brand inspection services;
11(d) Develop and provide any training material or program related to
12  the provision of brand inspection services;
13(e) Be the point of contact for requests for brand inspection;
14(f) Assign a brand inspector to provide inspection services and to
15     issue a brand inspection certificate on behalf of the division;
16(g)   Be     the    point    of   contact    for    reports   of    missing    or   stolen
17  livestock and reports of fraud or deception pertaining to livestock or
18  the ownership, sale, transport, and possession of livestock;
19(h) Assign an investigator to investigate the reports described in
20    subdivision (g) of this subsection;
21(i) Cooperate and coordinate with the Attorney General, the Nebraska
22  State Patrol, and any other state or local law enforcement agency in the
23  investigation of instances of unlawful taking or disposition of livestock
24     or any other crime involving fraud or deception pertaining to livestock
25     or the ownership, sale, transport, and possession of livestock;
26(j) Advise the director regarding any memorandum of understanding or
27  contractual arrangement with the Attorney General, the Nebraska State
28  Patrol,      and    any     other   state    or    local    agency   regarding       specialized
29  training of investigators employed by the division;
30(k)   Assess        and   collect    fees    and    charges   for    brand     inspection
31  services,  brand     registration,  transfer    of     brands,        and   brand
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1     documentation,  and     related     fees     and     charges  under    the    Livestock
2  Protection Act; and
3(l) Recommend to the director any revision of rules and regulations
4    adopted and promulgated under the Livestock Protection Act.
5Sec. 16. Section 54-193, Reissue Revised Statutes of Nebraska, is
6    amended to read:
754-193    The  brand     recorder  Nebraska       Brand       Committee      shall
8     periodically have published in book form, electronic medium, or any such
9     other method prescribed by the committee a list of all brands recorded
10  with the division brand committee at the time of such publication. Such
11  publication may be supplemented from time to time. The publication shall
12 contain a facsimile of all recorded brands, together with the owner's
13    name and post office address, and shall be arranged in convenient form
14     for   reference.       The    brand     recorder    committee        shall     send,    without     any
15  charge, the publication as required by section 51-413 to the Nebraska
16 Publications Clearinghouse and shall provide the publication to each
17    inspector of record and to the county sheriff of each county in the State
18     of Nebraska, which shall be kept as a matter of public record. The
19  publication may be sold to the general public for a price equal to or
20  less than the actual cost of production.
21Sec. 17. Section 54-194, Reissue Revised Statutes of Nebraska, is
22  amended to read:
2354-194    The    brand        recorder    may     director      of    the    Nebraska      Brand
24 Committee      or    the    chairperson        of    the     brand    committee        shall   have    the
25     authority to sign all certificates and other documents that may by law
26    require certification by signature. Such documents shall include, but not
27     be    limited   to,     new    brand     certificates,  brand    transfer       certificates,
28  duplicate brand certificates, and brand renewal receipts. A facsimile of
29 the      department       brand    committee        seal    and   the     signature      of    the   brand
30    recorder shall also be placed on all brand certificates.
31Sec. 18. Section 54-196, Reissue Revised Statutes of Nebraska, is
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1    amended to read:
254-196  The     department     Nebraska      Brand    Committee       may    adopt    and
3    promulgate rules and regulations to carry out the Livestock Protection
4    Brand Act and section 54-415.
5Sec. 19. Section 54-197, Reissue Revised Statutes of Nebraska, is
6    amended to read:
754-197 The Nebraska Brand Inspection and Theft Prevention Fund is
8  created. Fees and money collected pursuant to the Livestock Protection
9  Brand Act not otherwise provided for in the act shall be remitted to the
10 State Treasurer for credit to the fund. The fund shall be used by the
11     department Nebraska Brand Committee in the administration and enforcement
12     of the act and section 54-415. All expenses and salaries provided for
13 under such act or incurred by reason thereof shall be paid out of the
14     fund. Any money in the fund available for investment shall be invested by
15 the state investment officer pursuant to the Nebraska Capital Expansion
16    Act and the Nebraska State Funds Investment Act.
17Sec. 20. Section 54-198, Reissue Revised Statutes of Nebraska, is
18  amended to read:
1954-198 (1) Any person may record a brand, which he or she has the
20    exclusive right to use in this state, and it is unlawful to use any brand
21     for   branding  any    livestock     unless      the   person     using    such    brand    has
22  recorded that brand with the brand recorder Nebraska Brand Committee. A
23  brand      is       a    mark    consisting     of    symbols,    characters,        numerals,       or   a
24     combination  of     such     intended     as     a   visual      means     of     ownership
25  identification when applied to the hide of an animal. Only a hot iron or
26  freeze  brand      or    other    method     approved     by   the   brand     recorder       brand
27     committee shall be used to apply a brand to a live animal.
28(2)    A       hot    iron    brand   or   freeze   brand    may    be     used    for   in-herd
29     identification purposes such as for year or production records. With
30  respect to hot iron brands used for in-herd identification, the numerals
31  0, 1, 2, 3, 4, 5, 6, 7, 8, and 9 in singular or triangular position are
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1 reserved on both the right and left shoulder of all cattle, except that
2     such shoulder location for a single-number hot iron brand may be used for
3 year branding for in-herd identification purposes, and an alphabetical
4    letter may be substituted for one of the numerals used in a triangular
5    configuration for in-herd identification purposes. Hot iron brands used
6    for in-herd identification shall be used in conjunction with the recorded
7     hot iron brand and shall be on the same side of the animal as the
8  recorded hot iron brand. Freeze branding for in-herd identification may
9  be applied in any location and any configuration with any combination of
10  numerals or alphabetical letters.
11(3) It shall be unlawful to knowingly maintain a herd containing one
12    or more animals which the possessor has branded, or caused to be branded,
13     in violation of this section or any other provision of the Livestock
14  Protection Brand Act.
15Sec. 21. Section 54-199, Reissue Revised Statutes of Nebraska, is
16    amended to read:
1754-199 (1) To record a brand, a person shall forward to the brand
18  recorder Nebraska Brand Committee a facsimile or description of the brand
19  desired to be recorded, a written application, and a recording fee and
20  research     fee   established   by   the    department   brand   committee.    Such
21     recording fee may vary according to the number of locations and methods
22  of brand requested but shall not be more than one hundred fifty dollars
23  per application. Such research fee shall be charged on all applications
24  and shall not be more than fifty dollars per application.
25(2) For recording of visual brands, upon receipt of a facsimile of
26     the brand, an application, and the required fee, the brand recorder
27  committee shall determine compliance with the following requirements:
28(a) The brand shall be an identification mark that is applied to the
29  hide of a live animal by hot iron branding or by either hot iron branding
30  or freeze branding. The brand shall be on either side of the animal in
31  any one of three locations, the shoulder, ribs, or hip;
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1(b) The brand is not recorded under the name of any other person and
2    does not conflict with or closely resemble a prior recorded brand;
3(c) The brand application specifies the left or right side of the
4  animal and the location on that side of the animal where the brand is to
5  be placed;
6(d) The brand is not recorded as a trade name nor as the name of any
7    profit or nonprofit corporation, unless such trade name or corporation is
8    of record, in current good standing, with the Secretary of State; and
9(e) The brand is, in the judgment of the brand recorder committee,
10  legible, adequate, and of such a nature that the brand when applied can
11  be properly read and identified by employees of the brand committee.
12(3) All visual brands shall be recorded as a hot iron brand only
13  unless a co-recording as a freeze brand or other approved method of
14  branding is requested by the applicant. The brand recorder committee
15     shall approve co-recording a brand as a freeze brand unless the brand
16  would    not   be    distinguishable      from    in-herd    identification    applied    by
17  freeze branding.
18(4) If the facsimile, the description, or the application does not
19  comply     with     the   requirements    of     this   section,    the   brand   recorder
20     committee shall not record such brand as requested but shall return the
21  recording fee to the forwarding person. The power of examination and
22  rejection is vested in the brand recorder committee, and if the brand
23  recorder committee determines that the application for a visual brand
24     falls within the category set out in subdivision (2)(e) of this section,
25     it shall decide whether or not a recorded brand shall be issued. The
26 brand    recorder     committee   shall    make    such     examination   as   promptly   as
27    possible. If the brand is recorded, the ownership vests from the date of
28    filing of the application.
