Nebraska AG Opinions — 1999
52 opinions issued in 1999.
Attorney General Opinion No. 99-052: Necessity For An Increase In The State Treasurer's Appropriation Authority If The State Treasurer Is To Operate A New Centralized Collection And Disbursement System For Child Support Payments
Dec 8, 1999
Necessity For An Increase In The State Treasurer's Appropriation Authority If The State Treasurer Is To Operate A New Centralized Collection And Disbursement System For Child Support Payments
Open opinion ↗Attorney General Opinion No. 99-051: Federal Pre-emption of Competitive Livestock Markets Act, Neb. Rev. Stat. § 54-2601 et. seq., and Effects Upon the Department of Agriculture's Duties and Responsibilities
Dec 3, 1999
Federal Pre-emption of Competitive Livestock Markets Act, Neb. Rev. Stat. § 54-2601 et. seq., and Effects Upon the Department of Agriculture's Duties and Responsibilities
Open opinion ↗Attorney General Opinion No. 99-050: Is a federal government employees' credit union a place of "public accommodation" within the meaning of Neb. Rev. Stat. § 20-133? Does the Nebraska Equal Opportunity Commission have jurisdiction to investigate a complaint against a federally owned credit union?
Nov 24, 1999
Is a federal government employees' credit union a place of "public accommodation" within the meaning of Neb. Rev. Stat. § 20-133? Does the Nebraska Equal Opportunity Commission have jurisdiction to investigate a complaint against a federally owned credit union?
Open opinion ↗Attorney General Opinion No. 99-049: DNA Detection of Sexual and Violent Perpetrators Act
Nov 24, 1999
DNA Detection of Sexual and Violent Perpetrators Act
Open opinion ↗Attorney General Opinion No. 99-048: Proposed amendment to LB 523, the Nurse Licensure Compact
Nov 17, 1999
Proposed amendment to LB 523, the Nurse Licensure Compact
Open opinion ↗Attorney General Opinion No. 99-047: Neb. Rev. Stat. § 81-1 325 (Cum. Supp. 1998); Application Of Statutory Provisions Pertaining To Sick Leave For State Employees To Members Of Boards And Commissions; Whether State Employees May Collect Portions Of Their Unused Sick Leave Benefits Upon Retirement On Multiple Occasions
Nov 15, 1999
Neb. Rev. Stat. § 81-1 325 (Cum. Supp. 1998); Application Of Statutory Provisions Pertaining To Sick Leave For State Employees To Members Of Boards And Commissions; Whether State Employees May Collect Portions Of Their Unused Sick Leave Benefits Upon Retirement On Multiple Occasions
Open opinion ↗Attorney General Opinion No. 99-046: Whether the Department of Education's contested case hearings under the Administrative Procedure Act are subject to the requirements of the Public Meetings statutes
Nov 15, 1999
Whether the Department of Education's contested case hearings under the Administrative Procedure Act are subject to the requirements of the Public Meetings statutes
Open opinion ↗Attorney General Opinion No. 99-045: Whether the original railroad right-of-way that is now used for the MoPac hiker-biker trail is "railbanked" under federal law
Oct 20, 1999
Whether the original railroad right-of-way that is now used for the MoPac hiker-biker trail is "railbanked" under federal law
Open opinion ↗Attorney General Opinion No. 99-044: Collection of Delinquent Taxes on Mobile Homes or Improvements Located on Leased Land
Oct 7, 1999
Collection of Delinquent Taxes on Mobile Homes or Improvements Located on Leased Land
Open opinion ↗Attorney General Opinion No. 99-043: Taxation of Motor Vehicles of Active Duty Military Personnel Stationed in Nebraska
Sep 29, 1999
Taxation of Motor Vehicles of Active Duty Military Personnel Stationed in Nebraska
Open opinion ↗Attorney General Opinion No. 99-042: Whether the Department of Correctional Services' Interpretation of Neb. Rev. Stat. § 83-1,107(1)(b) Regarding an Inmate's Intentional Failure to Comply with The Department-approved Personalized Program Plan Is Within the Meaning of § 83-1,107(1)(b)
Sep 28, 1999
Whether the Department of Correctional Services' Interpretation of Neb. Rev. Stat. § 83-1,107(1)(b) Regarding an Inmate's Intentional Failure to Comply with The Department-approved Personalized Program Plan Is Within the Meaning of § 83-1,107(1)(b)
Open opinion ↗Attorney General Opinion No. 99-041: Whether volunteer firefighters are entitled to benefits under Neb. Rev. Stat. § 48-115(3), if they incur injuries while responding to a call, but before they have vacated the premises where they received the call
Sep 20, 1999
Whether volunteer firefighters are entitled to benefits under Neb. Rev. Stat. § 48-115(3), if they incur injuries while responding to a call, but before they have vacated the premises where they received the call
