Terms Used In Nebraska Statutes > Agricultural Liming Materials Act

• Abatement does not: include renovation, remodeling, landscaping, or other activities when such activities are not designed to permanently eliminate lead-based paint hazards but instead are designed to repair, restore, or remodel a structure or dwelling even if such activities may incidentally result in a reduction or elimination of lead-based paint hazards. See Nebraska Statutes 71-6319.02
• Abatement or abatement project: means any measure or set of measures designed to permanently eliminate lead-based paint hazards. See Nebraska Statutes 71-6319.02
• Accredited training program: means a training program that has been accredited by the department to provide training for individuals engaged in lead-based paint activities. See Nebraska Statutes 71-6319.03
• Acquire: when used in connection with a grant of power or property right to any person shall include the purchase, grant, gift, devise, bequest, and obtaining by eminent domain. See Nebraska Statutes 49-801
• Action: shall include any proceeding in any court of this state. See Nebraska Statutes 49-801
• Action shall: include any proceeding in any court of this state. See Nebraska Statutes 49-801
• Acute care bed: means a bed in a hospital that is or will be licensed under the Health Care Facility Licensure Act for acute care services or a bed that is part of a hospital or unit of a hospital that is excluded from the prospective payment system under Title XVIII of the federal Social Security Act, as amended, as a rehabilitation hospital or rehabilitation unit. See Nebraska Statutes 71-5803.01
• Adjourn: A motion to adjourn a legislative chamber or a committee, if passed, ends that day's session.
• Advice and consent: Under the Constitution, presidential nominations for executive and judicial posts take effect only when confirmed by the Senate, and international treaties become effective only when the Senate approves them by a two-thirds vote.
• Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
• Affirmed: In the practice of the appellate courts, the decree or order is declared valid and will stand as rendered in the lower court.
• Agricultural lime slurry: shall mean pulverized limestone suspended in water and which may contain up to two percent by weight of appropriate clay and surfactant to maintain the liming material in suspension. See Nebraska Statutes 2-4316
• Agricultural liming material: shall mean material which is distributed for agricultural purposes whose calcium and magnesium compounds are capable of neutralizing soil acidity, including limestone, burnt lime, hydrated lime, marl, an industrial byproduct, and agricultural lime slurry. See Nebraska Statutes 2-4303
• Allegation: something that someone says happened.
• Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
• Amortization: Paying off a loan by regular installments.
• Annuity: A periodic (usually annual) payment of a fixed sum of money for either the life of the recipient or for a fixed number of years. A series of payments under a contract from an insurance company, a trust company, or an individual. Annuity payments are made at regular intervals over a period of more than one full year.
• Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
• Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
• Appraisal: A determination of property value.
• Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
• Assessment: means the act of listing the description of all real property and taxable tangible personal property, determining its taxability, determining its taxable value, and placing it on the assessment roll. See Nebraska Statutes 77-126
• Assessment roll: means a complete and verified list of all real property and the taxable tangible personal property in a county and the associated assessments as defined in section 77-126. See Nebraska Statutes 77-129
• Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
• Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
• Attorney: shall mean attorney at law. See Nebraska Statutes 49-801
• Bankruptcy: Refers to statutes and judicial proceedings involving persons or businesses that cannot pay their debts and seek the assistance of the court in getting a fresh start. Under the protection of the bankruptcy court, debtors may discharge their debts, perhaps by paying a portion of each debt. Bankruptcy judges preside over these proceedings.
• Baseline: Projection of the receipts, outlays, and other budget amounts that would ensue in the future without any change in existing policy. Baseline projections are used to gauge the extent to which proposed legislation, if enacted into law, would alter current spending and revenue levels.
• Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. ^{Source: OCC}
• Bequest: Property gifted by will.
