reglab/statecodes huggingface dataset:
2023 Nebraska Revised Statutes › Chapter 67 - Partnerships › 67-454 - Statement of qualification; limited liability partnership engaged in practice of law; requirements.

67-454.
Statement of qualification; limited liability partnership engaged in practice of law; requirements.
(1) A partnership may become a limited liability partnership pursuant to this section.
(2) The terms and conditions on which a partnership becomes a limited liability partnership must be approved by the vote necessary to amend the partnership agreement except, in the case of a partnership agreement that expressly considers obligations to contribute to the partnership, the vote necessary to amend those provisions.
(3) After the approval required by subsection (2) of this section, a partnership may become a limited liability partnership by filing a statement of qualification with the Secretary of State. The statement must contain:
(a) The name of the partnership;
(b) The street address of the partnership's chief executive office and, if different, the street address of an office in this state, if any;
(c) If the partnership does not have an office in this state, the name and street address and post office box number, if any, of the partnership's agent for service of process;
(d) A statement that the partnership elects to be a limited liability partnership; and
(e) A deferred effective date, if any.
(4) The agent of a limited liability partnership for service of process must be an individual who is a resident of this state or other person authorized to do business in this state.
(5) The status of a partnership as a limited liability partnership is effective on the later of the filing of the statement or a date specified in the statement. The status remains effective, regardless of changes in the partnership, until it is canceled pursuant to subsection (4) of section 67-406 or revoked pursuant to section 67-456.
(6) The status of a partnership as a limited liability partnership and the liability of its partners is not affected by errors or later changes in the information required to be contained in the statement of qualification under subsection (3) of this section.
(7) The filing of a statement of qualification establishes that a partnership has satisfied all conditions precedent to the qualification of the partnership as a limited liability partnership.
(8) An amendment or cancellation of a statement of qualification is effective when it is filed or on a deferred effective date specified in the amendment or cancellation.
(9) Any limited liability partnership engaging in the practice of law in this state shall file with the Secretary of State, along with its statement of qualification, a certificate of authority issued by the Nebraska Supreme Court. In addition, such certificate of authority shall be renewed annually and filed by the limited liability partnership with its annual report required by section 67-456.
Source
Laws 1997, LB 523, § 54;
Laws 2004, LB 16, § 6;
Laws 2008, LB383, § 7.
2023 Nebraska Revised Statutes › Chapter 67 - Partnerships › 67-455 - Name.

67-455.
Name.
(1) The name of a limited liability partnership shall:
(a) End with "registered limited liability partnership", "limited liability partnership", "R.L.L.P.", "RLLP", "L.L.P.", or "LLP";
(b) Not be the same as or deceptively similar to, upon the records in the office of the Secretary of State, a trade name registered in this state pursuant to sections 87-208 to 87-219.01; and
(c) Not be the same as or deceptively similar to, upon the records in the office of the Secretary of State, any other business entity name registered or on file with the Secretary of State pursuant to Nebraska law.
(2) A limited liability partnership may register under any name which is deceptively similar to, upon the records in the office of the Secretary of State, any other business entity name registered or on file with the Secretary of State pursuant to Nebraska law with the written consent of the other business entity or with the transfer of the name by the other business entity. Written consent to the use of the name or written consent to the transfer of the name shall be filed with the Secretary of State.
Source
Laws 1997, LB 523, § 55;
Laws 2003, LB 464, § 9;
Laws 2011, LB462, § 6.
2023 Nebraska Revised Statutes › Chapter 67 - Partnerships › 67-457 - Law governing foreign limited liability partnership.

67-457.
Law governing foreign limited liability partnership.
(1) The law under which a foreign limited liability partnership is formed governs relations among the partners and between the partners and the partnership and the liability of partners for obligations of the partnership.
(2) A foreign limited liability partnership may not be denied a statement of foreign qualification by reason of any difference between the law under which the partnership was formed and the law of this state.
(3) A statement of foreign qualification does not authorize a foreign limited liability partnership to engage in any business or exercise any power that a partnership may not engage in or exercise in this state as a limited liability partnership.
Source
Laws 1997, LB 523, § 57.
2023 Nebraska Revised Statutes › Chapter 67 - Partnerships › 67-458 - Statement of foreign qualification; foreign limited liability partnership engaged in practice of law; requirements.

