FrankGoortani/open-us-law huggingface dataset:
Neb. Rev. Stat. § 68-921 — NE Code / Chapter 68 / Section 68-921
View Statute 68-921
Status: in_force

For purposes of sections 68-921 to 68-925 :

(1) Assets means property which is not exempt from consideration in determining eligibility for medical assistance under rules and regulations adopted and promulgated under section 68-922 ;

(2) Community spouse monthly income allowance means the amount of income determined by the department in accordance with section 1924 of the federal Social Security Act, as amended, Public Law 100-360, 42 U.S.C. 1396r-5;

(3) Community spouse resource allowance means the amount of assets determined in accordance with section 1924 of the federal Social Security Act, as amended, Public Law 100-360, 42 U.S.C. 1396r-5. For purposes of 42 U.S.C. 1396r-5(f)(2)(A)(i), the amount specified by the state shall be twelve thousand dollars;

(4) Home and community-based services means services furnished under home and community-based waivers as defined in Title XIX of the federal Social Security Act, as amended, 42 U.S.C. 1396;

(5) Qualified applicant means a person (a) who applies for medical assistance on or after July 9, 1988, (b) who is under care in a state-licensed hospital, a nursing facility, an intermediate care facility for persons with developmental disabilities, an assisted-living facility, or a center for the developmentally disabled, as such terms are defined in the Health Care Facility Licensure Act, or an adult family home certified by the department or is receiving home and community-based services, and (c) whose spouse is not under such care or receiving such services and is not applying for or receiving medical assistance;

(6) Qualified recipient means a person (a) who has applied for medical assistance before July 9, 1988, and is eligible for such assistance, (b) who is under care in a facility certified to receive medical assistance funds or is receiving home and community-based services, and (c) whose spouse is not under such care or receiving such services and is not applying for or receiving medical assistance; and

(7) Spouse means the spouse of a qualified applicant or qualified recipient.

Laws 1988, LB 419, § 1;

Laws 1989, LB 362, § 11;

Laws 1991, LB 244, § 1;

Laws 1996, LB 1044, § 336;

Laws 1997, LB 608, § 4;

Laws 2000, LB 819, § 81;

R.S.1943, (2003), § 68-1038;

Laws 2006, LB 1248, § 21;

Laws 2007, LB185, § 3;

Laws 2007, LB296, § 250;

Laws 2013, LB23, § 14.

Health Care Facility Licensure Act, see section 71-401 .
Neb. Rev. Stat. § 32-1503 — NE Code / Chapter 32 / Section 32-1503
View Statute 32-1503
Status: in_force

Any person who (1) falsely impersonates an elector and registers or attempts or offers to register in the name of such elector, (2) knowingly or fraudulently registers or offers to, attempts to, or makes application to register in or under the name of any other person, in or under any false, assumed, or fictitious name, or in or under any name not his or her own, (3) knowingly or fraudulently registers in two election districts, (4) having registered in one district, fraudulently attempts or offers to register at any other election district in which he or she does not have a lawful right to register, (5) knowingly or willfully does any unlawful act to secure registration for himself or herself or any other person, (6) knowingly, willfully, or fraudulently, by false impersonation or by any unlawful means, causes, procures, or attempts to cause or procure the name of any registered voter in any election precinct to be erased or stricken from any register of the voters of such precinct, (7) by force, threat, menace, intimidation, bribery, reward, offer or promise of reward, or other unlawful means, prevents, hinders, or delays any person having a lawful right to register or to be registered from duly exercising such right, (8) knowingly, willfully, or fraudulently compels, induces, or attempts or offers to compel or induce, by any unlawful means, any deputy registrar to register any person not lawfully entitled to registration in such precinct or to register any false, assumed, or fictitious name or any name of any other person, (9) knowingly, willfully, or fraudulently interferes with, hinders, or delays any deputy registrar in the discharge of his or her duties, (10) counsels, advises, induces, or attempts to induce any deputy registrar to refuse to perform or neglect to comply with his or her duties or to violate any of the provisions of the Election Act, or (11) aids, counsels, procures, or advises any person to do any act forbidden by this section or to omit to do any act by law directed to be done shall be guilty of a Class IV felony.

Laws 1994, LB 76, § 402.
Neb. Rev. Stat. § 21-2982 — NE Code / Chapter 21 / Section 21-2982
View Statute 21-2982
Status: in_force

(1) A member does not have a right to withdraw as a member of a limited cooperative association but has the power to withdraw.

