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LEGISLATIVE BILL 16
Approved by the Governor March 5, 2024
Introduced by Conrad, 46; Briese, 41; Sanders, 45; Brewer, 43; Murman, 38;
McDonnell, 5; Holdcroft, 36; Dungan, 26; Kauth, 31; Fredrickson,
20; Vargas, 7; Lippincott, 34; Wayne, 13.
A BILL FOR AN ACT relating to occupational regulation; to amend sections
81-2103, 81-2120, and 84-617, Reissue Revised Statutes of Nebraska, and sections 84-933, 84-934, 84-940, and 84-947, Revised Statutes Cumulative Supplement, 2022; to change requirements for membership of the State Electrical Board; to provide powers and duties for the State Electrical Board; to provide for an additional use of the State Treasurer Administrative Fund; to define and redefine terms; to provide for federal preemption; to provide for applicability of provisions; to require occupational boards to make a determination regarding an applicant with a criminal conviction; to require occupational boards to issue an
occupational license or government certification based on a credential,
private certification, or work experience in another state or in the United States Military; to provide for jurisprudential examinations and appeals; to change provisions relating to preliminary applications by
individuals with a criminal conviction; to adopt the Interior Design Voluntary Registration Act; to harmonize provisions; and to repeal the original sections.
Be it enacted by the people of the State of Nebraska,
Section 1. Section 81-2103, Reissue Revised Statutes of Nebraska, is amended to read:
81-2103 (1) There is hereby established an independent agency to be known as the State Electrical Division which shall be under the administrative and operative control of the executive director of such division. The division shall include a seven-member State Electrical Board appointed by the Governor with the consent of the Legislature. All members of the board shall be
residents of the State of Nebraska. The board shall direct the efforts of the executive director and set the policy of the division. The members of the board shall be (a) two One of such members shall be a journeyman electricians, one of
which shall be appointed in accordance with subsection (2) of this section electrician, (b) one shall be an electrical contractor or master electrician who shall be appointed in accordance with subsection (3) of this section, (c)
one shall be a certified electrical inspector, (d) one shall be a licensed professional electrical engineer, (e) one shall be a representative of a public power district or rural electric cooperative in the state, (f) one shall be a representative of the municipal electric systems in the state, and (g) except as provided in subsection (2) of this section, one shall be a member of any of
such groups. The members of the board shall be appointed for staggered terms of
five years. Any vacancy occurring in the membership of the board shall be
filled by the Governor for the unexpired term. Each member of the board shall serve until a his or her successor is appointed and qualified. The executive director shall be the executive secretary of the board and shall be responsible for all books, records, and transcripts of proceedings of the board.
(2) At the expiration of the term of the member serving under subdivision
(1)(g) of this section as the member of any such groups on the effective date of this act, such member shall be one of the two journeyman electrician members, shall be affiliated with a nonprofit labor organization for electrical workers holding a certificate of exemption under section 501(c)(5) of the Internal Revenue Code, and shall be selected from a list of journeyman electricians recommended by such organization.
(3) At the expiration of the term of the electrical contractor or master electrician member serving under subdivision (1)(b) of this section on the effective date of this act, the electrical contractor or master electrician member shall be affiliated with a nonprofit labor organization for electrical workers holding a certificate of exemption under section 501(c)(5) of the Internal Revenue Code and shall be selected from a list of electrical contractors or master electricians recommended by such organization.
Sec. 2. Section 81-2120, Reissue Revised Statutes of Nebraska, is amended to read:
81-2120 (1) To the extent that any other state which provides for the licensing of electricians provides for similar action, the board may grant licenses, without examination, of the same grade and class to an electrician who has been licensed by such other state for at least one year, upon payment by the applicant of the required fee, and upon the board being furnished with proof that the qualifications of the applicant are equal to the qualifications of holders of similar licenses in Nebraska.
(2)(a) Subject to subdivision (b) of this subsection, the board shall issue a license to an individual upon application if:
(i)(A) The applicant holds (I) a credential in another state that has a reciprocal credentialing agreement with the State of Nebraska for such credential as determined by the board, (II) a military occupational specialty
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in the United States Military as defined in section 7 of this act, or (III) a license with a prerequisite of apprentice registration and successful completion of an apprenticeship training program registered by the United States Department of Labor; and
(B) Such credential, military occupational specialty, or license is for an
occupation with a similar scope of practice, as determined by the board;
(ii) The applicant has held the credential, military occupational specialty, or license for at least one year;
(iii) To obtain such credential, military occupational specialty, or license, the applicant was required to pass an examination or meet education,
training, or experience standards;
(iv) The applicant does not have a disqualifying criminal record as
determined by the board;
(v) The applicant's credential, military occupational specialty, or license has not been revoked because of negligence or intentional misconduct related to the applicant's work in the occupation;
(vi) The applicant has not surrendered a credential, military occupational specialty, or license because of negligence or intentional misconduct related to the applicant's work in the occupation in any state, in the United States Military, or in an apprenticeship training program;
(vii) The applicant does not have a complaint, allegation, or investigation pending before a board in any state, the United States Military,
or an apprenticeship training program that relates to unprofessional conduct or
an alleged crime. If such a complaint, allegation, or investigation is pending,
the State Electrical Board shall not issue or deny a license until the complaint, allegation, or investigation is resolved or the applicant otherwise meets the criteria for a license to the satisfaction of the board; and
(viii) The applicant has paid all applicable fees required for issuance of
the license in this state.
