FrankGoortani/open-us-law huggingface dataset:
Neb. Rev. Stat. § 29-1904 — NE Code / Chapter 29 / Section 29-1904
View Statute 29-1904
Status: in_force

Where any issue of fact is joined on any indictment, and any material witness for the defendant resides out of the state, or, residing within the state, is sick or infirm or is about to leave the state, such defendant may apply in writing to the court in term time, or the judge thereof in vacation, for a commission to examine such witness upon interrogatories thereto annexed, and such court or judge may grant the same, and order what and for how long a time notice shall be given the prosecuting attorney before the witness shall be examined.

G.S.1873, c. 58, § 462, p. 825;

R.S.1913, § 9102;

C.S.1922, § 10127;

C.S.1929, § 29-1904;

R.S.1943, § 29-1904.

Uniform Act to Secure the Attendance of Witnesses from Without a State in Criminal Proceedings, see section 29-1911 .

This section does not provide for the taking of depositions at county expense in advance of the trial. State v. Kuehn, 273 Neb. 219, 728 N.W.2d 589 (2007).

This section does not provide for the taking of depositions at county expense in advance of the trial. State v. Kuehn, 273 Neb. 219, 728 N.W.2d 589 (2007).

It was not necessary to analyze this section to dispose of claim that trial court erred in refusing permission to take deposition of inmates of penal institution. Rains v. State, 173 Neb. 586, 114 N.W.2d 399 (1962).

It was not necessary to analyze this section to dispose of claim that trial court erred in refusing permission to take deposition of inmates of penal institution. Rains v. State, 173 Neb. 586, 114 N.W.2d 399 (1962).

Taking of depositions at county expense in advance of trial is not authorized. Vore v. State, 158 Neb. 222, 63 N.W.2d 141 (1954).

Taking of depositions at county expense in advance of trial is not authorized. Vore v. State, 158 Neb. 222, 63 N.W.2d 141 (1954).

Defendant was entitled to continuance to take deposition out of the state where timely application was made. Dolen v. State, 148 Neb. 317, 27 N.W.2d 264 (1947).

Defendant was entitled to continuance to take deposition out of the state where timely application was made. Dolen v. State, 148 Neb. 317, 27 N.W.2d 264 (1947).

On admission by state that proposed witness would testify as stated in affidavit, court may refuse continuance. Fanton v. State, 50 Neb. 351, 69 N.W. 953 (1897); Burris v. Court, 48 Neb. 179, 66 N.W. 1131 (1896).

On admission by state that proposed witness would testify as stated in affidavit, court may refuse continuance. Fanton v. State, 50 Neb. 351, 69 N.W. 953 (1897); Burris v. Court, 48 Neb. 179, 66 N.W. 1131 (1896).

Correctness of ruling in suppressing deposition, not excepted to, cannot be questioned on error. Clough v. State, 7 Neb. 320 (1878).

Correctness of ruling in suppressing deposition, not excepted to, cannot be questioned on error. Clough v. State, 7 Neb. 320 (1878).
Neb. Rev. Stat. § 43-149 — NE Code / Chapter 43 / Section 43-149
View Statute 43-149
Status: in_force

As used in sections 43-147 to 43-154 , unless the context otherwise requires:

(1) Adoption assistance state shall mean the state that is signatory to an adoption assistance agreement in a particular case;

(2) Department shall mean the Department of Health and Human Services; and

(3) State shall mean a state of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, the Commonwealth of the Northern Mariana Islands, or a territory or possession of or administered by the United States.

Laws 1985, LB 447, § 3;

Laws 1996, LB 1044, § 121.
Neb. Rev. Stat. § 44-2001 — NE Code / Chapter 44 / Section 44-2001
View Statute 44-2001
Status: in_force

The purpose of the Unauthorized Insurers Act is to subject certain insurers to the jurisdiction of the Department of Insurance and the courts of this state in administrative proceedings and in suits by or on behalf of the state. The Legislature declares that it is concerned with the protection of residents of this state against acts by insurers not authorized to do an insurance business in this state, by the maintenance of fair and honest insurance markets, by protecting authorized insurers which are subject to regulation from unfair competition by unauthorized insurers, and by protecting against the evasion of the insurance regulatory laws of this state. In furtherance of such state interest, the Legislature exercises its powers to protect residents of this state and to define what constitutes transacting an insurance business in this state and also exercises powers and privileges available to this state by virtue of Public Law 79-15, 79th Congress of the United States, Chapter 20, 1st Session, S. 340, 59 Stat. 33; 15 U.S.C. 1011 to 1015 inclusive, as amended, which declares that the business of insurance and every person engaged therein shall be subject to the laws of the several states.