29(5) The brand committee may by rule and regulation provide for the
30  use of approved nonvisual identifiers for purposes of enrolling cattle
31 identified by such method of livestock identification. Such method of
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1 livestock  identification  shall    be    approved  only    if     it   functions      as
2 satisfactory  evidence       of    ownership       for    the      purpose       of    enrollment     of
3 cattle and for electronic inspection authorized under section 54-1,108.
4 Before approving any nonvisual identifier, the brand committee shall
5     consider the degree to which such method may be susceptible to error,
6 failure,  or    fraudulent  alteration.      Any    rule       or    regulation  shall   be
7 adopted and promulgated only after public hearing conducted in compliance
8 with the Administrative Procedure Act.
9Sec. 22. Section 54-1,100, Reissue Revised Statutes of Nebraska, is
10 amended to read:
1154-1,100 (1) A recorded brand is the property of the person causing
12 such record to be made and is subject to sale, assignment, transfer,
13     devise,   and        descent    as       personal       property.  Any    instrument      of   writing
14 evidencing the sale, assignment, or transfer of a recorded brand shall be
15 effective  upon     its    recording  with   the     brand      recorder  Nebraska    Brand
16 Committee. No such instrument shall be accepted for recording if the
17 brand recorder committee has been duly notified of the existence of a
18 lien or security interest against livestock owned or thereafter acquired
19 by the owner of such brand by the holder of such lien or security
20     interest. Written notification from the holder of such lien or security
21 interest that the lien or security interest has been satisfied or consent
22     from the holder of such lien or security interest shall be required in
23 order     for       the     brand       recorder       committee  to    accept       for   recording      an
24 instrument  selling,    assigning,  or     transferring  such    recorded       brand.
25 Except        as    provided       in    subsection  (2)    of    this       section,      the    fee    for
26     recording such an instrument shall be established by the brand recorder
27     committee and shall not be more than forty dollars. Such instrument shall
28 give notice to all third persons of the matter recorded in the instrument
29 and     shall       be     acknowledged  by    a     notary    public  or   any     other   officer
30 qualified under law to administer oaths.
31(2) The owner of a recorded brand may lease the brand to another
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1 person upon compliance with this subsection and subject to the approval
2 of the brand recorder committee. The lessee shall pay a filing fee
3 established by the brand recorder committee not to exceed one hundred
4 dollars. The leased recorded brand may expire as agreed in the lease, but
5 in     no   event   shall   such   leased  recorded     brand    exceed   the    original
6 expiration date.
7Sec. 23. Section 54-1,101, Reissue Revised Statutes of Nebraska, is
8 amended to read:
954-1,101    (1)   The   owner   of    a     recorded    brand   is   entitled    to   one
10 certified copy of the record of such brand from the brand recorder
11 Nebraska Brand Committee without charge. Additional certified copies of
12 the record may be obtained by anyone upon the payment of one dollar for
13 each copy.
14(2) Copies of any other document maintained by the brand recorder of
15 the brand committee may be requested, and a fee of one dollar shall be
16 collected for each page copied. Only personnel authorized by the brand
17 recorder committee shall make copies and collect such fees. The party
18 requesting the copies is responsible for payment of the fee and shall
19     reimburse the brand recorder committee for the research time necessary to
20 furnish the requested documents at a rate of not less than twenty nor
21 more than forty dollars per hour of research time. The rate shall be
22 reviewed and set annually by the department brand committee.
23Sec. 24. Section 54-1,102, Reissue Revised Statutes of Nebraska, is
24 amended to read:
2554-1,102 (1) A recorded brand may be applied by its owner until its
26 expiration date.
27(2) The On and after January 1, 1994, the expiration date of a
28 recorded brand is the last day of the calendar quarter of the renewal
29 year as designated by the brand recorder Nebraska Brand Committee in the
30 records of the brand recorder committee.
31(3) The brand recorder committee shall notify every owner of a
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1 recorded brand of its expiration date at least sixty days prior to the
2    expiration date, and the owner of the recorded brand shall pay a renewal
3    fee established by the department brand committee which shall not be more
4     than two hundred dollars and furnish such other information as may be
5     required by the brand recorder committee. The renewal fee is due and
6  payable on or before the expiration date and renews a recorded brand for
7  a period of four years regardless of the number of locations on one side
8  of an animal on which the brand is recorded. If any owner fails, refuses,
9  or neglects to pay the renewal fee by the expiration date, the brand
10  shall expire and be forfeited.
11(4) The brand recorder shall committee has the authority to hold an
12     expired brand for one year following the date of expiration. An expired
13  brand may be reinstated by the same owner during such one-year period
14  upon return of a brand application form and payment of the recording fee
15 and research fee for such brand established by the department brand
16     committee under section 54-199 plus a penalty of five dollars for each
17    month or part of a month which has passed since the date of expiration. A
18     properly reinstated brand may be transferred to another person during
19  such one-year period upon completion of a transfer form, with a notarized
20     bill of sale signed by the prior owner attached to such transfer form.
21Sec. 25. Section 54-1,103, Reissue Revised Statutes of Nebraska, is
22  amended to read:
2354-1,103   (1)   Cattle   brands   consisting   of   alphabetical   letters   A
24  through Z, and numbers 1, 2, 3, 4, 5, 6, 7, 8, and 9 on the left or right
25  jaw are reserved for assignment by the brand recorder , as designated by
26  the Nebraska Brand Committee. The brand recorder shall not assign such
27  brands to any person in the State of Nebraska unless authorized by the
28 brand committee, and it shall be unlawful for any person to use such
29    brands except as provided in subsection (2) of this section.
30(2) Every person when spaying heifers, upon request of the owner
31  thereof, shall brand such heifers with the alphabetical letter O on the
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1 left jaw and furnish the owner with a certificate that all heifers so
2 branded have been properly spayed by a licensed veterinarian. Permission
3 may be granted by the brand recorder committee to state and federal
4 animal disease control agencies to require the use of the letters F, V,
5 B, S, and T and an open-end spade on either the right or left jaw of
6 cattle in a manner consistent with animal disease control laws.
7Sec. 26. Section 54-1,104, Reissue Revised Statutes of Nebraska, is
8 amended to read:
954-1,104 There is a recorded brand consisting of the alphabetical
10 letter N on the entire right and left sides which is assigned to the
11 division Nebraska Brand Committee to be used only by authorized personnel
12 of the division brand committee to permanently identify livestock which
13 are suspected of having been stolen and may be used as evidence in any
14 court proceeding. It shall in no way signify that the division brand
15 committee      (1)   is    the   owner    of   livestock   so   branded      or    (2)    claims
16 ownership      in    any   livestock     carrying   such    brand.      It   shall    only   be
17     construed and intended that livestock so branded are evidence or portions
18 of evidence seized relative to an alleged theft of livestock.
19Sec. 27. Section 54-1,105, Reissue Revised Statutes of Nebraska, is
20 amended to read:
2154-1,105 (1) Cattle branded with a Nebraska-recorded visual brand
22 shall     be   branded     so    that    the   recorded    brand   of    the      owner   shows
23 distinctly.
24(2) If the owners of recorded brands which conflict with or closely
25 resemble each other maintain their herds in close proximity to each
26 other, the brand recorder Nebraska Brand Committee has the authority to
27 decide, after hearing as to which at least ten days' written notice has
28 been given, any dispute arising therefrom and to direct such change or
29 changes in the position or positions where such recorded brand or brands
30 are to be placed as will remove any confusion that might result from such
31 conflict or close resemblance.
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1Sec. 28. Section 54-1,108, Reissue Revised Statutes of Nebraska, is
2     amended to read:
354-1,108 (1) (1)(a) All physical inspections for brands provided for
4     in the Livestock Protection Brand Act or section 54-415 shall be from
5     sunrise to sundown or during such other hours and under such conditions
6  as the brand recorder Nebraska Brand Committee determines. The division
7  shall provide inspection services upon the request of any:
8(a) Law enforcement agency;
9(b) Order of any court of competent jurisdiction;
10(c) Bank, credit agency, or lending institution with a legal or
11     financial interest in the cattle;
12(d)   Livestock    auction   market   or   packing   plant   requesting   such
13     inspection services;
14(e) Party to a transaction involving the transfer of possession or
15    ownership of livestock; or
16(f) Livestock owner who is missing cattle. The brand committee shall
17    assess a fifty-dollar late notice surcharge if a request for a physical
18     inspection is made less than forty-eight hours prior to the date of
19  inspection.
