FrankGoortani/open-us-law huggingface dataset:
Neb. Rev. Stat. § 13-1709 — NE Code / Chapter 13 / Section 13-1709
View Statute 13-1709
Status: in_force

The siting approval procedures, criteria, and appeal procedures provided for in sections 13-1701 to 13-1714 shall be the exclusive siting procedures and appeal procedures. Local zoning ordinances, other local land-use requirements, and other ordinances or resolutions shall be considered in such siting decisions.

Laws 1991, LB 813, § 9;

Laws 1992, LB 1257, § 62.

Because this section provides that the siting approval procedures, criteria, and appeal procedures provided for in sections 13-1701 to 13-1714 shall be the exclusive siting procedures and appeal procedures, the Administrative Procedure Act is inapplicable. The standard of review is to search only for errors appearing in the record. The district court determines whether the decision conforms to law, is supported by competent and relevant evidence, and is not arbitrary, capricious, or unreasonable. Tri-County Landfill v. Board of Cty. Comrs., 247 Neb. 350, 526 N.W.2d 668 (1995).

Because this section provides that the siting approval procedures, criteria, and appeal procedures provided for in sections 13-1701 to 13-1714 shall be the exclusive siting procedures and appeal procedures, the Administrative Procedure Act is inapplicable. The standard of review is to search only for errors appearing in the record. The district court determines whether the decision conforms to law, is supported by competent and relevant evidence, and is not arbitrary, capricious, or unreasonable. Tri-County Landfill v. Board of Cty. Comrs., 247 Neb. 350, 526 N.W.2d 668 (1995).
Neb. Rev. Stat. § 71-934 — NE Code / Chapter 71 / Section 71-934
View Statute 71-934
Status: in_force

The mental health board shall, upon motion of the county attorney, or may, upon its own motion, hold a hearing to determine whether a subject ordered by the board to receive outpatient treatment can be adequately and safely served by the individualized treatment plan for such subject on file with the board. The mental health board may issue a warrant directing any law enforcement officer in the state to take custody of the subject and directing the sheriff or other suitable person to transport the subject to a treatment facility or public or private hospital with available capacity specified by the board where he or she will be held pending such hearing. No person may be held in custody under this section for more than seven days except upon a continuance granted by the board. At the time of execution of the warrant, the sheriff or other suitable person designated by the board shall personally serve upon the subject, the subject's counsel, and the subject's legal guardian or conservator, if any, a notice of the time and place fixed for the hearing, a copy of the motion for hearing, and a list of the rights provided by the Nebraska Mental Health Commitment Act. The subject shall be accorded all the rights guaranteed to a subject by the act. Following the hearing, the board shall determine whether outpatient treatment will be continued, modified, or ended.

Laws 1994, LB 498, § 10;

Laws 1996, LB 1155, § 107;

R.S.1943, (1999), § 83-1045.02;

Laws 2004, LB 1083, § 54.

Under former law, language in this section providing that no person may be held in custody pending a hearing for a period exceeding 7 days is directory, not mandatory, because of the purposes of this section and the lack of a remedy for violation of this section. In re Interest of E.M., 13 Neb. App. 287, 691 N.W.2d 550 (2005).

Under former law, language in this section providing that no person may be held in custody pending a hearing for a period exceeding 7 days is directory, not mandatory, because of the purposes of this section and the lack of a remedy for violation of this section. In re Interest of E.M., 13 Neb. App. 287, 691 N.W.2d 550 (2005).
Neb. Rev. Stat. § 71-1930 — NE Code / Chapter 71 / Section 71-1930
View Statute 71-1930
Status: in_force

(1) Except as otherwise provided in the Children's Residential Facilities and Placing Licensure Act:

(a) Licenses issued under the act shall expire on uniform annual dates established by the department specified in rules and regulations; and

(b) Licenses shall be issued only for the premises and individuals named in the application and shall not be transferable or assignable.

