reglab/statecodes huggingface dataset:
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-8,236 - Correctional institution incident; costs of prosecution; claim by county; Risk Manager; powers and duties.

81-8,236.
Correctional institution incident; costs of prosecution; claim by county; Risk Manager; powers and duties.
(1) For purposes of this section:
(a) Correctional institution incident means an incident in which a crime or crimes are allegedly committed by one or more inmates confined in a state correctional institution;
(b) Costs of prosecution includes, but is not limited to, the costs of defense for indigent defendants, including attorney's fees and expert witness fees;
(c) Division means the risk management and state claims division of the Department of Administrative Services; and
(d) Threshold amount means the amount of property tax revenue raised by a county from a levy of two and one-half cents per one hundred dollars of taxable valuation of property subject to the levy. The threshold amount shall be determined using valuations for the year in which the correctional institution incident occurred.
(2) A county may file a claim with the division to recover the costs of prosecution relating to a correctional institution incident that occurs within the county. The county may recover only those costs that exceed the threshold amount for such county.
(3) The Risk Manager shall have the power and authority to receive claims, investigate claims, and otherwise carry out the responsibilities of this section. The division shall develop a claim form, publish claim procedures, and determine the supporting information required to perfect a claim.
(4) The Risk Manager shall submit claims received under this section to the Legislature in the same manner as provided in the State Miscellaneous Claims Act. The Legislature shall review the claim and make an appropriation for the claim if appropriate.
(5) This section shall apply to any correctional institution incident occurring on or after May 1, 2015. Claims described in this section shall have no time bar to recovery.
Source
Laws 2018, LB861, § 1.
Cross References
State Miscellaneous Claims Act, see section 81-8,294.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-8,239.03 - Risk Manager; present budget request; contents; deficiency appropriation; procedure; investment.

81-8,239.03.
Risk Manager; present budget request; contents; deficiency appropriation; procedure; investment.
The Risk Manager shall present a budget request as provided in subdivision (1) of section 81-1113 for the Risk Management Program which shall separately state the amount requested for the Tort Claims Fund, State Insurance Fund, State Self-Insured Property Fund, State Self-Insured Indemnification Fund, and Workers' Compensation Claims Revolving Fund, and such budget shall be based on the projected needs for such funds. If the Risk Manager does not assess state agencies for any of the funds listed in this section, the amount of expenditures paid from the fund on behalf of any non-general-fund agency shall be separately stated and paid into the funds from an appropriation to such non-general-fund agency. If the amount of money in any of such funds is not sufficient to pay any awards or judgments authorized by sections 48-192 to 48-1,109 or the State Tort Claims Act, the Risk Manager shall immediately advise the Legislature and request an emergency appropriation to satisfy such awards and judgments. Any money in such funds available for investment shall be invested by the state investment officer pursuant to the Nebraska Capital Expansion Act and the Nebraska State Funds Investment Act.
Source
Laws 1981, LB 273, § 25;
Laws 1986, LB 811, § 145;
Laws 1988, LB 864, § 57;
Laws 1994, LB 1211, § 5;
Laws 1995, LB 7, § 112;
Laws 2007, LB256, § 9;
Laws 2016, LB1092, § 3.
Cross References
Nebraska Capital Expansion Act, see section 72-1269.
Nebraska State Funds Investment Act, see section 72-1260.
State Tort Claims Act, see section 81-8,235.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-8,239.04 - Money or property recovered by state; disposition.

81-8,239.04.
Money or property recovered by state; disposition.
All money or property recovered by or returned to the state, including but not limited to dividends, money recovered pursuant to litigation, or the salvage value of damaged property for damages relating to either a liability or property loss for which money from the State Insurance Fund, State Self-Insured Property Fund, State Self-Insured Indemnification Fund, State Self-Insured Liability Fund, Workers' Compensation Claims Revolving Fund, or Tort Claims Fund has been paid, shall be deposited in the respective fund, except that such money or property recovered under the terms of an insurance policy, the premiums for which were paid solely by a cash fund agency and purchased at its request, shall be deposited in the respective cash fund.
Source
Laws 1981, LB 273, § 26;
Laws 1986, LB 811, § 146;
Laws 1994, LB 1211, § 6;
Laws 2007, LB256, § 10.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-8,239.05 - Indemnification of state officials and employees; when; Attorney General; duties; attorney's fees; report.

