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LEGISLATIVE BILL 1329
Approved by the Governor April 16, 2024
Introduced by Murman, 38; Brewer, 43; Ballard, 21.
A BILL FOR AN ACT relating to education; to amend sections 32-543, 32-811,
79-201, 79-205, 79-206, 79-207, 79-210, 79-2,141, 79-2,145, 79-474,
79-475, 79-520, 79-534, 79-549, 79-555, 79-589, 79-590, 79-5,105,
79-5,106, 79-1093, 79-1107, and 79-1108.03, Reissue Revised Statutes of
Nebraska, sections 28-1204.04, 32-405, 32-618, 79-102, 79-104, 79-209,
79-234, 79-237, 79-407, 79-413, 79-451, 79-458, 79-470, 79-473, 79-499,
79-4,108, 79-4,129, 79-501, 79-524, 79-525, 79-526, 79-547, 79-550,
79-554, 79-559, 79-564, 79-569, 79-570, 79-572, 79-576, 79-577, 79-578,
79-579, 79-580, 79-581, 79-586, 79-587, 79-588, 79-594, 79-5,104, 79-611,
79-810, 79-813, 79-8,150, 79-1045, 79-1084, 79-10,110.02, 79-10,114,
79-10,117, 79-10,118, 79-10,141, 79-1108.02, 79-11,159, 79-3105, 85-3002,
85-3003, 85-3004, 85-3005, and 85-3006, Revised Statutes Cumulative Supplement, 2022, and sections 28-1201, 28-1202.01, 79-101, 79-238,
79-239, 79-262.01, 79-2,146, 79-729, 79-8,145.01, 79-1054, 79-10,150,
79-3501, 79-3602, 79-3603, and 79-3703, Revised Statutes Supplement, 2023;
to define and redefine terms; to change provisions relating to carrying a concealed handgun, possession of a firearm in certain school environments,
the classification of school districts, excessive absenteeism and truancy,
the enrollment option program, issuance and eligibility for certificates,
permits, and endorsements issued by the Commissioner of Education, high school graduation requirements, student loan repayment assistance,
innovation and improvement grant programs, the Summer Food Service Program, special education expenditures, programs for learners with high ability, behavioral health points of contact, state lottery funds used for education, behavioral awareness training, the College Pathway Program, and certain tax levy and bonding authority of school districts; to change requirements relating to certain training as prescribed; to provide for grants for public and private schools to provide emergency response mapping data to public safety agencies; to create the School Emergency Response Mapping Fund; to prohibit the use of certain maps in schools; to prohibit schools from taking certain debt collection actions relating to
student meals; to eliminate an innovation grant program established by the department and a mental health first aid training program; to change provisions of the Nebraska Career Scholarship Act relating to
scholarships, eligible programs of study, reports, and powers and duties;
to harmonize provisions; to repeal the original sections; and to outright repeal section 79-11,160, Revised Statutes Supplement, 2023.
Be it enacted by the people of the State of Nebraska,
Section 1. Section 28-1201, Revised Statutes Supplement, 2023, is amended to read:
28-1201 For purposes of sections 28-1201 to 28-1212.04, unless the context otherwise requires:
(1) Case means (a) a hard-sided or soft-sided box, container, or receptacle intended or designed for the primary purpose of storing or
transporting a firearm or (b) the firearm manufacturer's original packaging.
This definition does not apply to section 28-1204.04;
(2) Concealed handgun means a handgun that is entirely obscured from view.
If any part of the handgun is capable of being seen or observed by another person, it is not a concealed handgun;
(3) Firearm means any weapon which is designed to or may readily be
converted to expel any projectile by the action of an explosive or frame or
receiver of any such weapon;
(4) Fugitive from justice means any person who has fled or is fleeing from any peace officer to avoid prosecution or incarceration for a felony;
(5) Handgun means any firearm with a barrel less than sixteen inches in
length or any firearm designed to be held and fired by the use of a single hand;
(6) Home school means a school which: (a) Elects pursuant to section
79-1601 not to meet accreditation or approval requirements; and (b) is located in a personal residence;
(7) (6) Juvenile means any person under the age of eighteen years;
(8) (7) Knife means:
(a) Any dagger, dirk, knife, or stiletto with a blade over three and one-
half inches in length and which, in the manner it is used or intended to be used, is capable of producing death or serious bodily injury; or
(b) Any other dangerous instrument which is capable of inflicting cutting,
stabbing, or tearing wounds and which, in the manner it is used or intended to
be used, is capable of producing death or serious bodily injury;
(9) (8) Knuckles and brass or iron knuckles means any instrument that consists of finger rings or guards made of a hard substance and that is
designed, made, or adapted for the purpose of inflicting serious bodily injury or death by striking a person with a fist enclosed in the knuckles;
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(10) (9) Machine gun means any firearm, whatever its size and usual designation, that shoots automatically more than one shot, without manual reloading, by a single function of the trigger;
(11)(a) (10)(a) Minor means a person who is under twenty-one years of age.
