Nebraska Statutes 49-1492.01. Agency, political subdivision,or publicly funded postsecondary educational institution; gifts; reportingrequirements; violations; penalty
(1) Any agency, political subdivision, or publicly funded postsecondary educational institution which gives a gift of an admission to a state-owned facility or a state-sponsored industry or event to a public official, a member of a public official’s staff, or a member of the immediate family of a public official shall report the gift on a form prescribed by the commission.
Attorney's Note
Under the Nebraska Statutes, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| Class III misdemeanor | up to 3 months | up to $500 |
Terms Used In Nebraska Statutes 49-1492.01
- Commission: shall mean the Nebraska Accountability and Disclosure Commission created by section 49-14,105. See Nebraska Statutes 49-1412
- Gift: shall mean a payment, subscription, advance, forbearance, rendering, or deposit of money, services, or anything of value, unless consideration of equal or greater value is given therefor. See Nebraska Statutes 49-1423
- Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
- Immediate family: shall mean a child residing in an individual's household, a spouse of an individual, or an individual claimed by that individual or that individual's spouse as a dependent for federal income tax purposes. See Nebraska Statutes 49-1425
- Person: shall mean a business, individual, proprietorship, firm, partnership, limited liability company, joint venture, syndicate, business trust, labor organization, company, corporation, association, committee, or other organization or group of persons acting jointly. See Nebraska Statutes 49-1438
- Public official: shall mean an official in the executive branch, an official in the legislative branch, or an elected or appointed official in the judicial branch of the state government or a political subdivision thereof. See Nebraska Statutes 49-1443
- State: when applied to different states of the United States shall be construed to extend to and include the District of Columbia and the several territories organized by Congress. See Nebraska Statutes 49-801
(2) The report shall be filed electronically with the Clerk of the Legislature within fifteen days after the end of the calendar quarter in which the gift is given. The report shall include the following:
(a) The identity of the agency, political subdivision, or publicly funded postsecondary educational institution;
(b) A description of the gift;
(c) The value of the gift; and
(d) The name of the recipient of the gift and the following:
(i) If the recipient is an official in the executive or legislative branch of state government, the office held by the official and the branch he or she serves;
(ii) If the recipient is a member of an official’s staff in the executive or legislative branch of state government, his or her job title and the name of the official; or
(iii) If the recipient is a member of the immediate family of an official in the executive or legislative branch of state government, his or her relationship to the official and the name of the official.
(3) For purposes of this section, public official does not include an elected or appointed official of a political subdivision or school board.
(4) Any person who knowingly and intentionally violates this section shall be guilty of a Class III misdemeanor.