reglab/statecodes huggingface dataset:
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-8,186 - State Board of Landscape Architects; members; appointment; qualifications; terms; removal.

81-8,186.
State Board of Landscape Architects; members; appointment; qualifications; terms; removal.
(1) There is hereby created a State Board of Landscape Architects consisting of six members who shall be appointed by the Governor. Five members of the board shall be professional landscape architects and one shall be a member of the public.
(2) Each member shall be a citizen of the United States and shall have been a resident of the State of Nebraska for at least one year immediately preceding appointment.
(3) Each professional landscape architect member shall have been engaged in the active practice of landscape architecture for at least five years at the time of his or her appointment and shall be a professional landscape architect in this state.
(4) The term of office of the members appointed to the board shall be for five years. A member shall hold office after the expiration of his or her term until his or her successor is duly appointed and qualified. Vacancies in the membership of the board, however created, shall be filled for the unexpired term by appointment by the Governor. The Governor may remove any member of the board for misconduct, incompetency, or neglect of duty.
Source
Laws 1967, c. 565, § 3, p. 1861;
Laws 1971, LB 98, § 3;
Laws 1984, LB 477, § 3;
Laws 2012, LB1140, § 4;
Laws 2020, LB30, § 4.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-8,189 - Board; members; compensation; expenses.

81-8,189.
Board; members; compensation; expenses.
Members of the board shall serve without compensation, except that they shall be reimbursed for expenses incurred in the discharge of their duties pursuant to the Professional Landscape Architects Act as provided in sections 81-1174 to 81-1177.
Source
Laws 1967, c. 565, § 6, p. 1862;
Laws 1981, LB 204, § 183;
Laws 2012, LB1140, § 5;
Laws 2020, LB381, § 107.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-8,190 - Board; chairperson; meetings; quorum; personnel; employ.

81-8,190.
Board; chairperson; meetings; quorum; personnel; employ.
The board shall elect annually from its members a chairperson and a vice-chairperson. The board shall meet at least once a year at a time and place fixed by the board. Three members shall constitute a quorum. The board may employ such technical and clerical assistants and incur such expense as may be necessary to properly carry out the Professional Landscape Architects Act.
Source
Laws 1967, c. 565, § 7, p. 1862;
Laws 2012, LB1140, § 6.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-8,191 - Board; committee; powers; Attorney General; legal advisor.

81-8,191.
Board; committee; powers; Attorney General; legal advisor.
The board and any committee of the board is entitled to the services of the Attorney General in the connection with the affairs of the board and may compel the attendance of witnesses, administer oaths, and take testimony and proofs concerning all matters within its jurisdiction. The Attorney General shall act as legal advisor to the board and render such legal assistance as may be necessary in carrying out the Professional Landscape Architects Act. The board may expend funds to promote licensure of professional landscape architects in this state subject to section 84-733.
Source
Laws 1967, c. 565, § 8, p. 1862;
Laws 1981, LB 204, § 184;
Laws 2020, LB30, § 5.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-8,191.01 - Board; powers; rules and regulations; code of professional conduct; content.

81-8,191.01.
Board; powers; rules and regulations; code of professional conduct; content.
The board may adopt and promulgate rules and regulations to carry out the Professional Landscape Architects Act. Such rules and regulations may include, but not be limited to, a definition of conflict of interest for board members and the appropriate procedure to follow when a conflict arises. The rules and regulations or a code of professional conduct developed by the board shall also include definitions of or a list of specific practices which constitute fraud, deceit, gross negligence, incompetence, or misconduct and the punishments for such practices which shall be used as the basis to place a professional landscape architect on probation, revoke or suspend a license, or impose a penalty pursuant to sections 81-8,205, 81-8,207, and 81-8,208.
Source
Laws 1984, LB 477, § 14;
Laws 2012, LB1140, § 7;
Laws 2020, LB30, § 6.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-8,192 - Board; roster; duties.

81-8,192.
Board; roster; duties.
The board shall maintain and make available to the public a complete roster of each professional landscape architect showing his or her name and last-known address. The board shall file the roster with the Secretary of State annually and may distribute a copy to each professional landscape architect as well as county and municipal officials.
Source
Laws 1967, c. 565, § 9, p. 1862;
Laws 1981, LB 545, § 31;
Laws 2012, LB1140, § 8;
Laws 2020, LB30, § 7.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-8,193 - Board; seal; adopt.

