reglab/housing_qa huggingface dataset:
NE Code § 81-8,231 (2021)
2021 Nebraska Revised Statutes|Chapter 81 - State Administrative Departments|81-8,231 - Claim under act; insurance coverage; effect.

81-8,231.  Claim under act; insurance coverage; effect.Whenever a claim or suit under the State Tort Claims Act is covered by liability insurance or by group self-insurance provided by a risk management pool, the provisions of the liability insurance policy on defense and settlement of claims or the provisions of the agreement forming the risk management pool and related documents providing for defense and settlement of claims covered under such group self-insurance shall be applicable notwithstanding any inconsistent provisions of the act. The Attorney General and the State Claims Board shall cooperate with the insurance company or risk management pool.Source   Laws 1969, c. 756, § 23, p. 2852;   Laws 1987, LB 398, § 48;   Laws 1988, LB 864, § 42;   Laws 1989, LB 541, § 7.  Cross References  Risk management pool, defined, see section 44-4303.
NE Code § 81-8,232 (2021)
2021 Nebraska Revised Statutes|Chapter 81 - State Administrative Departments|81-8,232 - Action against employee; act or omission of employee.

81-8,232.  Action against employee; act or omission of employee.Nothing in the State Tort Claims Act shall be construed to prevent the state from bringing an action for recovery from an employee of the state when the state has made payment of an award or settlement growing out of the employee's act or omission under the State Tort Claims Act.Source   Laws 1969, c. 756, § 24, p. 2852;   Laws 1988, LB 864, § 43.
NE Code § 81-8,233 (2021)
2021 Nebraska Revised Statutes|Chapter 81 - State Administrative Departments|81-8,233 - Employee; report property damage, injury, or death; cooperation in investigation.

81-8,233.  Employee; report property damage, injury, or death; cooperation in investigation.When any employee is involved in any occurrence involving damage to or loss of property or personal injury or death, such employee as soon as practicable shall report full information on such occurrence to the head of the agency by which he or she is employed. The head of the agency shall furnish immediately all available information on such occurrence to the Risk Manager. All employees shall cooperate fully with the Attorney General in the investigation of all tort claims. Failure to comply with the provisions of this section shall constitute grounds for dismissal from employment.Source   Laws 1969, c. 756, § 25, p. 2852;   Laws 1972, LB 1334, § 8;   Laws 1981, LB 273, § 21.
NE Code § 81-8,234 (2021)
2021 Nebraska Revised Statutes|Chapter 81 - State Administrative Departments|81-8,234 - Skatepark and bicycle motocross park; sign required; warning notice.

81-8,234.  Skatepark and bicycle motocross park; sign required; warning notice.(1) The state shall post and maintain a sign at each skatepark and bicycle motocross park sponsored by the state containing the following warning notice: Under Nebraska law, the state is not liable for an injury to or the death of a participant in recreational activities resulting from the inherent risks of the recreational activities pursuant to section 81-8,219.(2) The absence of a sign shall not give rise to liability on the part of the state.Source Laws 2007, LB564, § 5.
NE Code § 81-8,235 (2021)
2021 Nebraska Revised Statutes|Chapter 81 - State Administrative Departments|81-8,235 - Act, how cited.

81-8,235.  Act, how cited.Sections 81-8,209 to 81-8,235 shall be known and may be cited as the State Tort Claims Act.Source   Laws 1969, c. 756, § 27, p. 2853;   Laws 1984, LB 590, § 3;  Laws 2007, LB564, § 6.
NE Code § 81-8,236 (2021)
2021 Nebraska Revised Statutes|Chapter 81 - State Administrative Departments|81-8,236 - Correctional institution incident; costs of prosecution; claim by county; Risk Manager; powers and duties.