(b) Prior to issuance of a license under this subsection, the board may require an applicant to pass a jurisprudential examination specific to relevant state statutes and administrative rules and regulations that regulate the occupation if issuance of such license in this state requires a person to pass such an examination.
(c)(i) Except as otherwise provided in subdivision (ii) of this subdivision, the board shall approve or deny a license under this subsection in
writing within sixty days after receiving a complete application under this subsection or within five business days after the next meeting of the board that is held after receiving a complete application under this subsection,
whichever is sooner.
(ii) The board may delay the approval or denial of a license under this subsection past the deadline prescribed in subdivision (i) of this subdivision if the approval or denial is delayed because of the requirement to complete a criminal background check or a disciplinary history review, but the board shall approve or deny such license in writing within five business days after receiving the results of the background check and the disciplinary history review or within five business days after the next meeting of the board after receiving such results, whichever is sooner. The board shall document in
writing each case in which approval or denial of an application is not provided within sixty days after receipt of the complete application.
(d) For a license that has a prerequisite of apprentice registration under the State Electrical Act, the board shall grant credit toward requirements for such license for completion of any portion of an apprenticeship training program registered by the United States Department of Labor.
(e) An applicant may appeal the denial of a license under this subsection.
The appeal shall be in accordance with the Administrative Procedure Act.
(f) A license issued pursuant to this subsection is valid only in this state and does not make the individual eligible to work in another state, in the United States Military, or under an interstate compact or reciprocity agreement unless otherwise provided by law.
Sec. 3. Section 84-617, Reissue Revised Statutes of Nebraska, is amended to read:
84-617 (1) There is hereby created the State Treasurer Administrative Fund. Funds received by the State Treasurer pursuant to his or her administrative duties shall be credited to the fund. Such funds shall include:
(a) Payments for returned check charges or for electronic payments not accepted;
(b) Payments for wire transfers initiated by the State Treasurer at the request of state agencies;
(c) Payments for copies of cashed state warrants;
(d) Payments for copies, including microfilm, computer disk, or magnetic tape, of listings relating to outstanding state warrants; and
(e) Payments for copies, including microfilm, computer disk, or magnetic tape, of listings of owners of unclaimed property held by the State Treasurer pursuant to the Uniform Disposition of Unclaimed Property Act; and .
(f) Payments under the Interior Design Voluntary Registration Act.
(2) Money in the fund received pursuant to subdivisions (1)(a) through (d)
of this section shall be credited to the General Fund quarterly. Money in the State Treasurer Administrative Fund received pursuant to subdivisions subdivision (1)(e) and (f) of this section shall be credited to the Unclaimed Property Cash Fund. The State Treasurer may retain such amount as he or she deems appropriate in the State Treasurer Administrative Fund for purposes of
making change for cash payments. Any money in the fund available for investment
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shall be invested by the state investment officer pursuant to the Nebraska Capital Expansion Act and the Nebraska State Funds Investment Act.
(3) (2) The State Treasurer may establish a fee schedule for any of the services listed in subdivisions (1)(a) through (e) subsection (1) of this section. The fees shall approximate the cost of providing the service.
Sec. 4. Section 84-933, Revised Statutes Cumulative Supplement, 2022, is amended to read:
84-933 Sections 84-933 to 84-948 and sections 6 to 11 of this act shall be
known and may be cited as the Occupational Board Reform Act.
Sec. 5. Section 84-934, Revised Statutes Cumulative Supplement, 2022, is amended to read:
84-934 For purposes of the Occupational Board Reform Act, the definitions in sections 84-935 to 84-944 and sections 6 and 7 of this act apply.
