FrankGoortani/open-us-law huggingface dataset:
Neb. Rev. Stat. § 29-1209 — NE Code / Chapter 29 / Section 29-1209
View Statute 29-1209
Status: in_force

Failure of the defendant to move for discharge prior to trial or entry of a plea of guilty or nolo contendere shall constitute a waiver of the right to speedy trial.

Laws 1971, LB 436, § 5.

A defendant waives any objection on the basis of a violation of the right to a speedy trial when he or she does not file a motion to discharge before trial begins. State v. Dockery, 273 Neb. 330, 729 N.W.2d 320 (2007).

A defendant waives any objection on the basis of a violation of the right to a speedy trial when he or she does not file a motion to discharge before trial begins. State v. Dockery, 273 Neb. 330, 729 N.W.2d 320 (2007).

It is incumbent upon defendant and his counsel to file a timely motion for discharge in order to avoid the waiver provided for by this section. State v. Kearns, 245 Neb. 728, 514 N.W.2d 844 (1994).

It is incumbent upon defendant and his counsel to file a timely motion for discharge in order to avoid the waiver provided for by this section. State v. Kearns, 245 Neb. 728, 514 N.W.2d 844 (1994).

As long as a defendant was properly advised of his rights, by either counsel or the court, by knowingly, intelligently, and voluntarily pleading guilty, the defendant waives his statutory right to a speedy trial. State v. McNitt, 216 Neb. 837, 346 N.W.2d 259 (1984).

As long as a defendant was properly advised of his rights, by either counsel or the court, by knowingly, intelligently, and voluntarily pleading guilty, the defendant waives his statutory right to a speedy trial. State v. McNitt, 216 Neb. 837, 346 N.W.2d 259 (1984).

It was not the duty of the trial court to suggest to the defendant or his counsel that he file a motion for discharge. State v. Hert, 192 Neb. 751, 224 N.W.2d 188 (1974).

It was not the duty of the trial court to suggest to the defendant or his counsel that he file a motion for discharge. State v. Hert, 192 Neb. 751, 224 N.W.2d 188 (1974).

A writ of habeas corpus would not issue to permit collateral attack on a sentence for first degree sexual assault and first degree false imprisonment based on an alleged speedy trial violation that the prisoner waived by failing to file a motion for discharge. Jones v. Nebraska Dept. of Corr. Servs., 21 Neb. App. 206, 838 N.W.2d 51 (2013).

A writ of habeas corpus would not issue to permit collateral attack on a sentence for first degree sexual assault and first degree false imprisonment based on an alleged speedy trial violation that the prisoner waived by failing to file a motion for discharge. Jones v. Nebraska Dept. of Corr. Servs., 21 Neb. App. 206, 838 N.W.2d 51 (2013).
Neb. Rev. Stat. § 71-1944 — NE Code / Chapter 71 / Section 71-1944
View Statute 71-1944
Status: in_force

(1) Within fifteen days after the mailing of a notice under section 71-1943 , an applicant or licensee shall notify the department in writing that the applicant or licensee:

(a) Desires to contest the notice and requests a hearing; or

(b) Does not contest the notice.

(2) If the department does not receive notification within the fifteen-day period, the action of the department shall be final.

Laws 2013, LB265, § 21.
Neb. Rev. Stat. § 54-310 — NE Code / Chapter 54 / Section 54-310
View Statute 54-310
Status: in_force

The county boards of the several counties may offer and pay rewards for the detection of those violating sections 54-301 to 54-309 .

Laws 1879, § 9, p. 70;

R.S.1913, § 104;

C.S.1922, § 112;

C.S.1929, § 54-309;

R.S.1943, § 54-310.
Neb. Rev. Stat. § 43-2515 — NE Code / Chapter 43 / Section 43-2515
View Statute 43-2515
Status: in_force

For years 1993 through 2015, on or before October 1, the Department of Health and Human Services and the State Department of Education shall jointly certify to the budget administrator of the budget division of the Department of Administrative Services the amount of federal medicaid funds paid to school districts pursuant to the Early Intervention Act for special education services for children five years of age and older for the immediately preceding fiscal year. The General Fund appropriation to the State Department of Education for state special education aid for the then-current fiscal year shall be decreased by an amount equal to the amount that would have been reimbursed with state general funds to the school districts through the special education reimbursement process for special education services for children five years of age and older that was paid to school districts or approved cooperatives with federal medicaid funds.

