84-948. Standing committee of Legislature; duties; report; contents.
(1) Beginning in 2019, each standing committee of the Legislature shall annually review and analyze approximately twenty percent of the occupational regulations within the jurisdiction of the committee and prepare and submit an annual report electronically to the Clerk of the Legislature by December 15 of each year as provided in this section. Each committee shall complete this process for all occupational regulations within its jurisdiction within five years and every five years thereafter. Each report shall include the committee's recommendations regarding whether the occupational regulations should be terminated, continued, or modified.
(2) Each committee may require the submission of information by the affected occupational board and other affected or interested parties.
(3) A committee's report shall include, but not be limited to, the following:
(a) The title of the regulated occupation and the name of the occupational board responsible for enforcement of the occupational regulations;
(b) The statutory citation or other authorization for the creation of the occupational regulations and occupational board;
(c) The number of members of the occupational board and how the members are appointed;
(d) The qualifications for membership on the occupational board;
(e) The number of times the occupational board is required to meet during the year and the number of times it actually met;
(f) Annual budget information for the occupational board for the five most recently completed fiscal years;
(g) For the immediately preceding five calendar years, or for the period of time less than five years for which the information is practically available, the number of government certifications, occupational licenses, and registrations the occupational board has issued, revoked, denied, or assessed penalties against, listed anonymously and separately per type of credential, and the reasons for such revocations, denials, and other penalties;
(h) A review of the basic assumptions underlying the creation of the occupational regulations;
(i) A statement from the occupational board on the effectiveness of the occupational regulations; and
(j) A comparison of whether and how other states regulate the occupation.
(4) Subject to subsection (5) of this section, each committee shall also analyze, and include in its report, whether the occupational regulations meet the policies stated in section 84-946 considering the following recommended courses of action for meeting such policies:
(a) If the need is to protect consumers against fraud, the likely recommendation will be to strengthen powers under the Uniform Deceptive Trade Practices Act or require disclosures that will reduce misleading attributes of the specific goods or services;
(b) If the need is to protect consumers against unclean facilities or to promote general health and safety, the likely recommendation will be to require periodic inspections of such facilities;
(c) If the need is to protect consumers against potential damages from failure by providers to complete a contract fully or up to standards, the likely recommendation will be to require that providers be bonded;
(d) If the need is to protect a person who is not party to a contract between the provider and consumer, the likely recommendation will be to require that the provider have insurance;
(e) If the need is to protect consumers against potential damages by transient providers, the likely recommendation will be to require that providers register their businesses with the Secretary of State;
(f) If the need is to protect consumers against a shortfall or imbalance of knowledge about the goods or services relative to the providers' knowledge, the likely recommendation will be to enact government certification; and
(g) If the need is to address a systematic information shortfall such that a reasonable consumer is unable to distinguish between the quality of providers, there is an absence of institutions that provide adequate guidance to the consumer, and the consumer's inability to distinguish between providers and the lack of adequate guidance allows for undue risk of present, significant, and substantiated harms, the likely recommendation will be to enact an occupational license.
(5) If a lawful occupation is subject to the Nebraska Regulation of Health Professions Act, the analysis under subsection (4) of this section shall be made using the least restrictive method of regulation as set out in section 71-6222.
(6) In developing recommendations under this section, the committee shall review any report issued to the Legislature pursuant to the Nebraska Regulation of Health Professions Act, if applicable, and consider any findings or recommendations of such report related to the occupational regulations under review.
(7) If the committee finds that it is necessary to change occupational regulations, the committee shall recommend the least restrictive regulation consistent with the public interest and the policies in this section and section 84-946.
Source
Cross References
Structure Nebraska Revised Statutes
84-101 - State property; Governor the legal custodian.
84-102 - Executive officers; duty to report to Governor.
84-103 - Civil officers; commissions; issuance by Governor.
84-104 - Thanksgiving Day; proclamation by Governor.
84-104.02 - Martin Luther King, Jr. Day; manner of observance.
84-104.03 - Martin Luther King, Jr. Day; proclamation by Governor; commemoration.
84-104.04 - George W. Norris Day; manner of observance.
84-104.05 - George W. Norris Day; proclamation by Governor; commemoration.
84-104.06 - American Indian Day; legislative findings.
84-104.07 - American Indian Day; manner of observance.
84-104.08 - American Indian Day; proclamation by Governor; commemoration.
84-104.09 - Workers Memorial Day; proclamation by Governor; commemoration.
84-107 - State Day; observance; commemoration; proclamation.
