81-5,209. Transfer of duties and functions to State Fire Marshal; effect on property, contracts, rules and regulations, proceedings, and employment.

(1) Effective July 1, 2019, all duties and functions of the Department of Labor under the Nebraska Amusement Ride Act shall be transferred to the State Fire Marshal.

(2) On July 1, 2019, all items of property, real and personal, including office furniture and fixtures, books, documents, and records of the Department of Labor pertaining to the duties and functions transferred to the State Fire Marshal pursuant to this section shall become the property of the State Fire Marshal.

(3) On and after July 1, 2019, whenever the Department of Labor is referred to or designated by any contract or other document in connection with the duties and functions transferred to the State Fire Marshal pursuant to this section, such reference or designation shall apply to the State Fire Marshal. All contracts entered into by the Department of Labor prior to July 1, 2019, in connection with the duties and functions transferred to the State Fire Marshal are hereby recognized, with the State Fire Marshal succeeding to all rights and obligations under such contracts.

(4) All rules and regulations of the Department of Labor adopted prior to July 1, 2019, in connection with the duties and functions transferred to the State Fire Marshal pursuant to this section shall continue to be effective until revised, amended, repealed, or nullified pursuant to law.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, 2019, or which could have been commenced prior to that date, by or against the Department of Labor, or any employee thereof in such employee's 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 Department of Labor to the State Fire Marshal.

(6) On and after July 1, 2019, positions of employment in the Department of Labor related to the duties and functions transferred pursuant to this section are transferred to the State Fire Marshal. The affected employees 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 State Fire Marshal 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.

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