FrankGoortani/open-us-law huggingface dataset:
Neb. Rev. Stat. § 38-146 — NE Code / Chapter 71 / Section 38-146
38-146
Status: in_force

(1) Each person holding an active credential within the state shall, on or before the date of expiration of his or her credential, comply with continuing competency requirements for his or her profession. Except as otherwise provided in this section, the department shall not renew the credential of any person who has not complied with such requirements.

(2) The department may waive continuing competency requirements, in whole or in part, upon submission by a credential holder of documentation that circumstances beyond his or her control have prevented completion of such requirements. Such circumstances shall include, but not be limited to:

(a) The credential holder has served in the regular armed forces of the United States during part of the credentialing period immediately preceding the renewal date;

(b) The credential holder was first credentialed within the credentialing period immediately preceding the renewal date; or

(c) Other circumstances prescribed by rules and regulations adopted and promulgated under the appropriate practice act.

(3) Each credential holder shall be responsible for maintaining certificates or records of continuing competency activities.

The department or appropriate board may biennially select, in a random manner, a sample of the renewal applications for audit of continuing competency requirements. Each credential holder selected for audit shall be required to produce documentation of the continuing competency activities. The credential of any person who fails to comply with the conditions of the audit shall expire thirty days after notice and an opportunity for a hearing.

Laws 1976, LB 877, § 15;

Laws 1985, LB 250, § 5;

Laws 1986, LB 286, § 63;

Laws 1986, LB 579, § 55;

Laws 1986, LB 926, § 34;

Laws 1994, LB 1210, § 42;

Laws 1997, LB 307, § 120;

Laws 1999, LB 828, § 48;

Laws 2001, LB 209, § 3;

Laws 2002, LB 1021, § 13;

R.S.1943, (2003), § 71-161.10;

Laws 2007, LB463, § 46.
Neb. Rev. Stat. § 43-1706 — NE Code / Chapter 43 / Section 43-1706
View Statute 43-1706
Status: in_force

Department shall mean the Department of Health and Human Services.

Laws 1985, Second Spec. Sess., LB 7, § 26;

Laws 1996, LB 1044, § 203;

Laws 1997, LB 307, § 79.
Neb. Rev. Stat. § 53-166.15 — NE Code / Chapter 53 / Section 53-166.15
View Statute 53-166.15
Status: in_force

Note: The Revisor of Statutes, as authorized by section 49-705, has omitted sections 53-166.01 to 53-166.17, which the Supreme Court has held to be unconstitutional. United States Brewers' Assn., Inc. v. State, 192 Neb. 328, 220 N.W.2d 544 (1974).
Neb. Rev. Stat. § 68-1928 — NE Code / Chapter 68 / Section 68-1928
View Statute 68-1928
Status: in_force

(1) The department shall discontinue collection of the quality assurance assessments:

(a) If the waiver requested pursuant to section 68-1927 or the medicaid state plan amendment reflecting the payment rates in section 68-1926 is given final disapproval by the Centers for Medicare and Medicaid Services of the United States Department of Health and Human Services;

(b) If, in any fiscal year, the state appropriates funds for nursing facility or skilled nursing facility rates at an amount that reimburses nursing facilities or skilled nursing facilities at a lesser percentage than the median percentage appropriated to other classes of providers of covered services under the medical assistance program;

(c) If money in the Nursing Facility Quality Assurance Fund is appropriated, transferred, or otherwise expended for any use other than uses permitted pursuant to the Nursing Facility Quality Assurance Assessment Act; or

(d) If federal financial participation to match the quality assurance assessments made under the act becomes unavailable under federal law. In such case, the department shall terminate the collection of the quality assurance assessments beginning on the date the federal statutory, regulatory, or interpretive change takes effect.

(2) If collection of the quality assurance assessment is discontinued as provided in this section, the money in the Nursing Facility Quality Assurance Fund shall be returned to the nursing facilities or skilled nursing facilities from which the quality assurance assessments were collected on the same basis as the assessments were assessed.

Laws 2011, LB600, § 28.
Neb. Rev. Stat. § 2-3226 — NE Code / Chapter 2 / Section 2-3226
View Statute 2-3226
Status: in_force

Each district shall have the power and authority to issue revenue bonds for the purpose of financing construction of facilities authorized by law. Issuance of revenue bonds must be approved by two-thirds of the members of the board of directors of the district. The district shall pledge sufficient revenue from any revenue-producing facility constructed with the aid of revenue bonds for the payment of principal and interest on such bonds and shall establish rates for such facilities at a sufficient level to provide for the operation of such facilities and for the bond payments.

Laws 1969, c. 9, § 26, p. 116;

Laws 1971, LB 534, § 1;

Laws 1972, LB 540, § 2;

Laws 1994, LB 480, § 8;

Laws 1998, LB 896, § 6;

Laws 1999, LB 436, § 4.
Neb. Rev. Stat. § 25-1587.08 — NE Code / Chapter 25 / Section 25-1587.08
View Statute 25-1587.08
Status: in_force

The Nebraska Uniform Enforcement of Foreign Judgments Act shall be so interpreted and construed as to effectuate its general purpose to make uniform the law of those states which enact it.