(2) Licenses, license record information, and inspection reports shall be made available by the licensee for public inspection upon request and may be displayed in a conspicuous place on the licensed premises.

Laws 2013, LB265, § 7.
Neb. Rev. Stat. § 39-1650 — NE Code / Chapter 39 / Section 39-1650
View Statute 39-1650
Status: in_force

When it shall be deemed advisable by the advisory committee of the district to enlarge the boundaries thereof, and the conditions mentioned in section 39-1639 apply to such enlarged territory, a petition for the enlargement of the district, signed by persons owning not less than twenty-five percent of the territory proposed to be added to the district, may be filed with the county clerk and thereupon the board shall proceed in all respects as provided in sections 39-1640 to 39-1643 , so far as applicable.

Laws 1963, c. 213, § 13, p. 685.
Neb. Rev. Stat. § 25-1410 — NE Code / Chapter 25 / Section 25-1410
View Statute 25-1410
Status: in_force

Upon the death of the plaintiff in an action, it may be revived in the names of his representatives, to whom his right has passed. Where his right has passed to his personal representative, the revivor shall be in his name; where it has passed to his heirs or devisees, who could support the action if brought anew, the revivor may be in their names.

R.S.1867, Code § 463, p. 470;

R.S.1913, § 8031;

C.S.1922, § 8972;

C.S.1929, § 20-1410;

R.S.1943, § 25-1410.

Where there is no probate and no personal representative of the original plaintiff, the action may be revived in the names of the heirs-at-law of the original plaintiff. Spradlin v. Myers, 200 Neb. 559, 264 N.W.2d 658 (1978).

Where there is no probate and no personal representative of the original plaintiff, the action may be revived in the names of the heirs-at-law of the original plaintiff. Spradlin v. Myers, 200 Neb. 559, 264 N.W.2d 658 (1978).

Action to quiet title to real estate cannot be revived in name of administrator. Egan v. Niemann, 154 Neb. 161, 47 N.W.2d 404 (1951).

Action to quiet title to real estate cannot be revived in name of administrator. Egan v. Niemann, 154 Neb. 161, 47 N.W.2d 404 (1951).

Where sole plaintiff in foreclosure proceedings died, leaving a will, revivor should be had in name of devisees. Vybiral v. Schildhauer, 144 Neb. 114, 12 N.W.2d 660 (1944).

Where sole plaintiff in foreclosure proceedings died, leaving a will, revivor should be had in name of devisees. Vybiral v. Schildhauer, 144 Neb. 114, 12 N.W.2d 660 (1944).

Action for personal injuries does not abate by death, and administrator may revive. Murray v. Omaha Transfer Co., 95 Neb. 175, 145 N.W. 360 (1914), on rehearing, 98 Neb. 482, 153 N.W. 488 (1915).

Action for personal injuries does not abate by death, and administrator may revive. Murray v. Omaha Transfer Co., 95 Neb. 175, 145 N.W. 360 (1914), on rehearing, 98 Neb. 482, 153 N.W. 488 (1915).

Section is applicable to cases pending in Supreme Court. Sheibley v. Nelson, 83 Neb. 501, 119 N.W. 1124 (1909); Schmitt & Bros. Co. v. Mahoney, 60 Neb. 20, 82 N.W. 99 (1900).

Section is applicable to cases pending in Supreme Court. Sheibley v. Nelson, 83 Neb. 501, 119 N.W. 1124 (1909); Schmitt & Bros. Co. v. Mahoney, 60 Neb. 20, 82 N.W. 99 (1900).

Judgment should not be revived in name of administrator where he has not succeeded to rights of deceased. Vogt v. Binder, 76 Neb. 361, 107 N.W. 383 (1906).

Judgment should not be revived in name of administrator where he has not succeeded to rights of deceased. Vogt v. Binder, 76 Neb. 361, 107 N.W. 383 (1906).