• Board: shall mean the State Board of Health. See Nebraska Statutes 71-6205
• Brand: shall mean the term, designation, trademark, product name, or other specific designation under which individual agricultural liming material is offered for sale. See Nebraska Statutes 2-4309
• Bulk: shall mean in a nonpackaged form. See Nebraska Statutes 2-4312
• Burnt lime: shall mean a material made from limestone which consists essentially of calcium oxide or a combination of calcium oxide with magnesium oxide. See Nebraska Statutes 2-4305
• Calcium carbonate equivalent: shall mean the acid-neutralizing capacity of an agricultural liming material expressed as a weight percentage of calcium carbonate. See Nebraska Statutes 2-4314
• Certificate of need: means a written authorization by the department for a person to implement the project under review. See Nebraska Statutes 71-5803.03
• Certificate or certification: shall mean a voluntary process by which a statutory regulatory entity grants recognition to an individual who has met certain prerequisite qualifications specified by such regulatory entity and who may assume or use certified in the title or designation to perform prescribed tasks. See Nebraska Statutes 71-6206
• Chairperson: shall mean the chairperson of the Health and Human Services Committee of the Legislature. See Nebraska Statutes 71-6206.01
• Child-occupied facility: means a building or portion of a building, constructed prior to 1978, visited regularly by the same child six years of age or under, on at least two different days within any seven-day period running from Sunday through Saturday, if each daily visit lasts at least three hours, the combined weekly visits last at least six hours, and the combined annual visits last at least sixty hours. See Nebraska Statutes 71-6319.11
• Clerical error: means transposition of numbers, mathematical error, computer malfunction causing programming and printing errors, data entry error, items of real property other than land identified on the wrong parcel, incorrect ownership, or certification of an incorrect valuation to political subdivisions. See Nebraska Statutes 77-128
• Committee: shall mean the technical committee created in section 71-6224. See Nebraska Statutes 71-6207
• Common area: means a portion of a building that is generally accessible to all occupants and may include, but is not limited to, a hallway, stairway, laundry or recreational room, playground, community center, garage, or boundary fence. See Nebraska Statutes 71-6319.12
• Company: shall include any corporation, partnership, limited liability company, joint-stock company, joint venture, or association. See Nebraska Statutes 49-801
• Company shall: include any corporation, partnership, limited liability company, joint-stock company, joint venture, or association. See Nebraska Statutes 49-801
• Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
• Component or building component: means a specific design or structural element or a fixture of a building, residential dwelling, or child-occupied facility that is distinguished from others by form, function, and location and may include, but is not limited to, (1) interior components such as ceilings, crown moldings, walls, chair rails, doors, door trim, floors, fireplaces, radiators and other heating units, shelves, shelf supports, stair treads, stair risers, stair stringers, newel posts, railing caps, balustrades, windows and trim including sashes, window heads, jambs, or sills or stools and troughs, built-in cabinets, columns, beams, bathroom vanities, counter tops, and air conditioners and (2) exterior components such as painted roofing, chimneys, flashing, gutters and downspouts, ceilings, soffits, fascia, rake boards, cornerboards, bulkheads, doors and door trim, fences, floors, joists, lattice work, railings and railing caps, siding, handrails, stair risers and treads, stair stringers, columns, balustrades, window sills or stools and troughs, casings, sashes, and wells, and air conditioners. See Nebraska Statutes 71-6319.13
• Containment: means a process to protect workers and the environment by controlling exposure to the lead-contaminated dust and debris created during an abatement project. See Nebraska Statutes 71-6319.14
• Contemplation of death: The expectation of death that provides the primary motive to make a gift.
• Continuance: Putting off of a hearing ot trial until a later time.
• Contract: A legal written agreement that becomes binding when signed.
• Conviction: A judgement of guilt against a criminal defendant.
• Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
• County assessor: includes an elected or appointed county assessor or a county clerk who is an ex officio county assessor. See Nebraska Statutes 77-115
• Credentialing: shall mean the process of regulating health professions by means of registration, certification, or licensure. See Nebraska Statutes 71-6207.01
• Credentialing shall mean the process of regulating health professions by: means of registration, certification, or licensure. See Nebraska Statutes 71-6207.01
• Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
• Decedent: A deceased person.
