FrankGoortani/open-us-law huggingface dataset:
Neb. Rev. Stat. § 30-4104 — NE Code / Chapter 30 / Section 30-4104
View Statute 30-4104
Status: in_force

(1) The office is created within the judicial branch of government and is directly responsible to the State Court Administrator. The State Court Administrator shall appoint a director of the office who shall be known as the Public Guardian. The Public Guardian shall be an attorney licensed to practice law in Nebraska, shall be hired based on a broad knowledge of human development, intellectual disabilities, sociology, and psychology, and shall have business acuity and experience in public education and volunteer recruitment.

(2) The Public Guardian shall hire a multidisciplinary team of professionals to fulfill the responsibilities of the Public Guardianship Act. The multidisciplinary team shall include a deputy public guardian and may include one or more associate public guardian legal counsel, associate public guardians, administrative personnel, and any other personnel the Public Guardian deems appropriate. In addition, the Public Guardian may hire support staff as required. The multidisciplinary team may include professionals trained in law, health care, social work, education, business, accounting, administration, geriatrics, psychology, or other specialties with experience working with individuals with dementia, developmental disabilities, chronic and acute medical needs, mental health issues, substance abuse, or other conditions that are served by the Public Guardian.

(3) An associate public guardian legal counsel shall be an attorney licensed to practice law in Nebraska. The deputy public guardian shall be an attorney licensed to practice law in Nebraska unless the State Court Administrator directs otherwise.

(4) Legal representation provided by the Public Guardian, deputy public guardian, and associate public guardian legal counsel shall be limited to representing the Public Guardian and his or her designees in the roles and responsibilities of a court-appointed guardian or conservator in accordance with the Public Guardianship Act.

(5) The Public Guardian shall assume all the duties and responsibilities of a guardian and conservator for any individual appointed to his or her supervision and may designate authority to act on his or her behalf to the deputy public guardian, associate public guardian legal counsel, and associate public guardians. The Public Guardian shall administer public guardianship and public conservatorship and shall serve as staff to the council.

Laws 2014, LB920, § 4;

Laws 2016, LB934, § 29.
Neb. Rev. Stat. § 38-1037 — NE Code / Chapter 71 / Section 38-1037
38-1037
Status: in_force

Nail technology instructor means a person licensed under the Cosmetology, Electrology, Esthetics, Nail Technology, and Body Art Practice Act to teach the practices of nail technology in a nail technology school.

Laws 1999, LB 68, § 12;

R.S.1943, (2003), § 71-361.04;

Laws 2007, LB463, § 299.
Neb. Rev. Stat. § 48-814 — NE Code / Chapter 48 / Section 48-814
View Statute 48-814
Status: in_force

The Commission of Industrial Relations may employ such expert accountants, engineers, stenographers, attorneys, and other employees as the commission finds necessary. Officers and employees of the commission, whose salaries are not fixed by law, shall be paid such compensation as may be fixed by the commission with the approval of the Governor.

Laws 1947, c. 178, § 14, p. 591;

Laws 1955, c. 78, § 2, p. 233;

Laws 1974, LB 819, § 8.
Neb. Rev. Stat. § 25-1146 — NE Code / Chapter 25 / Section 25-1146
View Statute 25-1146
Status: in_force

Whenever damages are recoverable, the plaintiff may claim and recover any rate of damages to which he may be entitled for the cause of action established.

R.S.1867, Code § 319, p. 448;

R.S.1913, § 7887;

C.S.1922, § 8829;

C.S.1929, § 20-1146;

R.S.1943, § 25-1146.

Public perceptions of a defect when the evidence demonstrates there is none is an improper basis for recovery. de Vries v. L & L Custom Builders, 310 Neb. 543, 968 N.W.2d 64 (2021).

