reglab/statecodes huggingface dataset:
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-1379 - Potentially hazardous implant or condition; jewelry or other valuables; requirements.

71-1379.
Potentially hazardous implant or condition; jewelry or other valuables; requirements.
(1) No human remains shall be cremated with the knowledge that the human remains contain a pacemaker or defibrillator or other potentially hazardous implant or condition. The authorizing agent shall take all necessary steps to ensure that any such hazardous implant or condition is removed or corrected prior to cremation. If an authorizing agent informs the funeral director and the crematory authority on the cremation authorization form of the presence of such potentially hazardous implant or condition in the human remains, the funeral director shall ensure that all necessary steps have been taken to remove or correct the implant or condition before delivering the human remains to the crematory. A funeral director who knowingly fails to ensure the removal or correction of the hazardous implant or condition prior to delivery and who knowingly delivers such human remains shall be liable for any damages resulting from such failure. If human remains with hazardous implants or conditions are in the custody of a crematory authority, such authority shall have the hazardous implants or conditions removed or corrected by a licensed funeral director and embalmer or a licensed embalmer at a funeral establishment within an embalming preparation room or at a medical facility by appropriate medical personnel.
(2) No human remains shall be cremated with the knowledge that the human remains contain jewelry or other valuables. The authorizing agent shall take all necessary steps to ensure that any jewelry or other valuables are removed prior to cremation. If an authorizing agent informs the funeral director and the crematory authority on the cremation authorization form of the presence of jewelry or other valuables on the human remains, the funeral director shall ensure that all necessary steps have been taken to remove the jewelry or other valuables before delivering the human remains to the crematory. A funeral director who knowingly fails to ensure the removal of the jewelry or other valuables prior to delivery and who knowingly delivers such human remains shall be liable for any damages resulting from such failure. If human remains with jewelry or other valuables are in the custody of a crematory authority, such authority shall provide for the removal of such jewelry or other valuables by a licensed funeral director and embalmer or his or her agent.
Source
Laws 2003, LB 95, § 25.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-1380 - Dispute; crematory authority or funeral establishment; powers and duties.

71-1380.
Dispute; crematory authority or funeral establishment; powers and duties.
(1) If a crematory authority or funeral establishment (a) is aware of any dispute concerning the cremation of human remains or (b) has a reasonable basis to believe that such a dispute exists or to question any of the representations made by the authorizing agent with respect to such remains, until the crematory authority receives a court order that a dispute with respect to such remains has been settled, the crematory authority or funeral establishment may refuse to accept such human remains for cremation or to perform a cremation of such remains.
(2) If a crematory authority or funeral establishment is aware of any dispute concerning the release or disposition of cremated remains, the crematory authority or funeral establishment may refuse to release cremated remains until the dispute has been resolved or the crematory authority or funeral establishment has been provided with a court order authorizing the release or disposition of the cremated remains.
Source
Laws 2003, LB 95, § 26.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-1381 - Cremated remains; how treated.

71-1381.
Cremated remains; how treated.
(1) Insofar as is possible, upon completion of the cremation, all of the recoverable residue of the cremation shall be removed from the cremation chamber and any foreign matter or anything other than bone fragments shall be removed from such residue and shall be disposed of by the crematory authority. The remaining bone fragments shall be processed by pulverization so as to reduce the fragments to unidentifiable particles. This subsection shall not apply when the commingling of human remains during cremation is otherwise authorized by law. The presence of incidental and unavoidable residue in the cremation chamber from a prior cremation is not a violation of this subsection.
(2) The cremated remains with proper identification shall be placed in a temporary container or permanent container selected or provided by the authorizing agent. The cremated remains shall not be contaminated with any other object unless specific written authorization to the contrary has been received from the authorizing agent.
(3) If the entirety of the cremated remains will not fit within a temporary container or permanent container, then the remainder of such remains shall be returned to the authorizing agent or his or her representative in a separate container with proper identification.
(4) If the cremated remains are to be shipped, the temporary container or permanent container shall be packed securely in a suitable shipping container that complies with the requirements of the shipper. Unless otherwise directed in writing by the authorizing agent, cremated remains shall be shipped only by a method which includes an internal tracking system and which provides a receipt signed by the person accepting delivery of such remains.
Source
Laws 2003, LB 95, § 27.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-1383 - Rules and regulations.

71-1383.
Rules and regulations.
The department may adopt and promulgate rules and regulations to implement the Cremation of Human Remains Act, to include, but not be limited to, rules and regulations establishing conditions under which human remains of persons whose death was caused by a disease declared by the department to be infectious, contagious, communicable, or dangerous to the public health may be transported in this state to a crematory for the purpose of cremation, and minimum sanitation standards for all crematories.
Source
Laws 2003, LB 95, § 29.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-1384 - Crematory authority; bylaws.

