reglab/housing_qa huggingface dataset:
NE Code § 47-918 (2021)
2021 Nebraska Revised Statutes|Chapter 47 - Jails and Correctional Facilities|47-918 - Summary of reports and investigations; contents.

47-918.  Summary of reports and investigations; contents.On or before September 15 of each year, the Inspector General shall provide to each member of the Judiciary Committee of the Legislature, the Governor, and the Clerk of the Legislature a summary of reports and investigations made under the Office of Inspector General of the Nebraska Correctional System Act for the preceding year. The summary provided to the Clerk of the Legislature shall be provided electronically. The summaries shall include recommendations and an update on the status of recommendations made in prior summaries, if any. The recommendations may address issues discovered through investigations, audits, inspections, and reviews by the office that will (1) increase accountability and legislative oversight of the Nebraska correctional system, (2) improve operations of the department and the Nebraska correctional system, (3) deter and identify fraud, abuse, and illegal acts, and (4) identify inconsistencies between statutory requirements and requirements for accreditation. The summaries shall not contain any confidential or identifying information concerning the subjects of the reports and investigations.Source Laws 2015, LB598, § 18.
NE Code § 47-919 (2021)
2021 Nebraska Revised Statutes|Chapter 47 - Jails and Correctional Facilities|47-919 - Division of Parole Supervision; provide access to records, reports, and documents.

47-919.  Division of Parole Supervision; provide access to records, reports, and documents.The Division of Parole Supervision shall provide the Public Counsel and the Inspector General with direct computer access to all computerized records, reports, and documents maintained in connection with administration of the Nebraska parole system, except that access for the Public Counsel and the Inspector General to a parolee’s medical or mental health records shall be subject to the parolee’s consent.Source  Laws 2016, LB1094, § 31;  Laws 2018, LB841, § 12.
NE Code § 47-920 (2021)
2021 Nebraska Revised Statutes|Chapter 47 - Jails and Correctional Facilities|47-920 - Limitations on personnel action.

47-920.  Limitations on personnel action.Any person who has authority to recommend, approve, direct, or otherwise take or affect personnel action shall not, with respect to such authority:(1) Take personnel action against an employee because of the disclosure of information by the employee to the office which the employee reasonably believes evidences wrongdoing under the Office of Inspector General of the Nebraska Correctional System Act;(2) Take personnel action against an employee as a reprisal for the submission of an allegation of wrongdoing under the act to the office by such employee; or(3) Take personnel action against an employee as a reprisal for providing information or testimony pursuant to an investigation by the office.Source Laws 2017, LB539, § 4.
NE Code § 47-1001 (2021)
2021 Nebraska Revised Statutes|Chapter 47 - Jails and Correctional Facilities|47-1001 - Act, how cited.

47-1001.  Act, how cited.Sections 47-1001 to 47-1007 shall be known and may be cited as the Healthy Pregnancies for Incarcerated Women Act.Source Laws 2019, LB690, § 1.
NE Code § 47-1002 (2021)
2021 Nebraska Revised Statutes|Chapter 47 - Jails and Correctional Facilities|47-1002 - Legislative findings and declarations.

47-1002.  Legislative findings and declarations.The Legislature finds and declares:(1) Restraining a pregnant woman can pose undue health risks to the woman and her pregnancy;(2) The majority of female prisoners and detainees in Nebraska are nonviolent offenders;(3) Restraining prisoners and detainees increases their potential for physical harm from an accidental trip or fall. The impact of such harm to a pregnant woman can negatively impact her pregnancy;(4) Freedom from physical restraints is especially critical during labor, delivery, and postpartum recovery after delivery. Women often need to move around during labor and recovery, including moving their legs as part of the birthing process. Restraints on a pregnant woman can interfere with medical staff's ability to appropriately assist in childbirth or to conduct sudden emergency procedures; and(5) The Federal Bureau of Prisons, the United States Marshals Service, the American Correctional Association, the American College of Obstetricians and Gynecologists, the American Medical Association, and the American Public Health Association all oppose or severely limit the routine shackling of women during labor, delivery, and postpartum recovery because it is unnecessary and dangerous to a woman's health and well-being and creates an unnecessary risk to the baby during birth.Source Laws 2019, LB690, § 2.
NE Code § 47-1003 (2021)
2021 Nebraska Revised Statutes|Chapter 47 - Jails and Correctional Facilities|47-1003 - Terms, defined.