Public perceptions of a defect when the evidence demonstrates there is none is an improper basis for recovery. de Vries v. L & L Custom Builders, 310 Neb. 543, 968 N.W.2d 64 (2021).
Neb. Rev. Stat. § 53-103.36 — NE Code / Chapter 53 / Section 53-103.36
View Statute 53-103.36
Status: in_force

Sell at retail and sale at retail means sale for use or consumption and not for resale in any form except as provided in section 53-175 .

Laws 2010, LB861, § 44.
Neb. Rev. Stat. § 38-120 — NE Code / Chapter 38 / Section 38-120
View Statute 38-120
Status: in_force

Registry means a list of persons who offer a specified service or activity.

Laws 2007, LB463, § 20.
Neb. Rev. Stat. § 21-1764 — NE Code / Chapter 21 / Section 21-1764
View Statute 21-1764
Status: in_force

(1) The members of the board of directors shall elect from their own number a chairperson, one or more vice-chairpersons, a treasurer, and a secretary, at the organizational meeting held as provided in the bylaws. The board shall fill vacancies in the positions described in this subsection as they occur. The treasurer and the secretary may be the same individual. The board shall also elect any other officers that are specified in the bylaws.

(2) The terms of the chairperson, vice-chairperson, treasurer, and secretary shall be for one year or until their successors are chosen and have been duly qualified. If the chairperson, a vice-chairperson, the treasurer, or the secretary is suspended, is removed, or has resigned as a board member, his or her position shall be deemed vacant.

(3) The duties of the officers shall be prescribed in the bylaws.

(4) The board of directors shall appoint a president to act as the chief executive officer of the credit union and to be in active charge of the credit union's operations.

(5) Notwithstanding any other provision of the Credit Union Act, a credit union may use any titles it so chooses for the officials holding the positions described in this section, as long as such titles are not misleading.

Laws 1996, LB 948, § 64.
Neb. Rev. Stat. § 54-2620 — NE Code / Chapter 54 / Section 54-2620
View Statute 54-2620
Status: in_force

Any contract to purchase cattle for slaughter that is in violation of section 54-2617 or 54-2619 is voidable by the seller.

Laws 1999, LB 835, § 20.
Neb. Rev. Stat. § 12-1120 — NE Code / Chapter 12 / Section 12-1120
View Statute 12-1120
Status: in_force

The director may collect the proceeds of any letter of credit, surety bond, or trust funds held pursuant to subdivision (2)(a) of section 12-1113 upon the failure of the pre-need seller to perform the obligations secured thereby. Thereafter, in the director's discretion, he or she may use such proceeds to secure completion of the mausoleum, columbarium, or lawn crypt or take any actions necessary to reimburse all pre-need purchasers of a crypt or niche therein to the extent of money paid or consideration given by the pre-need purchasers.

Laws 1986, LB 643, § 20.
Neb. Rev. Stat. § 38-523 — NE Code / Chapter 71 / Section 38-523
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. § 44-6910 — NE Code / Chapter 44 / Section 44-6910
View Statute 44-6910
Status: in_force

Health-status-related factor means any of the following factors:

(1) Health status;

(2) Medical condition, including both physical and mental illnesses;

(3) Claims experience;

(4) Receipt of health care;

(5) Medical history;

(6) Genetic information;

(7) Evidence of insurability, including conditions arising out of acts of domestic violence; and

(8) Disability.

Laws 1997, LB 862, § 10.
Neb. Rev. Stat. § 21-2961 — NE Code / Chapter 21 / Section 21-2961
View Statute 21-2961
Status: in_force

(1) Unless the articles of organization or bylaws otherwise provide, a vacancy on the board of directors shall be filled:

(a) By majority vote of the remaining directors until the next annual members' meeting or special members' meeting held for that purpose; and

(b) For the unexpired term by members at the next annual members' meeting or special members' meeting called for that purpose.

(2) If the vacating director was elected by a group or class of members or by group, class, or district:

(a) The appointed director shall be of that group, class, or district; and

(b) The election of the director for the unexpired term shall be conducted in the same manner as would the election for that position without a vacancy.