20(b) A physical inspection shall be required when brands applied by
21    hot iron or freeze branding methods are the exclusive means of ownership
22    identification and in all other cases that do not qualify for electronic
23    inspection as provided in subsection (2) of this section.
24(c) Beginning October 1, 2021, a physical inspection fee of eighty-
25  five cents per head until June 30, 2023, and beginning July 1, 2023, a
26 fee established by the Nebraska Brand Committee, of not more than one
27    dollar and ten cents per head shall be charged for all cattle inspected
28    in accordance with the Livestock Brand Act or section 54-415, inspected
29     within the brand inspection area or brand inspection service area by
30    court order, inspected at the request of any bank, credit agency, or
31     lending institution with a legal or financial interest in such cattle, or
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1  inspected at the request of a neighboring livestock owner with missing
2 cattle. The inspection fee for court-ordered inspections shall be paid
3    from the proceeds of the sale of such cattle if ordered by the court or
4     by either party as the court directs. For other inspections, the person
5     requesting    the     inspection       of    such    cattle       is    responsible      for    the
6  inspection fee. Brand inspections requested by either a purchaser or
7  seller of cattle located within the brand inspection service area shall
8  be    provided       upon   the   same     terms      and   charges        as    brand    inspections
9     performed    within      the   brand    inspection  area.       If    estray    cattle   are
10  identified as a result of the inspection, such cattle shall be processed
11  in the manner provided by section 54-415.
12(d)     The   actual    mileage     incurred     by     the    inspector      to    perform   a
13  physical inspection shall be paid by the party requesting inspection and
14  paid at the rate established by the Department of Administrative Services
15  pursuant to section 81-1176.
16(2)(a) The department shall establish an inspection fee (e) For
17  physical inspections performed outside of the brand inspection area that
18  are not provided for in subdivision (c) of this subsection, the fee shall
19  be the inspection fee established in such subdivision plus a fee to cover
20  the actual expense of performing the inspection, including mileage at the
21  rate established by the Department of Administrative Services and an
22  hourly rate, not to exceed thirty dollars per hour, for the travel and
23  inspection time incurred by the department brand committee to perform
24  such inspection. The division brand committee shall charge and collect
25  such    the     actual      expense   fee.      Such    fee    shall       apply    to    inspections
26     performed outside the brand inspection area as part of an investigation
27  into known or alleged violations of the Livestock Protection Brand Act
28  and shall be charged against the person committing the violation.
29(b) Such fee shall be paid:
30(i) By the person committing the violation;
31(ii) For court-ordered inspections, as directed by the court from
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1     the   proceeds      of    the    sale    of   the    cattle       or   any    party      to   the   court
2  proceeding; or
3(iii) By the person requesting the inspection of such cattle.
4(2)(a) The brand committee may provide for electronic inspection of
5    enrolled cattle identified by approved nonvisual identifiers pursuant to
6     subsection (5) of section 54-199. The brand committee shall establish
7     procedures for enrollment of such cattle with the brand committee which
8 shall  include      providing       acceptable  certification  or    evidence        of
9    ownership. Electronic inspection shall not require agency employees to be
10    present, except that random audits shall occur.
11(b) Beginning October 1, 2021, an electronic inspection fee not to
12  exceed eighty-five cents per head until June 30, 2023, and beginning July
13  1, 2023, a fee established by the brand committee of not more than one
14  dollar and ten cents per head shall be charged for all cattle subjected
15 to electronic inspection in accordance with the Livestock Brand Act or
16    section 54-415.
17(c) A certified bill of sale for sale of calves shall be provided to
18    qualified      dairies        once     the    required       information       is       electronically
19    transferred to the brand committee on calves under thirty days of age.
20    The    fee    shall      be   the     same    as    for     an    electronic       inspection       under
21    subdivision (2)(b) of this section.
22(d) A certified transportation permit shall be provided to qualified
23     dairies after the required information is electronically transferred to
24  the brand committee on calves under thirty days of age which are moved
25  out      of     the   inspection  area.   The    fee     shall     be    the   same       as   for   an
26  electronic inspection under subdivision (2)(b) of this section.
27(e) On or before December 1, 2021, the brand committee shall report
28     to    the    Legislature        any    actions      taken    or    necessary       for    implementing
29  electronic inspection authorized by this subsection, including personnel
30  and other resources utilized to support electronic inspection, how the
31 brand committee's information technology capabilities are utilized to
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1    support     electronic     inspection,       a    listing  of   approved      nonvisual
2    identifiers, the requirements for enrolling cattle identified by approved
3    nonvisual identifiers, current and anticipated utilization of electronic
4    inspection by the livestock industry, and the fees required to recover
5    costs of performing electronic inspection.
6(3) Any person who has reason to believe that cattle were shipped
7    erroneously due to an inspection error occurred during a brand inspection
8    may request a reinspection. The person making such request shall be
9    responsible for the expenses incurred as a result of the reinspection
10    unless     the   results   of    the    reinspection     substantiate  the    claim   of
11    inspection error, in which case the division brand committee shall be
12    responsible for the reinspection expenses.
13Sec. 29. Section 54-1,115, Reissue Revised Statutes of Nebraska, is
14  amended to read:
1554-1,115      (1)   Any     person,   other   than      the    owner   or    the   owner's
16    employee, using a motor vehicle or trailer to transport livestock or
17    carcasses over any land within the State of Nebraska not owned or rented
18    by such person or who is so transporting such livestock upon a highway,
19    public street, or thoroughfare within the State of Nebraska shall have in
20     his or her possession a livestock transportation authority form or ,
21    certificate of inspection , or shipping certificate from a registered
22     feedlot,     authorizing      such     movement   as   to    each      head     of   livestock
23     transported by such vehicle.
24(2) A livestock transportation authority form shall be in writing
25    and shall state the name of the owner of the livestock, the owner's post
26     office address, the place from which the livestock are being moved,
27 including the name of the ranch, if any, the destination, the name and
28    address of the carrier, the license number and make of motor vehicle to
29    which consigned, together with the number of livestock and a description
30    thereof including kind, sex, breed, color, and marks, if any, and in the
31    case of livestock shipments originating within the brand inspection area,
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1 the brands, if there are any. The authority form shall be signed by the
2    owner of the livestock or the owner's authorized agent.
3(3) Any peace officer, based upon probable cause to question the
4  ownership of the livestock being transported, may stop a motor vehicle or
5  motor vehicle and trailer and request exhibition of any authority form or
6  certificate required by this section.
7(4) A violation of this section is an infraction. A peace officer
8    shall have the authority to write a citation, which shall be waivable, to
9    offenders in violation of this section. A fine under this section shall
10     not exceed two hundred dollars per head for each offense. Violations
11  shall be charged in the county in which the offense occurred.
12Sec. 30. Section 54-1,116, Reissue Revised Statutes of Nebraska, is
13  amended to read:
1454-1,116 (1) All livestock sold or otherwise disposed of shall be
15  accompanied by a properly executed bill of sale in writing, satisfactory
16  evidence of ownership, or , for cattle, a certificate of inspection. All
17  owners of or persons possessing livestock have a duty to exhibit, upon
18  request of any person, the bill of sale or other satisfactory evidence of
19  ownership of the livestock.
20(2) A violation of this section is an infraction. A peace officer
21    shall have the authority to write a citation, which shall be waivable, to
22    offenders in violation of this section. A fine under this section shall
23     not exceed two hundred dollars per head for each offense. Violations
24  shall be charged in the county in which the offense occurred.
25Sec. 31. Section 54-1,118, Reissue Revised Statutes of Nebraska, is
26  amended to read:
2754-1,118 If any livestock inspected under the Livestock Protection
28  Brand Act or section 54-415 is unbranded or bears a brand or brands in
29  addition to, or other than, the recorded brand or brands of the shipper
30  or seller, then the shipper or seller may be required to establish his or
31 her ownership of such livestock by exhibiting to the brand inspector
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1    Nebraska Brand Committee a bill of sale to such livestock or by other
2    satisfactory evidence of ownership. If ownership of the livestock is not
3    established:
4(1) Such livestock shall be considered an estray;
5(2) The department shall notify the county sheriff of the county in
6  which such livestock is inspected or is located; and
7(3)    Such   livestock     shall    be    disposed      of   pursuant    to    section
8    54-415. , the livestock may be sold, and the selling agent who sells such
9    livestock shall hold the proceeds of the sale. If any shipper or seller
10    who has offered such livestock for sale refuses to accept the bids
11    offered, ownership must be established, or a cash bond posted with the
12     selling   agent   in   an   amount    equal    to    the    approximate     value   of   the
13  livestock and payable to the brand committee, before such livestock may
14 be removed from the premises. When ownership has been established the
15    cash bond shall be returned to the person who or which posted it.
