FrankGoortani/open-us-law huggingface dataset:
Neb. Rev. Stat. § 44-4521 — NE Code / Chapter 44 / Section 44-4521
View Statute 44-4521
Status: in_force

(1) On or after August 1, 2008, an individual may not sell, solicit, or negotiate long-term care insurance unless the individual is licensed as an insurance producer for health or sickness and accident insurance and has completed a one-time training course and ongoing training every twenty-four months thereafter. All training shall meet the requirements of subsection (2) of this section.

(2) The one-time training course required by subsection (1) of this section shall be no less than eight hours in length, and the required ongoing training shall be no less than four hours in length. All training required under subsection (1) of this section shall consist of topics related to long-term care insurance, long-term care services, and, if applicable, qualified state long-term insurance partnership programs, including, but not limited to:

(a) State and federal regulations and requirements and the relationship between qualified state long-term care insurance partnership programs and other public and private coverage of long-term care services, including medicaid;

(b) Available long-term care services and providers;

(c) Changes or improvements in long-term care services or providers;

(d) Alternatives to the purchase of private long-term care insurance;

(e) The effect of inflation on benefits and the importance of inflation protection; and

(f) Consumer suitability standards and guidelines.

Training required by subsection (1) of this section shall not include any sales or marketing information, materials, or training other than those required by state or federal law.

(3)(a) Insurers subject to the Long-Term Care Insurance Act shall obtain verification that the insurance producer receives training required by subsection (1) of this section before a producer is permitted to sell, solicit, or negotiate the insurer's long-term care insurance products. Records shall be maintained in accordance with section 44-5905 and shall be made available to the director upon request.

(b) Insurers subject to the act shall maintain records with respect to the training of its producers concerning the distribution of its partnership policies that will allow the director to provide assurance to the Department of Health and Human Services that producers have received the training required by subsection (1) of this section and that producers have demonstrated an understanding of the partnership policies and their relationship to public and private coverage of long-term care, including medicaid, in this state. These records shall be maintained in accordance with section 44-5905 and shall be made available to the director upon request.

(4) The satisfaction of the training requirements in any state shall be deemed to satisfy the training requirements of the State of Nebraska.

(5) The training requirements of subsection (1) of this section may be approved as continuing education activities pursuant to sections 44-3901 to 44-3908 .

Laws 2007, LB117, § 10;

Laws 2008, LB855, § 28;

Laws 2018, LB743, § 27.
Neb. Rev. Stat. § 46-287 — NE Code / Chapter 46 / Section 46-287
View Statute 46-287
Status: in_force

Notwithstanding any other provision of law, any person intending to or in the process of reusing ground water from an irrigation water reuse pit located within an ephemeral natural stream shall be exempt from the provisions of Chapter 46, article 2, which would otherwise apply to such pits, and from the provisions of section 46-637 .

Laws 1980, LB 908, § 5;

Laws 2008, LB798, § 3.
Neb. Rev. Stat. § 8-368 — NE Code / Chapter 8 / Section 8-368
View Statute 8-368
Status: in_force

Stockholder shall mean a person who is a holder of record of shares in a corporation.

Laws 1981, LB 500, § 13.
Neb. Rev. Stat. § 29-3105 — NE Code / Chapter 29 / Section 29-3105
View Statute 29-3105
Status: in_force

Sections 29-3101 to 29-3106 shall be so construed as to effectuate their general purpose to make uniform the law of those states which enact them.

Laws 1969, c. 228, § 5, p. 853.
Neb. Rev. Stat. § 48-2902 — NE Code / Chapter 48 / Section 48-2902
View Statute 48-2902
Status: in_force

For purposes of the Employee Classification Act:

(1) Commissioner means the Commissioner of Labor;

(2) Construction has the same meaning as in section 48-2103 ;

(3) Contractor means an individual, partnership, limited liability company, corporation, or other business entity engaged in a delivery service or a construction contractor business, as contractor is defined in section 48-2103 , and includes any subcontractor performing services for a contractor;

(4) Delivery service means the transport and delivery of goods, products, supplies, or raw materials upon the highways of this state;

(5) Department means the Department of Labor; and

(6) Performing services means the performance of construction labor or delivery services for remuneration.