81-8,239.05.
Indemnification of state officials and employees; when; Attorney General; duties; attorney's fees; report.
(1) The State of Nebraska shall indemnify its officials and employees and its past officials and employees for money damages and reasonable costs incurred as a result of an act or omission occurring in the course and scope of employment of such official or employee after May 22, 1981. Such official's or employee's right to indemnification shall include the payments of awards, settlements, and associated costs, including appeal bonds and reasonable costs and attorney's fees associated with a required appearance by agency legal counsel or other legal counsel hired, with prior approval of the Attorney General, to represent the agency, official, or employee before any tribunal.
(2) Subsection (1) of this section shall not apply in case of malfeasance in office or willful or wanton neglect of duty. This section shall not be interpreted as an expansion of any state official's or employee's personal liability.
(3) The Attorney General shall notify the Risk Manager when an official or employee is being represented by the Attorney General or has engaged competent counsel approved by the Attorney General. The reasonable costs of litigation, including appeal bonds, or the reasonable costs and attorney's fees of any appearance by agency legal counsel or other legal counsel hired, with prior approval of the Attorney General, to represent the agency, official, or employee before any tribunal shall be paid by the Risk Manager from the State Self-Insured Indemnification Fund.
(4) The Attorney General shall file copies of all awards and settlements and any final court approval with the Risk Manager and shall request that the Risk Manager make the required payments, if funds are available, from the State Self-Insured Indemnification Fund, except that any portion of an award or settlement which is for punitive damages may only be paid with the approval of the Legislature. The official or employee may file a claim under the State Miscellaneous Claims Act if payment is not made.
(5) The Risk Manager shall report electronically all claims and judgments paid from the State Self-Insured Indemnification Fund to the Clerk of the Legislature annually. The report shall include the name of the claimant, the amount claimed and paid, and a brief description of the claim, including any agency, program, and activity under which the claim arose. Any member of the Legislature may receive an electronic copy of the report by making a request to the Risk Manager.
Source
Laws 1981, LB 273, § 27;
Laws 1986, LB 1208, § 3;
Laws 1989, LB 77, § 3;
Laws 2007, LB256, § 11;
Laws 2012, LB782, § 176;
Laws 2022, LB922, § 10.
Cross References
State Miscellaneous Claims Act, see section 81-8,294.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-8,239.07 - Risk Manager; self-insure; risk management services; procure insurance; amount of protection; premium; payments.

81-8,239.07.
Risk Manager; self-insure; risk management services; procure insurance; amount of protection; premium; payments.
The Risk Manager, acting as agent for the state agencies, may (1) self-insure and contract for related risk management services, (2) purchase a liability insurance policy or policies, or (3) use any combination of self-insurance and insurance to protect the agencies and their employees and other persons authorized to operate a vehicle by an agency against loss occasioned by negligence in the operation of any trucks, automobiles, snowplows, road graders, or other vehicles. Any such policy shall be purchased by public bidding conducted by the Risk Manager upon terms and forms prepared by him or her and shall have limits for death, bodily injury, and property damage that are the same as would be required by law for a private individual. The premium on the policy or policies shall be paid by the Risk Manager from the State Insurance Fund created in section 81-8,239.02. The Risk Manager shall authorize and administer the payment of self-insured losses and payment for risk management services from the State Insurance Fund, State Self-Insured Property Fund, State Self-Insured Indemnification Fund, or State Self-Insured Liability Fund as appropriate.
Source
Laws 1967, c. 379, § 2, p. 1190;
Laws 1969, c. 756, § 32, p. 2854;
Laws 1969, c. 513, § 2, p. 2102;
Laws 1981, LB 273, § 16;
R.S.1943, (1988), § 60-1008;
Laws 1989, LB 326, § 1;
Laws 2007, LB256, § 12.
Annotations
This section evidences general legislative policy to accept public financial responsibility in area of automobile accidents. Brown v. City of Omaha, 183 Neb. 430, 160 N.W.2d 805 (1968).
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-8,239.08 - Civil action against provider of medical or dental services; Attorney General; represent; indemnification of provider.

81-8,239.08.
Civil action against provider of medical or dental services; Attorney General; represent; indemnification of provider.
Any person who, at the request of the director of a state agency, provides medical or dental services to a person in the custody of the state may be represented by the Attorney General in the same manner as a state officer or employee under sections 81-8,239.05 and 81-8,239.06 in any civil action under the federal Civil Rights Act of 1871, as amended, 42 U.S.C. 1983, which arose as a result of providing such services. A person providing such services shall also be indemnified for liability for violations of civil rights in the same manner as a state officer or employee under section 81-8,239.05.
Source
Laws 1992, LB 560, § 1.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-8,239.09 - Risk Management Administration Cash Fund; created; use; investment.