16The shipper or seller of the livestock is required to establish
17    ownership of such livestock within sixty days after its sale. If such
18    shipper or seller establishes ownership of such livestock, the Nebraska
19     Brand Committee shall order the selling agent of such livestock to pay
20     the proceeds of sale to the shipper or seller. If such shipper or seller
21    fails to establish ownership within the sixty days, such livestock shall
22    be considered an estray and the Nebraska Brand Committee shall order the
23     selling agent to pay the proceeds of sale over to the brand committee.
24     All funds that the brand committee receives from the sale of any estray
25     shall be placed in a separate custodial fund known as the estray fund.
26  The    brand   committee       shall    determine      the    ownership   of    estrays     that
27    originate within the brand inspection area. Such funds shall be disposed
28    of in the manner provided in section 54-415.
29Sec. 32. Section 54-1,124.01, Reissue Revised Statutes of Nebraska,
30  is amended to read:
3154-1,124.01 A person commits a Class III felony if:
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1(1) Such person willfully and knowingly performs or causes to be
2  performed any act to:
3(a)       Apply,     remove,    damage,    or    alter     a   an   approved       nonvisual
4    identifier; or
5(b)       Expunge,     alter,    render    inaccessible,       or   otherwise        corrupt
6     information     recorded     or     embedded   on    or   in   a   an   approved       nonvisual
7  identifier; and
8(2) Such conduct is done with the intent to deprive an owner of
9  livestock or falsely assert ownership of livestock.
10Sec. 33. Section 54-1,125, Reissue Revised Statutes of Nebraska, is
11    amended to read:
1254-1,125 (1) Any person who offers as evidence of ownership for any
13    livestock sold, traded, or otherwise disposed of as provided in the
14    Livestock Protection Brand Act or section 54-415, any forged, altered, or
15     otherwise falsely prepared document or form, knowing the same to be
16    forged, altered, or otherwise falsely prepared, is guilty of the Class IV
17     felony   of    criminal     possession    of     a   forged    instrument      as    defined   in
18  section 28-604.
19(2) Any person who forges, alters, or otherwise changes in any
20  manner any of the forms or documents which are satisfactory evidence of
21 ownership or any other form or document required by or provided for in
22     the Livestock Protection Brand Act or section 54-415, is guilty of second
23 degree forgery as defined in section 28-603, and shall be punished in
24    accordance with such section.
25(3)       Any   person     who     knowingly      misrepresents       or        misuses    any
26  certificate of inspection or other satisfactory evidence of ownership is
27     guilty of a Class II misdemeanor.
28Sec. 34. Section 54-1,126, Reissue Revised Statutes of Nebraska, is
29    amended to read:
3054-1,126 Any person who violates any provision of the Livestock
31 Protection Brand Act is guilty of a Class II misdemeanor unless another
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1    penalty is specifically provided for such violation.
2Sec. 35. Section 54-1,127, Reissue Revised Statutes of Nebraska, is
3     amended to read:
454-1,127 Whenever any person is arrested for a violation of the
5    Livestock   Protection   Brand   Act     or   section   54-415   punishable   as   a
6     misdemeanor,   the   arresting   peace    officer   shall,   except   as   otherwise
7 provided in this section, take the name and address of such person and
8    the license number of his or her motor vehicle. The peace officer shall
9    issue a summons or otherwise notify him or her in writing to appear at a
10     time and place to be specified in such summons or notice. Such time shall
11 be at least five days after such arrest, unless the person arrested
12    demands an earlier hearing. Such person, if he or she so desires, has a
13    right to an immediate hearing or a hearing within twenty-four hours at a
14    convenient hour, such hearing to be before a magistrate within the county
15    where such offense was committed. The peace officer shall thereupon, and
16    upon the giving by such person of his or her written promise to appear at
17    such time and place, forthwith release him or her from custody. Any
18     person refusing to give such written promise to appear shall be taken
19 immediately by the arresting peace officer before the nearest or most
20    accessible magistrate.
21Sec. 36. Section 54-1,128, Reissue Revised Statutes of Nebraska, is
22    amended to read:
2354-1,128 (1) An owner may brand cattle with a brand recorded or
24    registered in another state when:
25(a) Cattle are purchased at a livestock auction market licensed
26    under the Livestock Auction Market Act or congregated at another location
27    approved by the brand recorder Nebraska Brand Committee;
28(b) The cattle will be imminently exported from Nebraska;
29(c) The cattle are branded at the livestock auction market or other
30    approved location; and
31(d) An out-of-state brand permit has been obtained prior to branding
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1    the cattle.
2(2) An application for an out-of-state brand permit shall be made to
3     the brand recorder a brand inspector and shall include a description of
4     the brand, a written application, and a fee not to exceed fifty dollars
5    as   determined   by   the   department.    The    brand    recorder   Nebraska    Brand
6    Committee. A brand inspector shall evaluate and may approve an out-of-
7    state brand permit within a reasonable period of time.
8(3) Cattle branded under an out-of-state brand permit shall remain
9    subject to all other brand inspection requirements under the Livestock
10    Brand Act.
11(4) A violation of this section is an infraction. A peace officer
12  shall have the authority to write a citation, which shall be waivable, to
13     offenders in violation of this section. A fine under this section shall
14 not exceed two hundred dollars per head for each offense. Violations
15    shall be charged in the county in which the offense occurred.
16Sec. 37. Section 54-1,129, Reissue Revised Statutes of Nebraska, is
17     amended to read:
1854-1,129 The owner or operator of any livestock auction market, as
19     defined   in   section   54-1158,   or   packing    plant    located   in   any   county
20     outside the brand inspection area may voluntarily elect to provide brand
21    inspection for all cattle brought to such livestock auction market or
22    packing plant from within the brand inspection area upon compliance with
23    sections 54-1,129 to 54-1,131.
24Sec. 38. Section 54-1,131, Reissue Revised Statutes of Nebraska, is
25    amended to read:
2654-1,131 Inspection provided for in sections 54-1,129 to 54-1,131
27    shall be conducted in the manner established by the Livestock Protection
28    Brand Act. The owner or operator making such election may be required to
29    guarantee to the brand recorder Nebraska Brand Committee that inspection
30    fees derived from such livestock auction market or packing plant will be
31    sufficient, in each twelve-month period, to pay the per diem and mileage
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1     of   the   inspectors  required    and    that    he     or    she       will   reimburse        the
2  department committee for any deficit incurred in any such twelve-month
3  period. Such guarantee shall be secured by a corporate surety bond, to be
4  approved by the Secretary of State, in a penal sum to be established by
5  the department Nebraska Brand Committee.
6Sec. 39.  On and after January 1, 2027, positions of employment in
7    the Nebraska Brand Committee related to the powers, duties, and functions
8     transferred       to     the    department     pursuant     to     this       legislative        bill     are
9  transferred to the department. For purposes of the transition, employees
10 of the Nebraska Brand Committee shall be considered employees of the
11     department and shall retain their rights under the state personnel system
12 or pertinent bargaining agreement, and their service shall be deemed
13     continuous. This section does not grant any employee any new right or
14  benefit that is not otherwise provided by law or bargaining agreement or
15 preclude        the    department        or    the    director     from     exercising  any   of   the
16    prerogatives of management set forth in section 81-1311 or as otherwise
17    provided by law. This section is not an amendment to or a substitute for
18    the provisions of any existing bargaining agreement.
