reglab/statecodes huggingface dataset:
2023 Nebraska Revised Statutes › Chapter 13 - Cities, Counties, and Other Political Subdivisions › 13-1505 - Agreement; filing.

13-1505.
Agreement; filing.
Within ten days after being signed by the parties, a copy of the agreement shall be filed with:
(1) The area office of the Bureau of Indian Affairs of the United States Department of the Interior having trust responsibility for each tribe the governing body of which is a party to the agreement or its successor agency;
(2) The county clerk of each county where one of the parties to the agreement is located, except that a copy shall not be required to be filed in Lancaster County if an agency or department of the state is a party to the agreement unless another party is located in such county;
(3) The Secretary of State; and
(4) Any affected tribal government.
Source
Laws 1989, LB 508, § 5.
2023 Nebraska Revised Statutes › Chapter 13 - Cities, Counties, and Other Political Subdivisions › 13-1506 - Agreement; revocation.

13-1506.
Agreement; revocation.
An agreement shall be subject to revocation by any party to the agreement upon six months' notice to the other unless a different period of time is provided for the agreement. No agreement may provide for a notice period for revocation in excess of five years.
Source
Laws 1989, LB 508, § 6.
2023 Nebraska Revised Statutes › Chapter 13 - Cities, Counties, and Other Political Subdivisions › 13-1507 - Public agency; appropriate funds; provide personnel.

13-1507.
Public agency; appropriate funds; provide personnel.
Any public agency entering into an agreement may appropriate funds for, and may sell, lease, or otherwise give or supply material to, any entity created for the purpose of performance of the agreement and may provide such personnel or services as are within its legal power to furnish.
Source
Laws 1989, LB 508, § 7.
2023 Nebraska Revised Statutes › Chapter 13 - Cities, Counties, and Other Political Subdivisions › 13-1508 - Agreements; prohibited provisions.

13-1508.
Agreements; prohibited provisions.
Nothing in the State-Tribal Cooperative Agreements Act shall be construed to authorize an agreement that:
(1) Is not permitted by federal law. The parties to an agreement should deal with substantive matters and enforcement matters that can be mutually agreed upon, but no agreement shall affect the underlying jurisdictional authority of any party unless expressly authorized by Congress;
(2) Authorizes a public agency or tribal government, either separately or pursuant to agreement, to expand or diminish the jurisdiction presently exercised by the government of the United States to make criminal laws for or enforce criminal laws in Indian country; or
(3) Authorizes a public agency or tribal government to enter into an agreement except as authorized by their own organizational documents or enabling laws.
Source
Laws 1989, LB 508, § 8.
2023 Nebraska Revised Statutes › Chapter 13 - Cities, Counties, and Other Political Subdivisions › 13-1509 - Existing agreements; validity.

13-1509.
Existing agreements; validity.
The State-Tribal Cooperative Agreements Act shall not affect the validity of any agreement entered into between a tribal government and a public agency prior to August 25, 1989.
Source
Laws 1989, LB 508, § 9.
2023 Nebraska Revised Statutes › Chapter 13 - Cities, Counties, and Other Political Subdivisions › 13-1601 - Act, how cited.

13-1601.
Act, how cited.
Sections 13-1601 to 13-1626 shall be known and may be cited as the Political Subdivisions Self-Funding Benefits Act.
Source
Laws 1991, LB 167, § 1.
2023 Nebraska Revised Statutes › Chapter 13 - Cities, Counties, and Other Political Subdivisions › 13-1602 - Purpose of act.

13-1602.
Purpose of act.
The purpose of the Political Subdivisions Self-Funding Benefits Act is to permit political subdivisions to provide employee benefits to employees and their dependents through self-funding by establishing, participating in, and administering employee benefit plans. It is also the purpose of the act to require political subdivisions using self-funding for employee benefit plans to meet certain requirements to protect the benefits of covered employees and covered dependents.
Source
Laws 1991, LB 167, § 2.
2023 Nebraska Revised Statutes › Chapter 13 - Cities, Counties, and Other Political Subdivisions › 13-1603 - Definitions, where found.

13-1603.
Definitions, where found.
For purposes of the Political Subdivisions Self-Funding Benefits Act, the definitions found in sections 13-1604 to 13-1613 shall be used.
Source
Laws 1991, LB 167, § 3.
2023 Nebraska Revised Statutes › Chapter 13 - Cities, Counties, and Other Political Subdivisions › 13-1604 - Accruals, defined.

13-1604.
Accruals, defined.
Accruals shall mean funds to cover all expected claims, reserves, and expenses to operate the self-funded portion of the employee benefit plan for a plan year.
Source
Laws 1991, LB 167, § 4.
2023 Nebraska Revised Statutes › Chapter 13 - Cities, Counties, and Other Political Subdivisions › 13-1608 - Excess insurance, defined.

13-1608.
Excess insurance, defined.
Excess insurance shall mean (1) aggregate insurance, (2) specific insurance, or (3) insurance in excess of a deductible, of which the plan sponsor assumes some or all of the risk for the deductible, purchased from an insurer.
Source
Laws 1991, LB 167, § 8.
2023 Nebraska Revised Statutes › Chapter 13 - Cities, Counties, and Other Political Subdivisions › 13-1609 - Independent actuary, defined.

