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2,166 sections in this chapter.
Neb. Rev. Stat. § 81-8,206 Persons exempt from act.
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(1) The Professional Landscape Architects Act shall not apply to: (a) Any employee of a professional landscape architect who performs landscape architecture services under the direction and supervision of the professional landscape architect. Such services do not include responsi…
Neb. Rev. Stat. § 81-8,207 Complaint; enforcement; procedures.
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A complaint against any person involving any matter coming within the jurisdiction of the board shall be in writing and shall be filed with the board. The complaint, at the discretion of the board, shall be heard within a reasonable time in accordance with the rules and regulatio…
Neb. Rev. Stat. § 81-8,208 Disciplinary actions authorized; civil penalties.
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(1) The board, after hearing and upon proof satisfactory to the board, may determine by a two-thirds majority vote that any person has violated the Professional Landscape Architects Act or any rule or regulation under the act. (2) Upon a finding that a person has committed a viol…
Neb. Rev. Stat. § 81-8,209 State Tort Claims Act; purpose.
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The State of Nebraska shall not be liable for the torts of its officers, agents, or employees, and no suit shall be maintained against the state, any state agency, or any employee of the state on any tort claim except to the extent, and only to the extent, provided by the State T…
Neb. Rev. Stat. § 81-8,210 Terms, defined.
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For purposes of the State Tort Claims Act: (1) State agency includes all departments, agencies, boards, bureaus, and commissions of the State of Nebraska and corporations the primary function of which is to act as, and while acting as, instrumentalities or agencies of the State o…
Neb. Rev. Stat. § 81-8,211 Risk Manager; State Claims Board; authority; procedure; fees.
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Authority is hereby conferred upon the Risk Manager and State Claims Board, acting on behalf of the State of Nebraska, to consider, ascertain, adjust, compromise, settle, determine, and allow any tort claim. Any claimant dissatisfied with a decision of the Risk Manager may make a…
Neb. Rev. Stat. § 81-8,212 Tort claims; filing; Risk Manager; Attorney General; duty; service of process.
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All tort claims shall be filed with the Risk Manager in the manner prescribed by the State Claims Board. The Risk Manager shall immediately advise the Attorney General of the filing of any claim. It shall be the duty of the Attorney General to cause a complete investigation to be…
Neb. Rev. Stat. § 81-8,213 Suit; final disposition by Risk Manager or State Claims Board required; exception.
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No suit shall be permitted under the State Tort Claims Act unless the Risk Manager or State Claims Board has made final disposition of the claim, except that if the Risk Manager or board does not make final disposition of a claim within six months after the claim is made in writi…
Neb. Rev. Stat. § 81-8,214 District court; jurisdiction; venue.
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The district court, sitting without a jury, shall have exclusive jurisdiction to hear, determine, and render judgment on any suit or tort claim. Suits shall be brought in the district court of the county in which the act or omission complained of occurred or, if the act or omissi…
Neb. Rev. Stat. § 81-8,215 Liability of state.
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In all suits brought under the State Tort Claims Act, the state shall be liable in the same manner and to the same extent as a private individual under like circumstances, except that no writ of execution shall issue, and the disposition of or offer to settle any claim made under…
Neb. Rev. Stat. § 81-8,215.01 Vehicular pursuit by law enforcement officer; liability to third parties; reimbursement.
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(1) In case of death, injury, or property damage to any innocent third party proximately caused by the action of a law enforcement officer employed by the state during vehicular pursuit, damages shall be paid to such third party by the state employing the officer. (2) Upon paymen…
Neb. Rev. Stat. § 81-8,216 Rules of civil procedure; costs; judgment; appeal.
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In all suits brought under the State Tort Claims Act, the district courts shall follow the rules of civil procedure applicable to private litigants, and costs shall be allowed in all courts to the successful claimant to the same extent as if the state was a private litigant. Judg…
Neb. Rev. Stat. § 81-8,217 Judgment; effect.
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Final judgment in any suit under the State Tort Claims Act shall constitute a complete bar to any action by the claimant, by reason of the same subject matter, against the employee of the state whose act or omission gave rise to the claim. This section shall not apply if the cour…
Neb. Rev. Stat. § 81-8,218 Attorney General; authority.
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The Attorney General shall represent the state and employees of the state in any suit brought under the State Tort Claims Act and is authorized to compromise or settle any such suit with the approval of the court in which such suit is pending.
Neb. Rev. Stat. § 81-8,219 State Tort Claims Act; claims exempt.
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The State Tort Claims Act shall not apply to: (1) Any claim based upon an act or omission of an employee of the state, exercising due care, in the execution of a statute, rule, or regulation, whether or not such statute, rule, or regulation is valid, or based upon the exercise or…
Neb. Rev. Stat. § 81-8,220 State Claims Board; members; legal advisor; hire secretary; expenses.
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The Director of Insurance, Commissioner of Labor, and Director of Administrative Services shall constitute the State Claims Board which shall be a part of the Risk Management Program created by section 81-8,239.01. The Attorney General shall be its legal advisor. With the advice …
Neb. Rev. Stat. § 81-8,221 State Claims Board; rules and regulations; adopt.