84-108 - Pulaski's Memorial Day; proclamation; observance.
84-108.01 - Observances; not paid holidays.
84-109 - State projects; control and supervision by Governor; when authorized; delegation of powers.
84-120 - Governor; succession to office.
84-121 - Governor; succession to office; resignation required.
84-122 - Governor; succession to office; oath of office; effect.
84-127 - Governor; disability; examination; conference; members; findings; effect.
84-128 - Governor; disability; removal; examination; conference; members; findings; effect.
84-129 - Governor; disability; conference; member; unable to perform duty; successor.
84-131 - Comprehensive state and regional planning; declaration of purpose.
84-134 - Advisory committees or councils; members; appointment; no compensation; expenses; meetings.
84-136 - Governor's Policy Research Office; state development policy alternatives; powers.
84-137 - Governor's Policy Research Office; functional plans; Governor; powers.
84-139 - Plans of state agencies; approval by Governor's Policy Research Office.
84-152 - Transferred to section 13-301.
84-153 - Transferred to section 13-302.
84-155 - Transferred to section 19-912.01.
84-162 - Vital resource emergencies; legislative findings.
84-164 - Vital resource emergency; Governor declare; when; termination.
84-165 - Vital resource emergency; legislative determination; response of Governor.
84-166 - Vital resource emergency; Governor; powers.
84-167 - Emergency measures; exemption; issued by Governor.
84-168 - Acceptance of cession or retrocession of federal jurisdiction; filing.
84-201 - Department of Justice; Attorney General; head.
84-201.01 - Attorney General; salary.
84-201.02 - Restriction on private practice of law.
84-202 - Department of Justice; powers and duties.
84-203 - Attorney General; actions by or against the state; duties.
84-204 - Attorney General; power in counties concurrent with county attorney.
84-205 - Attorney General; powers and duties; Child Protection Division.
84-206 - Deputy attorney general; bond or insurance; powers and duties; compensation.
84-206.01 - Attorney General; actions relating to boundary lines; duty.
84-207 - Attorney General; actions involving use of waters of interstate streams; duty.
84-209 - Attorney General; actions against members of Legislature; defense; when authorized.
84-211 - Attorney General; antitrust division; violations of federal antitrust laws; duties.
84-212 - Attorney General; antitrust matters; powers; duties; damages; proof; distribution.
84-213 - Attorney General; antitrust matters; investigation; powers; duties; subpoena.
84-214 - Antitrust matters; labor of human beings; exempt.
84-217 - Sections; cumulative to existing remedies.
84-218 - Statewide model anonymous reporting protocol for health care providers.
84-219 - Department of Justice Revolving Fund; created; use; investment.
84-302 - Transferred to section 81-1107.01.
84-303 - Transferred to section 81-1125.01.
84-304 - Auditor; powers and duties; assistant deputies; qualifications; powers and duties.
84-304.03 - Auditor; establish minimum standards.
84-305.02 - Prohibited acts; penalty.
84-306 - Transferred to section 81-1170.
84-306.01 - Transferred to section 81-1174.
84-306.02 - Transferred to section 81-1175.
84-306.03 - Transferred to section 81-1176.
84-306.04 - Transferred to section 81-1171.
84-306.05 - Transferred to section 81-1177.
84-306.06 - Transferred to section 81-1178.
84-306.07 - Transferred to section 81-1179.
84-306.08 - Transferred to section 81-1180.
84-306.09 - Transferred to section 81-1181.
84-307 - Transferred to section 81-1107.02.
84-308 - Transferred to section 81-1107.03.
84-309 - Transferred to section 81-1172.
84-310 - Transferred to section 81-1173.
84-311 - Reports and working papers; disclosure status; penalty.
84-312 - Auditor; oath; power to administer.
84-313 - Transferred to section 81-1107.04.
84-314 - Auditor; deputy; bond or insurance; compensation; duties; qualifications.
84-315 - Auditor; seal; evidentiary effect.
84-316 - Auditor of Public Accounts; powers; employees; prohibited acts; violation; penalty.
84-321 - Auditor of Public Accounts Cash Fund; created; use.
84-322 - Performance audits; authorized; report.
84-401 - Board of Educational Lands and Funds; records of state lands; duty to keep.
84-402 - Board of Educational Lands and Funds; seal.
84-407 - State Surveyor; deputy surveyors; duties; compensation.
84-407.01 - Deputy surveyor; private employment; no additional fees; cost of plat and field notes.
84-408 - State Surveyor; duties; surveys; prima facie evidence of correctness.
84-409.01 - Applications for surveys; costs advanced; disposition.