71-1384.
Crematory authority; bylaws.
A crematory authority may enact reasonable bylaws not inconsistent with the Cremation of Human Remains Act for the management and operation of a crematory operated by such authority. Nothing in this section shall prevent a crematory authority from enacting bylaws which contain more stringent requirements than those provided in the act.
Source
Laws 2003, LB 95, § 30.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-1385 - Act; how construed.

71-1385.
Act; how construed.
The Cremation of Human Remains Act shall be construed and interpreted as a comprehensive cremation law, and the provisions of the act shall take precedence over any existing laws or rules and regulations that govern human remains that do not specifically address cremation.
Source
Laws 2003, LB 95, § 31.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-1405 - Medically handicapped child; birth; duty of attendant to report.

71-1405.
Medically handicapped child; birth; duty of attendant to report.
(1) Within thirty days after the date of the birth of any child born in this state with visible congenital deformities, the physician, certified nurse midwife, or other person in attendance upon such birth shall prepare and file with the Department of Health and Human Services a statement setting forth such visible congenital deformity. The form of such statement shall be prepared by the department and shall be a part of the birth report furnished by the department.
(2) For purposes of this section, congenital deformities include a cleft lip, cleft palate, hernia, congenital cataract, or disability resulting from congenital or acquired heart disease, or any congenital abnormality or orthopedic condition that can be cured or materially improved. The orthopedic condition or deformity includes any deformity or disease of childhood generally recognized by the medical profession, and it includes deformities resulting from burns.
Source
Laws 1937, c. 190, § 5, p. 755;
Laws 1941, c. 139, 1, p. 549;
C.S.Supp.,1941, § 71-3405;
R.S.1943, § 71-1405;
Laws 1996, LB 1044, § 563;
Laws 1997, LB 307, § 169;
Laws 2002, LB 93, § 6;
Laws 2005, LB 256, § 35;
Laws 2007, LB296, § 473.
Cross References
Birth defects, reports, see section 71-648.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-1555 - Act, how cited.

71-1555.
Act, how cited.
Sections 71-1555 to 71-1568.01 shall be known and may be cited as the Nebraska Uniform Standards for Modular Housing Units Act.
Source
Laws 1976, LB 248, § 1;
Laws 1984, LB 822, § 1;
Laws 1998, LB 1073, § 90.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-1556 - Declaration of purpose.

71-1556.
Declaration of purpose.
The Legislature finds and declares that uniformity in the manner of construction, assembly, and use of modular housing units and that of their systems, components, and appliances, including their plumbing, heating, and electrical systems, is extremely desirable in order that owners may not be burdened with differing requirements and in order to promote construction which will foster the health and safety of the numerous persons living in modular housing units.
Source
Laws 1976, LB 248, § 2;
Laws 1984, LB 822, § 2.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-1557 - Terms, defined.

71-1557.
Terms, defined.
As used in the Nebraska Uniform Standards for Modular Housing Units Act, unless the context otherwise requires:
(1) Modular housing unit means any dwelling whose construction consists entirely of or the major portions of its construction consist of a unit or units, containing facilities for no more than one family, not fabricated on the final site for the dwelling unit, which units are movable or portable until placed on a permanent foundation and connected to utilities. Modular housing units shall be taxed as real estate;
(2) Seal means a device or insignia issued by the Department of Health and Human Services Regulation and Licensure prior to May 1, 1998, or by the Public Service Commission on or after May 1, 1998, to be displayed on the modular housing unit as determined by the commission to evidence compliance with state standards;
(3) Dealer means any person other than a manufacturer who sells, offers to sell, distributes, or leases modular housing units primarily to persons who in good faith purchase or lease a modular housing unit for purposes other than resale;
(4) Manufacturer means any person who manufactures or produces modular housing units;
(5) Person means any individual, partnership, limited liability company, company, corporation, or association engaged in manufacturing, selling, offering to sell, or leasing modular housing units; and
(6) Commission means the Public Service Commission.
Source
Laws 1976, LB 248, § 3;
Laws 1984, LB 822, § 3;
Laws 1985, LB 313, § 4;
Laws 1993, LB 121, § 424;
Laws 1994, LB 511, § 6;
Laws 1996, LB 1044, § 564;
Laws 1998, LB 1073, § 91;
Laws 2008, LB797, § 6.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-1558 - Modular housing units; construction of and installation of plumbing, heating, and electrical systems; standards; manner adopted; when applicable.