81-8,239.09.
Risk Management Administration Cash Fund; created; use; investment.
There is hereby created the Risk Management Administration Cash Fund. The fund shall be administered by the Risk Manager. The fund shall consist of miscellaneous fees for services provided by the Risk Manager and shall be used to pay for expenses of the risk management and state claims program.
Any money in the fund available for investment shall be invested by the state investment officer pursuant to the Nebraska Capital Expansion Act and the Nebraska State Funds Investment Act.
Source
Laws 1994, LB 1211, § 1;
Laws 1995, LB 7, § 113.
Cross References
Nebraska Capital Expansion Act, see section 72-1269.
Nebraska State Funds Investment Act, see section 72-1260.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-8,239.11 - Settlements and judgments; state agency; Attorney General; filing required; insufficient funds; Risk Manager; duties.

81-8,239.11.
Settlements and judgments; state agency; Attorney General; filing required; insufficient funds; Risk Manager; duties.
A state agency head shall file copies of all settlements, and a state agency head or the Attorney General shall file copies of all final, nonappealable judgments, of all self-insured liability claims with the Risk Manager. If the state agency has insufficient funds to pay the settlement or judgment, the state agency shall notify and provide documentation of such insufficient funds to the Risk Manager. The Risk Manager shall then submit the settlement or judgment to the Legislature in the same manner as provided in the State Miscellaneous Claims Act. The Legislature shall review the settlement or judgment and make an appropriation if appropriate.
Source
Laws 2007, LB256, § 7;
Laws 2022, LB922, § 11.
Cross References
State Miscellaneous Claims Act, see section 81-8,294.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-8,240 - Terms, defined.

81-8,240.
Terms, defined.
As used in sections 81-8,240 to 81-8,254, unless the context otherwise requires:
(1) Administrative agency shall mean any department, board, commission, or other governmental unit, any official, any employee of the State of Nebraska acting or purporting to act by reason of connection with the State of Nebraska, any corporation, partnership, business, firm, governmental entity, or person who is providing health and human services to individuals or service delivery, service coordination, or case management under contract with the State of Nebraska and who is subject to the jurisdiction of the office of Public Counsel as required by section 73-401, any regional behavioral health authority, any community-based behavioral health services provider that contracts with a regional behavioral health authority, and any county or municipal correctional or jail facility and employee thereof acting or purporting to act by reason of connection with the county or municipal correctional or jail facility; but shall not include (a) any court, (b) any member or employee of the Legislature or the Legislative Council, (c) the Governor or his or her personal staff, (d) any political subdivision or entity thereof except a county or municipal correctional or jail facility or a regional behavioral health authority, (e) any instrumentality formed pursuant to an interstate compact and answerable to more than one state, or (f) any entity of the federal government; and
(2) Administrative act shall include every action, rule, regulation, order, omission, decision, recommendation, practice, or procedure of an administrative agency.
Source
Laws 1969, c. 762, § 1, p. 2879;
Laws 1997, LB 622, § 121;
Laws 2008, LB467, § 1;
Laws 2012, LB821, § 41.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-8,241 - Public Counsel; established; powers and duties; appointment.

81-8,241.
Public Counsel; established; powers and duties; appointment.
The office of Public Counsel is hereby established to exercise the authority and perform the duties provided by sections 81-8,240 to 81-8,254, the Office of Inspector General of Nebraska Child Welfare Act, and the Office of Inspector General of the Nebraska Correctional System Act. The Public Counsel shall be appointed by the Legislature, with the vote of two-thirds of the members required for approval of such appointment from nominations submitted by the Executive Board of the Legislative Council.
Source
Laws 1969, c. 762, § 2, p. 2879;
Laws 2012, LB821, § 42;
Laws 2015, LB598, § 19.
Cross References
Office of Inspector General of Nebraska Child Welfare Act, see section 43-4301.
Office of Inspector General of the Nebraska Correctional System Act, see section 47-901.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-8,242 - Public Counsel; qualifications.

81-8,242.
Public Counsel; qualifications.
The Public Counsel shall be a person well equipped to analyze problems of law, administration, and public policy, and during such person's term of office shall not be actively involved in partisan affairs. No person may serve as Public Counsel within two years of the last day on which such person served as a member of the Legislature, or while such person is a candidate for or holds any other state office, or while such person is engaged in any other occupation for reward or profit.
Source
Laws 1969, c. 762, § 3, p. 2879;
Laws 2020, LB1144, § 5.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-8,243 - Public Counsel; term; removal; vacancy; salary.

81-8,243.
Public Counsel; term; removal; vacancy; salary.
The Public Counsel shall serve for a term of six years, unless removed by vote of two-thirds of the members of the Legislature upon their determining that the Public Counsel has become incapacitated or has been guilty of neglect of duty or misconduct. If the office of Public Counsel becomes vacant for any cause, the deputy public counsel shall serve as acting public counsel until a Public Counsel has been appointed for a full term. The Public Counsel shall receive such salary as is set by the Executive Board of the Legislative Council.
Source
Laws 1969, c. 762, § 4, p. 2880;
Laws 2020, LB1144, § 6.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-8,246 - Public Counsel; particular administrative acts; review.