(2) Unless otherwise provided by the articles of organization or bylaws, a member is dissociated from a limited cooperative association upon the occurrence of any of the following events:

(a) The limited cooperative association's having notice in a record of the person's express will to withdraw as a member or to withdraw on a later date specified by the person;

(b) An event provided in the articles of organization or bylaws as causing the person's dissociation as a member;

(c) The person's expulsion as a member pursuant to the articles of organization or bylaws;

(d) The person's expulsion as a member by the board of directors if:

(i) It is unlawful to carry on the limited cooperative association's activities with the person as a member;

(ii) Subject to section 21-2947 , there has been a transfer of all of the person's financial rights in the limited cooperative association;

(iii) The person is a corporation or association whether or not organized under the Nebraska Limited Cooperative Association Act; and:

(A) The limited cooperative association notifies the person that it will be expelled as a member because it has filed a statement of intent to dissolve or articles of dissolution, it has been administratively or judicially dissolved, its charter has been revoked, or its right to conduct business has been suspended by the jurisdiction of its organization; and

(B) Within ninety days after the person receives the notification described in subdivision (2)(d)(iii)(A) of this section, there is no revocation of the certificate of dissolution or no reinstatement of its charter or its right to conduct business; or

(iv) The person is a limited liability company, association, whether or not organized under the act, or partnership that has been dissolved and whose business is being wound up;

(e) In the case of a person who is an individual, the person's death;

(f) In the case of a person that is a trust, distribution of the trust's entire financial rights in the limited cooperative association, but not merely by the substitution of a successor trustee;

(g) In the case of a person that is an estate, distribution of the estate's entire financial interest in the limited cooperative association, but not merely by the substitution of a successor personal representative;

(h) Termination of a member that is not an individual, partnership, limited liability company, limited cooperative association, whether or not organized under the act, corporation, trust, or estate; or

(i) The limited cooperative association's participation in a merger or consolidation, if, under the plan of merger or consolidation as approved under section 21-29,122 , the person ceases to be a member.

Laws 2007, LB368, § 82;

Laws 2008, LB848, § 24.
Neb. Rev. Stat. § 23-174.09 — NE Code / Chapter 23 / Section 23-174.09
View Statute 23-174.09
Status: in_force

There may be created a board of zoning appeals comprised of five members appointed by the county board, which board shall have power to hear and decide appeals from any decision or order of the building inspector or other officers charged with the enforcement of the zoning resolution in those cases where it is alleged that such decision or order is in error. The board shall also have power to decide upon petitions for variances and, subject to such standards and procedures as the county board may provide in the zoning resolution, to vary the strict application of the height, area, parking, or density requirements to the extent necessary to permit the owner a reasonable use of his land in those specific instances where there are peculiar, exceptional, and unusual circumstances in connection with a specific parcel of land, which circumstances are not generally found within the locality or neighborhood concerned. The board may also have such related duties as the county board may assign. The county board may provide for appeals from a decision of the board.

Laws 1961, c. 87, § 14, p. 307.

For authorization to act for a municipality, see section 19-912.01 .
Neb. Rev. Stat. § 32-1042 — NE Code / Chapter 32 / Section 32-1042
View Statute 32-1042
Status: in_force

The governing body of any county may purchase, lease, lease-purchase, rent, or contract for voting systems approved by the Secretary of State to be used in all elections. The governing body of any county may issue bonds, certificates of indebtedness, or other obligations or levy for the purpose of acquiring voting systems. Any excess amounts levied and collected shall revert to the county general fund. Any bonds, certificates, or other obligations may be issued with or without interest and may be payable at such time or times as the governing body may determine but shall not be issued or sold at less than par. The governing body of the county may provide for installment payments which extend over a period of more than one year notwithstanding sections 23-132 and 23-916 .