13-1609.
Independent actuary, defined.
Independent actuary shall mean a member in good standing of the Society of Actuaries or the American Academy of Actuaries who is not an employee of the plan sponsor. Selection of an independent actuary by a plan sponsor shall comply with the conflict of interest provisions of the Nebraska Political Accountability and Disclosure Act.
Source
Laws 1991, LB 167, § 9.
Cross References
Nebraska Political Accountability and Disclosure Act, see section 49-1401.
2023 Nebraska Revised Statutes › Chapter 13 - Cities, Counties, and Other Political Subdivisions › 13-1610 - Insurer, defined.

13-1610.
Insurer, defined.
Insurer shall mean an insurer as defined in section 44-103 which holds a certificate of authority to transact the business of insurance in this state.
Source
Laws 1991, LB 167, § 10.
2023 Nebraska Revised Statutes › Chapter 13 - Cities, Counties, and Other Political Subdivisions › 13-1613 - Self-funding or self-funded, defined.

13-1613.
Self-funding or self-funded, defined.
Self-funding or self-funded shall mean assumption of primary liability or responsibility for certain risks or benefits rather than transferring the liability or responsibility to some other entity and may include the deductible portion when a plan sponsor assumes some or all of the risk for the deductible of an insured plan.
Source
Laws 1991, LB 167, § 13.
2023 Nebraska Revised Statutes › Chapter 13 - Cities, Counties, and Other Political Subdivisions › 13-1614 - Political subdivision; employee benefit plans; requirements.

13-1614.
Political subdivision; employee benefit plans; requirements.
Any political subdivision may establish, participate in, and administer employee benefit plans for its employees or its employees and their dependents which will provide hospitalization, medical, surgical, dental, disability, and sickness and accident coverage or any one or more of such coverages. Such coverages shall be provided through self-funding in combination with excess insurance or through self-funding without excess insurance pursuant to subsection (4) of section 13-1622. Such coverages may include employee and dependent deductibles and copayments.
Source
Laws 1991, LB 167, § 14;
Laws 1999, LB 506, § 1.
Annotations
A county is not required to establish benefit plans for its employees which will provide medical coverage. Christiansen v. County of Douglas, 288 Neb. 564, 849 N.W.2d 493 (2014).
2023 Nebraska Revised Statutes › Chapter 13 - Cities, Counties, and Other Political Subdivisions › 13-1615 - Plan sponsor; use of self-funding; exemption from other laws.

13-1615.
Plan sponsor; use of self-funding; exemption from other laws.
(1) A plan sponsor shall not be considered an insurer under the laws of this state. The use of any self-funding by a plan sponsor shall not constitute transacting the business of insurance and shall not be subject to regulation by the Department of Insurance.
(2) A plan sponsor shall not be a member of the Nebraska Property and Liability Insurance Guaranty Association or the Nebraska Life and Health Insurance Guaranty Association. The Nebraska Property and Liability Insurance Guaranty Association Act and the Nebraska Life and Health Insurance Guaranty Association Act shall not be applicable to the self-funded portion of an employee benefit plan.
Source
Laws 1991, LB 167, § 15.
Cross References
Nebraska Life and Health Insurance Guaranty Association Act, see section 44-2720.
Nebraska Property and Liability Insurance Guaranty Association Act, see section 44-2418.
2023 Nebraska Revised Statutes › Chapter 13 - Cities, Counties, and Other Political Subdivisions › 13-1616 - Act; applicability.

13-1616.
Act; applicability.
The Political Subdivisions Self-Funding Benefits Act shall not apply to coverage for workers' compensation.
Source
Laws 1991, LB 167, § 16.
Cross References
Nebraska Workers' Compensation Act, see section 48-1,110.
2023 Nebraska Revised Statutes › Chapter 13 - Cities, Counties, and Other Political Subdivisions › 13-1617 - Governing body; self-funded portion of employee benefit plan; requirements; confidentiality; violations; penalty.

13-1617.
Governing body; self-funded portion of employee benefit plan; requirements; confidentiality; violations; penalty.
(1) The governing body of the plan sponsor shall approve the use of any self-funding for its employee benefit plan.
(2) The self-funded portion of an employee benefit plan shall comply with the Political Subdivisions Self-Funding Benefits Act. The self-funded portion of the employee benefit plan shall be solely for the benefit of the employees and dependents of the plan sponsor and shall not be pooled with the self-funded portion of an employee benefit plan of another plan sponsor.
(3) Each plan sponsor shall be liable for payment of valid claims under its employee benefit plan.
(4) The governing body of the plan sponsor shall annually review the self-funded portion of the employee benefit plan for compliance with section 13-1619.
(5) The plan sponsor shall keep confidential employee benefit plan information held by it which personally identifies employees and their dependents and the nature of any claims submitted by employees and their dependents. Any agent of the plan sponsor shall not use or disclose any such information to any person except to the extent necessary to administer claims or as otherwise authorized by law. No information regarding claims submitted by employees and their dependents and held by the plan sponsor shall be used directly or indirectly to alter the terms and conditions of employment of the employees. Any plan sponsor, member of its governing body, officer, employee, or agent who knowingly or willfully violates this subsection shall be guilty of a Class III misdemeanor.
Source
Laws 1991, LB 167, § 17.
2023 Nebraska Revised Statutes › Chapter 13 - Cities, Counties, and Other Political Subdivisions › 13-1618 - Plan sponsor; summary; contents.