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The State Claims Board shall adopt and promulgate such rules and regulations as are necessary to carry out the State Tort Claims Act.
Neb. Rev. Stat. § 81-8,222 Department of Justice; Claims Division; assistant attorney general; duties.
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There is hereby established within the Department of Justice a Claims Division to be headed by an assistant attorney general appointed by and under the control of the Attorney General. The Attorney General may authorize the assistant attorney general in charge of the Claims Divis…
Neb. Rev. Stat. § 81-8,223 Award; acceptance; effect.
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Any award made under the State Tort Claims Act and accepted by the claimant shall be final and conclusive on all officers of the State of Nebraska except when procured by means of fraud. The acceptance by the claimant of such award shall be final and conclusive on the claimant an…
Neb. Rev. Stat. § 81-8,224 Award; certification; payment; review, when.
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(1) Any award to a claimant and any judgment in favor of a claimant under the State Tort Claims Act shall be certified by the Risk Manager or State Claims Board to the Director of Administrative Services who shall promptly issue a warrant for payment of such award or judgment out…
Neb. Rev. Stat. § 81-8,225 Tort Claims Fund; established; amount; investment; appropriation.
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There is hereby established in the state treasury a Tort Claims Fund from which awards, judgments, and associated costs under the State Tort Claims Act may be paid, including appeal bonds or the reasonable costs associated with a required appearance before any tribunal. This fund…
Neb. Rev. Stat. § 81-8,226 Report to Clerk of the Legislature; contents.
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The Risk Manager shall report electronically to the Clerk of the Legislature all claims and judgments paid under the State Tort Claims Act. Such report shall include the name of each claimant, a statement of the amount claimed and the amount awarded, and a brief description of th…
Neb. Rev. Stat. § 81-8,227 Tort claim; limitation of action.
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(1) Except as provided in subsection (2) of this section, every tort claim permitted under the State Tort Claims Act shall be forever barred unless within two years after such claim accrued the claim is made in writing to the Risk Manager in the manner provided by such act. The t…
Neb. Rev. Stat. § 81-8,228 Attorney's fees; expenses; allowance.
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The court rendering a judgment for the claimant under the State Tort Claims Act, the Risk Manager or State Claims Board making an award under section 81-8,211, or the Attorney General settling a claim under section 81-8,218 shall determine and allow reasonable attorney's fees and…
Neb. Rev. Stat. § 81-8,229 Tort claims; remedy of State Tort Claims Act; exclusive.
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From and after December 25, 1969, the authority of any state agency to sue or be sued in its own name shall not be construed to authorize suits against such state agency on tort claims except as authorized in the State Tort Claims Act. The remedies provided by such act for tort c…
Neb. Rev. Stat. § 81-8,230 State agency; payment of claims; construction of act.
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Nothing in the State Tort Claims Act shall be deemed to repeal any provision of law authorizing any state agency to consider, ascertain, adjust, compromise, settle, determine, allow, or pay any claim other than a tort claim.
Neb. Rev. Stat. § 81-8,231 Claim under act; insurance coverage; effect.
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Whenever a claim or suit under the State Tort Claims Act is covered by liability insurance or by group self-insurance provided by a risk management pool, the provisions of the liability insurance policy on defense and settlement of claims or the provisions of the agreement formin…
Neb. Rev. Stat. § 81-8,232 Action against employee; act or omission of employee.
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Nothing in the State Tort Claims Act shall be construed to prevent the state from bringing an action for recovery from an employee of the state when the state has made payment of an award or settlement growing out of the employee's act or omission under the State Tort Claims Act.
Neb. Rev. Stat. § 81-8,233 Employee; report property damage, injury, or death; cooperation in investigation.
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When any employee is involved in any occurrence involving damage to or loss of property or personal injury or death, such employee as soon as practicable shall report full information on such occurrence to the head of the agency by which he or she is employed. The head of the age…
Neb. Rev. Stat. § 81-8,234 Skatepark and bicycle motocross park; sign required; warning notice.
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(1) The state shall post and maintain a sign at each skatepark and bicycle motocross park sponsored by the state containing the following warning notice: Under Nebraska law, the state is not liable for an injury to or the death of a participant in recreational activities resultin…
Neb. Rev. Stat. § 81-8,235 Act, how cited.
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Sections 81-8,209 to 81-8,235 shall be known and may be cited as the State Tort Claims Act.
Neb. Rev. Stat. § 81-8,236 Correctional institution incident; costs of prosecution; claim by county; Risk Manager; powers and duties.
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(1) For purposes of this section: (a) Correctional institution incident means an incident in which a crime or crimes are allegedly committed by one or more inmates confined in a state correctional institution; (b) Costs of prosecution includes, but is not limited to, the costs of…
Neb. Rev. Stat. § 81-8,239.01 Risk Management Program; risk management and state claims division of the Department of Administrative Services; established; Risk Manager; powers and duties.