Laws 2010, LB563, § 2.
Neb. Rev. Stat. § 66-1847 — NE Code / Chapter 66 / Section 66-1847
View Statute 66-1847
Status: in_force

Natural gas utilities owned and operated by a city or a metropolitan utilities district shall establish rates and conditions of service for all residential ratepayers of each such utility in a nondiscriminatory manner.

Laws 2003, LB 790, § 47.
Neb. Rev. Stat. § 23-2908 — NE Code / Chapter 23 / Section 23-2908
View Statute 23-2908
Status: in_force

If the voters approve the formation and boundaries of the district, permanent organization shall be effected by the appointment by the county board of a board of trustees consisting of five residents of the district if the district includes territory in five townships or less. If the district embraces or includes territory in more than five townships, each township shall be represented on the board of trustees by one trustee who shall be a resident of the township. All trustees shall be appointed for two years and hold office until their successors have been appointed, except at the first appointment at least two trustees shall be appointed for one-year terms. The board of trustees shall organize by electing a president, vice president, and secretary-treasurer from the members of the board for a term of one year. All officers shall serve without pay.

Laws 1977, LB 29, § 8.
Neb. Rev. Stat. § 71-1109 — NE Code / Chapter 71 / Section 71-1109
View Statute 71-1109
Status: in_force

Least restrictive alternative means a placement and services provided in a manner no more restrictive of a subject's liberty and no more intrusive than necessary to provide appropriate treatment and protect society.

Laws 2005, LB 206, § 9.
Neb. Rev. Stat. § 44-7506 — NE Code / Chapter 44 / Section 44-7506
View Statute 44-7506
Status: in_force

(1) All rating systems and prospective loss costs shall be filed with the director in accordance with section 44-7508 , except that filings for the following shall be filed in accordance with sections 44-7510 and 44-7511 :

(a) Filings made by advisory organizations;

(b) Medical professional liability insurance;

(c) Insurance in noncompetitive markets as determined pursuant to section 44-7507 ;

(d) Liability and physical damage coverages relating to the rental of private passenger automobiles on a nonfleet basis;

(e) Insurance written by joint underwriting pools or joint reinsurance pools;

(f) Insurance written in an assigned risk plan; and

(g) Insurance covering risks of a personal nature written for business entities if the costs for the insurance are charged to individuals. This does not include coverage provided without a separate charge by business entities for their customers.

(2)(a) If the director, after notice and hearing in accordance with the Administrative Procedure Act, finds that an insurer has made filings pursuant to section 44-7508 that have failed to meet the filing standards contained in that section with such frequency as to indicate a general business practice that disregards the requirements of that section, the director shall order that the insurer's filings be made subject to the requirements of sections 44-7510 and 44-7511 .

(b) Upon application by an insurer affected by an order issued pursuant to subdivision (2)(a) of this section, demonstrating that its filings made subsequent to the order have been in compliance with section 44-7508 without the need for the director to request that the original filings be amended, the director shall vacate such order. The director shall consider any such application within thirty days after its receipt for any order that has been in effect for more than nine months since its inception or since it was last reviewed by the director pursuant to an application by the insurer.

(c) For insurers whose rating system filings that would otherwise be subject to this section have been made subject to the prior approval requirements of section 44-7511 through the application of this subsection, the percentage rating flexibilities provided in section 44-7509 shall apply to such rating system filings made by such insurers once the rating system filing has been approved pursuant to section 44-7511 .

Laws 2000, LB 1119, § 6;

Laws 2005, LB 119, § 25.

Administrative Procedure Act, see section 84-920 .
Neb. Rev. Stat. § 81-2003 — NE Code / Chapter 60 / Section 81-2003
81-2003
Status: in_force

The Superintendent of Law Enforcement and Public Safety is hereby authorized to adopt, promulgate, and enforce rules and regulations, consistent with this act, to carry out sections 81-2001 to 81-2009 , including the use, purpose, and contents of warning and violation cards. The Superintendent of Law Enforcement and Public Safety shall adopt an official seal for the use of the Nebraska State Patrol. The Superintendent of Law Enforcement and Public Safety shall maintain an office or offices for law enforcement and public safety in such places in the state as he or she may deem necessary to properly carry out the work and the administration of laws pertaining to the Nebraska State Patrol.