• Deed: The legal instrument used to transfer title in real property from one person to another.
• Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
• Department: means the Department of Health and Human Services. See Nebraska Statutes 71-5803.04
• Department: shall mean the Department of Health and Human Services. See Nebraska Statutes 71-6010
• Department: means the Department of Health and Human Services. See Nebraska Statutes 71-6319.15
• Department: shall mean the Department of Agriculture. See Nebraska Statutes 2-4317
• Dependent: A person dependent for support upon another.
• Depreciable tangible personal property: shall mean tangible personal property which is used in a trade or business or used for the production of income and which has a determinable life of longer than one year. See Nebraska Statutes 77-119
• Deteriorated paint: means paint that is cracking, flaking, chipping, peeling, or otherwise separating from the substrate of a building component. See Nebraska Statutes 71-6319.16
• Devise: To gift property by will.
• Directed review: shall mean a review conducted pursuant to section 71-6223. See Nebraska Statutes 71-6207.02
• Director: shall mean the Director of Public Health of the Division of Public Health of the Department of Health and Human Services. See Nebraska Statutes 71-6208
• Director: shall mean the Director of Agriculture. See Nebraska Statutes 2-4318
• Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
• Dismissal: The dropping of a case by the judge without further consideration or hearing. ^Source:
• Division: shall mean the Division of Public Health of the Department of Health and Human Services. See Nebraska Statutes 71-6208.01
• Domestic: when applied to corporations shall mean all those created by authority of this state. See Nebraska Statutes 49-801
• Donee: The recipient of a gift.
• Donor: The person who makes a gift.
• Electronic smoking device: means an electronic nicotine delivery system as defined in section 28-1418. See Nebraska Statutes 71-5718.01
• Elevated blood-lead level: means a confirmed concentration of lead in whole blood of twenty micrograms of lead per deciliter of whole blood for a single venous test or of fifteen to nineteen micrograms of lead per deciliter of whole blood in two consecutive tests taken three to four months apart. See Nebraska Statutes 71-6319.18
• Employed: means hired, contracted, subcontracted, or otherwise engaged to furnish goods or services. See Nebraska Statutes 71-5719
• Employee: means a person who is employed by an employer in consideration for direct or indirect monetary wages, profit, or other remuneration. See Nebraska Statutes 71-5720
• Employer: means a person, nonprofit entity, sole proprietorship, partnership, joint venture, corporation, limited partnership, limited liability company, cooperative, firm, trust, association, organization, or other business entity, including retail establishments where goods or services are sold, who or which employs one or more employees. See Nebraska Statutes 71-5721
• Encapsulant: means a substance that forms a barrier between lead-based paint and the environment using a liquid-applied coating, with or without reinforcement materials, or an adhesively bonded covering material. See Nebraska Statutes 71-6319.19
• Encapsulation: means the application of an encapsulant. See Nebraska Statutes 71-6319.20
• Enclosure: means the use of rigid, durable construction materials that are mechanically fastened to the substrate in order to act as a barrier between lead-based paint and the environment. See Nebraska Statutes 71-6319.21
• Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. ^{Source: U.S. Courts}
• Escrow: Money given to a third party to be held for payment until certain conditions are met.
• Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
• Ex officio: Literally, by virtue of one's office.
• Executor: A male person named in a will to carry out the decedent
• Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller.
• Federal Deposit Insurance Corporation: A government corporation that insures the deposits of all national and state banks that are members of the Federal Reserve System. ^{Source: OCC}
• Fee simple: Absolute title to property with no limitations or restrictions regarding the person who may inherit it.
• Fiduciary: A trustee, executor, or administrator.