For fiscal years through fiscal year 2015-16, it is the intent of the Legislature that an amount equal to the amount that would have been reimbursed with state general funds to the school districts, certified to the budget administrator, be appropriated from the General Fund to aid in carrying out the provisions of the Early Intervention Act and other related early intervention services.

For 2015 and each year thereafter, on or before December 1, the Department of Health and Human Services and the State Department of Education shall jointly certify to the budget administrator of the budget division of the Department of Administrative Services the aggregate amount to be included in the local system formula resources pursuant to subdivision (15) of section 79-1018.01 for all local systems for aid to be calculated pursuant to the Tax Equity and Educational Opportunities Support Act for the next school fiscal year.

For fiscal year 2016-17 and each fiscal year thereafter, it is the intent of the Legislature that, in addition to other state and federal funds used to carry out the Early Intervention Act, funds equal to the lesser of the amount certified to the budget administrator or the amount appropriated or transferred for such purposes pursuant to this section for the immediately preceding fiscal year increased by five percent be appropriated from the General Fund to aid in carrying out the provisions of the Early Intervention Act and other related early intervention services.

Laws 1993, LB 520, § 20;

Laws 1996, LB 1044, § 218;

Laws 1998, Spec. Sess., LB 1, § 4;

Laws 2007, LB296, § 147;

Laws 2014, LB276, § 3;

Laws 2016, LB1067, § 6.

Tax Equity and Educational Opportunities Support Act, see section 79-1001 .
Neb. Rev. Stat. § 46-109 — NE Code / Chapter 46 / Section 46-109
View Statute 46-109
Status: in_force

(1) Except as otherwise provided in subsections (2) and (3) of this section, the county board shall make an order dividing the irrigation district into three divisions as nearly equal in size as may be practicable, which shall be numbered first, second, and third, and one director shall be elected for each division.

(2) After formation of an irrigation district, in districts comprising over twenty-five thousand acres, the electors thereof may determine by a majority vote to increase the number of directors in any multiple of three up to nine, whereupon the district may be divided into as many divisions as there are directors agreed upon. One-third of the number of directors so elected shall retire each year, and the order of their retirement may be agreed upon by the directors of the district, and successors shall be elected in the manner provided for the election of directors in other districts. The election for the increased number of directors shall be called upon a petition signed by twenty percent of the electors of the district presented to the then board of directors.

(3) After formation of an irrigation district, in districts comprising less than fifteen thousand acres, upon the majority vote of the board of directors, the question of whether the divisions in the irrigation district may be eliminated and the subsequent election of the directors conducted on an at-large basis may be submitted to the electors. The divisions in the district shall be eliminated and the directors elected on an at-large basis only upon the affirmative vote of two-thirds of the electors of the district.

Laws 1895, c. 70, § 2, p. 271;

Laws 1903, c. 121, § 1, p. 617;

Laws 1909, c. 155, § 1, p. 560;

R.S.1913, § 3458;

Laws 1917, c. 81, § 1, p. 192;

C.S.1922, § 2858;

C.S.1929, § 46-102;

Laws 1933, c. 87, § 1, p. 357;

C.S.Supp.,1941, § 46-102;

R.S.1943, § 46-109;

Laws 1972, LB 1509, § 1;

Laws 2015, LB561, § 3.
Neb. Rev. Stat. § 37-1711 — NE Code / Chapter 37 / Section 37-1711
View Statute 37-1711
Status: in_force

Preconstruction services means all nonconstruction-related services that a construction manager performs in relation to the design of the project before execution of a contract for construction services. Preconstruction services includes, but is not limited to, cost estimating, value engineering studies, constructability reviews, delivery schedule assessments, and life-cycle analysis.

Laws 2018, LB775, § 12.
Neb. Rev. Stat. § 45-913 — NE Code / Chapter 45 / Section 45-913
View Statute 45-913
Status: in_force

A license issued pursuant to the Delayed Deposit Services Licensing Act shall not be transferable or assignable.