47-1003.  Terms, defined.For the purposes of the Healthy Pregnancies for Incarcerated Women Act:(1) Administrator means the Director of Correctional Services, the sheriff or other person charged with administration of a jail, or any other official responsible for the administration of a detention facility;(2) Detainee includes any adult or juvenile female detained under the immigration laws of the United States at any detention facility;(3) Detention facility means any:(a) Facility operated by the Department of Correctional Services;(b) City or county jail;(c) Juvenile detention facility or staff secure juvenile facility as such terms are defined in section 83-4,125; or(d) Any other entity or institution operated by the state, a political subdivision, or a combination of political subdivisions for the careful keeping or rehabilitative needs of prisoners or detainees;(4) Labor means the period of time before a birth during which contractions are of sufficient frequency, intensity, and duration to bring about effacement and progressive dilation of the cervix;(5) Postpartum recovery means, as determined by her physician, the period immediately following delivery, including the entire period a woman is in the hospital or infirmary after birth;(6) Prisoner means any adult or juvenile incarcerated or detained in any detention facility and includes, but is not limited to, any adult or juvenile who is accused of, convicted of, sentenced for, or adjudicated for violations of criminal law or the terms and conditions of parole, probation, pretrial release, post-release supervision, or a diversionary program; and(7) Restraints means any physical restraint or mechanical device used to control the movement of a prisoner or detainee's body or limbs, including, but not limited to, flex cuffs, soft restraints, hard metal handcuffs, a black box, Chubb cuffs, leg irons, belly chains, a security or tether chain, or a convex shield.Source Laws 2019, LB690, § 3.
NE Code § 47-1005 (2021)
2021 Nebraska Revised Statutes|Chapter 47 - Jails and Correctional Facilities|47-1005 - Civil action authorized.

47-1005.  Civil action authorized.Any prisoner or detainee restrained in violation of the Healthy Pregnancies for Incarcerated Women Act may file a civil action which shall be pursued as a tort claim under the Political Subdivisions Tort Claims Act or the State Tort Claims Act.Source Laws 2019, LB690, § 5. Cross References   Political Subdivisions Tort Claims Act, see section 13-901.  State Tort Claims Act, see section 81-8,235.
NE Code § 47-1006 (2021)
2021 Nebraska Revised Statutes|Chapter 47 - Jails and Correctional Facilities|47-1006 - Rules and regulations.

47-1006.  Rules and regulations.(1) On or before October 1, 2019, each detention facility in this state shall adopt and promulgate rules and regulations to carry out the Healthy Pregnancies for Incarcerated Women Act. A detention facility may also adopt and promulgate such rules and regulations developed by the Jail Standards Board or the Nebraska Commission on Law Enforcement and Criminal Justice. Such rules and regulations shall be included in any handbook for prisoners or detainees.(2) On and after October 1, 2019, a detention facility shall inform each prisoner or detainee of the rules and regulations adopted and promulgated under this section upon admission to the detention facility.(3) On or before November 1, 2019, a detention facility shall inform any prisoner or detainee in custody of the detention facility, who has not previously been informed, of the rules and regulations adopted and promulgated under this section.Source Laws 2019, LB690, § 6.
NE Code § 47-1007 (2021)
2021 Nebraska Revised Statutes|Chapter 47 - Jails and Correctional Facilities|47-1007 - Report; contents.

47-1007.  Report; contents.On or before June 1, 2020, and each June 1 thereafter, each administrator of a detention facility shall submit a report describing any use of restraints on a pregnant prisoner or detainee in the preceding calendar year. The Director of Correctional Services shall submit such report to the Inspector General of the Nebraska Correctional System. An administrator of a detention facility operated by a political subdivision shall submit such report to the Jail Standards Board. The report shall not contain individually identifying information of any prisoner or detainee. Such reports shall be made available for public inspection.Source Laws 2019, LB690, § 7.
NE Code § 48-102 (2021)
2021 Nebraska Revised Statutes|Chapter 48 - Labor|48-102 - Employer's liability; negligence; action; defenses denied.