Laws 1969, c. 351, § 1, p. 1222;

Laws 1983, LB 447, § 64;

Laws 1995, LB 162, § 3.
Neb. Rev. Stat. § 38-204.02 — NE Code / Chapter 38 / Section 38-204.02
View Statute 38-204.02
Status: in_force

Postnatal care means an office visit to an advanced practice registered nurse occurring after birth, with reference to the infant or mother.

Laws 2022, LB905, § 4.
Neb. Rev. Stat. § 23-3516 — NE Code / Chapter 23 / Section 23-3516
23-3516
Status: in_force

(1) Whenever two or more counties establish a facility or facilities as provided by section 23-3515 , the county board of each such county shall proceed immediately to appoint three members to serve on the board of trustees of such facility or facilities. When such board is first established, each county board shall appoint one member for a term of two years, one for four years, and one for six years from the date they are appointed. Thereafter, as their terms expire, members shall be appointed for a term of six years.

(2) Whenever the board would consist of an even number of members, one additional member shall be appointed for a term of six years by the county board of the county having the greatest population as disclosed by the latest United States census.

(3) The board of trustees provided for in this section shall have the same powers, duties, obligations, and authority provided in sections 23-3502 to 23-3509 .

Laws 1957, c. 64, § 4, p. 286;

Laws 1961, c. 88, § 2, p. 308;

Laws 1963, c. 114, § 14, p. 455;

Laws 1967, c. 121, § 14, p. 393;

Laws 1987, LB 134, § 5;

R.S.1943, (1987), § 23-343.16;

Laws 1992, LB 1240, § 21.
Neb. Rev. Stat. § 31-791 — NE Code / Chapter 31 / Section 31-791
View Statute 31-791
Status: in_force

The form of the official ballot at a recall election conducted pursuant to section 31-790 shall conform to the requirements of this section. With respect to each trustee whose removal is sought, the question shall be submitted: Shall (name of trustee) be removed from the office of trustee? Immediately following each such question there shall be printed on the ballot the two responses: Yes and No. Immediately to the left of each response shall be placed a square or oval in which the voters qualified to vote for the trustee in a regular election may vote for one of the responses by making a cross or other clear, identifiable mark. The name of the trustee which shall appear on the ballot shall be the name of the trustee that appeared on the ballot of the previous election that included his or her name.

Laws 1997, LB 874, § 6;

Laws 2002, LB 176, § 8.
Neb. Rev. Stat. § 18-2127 — NE Code / Chapter 19 / Section 18-2127
18-2127
Status: in_force

The bonds may be sold by the authority in such manner and for such price as the authority may determine, at par or above par, at private sale or at public sale after notice published prior to such sale in a legal newspaper having general circulation in the municipality, or in such other medium of publication as the authority may deem appropriate, or may be exchanged by the authority for other bonds issued by it under the Community Development Law. Bonds which are issued under this section may be sold by the authority to the federal government at private sale at par or above par, and, in the event that less than all of the authorized principal amount of such bonds is sold by the authority to the federal government, the balance or any portion of the balance may be sold by the authority at private sale at par or above par.

Laws 1951, c. 224, § 10(4), p. 812;

R.R.S.1943, § 14-1627;

R.R.S.1943, § 19-2627;

Laws 1979, LB 158, § 7;

Laws 2018, LB874, § 22.
Neb. Rev. Stat. § 44-5811 — NE Code / Chapter 44 / Section 44-5811
View Statute 44-5811
Status: in_force

Any policies, contracts, certificates, booklets, termination notices, or other written communications delivered by the insurer to the third-party administrator for delivery to policyholders, contract holders, certificate holders, or subscribers shall be delivered by the third-party administrator promptly after receipt of instructions from the insurer to deliver them.