71-1558.
Modular housing units; construction of and installation of plumbing, heating, and electrical systems; standards; manner adopted; when applicable.
(1) All construction of and all plumbing, heating, and electrical systems installed in modular housing units manufactured, sold, offered for sale, or leased in this state more than six months after July 10, 1976, and before May 1, 1998, shall comply with the standards of the state agency responsible for regulation of modular housing units as such standards existed on the date of manufacture.
(2) All construction of and all plumbing, heating, and electrical systems installed in modular housing units manufactured, sold, offered for sale, or leased in this state on or after May 1, 1998, shall be at least equal to the standards adopted and approved by the commission pursuant to its rules and regulations as such standards existed on the date of manufacture. The standards shall (a) protect the health and safety of persons living in modular housing units, (b) assure reciprocity with other states that have adopted standards which protect the health and safety of persons living in modular housing units the purpose of which is to make uniform the law of those states which adopt them, (c) allow variations from such uniform standards as will reduce unnecessary costs of construction or increase safety, durability, or efficiency, including energy efficiency, of the modular housing unit without jeopardizing such reciprocity, (d) assure changes in those uniform standards which reflect new technology making possible greater safety, efficiency, including energy efficiency, economy, or durability than earlier standards, and (e) allow for reduced energy and snow live load requirements for those modular housing units destined for out-of-state siting if the receiving jurisdiction has such reduced requirements. The commission shall adopt as standards relating to electrical systems in modular housing units those applicable standards adopted and amended by the State Electrical Board under section 81-2104.
(3) Whenever practical, the standards shall be stated in terms of required levels of performance so as to facilitate the prompt acceptance of new building materials and methods. If generally recognized standards of performance are not available, the standards shall provide for acceptance of materials and methods whose performance has been found by the commission on the basis of reliable test and evaluation data presented by the proponent to be substantially equal to those specified.
Source
Laws 1976, LB 248, § 4;
Laws 1984, LB 822, § 4;
Laws 1992, LB 1019, § 65;
Laws 1998, LB 1073, § 92;
Laws 2008, LB797, § 7.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-1560 - Modular housing unit; dealer; prohibited acts; exceptions.

71-1560.
Modular housing unit; dealer; prohibited acts; exceptions.
Except as provided in section 71-1561, no dealer shall sell, offer for sale, or lease in this state any new modular housing unit manufactured (1) more than six months after July 10, 1976, and before May 1, 1998, unless such modular housing unit meets or exceeds the standards established by the state agency responsible for regulation of modular housing units as such standards existed on the date of manufacture with respect to construction thereof and the installation of plumbing, heating, and electrical systems or (2) on or after May 1, 1998, unless such modular housing unit meets or exceeds the standards established by the commission with respect to construction thereof and the installation of plumbing, heating, and electrical systems.
Source
Laws 1976, LB 248, § 6;
Laws 1984, LB 822, § 6;
Laws 1998, LB 1073, § 94.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-1561 - Modular housing units; plumbing, heating, electrical, or construction codes; reciprocity; when; prohibited acts; agreements authorized.

71-1561.
Modular housing units; plumbing, heating, electrical, or construction codes; reciprocity; when; prohibited acts; agreements authorized.
If any other state has plumbing, heating, electrical, or construction codes for modular housing units at least equal to those established by the commission pursuant to the Nebraska Uniform Standards for Modular Housing Units Act, the commission, upon determining that such standards are being enforced by such other state, shall place such other state on a reciprocity list which shall be available to any interested person. Any modular housing unit which bears the seal of any state which has been placed on the reciprocity list shall not be required to bear the seal issued by this state. A modular housing unit manufactured more than six months after July 10, 1976, which does not bear the seal issued by this state or by a state which has been placed on the reciprocity list shall not be manufactured, offered for sale, sold, or leased by a manufacturer, dealer, or any other person anywhere within this state nor transported or delivered into any other state or jurisdiction.
The commission may enter into agreements with the federal government, any federal agency, or any other state, state agency, interstate agency, compact, or local jurisdiction to perform inspections pursuant to the federal government's or the agency's, state's, compact's, or jurisdiction's standards relating to modular housing units.
Source
Laws 1976, LB 248, § 7;
Laws 1984, LB 822, § 7;
Laws 1992, LB 1019, § 67;
Laws 1998, LB 1073, § 95.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-1562 - Modular housing unit; local codes or standards; compliance not required; exception; site development, defined.

