Bill Summary – FastDemocracy

LB41                                                                       LB41
                                                                     2023
                               LEGISLATURE OF NEBRASKA
                         ONE HUNDRED EIGHTH LEGISLATURE
                                   FIRST SESSION
                       LEGISLATIVE BILL 41
       Introduced by Hansen, B., 16.
       Read first time January 05, 2023
       Committee: Government, Military and Veterans Affairs
  A BILL FOR AN ACT relating to the Administrative Procedure Act; to amend
      section 84-920, Revised Statutes Cumulative Supplement, 2022; to
       prohibit state agencies from imposing annual filing and reporting
       requirements on charitable organizations as prescribed; to state
      intent; to define a term; to harmonize provisions; and to repeal the
      original section.
   Be it enacted by the people of the State of Nebraska,
                                          -1-
LB41                                                                                           LB41
                                                                                         2023
      Section 1.       (1) The Legislature finds that this section is necessary
  to minimize burdens on the charitable sector and encourage a grantmaking
   environment that is free and independent from intrusive or politically
   motivated regulation.
       (2) For purposes of this section:
       (a)    Agency means each board,     commission,      department,     officer,
   division, or other administrative office or unit of the state government
   authorized by law to make rules and regulations, except the Adjutant
   General's office as provided in Chapter 55, the Legislature, the courts,
   including the Nebraska Workers' Compensation Court, and the Commission of
   Industrial Relations; and
       (b) Agency includes the Secretary of State and the Attorney General.
       (3) Absent the showing of a compelling state interest, an agency
   shall not require any annual filing or    reporting by   a charitable
   organization, whether regulated or specifically exempted from regulation,
  that is more burdensome than any requirements authorized by state law.
   Any such filing or reporting requirement shall be narrowly tailored to
   achieve such compelling state interest.
       (4) This section shall not be construed to limit or restrict the
   powers, duties, remedies, or penalties available to the Attorney General
   or Secretary of State under statute or common law, including, but not
   limited to, issuance of a civil investigative demand or subpoena.
      Sec.      2.   Section    84-920,    Revised Statutes Cumulative Supplement,
  2022, is amended to read:
       84-920 Sections 84-901 to 84-920 and section 1 of this act and the
   Occupational Board Reform Act shall be known and may be cited as the
   Administrative Procedure Act.
       Sec.      3.     Original section    84-920,       Revised Statutes Cumulative
   Supplement, 2022, is repealed.
                                                 -2-
Statutes affected: 
Introduced: 84-920