81-8,236.  Correctional institution incident; costs of prosecution; claim by county; Risk Manager; powers and duties.(1) For purposes of this section:(a) Correctional institution incident means an incident in which a crime or crimes are allegedly committed by one or more inmates confined in a state correctional institution;(b) Costs of prosecution includes, but is not limited to, the costs of defense for indigent defendants, including attorney's fees and expert witness fees;(c) Division means the risk management and state claims division of the Department of Administrative Services; and(d) Threshold amount means the amount of property tax revenue raised by a county from a levy of two and one-half cents per one hundred dollars of taxable valuation of property subject to the levy. The threshold amount shall be determined using valuations for the year in which the correctional institution incident occurred.(2) A county may file a claim with the division to recover the costs of prosecution relating to a correctional institution incident that occurs within the county. The county may recover only those costs that exceed the threshold amount for such county.(3) The Risk Manager shall have the power and authority to receive claims, investigate claims, and otherwise carry out the responsibilities of this section. The division shall develop a claim form, publish claim procedures, and determine the supporting information required to perfect a claim.(4) The Risk Manager shall submit claims received under this section to the Legislature in the same manner as provided in the State Miscellaneous Claims Act. The Legislature shall review the claim and make an appropriation for the claim if appropriate.(5) This section shall apply to any correctional institution incident occurring on or after May 1, 2015. Claims described in this section shall have no time bar to recovery.Source Laws 2018, LB861, § 1. Cross References  State Miscellaneous Claims Act, see section 81-8,294.
NE Code § 81-8,237 (2021)
2021 Nebraska Revised Statutes|Chapter 81 - State Administrative Departments|81-8,237 - Transferred to section 81-8,298.

81-8,237.  Transferred to section 81-8,298.
NE Code § 81-8,238 (2021)
2021 Nebraska Revised Statutes|Chapter 81 - State Administrative Departments|81-8,238 - Transferred to section 81-8,299.

81-8,238.  Transferred to section 81-8,299.
NE Code § 81-8,239 (2021)
2021 Nebraska Revised Statutes|Chapter 81 - State Administrative Departments|81-8,239 - Transferred to section 81-8,300.

81-8,239.  Transferred to section 81-8,300.
NE Code § 81-8,239.03 (2021)
2021 Nebraska Revised Statutes|Chapter 81 - State Administrative Departments|81-8,239.03 - Risk Manager; present budget request; contents; deficiency appropriation; procedure; investment.

81-8,239.03.  Risk Manager; present budget request; contents; deficiency appropriation; procedure; investment.The Risk Manager shall present a budget request as provided in subdivision (1) of section 81-1113 for the Risk Management Program which shall separately state the amount requested for the Tort Claims Fund, State Insurance Fund, State Self-Insured Property Fund, State Self-Insured Indemnification Fund, and Workers' Compensation Claims Revolving Fund, and such budget shall be based on the projected needs for such funds. If the Risk Manager does not assess state agencies for any of the funds listed in this section, the amount of expenditures paid from the fund on behalf of any non-general-fund agency shall be separately stated and paid into the funds from an appropriation to such non-general-fund agency. If the amount of money in any of such funds is not sufficient to pay any awards or judgments authorized by sections 48-192 to 48-1,109 or the State Tort Claims Act, the Risk Manager shall immediately advise the Legislature and request an emergency appropriation to satisfy such awards and judgments. Any money in such funds available for investment shall be invested by the state investment officer pursuant to the Nebraska Capital Expansion Act and the Nebraska State Funds Investment Act.Source   Laws 1981, LB 273, § 25;   Laws 1986, LB 811, § 145;   Laws 1988, LB 864, § 57;   Laws 1994, LB 1211, § 5;   Laws 1995, LB 7, § 112;  Laws 2007, LB256, § 9;  Laws 2016, LB1092, § 3.  Cross References   Nebraska Capital Expansion Act, see section 72-1269.  Nebraska State Funds Investment Act, see section 72-1260.  State Tort Claims Act, see section 81-8,235.
NE Code § 81-8,239.04 (2021)
2021 Nebraska Revised Statutes|Chapter 81 - State Administrative Departments|81-8,239.04 - Money or property recovered by state; disposition.

81-8,239.04.  Money or property recovered by state; disposition.All money or property recovered by or returned to the state, including but not limited to dividends, money recovered pursuant to litigation, or the salvage value of damaged property for damages relating to either a liability or property loss for which money from the State Insurance Fund, State Self-Insured Property Fund, State Self-Insured Indemnification Fund, State Self-Insured Liability Fund, Workers' Compensation Claims Revolving Fund, or Tort Claims Fund has been paid, shall be deposited in the respective fund, except that such money or property recovered under the terms of an insurance policy, the premiums for which were paid solely by a cash fund agency and purchased at its request, shall be deposited in the respective cash fund.Source   Laws 1981, LB 273, § 26;   Laws 1986, LB 811, § 146;   Laws 1994, LB 1211, § 6;  Laws 2007, LB256, § 10.
NE Code § 81-8,239.05 (2021)
2021 Nebraska Revised Statutes|Chapter 81 - State Administrative Departments|81-8,239.05 - Indemnification of state officials and employees; when; Attorney General; duties; report.