Open opinion ↗Attorney General Opinion No. 99-040: The Statutory Authority of the Commission on Indian Affairs and the Nebraska State Historical Society to Act Under the Nebraska Unmarked Burial Sites Act and Skeletal Remains Protection Act, Neb. Rev. Stat. §§ 12-1201 through 12-1212 (1997) When Presented with Information that Local Political Subdivisions Have Approved of Changes in Zoning, Land Use or Subdivision Development on Areas that Are Known or Have an Extremely High Potential to Possess Unmarked Burial Sites
Aug 25, 1999
The Statutory Authority of the Commission on Indian Affairs and the Nebraska State Historical Society to Act Under the Nebraska Unmarked Burial Sites Act and Skeletal Remains Protection Act, Neb. Rev. Stat. §§ 12-1201 through 12-1212 (1997) When Presented with Information that Local Political Subdivisions Have Approved of Changes in Zoning, Land Use or Subdivision Development on Areas that Are Known or Have an Extremely High Potential to Possess Unmarked Burial Sites
Open opinion ↗Attorney General Opinion No. 99-039: Whether Filing Fees Due Counties Under Portions Of The Uniform Commercial Code Should Be Remitted To County Clerks And Registers Of Deeds Or To County Treasurers
Aug 25, 1999
Whether Filing Fees Due Counties Under Portions Of The Uniform Commercial Code Should Be Remitted To County Clerks And Registers Of Deeds Or To County Treasurers
Open opinion ↗Attorney General Opinion No. 99-038: Authority of the Vacant Building and Excess Land Committee to Approve the Grant of Utility Easements to Political Subdivisions or Their Contractors
Aug 23, 1999
Authority of the Vacant Building and Excess Land Committee to Approve the Grant of Utility Easements to Political Subdivisions or Their Contractors
Open opinion ↗Attorney General Opinion No. 99-037: Constitutionality of LB 452, introduced in the 1999 regular session. Whether it violates the prohibitions regarding the Legislature's binding of future Legislatures, and the incurring of state indebtedness exceeding one hundred thousand dollars in the aggregate
Aug 16, 1999
Constitutionality of LB 452, introduced in the 1999 regular session. Whether it violates the prohibitions regarding the Legislature's binding of future Legislatures, and the incurring of state indebtedness exceeding one hundred thousand dollars in the aggregate
Open opinion ↗Attorney General Opinion No. 99-036: Application of Neb. Rev. Stat. § 53-177 to licensed premises near newly-located churches
Aug 16, 1999
Application of Neb. Rev. Stat. § 53-177 to licensed premises near newly-located churches
Open opinion ↗Attorney General Opinion No. 99-035: Neb. Rev. Stat. § 84-1501 (Cum. Supp. 1998); Is a member of the Omaha City Council an employee of a political subdivision for purposes of membership on the Nebraska Public Employees Retirement Board?
Aug 16, 1999
Neb. Rev. Stat. § 84-1501 (Cum. Supp. 1998); Is a member of the Omaha City Council an employee of a political subdivision for purposes of membership on the Nebraska Public Employees Retirement Board?
Open opinion ↗Attorney General Opinion No. 99-034: State Patrol Access To Audit Reports Filed With The Auditor's Office By County Drug Law Enforcement And Education Fund Boards
Aug 2, 1999
State Patrol Access To Audit Reports Filed With The Auditor's Office By County Drug Law Enforcement And Education Fund Boards
Open opinion ↗Attorney General Opinion No. 99-033: Whether the Department of Health and Human Services Has Authority to Establish a Regulation That Would Allow the Reimbursement to Counties of Unrecovered Costs Associated With the Processing and Disbursement of Child Support Payments Based Upon Insufficient Fund Checks Received From Employers
Jul 29, 1999
Whether the Department of Health and Human Services Has Authority to Establish a Regulation That Would Allow the Reimbursement to Counties of Unrecovered Costs Associated With the Processing and Disbursement of Child Support Payments Based Upon Insufficient Fund Checks Received From Employers
Open opinion ↗Attorney General Opinion No. 99-032: 1999 Neb. Laws LB 134; whether paid sick leave is available to state employees who are adoptive parents in certain circumstances
Jul 26, 1999
1999 Neb. Laws LB 134; whether paid sick leave is available to state employees who are adoptive parents in certain circumstances
Open opinion ↗Attorney General Opinion No. 99-031: Necessity of Appropriation for Board of Educational Lands and Funds
Jul 23, 1999
Necessity of Appropriation for Board of Educational Lands and Funds
Open opinion ↗Attorney General Opinion No. 99-030: May the Jail Standards Board Waive Physical Plant Standards, or a Portion Thereof, That Were in Effect When a Criminal Detention Facility Was Constructed or Renovated, and Regulate the Facility Under the Specifications of Revised Physical Plant Standards?