Laws 1994, LB 967, § 13.
Neb. Rev. Stat. § 3-219 — NE Code / Chapter 3 / Section 3-219
View Statute 3-219
Status: in_force

The power herein granted to a municipality to establish and maintain airports shall include the power to establish and maintain such airports in, over and upon any public waters of this state within the limits or jurisdiction of or bordering on the municipality, any submerged land under such public waters, and any artificial or reclaimed land which before the artificial making or reclamation thereof constituted a portion of the submerged land under such public waters, and as well the power to construct and maintain terminal buildings, landing floats, causeways, roadways and bridges for approaches to or connecting with the airport, and landing floats and breakwaters for the protection of any such airport.

Laws 1945, c. 34, § 10(1), p. 164.
Neb. Rev. Stat. § 18-505 — NE Code / Chapter 18 / Section 18-505
View Statute 18-505
Status: in_force

For the purpose of providing for a sewage disposal plant and sewerage system, or improving or extending such existing system, any city or village may also enter into a contract with any corporation organized under or authorized by the laws of this state to engage in such business, to receive and treat in the manner provided in sections 18-501 to 18-510 , the sewage of such system, and to construct, and provide the facilities and services as provided in section 18-501 . Such contract may also authorize the corporation to charge the owners of the premises served such a service rate therefor as the governing body of such city or village may determine to be just and reasonable, or the city or village may contract to pay such corporation a flat rate for such service, and pay therefor out of its general fund or the proceeds of any tax levy applicable to the purposes of such contract, or assess the owners of the property served a reasonable charge for such service to be collected as provided in section 18-503 and paid into a fund to be used to defray such contract charges.

Laws 1933, c. 146, § 5, p. 562;

Laws 1937, c. 41, § 3, p. 181;

C.S.Supp.,1941, § 18-1405;

R.S.1943, § 18-505;

Laws 2021, LB163, § 34.
Neb. Rev. Stat. § 44-7006 — NE Code / Chapter 44 / Section 44-7006
View Statute 44-7006
Status: in_force

(1) A health carrier shall:

(a) Establish written policies and procedures for credentialing verification of all health care professionals with whom the health carrier contracts and apply these standards consistently;

(b) Verify the credentials of a health care professional before entering into a contract with that health care professional. The medical director of the health carrier or other designated health care professional shall have responsibility for, and shall participate in, credentialing verification;

(c) Establish a credentialing verification committee consisting of licensed physicians and other health care professionals to review credentialing verification information and supporting documents and make decisions regarding credentialing verification;

(d) Make available for review by the applying health care professional upon written request all application and credentialing verification policies and procedures;

(e) Retain all records and documents relating to a health care professional's credentialing verification process for at least five years; and

(f) Keep confidential all information obtained in the credentialing verification process except as otherwise provided by law.

(2) Nothing in the Health Care Professional Credentialing Verification Act shall be construed to require a health carrier to select a provider as a participating provider solely because the provider meets the health carrier's credentialing verification standards or to prevent a health carrier from utilizing separate or additional criteria in selecting the health care professionals with whom it contracts.

(3) The policies and procedures for credentialing verification shall be available for review by the director, and, in the case of a health maintenance organization, shall also be available for review by the chief medical officer, if one is appointed pursuant to section 81-3115 , and if not, then the Director of Public Health.

Laws 1998, LB 1162, § 31;

Laws 2007, LB296, § 198.
Neb. Rev. Stat. § 66-1864 — NE Code / Chapter 66 / Section 66-1864
View Statute 66-1864
Status: in_force

All books, records, vouchers, papers, contracts, engineering designs, and any other data of the metropolitan utilities district relating to the public interest of an extension or enlargement of natural gas mains or natural gas services or relating to natural gas service areas, whether in written or electronic form, shall be open and made available for public inspection, investigation, comment, or protest upon reasonable request during business hours, except that such books, records, vouchers, papers, contracts, designs, and other data shall be subject to section 84-712.05 . Any books, records, vouchers, papers, contracts, designs, or other data not made available to the metropolitan utilities district or jurisdictional utility with regard to a proceeding before the commission regarding matters arising pursuant to sections 66-1858 to 66-1864 shall not be considered by the commission in determining whether an enlargement or extension is in the public interest.

