Be it enacted by the people of the State of Nebraska,
Section 1. That section 84-901, Revised Statutes Supplement, 1945, be amended to read as follows:
84-901. For the purposes of this act: (1) Agency
means each board, commission, department, officer, division or other administrative office or unit of the state government 1098 authorized by law to make rules, except the courts and the Legislature; (2) rule
means the written statement of any rule, regulation, standard or policy of general application issued by an agency, including the amendment or repeal thereof, and designed to implement, interpret or make specific the law enforced or administered by it, or governining its organization or procedure, but not including regulations concerning the internal management of the agency not affecting private rights or interests; Provided, that for the purpose of this act every rule which shall prescribe a penalty shall be presumed to have general applicability or to affect private rights and interests.
Sec. 2. That Section 84-902, Revised Statutes Supplement, 1945, be amended to read as follows:
84-902. Each agency shall file forthwith in the office of the Secretary of State a certified copy of the rules in force and effect in such agency on the effective date of this act. A certified copy of any rule adopted after the effective date of this act shall be printed, typed or mimeographed on legal size paper, properly indexed and bear the effective date. The Secretary of State shall keep a permanent file of all such rules, which shall be open to public inspection during regular business hours of his office. The Secretary of State, ino rder to maintain and keep such files current, shall be empowered to require new and amended rules to be filed as complete file pages and to remove all superseded pages to a separate file. The Secretary of State shall prescribe regulations for carrying out the provisions of this act to include: (1) Manner of certification of rules filed under this act; (2) form of indexing the file of each agency; (3) method of filing amendments to the rules; (4) manner in which copies shall be made available to the public from the office of the Secretary of State; and (5) the price per copy, unless otherwise specifically provided by statute.
Sec. 3. That section 84-904, Revised Statutes Supplement, 1945, be amended to read as follows:
1099 84-904. Each agency shall file with the Clerk of the Legislature, not more than thirty no less than ten days prior to the commencement of each regular legislative session, a certified copy of the rules of the agency in force and effect at the time of filing, properly indexed in the manner prescribed for filing with the Secretary of State, for the consideration of the Legislature.
Sec. 4. That section 84-905, Revised Statutes Supplement, 1945, be amended to read as follows:
84-905. Each agency shall prepare, compile and print, type or mimeograph a complete certified compilation of all rules duly adopted and in force and effect on the thirtieth day prior to the commencement of the next regular legislative session, and on the same date prior to each regular legislative session thereafter, and shall file same in the office of the Secretary of State, as provided by section 84-902. Such certified compilation, when duly filed, shall supersede all rules previously filed. This shall not be construed as precluding any such agency from making additional compilations as often as it deems it necessary or advisable. Copies shall be made available to all interested persons on request, at a price fixed to cover costs of publication and mailing; Provided, any such agency may furnish the same without charge, in the discretion of the agency, if funds are available.
Sec. 5. The certified copy of each amendment or rule adopted under this act, subsequent to the effective date thereof, shall be submitted to the Attorney General for his consideration, and his approval or disapproval thereof shall be attached to and filed with such amendment or rule in the office of the Secretary of State. Thirty days prior to the next regular legislative session, the Attorney General shall have examined the file of each agency as it appears in the office of the Secretary of State, and shall approve same or file a report with the Clerk of the Legislature in the form of an opinion on each rule which in his opinion fails to meet the requirements of the Constitution and laws of the United States and the State of Nebraska.
Sec. 6. That section 84-906, Revised Statutes Supplement, 1945, be amended to read as follows:
84-906. No rule required under this act to be filed with the Secretary of State shall be valid as against any person until the certified copy of the rule shall hae been so filed; and, unless otherwise specifically provided by law, such filing of any rule shall, except where notice by publication is insufficient in law, be sufficient to give notice of the contents of such rule to any person subject thereto or affected thereby. The filing of any rule as herein provided shall give rise to a rebuttable presumption that it was duly and legally adopted.
Sec. 7. That original sections 84-901, 84-902, 84-904, 84-905 and 84-906, Revised Statutes Supplement, 1945, are repealed.
Approved