81-8,246.
Public Counsel; particular administrative acts; review.
In selecting matters for attention, the Public Counsel shall particularly review an administrative act that might be:
(1) Contrary to law or regulation;
(2) Unreasonable, unfair, oppressive, or inconsistent with the general course of an administrative agency's judgments;
(3) Mistaken in law or arbitrary in ascertainments of fact;
(4) Improper in motivation or based on irrelevant considerations;
(5) Unclear or inadequately explained when reasons should have been revealed; or
(6) Inefficiently performed.
The Public Counsel may also work to strengthen procedures and practices which lessen the risk that objectionable administrative acts will occur.
Source
Laws 1969, c. 762, § 7, p. 2881;
Laws 2020, LB1144, § 7.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-8,247 - Public Counsel; complaint; investigation; decision; notify complainant.

81-8,247.
Public Counsel; complaint; investigation; decision; notify complainant.
The Public Counsel may receive a complaint from any person concerning an administrative act. The Public Counsel shall conduct a suitable investigation into the things complained of unless the Public Counsel believes that:
(1) The complainant has another remedy available which the complainant could reasonably be expected to use;
(2) The grievance pertains to a matter outside the Public Counsel's power;
(3) The complainant's interest is insufficiently related to the subject matter;
(4) The complaint is trivial, frivolous, vexatious, or not made in good faith;
(5) Other complaints are more worthy of attention;
(6) The Public Counsel's resources are insufficient for adequate investigation; or
(7) The complaint has been too long delayed to justify present examination of its merit.
The Public Counsel's declining to investigate a complaint shall not bar the Public Counsel from proceeding on the Public Counsel's own motion to inquire into related problems. After completing consideration of a complaint, whether or not it has been investigated, the Public Counsel shall suitably inform the complainant and the administrative agency involved.
Source
Laws 1969, c. 762, § 8, p. 2882;
Laws 2020, LB1144, § 8.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-8,248 - Public Counsel; complaint; conclusion or recommendation; consult with agency or person.

81-8,248.
Public Counsel; complaint; conclusion or recommendation; consult with agency or person.
Before announcing a conclusion or recommendation that expressly or impliedly criticizes an administrative agency or any person, the Public Counsel shall consult with that agency or person.
Source
Laws 1969, c. 762, § 9, p. 2882.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-8,249 - Public Counsel; agency; information; recommendations.

81-8,249.
Public Counsel; agency; information; recommendations.
(1) If, having considered a complaint and whatever material the Public Counsel deems pertinent, the Public Counsel is of the opinion that an administrative agency should (a) consider the matter further, (b) modify or cancel an administrative act, (c) alter a regulation or ruling, (d) explain more fully the administrative act in question, or (e) take any other step, the Public Counsel shall make recommendations to the administrative agency. If the Public Counsel so requests, the agency shall, within the time specified, inform the Public Counsel about the action taken on such recommendations or the reasons for not complying with them.
(2) If the Public Counsel believes that an administrative action has been dictated by a statute whose results are unfair or otherwise objectionable, the Public Counsel shall notify the Legislature of such views concerning desirable statutory change.
Source
Laws 1969, c. 762, § 10, p. 2882;
Laws 2020, LB1144, § 9.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-8,250 - Public Counsel; conclusions; report; inclusions.

81-8,250.
Public Counsel; conclusions; report; inclusions.
The Public Counsel may report conclusions and suggestions by transmitting them to the Governor, the Legislature or any of its committees, the press, and others who may be concerned. When publishing an opinion adverse to an administrative agency, the Public Counsel shall include any statement the administrative agency may have made to the Public Counsel by way of explaining its past difficulties or its present rejection of the Public Counsel's proposals.
Source
Laws 1969, c. 762, § 11, p. 2883;
Laws 2020, LB1144, § 10.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-8,251 - Public Counsel; reports; time; contents.

81-8,251.
Public Counsel; reports; time; contents.
(1) In addition to whatever reports he or she may make from time to time, the Public Counsel shall on or about February 15 of each year report to the Clerk of the Legislature and to the Governor concerning the exercise of his or her functions during the preceding calendar year. The report submitted to the Clerk of the Legislature shall be submitted electronically. In discussing matters with which he or she has dealt, the Public Counsel need not identify those immediately concerned if to do so would cause needless hardship. So far as the annual report may criticize named agencies or officials, it must include also their replies to the criticism. Each member of the Legislature shall receive an electronic copy of such report by making a request for it to the Public Counsel.
(2) On or before December 15 of each year, the Public Counsel shall submit a report electronically to the Clerk of the Legislature as required under section 83-104 regarding state institutions.
Source
Laws 1969, c. 762, § 12, p. 2883;
Laws 1979, LB 322, § 45;
Laws 2012, LB782, § 177;
Laws 2020, LB1144, § 11.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-8,252 - Public Counsel; public officer or employee; acted to warrant criminal proceedings; refer to proper authorities.