Laws 1994, LB 76, § 336;

Laws 1996, LB 1114, § 53;

Laws 2003, LB 358, § 38.
Neb. Rev. Stat. § 18-623 — NE Code / Chapter 18 / Section 18-623
View Statute 18-623
Status: in_force

The governing body of a city or village shall, after agreeing with a railroad company or companies as provided in section 18-618 or after an order, other than one of dismissal, of the governing body, sitting as a board of equalization as provided in sections 18-620 to 18-622 , at the next general election or at a special election called for the purpose, submit to the electors of the city or village the question of whether such city or village and railroad company or companies shall construct and maintain a viaduct or subway in accordance with any agreement made or in accordance with the order of the governing body of such city or village, and whether such city or village shall have the power to levy taxes or borrow money and pledge the property and credit of such city or village upon its negotiable bonds to pay its proportion of all costs connected therewith. The ballot shall contain concise statements, to be prepared by the city attorney or village attorney, of the original ordinance declaring the necessity and, if such viaduct or subway is to be constructed under the provisions of any agreement, a concise statement of the provisions of the agreement or, if it is to be constructed by virtue of an order of the governing body, a concise statement of such order, and in any instance a statement of the estimated amount of the costs of the construction and maintenance of such viaduct or subway, including the cost of acquisition of or damage to property to be borne by such city or village and the method by which the share of such costs of such city or village is to be obtained. The city or village may, at its option, proceed with such election notwithstanding the pendency of any appeal of any railroad company as provided in section 18-622 .

Laws 1949, c. 28, § 5, p. 105;

Laws 2021, LB163, § 58.
Neb. Rev. Stat. § 39-2401 — NE Code / Chapter 39 / Section 39-2401
View Statute 39-2401
Status: in_force

There is hereby established the Highway Allocation Fund. There shall be paid into such fund the amounts disbursed from time to time from the Highway Trust Fund as provided by law together with such sums as may be appropriated thereto from the General Fund and proceeds of sales and use taxes credited to the Highway Allocation Fund under section 77-27,132 . Any money in the fund available for investment shall be invested by the state investment officer pursuant to the Nebraska Capital Expansion Act and the Nebraska State Funds Investment Act.

Laws 1971, LB 53, § 5;

Laws 1986, LB 599, § 12;

Laws 1995, LB 7, § 37;

Laws 2006, LB 904, § 1.

Nebraska Capital Expansion Act, see section 72-1269 .

Nebraska State Funds Investment Act, see section 72-1260 .
Neb. Rev. Stat. § 38-170 — NE Code / Chapter 71 / Section 38-170
38-170
Status: in_force

The department shall, as far as practicable, provide for the conducting of the business of the boards by mail and may hold meetings by virtual conferencing subject to the Open Meetings Act. Any official action or vote of the members of a board taken by mail shall be preserved in the records of the department and shall be recorded in the board's minutes by the department.

Laws 1927, c. 167, § 21, p. 459;

C.S.1929, § 71-311;

Laws 1943, c. 150, § 9, p. 541;

R.S.1943, § 71-121;

Laws 1978, LB 406, § 8;

Laws 1979, LB 427, § 11;

Laws 1985, LB 129, § 9;

Laws 1986, LB 926, § 8;

Laws 1988, LB 1100, § 12;

Laws 1997, LB 307, § 114;

Laws 1999, LB 828, § 25;

Laws 2004, LB 821, § 16;

R.S.Supp.,2006, § 71-121;

Laws 2007, LB463, § 70;

Laws 2021, LB83, § 4.

Open Meetings Act, see section 84-1407 .
Neb. Rev. Stat. § 71-2481 — NE Code / Chapter 71 / Section 71-2481
71-2481
Status: in_force

No person shall, within this state, manufacture for sale therein or have in his or her possession with intent to sell, offer or expose for sale, or sell any remedies, medicines, or drugs which are adulterated or misbranded.

Laws 1941, c. 141, § 12, p. 561;

C.S.Supp.,1941, § 81-931;

R.S.1943, § 81-624;

R.S.1943, (2009), § 71-2405;

Laws 2015, LB37, § 25.
Neb. Rev. Stat. § 2-2622 — NE Code / Chapter 2 / Section 2-2622
View Statute 2-2622
Status: in_force

Sections 2-2622 to 2-2659 shall be known and may be cited as the Pesticide Act.

Laws 1993, LB 588, § 1;

Laws 2002, LB 436, § 1;

Laws 2010, LB254, § 1.
Neb. Rev. Stat. § 71-3706 — NE Code / Chapter 71 / Section 71-3706
View Statute 71-3706
Status: in_force

It is the intent of the Legislature to appropriate five hundred thousand dollars from the Nebraska Health Care Cash Fund annually beginning in fiscal year 2020-21 to the Brain Injury Assistance Program for purposes of carrying out the Brain Injury Assistance Act.

