FrankGoortani/open-us-law huggingface dataset:
Neb. Rev. Stat. § 44-4202 — NE Code / Chapter 44 / Section 44-4202
View Statute 44-4202
Status: in_force

It is the purpose and intent of the Legislature to provide access to health insurance coverage at an affordable premium to all residents of Nebraska, including those individuals denied coverage due to a preexisting medical condition or whose policy includes a restrictive rider limiting coverage for such a condition. The purpose of the Comprehensive Health Insurance Pool Act is to provide a mechanism to ensure the availability of health insurance coverage to individuals unable to purchase such coverage for a preexisting medical condition either on an individual or group basis directly from an insurer. It is the intent of the Legislature that adequate levels of health insurance coverage be made available to residents of Nebraska who are otherwise considered uninsurable or who are underinsured due to a medical condition creating a high risk. It is the intent of the Comprehensive Health Insurance Pool Act to provide affordable insurance for individuals with such medical conditions by making such health insurance coverage available.

Laws 1985, LB 391, § 2;

Laws 2000, LB 1253, § 2.
Neb. Rev. Stat. § 44-2801 — NE Code / Chapter 44 / Section 44-2801
View Statute 44-2801
Status: in_force

(1) The Legislature finds and declares that it is in the public interest that competent medical and hospital services be available to the public in the State of Nebraska at reasonable costs, and that prompt and efficient methods be provided for eliminating the expense as well as the useless expenditure of time of physicians and courts in nonmeritorious malpractice claims and for efficiently resolving meritorious claims. It is essential in this state to assure continuing availability of medical care and to encourage physicians to enter into the practice of medicine in Nebraska and to remain in such practice as long as such physicians retain their qualifications.

(2) The Legislature further finds that at the present time under the system in effect too large a percentage of the cost of malpractice insurance is received by individuals other than the injured party. The intent of sections 44-2801 to 44-2855 is to serve the public interest by providing an alternative method for determining malpractice claims in order to improve the availability of medical care, to improve its quality and to reduce the cost thereof, and to insure the availability of malpractice insurance coverage at reasonable rates.

Laws 1976, LB 434, § 1.

The Nebraska Hospital-Medical Liability Act does not establish a public policy requiring that a professional liability insurance policy must provide coverage for sexual abuse inflicted by a physician upon his or her patient. R.W. v. Schrein, 263 Neb. 708, 642 N.W.2d 505 (2002).

The Nebraska Hospital-Medical Liability Act does not establish a public policy requiring that a professional liability insurance policy must provide coverage for sexual abuse inflicted by a physician upon his or her patient. R.W. v. Schrein, 263 Neb. 708, 642 N.W.2d 505 (2002).

This act held constitutional in regard to all questions of constitutionality raised in the answer. Prendergast v. Nelson, 199 Neb. 97, 256 N.W.2d 657 (1977).

This act held constitutional in regard to all questions of constitutionality raised in the answer. Prendergast v. Nelson, 199 Neb. 97, 256 N.W.2d 657 (1977).
Neb. Rev. Stat. § 30-3508 — NE Code / Chapter 30 / Section 30-3508
View Statute 30-3508
Status: in_force

(a) If appropriate, a custodial trustee shall register or record the instrument vesting title to custodial trust property.

(b) If the beneficiary is not incapacitated, a custodial trustee shall follow the directions of the beneficiary in the management, control, investment, or retention of the custodial trust property. In the absence of effective contrary direction by the beneficiary while not incapacitated, the custodial trustee shall comply with the prudent investor rule set forth in sections 30-3883 to 30-3889 and is not limited by any other law restricting investments by fiduciaries. However, a custodial trustee, in the custodial trustee's discretion, may retain any custodial trust property received from the transferor.

(c) Subject to subsection (b) of this section, a custodial trustee shall take control of and collect, hold, manage, invest, and reinvest custodial trust property.

(d) A custodial trustee at all times shall keep custodial trust property of which the custodial trustee has control, separate from all other property in a manner sufficient to identify it clearly as custodial trust property of the beneficiary. Custodial trust property, the title to which is subject to recordation, is so identified if an appropriate instrument so identifying the property is recorded, and custodial trust property subject to registration is so identified if it is registered, or held in an account in the name of the custodial trustee, designated in substance: "as custodial trustee for ............ (name of beneficiary) under the Nebraska Uniform Custodial Trust Act".