81-8,252.
Public Counsel; public officer or employee; acted to warrant criminal proceedings; refer to proper authorities.
If the Public Counsel has reason to believe that any public officer or employee has acted in a manner warranting criminal or disciplinary proceedings, the Public Counsel shall refer the matter to the appropriate authorities.
Source
Laws 1969, c. 762, § 13, p. 2883;
Laws 2020, LB1144, § 12.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-8,253 - Public Counsel; proceedings, opinion, expression; not reviewable by court; not subject to testify or produce evidence.

81-8,253.
Public Counsel; proceedings, opinion, expression; not reviewable by court; not subject to testify or produce evidence.
No proceeding, opinion, or expression of the Public Counsel shall be reviewable in any court. Neither the Public Counsel nor any member of the Public Counsel's staff shall be required to testify or produce evidence in any judicial or administrative proceeding concerning matters within the Public Counsel's official cognizance, except in a proceeding brought to enforce sections 81-8,240 to 81-8,254.
Source
Laws 1969, c. 762, § 14, p. 2883;
Laws 2020, LB1144, § 13.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-8,254 - Violations; penalty; state employee; complaint; effect.

81-8,254.
Violations; penalty; state employee; complaint; effect.
A person who willfully obstructs or hinders the proper exercise of the Public Counsel's functions, or who willfully misleads or attempts to mislead the Public Counsel's inquiries, shall be guilty of a Class II misdemeanor. No employee of the State of Nebraska, who files a complaint pursuant to sections 81-8,240 to 81-8,254, shall be subject to any penalties, sanctions, or restrictions in connection with such employee's employment because of such complaint.
Source
Laws 1969, c. 762, § 15, p. 2883;
Laws 1977, LB 39, § 301;
Laws 2020, LB1144, § 14.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-8,262 - Commission on Latino-Americans; created; term, defined.

81-8,262.
Commission on Latino-Americans; created; term, defined.
There is hereby created the Commission on Latino-Americans. For purposes of sections 81-8,262 to 81-8,271.01, commission means the Commission on Latino-Americans.
Source
Laws 1972, LB 1081, § 1;
Laws 2010, LB139, § 1.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-8,263 - Commission; members; appointment; term.

81-8,263.
Commission; members; appointment; term.
The commission shall consist of nine members who shall be appointed by the Governor. Of the initial appointees, three shall be appointed to one-year terms, three to two-year terms, and three to three-year terms. Appointees to any vacancy which may occur shall be appointed only for the unexpired term of the member such appointee replaces. After the initial appointees have served their initial terms, all appointees shall be appointed for a three-year term. The Governor or his appointee shall be an ex officio member of the commission with the power to vote.
Source
Laws 1972, LB 1081, § 2.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-8,265 - Commission; functions.

81-8,265.
Commission; functions.
The functions of the commission shall be to:
(1) Gather and disseminate information and conduct hearings, conferences, and special studies on problems and programs concerning Latino-Americans;
(2) Serve the needs of Latino-Americans, especially in the fields of education, employment, health, housing, welfare, and recreation by offering such services as it may establish for the translation of documents and for the direct assistance of clients, exclusive of legal representation, in matters relating to any federal department or agency or any department or agency of the state or a political subdivision thereof;
(3) Develop, coordinate, and assist public and private organizations and coordinate and assist the efforts of state departments and agencies to serve the needs of Latino-Americans;
(4) Propose new programs concerning Latino-Americans;
(5) Evaluate existing programs and proposed legislation concerning Latino-Americans;
(6) Stimulate public awareness of the problems of Latino-Americans by conducting a program of public education and encourage the Governor and the Legislature to develop programs to deal with these problems; and
(7) Conduct training programs for community leadership and service project staff.
Source
Laws 1972, LB 1081, § 4;
Laws 1983, LB 83, § 1;
Laws 2010, LB139, § 2.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-8,266 - Commission; meetings; quorum.

81-8,266.
Commission; meetings; quorum.
The full commission shall meet at least four times a year. The chairperson or any three members may call additional meetings. A majority of members shall constitute a quorum.
Source
Laws 1972, LB 1081, § 5;
Laws 1974, LB 506, § 1;
Laws 1979, LB 582, § 1;
Laws 1980, LB 923, § 1.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-8,267 - Commission; members; compensation; expenses.

81-8,267.
Commission; members; compensation; expenses.
Members shall receive thirty-five dollars per day for each day spent in the performance of their official duties. Members shall receive reimbursement for expenses as provided in sections 81-1174 to 81-1177.
Source
Laws 1972, LB 1081, § 6;
Laws 1974, LB 506, § 2;
Laws 1981, LB 204, § 186;
Laws 2020, LB381, § 108.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-8,269 - Director; duties.

