FrankGoortani/open-us-law huggingface dataset:
Neb. Rev. Stat. § 13-2511 — NE Code / Chapter 13 / Section 13-2511
View Statute 13-2511
Status: in_force

The Secretary of State shall examine the statement and, if he or she finds that the name proposed for the joint public agency is distinguishable from any other entity name registered or on file with the Secretary of State pursuant to Nebraska law and that the statement conforms to the requirements of the Joint Public Agency Act, the Secretary of State shall record it and issue and record a certificate of creation. The certificate shall state the name of the joint public agency, the fact and date of creation, and the names of the participating public agencies. Upon the issuance of the certificate, the existence of the joint public agency as a political subdivision and a body corporate and politic of this state shall commence. Notice of the issuance of the certificate shall be given to all of the proposed participating public agencies by the Secretary of State and shall be published in one issue of a legal newspaper for each proposed participating public agency or a newspaper having general circulation in the area served by a proposed participating public agency if no legal newspaper exists for the participating public agency and of one or more newspapers of general circulation in the area to be served by the joint public agency.

Laws 1999, LB 87, § 11.
Neb. Rev. Stat. § 71-469 — NE Code / Chapter 71 / Section 71-469
View Statute 71-469
Status: in_force

In order to prevent, detect, and control diphtheria, tetanus, and pertussis in Nebraska, each general acute hospital, intermediate care facility, nursing facility, and skilled nursing facility shall offer onsite vaccinations for diphtheria, tetanus, and pertussis to all residents and to all inpatients prior to discharge, pursuant to procedures of the facility and in accordance with the recommendations of the advisory committee on immunization practices of the Centers for Disease Control and Prevention of the United States Public Health Service of the United States Department of Health and Human Services as the recommendations existed on January 1, 2013. This section shall not apply in individual cases when contraindicated or if a national shortage of the vaccine exists. Nothing in this section shall be construed to require any facility listed in this section to bear the cost of a vaccination provided pursuant to this section.

Laws 2013, LB459, § 2;

Laws 2014, LB859, § 3.
Neb. Rev. Stat. § 29-1807 — NE Code / Chapter 29 / Section 29-1807
View Statute 29-1807
Status: in_force

The accused may except to an indictment by (1) a motion to quash, (2) a plea in abatement, or (3) a demurrer.

G.S.1873, c. 58, § 439, p. 822;

R.S.1913, § 9083;

C.S.1922, § 10108;

C.S.1929, § 29-1806;

R.S.1943, § 29-1807.

The distinction between a motion to quash and a motion to suppress is not mere form over substance. The filing of a motion to quash clearly notifies the State that the defendant's challenge is to the propriety of the entire proceedings. In contrast to a motion to quash, a motion to suppress seeks to exclude certain evidence from being presented at trial. State v. Kanarick, 257 Neb. 358, 598 N.W.2d 430 (1999).

The distinction between a motion to quash and a motion to suppress is not mere form over substance. The filing of a motion to quash clearly notifies the State that the defendant's challenge is to the propriety of the entire proceedings. In contrast to a motion to quash, a motion to suppress seeks to exclude certain evidence from being presented at trial. State v. Kanarick, 257 Neb. 358, 598 N.W.2d 430 (1999).

Failure to attack indictment or information prior to trial is a waiver of any defects therein which are not jurisdictional. State ex rel. Gossett v. O'Grady, 137 Neb. 824, 291 N.W. 497 (1940).

Failure to attack indictment or information prior to trial is a waiver of any defects therein which are not jurisdictional. State ex rel. Gossett v. O'Grady, 137 Neb. 824, 291 N.W. 497 (1940).

Where different counts in information are properly joined, and evidence is offered to sustain each, an election will not be required. Poston v. State, 83 Neb. 240, 119 N.W. 520 (1909).

Where different counts in information are properly joined, and evidence is offered to sustain each, an election will not be required. Poston v. State, 83 Neb. 240, 119 N.W. 520 (1909).

A plea in abatement is a device whereby indictment or information can be attacked. Ronzzo v. Sigler, 235 F.Supp. 839 (D. Neb. 1964).

A plea in abatement is a device whereby indictment or information can be attacked. Ronzzo v. Sigler, 235 F.Supp. 839 (D. Neb. 1964).
Neb. Rev. Stat. § 38-2113 — NE Code / Chapter 71 / Section 38-2113
38-2113
Status: in_force

(1) Independent mental health practice means the provision of treatment, assessment, psychotherapy, counseling, or equivalent activities to individuals, couples, families, or groups for behavioral, cognitive, social, mental, or emotional disorders, including interpersonal or personal situations.

