FrankGoortani/open-us-law huggingface dataset:
Neb. Rev. Stat. § 32-313 — NE Code / Chapter 32 / Section 32-313
View Statute 32-313
Status: in_force

(1) No person is qualified to vote or to register to vote who is non compos mentis or who has been convicted of treason under the laws of the state or of the United States unless restored to civil rights. No person who has been convicted of a felony under the laws of this state or any other state is qualified to vote or to register to vote until the sentence is completed, including any parole term. The disqualification is automatically removed at such time.

(2) The clerk of any court in which a person is convicted of a felony shall prepare an abstract each month of each final judgment served by the clerk convicting an elector of a felony. The clerk shall file the abstract with the election commissioner or county clerk of the elector's county of residence not later than the tenth day of the month following the month in which the abstract is prepared. The clerk of the court shall notify the election commissioner or county clerk in writing if any such conviction is overturned.

(3) Upon receiving notification from the United States Attorney of a felony conviction of a Nebraska resident in federal court or of the overturning of any such conviction, the Secretary of State shall forward the notice to the election commissioner or county clerk of the county of such person's residence. The election commissioner or county clerk shall remove the name of such person from the voter registration register upon receipt of notice of conviction.

Laws 1994, LB 76, § 75;

Laws 1999, LB 234, § 2;

Laws 2005, LB 53, § 5;

Laws 2024, LB20, § 5.

This section does not require the Secretary of State to take some affirmative act to remove the disqualification of individuals convicted of a felony as soon as they complete their sentence. State ex rel. Spung v. Evnen, 317 Neb. 800, 12 N.W.3d 229 (2024).

This section does not require the Secretary of State to take some affirmative act to remove the disqualification of individuals convicted of a felony as soon as they complete their sentence. State ex rel. Spung v. Evnen, 317 Neb. 800, 12 N.W.3d 229 (2024).

A person convicted of a felony is not deprived of any right or privilege except as provided for by the Constitution and statutes. Bosteder v. Duling, 115 Neb. 557, 213 N.W. 809 (1927).

A person convicted of a felony is not deprived of any right or privilege except as provided for by the Constitution and statutes. Bosteder v. Duling, 115 Neb. 557, 213 N.W. 809 (1927).

A person convicted of a misdemeanor is not thereby deprived of his right to vote. Gandy v. State, 10 Neb. 243, 4 N.W. 1019 (1880).

A person convicted of a misdemeanor is not thereby deprived of his right to vote. Gandy v. State, 10 Neb. 243, 4 N.W. 1019 (1880).
Neb. Rev. Stat. § 30-3001 — NE Code / Chapter 30 / Section 30-3001
View Statute 30-3001
Status: in_force

Whenever, upon the filing of a petition for probate or administration or thereafter in the administration of any estate, it shall appear that all or any part of the estate is bequeathed or devised or will escheat to the State of Nebraska, the county judge shall, before the appointment of a personal representative, notify the Attorney General of Nebraska by mail of the pendency of such administration and of the probable interests of the state.

Laws 1978, LB 863, § 1.
Neb. Rev. Stat. § 39-1638 — NE Code / Chapter 39 / Section 39-1638
View Statute 39-1638
Status: in_force

For purposes of the Rural Road Improvement District Act, unless the context otherwise requires:

(1) Persons shall include individuals, corporations, partnerships, and limited liability companies;

(2) Board, board of county commissioners, or board of county supervisors shall mean the governing body of the county; and

(3) Improvement shall mean the completed road and all work incidental thereto.

Laws 1963, c. 213, § 1, p. 680;

Laws 1981, LB 200, § 1;

Laws 1993, LB 121, § 212.
Neb. Rev. Stat. § 22-101 — NE Code / Chapter 22 / Section 22-101
View Statute 22-101
Status: in_force

The county of Adams is bounded as follows: Commencing at the southwest corner of township five, north, of range twelve, west; thence east to the southeast corner of township five, north, of range nine, west; thence north to the northeast corner of township eight, north, of range nine, west; thence west to the northwest corner of township eight, north, of range twelve, west; thence south to the place of beginning.

G.S.1873, c. 12, § 2, p. 212;

R.S.1913, § 813;

C.S.1922, § 715;

C.S.1929, § 25-102;

R.S.1943, § 22-101.
Neb. Rev. Stat. § 25-2305 — NE Code / Chapter 25 / Section 25-2305
View Statute 25-2305
Status: in_force

In civil or criminal cases in which a party is permitted to proceed in forma pauperis, the court shall direct that the expenses of printing the record on appeal, if such printing is required by the appellate court, be paid by the county in the same manner as other claims are paid.