81-8,269.
Director; duties.
The director shall be the administrative officer of the commission and shall serve the commission by gathering information, disseminating findings of fact and other information, forwarding proposals and evaluations to the Governor, the Legislature, and various state agencies, carrying out public education programs, conducting hearings and conferences, and performing other duties necessary for the proper operation of the commission.
Source
Laws 1972, LB 1081, § 8.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-8,270 - Director; employ personnel.

81-8,270.
Director; employ personnel.
The director may employ any subordinate personnel necessary to assist him or her in the performance of his or her duties, including clerical staff and technical advisors. The director may employ assistant directors if necessary to develop, assist, and cooperate with local commissions on Latino-Americans.
Source
Laws 1972, LB 1081, § 9;
Laws 1980, LB 923, § 2;
Laws 2010, LB139, § 3.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-8,271 - Commission; powers.

81-8,271.
Commission; powers.
The commission shall have all powers necessary to carry out the functions and duties specified in sections 81-8,262 to 81-8,271, including power to establish advisory committees on special subjects, to receive or apply for and receive gifts, grants, contributions, and other funds from the federal government, private agencies, affiliated associations, and individuals, and to contract with public and private groups to conduct its business.
Source
Laws 1972, LB 1081, § 10;
Laws 1983, LB 83, § 2.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-8,271.01 - Commission on Latino-Americans Cash Fund; created; use; investment.

81-8,271.01.
Commission on Latino-Americans Cash Fund; created; use; investment.
The Commission on Latino-Americans Cash Fund is created. The Commission on Latino-Americans shall use the fund for commission functions described in sections 81-8,262 to 81-8,271. Money credited to the fund shall include any monetary gifts, grants, and donations. 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. Any money remaining in the Commission on Mexican-Americans Cash Fund on July 15, 2010, shall be transferred to the Commission on Latino-Americans Cash Fund on such date.
Source
Laws 2000, LB 1363, § 3;
Laws 2004, LB 940, § 2;
Laws 2010, LB139, § 4.
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 › 81-8,294 - Act, how cited.

81-8,294.
Act, how cited.
Sections 81-8,294 to 81-8,301 shall be known and may be cited as the State Miscellaneous Claims Act.
Source
Laws 1988, LB 864, § 44;
Laws 2007, LB339, § 2.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-8,295 - Miscellaneous claim, defined.

81-8,295.
Miscellaneous claim, defined.
As used in the State Miscellaneous Claims Act, miscellaneous claim shall mean any claim against the state for which there is no other specific provision of law for the resolution of such claim.
Source
Laws 1988, LB 864, § 45.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-8,297 - State Claims Board; general powers.

81-8,297.
State Claims Board; general powers.
The State Claims Board shall have the power and authority to receive, investigate, and otherwise carry out its duties with regard to (1) all claims under the State Miscellaneous Claims Act, (2) all claims under sections 25-1802 to 25-1807, (3) all claims under the State Contract Claims Act, (4) all claims under the In the Line of Duty Compensation Act, (5) all requests on behalf of any department, board, or commission of the state for waiver or cancellation of money or charges when necessary for fiscal or accounting procedures, and (6) all claims filed under section 66-1531. All such claims or requests and supporting documents shall be filed with the Risk Manager and shall be designated by number, name of claimant as requester, and short title. Nothing in this section shall be construed to be a waiver of the sovereign immunity of the state beyond what is otherwise provided by law.
The board shall adopt and promulgate such rules and regulations as are necessary to carry out the powers granted in this section. The Attorney General shall be the legal advisor to the board for purposes of this section and may authorize the assistant attorney general in charge of the Claims Division to perform any of his or her duties under this section.
Source
Laws 1988, LB 864, § 47;
Laws 1998, LB 1161, § 36;
Laws 2021, LB255, § 6.
Cross References
In the Line of Duty Compensation Act, see section 81-8,315.
State Contract Claims Act, see section 81-8,302.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-8,298 - State Claims Board; meetings; hearings; notice.

81-8,298.
State Claims Board; meetings; hearings; notice.
The State Claims Board shall meet at such times and places and shall make such investigation of each claim or request referred to in section 81-8,297 as it determines necessary. If the board deems a hearing to be necessary or advisable on any claim or request so filed, it shall give to the claimant at least ten days' notice by regular mail of the time and place of hearing.
Source
Laws 1943, c. 129, § 3, p. 433;
R.S.1943, § 81-859;
Laws 1957, c. 242, § 61, p. 867;
Laws 1967, c. 588, § 2, p. 2001;
R.S.Supp.,1967, § 81-859;
Laws 1969, c. 756, § 29, p. 2853;
R.S.1943, (1987), § 81-8,237;
Laws 1988, LB 864, § 48.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-8,299 - State Claims Board; powers; duties.