Laws 2019, LB481, § 6;

Laws 2022, LB971, § 5.
Neb. Rev. Stat. § 57-230 — NE Code / Chapter 57 / Section 57-230
View Statute 57-230
Status: in_force

If the court shall find that the severed mineral interest has been abandoned, it shall enter judgment terminating and extinguishing it, canceling it of record, and vesting the title thereto in the owner or owners of the interest in the surface from which it was originally severed in the proportions in which they own such interest in the surface.

Laws 1967, c. 348, § 3, p. 926.

Sections 57-228 to 57-231 which declared that mineral rights were abandoned unless the record owner had exercised ownership rights within twenty-three years immediately prior to the filing of an action to cancel the severed mineral interest, are unconstitutional insofar as the statutory provisions could be interpreted to be retroactive in their operation. Monahan Cattle Co. v. Goodwin, 201 Neb. 845, 272 N.W.2d 774 (1978); Wheelock & Manning 00 Ranches, Inc. v. Heath, 201 Neb. 835, 272 N.W.2d 768 (1978).

Sections 57-228 to 57-231 which declared that mineral rights were abandoned unless the record owner had exercised ownership rights within twenty-three years immediately prior to the filing of an action to cancel the severed mineral interest, are unconstitutional insofar as the statutory provisions could be interpreted to be retroactive in their operation. Monahan Cattle Co. v. Goodwin, 201 Neb. 845, 272 N.W.2d 774 (1978); Wheelock & Manning 00 Ranches, Inc. v. Heath, 201 Neb. 835, 272 N.W.2d 768 (1978).
Neb. Rev. Stat. § 3-319 — NE Code / Chapter 3 / Section 3-319
View Statute 3-319
Status: in_force

All airport zoning regulations adopted under the Airport Zoning Act shall provide for the administration and enforcement of such regulations by an administrative agency which may be an agency created by such regulations or any official, board, or other existing agency of the political subdivision adopting the regulations. In the case of airport zoning regulations adopted by a joint airport zoning board, each of the political subdivisions which participated in the creation of the joint airport zoning board shall create or designate an official or an administrative agency to administer and enforce the airport zoning regulations within its respective zoning jurisdiction. The duties of any official or administrative agency designated pursuant to the act shall include that of reviewing and acting upon all applications for permits under the airport zoning regulations, but such agency shall not have or exercise any of the powers herein delegated to the board of adjustment. In no event shall such official or administrative agency be or include any member of the board of adjustment.

Laws 1945, c. 233, § 9, p. 687;

Laws 2013, LB140, § 14.
Neb. Rev. Stat. § 23-501 — NE Code / Chapter 23 / Section 23-501
View Statute 23-501
Status: in_force

Whenever it is deemed necessary to erect a courthouse, jail, or other public county buildings in any county in this state, the county board may and, upon petition of not less than one-fourth of the registered voters of the county as shown by the list of registered voters of the last previous general election, shall submit to the people of the county to be voted upon at a general election or at a special election called by the county board for that purpose a proposition to vote a special annual tax for that purpose of not to exceed three and five-tenths cents on each one hundred dollars upon the taxable value of all the taxable property in such county for a term of not to exceed five years. The special annual tax is excluded from the limitation in section 77-3442 as provided by section 77-3444 .

Laws 1895, c. 27, § 1, p. 129;

Laws 1897, c. 22, § 1, p. 187;

Laws 1909, c. 31, § 1, p. 213;

R.S.1913, § 436;

C.S.1922, § 353;

C.S.1929, § 11-701;

R.S.1943, § 23-501;

Laws 1953, c. 287, § 47, p. 958;

Laws 1979, LB 187, § 120;

Laws 1992, LB 719A, § 104;

Laws 1997, LB 764, § 7;

Laws 1999, LB 141, § 5.

Authority to borrow money for the purpose of building a courthouse must be conferred by a vote of the electors. Lewis v. Board of County Commissioners of Sherman County, 5 F. 269 (Cir. Ct., D. Neb. 1881).