71-1562.
Modular housing unit; local codes or standards; compliance not required; exception; site development, defined.
No agency or political subdivision of the state or a municipality shall require compliance with local codes or standards for the construction of or the installation of structural, plumbing, heating, or electrical systems in a modular housing unit which are different from those established by the commission pursuant to the Nebraska Uniform Standards for Modular Housing Units Act. An agency or political subdivision of this state or a municipality may prescribe reasonable and necessary requirements of the site development for modular housing units in accordance with local standards. Site development is defined for the purposes of such act as those local development requirements including, but not limited to, foundations, site utility requirements and their connections to the modular housing units, zoning and subdivision regulations, and fire control provisions.
Source
Laws 1976, LB 248, § 8;
Laws 1984, LB 822, § 8;
Laws 1998, LB 1073, § 96.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-1563 - Modular housing unit; violation; penalty.

71-1563.
Modular housing unit; violation; penalty.
(1) Any person who manufactures, sells, offers for sale, or leases in this state any modular housing unit which does not bear the seal required by the provisions of the Nebraska Uniform Standards for Modular Housing Units Act shall be guilty of a Class IV misdemeanor.
(2) The commission may, in accordance with the laws governing injunctions and other processes, maintain an action in the name of the state against any person who manufactures, sells, offers for sale, or leases in this state any modular housing unit which does not bear the seal required by the provisions of such act.
(3) The commission may administratively fine pursuant to section 75-156 any person who violates the act or any rule or regulation adopted and promulgated under the act.
Source
Laws 1976, LB 248, § 9;
Laws 1977, LB 41, § 60;
Laws 1984, LB 822, § 9;
Laws 1998, LB 1073, § 97;
Laws 2008, LB797, § 9.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-1564 - Commission; administer act; rules and regulations; powers; enumerated; charge for services.

71-1564.
Commission; administer act; rules and regulations; powers; enumerated; charge for services.
(1) The commission is hereby charged with the administration of the provisions of the Nebraska Uniform Standards for Modular Housing Units Act. The commission may adopt, amend, alter, or repeal general rules and regulations of procedure for carrying out and administering the provisions of such act in regard to (a) the issuance of seals, (b) the submission of plans and specifications of modular housing units, (c) the obtaining of statistical data respecting the manufacture and sale of modular housing units, and (d) the prescribing of means, methods, and practices to make effective such provisions. In adopting such rules and regulations, the commission may require that plans and specifications of modular housing units submitted to the commission be prepared and submitted only by a Nebraska architect or professional engineer.
(2) A person intending to manufacture, sell, offer for sale, or lease a modular housing unit in the State of Nebraska shall submit plans, specifications, and a compliance assurance program in accordance with the act and shall be charged for engineering services of the commission provided for performing the review of such initial submittal at a rate of not less than fifteen dollars per hour and not more than sixty dollars per hour based upon sixty hours of review time as determined annually by the commission after published notice and a hearing.
Source
Laws 1976, LB 248, § 10;
Laws 1984, LB 822, § 10;
Laws 1992, LB 1019, § 68;
Laws 1997, LB 622, § 100;
Laws 1998, LB 1073, § 98;
Laws 2008, LB797, § 10.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-1566 - Modular housing units; place manufactured, sold, or leased; open to inspection by commission.

71-1566.
Modular housing units; place manufactured, sold, or leased; open to inspection by commission.
The commission through its authorized representatives may enter any place or establishment where modular housing units are manufactured, sold, offered for sale, or leased for the purpose of inspecting such modular housing units or parts thereof in order to ascertain whether the requirements of the Nebraska Uniform Standards for Modular Housing Units Act and the rules, regulations, and standards adopted by the commission have been complied with. If the commission appoints qualified nongovernmental inspectors or inspection agencies as its authorized representatives to carry out such inspections, the commission shall at all times exercise supervisory control over such inspectors or agencies to insure effective and uniform enforcement of its standards. No person may interfere with, obstruct, or hinder an authorized representative of the commission in the performance of such an inspection.
Source
Laws 1976, LB 248, § 12;
Laws 1984, LB 822, § 12;
Laws 1998, LB 1073, § 100.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-1567 - Seal; denied or suspended; hearing; appeal.