19Sec. 40.  On January 1, 2027, any appropriation and salary limit
20  provided        in    any        legislative    bill    enacted       by    the       One   Hundred      Ninth
21  Legislature to Agency No. 39, Nebraska Brand Committee, shall be null and
22     void, and any such amounts are hereby appropriated to Agency No. 18,
23  Department  of      Agriculture:        Program       No.        75,        Division      of    Brand
24 Registration, Brand Inspection, and Livestock Theft Investigation. Any
25    financial obligations of the Nebraska Brand Committee that remain unpaid
26     as of January 1, 2027, and that are subsequently certified as valid
27  encumbrances  to        the    accounting  division        of        the    Department        of
28 Administrative  Services      pursuant      to    sections       81-138.01        to     81-138.04,
29     shall   be   paid        by    the   Department     of    Agriculture  from   the    unexpended
30  balance of the appropriation to the Division of Brand Registration, Brand
31    Inspection,        and    Livestock        Theft    Investigation  of    the   Department        of
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1 Agriculture on January 1, 2027.
2Sec. 41.     On and after January 1, 2027, whenever the Nebraska Brand
3     Committee is referred to or designated by any contract or other document
4     in connection with the duties and functions of the department, such
5 reference or designation shall apply to the department. All contracts
6 entered into by the Nebraska Brand Committee prior to January 1, 2027, in
7 connection with the duties and functions of the Nebraska Brand Committee
8 that are transferred by this legislative bill are hereby recognized, with
9 the     department    succeeding       to    all      rights    and   obligations    under    such
10     contracts. Any cash funds, custodial funds, gifts, trusts, grants, and
11 appropriations of funds from prior fiscal years available to satisfy
12 obligations      incurred     under       such     contracts     shall     be   transferred      and
13 appropriated to such department for the payments of such obligations. All
14 documents      and   records       transferred,        or   copies    of    the   same,    may   be
15 authenticated or certified by such department for all legal purposes.
16Sec. 42.      (1) No suit, action, or other proceeding, judicial or
17 administrative, lawfully commenced prior to January 1, 2027, or that
18 could have been commenced prior to such date, by or against the Nebraska
19 Brand Committee, or an employee or agent of the Nebraska Brand Committee
20 in such employee's or agent's official capacity or in relation to the
21 discharge of his or her official duties, shall abate by reason of the
22 transfer of duties and functions from the Nebraska Brand Committee to the
23 department.
24(2)    Any    suit,        action,       or    other     proceeding,       judicial      or
25     administrative, that was lawfully commenced prior to January 1, 2027,
26 under the Livestock Brand Act shall be subject to the provisions of the
27 act as they existed prior to such date.
28Sec.   43.    (1)     On    and   after       January    1,   2027,     unless   otherwise
29 specified, whenever any provision of law refers to the Nebraska Brand
30 Committee in connection with duties and functions of the Department of
31 Agriculture, such law shall be construed as referring to the Department
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1 of Agriculture.
2(2)   All   rules      and    regulations    adopted   and   promulgated    prior     to
3 January 1, 2027, under the Livestock Protection Act shall continue to be
4 effective to the extent that such rules and regulations do not conflict
5 with the changes made by this legislative bill.
6(3) All certificates or other forms of approval issued in accordance
7 with the Livestock Protection Act prior to January 1, 2027, shall remain
8 valid as issued for purposes of the changes made by this legislative bill
9 unless revoked or otherwise terminated by law.
10Sec. 44. Section 54-415, Reissue Revised Statutes of Nebraska, is
11 amended to read:
1254-415 (1) Any person taking up an estray in this state within the
13 brand inspection area or brand inspection service area shall report the
14     same within seven days thereafter to the Nebraska Brand Committee. Any
15 person taking up an estray in any other area of the state shall report
16 such estray the same to the county sheriff of the county where the estray
17 was     taken.      If   the    animal     is   determined     to    be   an   estray    by    a
18 representative of the Nebraska Brand Committee or the county sheriff, as
19 the case may be, such animal shall, as promptly as may be practicable, be
20 sold through the most convenient livestock auction market. The proceeds
21 of such sale, after deducting the selling expenses, shall be paid over to
22 the Nebraska Brand Committee to be placed in the estray fund identified
23 in     section   54-1,118,       if    such   estray   was   taken   up   within   the   brand
24 inspection area or brand inspection service area, and otherwise to the
25 treasurer of the county in which such estray was taken up.
26(2) During the time such proceeds are impounded, any person taking
27 up such estray may file a claim with the Nebraska Brand Committee or the
28 county treasurer , as the case may be, for the expense of feeding and
29 keeping such estray while in his or her possession. When such claim is
30 filed, it shall be the duty of the Nebraska Brand Committee or the county
31 board shall , as the case may be, to decide on the validity of the claim
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1  so filed and allow the claim for such amount as may be deemed equitable.
2(3) If When the estray is taken up within the brand inspection area
3     or brand inspection service area, such proceeds shall be impounded for
4  one year, unless ownership is determined sooner by the Nebraska Brand
5  Committee,      and   if   ownership   is    not    determined   within   such   one-year
6     period, the proceeds shall be paid into the permanent school fund, less
7  the actual expenses incurred in the investigation and processing of the
8  estray fund. Any amount deducted as actual expenses incurred shall be
9 deposited in the Nebraska Brand Inspection and Theft Prevention Fund.
10    When the estray is taken up outside the brand inspection area or brand
11    inspection service area and ownership of the estray cannot be determined
12     by the county board, the county board shall then order payment of the
13  balance of the sale proceeds, less expenses, to the permanent school
14  fund.
15(4) If the brand committee or the county board determines ownership
16    of an estray sold in accordance with this section by means of evidence of
17    ownership other than the owner's recorded Nebraska brand, an amount not
18    to exceed the actual investigative costs or expenses may be deducted from
19    the proceeds of the sale.
20(5) Any person who violates this section is guilty of a Class II
21  misdemeanor.
22(6) The definitions found in the Livestock Protection Act sections
23     54-171.01 to 54-190 apply to this section.
24Sec. 45. Section 54-1160.01, Reissue Revised Statutes of Nebraska,
25  is amended to read:
2654-1160.01 The owner or operator of any livestock auction market
27  located    in   any   county   outside      the    brand   inspection   area   created   in
28     section 54-1,109 may voluntarily elect to provide brand inspection as
29  provided in sections 54-1,129 to 54-1,131.
30Sec. 46. Section 60-3,135, Reissue Revised Statutes of Nebraska, is
31 amended to read:
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160-3,135 (1)(a) Undercover license plates may be issued to federal,
2    state, county, city, or village law enforcement agencies and shall be
3    used   only   for    legitimate     criminal      investigatory  purposes.      Undercover
4    license plates may also be issued to the Nebraska State Patrol, the Game
5    and Parks Commission, deputy state sheriffs employed under the Livestock
6    Protection Act for state law enforcement purposes, deputy state sheriffs
7    employed by the Nebraska Brand Committee and State Fire Marshal for state
8    law enforcement purposes, persons employed by the Tax Commissioner for
9    state revenue enforcement purposes, the Department of Health and Human
10    Services for the purposes of communicable disease control, the prevention
11     and control of those communicable diseases which endanger the public
12 health, the enforcement of drug control laws, or other investigation
13    purposes,     the    Department     of     Agriculture       for    special       investigative
14    purposes, and the Insurance Fraud Prevention Division of the Department
15    of Insurance for investigative purposes. Undercover license plates shall
16     not    be   used    on    personally     owned    vehicles    or     for       personal    use    of
17  government-owned vehicles.
18(b) The director shall prescribe a form for agencies to apply for
19     undercover license plates. The form shall include a space for the name
20    and    signature     of    the   contact    person   for     the     requesting  agency,    a
21     statement that the undercover license plates are to be used only for
22    legitimate     criminal      investigatory        purposes,        and     a    statement       that
23    undercover license plates are not to be used on personally owned vehicles
24    or for personal use of government-owned vehicles.
25(2) The agency shall include the name and signature of the contact
26    person for the agency on the form and pay the fee prescribed in section
27     60-3,102.     If    the    undercover      license   plates        will    be    used     for    the
28  investigation of a specific event rather than for ongoing investigations,
29     the agency shall designate on the form an estimate of the length of time
30     the undercover license plates will be needed. The contact person in the
31     agency shall sign the form and verify the information contained in the
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1    form.
2(3) Upon receipt of a completed form, the director shall determine
3  whether the undercover license plates will be used by an approved agency
4  for a legitimate purpose pursuant to subsection (1) of this section. If
5 the director determines that the undercover license plates will be used
6    for such a purpose, he or she may issue the undercover license plates in
7    the form and under the conditions he or she determines to be necessary.
8    The decision of the director regarding issuance of undercover license
9    plates is final.