Laws 1972, LB 1120, § 5;

Laws 1999, LB 689, § 8.

To be effective, a poverty affidavit must show on its face, by the certificate of an authorized officer before whom it is taken, evidence that it was duly sworn to by the party making the affidavit. State v. Hunter, 234 Neb. 567, 451 N.W.2d 922 (1990).

To be effective, a poverty affidavit must show on its face, by the certificate of an authorized officer before whom it is taken, evidence that it was duly sworn to by the party making the affidavit. State v. Hunter, 234 Neb. 567, 451 N.W.2d 922 (1990).
Neb. Rev. Stat. § 55-439 — NE Code / Chapter 55 / Section 55-439
View Statute 55-439
Status: in_force

In acting on the findings and sentence of a court-martial, the convening authority may approve only such findings of guilty, and the sentence or such part or amount of the sentence, as he finds correct in law and fact and as he in his discretion determines should be approved. Unless he indicates otherwise, approval of the sentence is approval of the findings and sentence.

Laws 1969, c. 458, § 39, p. 1570.
Neb. Rev. Stat. § 60-352.01 — NE Code / Chapter 60 / Section 60-352.01
View Statute 60-352.01
Status: in_force

Temporarily handicapped or disabled person means any handicapped or disabled person whose personal mobility is expected to be limited as described in section 60-331.02 for no longer than one year.

Laws 2011, LB163, § 21.
Neb. Rev. Stat. § 30-3883 — NE Code / Chapter 30 / Section 30-3883
View Statute 30-3883
Status: in_force

(a) Except as otherwise provided in subsection (b) of this section, a trustee who invests and manages trust assets owes a duty to the beneficiaries of the trust to comply with the prudent investor rule set forth in sections 30-3883 to 30-3889 .

(b) The prudent investor rule, a default rule, may be expanded, restricted, eliminated, or otherwise altered by the provisions of a trust. A trustee is not liable to a beneficiary to the extent that the trustee acted in reasonable reliance on the provisions of the trust.

Laws 1997, LB 54, § 2;

R.S.1943, (1997), § 8-2202;

Laws 2003, LB 130, § 83.
Neb. Rev. Stat. § 12-510 — NE Code / Chapter 12 / Section 12-510
View Statute 12-510
Status: in_force

Such association shall be authorized to receive as trustee, money and other personal property, and real estate and interests therein, transferred or conveyed to it in trust for the purpose of providing for the care, embellishment or decoration of burial lots, graves, tombs, vaults, crypts, niches, tombstones, and other monuments and decorations. It shall have power to administer such trust and to invest and perpetuate such trust funds, under such terms and conditions as may be prescribed by the bylaws of such association, and shall have power to enter into contracts with the owners of such graves, vaults, burial lots, crypts, niches, or other places for the disposal of the dead, for the perpetual care thereof. Said trusts shall be known as perpetual special care trusts, and shall be invested and from time to time reinvested and kept invested in securities authorized by the laws of Nebraska for the investment of trust funds. The income earned thereon shall be used solely for the purposes of perpetual special care as set forth in the respective trust agreements made between the association and said donors. A separate individual account shall be kept by the association of each of the perpetual special care trusts so that the condition of each may be determined on the books of the association at any time; but said perpetual special care trust funds may be commingled for investment, in which event the income therefrom shall be divided between the various perpetual special care trusts in the proportion that each trust fund contributes to the principal sum so invested. All such funds shall be held in the name of the cemetery association as trustee, except as hereinafter provided.

Laws 1905, c. 39, § 1, p. 276;

Laws 1911, c. 27, § 1, p. 177;

R.S.1913, § 683;

Laws 1917, c. 12, § 1, p. 72;

C.S.1922, § 592;

Laws 1925, c. 138, § 1, p. 366;

C.S.1929, § 13-505;

Laws 1941, c. 18, § 1, p. 104;

C.S.Supp.,1941, § 13-505;

R.S.1943, § 12-510.

This section deals with the subject of specific gifts for special purposes. Root v. Morning View Cemetery Assn., 174 Neb. 438, 118 N.W.2d 633 (1962).