Jul 16, 1999
May the Jail Standards Board Waive Physical Plant Standards, or a Portion Thereof, That Were in Effect When a Criminal Detention Facility Was Constructed or Renovated, and Regulate the Facility Under the Specifications of Revised Physical Plant Standards?
Open opinion ↗Attorney General Opinion No. 99-029: Whether the Office of County Sheriff Can be Declared Vacant if a Sitting County Sheriff Will Not be Certified Within Eight Months of His Taking Office, as Required by Neb. Rev. Stat. 23-1701 .01
Jul 16, 1999
Whether the Office of County Sheriff Can be Declared Vacant if a Sitting County Sheriff Will Not be Certified Within Eight Months of His Taking Office, as Required by Neb. Rev. Stat. 23-1701 .01
Open opinion ↗Attorney General Opinion No. 99-028: LB 835 - COMPETITIVE LIVESTOCK MARKETS ACT. Effective date of contract requirements, and enforcement of livestock fee assessments
Jul 16, 1999
LB 835 - COMPETITIVE LIVESTOCK MARKETS ACT. Effective date of contract requirements, and enforcement of livestock fee assessments
Open opinion ↗Attorney General Opinion No. 99-027: Are Prison Inmates Working for a Private Venture Located at the Nebraska State Penitentiary Considered "Employees" Under the Nebraska Fair Employment Practice Act?
Jun 10, 1999
Are Prison Inmates Working for a Private Venture Located at the Nebraska State Penitentiary Considered "Employees" Under the Nebraska Fair Employment Practice Act?
Open opinion ↗Attorney General Opinion No. 99-026: Whether Acupuncture is Within the Scope of Practice of Chiropractors
Jun 7, 1999
Whether Acupuncture is Within the Scope of Practice of Chiropractors
Open opinion ↗Attorney General Opinion No. 99-025: Constitutionality of a legislative moratorium on the execution of judicially imposed death sentences
May 24, 1999
Constitutionality of a legislative moratorium on the execution of judicially imposed death sentences
Open opinion ↗Attorney General Opinion No. 99-024: Poultry Processing Plants - Electrical Inspection
May 17, 1999
Poultry Processing Plants - Electrical Inspection
Open opinion ↗Attorney General Opinion No. 99-023: Whether the Arts and Humanities Focus Program of Lincoln Public Schools is a "school" within the meaning of Neb. Rev. Stat. § 53-177 or Commission Rule 237-LCC2-012.01
May 13, 1999
Whether the Arts and Humanities Focus Program of Lincoln Public Schools is a "school" within the meaning of Neb. Rev. Stat. § 53-177 or Commission Rule 237-LCC2-012.01
Open opinion ↗Attorney General Opinion No. 99-022: Powers of the Director of the Department of Roads with respect to speed limits, pursuant to Neb. Rev. Stat. § 60-6, 190 (Cum. Supp. 1996)
May 10, 1999
Powers of the Director of the Department of Roads with respect to speed limits, pursuant to Neb. Rev. Stat. § 60-6, 190 (Cum. Supp. 1996)
Open opinion ↗Attorney General Opinion No. 99-021: Neb. Rev. Stat. § 66-1344( 4) - Calculation of ethanol production credits
May 6, 1999
Neb. Rev. Stat. § 66-1344( 4) - Calculation of ethanol production credits
Open opinion ↗Attorney General Opinion No. 99-020: Constitutionality Of LB 729; Whether Having The Secretary Of State Make Determinations As To The Constitutionality And Legality Of Initiative And Referendum Measures At The Beginning Of The Petition Process Violates The Nebraska Constitution
May 5, 1999
Constitutionality Of LB 729; Whether Having The Secretary Of State Make Determinations As To The Constitutionality And Legality Of Initiative And Referendum Measures At The Beginning Of The Petition Process Violates The Nebraska Constitution
Open opinion ↗Attorney General Opinion No. 99-019: Whether separate odometer statements can continue to be used by dealers under Neb. Rev. Stat. § 60-135 (1998)
May 3, 1999
Whether separate odometer statements can continue to be used by dealers under Neb. Rev. Stat. § 60-135 (1998)
Open opinion ↗Attorney General Opinion No. 99-018: Amendment to LB 605 to provide for use of Ethanol Production Incentive Cash Fund for ethanol promotion and travel by the Governor to promote use of ethanol
Apr 26, 1999
Amendment to LB 605 to provide for use of Ethanol Production Incentive Cash Fund for ethanol promotion and travel by the Governor to promote use of ethanol
Open opinion ↗Attorney General Opinion No. 99-017: Whether Legislative Bill 331, Which Gives the Nebraska Workers' Compensation Court the Power to Prosecute Violations of the Workers' Compensation Act, Violates Article II, Section 1, the Separation of Powers Clause of the Nebraska Constitution