13-1618.
Plan sponsor; summary; contents.
A plan sponsor shall provide each covered employee with a copy of a summary of the self-funded portion of the employee benefit plan. The summary shall contain a written description of the major provisions of the self-funded portion of the plan, including (1) a table of contents, (2) a description of benefits, (3) the funding arrangement, and (4) the claims and appeals procedures required by section 13-1623.
Source
Laws 1991, LB 167, § 18.
2023 Nebraska Revised Statutes › Chapter 13 - Cities, Counties, and Other Political Subdivisions › 13-1619 - Plan sponsor; accruals, reserves, and disbursements; requirements.

13-1619.
Plan sponsor; accruals, reserves, and disbursements; requirements.
(1) A plan sponsor shall establish accruals at a satisfactory level to provide funds to cover one hundred percent of expected claims, reserves as required in subsection (2) of this section, and expenses to operate the self-funded portion of the employee benefit plan. Accruals shall be reevaluated for adequacy at least annually. Accruals shall be funded through contributions by the plan sponsor or through a combination of contributions by the plan sponsor and employee. Accruals which become available during a month when claims are less than projected for that month shall be maintained and available for a month when claims exceed those projected for that month.
(2) A plan sponsor shall establish reserves for claims which have been incurred by covered employees and covered dependents under the self-funded portion of the employee benefit plan but which have not yet been presented for payment. The appropriate amount of the reserves shall be on an actuarially sound basis as determined by (a) an independent actuary or (b) an insurer.
(3) A plan sponsor shall establish a restricted and segregated fund exclusively for the deposit of monthly accruals and other assets pertaining to the self-funded portion of the employee benefit plan. As long as the self-funded portion of an employee benefit plan is in effect, all contributions shall be deposited as collected in the restricted and segregated fund.
(4) Disbursements from the restricted and segregated fund established pursuant to subsection (3) of this section may be made only for the following specified employee benefit plan expenses: (a) Payment of claims; (b) cost of insurance coverage; (c) payment of service fees applicable to employee benefit plan design, payment of claims, materials explaining benefits, actuarial assistance, legal assistance, and accounting assistance; (d) costs of employee wellness programs; and (e) other expenses directly related to the operation of the employee benefit plan. If the plan sponsor is a city of the metropolitan class and if such plan sponsor has a surplus in its restricted and segregated fund at the end of any fiscal year, such surplus may be treated and used as surplus funds in accordance with and pursuant to the city's home rule charter.
(5) If an employee benefit plan is discontinued, the plan sponsor shall maintain the restricted and segregated fund established pursuant to subsection (3) of this section for a period of one year from the date of discontinuation for payment of any claims which have not been filed. At the end of the one-year period, the funds shall no longer be restricted and segregated and may be returned to operational funds of the plan sponsor.
Source
Laws 1991, LB 167, § 19;
Laws 1995, LB 86, § 1.
2023 Nebraska Revised Statutes › Chapter 13 - Cities, Counties, and Other Political Subdivisions › 13-1620 - Governing body; annual report.

13-1620.
Governing body; annual report.
The governing body of a plan sponsor shall approve an annual report showing the beginning and ending balance of the fund established pursuant to section 13-1619, deposits of monthly accruals and other assets of the fund, and a separate accounting to reflect required reserves.
Source
Laws 1991, LB 167, § 20.
2023 Nebraska Revised Statutes › Chapter 13 - Cities, Counties, and Other Political Subdivisions › 13-1621 - Plan sponsor; contributions; when.

13-1621.
Plan sponsor; contributions; when.
If the fund established pursuant to section 13-1619 is not adequate to fully cover all disbursements under the self-funded portion of the employee benefit plan, the plan sponsor shall contribute funds from other sources so that the employee benefit plan continues to comply with the Political Subdivisions Self-Funding Benefits Act.
Source
Laws 1991, LB 167, § 21.
2023 Nebraska Revised Statutes › Chapter 13 - Cities, Counties, and Other Political Subdivisions › 13-1622 - Plan sponsor; obtain excess insurance; when.

13-1622.
Plan sponsor; obtain excess insurance; when.
(1) Except as provided in subsection (4) of this section, the plan sponsor shall obtain excess insurance which will limit the plan sponsor's total claims liability for each plan year to not more than one hundred twenty-five percent of the expected claims liability as projected by an independent actuary or insurer.
(2) If the expected claims liability of the self-funded portion of the employee benefit plan is exceeded, the plan sponsor shall fund such additional liability by (a) allocating necessary funds from the operating fund of the general fund, (b) setting up an additional reserve in the operating fund of the general fund, or (c) setting up the monthly accruals at a level to fund claims in excess of the expected claims liability.
(3) An insurer shall pay claims for which it is obligated under excess insurance within three months of the time the claims are paid by the plan sponsor.
(4) A city of the metropolitan or primary class or a county with a population of more than two hundred thousand may provide an employee benefit plan without excess insurance if the city or county obtains a determination from an independent actuary or insurer that excess insurance is not necessary to preserve the safety and soundness of the employee benefit plan.
Source
Laws 1991, LB 167, § 22;
Laws 2008, LB734, § 1.
2023 Nebraska Revised Statutes › Chapter 13 - Cities, Counties, and Other Political Subdivisions › 13-1623 - Self-funded portion of employee benefit plan; claim procedure; requirements.