48-102.  Employer's liability; negligence; action; defenses denied.In all cases brought under sections 48-101 to 48-108, it shall not be a defense (a) that the employee was negligent, unless it shall also appear that such negligence was willful, or that the employee was in a state of intoxication; (b) that the injury was caused by the negligence of a fellow employee; or (c) that the employee had assumed the risks inherent in, or incidental to, or arising from the failure of the employer to provide and maintain safe premises and suitable appliances, which grounds of defense are hereby abolished.Source   Laws 1913, c. 198, § 2, p. 579;   R.S.1913, § 3643;   C.S.1922, § 3025;   C.S.1929, § 48-102;   R.S.1943, § 48-102;   Laws 1971, LB 572, § 2. Annotations  A common-law misrepresentation defense to govern when an applicant's misrepresentation will bar recovery of workers' compensation benefits is incompatible with the Nebraska Workers' Compensation Act, overruling Hilt Truck Lines, Inc. v. Jones, 204 Neb. 115, 281 N.W.2d 399 (1979). Bassinger v. Nebraska Heart Hosp., 282 Neb. 835, 806 N.W.2d 395 (2011). The statutory defense under this section applies to employees, not applicants. Bassinger v. Nebraska Heart Hosp., 282 Neb. 835, 806 N.W.2d 395 (2011). This section eliminates from workers' compensation proceedings the three common-law defenses of contributory negligence, the fellow-servant rule, and assumption of the risk, preserving only the employee's willful negligence and intoxication as defenses which the employer may raise. Estate of Coe v. Willmes Trucking, 268 Neb. 880, 689 N.W.2d 318 (2004). Willful exposure to freezing weather was not a defense. Mead v. Missouri Valley Grain, Inc., 178 Neb. 553, 134 N.W.2d 243 (1965). Allegation that disability was due to employee's failure to allow normal recovery constituted charge of willful negligence. Rexroat v. State, 142 Neb. 596, 7 N.W.2d 163 (1942). Defense of assumption of risk is not available. Nedela v. Mares Auto Co., 110 Neb. 108, 193 N.W. 345 (1923). Defense that plaintiff was willfully negligent was not established by evidence. Brown v. York Water Co., 104 Neb. 516, 177 N.W. 833 (1920).
NE Code § 48-103 (2021)
2021 Nebraska Revised Statutes|Chapter 48 - Labor|48-103 - Employer's liability; defenses; when not available.

48-103.  Employer's liability; defenses; when not available.If an employer, as defined in section 48-106, does not carry a policy of workers' compensation insurance nor qualify as a self-insurer or, in the case of an employer who is a lessor of one or more commercial motor vehicles leased to a self-insured motor carrier, is not a party to an effective agreement pursuant to section 48-115.02, he or she loses the right to interpose the three defenses mentioned in section 48-102 in any action brought against him or her for personal injury or death of an employee.Source   Laws 1913, c. 198, § 3, p. 579;   R.S.1913, § 3644;   C.S.1922, § 3026;   C.S.1929, § 48-103;   R.S.1943, § 48-103;   Laws 1971, LB 572, § 3;   Laws 1986, LB 811, § 25;   Laws 1997, LB 474, § 1. Annotations Under this section, when an employer fails to carry workers' compensation insurance or an acceptable alternative and an injured employee elects to seek damages in a common-law action, the employer "loses the right to interpose" contributory negligence (unless the employee was intoxicated or willfully negligent), the fellow-servant rule, and assumption of the risk as defenses in the action. Estate of Coe v. Willmes Trucking, 268 Neb. 880, 689 N.W.2d 318 (2004).
NE Code § 48-105 (2021)
2021 Nebraska Revised Statutes|Chapter 48 - Labor|48-105 - Preceding sections; application.

48-105.  Preceding sections; application.The provisions of sections 48-101 to 48-103 shall apply to any claim for the death of an employee arising under sections 30-809 and 30-810 concerning death by wrongful act.Source   Laws 1913, c. 198, § 5, p. 580;   R.S.1913, § 3646;   C.S.1922, § 3028;   C.S.1929, § 48-105;   R.S.1943, § 48-105;   Laws 1971, LB 572, § 4;   Laws 1994, LB 414, § 1.
NE Code § 48-107 (2021)
2021 Nebraska Revised Statutes|Chapter 48 - Labor|48-107 - Employer's liability; employee's willful negligence; burden of proof.

48-107.  Employer's liability; employee's willful negligence; burden of proof.In all actions at law brought pursuant to sections 48-101 to 48-108 the burden of proof to establish willful negligence of the injured employee shall be on the defendant.Source   Laws 1913, c. 198, § 7, p. 580;   R.S.1913, § 3648;   C.S.1922, § 3030;   C.S.1929, § 48-107;   R.S.1943, § 48-107. Annotations  The burden of proving intoxication as a defense is on the employer. Johnson v. Hahn Bros. Const. Inc., 188 Neb. 252, 196 N.W.2d 109 (1972). Mere negligence of employee is not sufficient to preclude recovery, but such conduct must be shown as manifests a reckless disregard of consequences coupled with a consciousness that injury will naturally or probably result. Richards v. Abts, 136 Neb. 741, 287 N.W. 199 (1939). Burden is on employer to establish willful negligence, and he must prove a deliberate act knowingly done or conduct evidencing reckless indifference to his own safety on part of employee. Hoff v. Edgar, 133 Neb. 403, 275 N.W. 602 (1937).
NE Code § 48-112 (2021)
2021 Nebraska Revised Statutes|Chapter 48 - Labor|48-112 - Elective compensation; presumption.