Where sole plaintiff dies, proceedings are suspended until revived. Street v. Smith, 75 Neb. 434, 106 N.W. 472 (1906).

Where sole plaintiff dies, proceedings are suspended until revived. Street v. Smith, 75 Neb. 434, 106 N.W. 472 (1906).

Where rights pass to heirs, heirs become necessary parties. Urlau v. Ruhe, 63 Neb. 883, 89 N.W. 427 (1902).

Where rights pass to heirs, heirs become necessary parties. Urlau v. Ruhe, 63 Neb. 883, 89 N.W. 427 (1902).
Neb. Rev. Stat. § 15-238 — NE Code / Chapter 15 / Section 15-238
View Statute 15-238
Status: in_force

A city of the primary class shall have the power by ordinance to regulate and prohibit cesspools and privy vaults in such city and shall have the power to require the owner or owners of any lot, lots, or lands within such cities, upon which any building or buildings are located, to connect such building or buildings with a sewer, to provide such building or buildings with a suitable privy or watercloset, and to connect such privy or watercloset with a sewer, and to require such owner or owners to keep all privy vaults and cesspools clean. Upon the refusal to connect with a sewer or failure of such owner or owners to provide a suitable watercloset or privy, or to make any sewer connection, or to remove any privy vault or cesspool, or to clean the privy vault or cesspool, after five days' notice by publication, or in place thereof, personal notice to so do, then such city, through its proper officers, shall have power to make any sewer connection, construct any watercloset or privy, regulate or remove any privy vault or cesspool, or clean the same, or cause the same to be done, and shall have the power to provide by ordinance for assessing the cost thereof by special assessment against the lot, lots, or lands of such owner or owners.

Laws 1915, c. 216, § 1, p. 485;

C.S.1922, § 3833;

C.S.1929, § 15-236;

R.S.1943, § 15-238;

Laws 2020, LB1003, § 55.
Neb. Rev. Stat. § 48-1208 — NE Code / Chapter 48 / Section 48-1208
View Statute 48-1208
Status: in_force

Any standards relating to minimum wage, maximum hours, or other working conditions in effect on October 23, 1967, by or under any other law of this state, which are more favorable to employees than those applicable to such employees under the provisions of sections 48-1201 to 48-1209 , shall not be deemed to be amended, rescinded, or otherwise affected by sections 48-1201 to 48-1209 but shall continue in full force and effect.

Laws 1967, c. 285, § 8, p. 776.
Neb. Rev. Stat. § 9-626 — NE Code / Chapter 9 / Section 9-626
View Statute 9-626
Status: in_force

(1) A governing board of a county, city, or village may submit to the registered voters of such county, city, or village the question whether an existing lottery should be continued. The question may be submitted at a regular election or a special election called by the governing board of the county, city, or village for such purpose.

(2) The question shall be submitted in substantially the following form:

Shall the (county, city, or village) of (here insert the name of the county, city, or village) continue operating a lottery pursuant to the Nebraska County and City Lottery Act?

...... For continued operation of lottery

...... Against continued operation of lottery

(3) A majority of the voters voting on the issue shall determine such issue. The vote shall be binding on the affected county, city, or village, and if the majority vote is to discontinue the lottery, such county, city, or village shall discontinue the lottery within sixty days of the certification of the election results.

(4) An election pursuant to this section shall not be held within two years of the election authorized under section 9-625 and shall not be held more often than once every two years.

(5) An election held by a county, city, or village pursuant to section 9-625 shall not be held within two years of an election authorized under this section and section 9-627 if such election results in the discontinuation of the lottery in the county, city, or village.