10(4)   The   department   shall   keep   records     pertaining     to   undercover
11    license plates confidential, and such records shall not be subject to
12    public disclosure.
13(5) The contact person shall return the undercover license plates to
14  the department if:
15(a) The undercover license plates expire and are not renewed;
16(b) The purpose for which the undercover license plates were issued
17    has been completed or terminated; or
18(c) The director requests their return.
19(6) A state agency, board, or commission that uses motor vehicles
20    from    the    transportation     services        bureau    of      the   Department   of
21     Administrative      Services    shall    notify     the    bureau     immediately   after
22    undercover license plates have been assigned to the motor vehicle and
23    shall provide the equipment and license plate number and the undercover
24    license plate number to the bureau. The transportation services bureau
25     shall maintain a list of state-owned motor vehicles which have been
26     assigned undercover license plates. The list shall be confidential and
27  not be subject to public disclosure.
28(7) The contact person shall be held accountable to keep proper
29     records of the number of undercover plates possessed by the agency, the
30     particular license plate numbers for each motor vehicle, and the person
31 who is assigned to the motor vehicle. This record shall be confidential
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1 and not be subject to public disclosure.
2Sec. 47. Section 60-480.01, Reissue Revised Statutes of Nebraska, is
3 amended to read:
460-480.01     (1)(a)      Undercover       drivers'    licenses      may      be   issued    to
5 federal, state, county, city, or village law enforcement agencies and
6 shall     be   used    only    for    legitimate       criminal    investigatory  purposes.
7 Undercover drivers' licenses may also be issued to the Nebraska State
8 Patrol, the Game and Parks Commission, deputy state sheriffs employed
9 under the Livestock Protection Act for state law enforcement purposes,
10 deputy state sheriffs employed by the Nebraska Brand Committee and State
11 Fire Marshal for state law enforcement purposes, persons employed by the
12 Tax Commissioner for state revenue enforcement purposes, the Department
13 of Health and Human Services for the purposes of communicable disease
14 control, the prevention and control of those communicable diseases which
15 endanger the public health, the enforcement of drug control laws, or
16     other investigation purposes, the Department of Agriculture for special
17     investigative purposes, and the Insurance Fraud Prevention Division of
18 the     Department     of     Insurance      for    investigative      purposes.  Undercover
19 drivers' licenses are not for personal use.
20(b) The director shall prescribe a form for agencies to apply for
21 undercover drivers' licenses. The form shall include a space for the name
22 and     signature     of    the    contact     person    for    the    requesting  agency,    a
23     statement that the undercover drivers' licenses are to be used only for
24 legitimate      criminal       investigatory  purposes,     and       a     statement        that
25 undercover drivers' licenses are not for personal use.
26(2) The agency shall include the name and signature of the contact
27 person for the agency on the form and pay the fees prescribed in section
28 60-4,115.      If   the     undercover    drivers'      licenses      will       be   used    for   the
29 investigation of a specific event rather than for ongoing investigations,
30 the agency shall designate on the form an estimate of the length of time
31 the undercover drivers' licenses will be needed. The contact person in
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1 the agency shall sign the form and verify the information contained in
2 the form.
3     (3) Upon receipt of a completed form, the director shall determine
4 whether the undercover drivers' licenses will be used by an approved
5 agency   for     a    legitimate  purpose    pursuant     to    subsection     (1)    of    this
6 section. If the director determines that the undercover drivers' licenses
7 will be used for such a purpose, he or she may issue the undercover
8 drivers'    licenses        in     the    form     and   under   the    conditions      he    or    she
9 determines       to    be   necessary.       The    decision     of    the   director       regarding
10 issuance of undercover drivers' licenses is final.
11     (4) The Department of Motor Vehicles shall keep records pertaining
12 to undercover drivers' licenses confidential, and such records shall not
13 be subject to public disclosure. Any person who receives information
14 pertaining to undercover drivers' licenses in the course of his or her
15 employment and who discloses any such information to any unauthorized
16 individual shall be guilty of a Class III misdemeanor.
17     (5) The contact person shall return the undercover drivers' licenses
18 to the Department of Motor Vehicles if:
19     (a) The undercover drivers' licenses expire and are not renewed;
20     (b) The purpose for which the undercover drivers' licenses were
21 issued has been completed or terminated;
22     (c)     The       persons      for   whom    the     undercover    drivers'      licenses      were
23 issued cease to be employees of the agency; or
24     (d) The director requests their return.
25     Sec. 48. Section 81-1021, Reissue Revised Statutes of Nebraska, is
26 amended to read:
27     81-1021 (1) All motor vehicles acquired by the State of Nebraska
28 except any vehicle rented as a bureau fleet vehicle shall be indelibly
29 and conspicuously lettered, in plain letters of a contrasting color or
30 reflective material:
31     (a)     On    each      side    thereof      with    the   words    State   of    Nebraska      and
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1    following such words the name of whatever board, department, bureau,
2    division, institution, including the University of Nebraska or state
3    college, office, or other state expending agency of the state to which
4    the motor vehicle belongs; and
5(b) On the back thereof with the words State of Nebraska.
6(2)     This    section     shall     not     apply     to   motor      vehicles      used   or
7    controlled by:
8(a) The Nebraska State Patrol, the Public Service Commission, the
9    Game    and    Parks    Commission,     deputy       state     sheriffs      employed       under   the
10     Livestock Protection Act for state law enforcement purposes, deputy state
11  sheriffs employed by the Nebraska Brand Committee and State Fire Marshal
12  for state law enforcement purposes, inspectors employed by the Nebraska
13 Liquor Control Commission, and persons employed by the Tax Commissioner
14    for    state    revenue     enforcement       purposes,      the    exemption        for    state   law
15    enforcement  purposes    and   state       revenue     enforcement  purposes     being
16    confined strictly to the seven agencies specifically named;
17(b) The Department of Health and Human Services or the Department of
18     Correctional  Services    for   the    purpose     of    apprehending  and   returning
19  escaped offenders or parole violators to facilities in the Department of
20 Correctional Services and transporting offenders and personnel of the
21    Department of Correctional Services and patients and personnel of the
22     Department of Health and Human Services who are engaged in off-campus
23     program activities;
24(c) The Military Department;
25(d)     Vocational       rehabilitation       counselors       and     the     Department     of
26    Health    and    Human     Services     for    the    purposes        of    communicable        disease
27    control, for the prevention and control of those communicable diseases
28    which endanger the public health, or used by the Department of Health and
29     Human Services in the enforcement of drug control laws or for other
30     investigation purposes;
31(e)     The     Department      of    Agriculture        for        special     investigative
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1  purposes;
2(f)    The   Nebraska    Motor     Vehicle    Industry   Licensing     Board    for
3    investigative purposes;
4(g) The Insurance Fraud Prevention Division of the Department of
5  Insurance for investigative purposes; and
6(h) The Department of Justice.
