FrankGoortani/open-us-law huggingface dataset:
Neb. Rev. Stat. § 44-2206 — NE Code / Chapter 44 / Section 44-2206
View Statute 44-2206
Status: in_force

The Director of Insurance may issue an order denying the application for authority to issue variable annuities if:

(1) The applicant has failed to comply with any prerequisite of law for the issuance of such license;

(2) The applicant is insolvent or has failed to submit a satisfactory financial statement;

(3) The applicant's condition or method of operation in connection with the issuance of variable annuities is such as to render its operation hazardous to the public, its shareholders, or other policyholders;

(4) The applicant's previous conduct indicates that it is untrustworthy;

(5) The applicant has attempted to obtain such license through willful misrepresentation or fraud;

(6) The applicant has been denied a similar license in any other state; or

(7) The applicant's license to conduct a similar business has been suspended or revoked in any other state.

Laws 1969, c. 358, § 6, p. 1262;

Laws 1989, LB 92, § 195.
Neb. Rev. Stat. § 14-539 — NE Code / Chapter 14 / Section 14-539
View Statute 14-539
Status: in_force

Within a city of the metropolitan class, in case the lots and real estate abutting upon that part of the street ordered paved as shown upon any plat or map are not of uniform depth, as well as in all cases where, in the discretion of the city council sitting as a board of equalization, it is just and proper so to do, such board shall have the right and authority to fix and determine the depth to which the real estate shall be charged and assessed with the cost of such improvement, without regard to the line of such lots. Such assessments shall be fixed and determined upon the basis of benefits accruing to the real estate by reason of such improvement. The provisions of this section, in regard to the depth to which real estate may be charged and assessed, shall apply to all special assessments.

Laws 1921, c. 116, art. IV, § 27, p. 483;

C.S.1922, § 3653;

C.S.1929, § 14-530;

R.S.1943, § 14-539;

Laws 1969, c. 61, § 1, p. 370;

Laws 2022, LB800, § 189.
Neb. Rev. Stat. § 8-320 — NE Code / Chapter 8 / Section 8-320
View Statute 8-320
Status: in_force

Any association may invest its reserve fund for the payment of contingent losses, any reserve fund created to protect against any other contingency, and any portion of its idle funds, not immediately needed to carry on its proper functions, as follows:

(1) In bonds, notes, warrants, or other direct obligations of the United States or of any city, village, county, township, or school, road, water, sewer, paving, drainage, or sanitary and improvement district or any other political subdivision of the State of Nebraska;

(2) In any securities and obligations issued by the Federal Home Loan Bank, the Federal National Mortgage Association, or successor corporations, bonds and debentures issued either singly or collectively by any of the twelve federal land banks, the twelve intermediate credit banks, or the thirteen banks for cooperatives under the supervision of the Farm Credit Administration, and securities of any other federal agency corporation; and

(3) In securities issued pursuant to the Nebraska Business Development Corporation Act.

Any provision of this section to the contrary notwithstanding, an association may make any investment that a federal savings and loan association doing business in this state is or may be authorized to make.

Any association may deposit its funds, or any part thereof, in any national or state bank insured by the Federal Deposit Insurance Corporation or any corporation successor thereto and receive therefor certificates of time or savings deposit or the usual bank passbook credit subject to check or in share accounts of any state or federal savings and loan association the accounts of which are insured by the Federal Deposit Insurance Corporation or any corporation successor thereto.

Laws 1917, c. 10, § 3, p. 68;

Laws 1919, c. 190, tit. V, art. XIX, § 9, p. 727;

C.S.1922, § 8091;

C.S.1929, § 8-309;

Laws 1933, c. 25, § 1, p. 197;

Laws 1935, c. 14, § 3, p. 84;

Laws 1937, c. 14, § 1, p. 119;

Laws 1941, c. 90, § 32, p. 358;

C.S.Supp.,1941, § 8-309;

Laws 1943, c. 14, § 1(2), p. 79;

R.S.1943, § 8-320;

Laws 1955, c. 13, § 1, p. 81;

Laws 1959, c. 263, § 3, p. 922;

Laws 1963, c. 32, § 1, p. 192;

Laws 1992, LB 757, § 5;

Laws 2005, LB 533, § 17.

Nebraska Business Development Corporation Act, see section 21-2101 .
Neb. Rev. Stat. § 38-2052 — NE Code / Chapter 71 / Section 38-2052
38-2052
Status: in_force

Any person who has not been licensed by the department, with the recommendation of the board, and who holds himself or herself out as a physician assistant, or who uses any other term to indicate or imply that he or she is a physician assistant, shall be guilty of a Class IV felony.