67-458.
Statement of foreign qualification; foreign limited liability partnership engaged in practice of law; requirements.
(1) Before transacting business in this state, a foreign limited liability partnership must file a statement of foreign qualification. The statement must contain:
(a) The name of the foreign limited liability partnership which (i) satisfies the requirements of the state or other jurisdiction under whose law it is formed, (ii) ends with "registered limited liability partnership", "limited liability partnership", "R.L.L.P.", "RLLP", "L.L.P.", "LLP", or similar words or abbreviations as required by the jurisdiction under whose law it is formed, and (iii) complies with the requirements of a domestic limited liability partnership as provided in subdivisions (1)(b) and (c) and subsection (2) of section 67-455;
(b) The street address of the partnership's chief executive office and, if different, the street address of an office of the partnership in this state, if any;
(c) If there is no office of the partnership in this state, the name and street address and post office box number, if any, of the partnership's agent for service of process; and
(d) A deferred effective date, if any.
(2) The agent of a foreign limited liability partnership for service of process must be an individual who is a resident of this state or other person authorized to do business in this state.
(3) The status of a partnership as a foreign limited liability partnership is effective on the later of the filing of the statement of foreign qualification or a date specified in the statement. The status remains effective, regardless of changes in the partnership, until it is canceled pursuant to subsection (4) of section 67-406 or revoked pursuant to section 67-456.
(4) An amendment or cancellation of a statement of foreign qualification is effective when it is filed or on a deferred effective date specified in the amendment or cancellation.
(5) Any foreign limited liability partnership engaged in the practice of law in this state shall file with the Secretary of State, along with its statement of foreign qualification, a certificate of authority issued by the Nebraska Supreme Court. In addition, such certificate of authority shall be renewed annually and filed by the foreign limited liability partnership with its annual report required by section 67-456.
Source
Laws 1997, LB 523, § 58;
Laws 2004, LB 16, § 8;
Laws 2008, LB383, § 9.
2023 Nebraska Revised Statutes › Chapter 67 - Partnerships › 67-459 - Effect of failure to qualify.

67-459.
Effect of failure to qualify.
(1) A foreign limited liability partnership transacting business in this state may not maintain an action or proceeding in this state unless it has in effect a statement of foreign qualification.
(2) The failure of a foreign limited liability partnership to have in effect a statement of foreign qualification does not impair the validity of a contract or act of the foreign limited liability partnership or preclude it from defending an action or proceeding in this state.
(3) A limitation on personal liability of a partner is not waived solely by transacting business in this state without a statement of foreign qualification.
(4) If a foreign limited liability partnership transacts business in this state without a statement of foreign qualification, the Secretary of State is its agent for service of process with respect to a right of action arising out of the transaction of business in this state.
Source
Laws 1997, LB 523, § 59.
2023 Nebraska Revised Statutes › Chapter 67 - Partnerships › 67-460 - Activities not constituting transacting business.

67-460.
Activities not constituting transacting business.
(1) Activities of a foreign limited liability partnership which do not constitute transacting business for purposes of sections 67-457 to 67-461 include:
(a) Maintaining, defending, or settling an action or proceeding;
(b) Holding meetings of its partners or carrying on any other activity concerning its internal affairs;
(c) Maintaining bank accounts;
(d) Maintaining offices or agencies for the transfer, exchange, and registration of the partnership's own securities or maintaining trustees or depositories with respect to those securities;
(e) Selling through independent contractors;
(f) Soliciting or obtaining orders, whether by mail or through employees or agents or otherwise, if the orders require acceptance outside this state before they become contracts;
(g) Creating or acquiring indebtedness, with or without a mortgage, or other security interest in property;
(h) Collecting debts or foreclosing mortgages or other security interests in property securing the debts, and holding, protecting, and maintaining property so acquired;
(i) Conducting an isolated transaction that is completed within thirty days and is not one in the course of similar transactions; and
(j) Transacting business in interstate commerce.
(2) For purposes of sections 67-457 to 67-461, the ownership in this state of income-producing real property or tangible personal property, other than property excluded under subsection (1) of this section, constitutes transacting business in this state.
(3) This section does not apply in determining the contacts or activities that may subject a foreign limited liability partnership to service of process, taxation, or regulation under any other law of this state.
Source
Laws 1997, LB 523, § 60.
2023 Nebraska Revised Statutes › Chapter 67 - Partnerships › 67-462 - Fees.

67-462.
Fees.
The filing fee for filing a statement of partnership authority pursuant to section 67-415, a statement of qualification pursuant to section 67-454, or a statement of foreign qualification pursuant to section 67-458 is one hundred ten dollars if the filing is submitted in writing and one hundred dollars if the filing is submitted electronically pursuant to section 84-511. The filing fee for all other filings by partnerships or limited liability partnerships pursuant to the Uniform Partnership Act of 1998 is thirty dollars if the filing is submitted in writing and twenty-five dollars if the filing is submitted electronically pursuant to section 84-511. A fee of one dollar per page shall be paid for a certified copy of any document on file pursuant to the act and ten dollars for the certificate. The filing fees pursuant to the act shall be paid to the Secretary of State and remitted to the State Treasurer. The State Treasurer shall credit sixty percent of the fees to the General Fund and forty percent of the fees to the Secretary of State Cash Fund.
Source
Laws 1997, LB 523, § 62;
Laws 2020, LB910, § 28.
2023 Nebraska Revised Statutes › Chapter 67 - Partnerships › 67-463 - Uniformity of application and construction.

67-463.
Uniformity of application and construction.
The Uniform Partnership Act of 1998 shall be applied and construed to effectuate its general purpose to make uniform the law with respect to the subject of the act among states enacting it.
Source
Laws 1997, LB 523, § 63.
2023 Nebraska Revised Statutes › Chapter 67 - Partnerships › 67-464 - Partnerships; applicability of act.

