2016 Nebraska Revised Statutes
Chapter 81 - STATE ADMINISTRATIVE DEPARTMENTS
81-3712 Travel and Tourism Division of Department of Economic Development; transition of employees, property, rules, regulations, and orders; suit, action, or proceeding; how treated.

81-3712. Travel and Tourism Division of Department of Economic Development; transition of employees, property, rules, regulations, and orders; suit, action, or proceeding; how treated.

(1) For purposes of transition, employees of the Travel and Tourism Division of the Department of Economic Development shall be considered employees of the commission and shall retain their rights under the state personnel system or pertinent bargaining agreement, and their service shall be deemed continuous. This section does not grant employees any new rights or benefits not otherwise provided by law or bargaining agreement or preclude the commission from exercising any of the prerogatives of management set forth in section 81-1311 or as otherwise provided by law. This section is not an amendment to or substitute for the provisions of any existing bargaining agreements.

(2) All items of property, real and personal, including office furniture and fixtures, books, documents, and records of the Travel and Tourism Division of the Department of Economic Development shall become the property of the commission.

(3) Whenever the Travel and Tourism Division of the Department of Economic Development is referred to or designated by any contract or other document, such reference or designation shall apply to the commission. All contracts entered into by the division prior to July 1, 2012, are hereby recognized, with the commission succeeding to all rights and obligations under such contracts. Any cash funds, custodial funds, gifts, trusts, grants, and any appropriations of funds from prior fiscal years available to satisfy obligations incurred under such contracts shall be transferred and appropriated to the commission for the payment of such obligations. All licenses, certificates, registrations, permits, seals, or other forms of approval issued by the division shall remain valid as issued unless revoked or their effectiveness is otherwise terminated as provided by law. All documents and records transferred, or copies of such documents and records, may be authenticated or certified by the commission for all legal purposes.

(4) All rules, regulations, and orders of the Department of Economic Development adopted prior to July 1, 2012, shall continue to be effective until revised, amended, repealed, or nullified pursuant to law.

(5) No suit, action, or other proceeding, judicial or administrative, lawfully commenced prior to July 1, 2012, or which could have been commenced prior to that date, by or against the division or any employee thereof in his or her official capacity or in relation to the discharge of his or her official duties, shall abate by reason of the transfer of duties and functions from the division to the commission.

(6) On and after July 1, 2012, unless otherwise specified, whenever any provision of law refers to the division, the law shall be construed as referring to the commission.

Source

• Laws 2012, LB1053, § 12.