Laws 1973, LB 101, § 7;

R.S.Supp.,1973, § 85-179.10;

Laws 1977, LB 39, § 319;

Laws 1985, LB 132, § 7;

R.S.1943, (2003), § 71-1,107.21;

Laws 2007, LB463, § 710.
Neb. Rev. Stat. § 16-674 — NE Code / Chapter 16 / Section 16-674
View Statute 16-674
Status: in_force

The mayor and city council of a city of the first class shall have power to purchase or provide for, establish, construct, extend, enlarge, maintain, operate, and regulate for the city any such waterworks, gas works, power plant, including an electrical distribution facility, electric or other light works, or heating plant, or to condemn and appropriate, for the use of the city, waterworks, gas works, power plant, including an electrical distribution facility, electric or other light works, or heating plant. The procedure to condemn property shall be exercised in the manner set forth in sections 76-704 to 76-724 , except as to property specifically excluded by section 76-703 and as to which sections 19-701 to 19-707 or the Municipal Natural Gas System Condemnation Act is applicable. For purposes of this section, an electrical distribution facility shall be located within the retail service area of such city as approved by and on file with the Nebraska Power Review Board, pursuant to Chapter 70, article 10.

Laws 1901, c. 18, § 54, p. 272;

Laws 1905, c. 23, § 2, p. 244;

Laws 1907, c. 14, § 1, p. 122;

Laws 1909, c. 19, § 1, p. 184;

R.S.1913, § 4954;

Laws 1917, c. 97, § 1, p. 260;

Laws 1919, c. 38, § 1, p. 120;

Laws 1921, c. 169, § 1, p. 661;

C.S.1922, § 4123;

C.S.1929, § 16-652;

Laws 1931, c. 29, § 1, p. 118;

C.S.Supp.,1941, § 16-652;

R.S.1943, § 16-674;

Laws 1951, c. 101, § 53, p. 471;

Laws 1982, LB 875, § 1;

Laws 2002, LB 384, § 24;

Laws 2019, LB194, § 65.

Municipal Natural Gas System Condemnation Act, see section 19-4624 .

Gas company's franchise authorizes it to substitute natural gas for artificial gas, as such substitution carries out the intention of the franchise to insure the best gas available to the users. Central Power Co. v. City of Hastings, 52 F.2d 487 (D. Neb. 1931).

Gas company's franchise authorizes it to substitute natural gas for artificial gas, as such substitution carries out the intention of the franchise to insure the best gas available to the users. Central Power Co. v. City of Hastings, 52 F.2d 487 (D. Neb. 1931).
Neb. Rev. Stat. § 29-1410 — NE Code / Chapter 29 / Section 29-1410
View Statute 29-1410
Status: in_force

Before any witness shall be examined by the grand jury, an oath or affirmation shall be administered to him by the clerk truly to testify of such matters and things as may be lawfully inquired of before the jury, a certificate whereof the clerk shall make and deliver to such witness, who shall present the same to the foreman of the grand jury when he is admitted for examination.

G.S.1873, c. 58, § 401, p. 815;

R.S.1913, § 9040;

C.S.1922, § 10064;

C.S.1929, § 29-1410;

R.S.1943, § 29-1410.

Oath of secrecy of grand jury deliberations is not prohibited. State v. Abboud, 181 Neb. 84, 147 N.W.2d 152 (1966).

Oath of secrecy of grand jury deliberations is not prohibited. State v. Abboud, 181 Neb. 84, 147 N.W.2d 152 (1966).
Neb. Rev. Stat. § 68-1803 — NE Code / Chapter 68 / Section 68-1803
View Statute 68-1803
Status: in_force

(1) Each intermediate care facility for persons with developmental disabilities shall pay a tax equal to a percentage of its net revenue for the most recent State of Nebraska fiscal year. The percentage shall be (a) six percent prior to January 1, 2008, (b) five and one-half percent beginning January 1, 2008, through September 30, 2011, and (c) six percent beginning October 1, 2011.

(2) Taxes collected under this section shall be remitted to the State Treasurer for credit to the ICF/DD Reimbursement Protection Fund.

(3) Taxes collected pursuant to this section shall be reported on a separate line on the cost report of the intermediate care facility for persons with developmental disabilities, regardless of how such costs are reported on any other cost report or income statement. The department shall recognize such tax as an allowable cost within the state plan for reimbursement of intermediate care facilities for persons with developmental disabilities which participate in the medical assistance program. The tax shall be a direct pass-through and shall not be subject to cost limitations.