13-1623.
Self-funded portion of employee benefit plan; claim procedure; requirements.
The self-funded portion of an employee benefit plan shall provide for the following:
(1) A written claim for benefits shall be furnished to the plan sponsor (a) in case of a claim for benefits which provide any periodic payment contingent upon continuing loss, within ninety days after the termination of the period for which the plan sponsor is liable and (b) in case of a claim for any other loss, within ninety days after the date of such loss. Failure to furnish such written claim within the time required shall not invalidate or reduce any claim if it was not reasonably possible to give proof within such time and if proof is furnished as soon as reasonably possible and in no event later than one year from the time proof is otherwise required except in the absence of legal capacity;
(2) Indemnities payable for any loss, other than loss for which periodic payment is provided, shall be paid immediately upon receipt of a written claim for benefits. All accrued indemnities for loss which provide periodic payment shall be paid at least monthly, and any balance remaining unpaid upon the termination of liability shall be paid immediately upon receipt of a written claim for benefits;
(3) If a claim remains unsettled, the plan sponsor shall send to the covered employee, covered dependent, or authorized representative a letter every ninety days. The letter shall set forth specific reasons additional time is needed for investigation; and
(4) If a claim is denied or partly denied, a written notice of the denial from the plan sponsor, together with specific reason for the denial, shall be sent to the covered employee, covered dependent, or authorized representative. A denial may be appealed directly to the plan sponsor within sixty days after receiving the notice. The plan sponsor shall inform a covered employee, covered dependent, or authorized representative of its decision within sixty days after receipt of written appeal unless an unusual circumstance requires an extension of time to investigate or consider the appeal. If an extension is needed, the plan sponsor shall inform the covered employee, covered dependent, or authorized representative of the reason and the additional time needed which shall not exceed an additional sixty days. If the claim is denied or partly denied by the plan sponsor, a claim denial may be further appealed pursuant to section 13-1625.
Source
Laws 1991, LB 167, § 23.
2023 Nebraska Revised Statutes › Chapter 13 - Cities, Counties, and Other Political Subdivisions › 13-1624 - Employee benefit plans; continuation of coverage; compliance with other laws; school district covered employees; rights.

13-1624.
Employee benefit plans; continuation of coverage; compliance with other laws; school district covered employees; rights.
(1) Employee benefit plans established pursuant to the Political Subdivisions Self-Funding Benefits Act shall comply with sections 44-1640 to 44-1645 relating to continuation of coverage if subject to such sections.
(2) If any covered employee of a plan sponsor which is a school district terminates employment with such plan sponsor and obtains employment with another plan sponsor which is a school district prior to October 1, 1994, such employee or such employee and any dependents shall not be subject to any preexisting condition period or other waiting period of the employee benefit plan of the plan sponsor with which such employment is obtained if both such plan sponsors have obtained excess insurance from the same insurer.
Source
Laws 1991, LB 167, § 24.
2023 Nebraska Revised Statutes › Chapter 13 - Cities, Counties, and Other Political Subdivisions › 13-1625 - Civil action to require compliance; attorney's fees; when.

13-1625.
Civil action to require compliance; attorney's fees; when.
(1) A covered employee or covered dependent may bring a civil action against a plan sponsor to require compliance with the Political Subdivisions Self-Funding Benefits Act and the self-funded portion of an employee benefit plan. When the covered employee or covered dependent brings an action against a plan sponsor, the court, upon rendering judgment against the plan sponsor, shall allow the plaintiff a reasonable sum as an attorney's fee in addition to the amount of his or her recovery, to be taxed as part of the costs. If such action is appealed, the appellate court shall allow a reasonable sum as an attorney's fee for the appeal if the plaintiff is successful.
(2) If the plaintiff fails to obtain judgment for more than may have been offered by such plan sponsor in accordance with section 25-901, the plaintiff shall not recover the attorney's fees provided in this section.
Source
Laws 1991, LB 167, § 25.
2023 Nebraska Revised Statutes › Chapter 13 - Cities, Counties, and Other Political Subdivisions › 13-1626 - Compliance with act; when required.

13-1626.
Compliance with act; when required.
Any political subdivision using self-funding to provide hospitalization, medical, surgical, and sickness and accident coverage or any one or more of such coverages for its employees or its employees and their dependents immediately prior to June 8, 1991, shall comply with the Political Subdivisions Self-Funding Benefits Act no later than December 31, 1991.
Source
Laws 1991, LB 167, § 26.
2023 Nebraska Revised Statutes › Chapter 13 - Cities, Counties, and Other Political Subdivisions › 13-1701 - Terms, defined.

