Chapter 13 — CITIES, COUNTIES, AND OTHER POLITICAL SUBDIVISIONS
530 sections in this chapter.
Neb. Rev. Stat. § 13-1605 Covered dependent, defined.
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Covered dependent shall mean a dependent who is enrolled in an employee benefit plan.
Neb. Rev. Stat. § 13-1606 Covered employee, defined.
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Covered employee shall mean an employee who is enrolled in an employee benefit plan.
Neb. Rev. Stat. § 13-1607 Employee benefit plan, defined.
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Employee benefit plan shall mean a plan provided pursuant to section 13-1614 for covered employees and covered dependents.
Neb. Rev. Stat. § 13-1608 Excess insurance, defined.
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Excess insurance shall mean (1) aggregate insurance, (2) specific insurance, or (3) insurance in excess of a deductible, of which the plan sponsor assumes some or all of the risk for the deductible, purchased from an insurer.
Neb. Rev. Stat. § 13-1609 Independent actuary, defined.
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Independent actuary shall mean a member in good standing of the Society of Actuaries or the American Academy of Actuaries who is not an employee of the plan sponsor. Selection of an independent actuary by a plan sponsor shall comply with the conflict of interest provisions of the…
Neb. Rev. Stat. § 13-1610 Insurer, defined.
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Insurer shall mean an insurer as defined in section 44-103 which holds a certificate of authority to transact the business of insurance in this state.
Neb. Rev. Stat. § 13-1611 Plan sponsor, defined.
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Plan sponsor shall mean any political subdivision providing an employee benefit plan.
Neb. Rev. Stat. § 13-1612 Political subdivision, defined.
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Political subdivision shall include villages, cities, counties, school districts, public power districts, community colleges, natural resources districts, and all other units of local government.
Neb. Rev. Stat. § 13-1613 Self-funding or self-funded, defined.
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Self-funding or self-funded shall mean assumption of primary liability or responsibility for certain risks or benefits rather than transferring the liability or responsibility to some other entity and may include the deductible portion when a plan sponsor assumes some or all of t…
Neb. Rev. Stat. § 13-1614 Political subdivision; employee benefit plans; requirements.
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Any political subdivision may establish, participate in, and administer employee benefit plans for its employees or its employees and their dependents which will provide hospitalization, medical, surgical, dental, disability, and sickness and accident coverage or any one or more …
Neb. Rev. Stat. § 13-1615 Plan sponsor; use of self-funding; exemption from other laws.
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(1) A plan sponsor shall not be considered an insurer under the laws of this state. The use of any self-funding by a plan sponsor shall not constitute transacting the business of insurance and shall not be subject to regulation by the Department of Insurance. (2) A plan sponsor s…
Neb. Rev. Stat. § 13-1616 Act; applicability.
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The Political Subdivisions Self-Funding Benefits Act shall not apply to coverage for workers' compensation.
Neb. Rev. Stat. § 13-1617 Governing body; self-funded portion of employee benefit plan; requirements; confidentiality; violations; penalty.
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(1) The governing body of the plan sponsor shall approve the use of any self-funding for its employee benefit plan. (2) The self-funded portion of an employee benefit plan shall comply with the Political Subdivisions Self-Funding Benefits Act. The self-funded portion of the emplo…
Neb. Rev. Stat. § 13-1618 Plan sponsor; summary; contents.
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A plan sponsor shall provide each covered employee with a copy of a summary of the self-funded portion of the employee benefit plan. The summary shall contain a written description of the major provisions of the self-funded portion of the plan, including (1) a table of contents, …
Neb. Rev. Stat. § 13-1619 Plan sponsor; accruals, reserves, and disbursements; requirements.
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(1) A plan sponsor shall establish accruals at a satisfactory level to provide funds to cover one hundred percent of expected claims, reserves as required in subsection (2) of this section, and expenses to operate the self-funded portion of the employee benefit plan. Accruals sha…
Neb. Rev. Stat. § 13-1620 Governing body; annual report.
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The governing body of a plan sponsor shall approve an annual report showing the beginning and ending balance of the fund established pursuant to section 13-1619, deposits of monthly accruals and other assets of the fund, and a separate accounting to reflect required reserves.
Neb. Rev. Stat. § 13-1621 Plan sponsor; contributions; when.
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If the fund established pursuant to section 13-1619 is not adequate to fully cover all disbursements under the self-funded portion of the employee benefit plan, the plan sponsor shall contribute funds from other sources so that the employee benefit plan continues to comply with t…
Neb. Rev. Stat. § 13-1622 Plan sponsor; obtain excess insurance; when.
