New legislative oversight division created

Lawmakers gave final approval May 30 to creation of a new division within the Nebraska Legislature and reorganization of the institution’s oversight functions.

Currently, there are five divisions that carry out the institutional and administrative functions of the Nebraska Legislature, including the Office of the Public Counsel. That division includes the Office of Inspector General of Nebraska Child Welfare and the Office of Inspector General of the Nebraska Correctional System.

LB298, introduced by Sen. John Arch of La Vista, creates the Division of Legislative Oversight and moves the Legislative Audit Office, OIG for child welfare and OIG for corrections under the new division.

The bill also creates the Legislative Oversight Committee, which replaces the existing Performance Audit Committee. Members will consist of the speaker of the Legislature, chairperson of the Executive Board, chairpersons of the Appropriations, Health and Human Services and Judiciary committees and four state senators appointed by the Executive Board.

LB298 also makes a number of changes to how the inspectors general obtain information, including:
• updating and clarifying subpoena authority;
• removing mandatory direct computer access for IG staff;
• clarifying that information is to be provided to IGs in the most efficient, timely and least burdensome manner;
• clarifying that IGs will suspend an investigation at the request of a law enforcement agency;
• requiring that the IGs be notified as soon as practicable when a criminal investigation involving a death or serious injury required to be reported to the IG has commenced and concluded;
• providing that any confidential information or records shared with the Division of Legislative Oversight, Ombudsman’s Office or the IGs remain confidential; and
• creating a process by which the executive and judicial branches may object to production or disclosure of legally privileged records, reports or documents and negotiate terms of production and disclosure.

The measure also includes the provisions of Adams Sen. Myron Dorn’s LB228, which makes several technical changes to the Performance Audit Act.

LB298 passed on a 46-2 vote and takes effect immediately.