(e) A custodial trustee shall keep records of all transactions with respect to custodial trust property, including information necessary for the preparation of tax returns, and shall make the records and information available at reasonable times to the beneficiary or legal representative of the beneficiary.

Laws 1997, LB 51, § 8;

Laws 1999, LB 62, § 2;

Laws 2003, LB 130, § 136.
Neb. Rev. Stat. § 68-1909 — NE Code / Chapter 68 / Section 68-1909
View Statute 68-1909
Status: in_force

Medical assistance program means the medical assistance program established pursuant to the Medical Assistance Act.

Laws 2011, LB600, § 9.

Medical Assistance Act, see section 68-901 .
Neb. Rev. Stat. § 37-214 — NE Code / Chapter 37 / Section 37-214
View Statute 37-214
Status: in_force

Commission means the Game and Parks Commission.

Laws 1998, LB 922, § 24.
Neb. Rev. Stat. § 23-382 — NE Code / Chapter 23 / Section 23-382
View Statute 23-382
Status: in_force

Whenever fifty or more residents of a county file a written protest with the county board of such county in which they contend that a proposed public exhibition, public entertainment, or public gathering will adversely affect the public health or welfare, or may adversely affect the health and welfare of those in attendance at such public exhibition, public entertainment, or public gathering the county board may set such protest for hearing, and if the board thereafter determines that such exhibition, entertainment, or gathering will apparently have an adverse effect on the public health and welfare or the health and welfare of those in attendance, it shall forthwith cause an action to be brought in the appropriate court to restrain and enjoin such public exhibition, entertainment, or gathering. The court may restrain and permanently enjoin, where the facts indicate the necessity for such action on the basis of the public health and welfare, or, in the alternative, may impose such conditions on the holding of such exhibition, entertainment, or gathering, including the giving of a bond, as will adequately protect the public health and welfare or the health and welfare of those in attendance. The county board shall give such advance notice of the protest and of its hearing thereon as may be reasonable under the circumstances of the particular case, and the notice shall be given by the posting thereof at or immediately adjacent to the premises where such exhibition, entertainment, or gathering is to be held, and it may give such additional notice by publication, or by personal service or service by registered or certified mail on the owner, lessee, or occupant of the premises, or the promoter of such gathering or his agent, as the county board in its judgment may deem feasible.

Laws 1971, LB 63, § 1.
Neb. Rev. Stat. § 48-908 — NE Code / Chapter 48 / Section 48-908
View Statute 48-908
Status: in_force

An action under sections 48-901 to 48-912 may be brought in the district court of the county where the cause of action or some part thereof arose, or in the county where the defendant labor organization, or some one of the defendant labor organizations, maintains an office, or in which its agents are engaged in acting for or representing employees or in the county where the plaintiff resides and summons may be served upon the defendant labor organization or some one of the defendant labor organizations.

Laws 1959, c. 231, § 8, p. 809.

For other provisions for actions against labor organizations, see sections 25-313 and 25-530.08 .
Neb. Rev. Stat. § 54-1707 — NE Code / Chapter 54 / Section 54-1707
View Statute 54-1707
Status: in_force

(1) Hearings shall be conducted by the director or by a hearing officer designated by him or her. Provision shall be made to insure that any such hearing officer other than the director shall not have participated in the performance of investigative or prosecuting functions in the case to which he or she is assigned. The hearing shall be conducted in an impartial manner by the hearing officer who may administer oaths, rule upon offers of proof and objections, and take such other action as may be necessary. He or she shall not be bound by formal rules of evidence as observed in courts of law but shall exclude irrelevant, immaterial, or unduly repetitious evidence. The burden of proof and of proceeding with the evidence shall be on the department, and every party shall have the right to compulsory process, to representation by counsel of his or her own choosing, and to cross-examination of and confrontation by witnesses against him or her.