Laws 2004, LB 841, § 4;

Laws 2006, LB 1248, § 73;

Laws 2007, LB292, § 2;

Laws 2013, LB23, § 18.
Neb. Rev. Stat. § 38-1111.01 — NE Code / Chapter 38 / Section 38-1111.01
View Statute 38-1111.01
Status: in_force

Licensed dental assistant means a dental assistant who holds a license to practice as a dental assistant under the Dentistry Practice Act.

Laws 2017, LB18, § 5.
Neb. Rev. Stat. § 44-4508 — NE Code / Chapter 44 / Section 44-4508
View Statute 44-4508
Status: in_force

Group policy shall mean a long-term care insurance policy which is delivered or issued for delivery in this state and issued to:

(1) One or more employers or labor organizations or a trust or the trustees of a fund established by one or more employers or labor organizations, or a combination thereof, for employees or former employees, or a combination thereof, or for members or former members, or a combination thereof, of the labor organizations;

(2) Any professional, trade, or occupational association for its members or former or retired members, or a combination thereof, if such association:

(a) Is composed of individuals all of whom are or were actively engaged in the same profession, trade, or occupation; and

(b) Has been maintained in good faith for purposes other than obtaining insurance;

(3) An association or a trust or the trustee of a fund established, created, or maintained for the benefit of members of one or more associations. Prior to advertising, marketing, or offering such policy within this state, the association or associations or the insurer of the association or associations shall file evidence with the director that the association or associations have at the outset a minimum of one hundred members, have been organized and maintained in good faith for purposes other than that of obtaining insurance, have been in active existence for at least one year, and have a constitution and bylaws which provide that (a) the association or associations hold regular meetings not less than annually to further purposes of the members, (b) except for credit unions, the association or associations collect dues or solicit contributions from members, and (c) the members have voting privileges and representation on the governing board and committees. Thirty days after such filing, the association or associations shall be deemed to satisfy such organizational requirements unless the director makes a finding that the association or associations do not satisfy those organizational requirements; or

(4) A group other than as described in subdivision (1), (2), or (3) of this section, subject to a finding by the director that:

(a) The issuance of the group policy is not contrary to the best interest of the public;

(b) The issuance of the group policy would result in economies of acquisition or administration; and

(c) The benefits are reasonable in relation to the premiums charged.

Laws 1987, LB 416, § 8;

Laws 1989, LB 92, § 270.
Neb. Rev. Stat. § 15-818 — NE Code / Chapter 15 / Section 15-818
View Statute 15-818
Status: in_force

All municipal taxes and special assessments in a city of the primary class shall be paid in money, or in warrants of the city drawn on the fund for which the same is offered, except that coupons on any bonds of the city shall be received in payment of taxes or special assessments.

Laws 1901, c. 16, § 88, p. 102;

R.S.1913, § 4562;

C.S.1922, § 3949;

C.S.1929, § 15-820;

R.S.1943, § 15-818;

Laws 2020, LB1003, § 140.
Neb. Rev. Stat. § 9-808 — NE Code / Chapter 9 / Section 9-808
View Statute 9-808
Status: in_force

(1) The Tax Commissioner shall employ or contract with such personnel as necessary to carry out the responsibilities of the division. The Tax Commissioner shall employ investigators or security personnel who shall be vested with the authority and power of a law enforcement officer to carry out the laws of this state administered by the Tax Commissioner or the Department of Revenue.

(2) Investigators or security personnel of the division may enter and search premises and seize all relevant materials pursuant to a warrant issued by a court.

(3)(a) Investigators or security personnel shall, as deemed necessary, conduct background investigations of all individuals seeking employment in the division. Such background investigations shall include, but not be limited to, police records checks, conviction records checks, national and statewide criminal records clearinghouse checks, and fingerprint checks.

(b) It shall be a condition of employment in the division that an individual supply investigators or security personnel with his or her fingerprints for the purpose of conducting a background investigation for employment purposes.

(c) Any individual convicted of any crime involving moral turpitude, fraud, theft, theft of services, and theft by deception and any individual whose constitutional rights have been forfeited and not restored shall not be eligible for employment in the division.

(d) All information obtained through a background investigation performed by the division shall be confidential, except that the Tax Commissioner may exchange such confidential information with state, federal, and local law enforcement agencies.