13-1701.
Terms, defined.
For purposes of sections 13-1701 to 13-1714 and 76-2,119:
(1) Applicant shall mean any person as defined in section 81-1502 who is required to obtain a permit from the department for a solid waste disposal area or a solid waste processing facility but shall not include any person applying for renewal of such a permit or any person as defined in such section who proposes to dispose of waste which he or she generates on property which he or she owns as of January 1, 1991;
(2) Department shall mean the Department of Environment and Energy;
(3) Solid waste disposal area shall mean an area used for the disposal of solid waste from more than one residential premises or from one or more recreational, commercial, industrial, manufacturing, or governmental operations; and
(4) Solid waste processing facility shall mean an incinerator or a compost plant receiving material, other than yard waste, in quantities greater than one thousand cubic yards annually.
Source
Laws 1991, LB 813, § 1;
Laws 1992, LB 1257, § 59;
Laws 2019, LB302, § 15.
2023 Nebraska Revised Statutes › Chapter 13 - Cities, Counties, and Other Political Subdivisions › 13-1702 - Request for siting approval.

13-1702.
Request for siting approval.
Prior to submitting an application to the department for a solid waste disposal area or solid waste processing facility, the applicant shall submit a request for siting approval to the city council, village board of trustees, or county board of commissioners or supervisors which governs the city, village, or county in which the proposed site is to be located. The city council, village board, or county board shall approve or disapprove the site for each solid waste disposal area or solid waste processing facility.
Source
Laws 1991, LB 813, § 2.
2023 Nebraska Revised Statutes › Chapter 13 - Cities, Counties, and Other Political Subdivisions › 13-1703 - Criteria.

13-1703.
Criteria.
An applicant for siting approval shall submit information to the city council, village board of trustees, or county board of commissioners or supervisors to demonstrate compliance with the requirements of this section regarding a solid waste disposal area or solid waste processing facility. Siting approval shall be granted only if the proposed area or facility meets all of the following criteria:
(1) The solid waste disposal area or solid waste processing facility is necessary to accommodate the solid waste management needs of the area which the solid waste disposal area or solid waste processing facility is intended to serve;
(2) The solid waste disposal area or solid waste processing facility is designed, located, and proposed to be operated so that the public health, safety, and welfare will be protected. The applicant shall provide an evaluation of the potential for adverse health effects that could result from exposure to pollution, in any form, due to the proper or improper construction, operation, or closure of the proposed solid waste disposal area or solid waste processing facility;
(3) The solid waste disposal area or solid waste processing facility is located so as to minimize incompatibility with the character of the surrounding area and to minimize the effect on the value of the surrounding property. The city council, village board, or county board shall consider the advice of the appropriate planning commission regarding the application;
(4) The plan of operations for the solid waste disposal area or solid waste processing facility is designed to minimize the danger to the surrounding area from fire, spills, or other operational accidents;
(5) The traffic patterns to or from the solid waste disposal area or solid waste processing facility are designed to minimize the impact on existing traffic flows; and
(6) Information regarding the previous operating experience of a private agency applicant and its subsidiaries or parent corporation in the area of solid waste management or related activities are made available to the city council, village board, or county board. If a corporation, a parent company or subsidiary thereof, or any officer or board member of the corporation or the parent company or subsidiary applying for approval has been convicted of a felony within ten years of the date the application is filed, site approval shall not be granted.
Source
Laws 1991, LB 813, § 3;
Laws 1992, LB 1257, § 60.
2023 Nebraska Revised Statutes › Chapter 13 - Cities, Counties, and Other Political Subdivisions › 13-1704 - Notice to property owners; publication; failure to notify; effect.

13-1704.
Notice to property owners; publication; failure to notify; effect.
No later than fourteen days prior to a request for siting approval, the applicant shall cause written notice of the request for siting approval to be served either in person or by registered or certified mail on the owners of all property within the proposed site area not solely owned by the applicant and on the owners of all property within one thousand feet in each direction of the lot line of the proposed site if the proposed site is inside or within three miles of the corporate limits of a city or village or on the owners of all property within two miles in each direction of the lot line of the proposed site for all other proposed sites. The owners shall be identified based upon the tax records of the county in which the proposed site is located.
Written notice shall be published in a newspaper of general circulation in the county in which the proposed site is located. The notice shall state the name and address of the applicant, the location of the proposed site, the nature and size of the solid waste disposal area or solid waste processing facility, the probable life of the proposed solid waste disposal area or solid waste processing facility, the date when the request for siting approval will be submitted, and a description of the right of persons to comment on the request.
Failure to notify all landowners and failure to include all information in the publicized notice as required by this section shall not be considered noncompliance if a good faith effort at notice was made by the applicant which results in actual notice to substantially all parties required to be notified.
Source
Laws 1991, LB 813, § 4;
Laws 1992, LB 1257, § 61.
2023 Nebraska Revised Statutes › Chapter 13 - Cities, Counties, and Other Political Subdivisions › 13-1705 - Request for siting approval; filing requirements; comments.