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(1) Except as provided in subsection (4) of this section, the plan sponsor shall obtain excess insurance which will limit the plan sponsor's total claims liability for each plan year to not more than one hundred twenty-five percent of the expected claims liability as projected by…
Neb. Rev. Stat. § 13-1623 Self-funded portion of employee benefit plan; claim procedure; requirements.
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The self-funded portion of an employee benefit plan shall provide for the following: (1) A written claim for benefits shall be furnished to the plan sponsor (a) in case of a claim for benefits which provide any periodic payment contingent upon continuing loss, within ninety days …
Neb. Rev. Stat. § 13-1624 Employee benefit plans; continuation of coverage; compliance with other laws; school district covered employees; rights.
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(1) Employee benefit plans established pursuant to the Political Subdivisions Self-Funding Benefits Act shall comply with sections 44-1640 to 44-1645 relating to continuation of coverage if subject to such sections. (2) If any covered employee of a plan sponsor which is a school …
Neb. Rev. Stat. § 13-1625 Civil action to require compliance; attorney's fees; when.
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(1) A covered employee or covered dependent may bring a civil action against a plan sponsor to require compliance with the Political Subdivisions Self-Funding Benefits Act and the self-funded portion of an employee benefit plan. When the covered employee or covered dependent brin…
Neb. Rev. Stat. § 13-1626 Compliance with act; when required.
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Any political subdivision using self-funding to provide hospitalization, medical, surgical, and sickness and accident coverage or any one or more of such coverages for its employees or its employees and their dependents immediately prior to June 8, 1991, shall comply with the Pol…
Neb. Rev. Stat. § 13-1701 Terms, defined.
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For purposes of sections 13-1701 to 13-1714 and 76-2,119: (1) Applicant shall mean any person as defined in section 81-1502 who is required to obtain a permit from the department for a solid waste disposal area or a solid waste processing facility but shall not include any person…
Neb. Rev. Stat. § 13-1702 Request for siting approval.
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Prior to submitting an application to the department for a solid waste disposal area or solid waste processing facility, the applicant shall submit a request for siting approval to the city council, village board of trustees, or county board of commissioners or supervisors which …
Neb. Rev. Stat. § 13-1703 Criteria.
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An applicant for siting approval shall submit information to the city council, village board of trustees, or county board of commissioners or supervisors to demonstrate compliance with the requirements of this section regarding a solid waste disposal area or solid waste processin…
Neb. Rev. Stat. § 13-1704 Notice to property owners; publication; failure to notify; effect.
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No later than fourteen days prior to a request for siting approval, the applicant shall cause written notice of the request for siting approval to be served either in person or by registered or certified mail on the owners of all property within the proposed site area not solely …
Neb. Rev. Stat. § 13-1705 Request for siting approval; filing requirements; comments.
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An applicant shall file a copy of its request for siting approval with the city council, village board of trustees, or county board of commissioners or supervisors of the city, village, or county in which the proposed site is located. The request shall include the substance of th…
Neb. Rev. Stat. § 13-1706 Public hearing; procedure.
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At least one public hearing shall be held by the city council, village board of trustees, or county board of commissioners or supervisors no sooner than ninety days but no later than one hundred twenty days after receipt of the request for siting approval. A hearing shall be prec…
Neb. Rev. Stat. § 13-1707 Final action; when required; amended application.
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Final action shall be taken by the city council, village board, or county board within one hundred eighty days after the filing of the request for site approval. At any time prior to completion by the applicant of the presentation of the applicant's factual evidence and an opport…
Neb. Rev. Stat. § 13-1708 Construction commencement date.
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Construction of a solid waste disposal area or solid waste processing facility which is granted siting approval pursuant to sections 13-1701 to 13-1714 and 76-2,119 shall commence within two calendar years from the date approval was granted, or the approval shall be nullified. If…
Neb. Rev. Stat. § 13-1709 Procedures; exclusive.
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The siting approval procedures, criteria, and appeal procedures provided for in sections 13-1701 to 13-1714 shall be the exclusive siting procedures and appeal procedures. Local zoning ordinances, other local land-use requirements, and other ordinances or resolutions shall be con…
Neb. Rev. Stat. § 13-1710 Fee.
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A city council, village board of trustees, or county board of commissioners or supervisors shall charge an applicant for siting approval a fee in an amount equal to the reasonable and necessary costs incurred by the city, village, or county in the siting approval process.
Neb. Rev. Stat. § 13-1711 Reapplication; restriction.
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An applicant shall not file a request for siting approval which is substantially the same as a request which was denied within the immediately preceding two years.
Neb. Rev. Stat. § 13-1712 Disapproval; hearing before district court.