Laws 1989, LB 767, § 66.
Neb. Rev. Stat. § 71-1207 — NE Code / Chapter 71 / Section 71-1207
View Statute 71-1207
Status: in_force

Upon the filing of the petition under section 71-1205 , the clerk of the district court shall cause a summons fixing the time and place for a hearing to be prepared and issued to the sheriff for service. The sheriff shall personally serve upon the subject and the subject's legal guardian or custodian, if any, the summons and copies of the petition, the list of rights provided by sections 71-943 to 71-960 , and a list of the names, addresses, and telephone numbers of mental health professionals in the immediate vicinity by whom the subject may be evaluated prior to his or her hearing. The summons shall fix a time for the hearing within seven calendar days after the subject has been taken into emergency protective custody. The failure of a subject to appear as required under this section shall constitute grounds for the issuance by the mental health board of a warrant for his or her custody.

Laws 2006, LB 1199, § 63.

The 7-day time limit for holding a hearing under this section is directory, not mandatory. D.I. v. Gibson, 291 Neb. 554, 867 N.W.2d 284 (2015).

The 7-day time limit for holding a hearing under this section is directory, not mandatory. D.I. v. Gibson, 291 Neb. 554, 867 N.W.2d 284 (2015).

The Sex Offender Commitment Act requires service of a summons upon the subject which fixes a time for the hearing before a mental health board within 7 calendar days after the subject has been taken into emergency protective custody. Condoluci v. State, 18 Neb. App. 112, 775 N.W.2d 196 (2009).

The Sex Offender Commitment Act requires service of a summons upon the subject which fixes a time for the hearing before a mental health board within 7 calendar days after the subject has been taken into emergency protective custody. Condoluci v. State, 18 Neb. App. 112, 775 N.W.2d 196 (2009).
Neb. Rev. Stat. § 46-1205.01 — NE Code / Chapter 46 / Section 46-1205.01
View Statute 46-1205.01
Status: in_force

Licensed natural resources ground water technician means a natural resources ground water technician who has taken a training course, passed an examination based on the training course, and received a license from the department indicating that he or she is a licensed natural resources ground water technician.

Laws 2001, LB 133, § 4;

Laws 2007, LB463, § 1148.
Neb. Rev. Stat. § 67-275 — NE Code / Chapter 67 / Section 67-275
View Statute 67-275
Status: in_force

If a partner who is an individual dies or a court of competent jurisdiction adjudges him or her to be incompetent to manage his or her person or his or her property, the partner's executor, administrator, guardian, conservator, personal representative, or other legal representative may exercise all the partner's rights for the purpose of settling his or her estate or administering his or her property, including any power the partner had to give an assignee the right to become a limited partner. If a partner is a corporation, limited liability company, trust, or other entity and is dissolved or terminated, the powers of that partner may be exercised by its legal representative or successor.

Laws 1981, LB 272, § 43;

Laws 1993, LB 121, § 405.
Neb. Rev. Stat. § 71-2048.01 — NE Code / Chapter 71 / Section 71-2048.01
View Statute 71-2048.01
Status: in_force

Any hospital required to be licensed under the Health Care Facility Licensure Act shall not deny clinical privileges to physicians and surgeons, podiatrists, osteopathic physicians, osteopathic physicians and surgeons, certified nurse midwives, licensed psychologists, or dentists solely by reason of the credential held by the practitioner. Each such hospital shall establish reasonable standards and procedures to be applied when considering and acting upon an application for medical staff membership and privileges. Once an application is determined to be complete by the hospital and is verified in accordance with such standards and procedures, the hospital shall notify the applicant of its initial recommendation regarding membership and privileges within one hundred twenty days.

Laws 1989, LB 646, § 1;

Laws 1998, LB 1073, § 122;

Laws 2000, LB 819, § 99;

Laws 2011, LB68, § 1.

Health Care Facility Licensure Act, see section 71-401 .
Neb. Rev. Stat. § 21-131 — NE Code / Chapter 21 / Section 21-131
View Statute 21-131
Status: in_force

(RULLCA 402) A contribution may consist of tangible or intangible property or other benefit to a limited liability company, including money, services performed, promissory notes, other agreements to contribute money or property, and contracts for services to be performed.