13-1705.
Request for siting approval; filing requirements; comments.
An applicant shall file a copy of its request for siting approval with the city council, village board of trustees, or county board of commissioners or supervisors of the city, village, or county in which the proposed site is located. The request shall include the substance of the applicant's proposal and all documents, if any, submitted as of that date to the department pertaining to the proposed solid waste disposal area or solid waste processing facility. All documents or other materials pertaining to the proposed area or facility on file with the city council, village board, or county board shall be made available for public inspection at the office of the city council, village board, or county board and may be copied upon payment of a fee in an amount equal to the actual cost of reproduction.
Any person may file written comment with the city council, village board, or county board concerning the appropriateness of the proposed site for its intended purpose. Such comment shall be postmarked not later than thirty days after the date of the last public hearing held pursuant to section 13-1706 and shall be included in the record of the public hearing.
Source
Laws 1991, LB 813, § 5.
2023 Nebraska Revised Statutes › Chapter 13 - Cities, Counties, and Other Political Subdivisions › 13-1706 - Public hearing; procedure.

13-1706.
Public hearing; procedure.
At least one public hearing shall be held by the city council, village board of trustees, or county board of commissioners or supervisors no sooner than ninety days but no later than one hundred twenty days after receipt of the request for siting approval. A hearing shall be preceded by published notice in a newspaper of general circulation in the county, city, or village in which the proposed site is located. The public hearing shall develop a record sufficient to form the basis of an appeal of the decision.
Source
Laws 1991, LB 813, § 6.
2023 Nebraska Revised Statutes › Chapter 13 - Cities, Counties, and Other Political Subdivisions › 13-1707 - Final action; when required; amended application.

13-1707.
Final action; when required; amended application.
Final action shall be taken by the city council, village board, or county board within one hundred eighty days after the filing of the request for site approval.
At any time prior to completion by the applicant of the presentation of the applicant's factual evidence and an opportunity for questioning by the city council, village board, or county board and members of the public, the applicant may file not more than one amended application upon payment of additional fees pursuant to section 13-1710. The time limitations prescribed in sections 13-1706 and 13-1708 for final action on an amended application shall be extended for an additional ninety days.
Source
Laws 1991, LB 813, § 7.
2023 Nebraska Revised Statutes › Chapter 13 - Cities, Counties, and Other Political Subdivisions › 13-1708 - Construction commencement date.

13-1708.
Construction commencement date.
Construction of a solid waste disposal area or solid waste processing facility which is granted siting approval pursuant to sections 13-1701 to 13-1714 and 76-2,119 shall commence within two calendar years from the date approval was granted, or the approval shall be nullified. If the siting decision is appealed, the two-year period shall begin on the date upon which the appeal process is concluded.
Source
Laws 1991, LB 813, § 8.
2023 Nebraska Revised Statutes › Chapter 13 - Cities, Counties, and Other Political Subdivisions › 13-1709 - Procedures; exclusive.

13-1709.
Procedures; exclusive.
The siting approval procedures, criteria, and appeal procedures provided for in sections 13-1701 to 13-1714 shall be the exclusive siting procedures and appeal procedures. Local zoning ordinances, other local land-use requirements, and other ordinances or resolutions shall be considered in such siting decisions.
Source
Laws 1991, LB 813, § 9;
Laws 1992, LB 1257, § 62.
Annotations
Because this section provides that the siting approval procedures, criteria, and appeal procedures provided for in sections 13-1701 to 13-1714 shall be the exclusive siting procedures and appeal procedures, the Administrative Procedure Act is inapplicable. The standard of review is to search only for errors appearing in the record. The district court determines whether the decision conforms to law, is supported by competent and relevant evidence, and is not arbitrary, capricious, or unreasonable. Tri-County Landfill v. Board of Cty. Comrs., 247 Neb. 350, 526 N.W.2d 668 (1995).
2023 Nebraska Revised Statutes › Chapter 13 - Cities, Counties, and Other Political Subdivisions › 13-1710 - Fee.

13-1710.
Fee.
A city council, village board of trustees, or county board of commissioners or supervisors shall charge an applicant for siting approval a fee in an amount equal to the reasonable and necessary costs incurred by the city, village, or county in the siting approval process.
Source
Laws 1991, LB 813, § 10.
2023 Nebraska Revised Statutes › Chapter 13 - Cities, Counties, and Other Political Subdivisions › 13-1711 - Reapplication; restriction.

13-1711.
Reapplication; restriction.
An applicant shall not file a request for siting approval which is substantially the same as a request which was denied within the immediately preceding two years.
Source
Laws 1991, LB 813, § 11.
2023 Nebraska Revised Statutes › Chapter 13 - Cities, Counties, and Other Political Subdivisions › 13-1712 - Disapproval; hearing before district court.

13-1712.
Disapproval; hearing before district court.
If the city council, village board of trustees, or county board of commissioners or supervisors does not approve a request for siting approval pursuant to sections 13-1701 to 13-1714 and 76-2,119, the applicant, within sixty days after notice of the decision, may petition for a hearing before the district court of the county in which the proposed site is located to contest the decision. The city council, village board, or county board shall appear as respondent in the hearing. At the hearing, the burden of proof shall be on the petitioner. In making its orders and determinations under this section, the district court shall consider the written decision and reasons for the decision of the city council, village board, or county board and the transcribed record of the hearing held pursuant to section 13-1706. The district court shall transmit a copy of its decision to the office of the city council, village board, or county board where it shall be available for public inspection and may be copied upon payment of a fee in an amount equal to the actual cost of reproduction. Final action by the district court shall be taken within one hundred twenty days.
Source
Laws 1991, LB 813, § 12.
Annotations
A district court order setting aside, annulling, vacating, or reversing a siting approval decision in a review pursuant to this section is a final order. Butler Cty. Landfill v. Butler Cty. Bd. of Supervisors, 299 Neb. 422, 908 N.W.2d 661 (2018).
A failure to comply with the requirement under this section to petition for a hearing before the district court within 60 days after notice of the siting body's decision deprives the district court of jurisdiction to review a siting approval decision. Butler Cty. Landfill v. Butler Cty. Bd. of Supervisors, 299 Neb. 422, 908 N.W.2d 661 (2018).
2023 Nebraska Revised Statutes › Chapter 13 - Cities, Counties, and Other Political Subdivisions › 13-1713 - Approval; contest; hearing before district court.