84-411 - State Surveyor; entry upon property authorized; damages.
84-412 - Survey record repository; established.
84-413 - Survey record repository; duties.
84-414 - Survey Record Repository Fund; created; use; investment.
84-415 - Survey record repository; funding; fees.
84-501 - Secretary of State; Great Seal; custodian.
84-502 - Secretary of State; duties.
84-503 - Secretary of State; bills passed over Governor's veto; authentication.
84-507 - Secretary of State; oaths; acknowledgments; fees.
84-508 - Secretary of State; deputy; duties.
84-509 - Secretary of State; deputy; compensation.
84-509.01 - Restriction on political committee participation.
84-511 - Electronic transmission and filing of documents.
84-512 - Secretary of State Cash Fund; created; use; investment.
84-601 - State Treasurer; residence office; location.
84-602 - State Treasurer; duties.
84-602.01 - Taxpayer Transparency Act.
84-602.02 - Transferred to section 84-602.04.
84-602.03 - Taxpayer Transparency Act; terms, defined.
84-603 - State Treasurer; seal authentication; copies evidence of original.
84-604 - State Treasurer and Auditor of Public Accounts; records; delivery to successors.
84-605 - State Treasurer; records; inspection by Legislature; audit.
84-606 - State Treasurer; oaths; power to administer.
84-607 - State Treasurer; refusal to pay lawful warrant; penalty.
84-608 - State Treasurer; deputy; duties; compensation.
84-612 - Cash Reserve Fund; created; transfers; limitations; receipt of federal funds.
84-613 - Cash Reserve Fund; investment; interest.
84-614 - Unreversed transfer; considered encumbrance; when.
84-615 - Petty cash fund; authorized.
84-616 - Judgments and security for debt; authority of State Treasurer to sell and assign.
84-617 - State Treasurer Administrative Fund; created; use; investment; fee schedule.
84-618 - Treasury Management Cash Fund; created; use; investment.
84-620 - State Treasurer; debtor of state agency; fees authorized; payment limitations.
84-701 - Fiscal year; beginning; end.
84-702 - State officers; biennial reports to Clerk of the Legislature.
84-711 - Fees; failure to remit to State Treasurer; penalty.
84-712 - Public records; free examination; memorandum and abstracts; copies; fees.
84-712.01 - Public records; right of citizens; full access; fee authorized.
84-712.03 - Public records; denial of rights; remedies.
84-712.04 - Public records; denial of rights; public body; provide information.
84-712.05 - Records which may be withheld from the public; enumerated.
84-712.06 - Public record; portion provided; when.
84-712.07 - Public records; public access; equitable relief; attorney's fees; costs.
84-712.08 - Records; federal government; exception.
84-712.09 - Violation; penalty.
84-713.05 - Transferred to section 50-117.
84-714 - Transferred to section 90-102.
84-715 - Transferred to section 90-103.
84-716 - Transferred to section 90-104.
84-716.01 - Transferred to section 90-105.
84-716.03 - Transferred to section 90-106.
84-717 - Transferred to section 90-107.
84-723 - State officers; other compensation from state; prohibition.
84-725 - Transferred to section 90-108.
84-726 - Transferred to section 90-109.
84-727 - Transferred to section 90-110.
84-728 - Transferred to section 90-111.
84-729 - Transferred to section 90-112.
84-730 - Transferred to section 90-113.
84-731 - Governor; duty to implement laws; exceptions; Attorney General; action to implement.
84-732 - Governor or Attorney General; duty to implement laws; violation; penalty.
84-733 - Advertising or promotional materials; state funds; limitation.
84-801 - State officers; deputies; appointment; bond or insurance.
84-803 - State officers; appointment as deputy prohibited.
84-804 - Transferred to section 23-1704.01.
84-805 - Transferred to section 23-1704.02.
84-806 - Transferred to section 23-1704.03.
84-808 - Transferred to section 23-1115.
84-809 - Transferred to section 24-403.
84-901.02 - Legislative findings.
84-903 - Agency; rules and regulations; publish.
84-905 - Agency; rules and regulations; availability required; price.
84-905.01 - Rule or regulation; review by Attorney General.
84-906 - Rule or regulation; when valid; presumption; limitation of action.
84-906.01 - Official rulemaking or regulationmaking record; agency maintain; contents.
84-906.02 - Public comments; notice; agency; powers.
84-906.03 - Secretary of State; duties.
84-906.04 - Secretary of State; maintain docket for pending proceedings; contents.
84-906.05 - Rule or regulation; judicial notice.