81-8,193.
Board; seal; adopt.
The board shall adopt and have an official seal which shall be affixed to all certificates of licensure granted and may adopt and promulgate rules and regulations necessary for the proper performance of such duty.
Source
Laws 1967, c. 565, § 10, p. 1863;
Laws 2012, LB1140, § 9.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-8,194 - Board; fees; disposition; State Board of Landscape Architects Cash Fund; created; investment.

81-8,194.
Board; fees; disposition; State Board of Landscape Architects Cash Fund; created; investment.
(1) The board shall establish fees of no more than three hundred dollars for applications and initial certificates of licensure and annual renewals for services related to the Professional Landscape Architects Act based on the administration costs incurred by the board. The board shall collect, account for, and remit such fees to the State Treasurer for credit to the State Board of Landscape Architects Cash Fund which is hereby created. All fees are nonrefundable.
(2) Transfers may be made from the State Board of Landscape Architects Cash Fund to the General Fund at the direction of the Legislature. Any money in the State Board of Landscape Architects Cash 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.
(3) Warrants for the payment of expenses and compensation as provided for in the Professional Landscape Architects Act shall be issued by the Director of Administrative Services and paid by the State Treasurer out of the State Board of Landscape Architects Cash Fund upon presentation of vouchers regularly drawn by the chairperson of the board and approved by the board. At no time shall the total amount of warrants exceed the total amount of fees collected under the act and credited to the fund.
Source
Laws 1967, c. 565, § 11, p. 1863;
Laws 1971, LB 98, § 4;
Laws 1984, LB 477, § 5;
Laws 2007, LB396, § 1;
Laws 2009, First Spec. Sess., LB3, § 70;
Laws 2012, LB1140, § 10;
Laws 2020, LB30, § 8.
Cross References
Nebraska Capital Expansion Act, see section 72-1269.
Nebraska State Funds Investment Act, see section 72-1260.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-8,198 - Licensee; seal; use; effect; prohibited acts; qualifications to perform professional services.

81-8,198.
Licensee; seal; use; effect; prohibited acts; qualifications to perform professional services.
(1) Each licensee shall provide himself or herself with a suitable seal with a uniform inscription thereon formulated by the board with which he or she shall stamp all plans, specifications, and reports prepared by him or her when required. The following shall be stated on the seal: State of Nebraska, the licensee's name, the license number, and Professional Landscape Architect.
(2) Whenever the seal is applied, the licensee's signature shall be across the seal. The board may adopt and promulgate rules and regulations for application of the seal.
(3) The seal and date of its placement shall be on all technical submissions and calculations whenever presented to a client or any public or governmental agency. It shall be unlawful for a licensee to affix his or her seal and signature or to permit his or her seal and signature to be affixed to any document after the expiration of the certificate of licensure or for the purpose of aiding or abetting any other person to evade or attempt to evade the Professional Landscape Architects Act.
(4) The seal and date shall be placed on final plans and specifications and reports as required in such a manner that the seal, signature, and date will be reproduced and be in compliance with rules and regulations of the board, if any. The application of the licensee's seal shall constitute certification that the work was done in accordance with the act.
(5) A landscape architect shall undertake to perform professional services only when the landscape architect is qualified by education, training, and experience in the specific technical areas involved.
Source
Laws 1967, c. 565, § 15, p. 1864;
Laws 2012, LB1140, § 14;
Laws 2020, LB30, § 10.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-8,198.01 - Coordinating professional; designation; duties.

81-8,198.01.
Coordinating professional; designation; duties.
(1) Landscape architecture design projects involving more than one design professional shall have a designated coordinating professional for the entire project. The coordinating professional may, but need not, provide professional services on the project. The coordinating professional shall apply his or her seal in accordance with the Engineers and Architects Regulation Act or the Professional Landscape Architects Act to the cover sheet of all documents and denote the seal as that of the coordinating professional.
(2) The coordinating professional shall be responsible for reviewing and coordinating technical documents prepared by any other design professional for compatibility with the design of the project.
Source
Laws 2020, LB30, § 19.
Cross References
Engineers and Architects Regulation Act, see section 81-3401.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-8,199 - Certificate of licensure; issuance; use; new or duplicate certificate, fee.