67-464.
Partnerships; applicability of act.
On and after January 1, 2001, the Uniform Partnership Act of 1998 governs all partnerships.
Source
Laws 1997, LB 523, § 64;
Laws 2008, LB707, § 2.
2023 Nebraska Revised Statutes › Chapter 67 - Partnerships › 67-465 - Limited liability partnership; applicability of act.

67-465.
Limited liability partnership; applicability of act.
After January 1, 2001, the Uniform Partnership Act of 1998 governs all limited liability partnerships.
Source
Laws 1997, LB 523, § 65;
Laws 2008, LB707, § 3.
2023 Nebraska Revised Statutes › Chapter 68 - Public Assistance › 68-115 - Legal settlement, defined; exclusions; minors; termination.

68-115.
Legal settlement, defined; exclusions; minors; termination.
(1) The term legal settlement for all public assistance programs shall be taken and considered to mean as follows:
Every person, except those hereinafter mentioned, who has resided one year continuously in any county, shall be deemed to have a legal settlement in such county.
Every person who has resided one year continuously within the state, but not in any one county shall have a legal settlement in the county in which he or she has resided six months continuously.
(2) The time during which a person has been an inmate of any public or private charitable or penal institution, or has received care at public expense in any type of care home, nursing home, or board and room facility licensed as such and caring for more than one patient or guest, and each month during which he or she has received relief from private charity or the poor fund of any county shall be excluded in determining the time of residence hereunder, as referred to in subsection (1) of this section.
(3) Every minor who is not emancipated and settled in his or her own right shall have the same legal settlement as the parent with whom he or she has resided.
(4) A legal settlement in this state shall be terminated and lost by (a) acquiring a new one in another state or by (b) voluntary and uninterrupted absence from this state for the period of one year with intent to abandon residence in Nebraska.
Source
R.S.1866, c. 40, § 15, p. 277;
R.S.1913, § 5809;
C.S.1922, § 5154;
C.S.1929, § 68-115;
Laws 1933, c. 118, § 9, p. 483;
C.S.Supp.,1941, § 68-115;
R.S.1943, § 68-115;
Laws 1953, c. 229, § 1, p. 800;
Laws 1961, c. 327, § 1, p. 1034;
Laws 1975, LB 165, § 1;
Laws 1982, LB 522, § 24;
Laws 1982, LB 602, § 3;
Laws 1983, LB 604, § 20.
Annotations
The county where pauper has legal settlement is the county of ultimate liability for his maintenance and care. Miller v. Banner County, 135 Neb. 549, 283 N.W. 206 (1939).
Absence of unemancipated minor child from home of parents does not affect his settlement. Miller v. Banner County, 127 Neb. 690, 256 N.W. 639 (1934), affirming 127 Neb. 1, 254 N.W. 669 (1934).
One's residence is where he has his established home and to which, when absent, he intends to return. State ex rel. Vale v. School Dist. of City of Superior, 55 Neb. 317, 75 N.W. 855 (1898).
2023 Nebraska Revised Statutes › Chapter 68 - Public Assistance › 68-126 - Health services; maximum payments; rules and regulations; standard of need for medical services; established.

68-126.
Health services; maximum payments; rules and regulations; standard of need for medical services; established.
The Department of Health and Human Services shall adopt and promulgate rules and regulations establishing maximum payments for all health services furnished to recipients of public assistance. Each county shall, not later than December 31, 1984, establish a standard of need for medical services furnished, pursuant to section 68-104, by the counties to indigent persons who are not eligible for other medical assistance programs. This standard shall not exceed the Office of Management and Budget income poverty guidelines.
Source
Laws 1963, c. 384, § 1, p. 1229;
Laws 1982, LB 522, § 25;
Laws 1982, LB 602, § 4;
Laws 1984, LB 886, § 2;
Laws 1996, LB 1044, § 286;
Laws 2007, LB296, § 236.
2023 Nebraska Revised Statutes › Chapter 68 - Public Assistance › 68-128 - Emergency assistance; families with children.

68-128.
Emergency assistance; families with children.
From such funds as may be appropriated for such purpose, the Department of Health and Human Services shall provide emergency assistance benefits on behalf of families who have children.
Source
Laws 1973, LB 477, § 1;
Laws 1989, LB 362, § 4;
Laws 1996, LB 1044, § 287.
2023 Nebraska Revised Statutes › Chapter 68 - Public Assistance › 68-129 - Public assistance; computation of available resources; exclusions.

68-129.
Public assistance; computation of available resources; exclusions.
The Department of Health and Human Services shall, by rule and regulation, when determining need for public assistance on the basis of available resources, exclude from the definition of available resources of an applicant for assistance either the funds deposited in an irrevocable trust fund created pursuant to section 12-1106 or up to four thousand dollars, increased annually as provided in this section, of the amount paid for a policy of insurance the proceeds of which are specifically and irrevocably designated, assigned, or pledged for the payment of the applicant's burial expenses. The Department of Health and Human Services shall increase such amount annually on September 1 beginning with the year 2006 by the percentage change in the Consumer Price Index for All Urban Consumers published by the Federal Bureau of Labor Statistics at the close of the twelve-month period ending on August 31 of such year. This section shall not preclude the eligibility for assistance of an applicant who has purchased such a policy of insurance prior to July 9, 1988, unless such applicant is subject to subdivision (3) of section 68-1002.
Source
Laws 1982, LB 314, § 1;
Laws 1986, LB 643, § 22;
Laws 1988, LB 1010, § 1;
Laws 1996, LB 1044, § 288;
Laws 2006, LB 85, § 2;
Laws 2007, LB296, § 237.
2023 Nebraska Revised Statutes › Chapter 68 - Public Assistance › 68-130 - Counties; maintain office and service facilities; review by department.