This section deals with the subject of specific gifts for special purposes. Root v. Morning View Cemetery Assn., 174 Neb. 438, 118 N.W.2d 633 (1962).

Cemetery association had authority to receive property as trustee. Tetschner v. Cram, 157 Neb. 734, 61 N.W.2d 378 (1953).

Cemetery association had authority to receive property as trustee. Tetschner v. Cram, 157 Neb. 734, 61 N.W.2d 378 (1953).
Neb. Rev. Stat. § 44-790.01 — NE Code / Chapter 44 / Section 44-790.01
View Statute 44-790.01
Status: in_force

(1) Except as provided in subsection (3) of this section, beginning January 1, 2024, and notwithstanding section 44-3,131 , (a) any individual or group sickness and accident insurance policy or subscriber contract delivered, issued for delivery, or renewed in this state and any hospital, medical, or surgical expense-incurred policy, except for policies that provide coverage for a specified disease or other limited-benefit coverage, and (b) any self-funded employee benefit plan to the extent not preempted by federal law, which provides reimbursement for prescription insulin drugs shall limit the total amount that a covered individual is required to pay for each covered prescription insulin drug on the policy's, contract's, or plan's lowest brand or generic tier to a maximum of thirty-five dollars per thirty-day supply of insulin, regardless of the amount needed.

(2) Nothing in this section prevents a policy, contract, or plan from reducing the total amount that a covered individual is required to pay for each covered prescription insulin drug to an amount less than the maximum specified in subsection (1) of this section.

(3) If, due to a national shortage of an insulin drug, a covered individual cannot access a covered prescription insulin drug on the lowest brand or generic tier of the policy, contract, or plan, the policy, contract, or plan shall ensure access to an insulin drug at a maximum of thirty-five dollars per thirty-day supply, until such time that the national shortage ends to prevent disruptions in patient access to insulin.

(4) For purposes of this section, prescription insulin drug means a prescription drug that contains insulin and is used to treat diabetes.

Laws 2023, LB92, § 86.
Neb. Rev. Stat. § 25-1673 — NE Code / Chapter 25 / Section 25-1673
25-1673
Status: in_force

(1) It shall be unlawful for a jury commissioner, any clerk or deputy thereof, or any person who may obtain access to any record showing the names of persons drawn to serve as grand or petit jurors to disclose to any person, except to other officers in carrying out official duties or as provided in the Jury Selection Act, the name of any person so drawn or to permit any person to examine such record or to make a list of such names, except under order of the court. The application for such an order shall be filed in the form of a motion in the office of the clerk of the district court, containing the signature and residence of the applicant or his or her attorney and stating all the grounds on which the request for such order is based. Such order shall not be made except for good cause shown in open court and it shall be spread upon the record of the court. Any person violating any of the provisions of this section shall be guilty of a Class IV felony. Notwithstanding the foregoing provisions of this section, the judge or judges in any district may, in his, her, or their discretion, provide by express order for the disclosure of the names of persons drawn for actual service as grand or petit jurors.

(2) Notwithstanding subsection (1) of this section, the Supreme Court or an agent of the Supreme Court acting under the direction and supervision of the Chief Justice shall have access to juror qualification forms for research purposes. The Supreme Court and its agent shall treat such information as confidential, and nothing identifying any individual shall be released.

Laws 1915, c. 248, § 11, p. 573;

C.S.1922, § 9105;

C.S.1929, § 20-1635;

R.S.1943, § 25-1635;

Laws 1949, c. 56, § 1, p. 167;

Laws 1953, c. 72, § 14, p. 235;

Laws 1977, LB 40, § 102;

Laws 2005, LB 105, § 2;

Laws 2018, LB193, § 31;

R.S.Supp.,2018, § 25-1635;

Laws 2020, LB387, § 30.

Absent a reasonable ground for investigating jury misconduct or corruption, a party cannot use posttrial interviews with jurors as a "fishing expedition" to find some reason to attack a verdict. Golnick v. Callender, 290 Neb. 395, 860 N.W.2d 180 (2015).

Absent a reasonable ground for investigating jury misconduct or corruption, a party cannot use posttrial interviews with jurors as a "fishing expedition" to find some reason to attack a verdict. Golnick v. Callender, 290 Neb. 395, 860 N.W.2d 180 (2015).