81-8,199.
Certificate of licensure; issuance; use; new or duplicate certificate, fee.
(1) The board shall issue to any applicant who has met the requirements of the Professional Landscape Architects Act a certificate of licensure giving the licensee proper authority to carry out the prerogatives of the act. The certificate of licensure shall carry the designation Professional Landscape Architect. The certificate of licensure shall give the full name of the licensee and license number and shall be signed by two members of the board.
(2) The certificate of licensure shall be prima facie evidence that the person is entitled to all rights, privileges, and responsibilities of a professional landscape architect while the certificate of licensure remains unrevoked and unexpired.
(3) The board may issue a new certificate of licensure to replace any lost, destroyed, or mutilated certificate of licensure or issue a duplicate of any active certificate of licensure upon request from the licensee. A fee not to exceed fifty dollars, in accordance with subsection (1) of section 81-8,194, may be charged for each such issuance.
(4) Any person holding a certificate of registration under the act as of November 14, 2020, shall be deemed to be duly licensed under the act until the expiration of such certificate.
Source
Laws 1967, c. 565, § 16, p. 1864;
Laws 1984, LB 477, § 8;
Laws 2012, LB1140, § 15;
Laws 2020, LB30, § 11.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-8,200 - Certificate of licensure; expiration; notice; renewal.

81-8,200.
Certificate of licensure; expiration; notice; renewal.
Certificates of licensure shall expire on a date established by the board and shall become invalid on that date unless renewed. In 2021, a licensee whose last name begins with a letter between the letters "A" and "L" shall renew his or her certificate of licensure for one year and a licensee whose last name begins with a letter between the letters "M" and "Z" shall renew his or her certificate of licensure for two years. Each subsequent renewal shall be for a two-year period. The board shall notify every person licensed under the Professional Landscape Architects Act of the expiration date of his or her certificate of licensure and the amount of the fee, in accordance with subsection (1) of section 81-8,194, required for renewal. The notice shall be sent at least one month in advance of the date of the expiration. Valid certificates of licensure may be renewed prior to expiration upon application and payment of applicable fees. The fee to be paid on an expired certificate of licensure shall be increased by ten percent for each month or fraction of a month such payment is delayed, except that the maximum fee for a delayed renewal shall not exceed twice the amount of the original renewal fee and no renewals shall be made after one year after the expiration date, in accordance with subsection (1) of section 81-8,194. Expired licenses shall be renewed in accordance with the rules and regulations of the board. The board may require individual licensees to obtain professional development in accordance with the rules and regulations of the board.
Source
Laws 1967, c. 565, § 17, p. 1865;
Laws 1984, LB 477, § 9;
Laws 2012, LB1140, § 16;
Laws 2020, LB30, § 12.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-8,202 - Act; enforcement; procedure.

81-8,202.
Act; enforcement; procedure.
The board shall enforce the Professional Landscape Architects Act and rules and regulations under the act, including enforcement against any unlicensed person. If any person refuses to obey any decision or order of the board, the board, or upon request of the board the Attorney General or the appropriate county attorney, shall file an action for the enforcement of the decision or order, including injunctive relief, in the district court. After a hearing the court shall order enforcement of the decision or order, or any part thereof, if legally and properly made by the board and, if appropriate, injunctive relief.
Source
Laws 1967, c. 565, § 19, p. 1865;
Laws 1971, LB 98, § 5;
Laws 1984, LB 477, § 11;
Laws 1988, LB 352, § 171;
Laws 2012, LB1140, § 20;
Laws 2020, LB30, § 13.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-8,204 - Use of title; unlawful practice.

81-8,204.
Use of title; unlawful practice.
Except as provided in section 81-8,206, an individual shall not directly or indirectly engage in the practice of landscape architecture in this state or use the title of professional landscape architect or display or use any words, letters, figures, titles, signs, cards, advertisements, or other symbols or devices indicating or tending to indicate that he or she is a professional landscape architect or is practicing landscape architecture unless he or she is licensed under the Professional Landscape Architects Act. A licensee shall not aid or abet any person not licensed under the act in the practice of landscape architecture.
Source
Laws 1967, c. 565, § 21, p. 1866;
Laws 1971, LB 98, § 6;
Laws 2012, LB1140, § 22;
Laws 2020, LB30, § 14.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-8,205 - Prohibited acts; penalties.