68-130.
Counties; maintain office and service facilities; review by department.
(1) Counties shall maintain, at no additional cost to the Department of Health and Human Services, office and service facilities used for the administration of the public assistance programs as such facilities existed on April 1, 1983.
(2) The county board of any county may request in writing that the department review office and service facilities provided by the county for the department to determine if the department is able to reduce or eliminate office and service facilities within the county. The department shall respond in writing to such request within thirty days after receiving the request. The final decision with respect to maintaining, reducing, or eliminating office and service facilities in such county shall be made by the department, and the county may reduce or eliminate office and service facilities if authorized by such final decision.
Source
Laws 1982, LB 602, § 5;
Laws 1983, LB 604, § 21;
Laws 1996, LB 1044, § 289;
Laws 2007, LB296, § 238;
Laws 2011, LB234, § 1.
2023 Nebraska Revised Statutes › Chapter 68 - Public Assistance › 68-131 - Poor person; support by county; when eligible.

68-131.
Poor person; support by county; when eligible.
When any poor person does not have a spouse, parent, or stepparent supporting him or her or is not eligible for other general assistance programs, the poor person shall receive such relief, referred to as general assistance for purposes of sections 68-131 to 68-148, out of the treasury of the county in which he or she has legal settlement at the time of applying for assistance, in the manner provided in sections 68-131 to 68-148. Any person who is or becomes ineligible for other general assistance programs due to his or her own actions or inactions shall also be ineligible for general assistance from the county.
Source
Laws 1983, LB 604, § 1;
Laws 1995, LB 455, § 4.
2023 Nebraska Revised Statutes › Chapter 68 - Public Assistance › 68-132 - County board; duties.

68-132.
County board; duties.
The county board of each county shall be the overseer of the poor and shall be vested with the superintendence of the poor in such county. It shall be the duty of the county board to provide general assistance to all poor persons (1) who meet the requirements contained in section 68-131 and who are eligible for general assistance pursuant to standards established by the county board as required by section 68-133 or (2) who are eligible for and participate in a program established pursuant to section 68-152. Such general assistance shall be in amounts established by the county board as required by section 68-133 and shall be adequate to insure maintenance of minimum health and decency.
Source
Laws 1983, LB 604, § 2;
Laws 1990, LB 422, § 6.
2023 Nebraska Revised Statutes › Chapter 68 - Public Assistance › 68-133 - County; adopt standards; requirements.

68-133.
County; adopt standards; requirements.
Each county shall, not later than July 1, 1984, adopt written standards of eligibility and assistance for general assistance to poor persons. Such standards shall:
(1) Provide that all individuals desiring to make application for general assistance shall have opportunity to do so and that general assistance shall be furnished to all eligible individuals:
(a) Within seven days after the submission of the application if the need is short-term; and
(b) Within thirty days after the submission of the application if the need is continuous;
(2) Provide a schedule of goods and services necessary for the maintenance of minimum decency and health for families of various sizes, including single persons. Such schedule shall include, but not be limited to, food, housing, utilities, clothing, medical expenses, burial expenses, laundry, transportation, housing supplies, personal care, and such other goods and services as the county board shall deem necessary to insure the maintenance of minimum health and decency;
(3) Provide a schedule setting forth the amount of money needed to obtain those goods and services referred to in subdivision (2) of this section;
(4) Provide a schedule setting forth the amount of money to be paid to families and individuals who are in need of those goods and services when:
(a) That need is continuous; and
(b) That need is short-term;
(5) Provide a schedule of the income and assets which shall be considered as being available to a family or individual and which shall guarantee that only such income and assets as are in the immediate possession and control of the family or person shall be considered as available;
(6) Include a definition of poor persons which will insure that all families and individuals whose available income and assets, as set forth pursuant to subdivision (5) of this section, are less than those determined to be necessary pursuant to subdivisions (2) and (3) of this section will be eligible to receive general assistance; and
(7) Designate whether the county board or a class of employees in the county shall hold and conduct the hearings of aggrieved persons as required by sections 68-139 to 68-141.
Source
Laws 1983, LB 604, § 3.
Annotations
The Nebraska general assistance statutes obligate each county to provide to all income-eligible persons, whether or not they are residents of that county, the minimum level of care which the county has undertaken pursuant to subsection (2) of this section. Salts v. Lancaster Cty., 269 Neb. 948, 697 N.W.2d 289 (2005).
2023 Nebraska Revised Statutes › Chapter 68 - Public Assistance › 68-134 - Standards; review; filing; availability.