• Fineness: shall mean the percentage by weight of the material which will pass standard sieves of specified sizes to be determined by the director pursuant to section 2-4319. See Nebraska Statutes 2-4310
• Firm: means a company, partnership, corporation, sole proprietorship, association, or other business entity that conducts lead-based paint abatement or abatement projects. See Nebraska Statutes 71-6319.22
• Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
• Foreclosure: A legal process in which property that is collateral or security for a loan may be sold to help repay the loan when the loan is in default. ^{Source: OCC}
• Foreign: when applied to corporations shall include all those created by authority other than that of this state. See Nebraska Statutes 49-801
• Fraud: Intentional deception resulting in injury to another.
• Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
• Grandfather clause: shall mean a provision in a regulatory statute applicable to practitioners actively engaged in the regulated health profession prior to the effective date of the regulatory statute which exempts the practitioners from meeting the prerequisite qualifications set forth in the regulatory statute to perform prescribed occupational tasks. See Nebraska Statutes 71-6209
• Grantee: shall include every person to whom any estate or interest passes in or by any conveyance. See Nebraska Statutes 49-801
• Grantee shall: include every person to whom any estate or interest passes in or by any conveyance. See Nebraska Statutes 49-801
• Gross estate: The total fair market value of all property and property interests, real and personal, tangible and intangible, of which a decedent had beneficial ownership at the time of death before subtractions for deductions, debts, administrative expenses, and casualty losses suffered during estate administration.
• Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
• Guest instructor: means an individual designated by the training program manager or principal instructor to provide instruction specific to the lecture, hands-on activities, or work practice components of a course. See Nebraska Statutes 71-6319.23
• Guestroom or suite: means a sleeping room and directly associated private areas, such as a bathroom, a living room, and a kitchen area, if any, rented to the public for their exclusive transient occupancy, including, but not limited to, a guestroom or suite in a hotel, motel, inn, lodge, or other such establishment. See Nebraska Statutes 71-5722
• Health care facility: means hospitals, skilled nursing facilities, intermediate care facilities, and nursing facilities. See Nebraska Statutes 71-5803.06
• Health planning region: means one of the twenty-six health planning regions established in the Nebraska State Health Plan, 1986-1991. See Nebraska Statutes 71-5803.07
• Health professional group not previously regulated: shall mean those persons or groups who are not currently licensed or otherwise regulated under the Uniform Credentialing Act, who are determined by the director to be qualified by training, education, or experience to perform the functions prescribed in this section, and whose principal functions, customarily performed for remuneration, are to render services directly or indirectly to individuals for the purpose of:

  (1) Preventing physical, mental, or emotional injury or illness, excluding persons acting in their capacity as clergy. See Nebraska Statutes 71-6211

• Hydrated lime: shall mean a material made from burnt lime which consists of calcium hydroxide or a combination of calcium hydroxide with magnesium oxide or magnesium hydroxide. See Nebraska Statutes 2-4306
• Improvements on leased land: shall mean any item of real property defined in subdivisions (2) through (5) of section 77-103 which is located on land owned by a person other than the owner of the item. See Nebraska Statutes 77-117
• Indoor area: means an area enclosed by a floor, a ceiling, and walls on all sides that are continuous and solid except for closeable entry and exit doors and windows and in which less than twenty percent of the total wall area is permanently open to the outdoors. See Nebraska Statutes 71-5723
• Industrial byproduct: shall mean any industrial waste or byproduct containing calcium or calcium and magnesium in forms that will neutralize soil acidity. See Nebraska Statutes 2-4308
• Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
• Inspection: shall mean the periodic examination of practitioners by a state agency in order to ascertain whether the practitioner's occupation is being carried out in a manner consistent with the public health, safety, and welfare. See Nebraska Statutes 71-6212
• Inspection: means a surface-by-surface investigation to determine the presence of lead-based paint and the provision of a report explaining the results of the investigation. See Nebraska Statutes 71-6319.24
• Inter vivos: Transfer of property from one living person to another living person.