84-907 - Rule or regulation; adoption; amendment; repeal; hearing; notice; procedure; exemption.
84-907.08 - Petition to adopt a rule or regulation; form; procedure.
84-907.09 - Adoption, amendment, or repeal of rule or regulation; provide information to Governor.
84-907.10 - Member of the Legislature; complaint; procedure.
84-909 - Agency; rules and regulations governing procedure; adoption.
84-909.01 - Model rules of procedure; Attorney General; agency; duties.
84-911 - Validity of rule or regulation; declaratory judgment; procedure.
84-912.01 - Petition for declaratory order; issuance by agency; duties; effect.
84-912.03 - Tax Equalization and Review Commission; exemption.
84-913 - Contested cases; notice of hearing; record; transcript.
84-913.01 - Hearing officer; prehearing conference; procedure.
84-913.02 - Hearing officer; prehearing conference; powers and duties; orders.
84-913.03 - Hearing officer; prehearing conference and hearing; how conducted.
84-913.04 - Proceedings; limitation on participation.
84-914 - Contested cases; evidence; procedure; ex parte communications.
84-915 - Contested cases; orders; findings of fact; conclusions of law; notification.
84-915.01 - Official record of contested cases; agency maintain; contents; use.
84-917 - Contested case; appeal; right to cross-appeal; procedure.
84-918 - District court decision; appeal.
84-919 - Act; exclusive means of judicial review.
84-919.01 - Negotiated Rulemaking Act; use by agency.
84-925 - Petition to use negotiated rulemaking committee; procedure; exception.
84-926 - Negotiated rulemaking committee established; agency; duties; Secretary of State; duties.
84-928 - Negotiated rulemaking committee; membership; procedure.
84-929 - Negotiated rulemaking committee; powers and duties; consensus; procedure; report; contents.
84-930 - Facilitator; selection; duties.
84-932 - Agency action; judicial review; limitation; negotiated rule; judicial review; treatment.
84-934 - Definitions, where found.
84-935 - Government certification, defined.
84-936 - Lawful occupation, defined.
84-937 - Least restrictive regulation, defined.
84-938 - Occupational board, defined.
84-939 - Occupational license, defined.
84-940 - Occupational regulation, defined.
84-941 - Personal qualifications, defined.
84-942 - Private certification, defined.
84-944 - Registration, defined.
84-945 - Use of terms certification, certified, registration, and registered; how construed.
84-948 - Standing committee of Legislature; duties; report; contents.
84-1002 - Basic workweek; state institutions; hours required.
84-1003 - Basic workweek; staggering of hours.
84-1004 - Basic workweek; authority of Governor; time when effective.
84-1005 - Basic workweek; persons excepted.
84-1102 - Declaration of policy.
84-1104 - Sections; applicability.
84-1105 - Sections; provisions, when invoked.
84-1106 - Officers; alternates; appointment; qualifications.
84-1107 - Officers; alternate; notice of appointment.
84-1108 - Officers; alternate; oath.
84-1109 - Officers; alternate; appointment to only one office.
84-1110 - Officers; alternate; changing appointment; duty to be informed.
84-1111 - Officers; alternate; assumption of duties; length of service.
84-1112 - Officers; alternates; termination.
84-1113 - Officers; alternates; no compensation; acting officer; compensation.
84-1114 - Officers; alternate; acting officer; title.
84-1115 - Officers; alternates; assumption of power; disputes; how settled.
84-1116 - Officers; alternates; acting officer; acts; validity.
84-1203 - Secretary of State; State Records Administrator; duties.
84-1204 - State Records Board; established; members; duties; meetings; expenses.
84-1205 - Board; network manager; duties.
84-1205.02 - Board; establish fees.
84-1206 - Administrator; duties; powers.
84-1207 - State or local agency head; duties.
84-1207.01 - Agency head; designate records officer; duties.
84-1208 - Administrator; preservation duplicates of essential records; process used; exception.
84-1209 - Administrator; storage of records and preservation duplicates; charges.
84-1210 - Administrator; records; maintain; temporary removal; inspection; copies certified.
84-1211 - Records; confidential; protection.
84-1212 - Program for selection and preservation of essential records; review, periodically.
84-1213.01 - Records; violation; prosecute.
84-1214 - State agency; disposition of records; procedure.
84-1214.01 - State Archives; authority; duties.
84-1215 - Nonrecord material; destruction; procedure; personal and political papers; preservation.
84-1216 - Administrator; rules and regulations; promulgate.
84-1217 - State and local agencies; preservation of records; administrator; advise.