81-8,205.
Prohibited acts; penalties.
(1) It is unlawful for any person to:
(a) Practice or offer to practice landscape architecture in this state without being licensed in accordance with the Professional Landscape Architects Act unless such practice or offer to practice is otherwise exempt under the act;
(b) Knowingly and intentionally employ or retain a person to practice landscape architecture in this state who is not licensed in accordance with the act unless otherwise exempt under the act;
(c) Advertise any title or description tending to convey the impression that he or she is a professional landscape architect unless the person is duly licensed or exempt from licensure under the act;
(d) Present or attempt to use the certificate of licensure or the seal of another person;
(e) Give any false or forged evidence of any kind to the board or to any member of the board in obtaining or attempting to obtain a certificate of licensure;
(f) Falsely impersonate any other licensee of like or different name;
(g) Attempt to use an expired, suspended, revoked, or nonexistent certificate of licensure or attempt to engage in the practice or offer to practice landscape architecture when not qualified;
(h) Falsely claim that he or she is licensed or authorized under the act; or
(i) Otherwise violate the act.
(2) Any person who performs any of the actions described in subsection (1) of this section is guilty of a Class III misdemeanor for the first offense and a Class II misdemeanor for the second or any subsequent offense.
Source
Laws 1967, c. 565, § 22, p. 1866;
Laws 1977, LB 39, § 300;
Laws 2012, LB1140, § 23;
Laws 2020, LB30, § 15.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-8,207 - Complaint; enforcement; procedures.

81-8,207.
Complaint; enforcement; procedures.
A complaint against any person involving any matter coming within the jurisdiction of the board shall be in writing and shall be filed with the board. The complaint, at the discretion of the board, shall be heard within a reasonable time in accordance with the rules and regulations and may be heard through the use of a hearing officer. The accused shall have the right to appear personally with or without counsel, to cross-examine adverse witnesses, and to produce evidence and witnesses in his or her defense. The board shall set the time and place of the hearing and shall cause a copy of the complaint, together with a notice of the time and place fixed for the hearing, to be sent by registered mail to the accused, at his or her last-known mailing address known to the board, at least thirty days before the hearing. If after the hearing the board finds the accused has violated the Professional Landscape Architects Act or any rules or regulations adopted and promulgated under the act, it may issue any order or take any action described in section 81-8,208. If the board finds no violation, it shall enter an order dismissing the complaint. If the order revokes, suspends, or cancels a license, the board shall notify the licensee and the Secretary of State in writing. The board may reissue a license that has been revoked. An application for the reissuance of a license shall be made in such a manner as the board directs and shall be accompanied by a fee established by the board, in accordance with subsection (1) of section 81-8,194.
Source
Laws 2020, LB30, § 16.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-8,208 - Disciplinary actions authorized; civil penalties.

81-8,208.
Disciplinary actions authorized; civil penalties.
(1) The board, after hearing and upon proof satisfactory to the board, may determine by a two-thirds majority vote that any person has violated the Professional Landscape Architects Act or any rule or regulation under the act.
(2) Upon a finding that a person has committed a violation, one or more of the following actions may be taken against such person upon a two-thirds majority vote of the board:
(a) Issuance of a censure or reprimand;
(b) Suspension of judgment;
(c) Placement of the offender on probation;
(d) Placement of a limitation or limitations on a licensee and upon the privilege of a licensee to engage in the practice of landscape architecture to the extent, scope, or type of landscape architecture practice for such time and under such conditions as are found necessary and proper;
(e) Imposition of a civil penalty not to exceed ten thousand dollars for each offense. The amount of the penalty shall be based on the severity of the violation;
(f) Entrance of an order of revocation, suspension, or cancellation of the certificate of licensure;
(g) Issuance of a cease and desist order;
(h) Imposition of costs as in an ordinary civil action in the district court, which may include reasonable attorney's fees and hearing officer fees incurred by the board and the expenses of any investigation undertaken by the board; or
(i) Dismissal of the action.
(3) The board may take into account suitable evidence of reform when determining appropriate action.
(4) Civil penalties collected under subdivision (2)(e) of this section shall be remitted to the State Treasurer for distribution in accordance with Article VII, section 5, of the Constitution of Nebraska. All costs collected under subdivision (2)(h) of this section shall be remitted to the State Treasurer for credit to the State Board of Landscape Architects Cash Fund.
Source
Laws 2020, LB30, § 17.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-8,211 - Risk Manager; State Claims Board; authority; procedure; fees.