Laws 2007, LB368, § 61.
Neb. Rev. Stat. § 9-818 — NE Code / Chapter 9 / Section 9-818
View Statute 9-818
Status: in_force

The Tax Commissioner or the director may confer with the Attorney General or his or her designee as he or she deems necessary and advisable to carry out the responsibilities of the division. Upon request of the director with the approval of the Tax Commissioner, it shall be the duty of the Attorney General and any other law enforcement authority to whom a violation is reported to investigate and cause appropriate proceedings to be instituted without delay.

Laws 1991, LB 849, § 18;

Laws 1993, LB 138, § 38.
Neb. Rev. Stat. § 43-4620 — NE Code / Chapter 43 / Section 43-4620
View Statute 43-4620
Status: in_force

(a) A grant of authority under sections 43-4613 to 43-4623 is temporary and terminates under sections 43-4624 to 43-4627 after the return from deployment of the deploying parent, unless the grant has been terminated before that time by court order. The grant does not create an independent, continuing right to caretaking authority, decisionmaking authority, or limited contact in an individual to whom it is granted.

(b) A nonparent granted caretaking authority, decisionmaking authority, or limited contact under sections 43-4613 to 43-4623 has standing to enforce the grant until it is terminated by court order or under sections 43-4624 to 43-4627 .

Laws 2015, LB219, § 20.
Neb. Rev. Stat. § 71-2435 — NE Code / Chapter 71 / Section 71-2435
View Statute 71-2435
Status: in_force

Notwithstanding any other provision of law, if leased property contains a clandestine drug lab, an owner may terminate the lease agreement upon three days' written notice for the purpose of rehabilitating the contaminated property in accordance with the rules and regulations adopted and promulgated pursuant to section 71-2434 .

Laws 2006, LB 915, § 4.
Neb. Rev. Stat. § 31-918 — NE Code / Chapter 31 / Section 31-918
View Statute 31-918
Status: in_force

Should a lot or land owner suffer damage resulting from said drainage improvement and such party not have been notified thereof as provided for in section 31-909 , such lot or land owner may, within thirty days from the date that said damage occurred, file a claim with the county board setting forth the nature of such damage and requesting a hearing thereon. A hearing shall then be had as provided for in section 31-910 , with right of appeal as set out in section 31-911 . Should assessment of benefits be made and a lot or land owner not have been notified as provided for in section 31-909 , such lot or land owner shall have thirty days from the time of discovery of assessment or within one year from the date that said assessment is filed in the office of the county treasurer, whichever date occurs first, to request a hearing on the validity of his assessment and he shall have the right of appeal as set out in section 31-911 ; Provided, neither the failure to notify any lot or land owner nor the outcome of such appeal shall invalidate the proceedings as to other lot or land owners.

Laws 1959, c. 132, § 18, p. 490.
Neb. Rev. Stat. § 38-1233 — NE Code / Chapter 38 / Section 38-1233
View Statute 38-1233
Status: in_force

No emergency care provider shall be subject to civil liability based solely upon failure to obtain consent in rendering emergency medical, surgical, hospital, or health services to any individual regardless of age when the patient is unable to give his or her consent for any reason and there is no other person reasonably available who is legally authorized to consent to the providing of such care.

Laws 1997, LB 138, § 24;

R.S.1943, (2003), § 71-5195;

Laws 2007, LB463, § 517;

Laws 2020, LB1002, § 38.
Neb. Rev. Stat. § 53-406 — NE Code / Chapter 53 / Section 53-406
View Statute 53-406
Status: in_force

No cause of action under the Minor Alcoholic Liquor Liability Act shall be available to the intoxicated person, his or her estate, or anyone whose claim is based upon injury to or death of the intoxicated person.