71-1567.
Seal; denied or suspended; hearing; appeal.
(1) The commission shall refuse to issue a seal to a manufacturer for any modular housing unit not found to be in compliance with its standards governing the construction of or the structural, plumbing, heating, or electrical systems for modular housing units or for which fees have not been paid. Except in case of failure to pay the required fees, any such manufacturer may request a hearing before the commission on the issue of such refusal. Procedures for notice and opportunity for a hearing before the commission shall be pursuant to the Administrative Procedure Act. The refusal may be appealed, and the appeal shall be in accordance with section 75-136.
(2) The issuance of seals may be suspended as to any manufacturer who is convicted of violating section 71-1563 or as to any manufacturer who violates any other provision of the Nebraska Uniform Standards for Modular Housing Units Act or any rule, regulation, commission order, or standard adopted pursuant thereto, and issuance of the seals shall not be resumed until such manufacturer submits sufficient proof that the conditions which caused the violation have been remedied. Any such manufacturer may request a hearing before the commission on the issue of such suspension. Procedures for notice and opportunity for a hearing before the commission shall be pursuant to the Administrative Procedure Act. The suspension may be appealed, and the appeal shall be in accordance with section 75-136.
Source
Laws 1976, LB 248, § 13;
Laws 1984, LB 822, § 13;
Laws 1988, LB 352, § 121;
Laws 1998, LB 1073, § 101;
Laws 2008, LB797, § 11;
Laws 2013, LB545, § 2.
Cross References
Administrative Procedure Act, see section 84-920.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-1568.01 - Existing rules, regulations, orders, suits, and proceedings; effect of transfer.

71-1568.01.
Existing rules, regulations, orders, suits, and proceedings; effect of transfer.
All rules, regulations, and orders of the Department of Health and Human Services Regulation and Licensure or its predecessor agency adopted prior to May 1, 1998, in connection with the powers, duties, and functions transferred to the Public Service Commission under the Nebraska Uniform Standards for Modular Housing Units Act, shall continue to be effective until revised, amended, repealed, or nullified pursuant to law.
No suit, action, or other proceeding, judicial or administrative, lawfully commenced prior to May 1, 1998, or which could have been commenced prior to that date, by or against such department or agency, or the director or employee thereof in such director's or employee's official capacity or in relation to the discharge of his or her official duties, shall abate by reason of the transfer of duties and functions from such department or agency to the commission.
On and after May 1, 1998, unless otherwise specified, whenever any provision of law refers to such department or agency in connection with duties and functions transferred to the commission, the law shall be construed as referring to the commission.
Any costs incurred by the department and associated with the transfer of powers, duties, and functions to the commission under the act shall be borne by the commission.
Source
Laws 1998, LB 1073, § 102.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-1569 - Scald prevention device; required; when.

71-1569.
Scald prevention device; required; when.
(1) Except as provided in subsection (2) of this section, all bathtubs and showers installed in buildings which contain more than one dwelling unit after August 30, 1987, shall be equipped with either a pressure balancing or thermostatic-mixing scald prevention device which is designed and installed to prevent (a) sudden unanticipated changes in the temperature of the water delivered and (b) the temperature of the water delivered from exceeding one hundred fifteen degrees Fahrenheit.
(2) Subsection (1) of this section shall not apply to showers or bathtubs installed in modular housing units as defined in section 71-1557, manufactured homes as defined in section 71-4603, or recreational vehicles as defined in section 71-4603.
Source
Laws 1987, LB 264, § 1.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-1571 - Scald prevention device; violation; penalty.

71-1571.
Scald prevention device; violation; penalty.
Anyone who installs four or more showers or bathtubs, in a single building, in violation of section 71-1569 shall be guilty of a Class V misdemeanor.
Source
Laws 1987, LB 264, § 3.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-1574 - Act; purposes.

71-1574.
Act; purposes.
The purposes of the Nebraska Housing Agency Act are:
(1) To remedy the shortage of decent, safe, and sanitary housing affordable to persons of low and moderate income, to provide opportunities to secure such housing to all such persons, to preserve existing supplies of such housing, and to create, administer, and operate programs to increase and maintain access to decent, safe, and sanitary rental housing and home ownership upon terms affordable to such persons;
(2) To encourage the development, redevelopment, rehabilitation, and preservation of safe, livable neighborhoods containing housing that is affordable to persons of low and moderate income, including mixed-income developments, and to reduce where feasible high residential concentrations of impoverished persons;
(3) In connection with the provision of affordable housing and related activities authorized under the act, to eliminate or ameliorate conditions of blight and physical deterioration in public facilities and the residential infrastructure;
(4) To provide housing, rental, and other assistance to persons of low and moderate income and assistance to properties and entities in accordance with the provisions of the act and, subject to standards and procedures adopted by the local housing agency, to authorize the provision by local housing agencies of supportive services and programs of every kind and description to advance the social, educational, and economic well-being and the economic and social self-sufficiency of persons receiving housing assistance under the act so as to create wholesome living environments, eliminate long-term poverty, encourage gainful employment, develop social and economic self-sufficiency, including living independently of housing assistance, and enhance personal responsibility on the part of such persons;
(5) To increase intergovernmental cooperation and the use of consortia and intergovernmental partnerships for the development of affordable housing and suitable neighborhoods;
(6) To encourage the use of entrepreneurial methods and approaches and to stimulate and increase private sector initiatives and joint public-private sector initiatives by local housing agencies in carrying out the purposes and provisions of the act;
(7) To increase the availability, from both public and private sector sources, of financing for the purchase of dwellings and the financing for home improvements, repairs, and rehabilitation at rates and upon terms that are affordable to persons of low or moderate income and to increase the availability of sources of equity and other financing for the development and operation by local housing agencies and private sector entities of decent, safe, and sanitary rental housing that is affordable to persons of low and moderate income; and
(8) In carrying out the purposes described in this section, to vest in local housing agencies reasonable responsibility, authority, and discretion.
Source
Laws 1999, LB 105, § 3.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-1576 - Authority established under prior law; existence and actions; how treated.