Laws 1937, c. 141, § 5, p. 508;

Laws 1941, c. 176, § 7, p. 691;

C.S.Supp.,1941, § 60-420;

R.S.1943, § 60-433;

Laws 1957, c. 366, § 41, p. 1274;

Laws 1959, c. 286, § 5, p. 1085;

R.S.1943, (1978), § 60-433;

Laws 1981, LB 541, § 3;

Laws 1985, LB 395, § 12;

Laws 2002, LB 470, § 5.

"This act", formerly defined in section 60-401 as meaning sections 60-401 to 60-430.06 . For the last printed version of section 60-401 see the 1988 Reissue of Volume 3B.
Neb. Rev. Stat. § 18-1916 — NE Code / Chapter 18 / Section 18-1916
View Statute 18-1916
Status: in_force

No sanitary plumbing shall be installed or repaired in any building except a single-family dwelling or a farm or ranch structure by any person, partnership, limited liability company, corporation, or other legal entity without a permit issued by the city or village nearest the construction site.

Laws 1969, c. 100, § 2, p. 475;

Laws 1993, LB 121, § 140.
Neb. Rev. Stat. § 30-4205 — NE Code / Chapter 30 / Section 30-4205
View Statute 30-4205
Status: in_force

(1) The guardian ad litem shall make recommendations to the court regarding a temporary or permanent guardianship, conservatorship, or other protective order. The report shall be in writing and provided to the court at least one week prior to the hearing date. A copy of the report shall be provided to all interested persons.

(2) For a guardianship proceeding, the report shall address whether the person for whom the guardianship is sought is an incapacitated person. If the guardian ad litem determines that the person is incapacitated, the guardian ad litem shall make recommendations as to whether the court should order a limited or full guardianship. If the guardian ad litem recommends a limited guardianship, the report shall include recommendations on the authorities and responsibilities the guardian and ward shall have. If a full guardianship is recommended, the report shall specifically address why a full guardianship is necessary to protect the best interests of the incapacitated person.

Laws 2016, LB934, § 18.
Neb. Rev. Stat. § 71-2429 — NE Code / Chapter 71 / Section 71-2429
View Statute 71-2429
Status: in_force

The department, upon the recommendation of the Board of Pharmacy, shall adopt and promulgate rules and regulations to carry out the Cancer Drug Repository Program Act. Such rules and regulations shall include, but not be limited to:

(1) Eligibility criteria and other standards and procedures for participants that accept and distribute or dispense donated cancer drugs;

(2) Necessary forms for administration of the program, including, but not limited to, forms for use by persons or entities that donate, accept, distribute, or dispense cancer drugs under the program. The forms shall include the name of the person to whom the drug was originally prescribed;

(3) The maximum handling fee that may be charged by participants that accept and distribute or dispense donated cancer drugs;

(4)(a) Categories of cancer drugs that the program will accept for dispensing and (b) categories of cancer drugs that the program will not accept for dispensing and the reason that such drugs will not be accepted; and

(5) Maintenance and distribution of the participant registry established in section 71-2430 .

Laws 2003, LB 756, § 8;

Laws 2005, LB 331, § 6;

Laws 2006, LB 1116, § 2.
Neb. Rev. Stat. § 44-5417 — NE Code / Chapter 44 / Section 44-5417
44-5417
Status: in_force

The purpose of the Utilization Review Act is to establish requirements and standards of operation for certification of medical utilization review agents. It is proper for the state to oversee utilization review agents as a part of the state's regulation and supervision of the business of insurance and to encourage effective, efficient, and consistent utilization review.

Laws 1992, LB 428, § 2;

R.S.1943, (1993), § 44-5402;

Laws 1998, LB 1162, § 2.
Neb. Rev. Stat. § 37-231 — NE Code / Chapter 37 / Section 37-231
View Statute 37-231
Status: in_force

Habitual offender means a person who has been convicted of violating the Game Law two or more times in any calendar year or who has been convicted of violating the Game Law three or more times in any ten-year period beginning with the date of the first conviction.

Laws 1998, LB 922, § 41.
Neb. Rev. Stat. § 24-703.03 — NE Code / Chapter 24 / Section 24-703.03
View Statute 24-703.03
Status: in_force

Any future member who has not previously retired prior to July 1, 2004, may elect to make contributions as provided in subdivision (2)(b) of section 24-703 and receive benefits as described in sections 24-707.01 and 24-708 . Such election shall be made by written notice delivered to the board not later than ninety days after July 1, 2004.