81-8,239.05.  Indemnification of state officials and employees; when; Attorney General; duties; report.(1) The State of Nebraska shall indemnify its officials and employees and its past officials and employees for money damages and reasonable costs incurred as a result of an act or omission occurring in the course and scope of employment of such official or employee after May 22, 1981. Such official's or employee's right to indemnification shall include the payments of awards, settlements, and associated costs, including appeal bonds and reasonable costs associated with a required appearance before any tribunal.(2) Subsection (1) of this section shall not apply in case of malfeasance in office or willful or wanton neglect of duty. This section shall not be interpreted as an expansion of any state official's or employee's personal liability.(3) The Attorney General shall notify the Risk Manager when an official or employee is being represented by the Attorney General or has engaged competent counsel approved by the Attorney General. The reasonable costs of litigation, including appeal bonds, or the reasonable costs of any appearance before any tribunal shall be paid by the Risk Manager from the State Self-Insured Indemnification Fund.(4) The Attorney General shall file copies of all awards and settlements and any final court approval with the Risk Manager and shall request that the Risk Manager make the required payments, if funds are available, from the State Self-Insured Indemnification Fund, except that any portion of an award or settlement which is for punitive damages may only be paid with the approval of the Legislature. The official or employee may file a claim under the State Miscellaneous Claims Act if payment is not made.(5) The Risk Manager shall report electronically all claims and judgments paid from the State Self-Insured Indemnification Fund to the Clerk of the Legislature annually. The report shall include the name of the claimant, the amount claimed and paid, and a brief description of the claim, including any agency, program, and activity under which the claim arose. Any member of the Legislature may receive an electronic copy of the report by making a request to the Risk Manager.Source   Laws 1981, LB 273, § 27;   Laws 1986, LB 1208, § 3;   Laws 1989, LB 77, § 3;  Laws 2007, LB256, § 11;  Laws 2012, LB782, § 176. Cross References  State Miscellaneous Claims Act, see section 81-8,294.
NE Code § 81-8,239.07 (2021)
2021 Nebraska Revised Statutes|Chapter 81 - State Administrative Departments|81-8,239.07 - Risk Manager; self-insure; risk management services; procure insurance; amount of protection; premium; payments.

81-8,239.07.  Risk Manager; self-insure; risk management services; procure insurance; amount of protection; premium; payments.The Risk Manager, acting as agent for the state agencies, may (1) self-insure and contract for related risk management services, (2) purchase a liability insurance policy or policies, or (3) use any combination of self-insurance and insurance to protect the agencies and their employees and other persons authorized to operate a vehicle by an agency against loss occasioned by negligence in the operation of any trucks, automobiles, snowplows, road graders, or other vehicles. Any such policy shall be purchased by public bidding conducted by the Risk Manager upon terms and forms prepared by him or her and shall have limits for death, bodily injury, and property damage that are the same as would be required by law for a private individual. The premium on the policy or policies shall be paid by the Risk Manager from the State Insurance Fund created in section 81-8,239.02. The Risk Manager shall authorize and administer the payment of self-insured losses and payment for risk management services from the State Insurance Fund, State Self-Insured Property Fund, State Self-Insured Indemnification Fund, or State Self-Insured Liability Fund as appropriate.Source   Laws 1967, c. 379, § 2, p. 1190;   Laws 1969, c. 756, § 32, p. 2854;   Laws 1969, c. 513, § 2, p. 2102;   Laws 1981, LB 273, § 16;   R.S.1943, (1988), § 60-1008;   Laws 1989, LB 326, § 1;  Laws 2007, LB256, § 12. Annotations This section evidences general legislative policy to accept public financial responsibility in area of automobile accidents. Brown v. City of Omaha, 183 Neb. 430, 160 N.W.2d 805 (1968).
NE Code § 81-8,239.08 (2021)
2021 Nebraska Revised Statutes|Chapter 81 - State Administrative Departments|81-8,239.08 - Civil action against provider of medical or dental services; Attorney General; represent; indemnification of provider.