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If the city council, village board of trustees, or county board of commissioners or supervisors does not approve a request for siting approval pursuant to sections 13-1701 to 13-1714 and 76-2,119, the applicant, within sixty days after notice of the decision, may petition for a h…
Neb. Rev. Stat. § 13-1713 Approval; contest; hearing before district court.
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If the city council, village board of trustees, or county board of commissioners or supervisors grants approval pursuant to sections 13-1701 to 13-1714 and 76-2,119, a third party other than the applicant who participated in the public hearing may petition the district court of t…
Neb. Rev. Stat. § 13-1714 Approval; contest; filing fee.
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Any person who files a petition with the district court to contest a decision of the city council, village board of trustees, or county board of commissioners or supervisors shall pay the required filing fee.
Neb. Rev. Stat. § 13-1801 Officers and employees; action against; defense; payment of judgment; liability insurance.
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If any legal action shall be brought against any municipal police officer, constable, county sheriff, deputy sheriff, firefighter, emergency care provider, or other elected or appointed official of any political subdivision, who is an employee as defined in section 48-115, whethe…
Neb. Rev. Stat. § 13-1802 Law enforcement activity; insurance required.
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Each political subdivision shall self-insure or contract for insurance against liability for personal injuries or property damage that may be incurred by it or by its personnel as a result of law enforcement activity within or without its primary jurisdiction.
Neb. Rev. Stat. § 13-1901 Nebraska planning and development regions; created.
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(1) There are hereby created nine Nebraska planning and development regions as follows: (a) Region 1 includes the counties of Sioux, Dawes, Sheridan, Box Butte, Scotts Bluff, Morrill, Garden, Banner, Kimball, Cheyenne, and Deuel; (b) Region 2 includes the counties of Cherry, Keya…
Neb. Rev. Stat. § 13-1902 Development districts; formation; local government, defined.
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(1) Within a Nebraska planning and development region, a development district may be formed as a voluntary association by agreement pursuant to the Interlocal Cooperation Act in one of the following ways if the combined membership of the association includes at least fifty-one pe…
Neb. Rev. Stat. § 13-1903 Development district; policy board.
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Each development district formed pursuant to section 13-1902 shall be governed by a policy board, as described in the development district's interlocal cooperation agreement or bylaws, which shall be the board, body, or persons in which the powers of the local governments forming…
Neb. Rev. Stat. § 13-1904 Development district; duties.
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A development district shall, as directed by its policy board, serve as a regional resource center and provide planning, community and economic development, and technical assistance to local governments which are members of the district and may provide assistance to industrial de…
Neb. Rev. Stat. § 13-1905 Development districts; certification for funding.
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If state funding is available for distribution pursuant to section 13-1906, the Department of Economic Development shall certify development districts for funding eligibility. Certification shall be based on the following requirements: (1) The development district shall be formed…
Neb. Rev. Stat. § 13-1906 Distribution of financial assistance.
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(1) The Department of Economic Development shall distribute financial assistance from the state, if available, to the various development districts as they are certified in the manner prescribed in subsection (2) of this section. (2)(a) Fifty percent of the total sum allocated sh…
Neb. Rev. Stat. § 13-1907 Rules and regulations; annual reports; evaluation; Governor; powers.
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(1) The Department of Economic Development may adopt and promulgate rules and regulations to carry out sections 13-1901 to 13-1907, including standardized reporting and application procedures. Each development district shall submit annual performance and financial reports to the …
Neb. Rev. Stat. § 13-2001 Act, how cited.
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Sections 13-2001 to 13-2043 shall be known and may be cited as the Integrated Solid Waste Management Act.
Neb. Rev. Stat. § 13-2002 Legislative findings and declarations.
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The Legislature hereby finds and declares that: (1) The rapidly rising volume of waste deposited by society threatens the capacity of existing and future landfills. The nature of waste disposal means that unknown quantities of potentially toxic and hazardous materials are being b…
Neb. Rev. Stat. § 13-2003 Definitions, where found.
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For purposes of the Integrated Solid Waste Management Act, the definitions found in sections 13-2004 to 13-2016.01 shall be used.
Neb. Rev. Stat. § 13-2004 Agency, defined.
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Agency shall mean any combination of two or more municipalities or counties acting together under the Interlocal Cooperation Act or the Joint Public Agency Act, a natural resources district acting alone or together with one or more counties and municipalities under either of such…
Neb. Rev. Stat. § 13-2004.01 Container, defined.
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Container means a bag, cup, can, pouch, package, container, bottle, or other packaging that is (1) designed to be reusable, recyclable, or single-use, (2) made of cloth, paper, plastic, including foamed or expanded plastic, cardboard, corrugated material, aluminum, glass, or post…