Laws 1992, LB 1006, § 86.
Neb. Rev. Stat. § 23-2315 — NE Code / Chapter 23 / Section 23-2315
View Statute 23-2315
Status: in_force

(1) Upon filing an application for benefits with the board, an employee may elect to retire at any time after attaining the age of fifty-five or an employee may retire as a result of disability at any age.

(2) The member shall specify in the application for benefits the manner in which he or she wishes to receive the retirement benefit under the options provided by the County Employees Retirement Act. Payment under the application for benefits shall be made (a) for annuities, no sooner than the annuity start date, and (b) for other distributions, no sooner than the date of final account value.

(3) Payment of any benefit provided under the retirement system shall not be deferred later than the required beginning date.

(4) The board shall make reasonable efforts to locate the member or the member's beneficiary and distribute benefits by the required beginning date. If the board is unable to make such a distribution, the benefit shall be distributed pursuant to the Uniform Disposition of Unclaimed Property Act and no amounts may be applied to increase the benefits any member would otherwise receive under the County Employees Retirement Act.

(5) A participant or beneficiary who would have been required to receive required minimum distributions for 2009 but for the enactment of section 401(a)(9)(H) of the Internal Revenue Code, and who would have satisfied that requirement by receiving distributions that are either equal to the 2009 required minimum distributions or one or more payments in a series of substantially equal distributions, including the 2009 required minimum distribution, made at least annually and expected to last for the life or life expectancy of the participant, the joint lives or joint life expectancy of the participant and the participant's designated beneficiary, or for a period of at least ten years, shall receive those distributions for 2009 unless the participant or beneficiary chooses not to receive such distributions. Participants and beneficiaries shall be given the opportunity to elect to stop receiving the distributions described in this subsection.

Laws 1965, c. 94, § 15, p. 407;

Laws 1975, LB 47, § 2;

Laws 1979, LB 391, § 1;

Laws 1982, LB 287, § 1;

Laws 1986, LB 311, § 5;

Laws 1987, LB 60, § 1;

Laws 1987, LB 296, § 1;

Laws 1994, LB 833, § 7;

Laws 1996, LB 1076, § 3;

Laws 2003, LB 451, § 6;

Laws 2009, LB188, § 3;

Laws 2013, LB263, § 6;

Laws 2020, LB1054, § 2.

Uniform Disposition of Unclaimed Property Act, see section 69-1329 .
Neb. Rev. Stat. § 9-632 — NE Code / Chapter 9 / Section 9-632
View Statute 9-632
Status: in_force

(1) No individual, sole proprietorship, partnership, limited liability company, or corporation shall manufacture, sell, print, or distribute lottery equipment or supplies for use or play in this state without having first been issued a manufacturer-distributor license by the department.

(2) The department shall charge a biennial license fee of one thousand five hundred twenty-five dollars for the issuance or renewal of a manufacturer-distributor license. The department shall remit the proceeds from such license fees to the State Treasurer for credit to the Charitable Gaming Operations Fund. All manufacturer-distributor licenses may be renewed biennially. The biennial expiration date shall be September 30 of every odd-numbered year or such other date as the department may prescribe by rule and regulation. An application for license renewal shall be submitted to the department at least forty-five days prior to the expiration date of the license.

(3) An applicant for issuance or renewal of a manufacturer-distributor license shall apply for a license on a form prescribed by the department. The application form shall include:

(a) The name and address of the applicant and the name and address of each of its separate locations manufacturing or distributing lottery equipment or supplies;

(b) The name and home address of all owners or members of the manufacturer-distributor business if the business is not a corporation. If the business is a corporation, the name and home address of each of the officers and directors of the corporation and of each stockholder owning ten percent or more of any class of stock in the corporation shall be supplied;

(c) If the applicant is an individual, the applicant's social security number;

(d) If the applicant is a foreign manufacturer-distributor, the full name, business address, and home address of the agent who is a resident of this state designated pursuant to section 9-633 ; and

(e) Such other information as the department deems necessary.