(2) Whenever any hearing is conducted by any person other than the director, the person conducting the same shall render a recommended decision with appropriate proposed findings and orders disposing of all the relevant matters of fact and law involved in the proceeding. Thereafter the case may be remanded to the person or persons who conducted the hearing with such instructions as the director may deem appropriate, or the director himself or herself may perform such function and may conduct a new or supplemental hearing. The director may dispense with a recommended decision and proceed to the rendering of his or her final order thereon with appropriate findings of fact on the basis of the entire record as certified to him or her by the person conducting the hearing. Prior to each recommended and each final decision, the parties shall be afforded an opportunity to submit proposed findings, briefs, and arguments as the director may deem appropriate.

(3) Any person aggrieved by any order entered by the director or other action taken by the department may appeal the order or action, and the appeal shall be in accordance with the Administrative Procedure Act.

Laws 1969, c. 447, § 7, p. 1496;

Laws 1988, LB 352, § 97.

Administrative Procedure Act, see section 84-920 .
Neb. Rev. Stat. § 15-277 — NE Code / Chapter 15 / Section 15-277
View Statute 15-277
Status: in_force

A city of the primary class may establish and fund a commission on the status of women. Such commission shall advise the mayor and city council on the existence of social, economic, and legal barriers affecting women and ways to eliminate such barriers.

Laws 1980, LB 780, § 3.
Neb. Rev. Stat. § 44-6508 — NE Code / Chapter 44 / Section 44-6508
View Statute 44-6508
Status: in_force

(1) An insurance producer shall not sell, solicit, or negotiate a pet insurance product until after the insurance producer is appropriately licensed and has completed the required training as provided in subsection (3) of this section.

(2) A pet insurer shall ensure that its insurance producers are appropriately trained on the coverages and conditions of such insurer's pet insurance products and have received the training required in subsection (3) of this section.

(3) Training required for an insurance producer shall include information on:

(a) Preexisting conditions and waiting periods;

(b) The differences between pet insurance and noninsurance wellness programs;

(c) Hereditary disorders, congenital anomalies or disorders, and chronic conditions, and how pet insurance policies interact with such conditions or disorders; and

(d) Rating, underwriting, renewal, and other related administrative topics.

(4) An insurance producer that has satisfied substantially similar training requirements in another state shall be considered to have satisfied the training requirements in this state.

Laws 2023, LB296, § 8.
Neb. Rev. Stat. § 15-1302 — NE Code / Chapter 15 / Section 15-1302
View Statute 15-1302
Status: in_force

A city which has a community development agency as authorized by law is hereby granted power and authority to:

(1) Do all community development activities;

(2) Do all things necessary to cooperate with the federal government in all matters relating to community development activities as a grantee, or as agent or otherwise; and

(3) Exercise the jurisdiction and authority granted under Chapter 71, article 15, acting independently, concurrently or by assisting or cooperating with any existing housing authority within the territorial jurisdiction of the city.

Laws 1974, LB 825, § 2.
Neb. Rev. Stat. § 3-307 — NE Code / Chapter 3 / Section 3-307
View Statute 3-307
Status: in_force

No airport zoning regulations shall be adopted, amended, or changed under the Airport Zoning Act except by the action of the legislative body of the political subdivision in question, or the joint airport zoning board provided for in section 3-304 , after a public hearing in relation thereto, at which parties in interest and citizens shall have an opportunity to be heard. At least ten days' notice of the hearing shall be published in an official paper, or a paper of general circulation, in the political subdivision or subdivisions in which the airport hazard area is located.

Laws 1945, c. 233, § 5(1), p. 684;

Laws 2013, LB140, § 7.
Neb. Rev. Stat. § 1-164.02 — NE Code / Chapter 1 / Section 1-164.02
View Statute 1-164.02
Status: in_force

Nothing in the Public Accountancy Act or the rules and regulations adopted and promulgated under the act shall be construed to prohibit a person holding a certificate as a certified public accountant from forming a business partnership or limited liability company with a person not holding a certificate or permit.

Laws 1984, LB 473, § 23;

Laws 1993, LB 121, § 59;

Laws 1997, LB 114, § 57;

Laws 2009, LB31, § 36.
Neb. Rev. Stat. § 69-1327 — NE Code / Chapter 69 / Section 69-1327
View Statute 69-1327
Status: in_force

If any provision of sections 69-1301 to 69-1329 or the application thereof to any person or circumstances is held invalid, the invalidity shall not affect other provisions or applications of the act which can be given effect without the invalid provision or application, and to this end the provisions of sections 69-1301 to 69-1329 are severable.