81-8,211.
Risk Manager; State Claims Board; authority; procedure; fees.
Authority is hereby conferred upon the Risk Manager and State Claims Board, acting on behalf of the State of Nebraska, to consider, ascertain, adjust, compromise, settle, determine, and allow any tort claim. Any claimant dissatisfied with a decision of the Risk Manager may make application for review of the decision by the State Claims Board by filing an application for review with the Risk Manager within sixty days after receipt of notice of the Risk Manager's decision. If any tort claim is compromised, settled, or allowed in an amount of more than five thousand dollars, the approval of the State Claims Board is required. If any tort claim is compromised, settled, or allowed in an amount of more than ten thousand dollars, the unanimous approval of all members of the State Claims Board shall be required. If any tort claim is compromised, settled, or allowed in an amount of more than twenty-five thousand dollars, the claim shall also be submitted for approval by the district court for Lancaster County. When approval of the district court is required, the Attorney General shall make application for such approval and shall file with the application a transcript of the action of the State Claims Board on such claim. The claimant may join in such application, and if the claimant does so, the court may proceed to act on the application without further notice to either party. If the claimant does not join in the application, the court shall require actual notice to all parties before acting on the application. The court may deny the application for any legal and sufficient reason or may direct the State Claims Board to conduct further hearings on any material issues. The fees of the clerk of the district court for filing such application shall be five dollars.
Source
Laws 1969, c. 756, § 3, p. 2846;
Laws 1984, LB 1028, § 1;
Laws 1988, LB 864, § 21;
Laws 2005, LB 485, § 1;
Laws 2008, LB821, § 2;
Laws 2018, LB193, § 91.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-8,212 - Tort claims; filing; Risk Manager; Attorney General; duty; service of process.

81-8,212.
Tort claims; filing; Risk Manager; Attorney General; duty; service of process.
All tort claims shall be filed with the Risk Manager in the manner prescribed by the State Claims Board. The Risk Manager shall immediately advise the Attorney General of the filing of any claim. It shall be the duty of the Attorney General to cause a complete investigation to be made of all such claims and serve as a legal advisor to the Risk Manager and State Claims Board on all such claims. In any suit brought under the State Tort Claims Act, service of process shall be made in the manner provided for service of a summons in section 25-510.02.
Source
Laws 1969, c. 756, § 4, p. 2847;
Laws 1972, LB 1334, § 5;
Laws 1981, LB 273, § 17;
Laws 1983, LB 447, § 98;
Laws 1984, LB 1028, § 2;
Laws 1988, LB 864, § 22;
Laws 1989, LB 541, § 3;
Laws 2008, LB821, § 3.
Annotations
The doctrine of substantial compliance applies when determining whether presuit presentment requirements pertaining to a claim's content are met. Saylor v. State, 306 Neb. 147, 944 N.W.2d 726 (2020).
The filing requirement in this section is a condition precedent to the commencement of a suit, but not a jurisdictional prerequisite for the adjudication of a tort claim against the State. Cole v. Isherwood, 264 Neb. 985, 653 N.W.2d 821 (2002).
When the Legislature has waived the state's sovereign immunity as to a particular cause of action and has designated a person or official as the agent of the state upon whom summons may be served, that person or official validly may enter a voluntary appearance for the state, thereby waiving the issue of in personam jurisdiction. To the extent that Anstine v. State, 137 Neb. 148, 288 N.W. 525 (1939), conflicts with this holding, it is overruled. Pointer v. State, 219 Neb. 315, 363 N.W.2d 164 (1985).
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-8,213 - Suit; final disposition by Risk Manager or State Claims Board required; exception.

81-8,213.
Suit; final disposition by Risk Manager or State Claims Board required; exception.
No suit shall be permitted under the State Tort Claims Act unless the Risk Manager or State Claims Board has made final disposition of the claim, except that if the Risk Manager or board does not make final disposition of a claim within six months after the claim is made in writing and filed with the Risk Manager in the manner prescribed by the board, the claimant may, by notice in writing, withdraw the claim from consideration of the Risk Manager or board and begin suit under such act.
Source
Laws 1969, c. 756, § 5, p. 2847;
Laws 1988, LB 864, § 23;
Laws 2008, LB821, § 4.
Annotations
The 6-month filing extension in section 81-8,227 runs from the first date on which the claim could have been withdrawn under this section, not the date the claim is actually withdrawn. Komar v. State, 299 Neb. 301, 908 N.W.2d 610 (2018).
The final disposition requirement in this section is a condition precedent to the commencement of a suit, but not a jurisdictional prerequisite for the adjudication of a tort claim against the State. Cole v. Isherwood, 264 Neb. 985, 653 N.W.2d 821 (2002).
A claimant who files a tort claim with the Risk Manager of the State Claims Board 18 months or more after his or her claim has accrued, but within 2 years as provided in subsection (1) of section 81-8,227, has 6 months to file suit from the date the board gives written notice to the claimant as to the final disposition of the claim. Collins v. State, 264 Neb. 267, 646 N.W.2d 618 (2002).
A claimant who files a tort claim with the Risk Manager of the State Claims Board 18 months or more after his or her claim has accrued, but within the 2-year statute of limitations, has 6 months from the first day on which the claim may be withdrawn from the claims board in which to begin suit. Coleman v. Chadron State College, 237 Neb. 491, 466 N.W.2d 526 (1991).
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-8,214 - District court; jurisdiction; venue.