Laws 2007, LB573, § 6.
Neb. Rev. Stat. § 50-114.05 — NE Code / Chapter 50 / Section 50-114.05
View Statute 50-114.05
Status: in_force

The Clerk of the Legislature Cash Fund is hereby created. The fund shall consist of funds received by the Clerk of the Legislature pursuant to sections 49-1480.01 and 49-1482 . The fund shall be used by the Clerk of the Legislature to perform the duties required by sections 49-1480 to 49-1492.01 , except that transfers may be made from the fund to the General Fund at the direction of the Legislature. Any money in the Clerk of the Legislature Cash 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 1994, LB 872, § 14;

Laws 1994, LB 1243, § 16;

Laws 1995, LB 7, § 53;

Laws 2005, LB 242, § 67;

Laws 2009, First Spec. Sess., LB3, § 26.

Nebraska Capital Expansion Act, see section 72-1269 .

Nebraska State Funds Investment Act, see section 72-1260 .
Neb. Rev. Stat. § 18-2482 — NE Code / Chapter 18 / Section 18-2482
View Statute 18-2482
Status: in_force

The provisions of sections 18-2401 to 18-2485 shall be deemed to provide an additional, alternative, and complete method for the doing of the things authorized hereby and shall be deemed and construed to be supplemental and additional to, and not in derogation of, powers conferred upon municipalities, agencies, and others by law. Insofar as the provisions of sections 18-2401 to 18-2485 are inconsistent with the provisions of any general or special law, administrative order, or regulation, the provisions of sections 18-2401 to 18-2485 shall be controlling.

Laws 1981, LB 132, § 82.
Neb. Rev. Stat. § 28-822 — NE Code / Chapter 28 / Section 28-822
View Statute 28-822
Status: in_force

Whenever a nuisance exists as provided for in sections 28-807 to 28-829 , any city, village, or county, through its chief law enforcement officer, may bring an action in equity to abate such a nuisance and to perpetually enjoin the person maintaining the same from further maintenance thereof. If any person continues to use the building or place for such purpose he shall be punished as for contempt.

Laws 1977, LB 38, § 178.
Neb. Rev. Stat. § 18-1741.02 — NE Code / Chapter 18 / Section 18-1741.02
View Statute 18-1741.02
Status: in_force

(1) Any person found guilty of a handicapped parking infraction shall be fined (a) not more than one hundred fifty dollars for the first offense, (b) not more than three hundred dollars for a second offense within a one-year period, and (c) not more than five hundred dollars for a third or subsequent offense within a one-year period.

(2) In addition to any fine imposed under subsection (1) of this section, any person found guilty of a handicapped parking infraction under section 60-3,113.06 shall be subject to suspension of such person's handicapped or disabled parking permit for six months and such other punishment as may be provided by local ordinance. In addition, the court shall impose a fine of not more than two hundred fifty dollars which may be waived by the court if, at the time of sentencing, all handicapped or disabled parking permits issued to or in the possession of the offender are returned to the court. At the expiration of such six-month period, a suspended handicapped or disabled parking permit may be renewed in the manner provided for renewal of the original permit.

Laws 1993, LB 632, § 2;

Laws 2009, LB524, § 1;

Laws 2011, LB163, § 9;

Laws 2014, LB657, § 2.
Neb. Rev. Stat. § 55-158 — NE Code / Chapter 55 / Section 55-158
View Statute 55-158
Status: in_force

Whenever a member of the military forces of the State of Nebraska is entitled to compensation as provided in section 55-157 , the Adjutant General shall certify the amount of compensation to be paid and direct that the warrant shall be charged against the state appropriated funds of the military department.