71-1576.
Authority established under prior law; existence and actions; how treated.
Any local housing authority established under any prior Nebraska law relating to housing authorities and in existence on January 1, 2000, shall have continued existence as a housing agency under the Nebraska Housing Agency Act and shall thereafter conduct its operations consistent with the act. All property, rights in land, buildings, records, and equipment and any funds, money, revenue, receipts, or assets of an authority shall belong to the agency as successor. All obligations, debts, commitments, and liabilities of an authority shall become obligations, debts, commitments, and liabilities of the successor agency. Any resolution by an authority and any action taken by the authority prior to January 1, 2000, with regard to any project or program which is to be completed within or to be conducted for a twelve-month period following January 1, 2000, and which resolution or action is lawful under Nebraska law as it exists prior to January 1, 2000, shall be a lawful resolution or action of the successor agency and binding upon such successor agency and enforceable by or against such agency notwithstanding that such resolution or action is inconsistent with, not authorized, or prohibited under the provisions of the act. All commissioners of such agency and all officers, legal counsel, technical experts, directors, and other appointees or employees of such agency holding office or employment by virtue of any such prior law on January 1, 2000, shall be deemed to have been appointed or employed under the act.
Source
Laws 1999, LB 105, § 5.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-1577 - Local housing agency; created; when.

71-1577.
Local housing agency; created; when.
In each city and county of this state which has not previously established a housing agency or authority, there is hereby created a local housing agency. Such agency shall not be deemed to be established under the Nebraska Housing Agency Act, nor shall it be authorized to conduct any business or exercise any of its powers, unless and until the governing body of the city or county declares by resolution or ordinance that a need exists for such a local housing agency to function in such city or county and finds that there exists a shortage of decent, safe, and sanitary housing in such city or county that is available and affordable to all residents regardless of income.
Source
Laws 1999, LB 105, § 6.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-1578 - Local housing agency; resolution or ordinance; effect.

71-1578.
Local housing agency; resolution or ordinance; effect.
In order for a city or county to establish a local housing agency which may conduct business and exercise its powers, the governing body of such city or county desiring to establish such agency shall adopt a resolution or ordinance declaring that there is a need for a local housing agency in such city or county because there exists a shortage of decent, safe, and sanitary housing in such city or county that is affordable to all residents thereof, regardless of income. No further action or findings shall be necessary. Upon the adoption of such resolution or ordinance, the local housing agency shall be established and shall have perpetual existence unless dissolved in accordance with law.
Source
Laws 1999, LB 105, § 7.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-1579 - Local housing agency; name.

71-1579.
Local housing agency; name.
Each local housing agency established pursuant to the Nebraska Housing Agency Act shall adopt, within or together with the resolution or ordinance required under section 71-1578, a name for all legal and operating purposes. The name so adopted shall include a reference to the geographic locus of the agency and such other name or identifier as the governing body establishing the agency shall determine. A local housing agency established under prior law may adopt a name consistent with this section by resolution or ordinance adopted by at least two-thirds of such agency's entire board of commissioners and approved by the governing body of the city or county establishing such agency.
Source
Laws 1999, LB 105, § 8.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-1580 - Local housing agency; evidence of establishment.

71-1580.
Local housing agency; evidence of establishment.
A duly certified copy of the resolution or ordinance establishing a local housing agency shall, in any proceeding in which such evidence may be required, be conclusive evidence that such agency has been properly established and is authorized to transact business and exercise its powers under the Nebraska Housing Agency Act.
Source
Laws 1999, LB 105, § 9.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-1581 - Regional housing agency; resolution or ordinance to establish.