• Interest rate: The amount paid by a borrower to a lender in exchange for the use of the lender's money for a certain period of time. Interest is paid on loans or on debt instruments, such as notes or bonds, either at regular intervals or as part of a lump sum payment when the issue matures. ^{Source: OCC}
• Interim controls: means a set of measures designed to temporarily reduce human exposure or likely exposure to lead-based paint hazards, including specialized cleaning, repairs, maintenance, painting, temporary containment, ongoing monitoring of lead-based paint hazards or potential hazards, and the establishment and operation of management and resident education programs. See Nebraska Statutes 71-6319.25
• Intestate: Dying without leaving a will.
• Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
• Label: shall mean any written or printed matter on or attached to the package or on the delivery ticket which accompanies bulk shipments. See Nebraska Statutes 2-4313
• Lead-based paint: means paint or other surface coatings that contain lead equal to or in excess of one milligram per square centimeter or more than five-tenths of one percent by weight in a residential dwelling or child-occupied facility. See Nebraska Statutes 71-6319.26
• Lead-based paint hazard: means any condition that causes exposure to lead from lead-contaminated dust, lead-contaminated soil, or lead-contaminated paint that is deteriorated paint or is present in accessible surfaces, friction surfaces, or impact surfaces that would result in adverse human health effects as identified by the department. See Nebraska Statutes 71-6319.28
• Lead-based paint profession: means one of the specific types or categories of lead-based paint activities identified in the Residential Lead-Based Paint Professions Practice Act for which individuals may receive training from an accredited training program and become licensed by the department. See Nebraska Statutes 71-6319.29
• Lead-contaminated dust: means surface dust in a residential dwelling or child-occupied facility that contains an area or mass concentration of lead at or in excess of levels identified by the department. See Nebraska Statutes 71-6319.30
• Lead-contaminated soil: means bare soil on residential real property or on the property of a child-occupied facility that contains lead at or in excess of levels identified by the department. See Nebraska Statutes 71-6319.31
• Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). ^{Source: OCC}
• Legacy: A gift of property made by will.
• Legatee: A beneficiary of a decedent
• Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
• License: shall mean a license to operate a nursing home issued under the Health Care Facility Licensure Act. See Nebraska Statutes 71-6016
• Licensed abatement worker: means an individual who has been trained by an accredited training program and licensed by the department to perform abatement projects. See Nebraska Statutes 71-6319.04
• Licensed firm: means a firm to which the department has issued a license. See Nebraska Statutes 71-6319.05
• Licensed inspector: means an individual who has been trained by an accredited training program and licensed by the department to conduct inspections and sample for the presence of lead in dust and soil for the purposes of abatement clearance testing. See Nebraska Statutes 71-6319.06
• Licensed project designer: means an individual who has been trained by an accredited training program and licensed by the department to prepare abatement project designs, occupant protection plans, and abatement reports. See Nebraska Statutes 71-6319.07
• Licensed risk assessor: means an individual who has been trained by an accredited training program and licensed by the department to conduct risk assessments and to sample for the presence of lead in dust and soil for the purposes of abatement clearance testing. See Nebraska Statutes 71-6319.08
• Licensed supervisor: means an individual who has been trained by an accredited training program and licensed by the department to supervise and conduct abatement projects and to prepare occupant protection plans and abatement reports. See Nebraska Statutes 71-6319.09
• Licensed visual lead-hazard advisor: means an individual who has been trained by an accredited training program and licensed by the department to conduct a visual lead-hazard screen. See Nebraska Statutes 71-6319.10
• Licensee: shall mean the holder of a license. See Nebraska Statutes 71-6017
• Lien: A claim against real or personal property in satisfaction of a debt.
• Life estate: A property interest limited in duration to the life of the individual holding the interest (life tenant).