(4) The applicant shall notify the department within thirty days of any change in the information submitted on or with the application form. The applicant shall comply with all applicable laws of the United States and the State of Nebraska and all applicable rules and regulations of the department.

(5) Any person licensed as a manufacturer pursuant to section 9-255.09 or 9-332 or as a distributor pursuant to section 9-255.07 or 9-330 may act as a manufacturer-distributor pursuant to this section upon the filing of the proper application form and payment of a biennial license fee of one thousand five hundred twenty-five dollars.

Laws 1989, LB 767, § 72;

Laws 1991, LB 427, § 60;

Laws 1993, LB 121, § 117;

Laws 1993, LB 563, § 11;

Laws 1994, LB 694, § 110;

Laws 1997, LB 752, § 69.
Neb. Rev. Stat. § 71-3704 — NE Code / Chapter 71 / Section 71-3704
View Statute 71-3704
Status: in_force

The committee shall:

(1) Provide financial oversight and direction to the University of Nebraska Medical Center in the management of the Brain Injury Assistance Program;

(2) Develop criteria for expenditures from the Brain Injury Assistance Program; and

(3) Represent the interests of individuals with a brain injury and their families through advocacy, education, training, rehabilitation, research, and prevention.

Laws 2019, LB481, § 4;

Laws 2022, LB971, § 3.
Neb. Rev. Stat. § 23-114.04 — NE Code / Chapter 23 / Section 23-114.04
View Statute 23-114.04
Status: in_force

(1) The county board shall provide for enforcement of the zoning regulations within its county by requiring the issuance of permits prior to the erection, construction, reconstruction, alteration, repair, or conversion of any nonfarm building or structure within a zoned area, and the county board may provide for the withholding of any permit if the purpose for which it is sought would conflict with zoning regulations adopted for the particular district in which the building or structure is situated or in which it is proposed to be erected. All plats for subdivisions in the area outside the corporate limits of cities and villages and outside of an unincorporated area wherein a city or village has been granted subdivision jurisdiction and is exercising such jurisdiction must be approved by the county planning commission.

(2) The county board may establish and appoint a county zoning administrator, who may also serve as a building inspector, and may fix his compensation or may authorize any administrative official of the county to assume the functions of such position in addition to his regular duties. The county board may also fix a reasonable schedule of fees for the issuance of permits under the provisions of subsection (1) of this section. The permits shall not be issued unless the plans of and for the proposed erection, construction, reconstruction, alteration, use or change of use, including sanitation, plumbing and sewage disposal, are filed in writing in the building inspector's office and such plans fully conform to all zoning regulations then in effect.

Laws 1967, c. 117, § 5, p. 370;

Laws 1975, LB 410, § 23.

The purpose of a building permit is to ensure compliance with zoning regulations, which compliance should be obtained before construction of the building or structure. Dowd Grain Co. v. County of Sarpy, 19 Neb. App. 550, 810 N.W.2d 182 (2012).

The purpose of a building permit is to ensure compliance with zoning regulations, which compliance should be obtained before construction of the building or structure. Dowd Grain Co. v. County of Sarpy, 19 Neb. App. 550, 810 N.W.2d 182 (2012).
Neb. Rev. Stat. § 53-223 — NE Code / Chapter 53 / Section 53-223
View Statute 53-223
Status: in_force

(1) If a supplier engages in conduct prohibited under sections 53-201 to 53-223 , a wholesaler with whom the supplier has an agreement may maintain a civil action against the supplier to recover actual damages reasonably incurred as the result of the prohibited conduct. If a wholesaler engages in conduct prohibited under such sections, a supplier with whom the wholesaler has an agreement may maintain a civil action against the wholesaler to recover actual damages reasonably incurred as the result of the prohibited conduct.

(2) A supplier who violates any provision of such sections shall be liable for all actual damages, all court costs, and, in the court's discretion, reasonable attorney's fees incurred by a wholesaler as a result of the violation. A wholesaler who violates any provision of such sections shall be liable for all actual damages, all court costs, and, in the court's discretion, reasonable attorney's fees incurred by the supplier as a result of the violation.