(b) Minor does not include a person who is eighteen years of age or older if the person is (i) a member of the armed forces of the United States, active or reserve, National Guard of this state, or Reserve Officers' Training Corps or (ii) a peace officer or other duly authorized law enforcement officer;
(12)(a) (11)(a) Prohibited person means:
(i) A person prohibited from possessing a firearm or ammunition by state law, including, but not limited to, section 28-1206; or
(ii) A person prohibited from possessing a firearm or ammunition by 18
U.S.C. 922(d) or (g), as such section existed on January 1, 2023.
(b) This definition does not apply to the use of the term prohibited person in section 28-1206;
(13) (12) Qualified law enforcement officer and qualified retired law enforcement officer have the same meanings as in 18 U.S.C. 926B and 926C,
respectively, as such sections existed on January 1, 2023;
(14)(a) (13) School means a public, private, denominational, or parochial elementary, vocational, or secondary school, a private postsecondary career school as defined in section 85-1603, a community college, a public or private college, a junior college, or a university. ;
(b) School does not include a home school;
(15) (14) Short rifle means a rifle having a barrel less than sixteen inches long or an overall length of less than twenty-six inches; and
(16) (15) Short shotgun means a shotgun having a barrel or barrels less than eighteen inches long or an overall length of less than twenty-six inches.
Sec. 2. Section 28-1202.01, Revised Statutes Supplement, 2023, is amended to read:
28-1202.01 (1) Except as otherwise provided in this section and section
28-1204.04, a person, other than a minor or a prohibited person, may carry a concealed handgun anywhere in Nebraska, with or without a permit under the Concealed Handgun Permit Act.
(2) Except as provided in subsection (10) of this section, a person shall not carry a concealed handgun into or onto any place or premises where the person, persons, entity, or entities in control of the place or premises or
employer in control of the place or premises has prohibited the carrying of
concealed handguns into or onto the place or premises.
(3) Except as provided in subsection (10) of this section, a person shall not carry a concealed handgun into or onto any: Police, sheriff, or Nebraska State Patrol station or office; detention facility, prison, or jail; courtroom or building which contains a courtroom; polling place during a bona fide election; meeting of the governing body of a county, public school district,
municipality, or other political subdivision; meeting of the Legislature or a committee of the Legislature; financial institution; professional or
semiprofessional athletic event; building, grounds, vehicle, or sponsored activity or athletic event of any school; public, private, denominational, or parochial elementary, vocational, or secondary school, a private postsecondary career school as defined in section 85-1603, a community college, or a public or private college, junior college, or university; place of worship; hospital,
emergency room, or trauma center; political rally or fundraiser; establishment having a license issued under the Nebraska Liquor Control Act that derives over one-half of its total income from the sale of alcoholic liquor; place where the possession or carrying of a firearm is prohibited by state or federal law; or any other place or premises where handguns are prohibited by state law.
(4)(a) A financial institution may authorize its security personnel to
carry concealed handguns in the financial institution while on duty so long as
each member of the security personnel, as authorized, is not otherwise prohibited by state law from possessing or carrying a concealed handgun and is
in compliance with sections 28-1202.02 to 28-1202.04.
(b) A place of worship may authorize its security personnel to carry concealed handguns on its property if:
(i) Each member of the security personnel, as authorized, is not otherwise prohibited by state law from possessing or carrying a concealed handgun and is
in compliance with sections 28-1202.02 to 28-1202.04;
(ii) Written notice is given to the congregation; and
(iii) For leased property, the carrying of concealed handguns on the property does not violate the terms of any real property lease agreement between the place of worship and the lessor.
(5) If a person, persons, entity, or entities in control of the place or
premises or an employer in control of the place or premises prohibits the carrying of concealed handguns into or onto the place or premises and such place or premises are open to the public, a person does not violate this section unless the person, persons, entity, or entities in control of the place or premises or employer in control of the place or premises has posted conspicuous notice that carrying a concealed handgun is prohibited in or on the place or premises or has made a request, directly or through an authorized representative or management personnel, that the person remove the concealed handgun from the place or premises.
(6) A person carrying a concealed handgun in a vehicle or on his or her person while riding in or on a vehicle into or onto any parking area, which is
open to the public, used by any location listed in subsection (2) or (3) of this section, does not violate this section if, prior to exiting the vehicle,
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the handgun is locked inside the glove box, trunk, or other compartment of the vehicle, a storage box securely attached to the vehicle, or, if the vehicle is
a motorcycle, other than an autocycle, a hardened compartment securely attached to the motorcycle. This subsection does not apply to any parking area used by
such location when the carrying of a concealed handgun into or onto such parking area is prohibited by federal law.
(7) An employer may prohibit employees or other persons from carrying concealed handguns in vehicles owned by the employer.
(8) A violation of this section is a Class III misdemeanor for a first offense and a Class I misdemeanor for any second or subsequent offense.
(9)(a) Except as provided in subdivision (9)(b) of this section, it is an affirmative defense to a violation of subsection (3) of this section that the defendant was engaged in any lawful business, calling, or employment at the time the defendant was carrying a concealed handgun and the circumstances in
which the defendant was placed at the time were such as to justify a prudent person in carrying a concealed handgun for the defense of his or her person,
property, or family.