68-134.
Standards; review; filing; availability.
The standards established pursuant to section 68-133 and all amendments to such standards shall be reviewed by the county on a biennial basis to insure that such standards reflect changes in living standards and costs-of-living. A copy of all standards and amendments to such standards shall be filed with the Department of Health and Human Services within thirty days after their adoption by the county. Upon request of a county board, the Department of Health and Human Services shall assist the board in developing standards or amendments. Each county shall make a copy of its standards and amendments available for public inspection during normal business hours.
Source
Laws 1983, LB 604, § 4;
Laws 1996, LB 1044, § 290.
2023 Nebraska Revised Statutes › Chapter 68 - Public Assistance › 68-135 - Standards; hearing and notice.

68-135.
Standards; hearing and notice.
No county shall adopt standards or amendments to such standards pursuant to section 68-133 or 68-134 without first holding a public hearing to permit discussion and the presentation of testimony or evidence by interested persons. Notice of such hearing shall be published not more than twenty days nor less than ten days prior to the hearing in a newspaper in general circulation throughout the county.
Source
Laws 1983, LB 604, § 5.
2023 Nebraska Revised Statutes › Chapter 68 - Public Assistance › 68-136 - Failure to adopt or review standards; judicial review.

68-136.
Failure to adopt or review standards; judicial review.
A county board's failure to adopt standards or to review standards as required by sections 68-131 to 68-148 may be reviewed by the district court of the county in an action in mandamus.
Source
Laws 1983, LB 604, § 6.
2023 Nebraska Revised Statutes › Chapter 68 - Public Assistance › 68-137 - Repayment; when required.

68-137.
Repayment; when required.
No county shall require a person to make repayment or any other form of compensation for general assistance provided to such person pursuant to sections 68-131 to 68-148 if such general assistance was not obtained through misrepresentation or fraud, except that a county may require reimbursement for interim general assistance granted pending a determination of an applicant's eligibility for any supplemental security income program or other program of categorical assistance or pending the issuance of a lost or stolen categorical warrant.
Source
Laws 1983, LB 604, § 7;
Laws 1984, LB 886, § 3.
2023 Nebraska Revised Statutes › Chapter 68 - Public Assistance › 68-138 - Assistance; denial; termination; reduction; notice; hearing.

68-138.
Assistance; denial; termination; reduction; notice; hearing.
Any person whose application for assistance, made pursuant to section 68-104 or sections 68-131 to 68-148, is denied or whose continuing assistance is terminated or reduced shall, at the time of the denial, termination, or reduction, be given a written notice of the specific reasons for such denial, termination, or reduction. Such notice shall also inform the person of the right to a hearing to review the denial, termination, or reduction and the procedures for requesting such hearing.
Source
Laws 1983, LB 604, § 8;
Laws 1984, LB 886, § 4.
2023 Nebraska Revised Statutes › Chapter 68 - Public Assistance › 68-139 - Hearing before county board or hearing examiner; when allowed.

68-139.
Hearing before county board or hearing examiner; when allowed.
Any person whose claim for general assistance or medical services (1) has not been acted upon within the time established by section 68-133, (2) has been denied, (3) has not been granted in full, (4) has been reduced or terminated, or (5) has been suspended for failure to participate in a program established pursuant to section 68-152 may request a hearing on such action or inaction before the county board or, if the county board so delegates as allowed by section 68-133, before an employee of the county.
Source
Laws 1983, LB 604, § 9;
Laws 1984, LB 886, § 5;
Laws 1990, LB 422, § 7.
2023 Nebraska Revised Statutes › Chapter 68 - Public Assistance › 68-140 - Hearing; rights of person requesting.

68-140.
Hearing; rights of person requesting.
A person requesting a hearing pursuant to section 68-139 shall have the following rights:
(1) To examine the county file pertaining to his or her case prior to and during the hearing;
(2) To be represented in the proceedings by a lawyer, friend, relative, or anyone else he or she may select;
(3) To present evidence; and
(4) To confront and cross-examine witnesses.
Source
Laws 1983, LB 604, § 10;
Laws 1984, LB 886, § 6.
2023 Nebraska Revised Statutes › Chapter 68 - Public Assistance › 68-141 - Hearing; procedure.

68-141.
Hearing; procedure.
The county board or hearing examiner, as the case may be, shall use the following procedure for all hearings:
(1) Tape-record the hearing;
(2) Make a decision within thirty days following the hearing;
(3) Make the decision based upon the evidence adduced and the law;
(4) Provide the claimant a written copy of the decision setting forth findings and conclusions; and
(5) Preserve the tape of the hearing and all exhibits offered at the hearing for not less than sixty days following entry of the hearing decision.
Source
Laws 1983, LB 604, § 11.
2023 Nebraska Revised Statutes › Chapter 68 - Public Assistance › 68-142 - Judicial review; procedure.