84-1219 - Administrator; biennial report; copies; furnish.
84-1222 - Purchase of microfilm system or equipment; approval; property of administrator.
84-1224 - Administrator; microfilm; micrographic equipment; powers.
84-1225 - Administrator; micropublishing and computer output microfilm services; charges.
84-1227 - Records Management Cash Fund; created; use; investment.
84-1228 - Electronic record constituting permanent record; requirements.
84-1229 - Electronic records; authorized.
84-1305 - Retirement board; powers and duties.
84-1305.01 - Records; employer education program.
84-1309.01 - Board; provide benefit liability information; verify investments.
84-1309.02 - Cash balance benefit; election; effect; administrative services agreements; authorized.
84-1310 - Defined contribution benefit; employee account.
84-1311 - Defined contribution benefit; employer account; investment.
84-1312 - Direct rollover; terms, defined; distributee; powers; board; powers.
84-1313 - Retirement system; accept payments and rollovers; limitations; board; powers.
84-1313.01 - Retirement system; accept transfers; limitations; how treated.
84-1313.02 - Retirement system; transfer eligible rollover distribution; conditions.
84-1315 - Auditor of Public Accounts; annual audit of retirement system; annual report.
84-1315.01 - Transferred to section 84-1507.
84-1316 - Retirement system; sue and be sued; actions; representation by Attorney General.
84-1318 - Employees; benefits; retirement value; how computed.
84-1319.01 - State Equal Retirement Benefit Fund; created; use; investment.
84-1322 - Employees; reemployment; status; how treated; reinstatement; repay amount received.
84-1323.01 - Employee; retirement; disability; medical examination; waiver.
84-1323.02 - Beneficiary designation; order of priority.
84-1324 - Retirement benefits; exemption from legal process; exception.
84-1325 - Employees; military service; credit; payments.
84-1326 - Retirement system; membership status; not lost while employment continues.
84-1326.03 - Transferred to section 81-1328.02.
84-1326.04 - Transferred to section 81-1328.03.
84-1328 - Retirement benefits; declared additional to benefits under federal Social Security Act.
84-1329 - Limitation of actions.
84-1329.01 - Transferred to section 84-1504.
84-1329.02 - Transferred to section 84-1505.
84-1329.03 - Transferred to section 84-1506.
84-1329.04 - Retirement system contributions, property, and rights; how treated.
84-1329.05 - Termination of system or contributions; effect.
84-1330 - Elected officials and employees having regular term; act, when operative.
84-1408 - Declaration of intent; meetings open to public.
84-1412 - Meetings of public body; rights of public; public body; powers and duties.
84-1415 - Open Meetings Act; requirements; waiver; validity of action.
84-1502 - Board; chairperson; secretary; election; meetings; compensation; expenses.
84-1503 - Board; duties; director; duties.
84-1503.02 - Board; duties and responsibilities.
84-1503.03 - Director; employ personnel; employees; duties.
84-1503.04 - Internal auditor; duties and responsibilities.
84-1504 - Deferred compensation; treatment; participation; requirements.
84-1505 - Deferred compensation; treatment; investment.
84-1506.01 - Deferred Compensation Expense Fund; created; use; investment.
84-1509 - Administrative services agreement; authorized.
84-1510 - Administrative services agreement; terms.
84-1512 - Board; access to records; director; duties; employer education program.
84-1513 - Board; members; personal liability.
84-1601 - Program; established; coverage; employees of the Nebraska State Patrol; optional coverage.
84-1602 - Program; administration.
84-1603 - Selection of insurance carrier; powers and duties.
84-1604.01 - Certain blind persons; eligibility.
84-1605 - Contract for insurance.
84-1606 - Optional health insurance coverage; authorized.
84-1607 - Life insurance contract; extension of special benefits; payment.
84-1608 - Health insurance contract; extension of special benefits; payment.
84-1609 - Special coverages; availability.
84-1610 - Supplemental coverage; restrictions; right to purchase.
84-1612 - Contributions by employees; payroll deductions.
84-1613 - State Employees Insurance Fund; created; use; investment.
84-1614 - Program; applicability of law.
84-1615 - Coverage; when provided.
84-1616 - Health and Life Benefit Administration Cash Fund; created; use; investment.
84-1617 - Personnel division of the Department of Administrative Services; report.
84-1620 - Direct Primary Care Pilot Program; established.
84-1623 - Plan administrator; duties.
84-1624 - Direct provider; participation requirements; monthly payment.
84-1625 - Care quality and patient satisfaction measurements.