Laws 2004, LB 1097, § 8.
Neb. Rev. Stat. § 61-519 — NE Code / Chapter 61 / Section 61-519
View Statute 61-519
Status: in_force

The department may adopt and promulgate rules and regulations to carry out the Public Water and Natural Resources Project Contracting Act.

Laws 2023, LB565, § 19.
Neb. Rev. Stat. § 69-403 — NE Code / Chapter 69 / Section 69-403
View Statute 69-403
Status: in_force

During the usual and customary business hours of a secondary metals recycler, any peace officer shall have the right to inspect:

(1) Any and all purchased regulated metals property in the possession of the secondary metals recycler; and

(2) Any and all records required to be maintained under section 69-402 .

Laws 2008, LB766, § 3.
Neb. Rev. Stat. § 71-2611 — NE Code / Chapter 71 / Section 71-2611
View Statute 71-2611
Status: in_force

No member of the State Board of Health shall be liable in damages to any person for slander, libel, defamation of character, breach of any privileged communication, or otherwise for any action taken or recommendation made within the scope of the functions of such board while acting as an agent of the state if such board member acts without malice and in the reasonable belief that such action or recommendation is warranted by the facts known to him or her after a reasonable effort is made to obtain the facts on which such action is taken or recommendation is made.

Laws 2003, LB 56, § 8.
Neb. Rev. Stat. § 53-103.14 — NE Code / Chapter 53 / Section 53-103.14
View Statute 53-103.14
Status: in_force

Franchise or agreement, with reference to the relationship between a manufacturer and wholesaler, includes one or more of the following:

(1) A commercial relationship of a definite duration or continuing indefinite duration which is not required to be in writing;

(2) A relationship by which the wholesaler is granted the right to offer and sell the manufacturer's brands by the manufacturer;

(3) A relationship by which the franchise, as an independent business, constitutes a component of the manufacturer's distribution system;

(4) A relationship by which the operation of the wholesaler's business is substantially associated with the manufacturer's brand, advertising, or other commercial symbol designating the manufacturer; and

(5) A relationship by which the operation of the wholesaler's business is substantially reliant on the manufacturer for the continued supply of beer.

Laws 2010, LB861, § 22.
Neb. Rev. Stat. § 24-708.01 — NE Code / Chapter 24 / Section 24-708.01
View Statute 24-708.01
Status: in_force

For a member who retired under section 24-708 and becomes employed full-time or part-time as a judge in the state after his or her retirement date, the retired member shall continue receiving retirement benefits, shall be treated as a new judge for all purposes of the Judges Retirement Act, and shall receive service credit only for service commencing from the date of reemployment. Retired judges who are assigned to temporary duty as provided in sections 24-729 to 24-733 shall not become contributing active members in the retirement system and shall not receive any service credits.

Laws 1997, LB 624, § 14.
Neb. Rev. Stat. § 60-1411.01 — NE Code / Chapter 60 / Section 60-1411.01
View Statute 60-1411.01
Status: in_force

(1) To pay the expenses of the administration, operation, maintenance, and enforcement of the Motor Vehicle Industry Regulation Act, the board shall collect with each application for each class of license fees not exceeding the following amounts:

(a) Motor vehicle dealer's license, four hundred dollars;

(b) Supplemental motor vehicle dealer's license, twenty dollars;

(c) Dealer's agent license, one hundred dollars;

(d) Motor vehicle, motorcycle, or trailer manufacturer's license, six hundred dollars;

(e) Distributor's license, six hundred dollars;

(f) Factory representative's license, twenty dollars;

(g) Distributor representative's license, twenty dollars;

(h) Finance company's license, four hundred dollars;

(i) Wrecker or salvage dealer's license, two hundred dollars;

(j) Factory branch license, two hundred dollars;

(k) Motorcycle dealer's license, four hundred dollars;

(l) Motor vehicle auction dealer's license, four hundred dollars; and

(m) Trailer dealer's license, four hundred dollars.

(2) The fees shall be fixed by the board and shall not exceed the amount actually necessary to sustain the administration, operation, maintenance, and enforcement of the act.