Apr 26, 1999
Whether Legislative Bill 331, Which Gives the Nebraska Workers' Compensation Court the Power to Prosecute Violations of the Workers' Compensation Act, Violates Article II, Section 1, the Separation of Powers Clause of the Nebraska Constitution
Open opinion ↗Attorney General Opinion No. 99-016: Neb. Rev. Stat. § 60-483 (1998); Fees for access to certain motor vehicle driver records
Apr 26, 1999
Neb. Rev. Stat. § 60-483 (1998); Fees for access to certain motor vehicle driver records
Open opinion ↗Attorney General Opinion No. 99-015: LB 574- Application to Roll-your-own tobacco
Apr 20, 1999
LB 574- Application to Roll-your-own tobacco
Open opinion ↗Attorney General Opinion No. 99-014: Constitutionality of LB 523; Whether Adoption of the Nurse Licensure Compact Would Constitute an Improper Delegation of Legislative Authority
Apr 8, 1999
Constitutionality of LB 523; Whether Adoption of the Nurse Licensure Compact Would Constitute an Improper Delegation of Legislative Authority
Open opinion ↗Attorney General Opinion No. 99-013: Legal Questions Pertaining to the Pending Disciplinary Action Before the Nebraska Supreme Court Involving Jim Miller, Sarpy County Attorney
Apr 8, 1999
Legal Questions Pertaining to the Pending Disciplinary Action Before the Nebraska Supreme Court Involving Jim Miller, Sarpy County Attorney
Open opinion ↗Attorney General Opinion No. 99-012: LB 407; Constitutionality Of A Proposed Child Support Commission Under The Separation Of Powers Provision Of The Nebraska Constitution; Art. II, § 1
Mar 18, 1999
LB 407; Constitutionality Of A Proposed Child Support Commission Under The Separation Of Powers Provision Of The Nebraska Constitution; Art. II, § 1
Open opinion ↗Attorney General Opinion No. 99-011: Acting State Investment Officer, Qualifications and Requirements
Mar 18, 1999
Acting State Investment Officer, Qualifications and Requirements
Open opinion ↗Attorney General Opinion No. 99-010: Use of CPA in Name of Limited Liability Company
Mar 18, 1999
Use of CPA in Name of Limited Liability Company
Open opinion ↗Attorney General Opinion No. 99-009: Requirement of "Bypass" Utilization in the Administration of Title VI Federal Grant Program
Mar 17, 1999
Requirement of "Bypass" Utilization in the Administration of Title VI Federal Grant Program
Open opinion ↗Attorney General Opinion No. 99-008: In the absence of a federal oxygenated gasoline requirement, is a state legally able to impose a standard that modifies generic gasoline and which may impede the marketing of this product in one or more states?
Mar 10, 1999
In the absence of a federal oxygenated gasoline requirement, is a state legally able to impose a standard that modifies generic gasoline and which may impede the marketing of this product in one or more states?
Open opinion ↗Attorney General Opinion No. 99-007: Constitutionality Under Neb. Const. art. XII, § 8, of Amendments to the Statutes Governing Limited Liability Companies and Limited Liability Partnerships to Allow Certain Non-Family Versions ofThese Entities to Own Agricultural Land or Engage in Farming or Ranching
Mar 10, 1999
Constitutionality Under Neb. Const. art. XII, § 8, of Amendments to the Statutes Governing Limited Liability Companies and Limited Liability Partnerships to Allow Certain Non-Family Versions ofThese Entities to Own Agricultural Land or Engage in Farming or Ranching
Open opinion ↗Attorney General Opinion No. 99-006: Disclosure Requirements for Real Estate Licensees
Feb 26, 1999
Disclosure Requirements for Real Estate Licensees
Open opinion ↗Attorney General Opinion No. 99-005: Selective Reduction Abortion - Insurance Coverage
Feb 22, 1999
Selective Reduction Abortion - Insurance Coverage
Open opinion ↗Attorney General Opinion No. 99-004: Authority Of The State Records Board With Respect To Electronic Access To Motor Vehicle Records Through A Gateway; Neb . Rev . Stat . § 60 - 483 (4) (1998) and Neb. Rev. Stat . § 84 - 1205.03 (Cum. Supp. 1998)
Feb 16, 1999
Authority Of The State Records Board With Respect To Electronic Access To Motor Vehicle Records Through A Gateway; Neb . Rev . Stat . § 60 - 483 (4) (1998) and Neb. Rev. Stat . § 84 - 1205.03 (Cum. Supp. 1998)
Open opinion ↗Attorney General Opinion No. 99-003: Nebraska Public Employees Retirement Systems; Service Annuity Benefits for Members
Feb 5, 1999
Nebraska Public Employees Retirement Systems; Service Annuity Benefits for Members
Open opinion ↗