Laws 2010, LB888, § 31.
Neb. Rev. Stat. § 38-1209 — NE Code / Chapter 38 / Section 38-1209
View Statute 38-1209
Status: in_force

Patient means an individual who either identifies himself or herself as being in need of medical attention or upon assessment by an emergency care provider has an injury or illness requiring treatment.

Laws 2007, LB463, § 493;

Laws 2020, LB1002, § 24.
Neb. Rev. Stat. § 54-1702 — NE Code / Chapter 54 / Section 54-1702
View Statute 54-1702
Status: in_force

Sections 54-1701 to 54-1711 may be cited as the Nebraska Livestock Dealer Licensing Act.

Laws 1969, c. 447, § 2, p. 1493.
Neb. Rev. Stat. § 68-901 — NE Code / Chapter 68 / Section 68-901
View Statute 68-901
Status: in_force

Sections 68-901 to 68-9,111 shall be known and may be cited as the Medical Assistance Act.

Laws 2006, LB 1248, § 1;

Laws 2008, LB830, § 1;

Laws 2009, LB27, § 1;

Laws 2009, LB288, § 18;

Laws 2009, LB342, § 1;

Laws 2009, LB396, § 1;

Laws 2010, LB1106, § 1;

Laws 2011, LB525, § 1;

Laws 2012, LB541, § 1;

Laws 2012, LB599, § 2;

Laws 2015, LB500, § 1;

Laws 2016, LB698, § 15;

Laws 2017, LB268, § 10;

Laws 2017, LB578, § 1;

Initiative Law 2018, No. 427, § 1;

Laws 2019, LB468, § 1;

Laws 2019, LB726, § 1;

Laws 2020, LB956, § 1;

Laws 2020, LB1002, § 43;

Laws 2020, LB1053, § 1;

Laws 2020, LB1158, § 1;

Laws 2021, LB100, § 1;

Laws 2023, LB227, § 57;

Laws 2024, LB204, § 1;

Laws 2024, LB358, § 1;

Laws 2024, LB857, § 1.

By enacting the Medical Assistance Act, Nebraska elected to participate in the federal Medicaid program; therefore, the State must comply with federal Medicaid statutes and regulations. Smalley v. Nebraska Dept. of Health & Human Servs., 283 Neb. 544, 811 N.W.2d 246 (2012).

By enacting the Medical Assistance Act, Nebraska elected to participate in the federal Medicaid program; therefore, the State must comply with federal Medicaid statutes and regulations. Smalley v. Nebraska Dept. of Health & Human Servs., 283 Neb. 544, 811 N.W.2d 246 (2012).
Neb. Rev. Stat. § 38-523 — NE Code / Chapter 38 / Section 38-523
View Statute 38-523
Status: in_force

An audiology or speech-language pathology assistant may, under the supervision of a licensed audiologist or speech-language pathologist, perform the following duties and activities:

(1) Implement programs and procedures designed by a licensed audiologist or speech-language pathologist;

(2) Maintain records of implemented procedures which document a patient's responses to treatment;

(3) Provide input for interdisciplinary treatment planning, inservice training, and other activities directed by a licensed audiologist or speech-language pathologist;

(4) Prepare instructional material to facilitate program implementation as directed by a licensed audiologist or speech-language pathologist;

(5) Follow plans, developed by the licensed audiologist or speech-language pathologist, that provide specific sequences of treatment to individuals with communicative disorders or dysphagia; and

(6) Chart or log patient responses to the treatment plan.

Laws 1985, LB 129, § 28;

Laws 1988, LB 1100, § 74;

R.S.1943, (2003), § 71-1,195.06;

Laws 2007, LB247, § 34;

Laws 2007, LB463, § 208.
Neb. Rev. Stat. § 9-615 — NE Code / Chapter 9 / Section 9-615
View Statute 9-615
Status: in_force

Lottery supplies shall mean all tickets, cards, boards, sheets, or other supplies which are used in and are an integral part of the conduct of any lottery activity authorized or regulated under the Nebraska County and City Lottery Act.