Laws 1999, LB 78, § 8;

R.S.1943, (2004), § 57-1307;

Laws 2006, LB 1249, § 11.
Neb. Rev. Stat. § 41-205 — NE Code / Chapter 41 / Section 41-205
View Statute 41-205
Status: in_force

Boarding house shall mean every building or other structure kept, used, maintained, advertised, or held out to the public to be a place where sleeping and other accommodations are furnished for pay to transient or permanent guests in which five or more rooms are used for the accommodation of such guests, which maintains a dining room, cafe, or common kitchen for the use of the guests in connection therewith, and in which social or domestic services may be provided at the request of the guest to assist such guest in daily living activities, and which has not been designated as a hotel, restaurant, or cafe.

Laws 1982, LB 547, § 5.
Neb. Rev. Stat. § 38-315 — NE Code / Chapter 38 / Section 38-315
View Statute 38-315
Status: in_force

(1)(a) The practical training supervisor for supervised practical training required under section 38-314 shall hold one of the following credentials:

(i) Licensure as an alcohol and drug counselor;

(ii) If the practical training is acquired outside of Nebraska, a reciprocity level alcohol and drug counselor credential issued by a member jurisdiction of the International Certification and Reciprocity Consortium, Alcohol and Other Drug Abuse, Inc., or its successor; or

(iii) Licensure as a physician or psychologist under the Uniform Credentialing Act, or an equivalent credential from another jurisdiction, and sufficient training as determined by the Board of Medicine and Surgery for physicians or the Board of Psychologists for psychologists, in consultation with the Board of Alcohol and Drug Counseling, and adopted and promulgated by the department in rules and regulations.

(b) The practical training supervisor shall not be a family member.

(c) The credential requirement of this subsection applies to the work setting supervisor and not to a practicum coordinator or instructor of a postsecondary educational institution.

(2) The practical training supervisor shall assume responsibility for the performance of the individual in training and shall be onsite at the work setting when core function activities are performed by the individual in training. A minimum of one hour of evaluative face-to-face supervision for each ten hours of core function performance shall be documented. Supervisory methods shall include, as a minimum, individual supervisory sessions, formal case staffings, and conjoint, cotherapy sessions. Supervision shall be directed towards teaching the knowledge and skills of professional alcohol and drug counseling.

Laws 2004, LB 1083, § 120;

Laws 2005, LB 551, § 1;

R.S.Supp.,2006, § 71-1,356;

Laws 2007, LB463, § 166.
Neb. Rev. Stat. § 2-1819 — NE Code / Chapter 2 / Section 2-1819
View Statute 2-1819
Status: in_force

The director may promulgate rules and regulations necessary to carry out the provisions, purposes, and intent of sections 2-1813 to 2-1825 ; and is authorized to cooperate with the United States Department of Agriculture, the University of Nebraska Institute of Agriculture and Natural Resources, and other public or private agencies or groups and to enter into agreements with the same in carrying out the provisions of sections 2-1813 to 2-1825 .

Laws 1969, c. 20, § 11, p. 190.
Neb. Rev. Stat. § 13-2707.01 — NE Code / Chapter 13 / Section 13-2707.01
View Statute 13-2707.01
Status: in_force

The department shall evaluate all applications for grants of assistance under section 13-2704.02 based on the following criteria:

(1) Financial Support. Assistance from the fund shall be matched at least equally from local sources. At least fifty percent of the local match must be in cash. Projects with a higher level of local matching funds shall be preferred as compared to those with a lower level of matching funds; and

(2) Project Location. Assistance from the fund shall be for engineering and technical studies related to projects that will be located in the municipality that applies for the grant or, for any city of the first class, city of the second class, or village, in the municipality's extraterritorial zoning jurisdiction. This subdivision shall not apply to any application submitted by a tribal government.

Laws 2013, LB153, § 9;

Laws 2019, LB564, § 7;

Laws 2022, LB800, § 5.
Neb. Rev. Stat. § 18-805 — NE Code / Chapter 18 / Section 18-805
View Statute 18-805
Status: in_force

(1) Nothing in the Regional Metropolitan Transit Authority Act shall be construed to prohibit any municipality from contracting directly for passenger transportation services with a transit authority established under the Transit Authority Law or with any regional metropolitan transit authority, other than a municipality in which the operating jurisdiction of a regional metropolitan transit authority has been extended pursuant to section 18-804 .

(2) No more than one regional metropolitan transit authority shall be created within a single metropolitan statistical area or combined statistical area.