Laws 1991, LB 849, § 8;

Laws 1993, LB 138, § 24.
Neb. Rev. Stat. § 20-804 — NE Code / Chapter 20 / Section 20-804
View Statute 20-804
Status: in_force

Any person aggrieved by a violation of the Personal Privacy Protection Act may bring a civil action for appropriate relief. Appropriate relief includes:

(1) The greater of actual damages or two thousand five hundred dollars in liquidated damages per violation; and

(2) Such preliminary and other equitable or declaratory relief as may be appropriate.

Laws 2024, LB43, § 20.
Neb. Rev. Stat. § 70-727 — NE Code / Chapter 70 / Section 70-727
View Statute 70-727
Status: in_force

A corporation may amend its articles of incorporation by a majority vote of the members present in person at any regular meeting, or at any special meeting of its members called for that purpose. The power to amend shall include the power to accomplish any desired change in the provisions of its articles of incorporation, and to include any purpose, power or provision which would be authorized to be included in original articles of incorporation if executed at the time the amendment is made. Articles of amendment signed by the president or vice president, and attested by the secretary, certifying to such amendment and its lawful adoption, shall be executed, acknowledged, filed and recorded in the same manner as the original articles of incorporation of a corporation organized under sections 70-701 to 70-738 . As soon as the Secretary of State shall have accepted the articles of amendment for filing and recording, and issued a certificate of amendment, the amendment or amendments shall be in effect.

Laws 1937, c. 50, § 26, p. 210;

C.S.Supp.,1941, § 70-826;

R.S.1943, § 70-727.
Neb. Rev. Stat. § 44-407.06 — NE Code / Chapter 44 / Section 44-407.06
View Statute 44-407.06
Status: in_force

Sections 44-407 to 44-407.09 and 44-407.24 to 44-407.26 shall not apply to any (1) reinsurance, (2) group insurance, (3) pure endowment, (4) annuity or reversionary annuity contract, (5) term policy of uniform amount which provides no guaranteed nonforfeiture or endowment benefits, or renewal thereof, of twenty years or less expiring before age seventy-one, for which uniform premiums are payable during the entire term of the policy, (6) term policy of decreasing amount which provides no guaranteed nonforfeiture or endowment benefits, on which each adjusted premium, calculated as specified in sections 44-407.04 , 44-407.08 , 44-407.09 , and 44-407.24 , is less than the adjusted premium so calculated, on a term policy of uniform amount, or renewal thereof, which provides no guaranteed nonforfeiture or endowment benefits, issued at the same age and for the same initial amount of insurance, and for a term of twenty years or less expiring before age seventy-one, for which uniform premiums are payable during the entire term of the policy, (7) policy which provides no guaranteed nonforfeiture or endowment benefits, for which no cash surrender value, if any, or present value of any paid-up nonforfeiture benefit, at the beginning of any policy year, calculated as specified in sections 44-407.02 to 44-407.04 , 44-407.08 , 44-407.09 , and 44-407.24 , exceeds two and one-half percent of the amount of insurance at the beginning of the same policy year, or (8) policy which shall be delivered outside this state through an agent or other representative of the company issuing the policy.

For purposes of determining the applicability of sections 44-407 to 44-407.09 and 44-407.24 to 44-407.26 , the age of expiry for a joint term life insurance policy shall be the age at expiry of the oldest life.

Laws 1943, c. 106, § 5(6), p. 367;

R.S.1943, § 44-407.06;

Laws 1959, c. 206, § 5, p. 722;

Laws 1965, c. 262, § 8, p. 740;

Laws 1981, LB 355, § 8.
Neb. Rev. Stat. § 70-642 — NE Code / Chapter 70 / Section 70-642
View Statute 70-642
Status: in_force

In the event of sudden or unexpected damage, injury or impairment of such plant, works, system, or other property belonging to the district, or an order of a regulatory body which would prevent compliance with section 70-637 , the board of directors may, in its discretion, declare an emergency, and proceed with the necessary construction, reconstruction, remodeling, building, alteration, maintenance, repair, extension, or improvement without first complying with the provisions of sections 70-637 to 70-641 .

Laws 1933, c. 86, § 10, p. 351;

C.S.Supp.,1941, § 70-710;

Laws 1943, c. 146, § 4, p. 523;

R.S.1943, § 70-642;

Laws 1981, LB 34, § 5.
Neb. Rev. Stat. § 39-898 — NE Code / Chapter 39 / Section 39-898
View Statute 39-898
Status: in_force

The department shall have the power and authority to enter into agreements with an adjoining state to determine the location of interstate bridges, or the relocation of any part thereof; Provided, that any such agreement shall provide that the costs incurred by the department and the adjoining state in pursuance of the agreement shall be shared equally by the department and the adjoining state.