• Limestone: shall mean a material consisting essentially of calcium carbonate or a combination of calcium carbonate with magnesium carbonate capable of neutralizing soil acidity. See Nebraska Statutes 2-4304
• Lineal descendant: Direct descendant of the same ancestors.
• Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
• Long-term care bed: means a bed in a health care facility that is or will be licensed under the Health Care Facility Licensure Act as a skilled nursing facility, intermediate care facility, nursing facility, or long-term care hospital. See Nebraska Statutes 71-5803.10
• Magistrate: shall include judge of the county court and clerk magistrate. See Nebraska Statutes 49-801
• Magistrate shall: include judge of the county court and clerk magistrate. See Nebraska Statutes 49-801
• Marital deduction: The deduction(s) that can be taken in the determination of gift and estate tax liabilities because of the existence of a marriage or marital relationship.
• Marl: shall mean a granular or loosely consolidated earthy material composed largely of seashell fragments and calcium carbonate. See Nebraska Statutes 2-4307
• Medicaid: means the medical assistance program established pursuant to the Medical Assistance Act. See Nebraska Statutes 71-6017.01
• Month: shall mean calendar month. See Nebraska Statutes 49-801
• Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
• Nebraska adjusted basis: shall mean the adjusted basis of property as determined under the Internal Revenue Code increased by the total amount allowed under the code for depreciation or amortization or pursuant to an election to expense depreciable property under section 179 of the code. See Nebraska Statutes 77-118
• Nursing home: shall mean a nursing facility or a skilled nursing facility as defined in section 71-424 or 71-429. See Nebraska Statutes 71-6012
• Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
• Oversight: Committee review of the activities of a Federal agency or program.
• Parcel: means a contiguous tract of land determined by its boundaries, under the same ownership, and in the same tax district and section. See Nebraska Statutes 77-132
• Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
• Person: shall include bodies politic and corporate, societies, communities, the public generally, individuals, partnerships, limited liability companies, joint-stock companies, and associations. See Nebraska Statutes 49-801
• Person: means an individual, a trust or estate, a partnership, a limited liability company, a corporation, including associations, joint-stock companies, and insurance companies, a state, a political subdivision or instrumentality, including a municipal corporation, of a state, or any legal entity recognized by the state. See Nebraska Statutes 71-5803.12
• Person: means any natural or judicial person, including any individual, corporation, partnership, or association, any state, or political subdivision thereof, any interstate body, and any department, agency, or instrumentality of the United States Government. See Nebraska Statutes 71-6319.32
• Person shall: include bodies politic and corporate, societies, communities, the public generally, individuals, partnerships, limited liability companies, joint-stock companies, and associations. See Nebraska Statutes 49-801
• Personal property: All property that is not real property.
• Place of employment: means an indoor area under the control of a proprietor that an employee accesses as part of his or her employment without regard to whether the employee is present or work is occurring at any given time. See Nebraska Statutes 71-5724
• Plaintiff: The person who files the complaint in a civil lawsuit.
• Pleadings: Written statements of the parties in a civil case of their positions. In the federal courts, the principal pleadings are the complaint and the answer.
• Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. ^{Source: OCC}
• Practitioner: shall mean an individual who has achieved knowledge and skill by the practice of a specified health profession and is actively engaged in such profession. See Nebraska Statutes 71-6215
• Precedent: A court decision in an earlier case with facts and law similar to a dispute currently before a court. Precedent will ordinarily govern the decision of a later similar case, unless a party can show that it was wrongly decided or that it differed in some significant way.
• Presiding officer: A majority-party Senator who presides over the Senate and is charged with maintaining order and decorum, recognizing Members to speak, and interpreting the Senate's rules, practices and precedents.