Laws 1969, c. 459, § 56, p. 1599.
Neb. Rev. Stat. § 43-3902 — NE Code / Chapter 43 / Section 43-3902
View Statute 43-3902
Status: in_force

For purposes of the Uniform Child Abduction Prevention Act:

(1) Abduction means the wrongful removal or wrongful retention of a child;

(2) Child means an unemancipated individual who is less than eighteen years of age;

(3) Child custody determination means a judgment, decree, or other order of a court providing for the legal custody, physical custody, or visitation with respect to a child. The term includes a permanent, temporary, initial, and modification order;

(4) Child custody proceeding means a proceeding in which legal custody, physical custody, or visitation with respect to a child is at issue. The term includes a proceeding for divorce, dissolution of marriage, separation, neglect, abuse, dependency, guardianship, paternity, termination of parental rights, or protection from domestic violence;

(5) Court means an entity authorized under the law of a state to establish, enforce, or modify a child custody determination;

(6) Petition includes a motion or its equivalent;

(7) Record means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form;

(8) State means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States. The term includes a federally recognized Indian tribe or nation;

(9) Travel document means records relating to a travel itinerary, including travel tickets, passes, reservations for transportation, or accommodations. The term does not include a passport or visa;

(10) Wrongful removal means the taking of a child that breaches rights of custody or visitation given or recognized under the law of this state; and

(11) Wrongful retention means the keeping or concealing of a child that breaches rights of custody or visitation given or recognized under the law of this state.

Laws 2007, LB341, § 2.
Neb. Rev. Stat. § 17-925 — NE Code / Chapter 17 / Section 17-925
View Statute 17-925
Status: in_force

For the purpose of paying the cost of the improvements authorized pursuant to section 17-913 , the city council of any city of the second class or village board of trustees of any village, after such improvements have been completed and accepted, shall have the power to issue negotiable bonds of such city or village, to be called Sewer Bonds, payable in not exceeding twenty years and bearing interest payable annually or semiannually, which may either be sold by the city or village or delivered to the contractor in payment for the work, but in either case for not less than their par value. For the purpose of making partial payments as the work progresses, warrants may be issued by the mayor and city council or by the village board of trustees upon certificates of the engineer in charge showing the amount of work completed and materials necessarily purchased and delivered for the orderly and proper continuation of the project, in a sum not exceeding ninety-five percent of the cost of such project and upon the completion and acceptance of the work issue a final warrant for a balance of the amount due the contractor, which warrants shall be redeemed and paid upon the sale of the bonds issued and sold. The city or village shall pay to the contractor interest at the rate of eight percent per annum on the amounts due on partial and final payments beginning forty-five days after the certification of the amounts due by the engineer in charge and approval by the governing body and running until the date that the warrant is tendered to the contractor. All special assessments which may be levied upon property specially benefited by such work or improvements shall, when collected, be set aside and constitute a sinking fund for the payment of the interest and principal of such bonds. There shall be levied annually upon all the taxable property in such city or village a tax, which, together with such sinking fund derived from special assessments, shall be sufficient to meet payments of interest and principal as the same become due. Such tax shall be known as the sewer tax and shall be payable annually in money.

Laws 1919, c. 189, § 14, p. 432;

C.S.1922, § 4350;

C.S.1929, § 17-540;

Laws 1931, c. 34, § 1, p. 126;

Laws 1935, c. 35, § 1, p. 146;

C.S.Supp.,1941, § 17-540;

R.S.1943, § 17-925;

Laws 1963, c. 70, § 2, p. 272;

Laws 1969, c. 51, § 55, p. 306;

Laws 1974, LB 636, § 4;

Laws 2017, LB133, § 260.

Cost of main sewers in excess of special benefits can only be paid for by means of general taxation. Hurd v. Sanitary Sewer District No. 1 of Harvard, 109 Neb. 384, 191 N.W. 438 (1922).

Cost of main sewers in excess of special benefits can only be paid for by means of general taxation. Hurd v. Sanitary Sewer District No. 1 of Harvard, 109 Neb. 384, 191 N.W. 438 (1922).
Neb. Rev. Stat. § 71-1360 — NE Code / Chapter 71 / Section 71-1360
View Statute 71-1360
Status: in_force

Except as otherwise provided in the Cremation of Human Remains Act, licenses issued pursuant to the act shall expire five years after the date of issuance. Licenses shall be issued only for the crematory authority named in the application and shall not be transferable or assignable.

Laws 2003, LB 95, § 6.