Laws 1959, c. 175, § 8, p. 637.
Neb. Rev. Stat. § 39-1352 — NE Code / Chapter 39 / Section 39-1352
View Statute 39-1352
Status: in_force

(1) Except as provided in subsection (2) of this section, any person proposing to bid on a contract for the construction, reconstruction, improvement, maintenance, or repair of roads, bridges, and their appurtenances to be let by the department shall submit to the department, at such times as it may require, a statement showing such person's qualifications. Such statement shall be under oath and on a standard form to be prepared and supplied by the department. The statement shall be confidential and only for the use of the department.

(2) Subsection (1) of this section shall not apply to any contract granted an exemption from prequalification requirements pursuant to subsection (2) of section 39-1351 .

Laws 1955, c. 148, § 52, p. 440;

Laws 1961, c. 198, § 1, p. 601;

Laws 2015, LB312, § 5;

Laws 2019, LB117, § 2.
Neb. Rev. Stat. § 45-744 — NE Code / Chapter 45 / Section 45-744
45-744
Status: in_force

(1) The department may order any person to cease and desist whenever the department determines that the person has violated any provision of the Residential Mortgage Licensing Act. Upon entry of a cease and desist order, the director shall promptly notify the affected person that such order has been entered, of the reasons for such order, and that upon receipt, within fifteen business days after the date of the order, of written request from the affected person a hearing will be scheduled within thirty business days after the date of receipt of the written request unless the parties consent to a later date or the hearing officer sets a later date for good cause. If a hearing is not requested and none is ordered by the director, the order shall remain in effect until it is modified or vacated.

(2) The director may vacate or modify a cease and desist order if he or she finds that the conditions which caused its entry have changed or that it is otherwise in the public interest to do so.

(3) A person aggrieved by a cease and desist order of the director may obtain judicial review of the order in the manner prescribed in the Administrative Procedure Act and the rules and regulations adopted and promulgated under the act. The director may obtain an order from the district court of Lancaster County for the enforcement of the cease and desist order.

(4) A person who violates a cease and desist order of the director may, after notice and hearing and upon further order of the director, be subject to a penalty of not more than five thousand dollars for each act in violation of the cease and desist order.

Laws 1989, LB 272, § 20;

Laws 1995, LB 163, § 8;

Laws 2000, LB 932, § 33;

Laws 2001, LB 53, § 102;

Laws 2006, LB 876, § 33;

R.S.Supp.,2008, § 45-717;

Laws 2009, LB328, § 29.

Administrative Procedure Act, see section 84-920 .
Neb. Rev. Stat. § 24-701.02 — NE Code / Chapter 24 / Section 24-701.02
View Statute 24-701.02
Status: in_force

Any changes made to the Judges Retirement Act affecting retirement benefits shall be so interpreted as to effectuate their general purpose to provide, in the public interest, adequate retirement benefits for judges and to permit a change in such retirement benefits as soon as the same may become operative under the Constitution of Nebraska.

Laws 2004, LB 1097, § 9.
Neb. Rev. Stat. § 18-2534 — NE Code / Chapter 18 / Section 18-2534
View Statute 18-2534
Status: in_force

Whoever signs any petition under the Municipal Initiative and Referendum Act, knowing that he or she is not a registered voter in the place where such petition is made, aids or abets any other person in doing any of the acts mentioned in this section, bribes or gives or pays any money or thing of value to any person directly or indirectly to induce him or her to sign such petition, or engages in any deceptive practice intended to induce any person to sign a petition, shall be guilty of a Class I misdemeanor with a fine not to exceed three hundred dollars.

Laws 1982, LB 807, § 34;

Laws 2021, LB163, § 185.
Neb. Rev. Stat. § 45-191 — NE Code / Chapter 45 / Section 45-191
View Statute 45-191
Status: in_force

No loan broker shall:

(1) Assess or collect an advance fee from a borrower under a contract to provide services for the procurement of a loan of money;

(2) Willfully, either orally or in writing, misrepresent the terms, benefits, privileges, or provisions of any service contract issued or to be issued by the loan broker or by any lender; or

(3) Represent or imply that the loan broker has been sponsored, recommended, or approved by the department or that the loan broker's abilities or qualifications have been passed upon by the department.

Laws 1981, LB 154, § 3;

Laws 1993, LB 270, § 2.