81-8,214.
District court; jurisdiction; venue.
The district court, sitting without a jury, shall have exclusive jurisdiction to hear, determine, and render judgment on any suit or tort claim. Suits shall be brought in the district court of the county in which the act or omission complained of occurred or, if the act or omission occurred outside the boundaries of the State of Nebraska, in the district court for Lancaster County.
Source
Laws 1969, c. 756, § 6, p. 2847;
Laws 1988, LB 864, § 24.
Annotations
The first sentence of this section relates to jurisdiction; the second sentence indicates the place of venue. Blitzkie v. State, 228 Neb. 409, 422 N.W.2d 773 (1988).
The findings of fact of the trial court in a proceeding under the State Tort Claims Act have the effect of jury findings and will not be disturbed on appeal unless they are clearly wrong. McMullin Transfer v. State, 225 Neb. 109, 402 N.W.2d 878 (1987).
Judicial findings of fact have the same force and effect as a jury finding of fact. Oldenburg v. State, 221 Neb. 1, 374 N.W.2d 341 (1985).
The State Tort Claims Act requires that actions of this nature be heard without a jury but otherwise determined in the same manner as other suits. The action is similar to a law action in which a jury has been waived and is governed by the same rules. Saporta v. State, 220 Neb. 142, 368 N.W.2d 783 (1985).
The county in which the act or omission occurred means the site where the wrongful conduct actually takes place, not where the results of the wrongful conduct take place or occur. Wickersham v. State, 218 Neb. 175, 354 N.W.2d 134 (1984).
On an appeal to the Nebraska Supreme Court of an action under the State Tort Claims Act, the findings of the trial court will not be disturbed unless clearly wrong. Wakenight v. State, 212 Neb. 798, 326 N.W.2d 52 (1982).
The action must be brought in the county where the act or omission occurred. The statutory provisions authorizing the transfer of an action where the venue was improper are not applicable to suits under the State Tort Claims Act. Miller v. State, 208 Neb. 170, 302 N.W.2d 692 (1981).
An action against the state or a state agency is governed by this section only. Catania v. The University of Nebraska, 204 Neb. 304, 282 N.W.2d 27 (1979).
Jurisdiction to hear tort claims filed against the state, including tort actions by prison inmates against state officials seeking monetary damages, is specifically vested in the district court. Pratt v. Clarke, 8 Neb. App. 199, 590 N.W.2d 426 (1999).
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-8,215 - Liability of state.

81-8,215.
Liability of state.
In all suits brought under the State Tort Claims Act, the state shall be liable in the same manner and to the same extent as a private individual under like circumstances, except that no writ of execution shall issue, and the disposition of or offer to settle any claim made under such act shall not be competent evidence of liability of the state or any employee of the state or the amount of damages.
Source
Laws 1969, c. 756, § 7, p. 2847;
Laws 1988, LB 864, § 25;
Laws 1989, LB 541, § 4.
Annotations
The State Tort Claims Act's limited waiver of sovereign immunity applies only to tort claims for which a private person, under like circumstances, would be liable in tort to the plaintiff. Doe v. State, 312 Neb. 665, 980 N.W.2d 842 (2022).
Statutes that purport to waive the State's sovereign immunity must be clear in their intent. They are strictly construed in favor of the sovereign and against the waiver. Woollen v. State, 256 Neb. 865, 593 N.W.2d 729 (1999).
The State Tort Claims Act requires that actions of this nature be heard without a jury but otherwise determined in the same manner as other suits. The action is similar to a law action in which a jury has been waived and is governed by the same rules. Saporta v. State, 220 Neb. 142, 368 N.W.2d 783 (1985).
Demurrers were properly sustained to petitions alleging negligence by state cancer research institute in hiring a paroled felon, in failing to control his access to a poisonous drug, in failing to maintain an inventory of the drug, and in exposing him to information about past criminal use of the drug, because such allegations did not allow conclusion that the negligent acts were the proximate cause of the employee's use of stolen quantities of the drug to poison plaintiffs' decedents, where it is not alleged that the institute should have realized the likelihood of the employee's criminal acts. Shelton v. Board of Regents, 211 Neb. 820, 320 N.W.2d 748 (1982).
The State Tort Claims Act provides for liability of the state the same as a private person under like circumstances. Cortes v. State, 191 Neb. 795, 218 N.W.2d 214 (1974).
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-8,216 - Rules of civil procedure; costs; judgment; appeal.