48-112.  Elective compensation; presumption.In the occupations described in section 48-106, all contracts of employment shall be presumed to have been made with reference and subject to the Nebraska Workers' Compensation Act. Every such employer and every employee is presumed to accept and come under such sections.Source   Laws 1913, c. 198, § 12, p. 582;   R.S.1913, § 3653;   Laws 1917, c. 85, § 2, p. 199;   C.S.1922, § 3035;   C.S.1929, § 48-112;   Laws 1935, c. 57, § 17, p. 196;   C.S.Supp.,1941, § 48-112;   R.S.1943, § 48-112;   Laws 1971, LB 572, § 6;   Laws 1986, LB 811, § 31.  Annotations  A public utility employee cannot maintain a separate suit against a city for an injury incurred on the job, because the Nebraska Workers' Compensation Act is the exclusive remedy of the injured public utility employee against the city where the public utility is an agency or department of the city. Hofferber v. City of Hastings, 275 Neb. 503, 747 N.W.2d 389 (2008). Employee must be given notice under this section. Imus v. Bead Mountain Ranch, Inc., 183 Neb. 343, 160 N.W.2d 171 (1968). Sale of seed corn upon a commission basis did not constitute salesman an employee. Bohy v. Pfister Hybrid Co., 179 Neb. 337, 138 N.W.2d 23 (1965). Election of employee not to come under part II of act is binding on his dependents. White v. National Window Cleaning Co., 132 Neb. 155, 271 N.W. 341 (1937). Where it was not disclosed whether contract was made before or after taking effect of act, presumption that act was applicable did not arise. Smith v. Fall, 122 Neb. 783, 241 N.W. 560 (1932). Both parties are presumed to have contracted with reference to Workmen's Compensation Act and subject thereto. Dietz Club v. Niehaus, 110 Neb. 154, 193 N.W. 344 (1923); Avre v. Sexton, 110 Neb. 149, 193 N.W. 342 (1923); Nedela v. Mares Auto Co., 110 Neb. 108, 193 N.W. 345 (1923); Nosky v. Farmers Union Co-op. Assn., 109 Neb. 489, 191 N.W. 846 (1922). Employer cannot take advantage of own fault to detriment of employee. Dietz Club v. Niehaus, 110 Neb. 154, 193 N.W. 344 (1923). Noninsuring employer is liable either for damages at common law or compensation, at election of employee. Avre v. Sexton, 110 Neb. 149, 193 N.W. 342 (1923); Nedela v. Mares Auto Co., 110 Neb. 108, 193 N.W. 345 (1923). Minor employee may elect under Workmen's Compensation Act. Navracel v. Cudahy Packing Co., 109 Neb. 506, 191 N.W. 659 (1922).
NE Code § 48-115.01 (2021)
2021 Nebraska Revised Statutes|Chapter 48 - Labor|48-115.01 - Employee; extend coverage; when.

48-115.01.  Employee; extend coverage; when.Sections 48-115, 48-115.01, and 48-146 shall be so construed as to effectuate their general purpose to extend workers' compensation coverage to additional employees and officers as soon as the same may be done under the Constitution of Nebraska.Source   Laws 1967, c. 291, § 3, p. 796;   Laws 1986, LB 811, § 34.
NE Code § 48-115.02 (2021)
2021 Nebraska Revised Statutes|Chapter 48 - Labor|48-115.02 - Lessor of commercial motor vehicles; agreement with self-insured motor carrier; authorized; effect.