68-142.
Judicial review; procedure.
(1) Any person aggrieved by a decision rendered pursuant to sections 68-139 to 68-141 may obtain a review of such decision in the district court of the county.
(2) Proceedings for review shall be instituted by filing a petition in the district court of the county where the decision was rendered within thirty days after service of the decision on the claimant. The county shall be made a party to the proceedings for review and summons shall be served as in other actions against a county. The court may permit other interested parties to intervene.
(3) Within fifteen days after service of summons upon the county or within such further time as the court for good cause shown may allow, the county shall prepare and transmit to the court a certified transcript of the proceedings had before it, which transcript shall include the county's standards and all amendments regarding eligibility and assistance for general assistance, the transcribed hearing record, all exhibits offered at the hearing, and the final decision sought to be reversed, vacated, or modified.
(4) The review shall be conducted by the court without a jury on the record of the county.
(5) The court may affirm the decision, remand the case for further proceedings, or reverse or modify the decision if any substantial rights of the petitioner may have been prejudiced because the decision is:
(a) In violation of constitutional provisions;
(b) In excess of the statutory authority or jurisdiction of the county;
(c) Made upon unlawful procedure;
(d) Unsupported by competent, material, and substantial evidence in view of the entire record as made on review; or
(e) Arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with the law.
Source
Laws 1983, LB 604, § 12.
2023 Nebraska Revised Statutes › Chapter 68 - Public Assistance › 68-143 - Poor person; where chargeable.

68-143.
Poor person; where chargeable.
Any person becoming chargeable as a poor person in this state shall be chargeable as such in the county in which he or she has established a legal settlement as defined in section 68-115.
Source
Laws 1983, LB 604, § 13.
2023 Nebraska Revised Statutes › Chapter 68 - Public Assistance › 68-144 - Poor person; duties of county where found and county of legal settlement.

68-144.
Poor person; duties of county where found and county of legal settlement.
If any person shall become chargeable in any county in which he or she has not established a legal settlement at the time of applying for aid, he or she shall be duly taken care of by the proper authority of the county where he or she may be found. It shall be the duty of the clerk of the county board to send a notice by mail to the clerk of the county board of the county in which such poor person has a legal settlement that such person has become chargeable as a poor person, and requesting the authorities of such county to promptly remove such poor person and to pay the expense accrued in taking care of him or her.
Source
Laws 1983, LB 604, § 14.
2023 Nebraska Revised Statutes › Chapter 68 - Public Assistance › 68-145 - Poor person; county where found; action to recover costs; when authorized.

68-145.
Poor person; county where found; action to recover costs; when authorized.
If a poor person, by reason of sickness or disease, or by neglect of the authorities of the county in which he or she has a legal settlement, or for any other sufficient cause, cannot be removed, then the county taking charge of such individual may sue for, and recover from the county to which such individual belongs, the amount expended for and in behalf of such poor person and in taking care of such person.
Source
Laws 1983, LB 604, § 15.
2023 Nebraska Revised Statutes › Chapter 68 - Public Assistance › 68-146 - Nonresident poor person; general assistance; legal settlement verified; assurances.

68-146.
Nonresident poor person; general assistance; legal settlement verified; assurances.
Whenever any poor person without a legal settlement in this state shall become sick in any county in this state, not having income and assets available to pay for medical services, or whenever any poor person without a legal settlement in this state is found in distress in any county in this state and is without income and assets to preclude suffering, it shall be the duty of the county board to furnish such temporary assistance to such person as it shall deem necessary. If any such person shall die, the county board shall provide all necessary means for a decent burial of such person. If such poor person has a legal settlement in another state, the county board may furnish such person, in addition to temporary assistance, transportation and the requisite expenses incurred thereby and may return such poor person to the state in which he or she has legal settlement. The representation by a poor person of a legal settlement shall be verified by the county board and assurance shall be given the board that such poor person will be received and given care in the place of his or her legal settlement. If any poor person without a legal settlement in this state shall apply for general assistance in any county in which he or she is situated, the county board may proceed at its discretion to provide for such poor person in the same manner as it would provide for a poor person with legal settlement in the county.
Source
Laws 1983, LB 604, § 16.
2023 Nebraska Revised Statutes › Chapter 68 - Public Assistance › 68-147 - County, when liable.

68-147.
County, when liable.
Even though a poor person may be eligible for general assistance, the county board shall have no liability to such person until the county board or the person to whom it has delegated responsibility for administration of general assistance shall have passed upon a written application for assistance or shall have failed to act upon the written application within the appropriate time prescribed in section 68-133. If a poor person is incapable, for any cause, of completing a written application for assistance, it may be completed by another acting in the interest of such poor person.
Source
Laws 1983, LB 604, § 17.
2023 Nebraska Revised Statutes › Chapter 68 - Public Assistance › 68-148 - General assistance; not alienable; exception.

68-148.
General assistance; not alienable; exception.
No general assistance shall be alienable by assignment or transfer, or be subject to attachment, garnishment, or any other legal process, except that a county may pay general assistance directly to any person, corporation, or other legal entity providing goods or services, as described in section 68-133, to the poor person.
Source
Laws 1983, LB 604, § 18.
2023 Nebraska Revised Statutes › Chapter 68 - Public Assistance › 68-149 - Reimbursement to county; when; procedure.