71-1581.
Regional housing agency; resolution or ordinance to establish.
Any two or more cities, two or more counties, or any combination of cities and counties may, by resolution or ordinance of their separate governing bodies, establish a regional housing agency by adopting a joint resolution or ordinance declaring that there is a need for a regional housing agency to provide decent, safe, and sanitary housing that is affordable to persons of low and moderate income residing in a multijurisdictional area and that this need would be more efficiently served by the establishment of a regional housing agency.
Source
Laws 1999, LB 105, § 10.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-1582 - Regional housing agency; resolution or ordinance; effect.

71-1582.
Regional housing agency; resolution or ordinance; effect.
Upon the adoption of a resolution or ordinance, as provided in section 71-1581, by two or more cities or counties, a regional housing agency shall be established, and except as otherwise provided in the Nebraska Housing Agency Act, such regional housing agency shall have perpetual existence unless dissolved in accordance with law.
Source
Laws 1999, LB 105, § 11.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-1583 - Regional housing agency; name.

71-1583.
Regional housing agency; name.
Each regional housing agency established pursuant to the Nebraska Housing Agency Act shall adopt, within or together with the resolution or ordinance required under section 71-1581, a name for all legal and operating purposes. The name so adopted shall include a reference to the geographic locus of the agency and such other name or identifier as the governing bodies establishing the agency shall determine. A regional housing agency established under prior law may adopt a name consistent with this section by resolution or ordinance adopted by at least two-thirds of such agency's entire board of commissioners and approved by the governing bodies of all political subdivisions establishing such agency.
Source
Laws 1999, LB 105, § 12.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-1584 - Regional housing agency; evidence of establishment.

71-1584.
Regional housing agency; evidence of establishment.
A duly certified copy of the resolution or ordinance establishing a regional housing agency shall, in any proceeding in which such evidence may be required, be conclusive evidence that such agency has been properly established and is authorized to transact business and exercise its powers under the Nebraska Housing Agency Act.
Source
Laws 1999, LB 105, § 13.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-1585 - Regional housing agency; additional members; procedure.

71-1585.
Regional housing agency; additional members; procedure.
After a regional housing agency has been established, any additional city or county may elect to participate as a member of such regional housing agency upon adoption of a resolution or ordinance to such effect containing, in substance, the findings provided in section 71-1581, if a majority of the existing commissioners of such regional housing agency and all participating political subdivisions, by action of their respective governing bodies, consent to such additional member or members.
Source
Laws 1999, LB 105, § 14.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-1586 - Regional housing agency; withdrawal; conditions; effect.

71-1586.
Regional housing agency; withdrawal; conditions; effect.
Any participating city or county may withdraw from participation in the regional housing agency by resolution or ordinance of its governing body. Any withdrawal from participation shall be subject to, and may occur only pursuant to, the following conditions:
(1) The regional housing agency has no bonds, notes, or other obligations outstanding or adequate provision for payment of such bonds, notes, or other obligations, by escrow or otherwise, has been made. Past performance without breach or default of an obligation secured only by one or more developments or the income thereof shall be deemed to be adequate provision;
(2) The withdrawing city or county has made adequate provision for the performance of all of its outstanding obligations and responsibilities as a participant in the regional housing agency;
(3) The withdrawing city or county has given six months' written notice to the regional housing agency and all other cities and counties participating therein; and
(4) The commissioner or commissioners appointed by the withdrawing city or county shall be deemed to have resigned as of the date upon which the withdrawal is effective. Vacancies on the board of commissioners created by withdrawal of a city or county shall be filled in such manner as the cities and counties remaining as participants shall agree.
Notwithstanding the withdrawal of any participating city or county, the legal title to and operating responsibility for any development located outside the area of operation of the regional housing agency remaining after such withdrawal has occurred shall continue to be vested in the regional housing agency unless a different arrangement is made.
Source
Laws 1999, LB 105, § 15.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-1587 - Regional housing agency; become local housing agency or dissolve; when.

71-1587.
Regional housing agency; become local housing agency or dissolve; when.
If only one city or county remains as a participant in any regional housing agency, such regional housing agency shall become the local housing agency of the remaining city or county at the discretion of its governing body, or such regional housing agency shall be dissolved and its assets and liabilities transferred to another existing housing agency or to a city or county or other public agency in the manner provided for dissolution of a local housing agency under sections 71-15,108 to 71-15,111.
Source
Laws 1999, LB 105, § 16.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-1589 - Debts and liability; responsibility.

71-1589.
Debts and liability; responsibility.
Except to the extent such city or county or this state may expressly elect to undertake such liability, neither any city or county with respect to which a local housing agency is established, nor any city or county participating in a regional housing agency, nor the state, nor any other public agency of this state shall be responsible for the debts or liabilities of any local housing agency or regional housing agency.
Source
Laws 1999, LB 105, § 18.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-1591 - Property; exempt from judicial process.