81-8,299.
State Claims Board; powers; duties.
The State Claims Board shall, for the purposes contemplated by the State Contract Claims Act, the State Miscellaneous Claims Act, the In the Line of Duty Compensation Act, and sections 25-1802 to 25-1807 and 66-1531, have the right, power, and duty to (1) administer oaths, (2) compel the attendance of witnesses and the production of books, papers, and documents and issue subpoenas for such purposes, and (3) punish the disobedience of such a subpoena or subpoenas, the refusal of a witness to be sworn or testify, or the failure to produce books, papers, and documents, as required by such subpoena or subpoenas so issued, as contempt, in the same manner as are officers who are authorized to take depositions.
Source
Laws 1943, c. 129, § 4, p. 433;
R.S.1943, § 81-860;
Laws 1969, c. 756, § 30, p. 2853;
R.S.1943, (1987), § 81-8,238;
Laws 1988, LB 864, § 49;
Laws 1998, LB 1161, § 37;
Laws 2021, LB255, § 7.
Cross References
In the Line of Duty Compensation Act, see section 81-8,315.
State Contract Claims Act, see section 81-8,302.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-8,300.01 - Statute of limitation.

81-8,300.01.
Statute of limitation.
Claims described in subdivision (4) of section 81-8,297 shall be forever barred unless the claim is filed with the Risk Manager within the time period prescribed in section 81-8,318. Claims described in subdivisions (5) and (6) of section 81-8,297 and claims relating to expiration of state warrants shall have no time bar to recovery. Except as provided in section 25-213, all other claims permitted under the State Miscellaneous Claims Act shall be forever barred unless the claim is filed with the Risk Manager within two years after the time the claim accrued.
Source
Laws 2007, LB339, § 3;
Laws 2021, LB255, § 8.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-8,301 - Acceptance of award; effect.

81-8,301.
Acceptance of award; effect.
Any award made under the State Contract Claims Act, the State Miscellaneous Claims Act, the In the Line of Duty Compensation Act, or section 25-1806 or 66-1531 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 1988, LB 864, § 51;
Laws 1998, LB 1161, § 38;
Laws 2021, LB255, § 9.
Cross References
In the Line of Duty Compensation Act, see section 81-8,315.
State Contract Claims Act, see section 81-8,302.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-8,303 - Terms, defined.

81-8,303.
Terms, defined.
For purposes of the State Contract Claims Act, unless the context otherwise requires:
(1) Contract claim shall mean a claim against the state involving a dispute regarding a contract between the State of Nebraska or a state agency and the claimant other than employment contracts covered by the State Personnel System or entered into pursuant to the State Employees Collective Bargaining Act;
(2) Contracting agency shall mean the state agency which is a party to a contract which gives rise to the contract claim; and
(3) State agency shall mean all departments, agencies, boards, bureaus, and commissions of the State of Nebraska and corporations the primary function of which is to act as, and while acting as, instrumentalities or agencies of the State of Nebraska but shall not include corporations that are essentially private corporations or entities created pursuant to the Interlocal Cooperation Act or the Joint Public Agency Act. State agency shall not be construed to include any contractor with the State of Nebraska.
Source
Laws 1988, LB 864, § 53;
Laws 1991, LB 81, § 8;
Laws 1999, LB 87, § 94.
Cross References
Interlocal Cooperation Act, see section 13-801.
Joint Public Agency Act, see section 13-2501.
State Employees Collective Bargaining Act, see section 81-1369.
Annotations
A cause of action for misrepresentation is not a “dispute regarding a contract” under subdivision (1) of this section, because the gravamen of the case is in tort and is independent from any underlying contract. Zawaideh v. Nebraska Dept. of Health & Human Servs., 285 Neb. 48, 825 N.W.2d 204 (2013).
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-8,304 - Contract claims; filing procedure.

81-8,304.
Contract claims; filing procedure.
All contract claims shall be filed with the Risk Manager in the manner prescribed by the State Claims Board. Contract claims shall be filed on forms provided by the Risk Manager, and each claimant shall include at least the following information: (1) A copy of the contract allegedly breached; (2) the manner in which the contract was allegedly breached; and (3) the damages incurred as a result of the alleged breach. The Risk Manager shall immediately advise the Attorney General and the contracting agency in writing of the filing of any such claim. The contracting agency shall cause an investigation to be made of all such claims. The Attorney General shall serve as a legal advisor to the State Claims Board on all such claims.
Source
Laws 1988, LB 864, § 54.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-8,305 - State Claims Board; submission of claim; procedure; action in district court; when.