(2) Independent mental health practice includes diagnosing major mental illness or disorder, using psychotherapy with individuals suspected of having major mental or emotional disorders, or using psychotherapy to treat the concomitants of organic illness, with or without consultation with a qualified physician or licensed psychologist.

(3) Independent mental health practice does not include the practice of psychology or medicine, prescribing drugs or electroconvulsive therapy, treating physical disease, injury, or deformity, or measuring personality or intelligence for the purpose of diagnosis or treatment planning.

Laws 2007, LB247, § 39;

R.S.Supp.,2007, § 71-1,305.01.
Neb. Rev. Stat. § 44-4511 — NE Code / Chapter 44 / Section 44-4511
View Statute 44-4511
Status: in_force

No group long-term care insurance coverage may be offered to a resident of this state under a group policy issued in another state to a group described in subdivision (4) of section 44-4508 unless this state or another state having statutory and regulatory long-term care insurance requirements substantially similar to those adopted in this state has made a determination that such requirements have been met.

Laws 1987, LB 416, § 11.
Neb. Rev. Stat. § 71-1132 — NE Code / Chapter 71 / Section 71-1132
View Statute 71-1132
Status: in_force

Jurisdiction of the court under the Developmental Disabilities Court-Ordered Custody Act does not prohibit a subject or a subject's guardian from consenting to medical care or to a more restrictive setting, on a temporary basis, than that ordered by the court to satisfy the treatment needs of the subject.

Laws 2005, LB 206, § 32.
Neb. Rev. Stat. § 68-932 — NE Code / Chapter 68 / Section 68-932
View Statute 68-932
Status: in_force

The department shall establish a process by rule and regulation for resolving any violation by a self-funded insurer of section 68-928 and for assessing the financial penalties contained in section 68-930 . Any appeal of an action by the department under such policies shall be in accordance with the Administrative Procedure Act.

Laws 2005, LB 589, § 7;

R.S.Supp.,2005, § 68-10,106;

Laws 2006, LB 1248, § 32;

Laws 2007, LB296, § 260.

Administrative Procedure Act, see section 84-920 .
Neb. Rev. Stat. § 31-920 — NE Code / Chapter 31 / Section 31-920
View Statute 31-920
Status: in_force

Should the board allow damage, or should the court on appeal allow damage to the claimant as provided for in section 31-919 , additional assessments of benefits shall be made against the lot and land owners by supplemental assessments upon the proportion fixed by the original assessment upon the lots and lands benefited to pay such claim, to be certified and collected as original assessments. Should this additional amount to be so assessed be less than five hundred dollars the board in its discretion may pay the same from the drainage fund created by section 31-905 .

Laws 1959, c. 132, § 20, p. 491.
Neb. Rev. Stat. § 44-6905.01 — NE Code / Chapter 44 / Section 44-6905.01
View Statute 44-6905.01
Status: in_force

Enrollment date means the first day of coverage in the health benefit plan or, if earlier, the first day of the waiting period.

Laws 2000, LB 1253, § 39.
Neb. Rev. Stat. § 44-6304 — NE Code / Chapter 44 / Section 44-6304
View Statute 44-6304
Status: in_force

(1) No acquisitions or dispositions of assets need be reported pursuant to section 44-6303 if the acquisitions or dispositions are not material. A material acquisition, or the aggregate of any series of related acquisitions during any thirty-day period, or material disposition, or the aggregate of any series of related dispositions during any thirty-day period, shall mean one that is nonrecurring and not in the ordinary course of business and involves more than five percent of the reporting insurer's total admitted assets as reported in its most recent financial statement filed with the director pursuant to section 44-322 .

(2) Asset acquisitions subject to the Disclosure of Material Insurance Transactions Act shall include every purchase, lease, exchange, merger, consolidation, succession, or other acquisition other than the construction or development of real property by or for the reporting insurer or the acquisition of materials for such purpose. Asset dispositions subject to the act shall include every sale, lease, exchange, merger, consolidation, mortgage, hypothecation, assignment, whether for the benefit of creditors or otherwise, abandonment, destruction, or other disposition.

(3) The following information shall be disclosed in any report of a material acquisition or disposition of assets:

(a) Date of the transaction;

(b) Manner of acquisition or disposition;

(c) Description of the assets involved;

(d) Nature and amount of the consideration given or received;

(e) Purpose of or reason for the transaction;

(f) Manner by which the amount of consideration was determined;

(g) Gain or loss recognized or realized as a result of the transaction; and

(h) Name of the person from whom the assets were acquired or to whom they were disposed.