Laws 1969, c. 611, § 27, p. 2490.
Neb. Rev. Stat. § 51-109 — NE Code / Chapter 51 / Section 51-109
View Statute 51-109
Status: in_force

If any person not authorized by the regulations made by the directors shall take a book from the library, either with or without the consent of the librarian, he shall be guilty of a Class V misdemeanor.

Laws 1871, § 15, p. 54;

R.S.1913, § 3788;

C.S.1922, § 3181;

Laws 1929, c. 64, § 3, p. 241;

C.S.1929, § 51-109;

R.S.1943, § 51-109;

Laws 1977, LB 40, § 307.
Neb. Rev. Stat. § 38-2836.01 — NE Code / Chapter 38 / Section 38-2836.01
View Statute 38-2836.01
Status: in_force

Practice agreement means a document signed by a pharmacist and a practitioner with independent prescribing authority, in which the pharmacist agrees to design, implement, and monitor a therapeutic plan based on a written protocol.

Laws 2017, LB166, § 11.
Neb. Rev. Stat. § 37-532 — NE Code / Chapter 37 / Section 37-532
View Statute 37-532
Status: in_force

It shall be unlawful for any person to set any trap in this state unless the trap is marked in accordance with rules and regulations adopted and promulgated by the commission. Violation of this section shall be a Class III misdemeanor.

Laws 1995, LB 274, § 8;

R.S.Supp.,1996, § 37-511.01;

Laws 1998, LB 922, § 252.
Neb. Rev. Stat. § 23-905 — NE Code / Chapter 23 / Section 23-905
View Statute 23-905
Status: in_force

The form of the county budget and the form of the budget document, as required by the County Budget Act of 1937, shall be formulated by the Auditor of Public Accounts and the Attorney General. The Auditor of Public Accounts shall draft the forms and act in an advisory capacity in the preparation of the budget and may authorize the use of computer equipment and processing in the preparation of the budget. He or she shall transmit copies of the forms to the county clerk of each county in the state on or before July 15 of each year. Any hospital established pursuant to section 23-3501 may file its budget on an accrual basis. The budget document form shall include such estimate blanks for the various offices and departments of the county and such other additional forms as the Auditor of Public Accounts or the Attorney General deems necessary in the computation and preparation of the county budget. The expense of printing and transmitting the required copies to the counties by the Auditor of Public Accounts shall be borne by the state and included in the proper appropriation.

Laws 1939, c. 24, § 2, p. 126;

C.S.Supp.,1941, § 26-2104;

R.S.1943, § 23-905;

Laws 1945, c. 45, § 5, p. 214;

Laws 1987, LB 183, § 2;

Laws 1995, LB 366, § 1;

Laws 2000, LB 692, § 5.
Neb. Rev. Stat. § 25-3008 — NE Code / Chapter 25 / Section 25-3008
View Statute 25-3008
Status: in_force

(1) The Commission on Public Advocacy shall establish guidelines for submission of applications for grants to provide civil legal services to eligible low-income persons. To be eligible for a grant under this section, a civil legal services provider shall:

(a) Be a nonprofit organization chartered in Nebraska;

(b) Employ or contract with attorneys admitted to practice before the Nebraska Supreme Court and the United States District Courts;

(c) Have offices located throughout the state;

(d) Have as its principal purpose and mission the delivery of civil legal services to eligible low-income persons who are residents of Nebraska;

(e) Distribute its resources equitably throughout the state;

(f) Be a recipient of financial assistance for the delivery of civil legal services from the Legal Services Corporation established by the federal Legal Services Corporation Act, 42 U.S.C. 2996 et seq.; and

(g) Certify that any grant funds received pursuant to this section will be used to supplement any existing funds used by the applicant and that such funds will not replace other funds appropriated or awarded by a state agency to provide civil legal services to any eligible low-income person.

(2) A civil legal services provider seeking a grant under this section shall file an application with the commission on forms provided by the commission. The application shall include a place for the provider to certify to the commission that it will provide free civil legal services to eligible low-income persons upon receipt of a grant under this section.

(3) The commission shall review the applications and determine which civil legal services providers shall receive grants under this section and the amount of the grants. Grant recipients shall use the grant funds to provide free civil legal services to eligible low-income persons.