(3) A supplier or wholesaler may bring an action for declaratory judgment for determination of any controversy arising pursuant to such sections.

(4) Upon proper application to the court, a supplier or wholesaler may obtain injunctive relief against any violation of such sections. If the court grants injunctive relief or issues a temporary restraining order, bond shall be posted.

(5) The remedies provided by such sections are not exclusive, and nothing contained in such sections shall abolish any cause of action or remedy available to the supplier or the wholesaler existing on April 18, 1989.

(6) Any legal action taken under such sections or relating to a dispute arising out of an agreement or breach thereof or over the provisions of an agreement shall be filed in a state or federal court located in Nebraska, which state court is located in, or which federal court has jurisdiction and venue of, the county in which the wholesaler maintains its principal place of business in this state.

Laws 1989, LB 371, § 23.
Neb. Rev. Stat. § 49-501.01 — NE Code / Chapter 49 / Section 49-501.01
View Statute 49-501.01
Status: in_force

The session laws and journal of the Legislature shall be compiled and published by the Clerk of the Legislature after each regular session of the Legislature. The session laws and journal may be published in print or electronic format or in both formats. The session laws shall contain all the laws passed by the preceding session as well as those passed during any special session since the last regular session. The session laws shall also contain a certified copy of the Constitution of Nebraska as required by section 49-1701 . The clerk shall distribute one copy of the session laws and journal to each person who was a member of the Legislature by which the laws were enacted and shall distribute a second copy to any such person upon his or her request. The clerk shall provide the session laws and journals to the Secretary of State for distribution pursuant to sections 49-501 to 49-509.01 .

Laws 1971, LB 36, § 1;

Laws 2000, LB 534, § 1;

Laws 2010, LB770, § 1;

Laws 2016, LB686, § 2.
Neb. Rev. Stat. § 48-1219 — NE Code / Chapter 48 / Section 48-1219
View Statute 48-1219
Status: in_force

(1) The practice of discriminating on the basis of sex by paying wages to employees of one sex at a lesser rate than the rate paid to employees of the opposite sex for comparable work on jobs which have comparable requirements:

(a) Unjustly discriminates against the person receiving the lesser rate;

(b) Leads to low worker morale, high turnover, and frequent labor unrest;

(c) Discourages workers paid at the lesser wage rates from training for higher level jobs;

(d) Curtails employment opportunities, decreases workers' mobility, and increases labor costs;

(e) Impairs purchasing power and threatens the maintenance of an adequate standard of living by such workers and their families;

(f) Prevents optimum utilization of the state's available labor resources; and

(g) Threatens the well-being of citizens of this state, and adversely affects the general welfare.

(2) It is therefor declared to be the policy of this state through exercise of its police power to correct and, as rapidly as possible, to eliminate discriminatory wage practices based on sex.

Laws 1969, c. 389, § 1, p. 1365.
Neb. Rev. Stat. § 60-2508 — NE Code / Chapter 60 / Section 60-2508
View Statute 60-2508
Status: in_force

Motor vehicles owned or operated by any state or local agency may be used in ride-sharing arrangements for public employees. Participants in any such ride-sharing arrangement shall pay the actual total costs of using the vehicle in that arrangement.

Laws 1981, LB 50, § 8.
Neb. Rev. Stat. § 13-805 — NE Code / Chapter 13 / Section 13-805
View Statute 13-805
Status: in_force

In the event that an agreement made pursuant to the Interlocal Cooperation Act deals in whole or in part with the provision of services or facilities with regard to which an officer or agency of the state government has constitutional or statutory powers of control, the agreement shall, as a condition precedent to its entry into force, be submitted to the state officer or agency having such power of control and shall be approved or disapproved by the officer or agency as to all matters within the officer's or agency's jurisdiction.

Laws 1963, c. 333, § 5, p. 1073;

Laws 1975, LB 104, § 10;

R.S.1943, (1983), § 23-2205;

Laws 1991, LB 731, § 5.