(4) Insurers shall report material acquisitions and dispositions on a nonconsolidated basis unless the insurer is part of a consolidated group of insurers which utilizes a pooling arrangement or one-hundred-percent reinsurance agreement that affects the solvency and integrity of the insurer's reserves and such insurer ceded substantially all of its direct and assumed business to the pool. An insurer is deemed to have ceded substantially all of its direct and assumed business to a pool if the insurer has less than one million dollars total direct plus assumed written premiums during a calendar year that are not subject to a pooling arrangement and the net income of the business not subject to the pooling arrangement represents less than five percent of the insurer's capital and surplus.

Laws 1994, LB 978, § 4.
Neb. Rev. Stat. § 2-3204 — NE Code / Chapter 2 / Section 2-3204
View Statute 2-3204
Status: in_force

A natural resources district may adopt either an annual or a biennial budget pursuant to the Nebraska Budget Act.

Laws 2015, LB164, § 1.

Nebraska Budget Act, see section 13-501 .
Neb. Rev. Stat. § 37-1254.01 — NE Code / Chapter 37 / Section 37-1254.01
View Statute 37-1254.01
Status: in_force

(1) No person shall be in the actual physical control of any motorboat or personal watercraft under propulsion upon the waters of this state:

(a) While under the influence of alcoholic liquor or of any drug;

(b) When such person has a concentration of eight-hundredths of one gram or more by weight of alcohol per one hundred milliliters of his or her blood; or

(c) When such person has a concentration of eight-hundredths of one gram or more by weight of alcohol per two hundred ten liters of his or her breath.

(2) Any city or village may enact ordinances in conformance with this section and section 37-1254.02 . Upon conviction of any person of a violation of such a city or village ordinance, the provisions of sections 37-1254.11 and 37-1254.12 shall be applicable the same as though it were a violation of this section or section 37-1254.02 .

(3) Any person who is in the actual physical control of any motorboat or personal watercraft under propulsion upon the waters of this state while in a condition described in subsection (1) of this section shall be guilty of a crime and upon conviction punished as provided in section 37-1254.12 .

Laws 1989, LB 195, § 3;

Laws 2001, LB 166, § 1;

Laws 2001, LB 773, § 7;

Laws 2011, LB667, § 10.
Neb. Rev. Stat. § 37-1716 — NE Code / Chapter 37 / Section 37-1716
View Statute 37-1716
Status: in_force

Request for qualifications means the documentation or publication by which the commission solicits qualifications.

Laws 2018, LB775, § 17.
Neb. Rev. Stat. § 28-1334 — NE Code / Chapter 28 / Section 28-1334
View Statute 28-1334
Status: in_force

The requiring or taking of any deposit for any purpose upon such receptacle shall not be deemed nor held to be a sale, either optional or otherwise, in any proceeding under sections 28-1329 to 28-1334 .

Laws 1977, LB 38, § 318.
Neb. Rev. Stat. § 29-4101 — NE Code / Chapter 29 / Section 29-4101
View Statute 29-4101
Status: in_force

Sections 29-4101 to 29-4115.01 shall be known and may be cited as the DNA Identification Information Act.

Laws 1997, LB 278, § 1;

Laws 2006, LB 385, § 2;

Laws 2006, LB 1113, § 28;

Laws 2010, LB190, § 2.
Neb. Rev. Stat. § 42-806 — NE Code / Chapter 42 / Section 42-806
View Statute 42-806
Status: in_force

The judge of the conciliation court may transfer any case before the conciliation court pursuant to the Conciliation Court Law to the presiding judge of the county court or to the presiding judge of the district court, as appropriate, for assignment for trial or other proceedings by another judge of the court, whenever in the opinion of the judge of the conciliation court such transfer is necessary to expedite the business of the conciliation court or to insure the prompt consideration of the case. When any case is so transferred, the judge to whom it is transferred shall act as the judge of the conciliation court in the matter.

Laws 1965, c. 228, § 6, p. 655;

Laws 1997, LB 229, § 25.
Neb. Rev. Stat. § 37-1707 — NE Code / Chapter 37 / Section 37-1707
View Statute 37-1707
Status: in_force

Construction manager-general contractor contract means a contract which is subject to a qualification-based selection process between the commission and a construction manager to furnish preconstruction services during the design development phase of the project and, if an agreement can be reached which is satisfactory to the commission, construction services for the construction phase of the project.