Laws 2019, LB492, § 5.

Transit Authority Law, see section 14-1826 .
Neb. Rev. Stat. § 18-633 — NE Code / Chapter 18 / Section 18-633
View Statute 18-633
Status: in_force

When any viaduct or subway construction project has been agreed to or when the division of costs has been otherwise finally determined and when such proposal has been approved by a vote as provided in sections 18-617 to 18-636 , the railroad company or companies affected shall within ten days' notice or demand deposit with the city treasurer or village treasurer the amount of its proportionate share. The district court is hereby given jurisdiction upon the application of the governing body of the city or village to compel such deposit by mandamus together with such penalties as may be found and deemed reasonable by the court.

Laws 1949, c. 28, § 15, p. 109;

Laws 2021, LB163, § 63.
Neb. Rev. Stat. § 38-411 — NE Code / Chapter 71 / Section 38-411
38-411
Status: in_force

(1) An applicant for licensure as an athletic trainer shall at the time of application provide proof to the department that the applicant meets one or more of the following qualifications:

(a) For any person who graduated prior to January 1, 2004:

(i) Graduation after successful completion of the curriculum requirements of an accredited athletic training education program at an accredited college or university approved by the board; or

(ii) Graduation with a four-year degree from an accredited college or university and completion of at least two consecutive years, military duty excepted, as an athletic training student under the supervision of an athletic trainer approved by the board; and

(b) For any person who graduated after January 1, 2004, graduation after successful completion of the curriculum requirements of an accredited athletic training education program at an accredited college or university approved by the board.

(2) In order to be licensed as an athletic trainer, an applicant shall, in addition to the requirements of subsection (1) of this section, successfully complete an examination approved by the board.

Laws 1986, LB 355, § 4;

R.S.1943, (2003), § 71-1,241;

Laws 2007, LB463, § 183;

Laws 2022, LB436, § 10.

Credentialing, general requirements and issuance procedures, see section 38-121 et seq.
Neb. Rev. Stat. § 60-143 — NE Code / Chapter 60 / Section 60-143
View Statute 60-143
Status: in_force

An owner of a vehicle with a modification or deviation from the original specifications may be permitted to apply for a certificate of title under sections 60-142.01 to 60-142.03 if such modification or deviation is of historic nature and essentially the same in design and material to that originally supplied by the manufacturer for vehicles of that era or if the modification or deviation could be considered to be in the category of safety features. Safety-related modifications include hydraulic brakes, sealed-beam headlights, and occupant protection systems as defined in section 60-6,265 . A modification or deviation involving accessories shall be limited to those accessories available in the era to which the vehicle belongs.

Laws 2005, LB 276, § 43;

Laws 2006, LB 663, § 12.
Neb. Rev. Stat. § 54-2916 — NE Code / Chapter 54 / Section 54-2916
View Statute 54-2916
Status: in_force

Exposed means an animal, herd, flock, or premises which has come into contact with a disease agent which affects livestock.

Laws 2020, LB344, § 16.
Neb. Rev. Stat. § 44-396 — NE Code / Chapter 44 / Section 44-396
View Statute 44-396
Status: in_force

No person shall be excused from testifying, or from producing any books, papers, contracts, agreements or documents at the trial or hearing of any person or company charged with violating any provisions of this chapter, on the ground that such testimony or evidence may tend to incriminate himself, but no person shall be prosecuted for any act concerning which he shall be compelled so as to testify or produce evidence, documentary or otherwise, except for perjury committed in so testifying.

Laws 1913, c. 154, § 152, p. 471;

R.S.1913, § 3289;

Laws 1919, c. 190, tit. V, art. XI, § 17, p. 653;

C.S.1922, § 7896;

C.S.1929, § 44-1117;

R.S.1943, § 44-396.
Neb. Rev. Stat. § 41-204 — NE Code / Chapter 41 / Section 41-204
View Statute 41-204
Status: in_force

Rooming house shall mean every building or other structure kept, used, maintained, advertised, or held out to the public to be a place where sleeping accommodations are furnished for pay to transient or permanent guests in which five or more rooms are used for the accommodation of such guests, but which does not maintain dining rooms or cafes in connection therewith, and which has not been designated as a hotel or boarding house.

Laws 1982, LB 547, § 4.