Authority to borrow money for the purpose of building a courthouse must be conferred by a vote of the electors. Lewis v. Board of County Commissioners of Sherman County, 5 F. 269 (Cir. Ct., D. Neb. 1881).
Neb. Rev. Stat. § 29-1902 — NE Code / Chapter 29 / Section 29-1902
View Statute 29-1902
Status: in_force

If the subpoena be served by such special deputy, it shall be his duty, after serving the same, to return thereon the manner in which the same was served; and also to make oath or affirmation to the truth of such return, before some person competent to administer oaths, which shall be endorsed on such writ; and the same shall be returned according to the command thereof by the person serving the same through the post office or otherwise.

G.S.1873, c. 58, § 460, p. 824;

R.S.1913, § 9100;

C.S.1922, § 10125;

C.S.1929, § 29-1902;

R.S.1943, § 29-1902.
Neb. Rev. Stat. § 44-2825 — NE Code / Chapter 44 / Section 44-2825
View Statute 44-2825
Status: in_force

(1) The total amount recoverable under the Nebraska Hospital-Medical Liability Act from any and all health care providers and the Excess Liability Fund for any occurrence resulting in any injury or death of a patient may not exceed (a) five hundred thousand dollars for any occurrence on or before December 31, 1984, (b) one million dollars for any occurrence after December 31, 1984, and on or before December 31, 1992, (c) one million two hundred fifty thousand dollars for any occurrence after December 31, 1992, and on or before December 31, 2003, (d) one million seven hundred fifty thousand dollars for any occurrence after December 31, 2003, and on or before December 31, 2014, and (e) two million two hundred fifty thousand dollars for any occurrence after December 31, 2014.

(2) A health care provider qualified under the act shall not be liable to any patient or his or her representative who is covered by the act for an amount in excess of eight hundred thousand dollars for all claims or causes of action arising from any occurrence during the period that the act is effective with reference to such patient.

(3) Subject to the overall limits from all sources as provided in subsection (1) of this section, any amount due from a judgment or settlement which is in excess of the total liability of all liable health care providers shall be paid from the Excess Liability Fund pursuant to sections 44-2831 to 44-2833 .

(4) Nothing in the Nebraska Hospital-Medical Liability Act shall be construed to require the Excess Liability Fund to provide coverage for the first eight hundred thousand dollars per occurrence or to provide a defense for or on behalf of a qualified health care provider after the provider's annual aggregate limit of liability amount set forth in sections 44-2824 and 44-2827 has been exhausted. A qualified health care provider's purchase of coverage with an aggregate limit of liability higher than required by sections 44-2824 and 44-2827 shall not affect the obligation of payment from the Excess Liability Fund pursuant to this section.

Laws 1976, LB 434, § 25;

Laws 1984, LB 692, § 8;

Laws 1986, LB 1005, § 2;

Laws 1992, LB 1006, § 18;

Laws 2003, LB 146, § 1;

Laws 2004, LB 998, § 2;

Laws 2014, LB961, § 3;

Laws 2023, LB92, § 58.

The cap on damages in subsection (1) of this section does not violate principles of special legislation, equal protection, the open courts provision, the right to a remedy, the right to a jury trial, the taking of property, and the separation of powers. Gourley v. Nebraska Methodist Health Sys., 265 Neb. 918, 663 N.W.2d 43 (2003).

The cap on damages in subsection (1) of this section does not violate principles of special legislation, equal protection, the open courts provision, the right to a remedy, the right to a jury trial, the taking of property, and the separation of powers. Gourley v. Nebraska Methodist Health Sys., 265 Neb. 918, 663 N.W.2d 43 (2003).
Neb. Rev. Stat. § 19-2420 — NE Code / Chapter 19 / Section 19-2420
View Statute 19-2420
Status: in_force

A city of the first class or city of the second class may acquire by gift or purchase from the federal government or any agency thereof sewer lines and sewage disposal systems, waterworks, and water distribution systems, whether within or without the corporate limits, and operate and extend the same, even though such system or systems are or may be and continue to be wholly disconnected and separate from any such utility system already belonging to such city, when, in the judgment of the mayor and city council of such a city not having a board of public works or of its board of public works in such a city having such board, it is beneficial to such city to do so. For the purpose of acquiring, maintaining, operating, and extending any such system, any such city may use funds from any sewer, water, or electrical system presently owned and operated by it, without prior appropriation of such funds, and any other funds lawfully available for such purpose.

Rates charged for the use of any system or works acquired under this section shall be reasonable and based on cost properly allocable to the customers of such system.

Laws 1967, c. 88, § 1, p. 277;

Laws 2019, LB193, § 158.