81-8,239.08.  Civil action against provider of medical or dental services; Attorney General; represent; indemnification of provider.Any person who, at the request of the director of a state agency, provides medical or dental services to a person in the custody of the state may be represented by the Attorney General in the same manner as a state officer or employee under sections 81-8,239.05 and 81-8,239.06 in any civil action under the federal Civil Rights Act of 1871, as amended, 42 U.S.C. 1983, which arose as a result of providing such services. A person providing such services shall also be indemnified for liability for violations of civil rights in the same manner as a state officer or employee under section 81-8,239.05.Source  Laws 1992, LB 560, § 1.
NE Code § 81-8,239.09 (2021)
2021 Nebraska Revised Statutes|Chapter 81 - State Administrative Departments|81-8,239.09 - Risk Management Administration Cash Fund; created; use; investment.

81-8,239.09.  Risk Management Administration Cash Fund; created; use; investment.There is hereby created the Risk Management Administration Cash Fund. The fund shall be administered by the Risk Manager. The fund shall consist of miscellaneous fees for services provided by the Risk Manager and shall be used to pay for expenses of the risk management and state claims program.Any money in the fund available for investment shall be invested by the state investment officer pursuant to the Nebraska Capital Expansion Act and the Nebraska State Funds Investment Act.Source   Laws 1994, LB 1211, § 1;   Laws 1995, LB 7, § 113.  Cross References   Nebraska Capital Expansion Act, see section 72-1269.  Nebraska State Funds Investment Act, see section 72-1260.
NE Code § 81-8,239.11 (2021)
2021 Nebraska Revised Statutes|Chapter 81 - State Administrative Departments|81-8,239.11 - Settlements and judgments; state agency; Attorney General; filing required; insufficient funds; Risk Manager; duties.

81-8,239.11.  Settlements and judgments; state agency; Attorney General; filing required; insufficient funds; Risk Manager; duties.A state agency head shall file copies of all settlements, and a state agency head or the Attorney General shall file copies of all final, nonappealable judgments, of all self-insured liability claims with the Risk Manager. If the state agency has insufficient funds to pay the settlement or judgment, the state agency shall notify the Risk Manager. The Risk Manager shall then submit the settlement or judgment to the Legislature in the same manner as provided in the State Miscellaneous Claims Act. The Legislature shall review the settlement or judgment and make an appropriation if appropriate.Source Laws 2007, LB256, § 7. Cross References  State Miscellaneous Claims Act, see section 81-8,294.
NE Code § 81-8,240 (2021)
2021 Nebraska Revised Statutes|Chapter 81 - State Administrative Departments|81-8,240 - Terms, defined.

81-8,240.  Terms, defined.As used in sections 81-8,240 to 81-8,254, unless the context otherwise requires:(1) Administrative agency shall mean any department, board, commission, or other governmental unit, any official, any employee of the State of Nebraska acting or purporting to act by reason of connection with the State of Nebraska, any corporation, partnership, business, firm, governmental entity, or person who is providing health and human services to individuals or service delivery, service coordination, or case management under contract with the State of Nebraska and who is subject to the jurisdiction of the office of Public Counsel as required by section 73-401, any regional behavioral health authority, any community-based behavioral health services provider that contracts with a regional behavioral health authority, and any county or municipal correctional or jail facility and employee thereof acting or purporting to act by reason of connection with the county or municipal correctional or jail facility; but shall not include (a) any court, (b) any member or employee of the Legislature or the Legislative Council, (c) the Governor or his or her personal staff, (d) any political subdivision or entity thereof except a county or municipal correctional or jail facility or a regional behavioral health authority, (e) any instrumentality formed pursuant to an interstate compact and answerable to more than one state, or (f) any entity of the federal government; and(2) Administrative act shall include every action, rule, regulation, order, omission, decision, recommendation, practice, or procedure of an administrative agency.Source   Laws 1969, c. 762, § 1, p. 2879;   Laws 1997, LB 622, § 121;  Laws 2008, LB467, § 1;  Laws 2012, LB821, § 41.
NE Code § 81-8,241 (2021)
2021 Nebraska Revised Statutes|Chapter 81 - State Administrative Departments|81-8,241 - Public Counsel; established; powers and duties; appointment.