48-115.02.  Lessor of commercial motor vehicles; agreement with self-insured motor carrier; authorized; effect.An employer who is a lessor of one or more commercial motor vehicles leased to a self-insured motor carrier, may agree with the self-insured motor carrier that benefits under the Nebraska Workers' Compensation Act with respect to personal injury or death to the driver or drivers employed by such lessor caused by accident or occupational disease arising out of and in the course of performing services for the self-insured motor carrier in connection with such lease shall be paid by the self-insured motor carrier in the same manner and to the same extent as benefits under the Nebraska Workers' Compensation Act are paid to or on behalf of employees of the self-insured motor carrier. To participate in an agreement under this section the motor carrier's principal place of business must be in this state and the motor carrier must be authorized to self-insure liability under the Nebraska Workers' Compensation Act.Such an agreement shall (1) constitute compliance by such lessor with the requirements of section 48-145 with respect to such driver or drivers, but only insofar as liability for personal injury or death to the driver or drivers employed by such lessor caused by accident or occupational disease arising out of and in the course of performing services for such self-insured motor carrier in connection with such lease is concerned, (2) be enforceable against such self-insured motor carrier in the same manner and to the same extent as claims arising under the Nebraska Workers' Compensation Act by employees of such self-insured motor carrier, and (3) not be deemed to be a contract of insurance for purposes of Chapter 44. Section 48-111 shall apply to such lessor, the driver or drivers employed by such lessor, and the self-insured motor carrier with respect to personal injury or death caused to such driver or drivers by accident or occupational disease arising out of and in the course of performing services for such self-insured motor carrier in connection with such lease while such an agreement is effective.Source  Laws 1997, LB 474, § 3.
NE Code § 48-117 (2021)
2021 Nebraska Revised Statutes|Chapter 48 - Labor|48-117 - Employers; evasion of law; compensation; calculation.

48-117.  Employers; evasion of law; compensation; calculation.When compensation is claimed from or proceedings taken against a person, firm, or corporation under section 48-116, the compensation shall be calculated with reference to the wage the worker was receiving from the person by whom he or she was immediately employed at the time of the injury.Source   Laws 1913, c. 198, § 17, p. 585;   R.S.1913, § 3658;   C.S.1922, § 3040;   C.S.1929, § 48-117;   R.S.1943, § 48-117;   Laws 1986, LB 811, § 36.  Annotations  Where the wage is certain, employment is continuous, and contract of hire is definite, compensation will be computed according to the terms of contract in force at the time of the accident. Redfern v. Safeway Stores, Inc., 145 Neb. 288, 16 N.W.2d 196 (1944). Injured workman, working only one day in week, was only entitled to compensation upon basis of amount actually paid. Johnsen v. Benson Food Center, 143 Neb. 421, 9 N.W.2d 749 (1943). Receipt and acceptance of workmen's compensation by city fireman does not deprive him of right to fireman's pension. City of Lincoln v. Steffensmeyer, 134 Neb. 613, 279 N.W. 272 (1938). Where contract was for thirty hours a week at fifty cents an hour, compensation award on basis of weekly wage of thirty dollars was error. Drum v. Omaha Steel Works, 129 Neb. 273, 261 N.W. 351 (1935).
NE Code § 48-118.01 (2021)
2021 Nebraska Revised Statutes|Chapter 48 - Labor|48-118.01 - Third-party claims; procedure; attorney's fees.

48-118.01.  Third-party claims; procedure; attorney's fees.Before making a claim or bringing suit against a third person by the employee or his or her personal representative or by the employer or his or her workers' compensation insurer, thirty days' notice shall be given to the other potential parties, unless such notice is waived in writing, of the opportunity to join in such claim or action and to be represented by counsel. If a party entitled to notice cannot be found, the clerk of the Nebraska Workers' Compensation Court shall become the agent of such party for giving notice as required in this section. The notice when given to the clerk of the compensation court shall include an affidavit setting forth the facts, including the steps taken to locate such party.After the expiration of thirty days, for failure to receive notice or other good cause shown, the district court before which the action is pending shall allow either party to intervene in such action, and if no action is pending then the district court in which it could be brought shall allow either party to commence such action. Each party shall have an equal voice in the claim and the prosecution of such suit, and any dispute arising shall be passed upon by the court before which the case is pending and if no action is pending then by the district court in which such action could be brought.If the employee or his or her personal representative or the employer or his or her workers' compensation insurer join in prosecuting such claim and are represented by counsel, the reasonable expenses and the attorney's fees shall be, unless otherwise agreed upon, divided between such attorneys as directed by the court before which the case is pending and if no action is pending then by the district court in which such action could be brought.Source Laws 2005, LB 13, § 23. Annotations  In this section, the use of the term "the court" refers to the district court. In re Estate of Evertson, 295 Neb. 301, 889 N.W.2d 73 (2016). This section and sections 48-118 through 48-118.04 should be read as a whole. In re Estate of Evertson, 295 Neb. 301, 889 N.W.2d 73 (2016). This section requires that a subrogation claim against a third-party tort-feasor for workers' compensation benefits paid to a claimant must be brought in the district court. In re Estate of Evertson, 295 Neb. 301, 889 N.W.2d 73 (2016).