7Sec.   49.   Section    81-1316,    Revised   Statutes   Supplement,    2025,    is
8  amended to read:
981-1316 (1) All agencies and personnel of state government shall be
10     covered by sections 81-1301 to 81-1319 and shall be considered subject to
11  the State Personnel System, except the following:
12(a) All personnel of the office of the Governor;
13(b) All personnel of the office of the Lieutenant Governor;
14(c) All personnel of the office of the Secretary of State;
15(d) All personnel of the office of the State Treasurer;
16(e) All personnel of the office of the Attorney General;
17(f) All personnel of the office of the Auditor of Public Accounts;
18(g) All personnel of the Legislature;
19(h) All personnel of the court systems;
20(i) All personnel of the Board of Educational Lands and Funds;
21(j) All personnel of the Public Service Commission;
22(k) All personnel of the Tax Equalization and Review Commission
23  Nebraska Brand Committee;
24(l) All personnel of the Commission of Industrial Relations;
25(m) All personnel of the State Department of Education;
26(n) All personnel of the Nebraska state colleges and the Board of
27  Trustees of the Nebraska State Colleges;
28(o) All personnel of the University of Nebraska;
29(p) All personnel of the Coordinating Commission for Postsecondary
30  Education;
31(q) All personnel of the Governor's Policy Research Office;
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1(r) All personnel of the Commission on Public Advocacy;
2(s) All agency heads;
3(t)(i)     The     Director      of    Behavioral        Health   of    the   Division    of
4    Behavioral Health; (ii) the Director of Children and Family Services of
5    the Division of Children and Family Services; (iii) the Director of
6     Developmental Disabilities of the Division of Developmental Disabilities;
7 (iv) the Director of Medicaid and Long-Term Care of the Division of
8    Medicaid and Long-Term Care; and (v) the Director of Public Health of the
9    Division of Public Health;
10(u) The chief medical officer established under section 81-3115, the
11    Administrator of the Office of Juvenile Services, and the chief executive
12     officers of the Beatrice State Developmental Center, Lincoln Regional
13    Center,     Norfolk    Regional      Center,       Hastings      Regional    Center,     Central
14     Nebraska     Veterans'       Home,   Norfolk        Veterans'     Home,     Eastern    Nebraska
15  Veterans'        Home,        Western   Nebraska        Veterans'     Home,    and   each    youth
16  rehabilitation and treatment center;
17(v) The chief executive officers of all facilities operated by the
18     Department of Correctional Services and the medical director for the
19     department appointed pursuant to section 83-4,156;
20(w)       All      personnel  employed      as      pharmacists,       physicians,
21    psychiatrists,        or    psychologists      by     the    Department      of   Correctional
22    Services;
23(x)       All      personnel  employed      as      pharmacists,       physicians,
24  psychiatrists, psychologists, service area administrators, or facility
25  operating officers of the Department of Health and Human Services or the
26  Department of Veterans' Affairs;
27(y) Deputies and examiners of the Department of Banking and Finance
28     and the Department of Insurance as set forth in sections 8-105 and
29 44-119, except for those deputies and examiners who remain in the State
30    Personnel System;
31(z) All personnel of the Tax Equalization and Review Commission;
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1(z) (aa) The associate director of the Conservation Division of the
2     Nebraska   State    Historical     Society    and    all    personnel     employed     as   a
3 Conservator I or Conservator II of the Conservation Division of the
4 Nebraska State Historical Society;
5(aa) (bb) Assistant directors and deputies of the Nebraska Public
6 Employees Retirement Systems; and
7(bb) (cc) The Chief Water Officer, assistant directors, and deputies
8 of the Department of Water, Energy, and Environment.
9(2) At each agency head's discretion, up to the following number of
10 additional positions may be exempted from the State Personnel System,
11     based on the following agency size categories:
12Number of Agency  Number of Noncovered
13Employees  Positions
14less than 25  0
1525 to 100  1
16101 to 250  2
17251 to 500  3
18501 to 1000  4
191001 to 2000  5
202001 to 3000  8
213001 to 4000  11
224001 to 5000  40
23over 5000  50
24The purpose of having such noncovered positions shall be to allow
25 agency heads the opportunity to recruit, hire, and supervise critical,
26 confidential,  or   policymaking    personnel  without    restrictions      from
27 selection       procedures,        compensation    rules,       career      protections,    and
28 grievance      privileges.     Persons     holding      the    noncovered     positions    shall
29 serve at the pleasure of the agency head and shall be paid salaries set
30 by the agency head. An agency with over five thousand employees shall
31 provide notice in writing to the Health and Human Services Committee of
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1 the Legislature when forty noncovered positions have been filled by the
2 agency head pursuant to this subsection.
3(3)    No    changes    to    this    section    or    to    the      number     of    noncovered
4 positions within an agency shall affect the status of personnel employed
5 on the date the changes become operative without their prior written
6     agreement. A state employee's career protections or coverage by personnel
7 rules     and   regulations  shall    not   be   revoked  by   redesignation  of     the
8 employee's position as a noncovered position without the prior written
9 agreement of such employee.
10Sec. 50. Section 84-1005, Reissue Revised Statutes of Nebraska, is
11 amended to read:
1284-1005 Subsection (2) of section 84-1001 shall not apply to (1)
13 employees of the University of Nebraska, the state colleges, the Nebraska
14 Brand Committee, or the Nebraska Oil and Gas Conservation Commission, (2)
15 the Superintendent of Law Enforcement and Public Safety, his or her
16 deputies and assistants, members of the Nebraska State Patrol, or carrier
17 enforcement  officers    designated  under     section  60-1303,    or       (3)     the
18 employees       of    the   Division     of     Motor    Fuels      of    the    office       of   the     Tax
19 Commissioner who render service on such days and maintain such hours as
20 the Governor may designate, except that when employees are required to
21 work on any day designated as a paid holiday, subsections (4) and (5) of
22 section 84-1001 shall apply.
23Sec.    51.    Section       84-1411,    Revised      Statutes        Supplement,  2025,    is
24 amended to read:
2584-1411 (1)(a) Except as provided in subsection (9) of this section,
26 each public body shall give reasonable advance publicized notice of the
27 time and place of each meeting as provided in this subsection. Such
28     notice shall be transmitted to all members of the public body and to the
29     public.
30(b)(i) Except as provided in subdivision (1)(b)(ii) of this section,
31 in the case of a public body described in subdivision (1)(a)(i) of
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1  section 84-1409 or such body's advisory committees, such notice shall be
2  given by:
3(A)(I) Publication in a newspaper of general circulation within the
4     public body's jurisdiction that is finalized for printing prior to the
5  time and date of the meeting, (II) posting on such newspaper's website,
6  if available, and (III) posting on a statewide website, if available,
7  established and maintained as a repository for such notices by a majority
8  of Nebraska newspapers. Such notice shall be placed in the newspaper and
9  on the websites by the newspaper; or
10(B)(I) Posting to the newspaper's website, if available, and (II)
11     posting to a statewide website, if available, established and maintained
12     as a repository for such notices by a majority of Nebraska newspapers if
13    no edition of a newspaper of general circulation within the public body's
14     jurisdiction is to be finalized for printing prior to the time and date
15     of the meeting. Such notice shall be placed in the newspaper and on the
16     websites by the newspaper.
17(ii) In the case of the governing body of a city of the second class
18  or    village,   any   advisory   committee   of   such   governing   body,   or   the
19     governing body of a rural or suburban fire protection district, such
20  notice shall be given by:
21(A)(I) Publication in a newspaper of general circulation within the
22     public body's jurisdiction that is finalized for printing prior to the
23     time and date of the meeting, (II) posting on such newspaper's website,
24     if available, and (III) posting on a statewide website, if available,
25  established and maintained as a repository for such notices by a majority
26  of Nebraska newspapers. Such notice shall be placed in the newspaper and
27  on the websites by the newspaper;
28(B)(I) Posting to the newspaper's website, if available, and (II)
29    posting on a statewide website, if available, established and maintained
30    as a repository for such notices by a majority of Nebraska newspapers if
31    no edition of a newspaper of general circulation within the public body's
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1    jurisdiction is to be finalized for printing prior to the time and date
2    of the meeting. Such notice shall be placed in the newspaper and on the
3    websites by the newspaper; or
4(C) Posting written notice in three conspicuous public places in
5    such city, village, or district. Such notice shall be posted by the
6    public body in the same three places for each meeting.
7(iii) In the case of a public body not described in subdivision (1)
8    (b)(i) or (ii) of this section, such notice shall be given by a method
9    designated by the public body.
10(iv) In case of refusal, neglect, or inability of the newspaper to
11 publish the notice, the public body shall (A) post such notice on its
12    website, if available, (B) request the newspaper submit a post on a
13    statewide    website,     if    available,        established     and    maintained   as    a
14    repository for such notices by a majority of Nebraska newspapers, and (C)
15    post such notice in a conspicuous public place in such public body's
16    jurisdiction. The public body shall keep a written record of such posting
17    pursuant to subdivision (1)(b)(iv)(A) and (C) of this section and a
18    written record of the request to the newspaper pursuant to subdivision
19    (1)(b)(iv)(B)    of   this     section.    The    record   of     such   posting   shall   be
20     evidence that such posting was done as required and shall be sufficient
21     to fulfill the requirement of publication.
22(c) In addition to a method of notice required by subdivision (1)(b)
23    (i) or (ii) of this section, such notice may also be provided by any
24    other appropriate method designated by such public body or such advisory
25    committee.
26(d) Each public body shall record the methods and dates of such
27    notice in its minutes.