Because there is no constitutional right to obtain information about a jury's deliberations, a court's discretion under this section to disclose juror information for good cause shown after a verdict should be tempered by the restrictions imposed under section 27-606(2). Golnick v. Callender, 290 Neb. 395, 860 N.W.2d 180 (2015).

Because there is no constitutional right to obtain information about a jury's deliberations, a court's discretion under this section to disclose juror information for good cause shown after a verdict should be tempered by the restrictions imposed under section 27-606(2). Golnick v. Callender, 290 Neb. 395, 860 N.W.2d 180 (2015).
Neb. Rev. Stat. § 44-4414 — NE Code / Chapter 44 / Section 44-4414
View Statute 44-4414
Status: in_force

(1) A risk retention group shall not join or contribute financially to any insurance insolvency guaranty fund or similar mechanism in this state nor shall any risk retention group or its insureds receive any benefit from any such fund for claims arising out of operations of such risk retention group.

(2) When a purchasing group obtains insurance covering its members' risks from an insurer not admitted in this state or a risk retention group, no such risks, wherever resident or located, shall be covered by any insurance insolvency guaranty fund or similar mechanism in this state.

(3) When a purchasing group obtains insurance covering its members' risks from an insurer admitted in this state, only risks resident or located in this state shall be covered by the Nebraska Property and Liability Insurance Guaranty Association Act.

Laws 1987, LB 514, § 14;

Laws 1991, LB 236, § 53.

Nebraska Property and Liability Insurance Guaranty Association Act, see section 44-2418 .
Neb. Rev. Stat. § 43-428 — NE Code / Chapter 43 / Section 43-428
View Statute 43-428
Status: in_force

(1) The Department of Health and Human Services shall develop an emergency plan for the Youth Rehabilitation and Treatment Center-Geneva, the Youth Rehabilitation and Treatment Center-Kearney, and any other facility operated and utilized as a youth rehabilitation and treatment center in compliance with state law.

(2) Each emergency plan shall:

(a) Identify and designate temporary placement facilities for the placement of juveniles in the event a youth rehabilitation and treatment center must be evacuated due to an emergency as defined in section 43-403 . The administrator of a proposed temporary placement facility shall consent to be designated as a temporary placement facility in the emergency plan. A criminal detention facility or a juvenile detention facility shall only be designated as a temporary placement facility pursuant to section 43-430 ;

(b) Identify barriers to implementation of an effective emergency plan, including necessary administrative or legislative changes;

(c) Include procedures for the Office of Juvenile Services to provide reliable, effective, and timely notification that an emergency plan is to be implemented to:

(i) Staff at the youth rehabilitation and treatment center where the emergency plan is implemented and the administrator and staff at the temporary placement facility;

(ii) Juveniles placed at the youth rehabilitation and treatment center;

(iii) Families and legal guardians of juveniles placed at the youth rehabilitation and treatment center;

(iv) The State Court Administrator, in a form and manner prescribed by the State Court Administrator;

(v) The committing court of each juvenile placed at the youth rehabilitation and treatment center;

(vi) The chairperson of the Health and Human Services Committee of the Legislature; and

(vii) The office of Public Counsel and the office of Inspector General of Nebraska Child Welfare;

(d) Detail the plan for transportation of juveniles to a temporary placement facility; and

(e) Include methods and schedules for implementing the emergency plan.

(3) Each emergency plan shall be developed on or before December 15, 2020.

Laws 2020, LB1140, § 6.
Neb. Rev. Stat. § 2-3972 — NE Code / Chapter 2 / Section 2-3972
2-3972
Status: in_force

Whenever a regulatory agency finds milk or milk products being manufactured, processed, transported, distributed, offered for sale, or sold, in violation of the adulteration or misbranding provisions of the Nebraska Milk Act, it shall have the authority to issue and enforce a written or printed stop-sale, stop-use, or removal order to the person in charge of such milk or milk product only if the issuance of such an order is necessary for the protection of the public health, safety, or welfare. Such an order shall specifically describe the nature of the violation found and the precise action necessary to bring the milk or milk products into compliance with the applicable provisions of the act. Such an order shall clearly advise the person in charge of the milk or milk products that he or she may request an immediate hearing before the director or his or her designee on the matter. The issuance of orders under this section shall be limited to instances in which no alternative course of action would sufficiently protect the public health, safety, or welfare.