(b) The affirmative defense provided for in this subsection:
(i) Does not prevent a prosecution for a violation of section 28-1204.04;
and
(ii) Is not available if the defendant refuses to remove the concealed handgun from the place or premises after a person in control of the place or
premises has made a request, directly or through an authorized representative or management personnel, that the defendant remove the concealed handgun from the place or premises.
(10) Subsections (2) and (3) of this section do not apply to a qualified law enforcement officer or qualified retired law enforcement officer carrying a concealed handgun pursuant to 18 U.S.C. 926B or 926C, respectively, as such sections existed on January 1, 2023.
(11) Action taken in compliance with section 28-1204.04 shall not be a violation of this section.
Sec. 3. Section 28-1204.04, Revised Statutes Cumulative Supplement, 2022,
is amended to read:
28-1204.04 (1) Any person who possesses a firearm in a school, on school grounds, in a school-owned vehicle, or at a school-sponsored activity or
athletic event is guilty of the offense of unlawful possession of a firearm at
a school. Unlawful possession of a firearm at a school is a Class IV felony.
(2) Subsection (1) of this section does This subsection shall not apply to:
(a) The the issuance of firearms to or possession by members of the armed forces of the United States, active or reserve, National Guard of this state,
or Reserve Officers' Officers Training Corps or peace officers or other duly authorized law enforcement officers when on duty or training; ,
(b) The the possession of firearms by peace officers or other duly authorized law enforcement officers;
(c) The carrying of firearms by qualified law enforcement officers or
qualified retired law enforcement officers carrying pursuant to 18 U.S.C. 926B
or 926C, respectively, as such sections existed on January 1, 2023;
(d) Possession of a firearm by a person who is employed or when contracted by a school to provide school security or school event control services pursuant to a written policy adopted by such school that complies with subdivision (3)(a) of this section. This subdivision does not apply to a public elementary or secondary school in a Class III, IV, or V school district as
defined in section 79-102; , (c)
(e) Firearms firearms which may lawfully be possessed by the person receiving instruction, for instruction under the immediate supervision of an adult instructor; ,
(f) Firearms (d) firearms which may lawfully be possessed by a member of a college or university firearm team, to include rifle, pistol, and shotgun disciplines, within the scope of such person's duties as a member of the team; ,
(g) Firearms (e) firearms which may lawfully be possessed by a person employed by a college or university in this state as part of an agriculture or
a natural resources program of such college or university, within the scope of
such person's employment; ,
(h) Firearms (f) firearms contained within a private vehicle operated by a nonstudent adult which are not loaded and (i) are enclosed in a case encased or
(ii) are in a locked firearm rack that is on a motor vehicle; ,
(i) Firearms (g) firearms which may lawfully be possessed by a person for the purpose of using them, with the approval of the school, in a historical reenactment, in a hunter education program, or as part of an honor guard; , or
(j) A (h) a handgun carried as a concealed handgun by a person other than
a minor or prohibited person valid holder of a permit issued under the Concealed Handgun Permit Act in a vehicle or on his or her person while riding in or on a vehicle into or onto any parking area, which is open to the public and used by a school if, prior to exiting the vehicle, the handgun is locked inside the glove box, trunk, or other compartment of the vehicle, a storage box securely attached to the vehicle, or, if the vehicle is a motorcycle, other than an autocycle, a hardened compartment securely attached to the motorcycle while the vehicle is in or on such parking area, except as prohibited by
federal law. For purposes of this subsection, encased means enclosed in a case that is expressly made for the purpose of containing a firearm and that is
completely zipped, snapped, buckled, tied, or otherwise fastened with no part
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of the firearm exposed.
(3)(a) A school board or other governing body of a school or school district may authorize the carrying of firearms by authorized security personnel in a school, on school grounds, in a school-owned vehicle, or at a school-sponsored activity or athletic event by adopting a written policy governing such conduct. Such written policy shall, at a minimum, include requirements for personal qualifications, training, appropriate firearms and ammunition, and appropriate use of force. This subdivision does not apply to a public elementary or secondary school in a Class III, IV, or V school district as defined in section 79-102.
(b) The State Board of Education shall, in consultation with the Nebraska State Patrol, develop a model policy relating to the authorization of the carrying of firearms by authorized security personnel as described in
subdivision (3)(a) of this section. The policy shall include, but need not be
limited to, the appropriate number of training hours required of such security personnel.
(4) (2) Any firearm possessed in violation of subsection (1) of this section shall be confiscated without warrant by a peace officer or may be
confiscated without warrant by school administrative or teaching personnel. Any firearm confiscated by school administrative or teaching personnel shall be
delivered to a peace officer as soon as practicable.
(5) (3) Any firearm confiscated by or given to a peace officer pursuant to
subsection (4) (2) of this section shall be declared a common nuisance and shall be held by the peace officer prior to his or her delivery of the firearm to the property division of the law enforcement agency which employs the peace officer. The property division of such law enforcement agency shall hold