81-8,216.
Rules of civil procedure; costs; judgment; appeal.
In all suits brought under the State Tort Claims Act, the district courts shall follow the rules of civil procedure applicable to private litigants, and costs shall be allowed in all courts to the successful claimant to the same extent as if the state was a private litigant. Judgments shall be subject to appeal in the same manner as other judgments of the district court.
Source
Laws 1969, c. 756, § 8, p. 2848;
Laws 1988, LB 864, § 27;
Laws 1991, LB 732, § 148.
Annotations
As part of the civil procedure applicable to suits brought under the State Tort Claims Act, a district court is authorized, under appropriate circumstances, to change the venue of the proceedings or otherwise transfer the site for trial. Blitzkie v. State, 228 Neb. 409, 422 N.W.2d 773 (1988).
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-8,217 - Judgment; effect.

81-8,217.
Judgment; effect.
Final judgment in any suit under the State Tort Claims Act shall constitute a complete bar to any action by the claimant, by reason of the same subject matter, against the employee of the state whose act or omission gave rise to the claim. This section shall not apply if the court rules that the claim is not permitted under the State Tort Claims Act.
Source
Laws 1969, c. 756, § 9, p. 2848;
Laws 1988, LB 864, § 28.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-8,218 - Attorney General; authority.

81-8,218.
Attorney General; authority.
The Attorney General shall represent the state and employees of the state in any suit brought under the State Tort Claims Act and is authorized to compromise or settle any such suit with the approval of the court in which such suit is pending.
Source
Laws 1969, c. 756, § 10, p. 2848;
Laws 1988, LB 864, § 29;
Laws 1989, LB 541, § 5.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-8,220 - State Claims Board; members; legal advisor; hire secretary; expenses.

81-8,220.
State Claims Board; members; legal advisor; hire secretary; expenses.
The Director of Insurance, Commissioner of Labor, and Director of Administrative Services shall constitute the State Claims Board which shall be a part of the Risk Management Program created by section 81-8,239.01. The Attorney General shall be its legal advisor. With the advice and consent of the other members of the board, the Director of Administrative Services may hire a secretary for the board. The members of the board shall receive no compensation for their services except that provided by law for the offices they hold, but they shall be allowed necessary traveling expenses in performing their duties as provided in sections 81-1174 to 81-1177.
Source
Laws 1943, c. 129, § 1, p. 432;
R.S.1943, § 81-857;
Laws 1969, c. 756, § 12, p. 2849;
Laws 1972, LB 1334, § 6;
Laws 1981, LB 204, § 185;
Laws 1981, LB 273, § 18;
Laws 1988, LB 864, § 31;
Laws 1992, Third Spec. Sess., LB 14, § 6;
Laws 2008, LB821, § 5.
Cross References
Other provisions for claims against state, see sections 81-8,294 to 81-8,306 and 81-1170.01 to 81-1170.05.
Presentment of warrants issued more than two years, see section 77-2205.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-8,221 - State Claims Board; rules and regulations; adopt.

81-8,221.
State Claims Board; rules and regulations; adopt.
The State Claims Board shall adopt and promulgate such rules and regulations as are necessary to carry out the State Tort Claims Act.
Source
Laws 1969, c. 756, § 13, p. 2850;
Laws 1988, LB 864, § 32.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-8,222 - Department of Justice; Claims Division; assistant attorney general; duties.

81-8,222.
Department of Justice; Claims Division; assistant attorney general; duties.
There is hereby established within the Department of Justice a Claims Division to be headed by an assistant attorney general appointed by and under the control of the Attorney General. The Attorney General may authorize the assistant attorney general in charge of the Claims Division to perform any of the duties imposed upon the Attorney General by the State Tort Claims Act and may employ other persons, firms, or corporations to investigate claims under the act.
Source
Laws 1969, c. 756, § 14, p. 2850;
Laws 1988, LB 864, § 33.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-8,223 - Award; acceptance; effect.

81-8,223.
Award; acceptance; effect.
Any award made under the State Tort Claims Act and accepted by the claimant shall be final and conclusive on all officers of the State of Nebraska except when procured by means of fraud. The acceptance by the claimant of such award shall be final and conclusive on the claimant and shall constitute a complete release by the claimant of any claim against the state and against the employee of the state whose act or omission gave rise to the claim by reason of the same subject matter.
Source
Laws 1969, c. 756, § 15, p. 2850;
Laws 1988, LB 864, § 34.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-8,224 - Award; certification; payment; review, when.