13-1713.
Approval; contest; hearing before district court.
If the city council, village board of trustees, or county board of commissioners or supervisors grants approval pursuant to sections 13-1701 to 13-1714 and 76-2,119, a third party other than the applicant who participated in the public hearing may petition the district court of the county in which the proposed site is located within sixty days after the filing of the written decision by the city council, village board, or county board for a hearing to contest the approval. Unless the district court determines that the petition is duplicitous or frivolous, the district court shall hear the petition in accordance with the procedures prescribed in section 13-1712. The burden of proof shall be on the petitioner, and the city council, village board, or county board and the applicant shall be named as correspondents.
The district court shall transmit a copy of its decision to the office of the city council, village board, or county board where it shall be available for public inspection and may be copied upon payment of a fee in an amount equal to the actual cost of reproduction.
Source
Laws 1991, LB 813, § 13.
2023 Nebraska Revised Statutes › Chapter 13 - Cities, Counties, and Other Political Subdivisions › 13-1714 - Approval; contest; filing fee.

13-1714.
Approval; contest; filing fee.
Any person who files a petition with the district court to contest a decision of the city council, village board of trustees, or county board of commissioners or supervisors shall pay the required filing fee.
Source
Laws 1991, LB 813, § 14.
2023 Nebraska Revised Statutes › Chapter 13 - Cities, Counties, and Other Political Subdivisions › 13-1801 - Officers and employees; action against; defense; payment of judgment; liability insurance.

13-1801.
Officers and employees; action against; defense; payment of judgment; liability insurance.
If any legal action shall be brought against any municipal police officer, constable, county sheriff, deputy sheriff, firefighter, emergency care provider, or other elected or appointed official of any political subdivision, who is an employee as defined in section 48-115, whether such person is a volunteer or partly paid or fully paid, based upon the negligent error or omission of such person while in the performance of his or her lawful duties, the political subdivision which employs, appoints, or otherwise designates such person an employee as defined in section 48-115 shall defend him or her against such action, and if final judgment is rendered against such person, such political subdivision shall pay such judgment in his or her behalf and shall have no right to restitution from such person.
A political subdivision shall have the right to purchase insurance to indemnify itself in advance against the possibility of such loss under this section, and the insurance company shall have no right of subrogation against the person. This section shall not be construed to permit a political subdivision to pay for a judgment obtained against a person as a result of illegal acts committed by such person.
Source
Laws 1972, LB 1278, § 1;
Laws 1973, LB 487, § 1;
R.R.S.1943, § 28-844, (1975);
R.S.1943, (1989), § 28-1417;
Laws 1992, LB 28, § 1;
Laws 1997, LB 138, § 32;
Laws 2020, LB1002, § 2.
Annotations
The clear language of this section limits its scope to the defense of civil actions for damages based upon negligent error or omission on the part of certain public officials and has no application to the defense of criminal charges. Guenzel-Handlos v. County of Lancaster, 265 Neb. 125, 655 N.W.2d 384 (2003).
2023 Nebraska Revised Statutes › Chapter 13 - Cities, Counties, and Other Political Subdivisions › 13-1802 - Law enforcement activity; insurance required.

13-1802.
Law enforcement activity; insurance required.
Each political subdivision shall self-insure or contract for insurance against liability for personal injuries or property damage that may be incurred by it or by its personnel as a result of law enforcement activity within or without its primary jurisdiction.
Source
Laws 1994, LB 254, § 2.
2023 Nebraska Revised Statutes › Chapter 13 - Cities, Counties, and Other Political Subdivisions › 13-1901 - Nebraska planning and development regions; created.