28(e) Such notice shall contain an agenda of subjects known at the
29     time of the publicized notice or a statement that the agenda, which shall
30 be    kept     continually    current,       shall    be   readily    available   for    public
31     inspection at the principal office of the public body during normal
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1    business hours. Agenda items shall be sufficiently descriptive to give
2     the public reasonable notice of the matters to be considered at the
3  meeting. Except for items of an emergency nature, the agenda shall not be
4     altered    later      than   (i)    twenty-four  hours     before     the     scheduled
5 commencement        of    the   meeting      or    (ii)    forty-eight      hours     before     the
6     scheduled commencement of a meeting of a city council or village board
7     scheduled outside the corporate limits of the municipality. The public
8 body shall have the right to modify the agenda to include items of an
9    emergency nature only at such public meeting.
10(2)(a) The following entities may hold a meeting by means of virtual
11     conferencing if the requirements of subdivision (2)(b) of this section
12     are met:
13(i) A state agency, state board, state commission, state council, or
14    state committee, or an advisory committee of any such state entity;
15(ii) An organization, including the governing body, created under
16    the Interlocal Cooperation Act, the Joint Public Agency Act, or the
17    Municipal Cooperative Financing Act;
18(iii)    The      governing    body    of    a   public     power    district    having    a
19    chartered territory of more than one county in this state;
20(iv) The governing body of a public power and irrigation district
21  having a chartered territory of more than one county in this state;
22(v) An educational service unit;
23(vi) The Educational Service Unit Coordinating Council;
24(vii)   An     organization,     including  the   governing    body,     of   a   risk
25 management pool or its advisory committees organized in accordance with
26  the Intergovernmental Risk Management Act;
27(viii) A community college board of governors;
28(ix) The Nebraska Brand Committee;
29(ix) (x) A local public health department;
30(x) (xi) A metropolitan utilities district;
31(xi) (xii) A regional metropolitan transit authority; and
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1(xii) (xiii) A natural resources district.
2(b) The requirements for holding a meeting by means of virtual
3    conferencing are as follows:
4(i) Reasonable advance publicized notice is given as provided in
5  subsection (1) of this section, including providing access to a dial-in
6  number or link to the virtual conference;
7(ii) In addition to the public's right to participate by virtual
8 conferencing,  reasonable      arrangements       are    made   to     accommodate      the
9    public's right to attend at a physical site and participate as provided
10    in   section     84-1412,   including     reasonable  seating,     in    at   least   one
11    designated site in a building open to the public and identified in the
12    notice, with: At least one member of the entity holding such meeting, or
13    his or her designee, present at each site; a recording of the hearing by
14     audio    or    visual   recording    devices;    and     a   reasonable        opportunity   for
15     input, such as public comment or questions, is provided to at least the
16  same extent as would be provided if virtual conferencing was not used;
17(iii) At least one copy of all documents being considered at the
18    meeting is available at any physical site open to the public where
19     individuals may attend the virtual conference. The public body shall also
20 provide links to an electronic copy of the agenda, all documents being
21    considered at the meeting, and the current version of the Open Meetings
22    Act; and
23(iv) Except as otherwise provided in this subdivision, subsection
24  (1)        of    section   70-1014,    subsection     (2)       of   section      70-1014.02,    or
25     subsection (4) of section 79-2204, no more than one-half of the meetings
26     of   the       state    entities,     advisory     committees,  boards,      councils,
27     organizations, or governing bodies are held by virtual conferencing in a
28     calendar year. In the case of (A) an organization created under the
29  Interlocal Cooperation Act that sells electricity or natural gas, (B) an
30  organization created under the Municipal Cooperative Financing Act, (C) a
31 governing body of a risk management pool and any advisory committee of
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1    such governing body, or (D) any advisory committee of any state entity
2     created in response to the Opioid Prevention and Treatment Act, such
3 organization, governing body, or committee may hold more than one-half of
4    its meetings by virtual conferencing if such organization holds at least
5    one meeting each calendar year that is not by virtual conferencing.
6(3)   Virtual  conferencing,  emails,  faxes,  or    other        electronic
7 communication  shall      not     be    used       to    circumvent  any      of     the    public
8    government purposes established in the Open Meetings Act.
9(4)   The    secretary  or    other  designee  of   each      public       body    shall
10    maintain a list of the news media requesting notification of meetings and
11    shall make reasonable efforts to provide advance notification to them of
12     the time and place of each meeting and the subjects to be discussed at
13     that meeting.
14(5)   When       it    is   necessary  to     hold      an    emergency  meeting        without
15    reasonable advance public notice, the nature of the emergency shall be
16    stated in the minutes and any formal action taken in such meeting shall
17    pertain only to the emergency. Such emergency meetings may be held by
18    virtual conferencing. The provisions of subsection (4) of this section
19    shall be complied with in conducting emergency meetings. Complete minutes
20    of such emergency meetings specifying the nature of the emergency and any
21    formal action taken at the meeting shall be made available to the public
22    by no later than the end of the next regular business day.
23(6) A public body may allow a member of the public or any other
24    witness     to     appear  before       the        public      body       by       means        of    virtual
25    conferencing.
26(7)(a) Notwithstanding subsections (2) and (5) of this section, if
27    an   emergency     is       declared      by        the   Governor  pursuant        to    the        Emergency
28    Management       Act    as     defined  in    section  81-829.39,        a       public       body   the
29     territorial       jurisdiction  of        which       is     included  in     the        emergency
30  declaration,  in       whole   or     in        part,      may    hold      a     meeting  by     virtual
31    conferencing during such emergency if the public body gives reasonable
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1 advance publicized notice as described in subsection (1) of this section.
2 The notice shall include information regarding access for the public and
3 news media. In addition to any formal action taken pertaining to the
4 emergency, the public body may hold such meeting for the purpose of
5 briefing, discussion of public business, formation of tentative policy,
6 or the taking of any action by the public body.
7(b) The public body shall provide access by providing a dial-in
8 number or a link to the virtual conference. The public body shall also
9 provide links to an electronic copy of the agenda, all documents being
10 considered at the meeting, and the current version of the Open Meetings
11 Act. Reasonable arrangements shall be made to accommodate the public's
12 right to hear and speak at the meeting and record the meeting. Subsection
13 (4) of this section shall be complied with in conducting such meetings.
14(c) The nature of the emergency shall be stated in the minutes.
15 Complete minutes of such meeting specifying the nature of the emergency
16 and any formal action taken at the meeting shall be made available for
17 inspection as provided in subsection (5) of section 84-1413.
18(8) In addition to any other statutory authorization for virtual
19 conferencing, any public body not listed in subdivision (2)(a) of this
20 section may hold a meeting by virtual conferencing if:
21(a) The purpose of the virtual meeting is to discuss items that are
22     scheduled to be discussed or acted upon at a subsequent non-virtual open
23     meeting of the public body;
24(b) No action is taken by the public body at the virtual meeting;
25 and
26(c) The public body complies with subdivisions (2)(b)(i) and (ii) of
27     this section.
28(9) This section does not apply to a meeting of the Nebraska Power
29 Review Board or a public power district, a public power and irrigation
30 district, an electric membership association, an electric cooperative
31     company, a municipality having a generation and distribution system, or a
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1  registered group of municipalities if such meeting is subject to section
2  70-1034.
3Sec. 52.      This act becomes operative on January 1, 2027.
4Sec.    53.      Original   sections     11-201,    54-170,    54-171,     54-171.01,
5  54-172,       54-176,    54-179,   54-180,    54-182,      54-187.01,     54-193,    54-194,
6     54-196, 54-197, 54-198, 54-199, 54-1,100, 54-1,101, 54-1,102, 54-1,103,
7  54-1,104, 54-1,105, 54-1,108, 54-1,115, 54-1,116, 54-1,118, 54-1,124.01,
8  54-1,125,       54-1,126,    54-1,127,   54-1,128,        54-1,129,     54-1,131,    54-415,
9  54-1160.01, 60-3,135, 60-480.01, 81-1021, and 84-1005, Reissue Revised
10  Statutes of Nebraska, and sections 81-1316 and 84-1411, Revised Statutes
11  Supplement, 2025, are repealed.
12Sec. 54.  The following sections are outright repealed: Sections
13  54-175, 54-175.01, 54-179.01, 54-179.02, 54-179.03, 54-179.04, 54-186,
14  54-187.02, 54-188, 54-191, 54-192, 54-195, 54-1,106, 54-1,109, 54-1,110,
15 54-1,111,      54-1,112,    54-1,113,    54-1,114,   54-1,117,        54-1,119,     54-1,120,
16    54-1,121, and 54-1,122, Reissue Revised Statutes of Nebraska.
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