Laws 2018, LB775, § 8.
Neb. Rev. Stat. § 13-2519 — NE Code / Chapter 13 / Section 13-2519
View Statute 13-2519
Status: in_force

A joint public agency shall constitute a political subdivision and a public body corporate and politic of this state exercising public powers separate from the participating public agencies. A joint public agency shall have the duties, privileges, immunities, rights, liabilities, and disabilities of a political subdivision and a public body corporate and politic exercising powers and acting on behalf of the participating public agencies.

Laws 1999, LB 87, § 19.
Neb. Rev. Stat. § 31-517 — NE Code / Chapter 31 / Section 31-517
View Statute 31-517
Status: in_force

All costs of the improvement other than the costs to be covered by special assessments as finally determined shall be borne by the sanitary district.

Laws 1927, c. 144, § 2, p. 392;

C.S.1929, § 31-612;

Laws 1933, c. 136, § 26, p. 539;

C.S.Supp.,1941, § 31-612;

R.S.1943, § 31-517.
Neb. Rev. Stat. § 18-2147.01 — NE Code / Chapter 18 / Section 18-2147.01
View Statute 18-2147.01
Status: in_force

The Department of Economic Development shall, to the extent that funds are appropriated for such purpose, reimburse applying cities or villages for the fees paid by such cities or villages for the use of the cost-benefit analysis model, developed and approved by the Legislature, for projects using funds authorized by section 18-2147 .

Laws 1999, LB 774, § 3;

Laws 2000, LB 1135, § 3.
Neb. Rev. Stat. § 60-104.01 — NE Code / Chapter 60 / Section 60-104.01
View Statute 60-104.01
Status: in_force

Autocycle means any motor vehicle (1) having a seat that does not require the operator to straddle or sit astride it, (2) designed to travel on three wheels in contact with the ground, (3) having antilock brakes, (4) designed to be controlled with a steering wheel and pedals, and (5) in which the operator and passenger ride either side by side or in tandem in a seating area that is equipped with a manufacturer-installed three-point safety belt system for each occupant and that has a seating area that either (a) is completely enclosed and is equipped with manufacturer-installed airbags and a manufacturer-installed roll cage or (b) is not completely enclosed and is equipped with a manufacturer-installed rollover protection system.

Laws 2015, LB231, § 4;

Laws 2018, LB909, § 10.
Neb. Rev. Stat. § 69-1301 — NE Code / Chapter 69 / Section 69-1301
View Statute 69-1301
Status: in_force

As used in the Uniform Disposition of Unclaimed Property Act unless the context otherwise requires:

(a) Banking organization means any bank, trust company, savings bank, industrial bank, land bank, or safe deposit company.

(b) Business association means any corporation, joint-stock company, business trust, partnership, limited liability company, or association for business purposes of two or more individuals, but does not include a public corporation.

(c) Financial organization means any savings and loan association, building and loan association, credit union, cooperative bank, or investment company, doing business in this state.

(d) General-use prepaid card means a plastic card or other electronic payment device usable with multiple, unaffiliated sellers of goods or services.

(e) Holder means any person in possession of property subject to the act belonging to another, or who is trustee in case of a trust, or is indebted to another on an obligation subject to the act.

(f) Life insurance corporation means any association or corporation transacting within this state the business of insurance on the lives of persons or insurance appertaining thereto, including, but not limited to, endowments and annuities.

(g) Military medal means any decoration or award that may be presented or awarded to a member of a unit of the United States Armed Forces or National Guard.

(h) Owner means a depositor in case of a deposit, a beneficiary in case of a trust, a creditor, claimant, or payee in case of other choses in action, or any person having a legal or equitable interest in property subject to the act, or his or her legal representative.

(i) Person means any individual, business association, governmental or political subdivision, public corporation, public authority, estate, trust, two or more persons having a joint or common interest, or any other legal or commercial entity.

(j) Utility means any person who owns or operates within this state, for public use, any plant, equipment, property, franchise, or license for the transmission of communications or the production, storage, transmission, sale, delivery, or furnishing of electricity, water, steam, or gas.

Laws 1969, c. 611, § 1, p. 2478;

Laws 1992, Third Spec. Sess., LB 26, § 3;

Laws 1993, LB 121, § 414;

Laws 2003, LB 131, § 34;

Laws 2006, LB 173, § 1;

Laws 2012, LB819, § 1.