• Principal instructor: means the individual who has the primary responsibility for organizing and teaching a particular course. See Nebraska Statutes 71-6319.33
• Probate: Proving a will
• Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
• Process: shall mean a summons, subpoena, or notice to appear issued out of a court in the course of judicial proceedings. See Nebraska Statutes 49-801
• Professional license shall mean an individual nontransferable authorization to work in a health profession based on qualifications which: include graduation from an accredited or approved program and acceptable performance on a qualifying examination or series of examinations. See Nebraska Statutes 71-6214
• Proprietor: means any employer, owner, operator, supervisor, manager, or other person who controls, governs, or directs the activities in a place of employment or public place. See Nebraska Statutes 71-5725
• Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
• Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide.
• Public place: means an indoor area to which the public is invited or in which the public is permitted, whether or not the public is always invited or permitted. See Nebraska Statutes 71-5726
• Purchase: shall include taking by sale, discount, negotiation, or any other transaction for value creating an interest in property except liens. See Nebraska Statutes 77-122
• Purchase shall: include taking by sale, discount, negotiation, or any other transaction for value creating an interest in property except liens. See Nebraska Statutes 77-122
• Quorum: The number of legislators that must be present to do business.
• Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
• Reduction: means measures designed to reduce or eliminate human exposure to lead-based paint hazards through methods including interim controls and abatement. See Nebraska Statutes 71-6319.34
• Regulated health professions: shall mean those persons or groups who are currently licensed or otherwise regulated under the Uniform Credentialing Act, who are qualified by training, education, or experience to perform the functions prescribed in this section, and whose principal functions, customarily performed for remuneration, are to render services directly or indirectly to individuals for the purpose of:

  (1) Preventing physical, mental, or emotional injury or illness. See Nebraska Statutes 71-6218

• Regulatory entity: shall mean any board, commission, agency, division, or other unit or subunit of state government which regulates one or more professions, occupations, industries, businesses, or other endeavors in this state. See Nebraska Statutes 71-6219
• Rehabilitation bed: means a bed in a health care facility that is or will be licensed under the Health Care Facility Licensure Act if the bed is in an inpatient facility which is operated for the primary purpose of assisting in the rehabilitation of disabled persons through an integrated program of medical and other services which are provided under professional supervision and if the bed is part of a hospital or unit of a hospital that is excluded from the prospective payment system under Title XVIII of the federal Social Security Act as a rehabilitation hospital or rehabilitation unit. See Nebraska Statutes 71-5803.13
• Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
• Rescission: The cancellation of budget authority previously provided by Congress. The Impoundment Control Act of 1974 specifies that the President may propose to Congress that funds be rescinded. If both Houses have not approved a rescission proposal (by passing legislation) within 45 days of continuous session, any funds being withheld must be made available for obligation.
• Resident: shall mean any person domiciled, residing, or receiving care and treatment, for a period in excess of twenty-four hours, in a nursing home. See Nebraska Statutes 71-6013
• Residential dwelling: means a detached single-family dwelling unit, including attached structures such as porches and stoops, or a single-family dwelling unit in a structure that contains more than one separate residential dwelling unit which is used or occupied or intended to be used or occupied, in whole or in part, as the home or residence of one or more persons. See Nebraska Statutes 71-6319.35
• Review body: shall mean the committee, the board, or the director charged with reviewing applications for new credentialing or change in scope of practice. See Nebraska Statutes 71-6219.01
• Risk assessment: means an onsite investigation to determine the existence, nature, severity, and location of lead-based paint hazards and the provision of a report by the individual or the firm conducting the risk assessment, explaining the results of the investigation and options for reducing lead-based paint hazards. See Nebraska Statutes 71-6319.36
• Service of process: The service of writs or summonses to the appropriate party.
• Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
• Smoke or smoking: means inhaling, exhaling, burning, or carrying any lighted or heated cigar, cigarette, pipe, hookah, or any other lighted or heated tobacco or plant product intended for inhalation, whether natural or synthetic, in any manner or in any form. See Nebraska Statutes 71-5727
• State: when applied to different states of the United States shall be construed to extend to and include the District of Columbia and the several territories organized by Congress. See Nebraska Statutes 49-801
• State agency: shall include every state office, department, board, commission, regulatory entity, and agency of the state and, when provided specifically by law to be a state agency for purposes of this section, programs and activities involving less than the full responsibility of a state agency. See Nebraska Statutes 71-6220
• State agency shall: include every state office, department, board, commission, regulatory entity, and agency of the state and, when provided specifically by law to be a state agency for purposes of this section, programs and activities involving less than the full responsibility of a state agency. See Nebraska Statutes 71-6220
• Statute: A law passed by a legislature.
• Subpoena: A command to a witness to appear and give testimony.
• Summons: Another word for subpoena used by the criminal justice system.
• Sworn: shall include affirmed in all cases in which an affirmation may be substituted for an oath. See Nebraska Statutes 49-801
• Target housing: means any housing constructed prior to 1978, except housing for the elderly or persons with disabilities unless one or more children six years of age or under resides or is expected to reside in such housing for the elderly or persons with disabilities or any zero-bedroom dwelling. See Nebraska Statutes 71-6319.37
• Tax district: means an area within a county in which all of the taxable property is subject to property taxes at the same consolidated property tax rate. See Nebraska Statutes 77-127
• Tax situs: means the tax district wherein taxable real property is located or taxable tangible personal property is located for fifty percent or more of the calendar year. See Nebraska Statutes 77-125
• Taxable property: shall mean any real or tangible personal property subject to tax pursuant to law and not exempt from tax. See Nebraska Statutes 77-121
• Taxing official: means any federal, state, or local government officer or employee who is charged with the duty of auditing, assessing, equalizing, levying, computing, and collecting taxes. See Nebraska Statutes 77-130
• Testify: Answer questions in court.
• Testimony: Evidence presented orally by witnesses during trials or before grand juries.
• Tobacco retail outlet: means a store that sells only tobacco and products directly related to tobacco. See Nebraska Statutes 71-5728
• Ton: shall mean a net weight of two thousand pounds avoirdupois. See Nebraska Statutes 2-4311
• Tort: A civil wrong or breach of a duty to another person, as outlined by law. A very common tort is negligent operation of a motor vehicle that results in property damage and personal injury in an automobile accident.
• Training curriculum: means an established set of course topics for instruction in an accredited training program for a particular lead-based paint profession designed to provide specialized knowledge and skills. See Nebraska Statutes 71-6319.38
• Training program manager: means the individual responsible for administering an accredited training program and monitoring the performance of principal instructors and guest instructors. See Nebraska Statutes 71-6319.39
• Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.
• Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
• Trustee: A person or institution holding and administering property in trust.
• United States: shall include territories, outlying possessions, and the District of Columbia. See Nebraska Statutes 49-801
• United States shall: include territories, outlying possessions, and the District of Columbia. See Nebraska Statutes 49-801
• User fees: Fees charged to users of goods or services provided by the government. In levying or authorizing these fees, the legislature determines whether the revenue should go into the treasury or should be available to the agency providing the goods or services.
• Violate: shall include failure to comply with. See Nebraska Statutes 49-801
• Visual lead-hazard screen: means a visual assessment to determine the presence of deteriorated paint or other potential sources of lead-based paint hazards in a residential dwelling or child-occupied facility. See Nebraska Statutes 71-6319.40
• Weight: shall mean the weight of undried material as offered for sale. See Nebraska Statutes 2-4315
• Welfare: shall include the ability of the public to achieve ready access to high quality health care services at reasonable costs. See Nebraska Statutes 71-6220.01
• Welfare shall: include the ability of the public to achieve ready access to high quality health care services at reasonable costs. See Nebraska Statutes 71-6220.01
• Writ: A formal written command, issued from the court, requiring the performance of a specific act.
• Year: shall mean calendar year. See Nebraska Statutes 49-801