71-1591.
Property; exempt from judicial process.
Except to the extent a local housing agency or its controlled affiliates may otherwise expressly agree, all real and personal property of a local housing agency and its controlled affiliates shall be exempt from execution, levy, and sale for the payment of debt or otherwise pursuant to any judicial or other process.
Source
Laws 1999, LB 105, § 20.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-1592 - Agency representatives; exempt from licensing requirements; when.

71-1592.
Agency representatives; exempt from licensing requirements; when.
All representatives of a local housing agency, acting within the scope of carrying out the business and conducting the affairs of a local housing agency, shall be exempt from all licensing requirements imposed by any law with respect to the sale, rental, or management of real property or the improvement or development thereof, including requirements imposing any fee or charge.
Source
Laws 1999, LB 105, § 21.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-1593 - Applicability of Administrative Procedure Act and procurement, operation, and disposition of property provisions.

71-1593.
Applicability of Administrative Procedure Act and procurement, operation, and disposition of property provisions.
The following provisions of law, and any regulations relating thereto, shall not apply to a local housing agency unless the legislation imposing such requirements is expressly and specifically applicable to local housing agencies or the local housing agency expressly elects to be governed by such legislation or regulations:
(1) The Administrative Procedure Act; and
(2) Any law, resolution, ordinance, or regulation governing or otherwise applicable to the procurement of goods and services, or to the acquisition, operation, or disposition of property by public agencies of this state, including any requirements for delivery of payment or performance bonds by contractors.
Source
Laws 1999, LB 105, § 22.
Cross References
Administrative Procedure Act, see section 84-920.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-1594 - Local housing agency; commissioners; appointment.

71-1594.
Local housing agency; commissioners; appointment.
(1) When the governing body of any city or county, as the case may be, has determined by resolution or ordinance as set forth in section 71-1578 that it is expedient to establish a local housing agency:
(a) In the case of cities other than cities of the metropolitan class, the chief elected official of such city shall appoint at least five and not more than seven adult persons;
(b) In the case of cities of the metropolitan class, the chief elected official of such city shall appoint seven adult persons; and
(c) In the case of counties, the county board shall appoint at least five and not more than seven adult persons.
(2) All such persons shall be residents of the area of operation of the agency. If the selection of a resident commissioner is required under section 71-15,104, then at least one such person shall be a resident commissioner selected as provided in such section. Such persons so appointed shall constitute the governing body of the local housing agency and shall be called commissioners.
Source
Laws 1999, LB 105, § 23;
Laws 2018, LB399, § 1.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-1595 - Commissioners; powers; quorum; executive committee.

71-1595.
Commissioners; powers; quorum; executive committee.
(1) The powers of each local housing agency shall be vested in its commissioners in office. A majority of the commissioners shall constitute a quorum of the agency for the purpose of conducting its business and exercising its powers and for all other purposes. Except for any matter with respect to which the resolution or ordinance creating the agency or its bylaws requires a higher number or proportion of votes, action may be taken by the agency upon the vote of a majority of the commissioners present and voting.
(2) Housing agencies that have twelve or more commissioners may, by resolution or bylaw, establish an executive committee of at least five commissioners. The committee shall have such powers over the management or operation of such housing agency as the commissioners of such agency shall specify and declare in the resolution establishing the executive committee.
Source
Laws 1999, LB 105, § 24.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-1596 - Commissioners; appointment; procedure.

71-1596.
Commissioners; appointment; procedure.
When commissioners are appointed or reappointed by the chief elected official of a city or county, such appointments or reappointments shall be referred to the governing body of such city or county for confirmation or denial by such governing body, and such governing body shall confirm or deny any such appointment or reappointment.
Source
Laws 1999, LB 105, § 25.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-1597 - Regional housing agency; commissioners; appointment.

71-1597.
Regional housing agency; commissioners; appointment.
When the governing bodies of two or more political subdivisions have determined by resolution or ordinance pursuant to section 71-1581 to establish and participate in a regional housing agency, the chief elected officials of such political subdivisions or, if no such official exists for a participating political subdivision, then the governing body thereof, shall appoint adult persons who shall be residents of the area of operation of the regional housing agency. Such persons so appointed shall constitute the governing body of the regional housing agency and shall be called commissioners. The number of commissioners who shall be appointed by each participating political subdivision shall be as agreed upon by the participating political subdivisions.
Source
Laws 1999, LB 105, § 26.