(3) Such licenses, if issued, shall expire on December 31 next following the date of the issuance thereof. Any motor vehicle, motorcycle, or trailer dealer changing its location shall not be required to obtain a new license if the new location is within the same city limits or county, all requirements of law are complied with, and a fee of twenty-five dollars is paid, but any change of ownership of any licensee shall require a new application for a license and a new license. Change of name of licensee without change of ownership shall require the licensee to obtain a new license and pay a fee of five dollars. Applications shall be made each year for a new or renewal license. If the applicant is an individual, the application shall include the applicant's social security number.

Laws 1971, LB 768, § 11;

Laws 1972, LB 1335, § 8;

Laws 1974, LB 754, § 9;

Laws 1978, LB 248, § 7;

Laws 1984, LB 825, § 16;

Laws 1997, LB 752, § 147;

Laws 1998, LB 903, § 4;

Laws 1999, LB 632, § 3;

Laws 2003, LB 498, § 7;

Laws 2007, LB681, § 1;

Laws 2010, LB816, § 66;

Laws 2017, LB346, § 8.
Neb. Rev. Stat. § 2-2004 — NE Code / Chapter 2 / Section 2-2004
View Statute 2-2004
Status: in_force

No fee of any kind shall be required by the Secretary of State for any filings made under sections 2-2001 and 2-2002 .

Laws 1949, c. 2, § 4, p. 58.
Neb. Rev. Stat. § 71-2620 — NE Code / Chapter 71 / Section 71-2620
View Statute 71-2620
Status: in_force

The Division of Public Health of the Department of Health and Human Services may enter into agreements, not exceeding one year in duration, with any other governmental agency relative to the provision of certain laboratory tests and services to the agency. Such services shall be provided as stipulated in the agreement and for such fee, either lump sum or by the item, as is mutually agreed upon and as complies with the provisions of section 71-2619 . All laboratories performing human genetic testing for clinical diagnosis and treatment purposes shall be accredited by the College of American Pathologists or by any other national accrediting body or public agency which has requirements that are substantially equivalent to or more comprehensive than those of the college.

Laws 1973, LB 583, § 3;

Laws 1996, LB 1044, § 637;

Laws 2001, LB 432, § 11;

Laws 2007, LB296, § 553;

Laws 2008, LB928, § 21.
Neb. Rev. Stat. § 13-2503 — NE Code / Chapter 13 / Section 13-2503
View Statute 13-2503
Status: in_force

For purposes of the Joint Public Agency Act:

(1) Board means the board of representatives of a joint public agency;

(2) Governing body has the same meaning as in section 13-503 and, when referring to state agencies, includes the governing board of a state agency or the Governor and, when referring to federal agencies, includes the governing board of a federal agency or the President of the United States;

(3) Joint public agency means an entity created by agreement pursuant to the act;

(4) Person means a natural person, public authority, private corporation, association, firm, partnership, limited liability company, or business trust of any nature whatsoever organized and existing under the laws of this state or of the United States or any other state thereof. The term does not include a joint public agency;

(5) Public agency means any county, city, village, school district, or agency of the state government or of the United States, any drainage district, sanitary and improvement district, or other municipal corporation or political subdivision of this state, and any political subdivision of another state;

(6) Representative means a member of the board and includes an alternate representative; and

(7) State means a state of the United States and the District of Columbia.

Laws 1999, LB 87, § 3.
Neb. Rev. Stat. § 43-3321 — NE Code / Chapter 43 / Section 43-3321
View Statute 43-3321
Status: in_force

(1) Upon presentation by the license holder of a written confirmation of compliance to the Department of Motor Vehicles, the license holder may have his or her operator's license reinstated upon payment of a reinstatement fee of fifty dollars. The Department of Motor Vehicles shall remit the fee to the State Treasurer for credit to the Department of Motor Vehicles Cash Fund.

(2) Upon presentation by the license holder of a written confirmation of compliance to the relevant licensing authority and upon payment of any fee which may be prescribed by the relevant licensing authority, the license holder may have his or her professional, occupational, or recreational license reinstated or renewed. The professional, occupational, or recreational license may be automatically reinstated or renewed pursuant to the relevant licensing authority's least restrictive reinstatement or renewal procedure applicable to license suspension, probation, or other licensing authority disciplinary action, except that the license holder must meet any other customary or standard requirement for reinstatement or renewal as required by the relevant licensing authority.

Laws 1997, LB 752, § 21;

Laws 2001, LB 38, § 3.