(4) An independent certified public accountant shall annually audit the books and accounts of each grant recipient. The grant recipients shall provide the results of such audit to the commission.

Laws 2006, LB 746, § 4;

Laws 2009, LB35, § 17.
Neb. Rev. Stat. § 70-621 — NE Code / Chapter 70 / Section 70-621
View Statute 70-621
Status: in_force

The board of directors may adopt rules and regulations, or bylaws not inconsistent with the provisions of Chapter 70, article 6, for the conduct of the business and affairs of the district.

Laws 1933, c. 86, § 5, p. 345;

C.S.Supp.,1941, § 70-705;

Laws 1943, c. 146, § 2(1), p. 519;

R.S.1943, § 70-621;

Laws 1944, Spec. Sess., c. 5, § 1(4), p. 106;

Laws 1981, LB 181, § 15.
Neb. Rev. Stat. § 25-1651 — NE Code / Chapter 25 / Section 25-1651
25-1651
Status: in_force

On the trial of any suit in which a county or any other municipal corporation is a party, the inhabitants and taxpayers of such county or municipal corporation shall be qualified to serve as jurors if otherwise qualified according to law.

Laws 1877, § 1, p. 16;

R.S.1913, § 8136;

C.S.1922, § 9072;

C.S.1929, § 20-1602;

R.S.1943, (2016), § 25-1602;

Laws 2020, LB387, § 8.

Interest as taxpayer may disqualify where he testifies such interest would influence verdict. Omaha v. Cane, 15 Neb. 657, 20 N.W. 101 (1884).

Interest as taxpayer may disqualify where he testifies such interest would influence verdict. Omaha v. Cane, 15 Neb. 657, 20 N.W. 101 (1884).

Ordinarily interest as taxpayer does not disqualify. Omaha v. Olmstead, 5 Neb. 446 (1877).

Ordinarily interest as taxpayer does not disqualify. Omaha v. Olmstead, 5 Neb. 446 (1877).
Neb. Rev. Stat. § 29-1708 — NE Code / Chapter 29 / Section 29-1708
View Statute 29-1708
Status: in_force

All recognizances taken during vacation of any court, by any judge or other officer thereof authorized to take them, shall be signed by the parties and certified to by the officer taking the same.

G.S.1873, c. 58, § 433, p. 820;

R.S.1913, § 9077;

C.S.1922, § 10101;

C.S.1929, § 29-1708;

R.S.1943, § 29-1708.
Neb. Rev. Stat. § 30-3128 — NE Code / Chapter 30 / Section 30-3128
View Statute 30-3128
Status: in_force

A trustee shall allocate to income an amount received as a distribution of income from a trust or an estate in which the trust has an interest other than a purchased interest, and shall allocate to principal an amount received as a distribution of principal from such a trust or estate. If a trustee purchases an interest in a trust that is an investment entity, or a decedent or donor transfers an interest in such a trust to a trustee, section 30-3127 or 30-3141 applies to a receipt from the trust.

Laws 2001, LB 56, § 13.
Neb. Rev. Stat. § 19-5404 — NE Code / Chapter 19 / Section 19-5404
View Statute 19-5404
Status: in_force

For purposes of the Vacant Property Registration Act:

(1) Evidence of vacancy means any condition or circumstance that on its own or in combination with other conditions or circumstances would lead a reasonable person to believe that a residential building or commercial building is vacant. Such conditions or circumstances may include, but are not limited to:

(a) Overgrown or dead vegetation, including grass, shrubbery, and other plantings;

(b) An accumulation of abandoned personal property, trash, or other waste;

(c) Visible deterioration or lack of maintenance of any building or structure on the property;

(d) Graffiti or other defacement of any building or structure on the property; or

(e) Any other condition or circumstance reasonably indicating that the property is not occupied for residential purposes or being used for the operation of a lawful business;

(2) Municipality means a city of the first class, city of the second class, or village;

(3) Owner means the person or persons shown to be the owner or owners of record on the records of the register of deeds;

(4) Residential building means a house, a condominium, a townhouse, an apartment unit or building, or a trailer house; and

(5) Vacant means that a residential building or commercial building exhibits evidence of vacancy.

Laws 2018, LB256, § 4.