68-149.
Reimbursement to county; when; procedure.
The county shall be reimbursed for any medical assistance or health services by the spouse, father, or mother of any recipient if they or any of them are of sufficient ability. A proceeding may be instituted in any court of competent jurisdiction in this state against such relative for reimbursement of medical care or health services made to or on behalf of a recipient at any time prior to the expiration of one year after the date of the last assistance payment. Suit shall be instituted in the name of the county.
Source
Laws 1984, LB 886, § 7.
2023 Nebraska Revised Statutes › Chapter 68 - Public Assistance › 68-150 - Application; right of subrogation.

68-150.
Application; right of subrogation.
An application for county general assistance or for county health services shall give a right of subrogation to the county furnishing such aid. Subject to sections 68-921 to 68-925, subrogation shall include every claim or right which the applicant may have against a third party when such right or claim involves money for medical care. The third party shall be liable to make payments directly to the county as soon as he or she is notified in writing of the valid claim for subrogation under this section.
Source
Laws 1984, LB 886, § 8;
Laws 1988, LB 419, § 12;
Laws 1989, LB 362, § 5;
Laws 2006, LB 1248, § 68.
2023 Nebraska Revised Statutes › Chapter 68 - Public Assistance › 68-151 - Employable recipients; legislative findings.

68-151.
Employable recipients; legislative findings.
The Legislature hereby finds and declares that the increase in the number of recipients of county general assistance funds by employable recipients is a cause of great concern among county governments. County officials realize that a part of the recent increase in recipients was caused by the recent economic recession, especially in the rural areas of the state. Recognizing such increase and some of its causes, county officials wish to establish a program designed to encourage employable recipients to enroll in county-approved vocational, rehabilitation, or job training programs or to require employable recipients to perform community service in exchange for county general assistance. The establishment of such a program will result in more persons leading productive lives, less unemployment, and savings for the taxpayers of the state.
Source
Laws 1990, LB 422, § 1;
Laws 1991, LB 227, § 1.
2023 Nebraska Revised Statutes › Chapter 68 - Public Assistance › 68-152 - Employable recipients; programs authorized.

68-152.
Employable recipients; programs authorized.
A county may develop, establish, and implement vocational, rehabilitation, job training, and community service programs for employable recipients.
Source
Laws 1990, LB 422, § 2;
Laws 1991, LB 227, § 2.
2023 Nebraska Revised Statutes › Chapter 68 - Public Assistance › 68-153 - Employable recipients; terms, defined.

68-153.
Employable recipients; terms, defined.
For purposes of sections 68-151 to 68-155:
(1) Community service shall mean labor performed for a governmental agency, nonprofit corporation, or health care corporation;
(2) Employable recipient shall mean any individual who is eighteen years of age or older, who is receiving county general assistance pursuant to sections 68-131 to 68-148, who is not engaged in full-time employment or satisfactorily participating in a county-approved vocational, rehabilitation, job training, or community service program, and who is not rendered unable to work by illness or significant and substantial mental or physical incapacitation to the degree and of the duration that the illness or incapacitation prevents the person from performing designated vocational, rehabilitation, job training, or community service activities;
(3) Full-time employment shall mean being employed at least twenty-five hours per week and receiving wages, tips, and other compensation which meet the applicable federal minimum wage requirements; and
(4) Job training program shall mean vocational training in technical job skills and equivalent knowledge.
Source
Laws 1990, LB 422, § 3;
Laws 1991, LB 227, § 3;
Laws 2013, LB156, § 1.
2023 Nebraska Revised Statutes › Chapter 68 - Public Assistance › 68-154 - Employable recipients; rules and regulations.

68-154.
Employable recipients; rules and regulations.
Any county which establishes a vocational, rehabilitation, job training, or community service program shall adopt and promulgate written rules and regulations to ensure fair and equitable treatment of employable recipients of general assistance.
Source
Laws 1990, LB 422, § 4;
Laws 1991, LB 227, § 4.
2023 Nebraska Revised Statutes › Chapter 68 - Public Assistance › 68-154.01 - Employable recipient; community service required; exception.

68-154.01.
Employable recipient; community service required; exception.
(1) Any individual applying for general assistance who has completed a county-approved vocational, rehabilitation, or job training program within two years prior to the date of such application or who refuses or fails to participate in such a program may be required to participate in a county-approved community service program. Any employable recipient who has completed such a vocational, rehabilitation, or job training program and continues to be unemployed for a period of three calendar months from the date of completing such program may be required to participate in such a community service program.
(2) No individual who is a single parent and has legal custody of his or her child under six years of age shall be required to perform community service. No individual shall be required to participate in a county-approved community service program unless he or she has first been given the opportunity to participate in a county-approved vocational, rehabilitation, or job training program.
(3) The maximum number of hours of community service required of each employable recipient shall be determined by dividing the amount of his or her general assistance received in the calendar month by the federal minimum hourly wage. No individual shall be required to perform community service for more than eight hours in any one day or more than sixteen hours in one week.
(4) No individual required to perform community service pursuant to this section shall be denied general assistance for failure to participate in a county-approved community service program through no fault of his or her own.
Source
Laws 1991, LB 227, § 5.
2023 Nebraska Revised Statutes › Chapter 68 - Public Assistance › 68-154.02 - Employable recipient; community service; costs; paid by county.