Laws 1980, LB 632, § 7;

Laws 2001, LB 198, § 4;

R.S.Supp.,2006, § 2-3907;

Laws 2007, LB111, § 8.
Neb. Rev. Stat. § 71-3422 — NE Code / Chapter 71 / Section 71-3422
View Statute 71-3422
Status: in_force

Sections 71-3422 to 71-3437 shall be known and may be cited as the Overdose Fatality Review Teams Act.

Laws 2023, LB227, § 79.
Neb. Rev. Stat. § 48-1008 — NE Code / Chapter 48 / Section 48-1008
View Statute 48-1008
Status: in_force

(1) Any person aggrieved by a suspected violation of the Age Discrimination in Employment Act shall file with the Equal Opportunity Commission a formal complaint in such manner and form prescribed by the commission. The commission shall make an investigation and may initiate an action to enforce the rights of such employee under the provisions of the act. If the commission does not initiate an action within sixty days after receipt of a complaint, the person aggrieved may bring a civil action in any court of competent jurisdiction for such legal or equitable relief as will effectuate the purposes of the act. Filing of an action by either the commission or the person aggrieved shall be a bar to the filing of the action by the other.

(2) A written charge alleging violation of the Age Discrimination in Employment Act shall be filed within three hundred days after the occurrence of the alleged unlawful employment practice, and notice of the charge, including a statement of the date, place, and circumstances of the alleged unlawful employment practice, shall be served upon the person against whom such charge is made within ten days thereafter.

(3) A respondent shall file with the commission a written response to the written charge of violation within thirty days after service upon the respondent. Failure to file a written response within thirty days, except for good cause shown, shall result in a mandatory reasonable cause finding against the respondent by the commission. Failure by any complainant to cooperate with the commission, its investigators, or its staff, except for good cause shown, shall result in dismissal of the complaint by the commission.

(4) In connection with any investigation of a charge filed under this section, the commission or its authorized agents may, at any time after a charge is filed, issue or cause to be served interrogatories and shall have at all reasonable times access to, for the purposes of examination, and the right to copy any evidence or records of any person being investigated or proceeded against that relate to unlawful employment practices covered by the act and are relevant to the charge under investigation. The commission may seek preparation of and judicial enforcement of any legal process or interrogatories through the office of the Attorney General.

Laws 1972, LB 1357, § 6;

Laws 1977, LB 162, § 23;

Laws 1983, LB 424, § 3;

Laws 2007, LB265, § 19.

The thirty-day period herein is a condition precedent to the ripening of the cause of action of an aggrieved employee claiming age discrimination in employment. Equal Opportunity Commission v. Weyerhaeuser Co., 198 Neb. 104, 251 N.W.2d 730 (1977).

The thirty-day period herein is a condition precedent to the ripening of the cause of action of an aggrieved employee claiming age discrimination in employment. Equal Opportunity Commission v. Weyerhaeuser Co., 198 Neb. 104, 251 N.W.2d 730 (1977).
Neb. Rev. Stat. § 28-449 — NE Code / Chapter 28 / Section 28-449
View Statute 28-449
Status: in_force

Any person who sells crystalline iodine to another person shall require photo identification of the purchaser and shall maintain a written record for a period of five years after the sale, including the date of the sale, the name, address, and date of birth of the purchaser, and the quantity purchased.

Laws 2001, LB 113, § 2.
Neb. Rev. Stat. § 45-909 — NE Code / Chapter 45 / Section 45-909
View Statute 45-909
Status: in_force

The director shall approve or deny an application for a license by written order not more than ninety days after the filing of a substantially complete application. Failure of the director to act on a substantially complete application within ninety days shall constitute approval of the application. An order of the director issued pursuant to this section may be appealed, and the appeal shall be in accordance with the Administrative Procedure Act.

Laws 1994, LB 967, § 9.

Administrative Procedure Act, see section 84-920 .
Neb. Rev. Stat. § 38-906 — NE Code / Chapter 38 / Section 38-906
View Statute 38-906
Status: in_force

The practice of a clinical nurse specialist includes health promotion, health supervision, illness prevention, and disease management, including assessing patients, synthesizing and analyzing data, and applying advanced nursing practice. A clinical nurse specialist conducts and applies research, advocates, serves as an agent of change, engages in systems management, and assesses and intervenes in complex health care problems within the selected clinical specialty.

Laws 2005, LB 256, § 4;

R.S.Supp.,2006, § 71-17,120;

Laws 2007, LB463, § 258.