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(1) For purposes of sections 81-8,239.01 to 81-8,239.08 and 81-8,239.11, unless the context otherwise requires, the definition of state agencies found in section 81-8,210 shall apply, except that such term shall not include the Board of Regents of the University of Nebraska. (2) …
Neb. Rev. Stat. § 81-8,239.02 State Insurance Fund; State Self-Insured Property Fund; State Self-Insured Indemnification Fund; State Self-Insured Liability Fund; created; purposes; report; attorney's fees.
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The following separate permanent revolving funds are established in the state treasury for use under the Risk Management Program according to the purposes for which each fund is established: (1) The State Insurance Fund is hereby created for the purpose of purchasing insurance to…
Neb. Rev. Stat. § 81-8,239.03 Risk Manager; present budget request; contents; deficiency appropriation; procedure; investment.
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The Risk Manager shall present a budget request as provided in subdivision (1) of section 81-1113 for the Risk Management Program which shall separately state the amount requested for the Tort Claims Fund, State Insurance Fund, State Self-Insured Property Fund, State Self-Insured…
Neb. Rev. Stat. § 81-8,239.04 Money or property recovered by state; disposition.
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All money or property recovered by or returned to the state, including but not limited to dividends, money recovered pursuant to litigation, or the salvage value of damaged property for damages relating to either a liability or property loss for which money from the State Insuran…
Neb. Rev. Stat. § 81-8,239.05 Indemnification of state officials and employees; when; Attorney General; duties; attorney's fees; report.
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(1) The State of Nebraska shall indemnify its officials and employees and its past officials and employees for money damages and reasonable costs incurred as a result of an act or omission occurring in the course and scope of employment of such official or employee after May 22, …
Neb. Rev. Stat. § 81-8,239.06 Civil action against state officer or employee; Attorney General; represent; cooperation required; payment for defense; when required.
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(1) If any civil action is brought against any state officer or employee, such state official or employee may file a written request for counsel with the Attorney General asserting that such civil action is based in fact upon an alleged act or omission in the course and scope of …
Neb. Rev. Stat. § 81-8,239.07 Risk Manager; self-insure; risk management services; procure insurance; amount of protection; premium; payments.
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The Risk Manager, acting as agent for the state agencies, may (1) self-insure and contract for related risk management services, (2) purchase a liability insurance policy or policies, or (3) use any combination of self-insurance and insurance to protect the agencies and their emp…
Neb. Rev. Stat. § 81-8,239.08 Civil action against provider of medical or dental services; Attorney General; represent; indemnification of provider.
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Any person who, at the request of the director of a state agency, provides medical or dental services to a person in the custody of the state may be represented by the Attorney General in the same manner as a state officer or employee under sections 81-8,239.05 and 81-8,239.06 in…
Neb. Rev. Stat. § 81-8,239.09 Risk Management Administration Cash Fund; created; use; investment.
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There is hereby created the Risk Management Administration Cash Fund. The fund shall be administered by the Risk Manager. The fund shall consist of miscellaneous fees for services provided by the Risk Manager and shall be used to pay for expenses of the risk management and state …
Neb. Rev. Stat. § 81-8,239.11 Settlements and judgments; state agency; Attorney General; filing required; insufficient funds; Risk Manager; duties.
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A state agency head shall file copies of all settlements, and a state agency head or the Attorney General shall file copies of all final, nonappealable judgments, of all self-insured liability claims with the Risk Manager. If the state agency has insufficient funds to pay the set…
Neb. Rev. Stat. § 81-8,262 Commission on Latino-Americans; created; term, defined.
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There is hereby created the Commission on Latino-Americans. For purposes of sections 81-8,262 to 81-8,271.01, commission means the Commission on Latino-Americans.
Neb. Rev. Stat. § 81-8,263 Commission; members; appointment; term.
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The commission shall consist of nine members who shall be appointed by the Governor. Of the initial appointees, three shall be appointed to one-year terms, three to two-year terms, and three to three-year terms. Appointees to any vacancy which may occur shall be appointed only fo…
Neb. Rev. Stat. § 81-8,264 Commission; officers.
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The commission shall elect one of its members as chairman and one as secretary to serve a one-year term.
Neb. Rev. Stat. § 81-8,265 Commission; functions.
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The functions of the commission shall be to: (1) Gather and disseminate information and conduct hearings, conferences, and special studies on problems and programs concerning Latino-Americans; (2) Serve the needs of Latino-Americans, especially in the fields of education, employm…
Neb. Rev. Stat. § 81-8,266 Commission; meetings; quorum.
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The full commission shall meet at least four times a year. The chairperson or any three members may call additional meetings. A majority of members shall constitute a quorum.
Neb. Rev. Stat. § 81-8,267 Commission; members; compensation; expenses.
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Members shall receive thirty-five dollars per day for each day spent in the performance of their official duties. Members shall receive reimbursement for expenses as provided in sections 81-1174 to 81-1177.
Neb. Rev. Stat. § 81-8,268 Commission; director; qualifications; employ.
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The commission shall employ a director. He shall be qualified by education and experience to assume the responsibilities of such office.
Neb. Rev. Stat. § 81-8,269 Director; duties.
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The director shall be the administrative officer of the commission and shall serve the commission by gathering information, disseminating findings of fact and other information, forwarding proposals and evaluations to the Governor, the Legislature, and various state agencies, car…