68-154.02.
Employable recipient; community service; costs; paid by county.
The cost of transportation of participants to community service projects, supervision, and necessary equipment shall be paid by the county.
Source
Laws 1991, LB 227, § 6.
2023 Nebraska Revised Statutes › Chapter 68 - Public Assistance › 68-154.03 - Employable recipient; community service; participation; how construed.

68-154.03.
Employable recipient; community service; participation; how construed.
Participation in a county-approved community service program shall not be construed as employment for purposes of Chapter 48. No employable recipient participating in such a community service program shall be deemed an employee of the county for purposes of the County Employees Retirement Act or for any other purpose.
Source
Laws 1991, LB 227, § 7.
Cross References
County Employees Retirement Act, see section 23-2331.
2023 Nebraska Revised Statutes › Chapter 68 - Public Assistance › 68-155 - Employable recipients; ineligible; when; notice; appeal.

68-155.
Employable recipients; ineligible; when; notice; appeal.
Any employable recipient who fails or refuses to participate in a county-approved vocational, rehabilitation, job training, or community service program shall be ineligible for continued general assistance for a period of three calendar months, except that any employable recipient denied general assistance pursuant to this section shall receive written notice of his or her ineligibility and shall have thirty days from the date of receipt of the written notice to appeal such decision. All such appeals shall be governed by sections 68-139 to 68-142.
Source
Laws 1990, LB 422, § 5;
Laws 1991, LB 227, § 8.
2023 Nebraska Revised Statutes › Chapter 68 - Public Assistance › 68-158 - Program to provide amino acid-based elemental formulas; Department of Health and Human Services; duties; report.

68-158.
Program to provide amino acid-based elemental formulas; Department of Health and Human Services; duties; report.
The Department of Health and Human Services shall establish a program to provide amino acid-based elemental formulas for the diagnosis and treatment of Immunoglobulin E and non-Immunoglobulin E mediated allergies to multiple food proteins, food-protein-induced enterocolitis syndrome, eosinophilic disorders, and impaired absorption of nutrients caused by disorders affecting the absorptive surface, functional length, and motility of the gastrointestinal tract, when the ordering physician has issued a written order stating that the amino acid-based elemental formula is medically necessary for the treatment of a disease or disorder. Up to fifty percent of the actual out-of-pocket cost, not to exceed twelve thousand dollars, for amino acid-based elemental formulas shall be available to an individual without fees each twelve-month period. The department shall distribute funds on a first-come, first-served basis. Nothing in this section is deemed to be an entitlement. The maximum total General Fund expenditures per year for amino acid-based elemental formulas shall not exceed two hundred fifty thousand dollars each fiscal year in FY2014-15 and FY2015-16. The Department of Health and Human Services shall provide an electronic report on the program to the Legislature annually on or before December 15 of each year.
Source
Laws 2014, LB254, § 3.
2023 Nebraska Revised Statutes › Chapter 68 - Public Assistance › 68-301 - State Assistance Fund; created; investment.

68-301.
State Assistance Fund; created; investment.
A fund to be known as the State Assistance Fund is created and established in the treasury of the State of Nebraska. Such fund shall consist of all money appropriated to it by the Legislature, allocated by the government of the United States, or donated or allocated from other sources. 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 1935, Spec. Sess., c. 20, § 1, p. 134;
Laws 1937, c. 188, § 1, p. 747;
Laws 1939, c. 121, § 1, p. 509;
Laws 1941, c. 174, § 1, p. 682;
C.S.Supp.,1941, § 68-317;
R.S.1943, § 68-301;
Laws 1947, c. 144, § 15, p. 400;
Laws 1959, c. 311, § 1, p. 1151;
Laws 1965, c. 399, § 1, p. 1280;
Laws 1969, c. 584, § 63, p. 2384;
Laws 1995, LB 7, § 65.
Cross References
Nebraska Capital Expansion Act, see section 72-1269.
Nebraska State Funds Investment Act, see section 72-1260.
Annotations
This section provided for allocation of certain taxes and funds to the State Assistance Fund, and was not intended as a continuing appropriation. Rein v. Johnson, 149 Neb. 67, 30 N.W.2d 548 (1947).
2023 Nebraska Revised Statutes › Chapter 68 - Public Assistance › 68-309 - Department of Health and Human Services; sole state agency for administration of welfare programs.

68-309.
Department of Health and Human Services; sole state agency for administration of welfare programs.
The Department of Health and Human Services shall be the sole agency of the State of Nebraska to administer the State Assistance Fund for assistance to the aged, blind, or disabled, aid to dependent children, medical assistance, medically handicapped children's services, child welfare services, and such other assistance and services as may be made available to the State of Nebraska by the government of the United States.
Source
Laws 1935, Spec. Sess., c. 20, § 7, p. 136;
C.S.Supp.,1941, § 68-323;
R.S.1943, § 68-309;
Laws 1951, c. 216, § 1, p. 780;
Laws 1963, c. 388, § 2, p. 1238;
Laws 1965, c. 399, § 2, p. 1280;
Laws 1982, LB 522, § 28;
Laws 1985, LB 249, § 2;
Laws 1996, LB 1044, § 294;
Laws 2007, LB296, § 239.