81-8,305.
State Claims Board; submission of claim; procedure; action in district court; when.
(1) If agreed to by the claimant and the contracting agency, the State Claims Board shall have the authority to consider, ascertain, adjust, compromise, settle, determine, or allow any contract claim. Upon receipt of a contract claim, the Risk Manager shall immediately notify the claimant and the contracting agency of the option of having the dispute submitted to the State Claims Board.
(2) If the claimant and the contracting agency agree to submit the dispute to the State Claims Board as provided in subsection (1) of this section, the board shall resolve such dispute in the manner provided under the State Miscellaneous Claims Act. For claims submitted to the board under this subsection, the contracting agency shall provide the board with all documents and information relating to the claim which the contracting agency obtained during its investigation.
(3) If either the claimant or the contracting agency notifies the Risk Manager in writing within ninety days after mailing of the notice required in subsection (1) of this section that the claimant or the contracting agency objects to the submission of the dispute to the State Claims Board, the board shall have no further jurisdiction over the claim and the claimant may initiate an action in the district court of Lancaster County. The action in the district court of Lancaster County must be filed with the district court within two years after the date the Risk Manager receives the written notification of objection or the claim shall be forever barred.
Source
Laws 1988, LB 864, § 55;
Laws 2008, LB821, § 10.
Cross References
State Miscellaneous Claims Act, see section 81-8,294.
Annotations
This section does not violate article VIII, section 9, of the Nebraska Constitution. Pavers, Inc. v. Board of Regents, 276 Neb. 559, 755 N.W.2d 400 (2008).
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-8,306 - Claims; when barred; exclusive remedy.

81-8,306.
Claims; when barred; exclusive remedy.
Except as provided in section 25-213, every contract claim permitted under the State Contract Claims Act shall be forever barred unless the claim is filed with the Risk Manager within two years of the time at which the claim accrued. The State Contract Claims Act shall provide the exclusive remedy for resolving contract claims.
Source
Laws 1988, LB 864, § 56.
Annotations
For purposes of this section, the claim accrues when an injury occurs and the injured party has the right to seek redress by instituting and maintaining a lawsuit. Baldwin Carpet v. Builders, Inc., 3 Neb. App. 40, 523 N.W.2d 33 (1994).
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-8,309 - Nebraska Sesquicentennial Commission; members; vacancy; termination.

81-8,309.
Nebraska Sesquicentennial Commission; members; vacancy; termination.
The Nebraska Sesquicentennial Commission is hereby established. The commission shall consist of seventeen members to be appointed by the Governor within sixty days after July 1, 2014. The commission shall include members from all regions of the state, representing all major interests and a diverse array of industries. No more than eight of the members shall be affiliated with the same political party. The members shall select a chairperson and a vice-chairperson, and all members shall be reimbursed for their actual and necessary expenses as provided in sections 81-1174 to 81-1177. The Governor shall fill any vacancy occurring on the commission by appointment. For administrative and budgetary purposes only, the commission shall be housed within the Nebraska State Historical Society. The existence of the commission and terms of the members shall terminate on June 30, 2018.
Source
Laws 2014, LB744, § 1.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-8,310 - Nebraska Sesquicentennial Commission; duties; powers; report.

81-8,310.
Nebraska Sesquicentennial Commission; duties; powers; report.
(1) The Nebraska Sesquicentennial Commission shall develop programs and plans for official observance of the one hundred fiftieth anniversary of Nebraska statehood in 2017. The commission shall work closely with various state agencies, boards, commissions, and political subdivisions, including the State Department of Education, the Department of Transportation, the Nebraska State Historical Society, the Nebraska State Fair Board, the Game and Parks Commission, and the Nebraska Tourism Commission, to execute commemorative events and to implement educational activities with emphasis on events and activities that promote Nebraska and its economy by focusing on the state's history, cultural diversity, and unique geography. The commission may also seek the guidance and support of any other groups or organizations the commission deems necessary or helpful in fulfilling its purpose.
(2) The commission may employ personnel, contract for services, and receive, expend, and allocate gifts, grants, and donations to aid in the performance of its duties. The commission is empowered to expend and allocate any appropriations authorized by the Legislature to carry out the purposes of sections 81-8,309 and 81-8,310.
(3) The commission shall expend and allocate at least five percent of the money in the Nebraska 150 Sesquicentennial Plate Proceeds Fund on January 1, 2017, for awarding one or more grants to any person who applies to the commission for support for a local sesquicentennial event or project according to standards and guidelines determined by the commission.
(4) The commission shall report electronically to the Legislature on or before July 1 in 2016, 2017, and 2018 detailing the expenditures made from the fund pursuant to this section.
Source
Laws 2014, LB744, § 2;
Laws 2015, LB220, § 10;
Laws 2017, LB339, § 282.