The State Board of Agriculture while operating parimutuel betting is a business association, as contemplated by the Uniform Disposition of Unclaimed Property Act. State ex rel. Marsh v. Nebraska St. Bd. of Agr., 217 Neb. 622, 350 N.W.2d 535 (1984).

The State Board of Agriculture while operating parimutuel betting is a business association, as contemplated by the Uniform Disposition of Unclaimed Property Act. State ex rel. Marsh v. Nebraska St. Bd. of Agr., 217 Neb. 622, 350 N.W.2d 535 (1984).
Neb. Rev. Stat. § 54-753.05 — NE Code / Chapter 54 / Section 54-753.05
View Statute 54-753.05
Status: in_force

Any person who shall import livestock or cause livestock to be imported into the State of Nebraska in violation of an embargo issued by the State Veterinarian of Nebraska shall be guilty of a Class IV felony.

Laws 1959, c. 255, § 1, p. 889;

Laws 1977, LB 39, § 27.

Definitions, where found, see section 54-2902 .

Violation of this section held not to defeat registration of judgment obtained in Kansas. Miller v. Kingsley, 194 Neb. 123, 230 N.W.2d 472 (1975).

Violation of this section held not to defeat registration of judgment obtained in Kansas. Miller v. Kingsley, 194 Neb. 123, 230 N.W.2d 472 (1975).
Neb. Rev. Stat. § 30-2658 — NE Code / Chapter 30 / Section 30-2658
View Statute 30-2658
Status: in_force

(a) Unless otherwise provided in the contract, a conservator is not individually liable on a contract properly entered into in his fiduciary capacity in the course of administration of the estate unless he fails to reveal his representative capacity and identify the estate in the contract.

(b) The conservator is individually liable for obligations arising from ownership or control of property of the estate or for torts committed in the course of administration of the estate only if he is personally at fault.

(c) Claims based on contracts entered into by a conservator in his fiduciary capacity, on obligations arising from ownership or control of the estate, or on torts committed in the course of administration of the estate may be asserted against the estate by proceeding against the conservator in his fiduciary capacity, whether or not the conservator is individually liable therefor.

(d) Any question of liability between the estate and the conservator individually may be determined in a proceeding for accounting, surcharge, or indemnification, or other appropriate proceeding or action.

Laws 1974, LB 354, § 276, UPC § 5-429.
Neb. Rev. Stat. § 18-1502 — NE Code / Chapter 18 / Section 18-1502
View Statute 18-1502
Status: in_force

For the purpose of acquiring and improving an aviation field as authorized in section 18-1501 , any city or village may issue and sell bonds of such city or village to be designated aviation field bonds to provide the necessary funds for such aviation field in an amount not to exceed seven-tenths of one percent of the taxable valuation of all the taxable property in such city or village. Such bonds shall become due in not to exceed twenty years from the date of issuance and shall draw interest payable semiannually or annually. Such bonds may not be sold for less than par and in no case without the proposition of issuing the same having first been submitted to the legal electors of such city or village at a general or special election held in such city or village and a majority of the votes cast upon the question of issuing the bonds being in favor thereof. The authority to sell such bonds shall not be limited by any other provision of law.

Laws 1929, c. 35, § 1, p. 148;

C.S.1929, § 19-801;

Laws 1943, c. 39, § 1(2), p. 182;

R.S.1943, § 19-802;

Laws 1945, c. 34, § 17, p. 170;

Laws 1947, c. 15, § 12, p. 89;

Laws 1947, c. 53, § 2, p. 181;

Laws 1955, c. 50, § 2, p. 170;

Laws 1969, c. 51, § 67, p. 313;

Laws 1979, LB 187, § 76;

Laws 1992, LB 719A, § 76;

Laws 2021, LB163, § 85.

Revised Airports Act, section included, see section 3-238 .

Airport Authority Act did not amend this section as it was an independent act dealing with a different subject. Obitz v. Airport Authority of City of Red Cloud, 181 Neb. 410, 149 N.W.2d 105 (1967).

Airport Authority Act did not amend this section as it was an independent act dealing with a different subject. Obitz v. Airport Authority of City of Red Cloud, 181 Neb. 410, 149 N.W.2d 105 (1967).

This section relates to right of municipality to acquire an airport or other air navigation facility. Brasier v. Cribbett, 166 Neb. 145, 88 N.W.2d 235 (1958).

This section relates to right of municipality to acquire an airport or other air navigation facility. Brasier v. Cribbett, 166 Neb. 145, 88 N.W.2d 235 (1958).