81-8,224.
Award; certification; payment; review, when.
(1) Any award to a claimant and any judgment in favor of a claimant under the State Tort Claims Act shall be certified by the Risk Manager or State Claims Board to the Director of Administrative Services who shall promptly issue a warrant for payment of such award or judgment out of the Tort Claims Fund or State Insurance Fund, as appropriate, if sufficient money is available in the fund, except that no portion in excess of fifty thousand dollars of any award or judgment shall be paid until such award or judgment has been reviewed by the Legislature and specific appropriation made therefor. All awards and judgments which arise out of the same facts and circumstances shall be reported to the Legislature if the aggregated amount exceeds fifty thousand dollars.
(2) Any award, judgment, or associated costs on a claim which is covered by liability insurance or by group self-insurance, the amount of which falls within the applicable policy's self-insured retention, shall be paid from the State Insurance Fund.
(3) Delivery of any warrant in satisfaction of an award or judgment shall be made only upon receipt of a written release by the claimant in a form approved by the State Claims Board.
Source
Laws 1969, c. 756, § 16, p. 2850;
Laws 1984, LB 1028, § 3;
Laws 1988, LB 864, § 35;
Laws 2005, LB 485, § 2;
Laws 2008, LB821, § 6;
Laws 2019, LB418, § 10.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-8,225 - Tort Claims Fund; established; amount; investment; appropriation.

81-8,225.
Tort Claims Fund; established; amount; investment; appropriation.
There is hereby established in the state treasury a Tort Claims Fund from which awards, judgments, and associated costs under the State Tort Claims Act may be paid, including appeal bonds or the reasonable costs associated with a required appearance before any tribunal. This fund shall be in such amount as the Legislature determines to be reasonably sufficient to meet anticipated claims. When the amount of money in the fund is not sufficient to pay any awards or judgments under such act, the Risk Manager shall immediately advise the Legislature and request an emergency appropriation to satisfy such awards and judgments. 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 1969, c. 756, § 17, p. 2850;
Laws 1971, LB 53, § 3;
Laws 1981, LB 273, § 19;
Laws 1988, LB 864, § 36;
Laws 1995, LB 7, § 111;
Laws 2005, LB 485, § 3.
Cross References
Nebraska Capital Expansion Act, see section 72-1269.
Nebraska State Funds Investment Act, see section 72-1260.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-8,226 - Report to Clerk of the Legislature; contents.

81-8,226.
Report to Clerk of the Legislature; contents.
The Risk Manager shall report electronically to the Clerk of the Legislature all claims and judgments paid under the State Tort Claims Act. Such report shall include the name of each claimant, a statement of the amount claimed and the amount awarded, and a brief description of the claim including the agency and program or activity under which the claim arose. Each member of the Legislature shall receive an electronic copy of such report by making a request for it to the Risk Manager.
Source
Laws 1969, c. 756, § 18, p. 2851;
Laws 1972, LB 1334, § 7;
Laws 1979, LB 322, § 44;
Laws 1981, LB 273, § 20;
Laws 1988, LB 864, § 37;
Laws 2012, LB782, § 174.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-8,228 - Attorney's fees; expenses; allowance.

81-8,228.
Attorney's fees; expenses; allowance.
The court rendering a judgment for the claimant under the State Tort Claims Act, the Risk Manager or State Claims Board making an award under section 81-8,211, or the Attorney General settling a claim under section 81-8,218 shall determine and allow reasonable attorney's fees and expenses, to be paid out of but not in addition to the amount of judgment or award recovered, to the attorneys representing the claimant.
Source
Laws 1969, c. 756, § 20, p. 2852;
Laws 1988, LB 864, § 39;
Laws 2008, LB821, § 8.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-8,229 - Tort claims; remedy of State Tort Claims Act; exclusive.

81-8,229.
Tort claims; remedy of State Tort Claims Act; exclusive.
From and after December 25, 1969, the authority of any state agency to sue or be sued in its own name shall not be construed to authorize suits against such state agency on tort claims except as authorized in the State Tort Claims Act. The remedies provided by such act for tort claims and suits against the state and employees of the state shall be exclusive.
Source
Laws 1969, c. 756, § 21, p. 2852;
Laws 1988, LB 864, § 40;
Laws 1989, LB 541, § 6.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-8,230 - State agency; payment of claims; construction of act.

81-8,230.
State agency; payment of claims; construction of act.
Nothing in the State Tort Claims Act shall be deemed to repeal any provision of law authorizing any state agency to consider, ascertain, adjust, compromise, settle, determine, allow, or pay any claim other than a tort claim.
Source
Laws 1969, c. 756, § 22, p. 2852;
Laws 1988, LB 864, § 41.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.