81-8,241.  Public Counsel; established; powers and duties; appointment.The office of Public Counsel is hereby established to exercise the authority and perform the duties provided by sections 81-8,240 to 81-8,254, the Office of Inspector General of Nebraska Child Welfare Act, and the Office of Inspector General of the Nebraska Correctional System Act. The Public Counsel shall be appointed by the Legislature, with the vote of two-thirds of the members required for approval of such appointment from nominations submitted by the Executive Board of the Legislative Council.Source   Laws 1969, c. 762, § 2, p. 2879;  Laws 2012, LB821, § 42;  Laws 2015, LB598, § 19.  Cross References   Office of Inspector General of Nebraska Child Welfare Act, see section 43-4301.  Office of Inspector General of the Nebraska Correctional System Act, see section 47-901.
NE Code § 81-8,242 (2021)
2021 Nebraska Revised Statutes|Chapter 81 - State Administrative Departments|81-8,242 - Public Counsel; qualifications.

81-8,242.  Public Counsel; qualifications.The Public Counsel shall be a person well equipped to analyze problems of law, administration, and public policy, and during such person's term of office shall not be actively involved in partisan affairs. No person may serve as Public Counsel within two years of the last day on which such person served as a member of the Legislature, or while such person is a candidate for or holds any other state office, or while such person is engaged in any other occupation for reward or profit.Source   Laws 1969, c. 762, § 3, p. 2879;  Laws 2020, LB1144, § 5.
NE Code § 81-8,243 (2021)
2021 Nebraska Revised Statutes|Chapter 81 - State Administrative Departments|81-8,243 - Public Counsel; term; removal; vacancy; salary.

81-8,243.  Public Counsel; term; removal; vacancy; salary.The Public Counsel shall serve for a term of six years, unless removed by vote of two-thirds of the members of the Legislature upon their determining that the Public Counsel has become incapacitated or has been guilty of neglect of duty or misconduct. If the office of Public Counsel becomes vacant for any cause, the deputy public counsel shall serve as acting public counsel until a Public Counsel has been appointed for a full term. The Public Counsel shall receive such salary as is set by the Executive Board of the Legislative Council.Source   Laws 1969, c. 762, § 4, p. 2880;  Laws 2020, LB1144, § 6.
NE Code § 81-8,246 (2021)
2021 Nebraska Revised Statutes|Chapter 81 - State Administrative Departments|81-8,246 - Public Counsel; particular administrative acts; review.

81-8,246.  Public Counsel; particular administrative acts; review.In selecting matters for attention, the Public Counsel shall particularly review an administrative act that might be:(1) Contrary to law or regulation;(2) Unreasonable, unfair, oppressive, or inconsistent with the general course of an administrative agency's judgments;(3) Mistaken in law or arbitrary in ascertainments of fact;(4) Improper in motivation or based on irrelevant considerations;(5) Unclear or inadequately explained when reasons should have been revealed; or(6) Inefficiently performed.The Public Counsel may also work to strengthen procedures and practices which lessen the risk that objectionable administrative acts will occur.Source   Laws 1969, c. 762, § 7, p. 2881;  Laws 2020, LB1144, § 7.
NE Code § 81-8,247 (2021)
2021 Nebraska Revised Statutes|Chapter 81 - State Administrative Departments|81-8,247 - Public Counsel; complaint; investigation; decision; notify complainant.

81-8,247.  Public Counsel; complaint; investigation; decision; notify complainant.The Public Counsel may receive a complaint from any person concerning an administrative act. The Public Counsel shall conduct a suitable investigation into the things complained of unless the Public Counsel believes that:(1) The complainant has another remedy available which the complainant could reasonably be expected to use;(2) The grievance pertains to a matter outside the Public Counsel's power;(3) The complainant's interest is insufficiently related to the subject matter;(4) The complaint is trivial, frivolous, vexatious, or not made in good faith;(5) Other complaints are more worthy of attention;(6) The Public Counsel's resources are insufficient for adequate investigation; or(7) The complaint has been too long delayed to justify present examination of its merit.The Public Counsel's declining to investigate a complaint shall not bar the Public Counsel from proceeding on the Public Counsel's own motion to inquire into related problems. After completing consideration of a complaint, whether or not it has been investigated, the Public Counsel shall suitably inform the complainant and the administrative agency involved.Source   Laws 1969, c. 762, § 8, p. 2882;  Laws 2020, LB1144, § 8.