Laws 1989, LB 767, § 56.
Neb. Rev. Stat. § 13-1003 — NE Code / Chapter 13 / Section 13-1003
View Statute 13-1003
Status: in_force

The proper governing body or governing bodies, having jurisdiction thereof, after making all arrangements above provided, may adopt a final plan, the area included in which shall constitute an interstate conservation or recreational improvement district.

Laws 1935, c. 39, § 3, p. 155;

C.S.Supp.,1941, § 18-1703;

R.S.1943, (1983), § 18-903.
Neb. Rev. Stat. § 60-338 — NE Code / Chapter 60 / Section 60-338
View Statute 60-338
Status: in_force

Moped means a device with fully operative pedals for propulsion by human power, an automatic transmission, and a motor with a cylinder capacity not exceeding fifty cubic centimeters which produces no more than two brake horsepower and is capable of propelling the device at a maximum design speed of no more than thirty miles per hour on level ground.

Laws 2005, LB 274, § 38;

Laws 2015, LB95, § 5.
Neb. Rev. Stat. § 38-809 — NE Code / Chapter 38 / Section 38-809
View Statute 38-809
Status: in_force

(1) An applicant for licensure to practice chiropractic who has met the standards set by the board pursuant to section 38-126 for a license based on licensure in another jurisdiction but is not practicing at the time of application for licensure shall present proof satisfactory to the department that he or she has within the two years immediately preceding the application for licensure completed continuing competency requirements approved by the board pursuant to section 38-145 .

(2) An applicant who is a military spouse may apply for a temporary license as provided in section 38-129.01 .

Laws 1927, c. 167, § 80, p. 475;

C.S.1929, § 71-1105;

R.S.1943, § 71-181;

Laws 1996, LB 1044, § 406;

R.S.1943, (2003), § 71-181;

Laws 2007, LB296, § 324;

Laws 2007, LB463, § 250;

Laws 2017, LB88, § 42.
Neb. Rev. Stat. § 31-225 — NE Code / Chapter 31 / Section 31-225
View Statute 31-225
Status: in_force

It shall be the duty of any landowner or tenant who shall occupy or use land through which a watercourse, slough, drainage ditch or drainage course shall run or have its course, and who shall plow over or plant crops in the bed of such watercourse, slough, drainage ditch or drainage course, to dig out or by other means deepen, at least once a year, between March 1 and April 15, to a depth at least equal to that of such watercourse, drainage ditch, slough or drainage course, before same was plowed or seeded to crop, if plowing and planting as aforesaid causes an overflow or flooding of other lands along the course of said drainage ditch, slough or drainage course.

Laws 1911, c. 143, § 2, p. 475;

R.S.1913, § 1795;

C.S.1922, § 1742;

C.S.1929, § 31-325;

R.S.1943, § 31-225.
Neb. Rev. Stat. § 71-815 — NE Code / Chapter 71 / Section 71-815
View Statute 71-815
Status: in_force

(1) The State Advisory Committee on Substance Abuse Services is created. The State Advisory Committee on Substance Abuse Services terminates on July 1, 2026. Members of the committee shall have a demonstrated interest and commitment and specialized knowledge, experience, or expertise relating to the provision of substance abuse services in the State of Nebraska. The committee shall consist of twelve members appointed by the Governor and shall include at least three consumers of substance abuse services.

(2) The committee shall be responsible to the division and shall (a) conduct regular meetings, (b) provide advice and assistance to the division relating to the provision of substance abuse services in the State of Nebraska, (c) promote the interests of consumers and their families, (d) provide reports as requested by the division, and (e) engage in such other activities as directed or authorized by the division.

(3) This section terminates on July 1, 2026.

Laws 2004, LB 1083, § 15;

Laws 2005, LB 551, § 5;

Laws 2006, LB 994, § 94;

Laws 2025, LB346, § 36.