13-1901.
Nebraska planning and development regions; created.
(1) There are hereby created nine Nebraska planning and development regions as follows:
(a) Region 1 includes the counties of Sioux, Dawes, Sheridan, Box Butte, Scotts Bluff, Morrill, Garden, Banner, Kimball, Cheyenne, and Deuel;
(b) Region 2 includes the counties of Cherry, Keya Paha, Boyd, Brown, Rock, Holt, Blaine, Loup, Garfield, Wheeler, Custer, Valley, Greeley, and Sherman;
(c) Region 3 includes the counties of Grant, Hooker, Thomas, Arthur, McPherson, Logan, Keith, Lincoln, Perkins, Dawson, Chase, Hayes, Frontier, Gosper, Dundy, Hitchcock, Red Willow, and Furnas;
(d) Region 4 includes the counties of Howard, Merrick, Buffalo, Hall, Hamilton, Phelps, Kearney, Adams, Clay, Harlan, Franklin, Webster, and Nuckolls;
(e) Region 5 includes the counties of Knox, Cedar, Dixon, Antelope, Pierce, Wayne, Thurston, Boone, Madison, Stanton, Cuming, Burt, Platte, Colfax, Dodge, and Nance;
(f) Region 6 includes the counties of Polk, Butler, Saunders, York, Seward, Fillmore, Saline, Otoe, Thayer, Jefferson, Gage, Johnson, Nemaha, Pawnee, and Richardson;
(g) Region 7 includes the county of Lancaster;
(h) Region 8 includes the counties of Washington, Douglas, Sarpy, and Cass; and
(i) Region 9 includes the county of Dakota.
(2) In order to facilitate development of a process which will allow for future changes to the boundaries of the Nebraska planning and development regions, until July 1, 2020, a county, city, village, or development district shall not engage in negotiations to change the boundaries of the planning and development regions. This subsection does not prohibit negotiations relating to implementation of the changes to the boundaries made by Laws 2019, LB334.
Source
Laws 1992, LB 573, § 1;
Laws 2019, LB334, § 1.
2023 Nebraska Revised Statutes › Chapter 13 - Cities, Counties, and Other Political Subdivisions › 13-1902 - Development districts; formation; local government, defined.

13-1902.
Development districts; formation; local government, defined.
(1) Within a Nebraska planning and development region, a development district may be formed as a voluntary association by agreement pursuant to the Interlocal Cooperation Act in one of the following ways if the combined membership of the association includes at least fifty-one percent of the local governments in the region:
(a) By local governments within the region; or
(b) By two or more regional councils, each of which is a voluntary association of local governments in the region formed by agreement pursuant to the act between the governing bodies of such governments, the membership of which association does not include at least fifty-one percent of the local governments located in the region.
(2) For purposes of this section and sections 13-1903 to 13-1906, local government shall mean a county, city, or village.
Source
Laws 1992, LB 573, § 2.
Cross References
Interlocal Cooperation Act, see section 13-801.
2023 Nebraska Revised Statutes › Chapter 13 - Cities, Counties, and Other Political Subdivisions › 13-1903 - Development district; policy board.

13-1903.
Development district; policy board.
Each development district formed pursuant to section 13-1902 shall be governed by a policy board, as described in the development district's interlocal cooperation agreement or bylaws, which shall be the board, body, or persons in which the powers of the local governments forming the development district are vested under the agreement for the purpose of governing the development district.
Source
Laws 1992, LB 573, § 3.
2023 Nebraska Revised Statutes › Chapter 13 - Cities, Counties, and Other Political Subdivisions › 13-1904 - Development district; duties.

13-1904.
Development district; duties.
A development district shall, as directed by its policy board, serve as a regional resource center and provide planning, community and economic development, and technical assistance to local governments which are members of the district and may provide assistance to industrial development organizations, tourism promotion organizations, community development groups, and similar organizations upon request.
Source
Laws 1992, LB 573, § 4.
2023 Nebraska Revised Statutes › Chapter 13 - Cities, Counties, and Other Political Subdivisions › 13-1905 - Development districts; certification for funding.

13-1905.
Development districts; certification for funding.
If state funding is available for distribution pursuant to section 13-1906, the Department of Economic Development shall certify development districts for funding eligibility. Certification shall be based on the following requirements:
(1) The development district shall be formed as provided in section 13-1902;
(2) The development district shall have a staff which shall at a minimum include a full-time director to provide assistance to the local governments which are members of the development district; and
(3) The agreement creating the development district shall insure that all of the local governments within the Nebraska planning and development region may at any time join in the development district.
Source
Laws 1992, LB 573, § 5;
Laws 2015, LB661, § 25.
2023 Nebraska Revised Statutes › Chapter 13 - Cities, Counties, and Other Political Subdivisions › 13-1906 - Distribution of financial assistance.

13-1906.
Distribution of financial assistance.
(1) The Department of Economic Development shall distribute financial assistance from the state, if available, to the various development districts as they are certified in the manner prescribed in subsection (2) of this section.
(2)(a) Fifty percent of the total sum allocated shall be divided equally among the certified development districts. In certified districts formed by regional councils, funds may be prorated among the cooperating regional councils based upon a formula approved by the governing boards of each of the cooperating regional councils and accepted by the department.
(b) Twenty percent of the total sum allocated shall be divided among the certified development districts based upon their proportional share of the population of all certified development districts in the state. For purposes of this subdivision, population shall mean the number of residents as shown by the latest federal decennial census, except that the population of a county shall mean the number of residents in the unincorporated areas of the county.
(c) Thirty percent of the total sum allocated shall be divided among the certified development districts based upon their proportional share of the local governments located within all certified development districts.
(3) Distributions to newly certified development districts shall not reduce financial assistance to previously funded development districts. State financial assistance shall not exceed the total local dollars received by the development district as verified by the department. For purposes of this subsection, local dollars received shall mean the total local dues received by a development district from any local government as a condition of membership in a development district.
Source
Laws 1992, LB 573, § 6;
Laws 2015, LB661, § 26.