Sec. 6. Potentially disqualifying conviction includes a conviction for:
(1) Criminal attempt as provided in section 28-201, conspiracy as provided in section 28-202, or aiding and abetting as provided in section 28-206, to commit an offense listed in this section;
(2) Murder as provided in sections 28-303 or 28-304;
(3) Manslaughter as provided in section 28-305;
(4) Motor vehicle homicide as provided in section 28-306;
(5) Assault in the first or second degree as provided in sections 28-308
and 28-309;
(6) Terroristic threats as provided in section 28-311.01;
(7) Stalking as provided in section 28-311.03;
(8) Kidnapping as provided in section 28-313;
(9) False imprisonment as provided in sections 28-314 and 28-315;
(10) A sexual act subject to criminal penalties as provided in sections
28-317 to 28-322.05;
(11) Domestic assault as provided in section 28-323;
(12) Robbery as provided in section 28-324;
(13) Arson as provided in sections 28-502, 28-503, and 28-504;
(14) Fraud subject to criminal penalties as provided in sections 28-505,
28-631, 28-638, 28-639, 28-640, and 28-935;
(15) Theft as provided in sections 28-511, 28-512, 28-513, and 28-515;
(16) Forgery as provided in sections 28-602 and 28-603;
(17) Incest as provided in section 28-703;
(18) Child abuse as provided in section 28-707;
(19) Human trafficking, labor trafficking, sex trafficking, labor trafficking of a minor, or sex trafficking of a minor as provided in section
28-831;
(20) False reporting as provided in section 28-907;
(21) Perjury as provided in section 28-915;
(22) Assault on an officer, an emergency responder, certain employees, or
a health care professional in the first degree as provided in section 28-929;
(23) Assault on an officer, an emergency responder, certain employees, or
a health care professional in the second degree as provided in section 28-930;
(24) Assault on an officer, an emergency responder, certain employees, or
a health care professional in the third degree as provided in section 28-931;
(25) Assault on an officer, an emergency responder, certain employees, or
a health care professional using a motor vehicle as provided in section
28-931.01;
(26) An offense that has as an element the threat to inflict serious bodily injury as defined in section 28-109 or death on another person, the intentional infliction of serious bodily injury as defined in section 28-109 on another person, or intentionally causing the death of another person;
(27) An offense for which registration is required under the Sex Offender Registration Act; or
(28) Any offense under the laws of another jurisdiction that is
substantially equivalent to any of the offenses listed in this section.
Sec. 7. United States Military means any active duty or reserve duty component of the armed forces of the United States, any state of the United States, or any territory of the United States.
Sec. 8. To the extent that an occupational board or lawful occupation is
also governed by federal law, federal law shall take precedence over the Occupational Board Reform Act. The act shall not be construed to preempt federal law governing lawful occupations in this state.
Sec. 9. Section 84-947 and sections 10 and 11 of this act do not apply to:
(1) An occupation regulated by:
(a) The Supreme Court;
(b) The Department of Banking and Finance;
(c) The Board of Engineers and Architects;
(d) The Board of Geologists;
(e) The Real Property Appraiser Board;
(f) The State Electrical Board;
(g) The Nebraska Commission on Law Enforcement and Criminal Justice; or
(h) The State Real Estate Commission; or
(2) A credential issued for:
(a) A certified public accountant pursuant to the Public Accountancy Act;
(b) An insurance consultant pursuant to sections 44-2606 to 44-2635;
(c) An insurance producer pursuant to the Insurance Producers Licensing Act;
(d) A professional landscape architect pursuant to the Professional
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Landscape Architects Act;
(e) A managing general agent pursuant to the Managing General Agents Act;
(f) A public adjuster pursuant to the Public Adjusters Licensing Act;
(g) A reinsurance intermediary-broker or reinsurance intermediary-manager pursuant to the Reinsurance Intermediary Act;
(h) A surplus lines producer pursuant to the Surplus Lines Insurance Act;
(i) A utilization review agent pursuant to the Utilization Review Act;
(j) A viatical settlement broker pursuant to the Viatical Settlements Act;
or
(k) A physician or osteopathic physician pursuant to the Medicine and Surgery Practice Act.
Sec. 10. (1) An individual who has a criminal conviction under the laws of Nebraska or any other jurisdiction may submit an application to the appropriate occupational board for an occupational license, government certification, or state recognition of the individual's personal qualifications and may include with the application additional information about the individual's circumstances at the time of application, mitigating factors, and other evidence of rehabilitation, including:
(a) The age of the individual when the individual committed the offense;
(b) The time elapsed since the offense;
(c) The circumstances and nature of the offense;
(d) The completion of the criminal sentence;
(e) The completion of, or active participation in, rehabilitative drug or
alcohol treatment or individual counseling;
(f) Testimonials and recommendations, which may include a progress report from the individual's probation or parole officer;
(g) Other evidence of rehabilitation;
(h) Education and training;
(i) Employment history;
(j) Employment aspirations;
(k) Family responsibilities at the time of application;
(l) Whether the individual is required to be bonded in the occupation; and
(m) Any other information the individual deems appropriate.
(2) Upon receipt of an application pursuant to subsection (1) of this section and any applicable fees, the appropriate occupational board shall make
a determination of whether the individual's criminal history disqualifies the individual from obtaining such occupational license, government certification,
or state recognition of the individual's persona