Laws 1993, LB 458, § 8.
Neb. Rev. Stat. § 69-1307.07 — NE Code / Chapter 69 / Section 69-1307.07
View Statute 69-1307.07
Status: in_force

The State Treasurer, upon receiving military medals, shall hold and maintain the military medals for ten years or until the original owner or the owners' respective heirs or beneficiaries can be identified and the military medals returned. After ten years, the State Treasurer may designate a veteran's organization, an awarding agency, or a governmental entity as the custodian of the military medals. Once the military medals are turned over to a veteran's organization, an awarding agency, or a governmental entity, the State Treasurer will no longer be responsible for the safekeeping of the military medals.

Laws 2012, LB819, § 3.
Neb. Rev. Stat. § 18-2504 — NE Code / Chapter 18 / Section 18-2504
View Statute 18-2504
Status: in_force

City clerk means the city clerk, village clerk, or other municipal official in charge of elections.

Laws 1982, LB 807, § 4;

Laws 2021, LB163, § 167.
Neb. Rev. Stat. § 21-2440 — NE Code / Chapter 21 / Section 21-2440
View Statute 21-2440
Status: in_force

Interested shareholder shall mean any person, other than the issuing public corporation or any subsidiary of the issuing public corporation, who is (1) the owner, directly or indirectly, of ten percent or more of the outstanding voting stock of such corporation or (2) an affiliate or associate of such corporation and at any time within the five-year period immediately prior to the date in question was the owner, directly or indirectly, of ten percent or more of the then outstanding voting stock of such corporation. For the purpose of determining whether a person is an interested shareholder, the number of shares of voting stock of such corporation deemed to be outstanding shall include shares deemed to be owned by such person but shall not include any other unissued shares of voting stock of such corporation which may be issuable pursuant to any agreement, arrangement, or understanding or upon exercise of conversion rights, warrants, or options or otherwise.

Laws 1988, LB 1110, § 10.
Neb. Rev. Stat. § 30-3131 — NE Code / Chapter 30 / Section 30-3131
View Statute 30-3131
Status: in_force

To the extent that a trustee accounts for receipts from rental property pursuant to this section, the trustee shall allocate to income an amount received as rent of real or personal property, including an amount received for cancellation or renewal of a lease. An amount received as a refundable deposit, including a security deposit or a deposit that is to be applied as rent for future periods, must be added to principal and held subject to the terms of the lease and is not available for distribution to a beneficiary until the trustee's contractual obligations have been satisfied with respect to that amount.

Laws 2001, LB 56, § 16.
Neb. Rev. Stat. § 37-237.01 — NE Code / Chapter 37 / Section 37-237.01
View Statute 37-237.01
Status: in_force

Protected bird means all birds except game birds, English sparrows, European starlings, and pigeons other than Antwerp or homing pigeons, commonly called Carrier Pigeons.

Laws 1999, LB 176, § 9.
Neb. Rev. Stat. § 44-7618 — NE Code / Chapter 44 / Section 44-7618
View Statute 44-7618
Status: in_force

(1) A multiple employer welfare arrangement that provides health care coverage to self-employed individuals shall comply with the Patient Protection and Affordable Care Act, Public Law 111-148, as amended by the Health Care and Education Reconciliation Act of 2010, Public Law 111-152, as such acts existed on January 1, 2020, and the following protections for covered individuals that would otherwise be required under the Employee Retirement Income Security Act of 1974:

(a) Fiduciary duties in section 404 of the Employee Retirement Income Security Act of 1974, 29 U.S.C. 1104;

(b) Claims and appeal procedures in section 503 of the Employee Retirement Income Security Act of 1974, 29 U.S.C. 1133;

(c) The Paul Wellstone and Pete Domenici Mental Health Parity and Addiction Equity Act of 2008, 29 U.S.C. 1185a;

(d) The Newborns' and Mothers' Health Protection Act of 1996, 29 U.S.C. 1185; and

(e) The Genetic Information Nondiscrimination Act of 2008, 29 U.S.C. 1182.

(2) A multiple employer welfare arrangement that provides health care coverage to covered individuals who are self-employed individuals shall establish and maintain a surplus in the trust established pursuant to section 44-7607 in an amount equal to at least seven hundred fifty thousand dollars. The director may increase the amount required to be deposited in the trust based on the director's determination that such an increase is necessary after considering the level of aggregate and specific stop-loss insurance provided with respect to such multiple employer welfare arrangement and other factors related to solvency risk, such as the multiple employer welfare arrangement's projected levels of participation or claims, the nature of the multiple employer welfare arrangement's liabilities, and the types of assets available to assure that such liabilities are met.

Laws 2020, LB1014, § 8.
Neb. Rev. Stat. § 44-224.03 — NE Code / Chapter 44 / Section 44-224.03
View Statute 44-224.03
Status: in_force

(1) Any domestic stock insurance company may cede its business to another licensed insurer by a contract of bulk reinsurance, but such contract shall not become effective unless first filed with and approved by the director and thereafter approved by a majority vote of the shareholders of the ceding company present in person or by proxy and voting at an annual meeting or at a special meeting called for that purpose.

(2) The director shall approve such contract within a reasonable time after such filing unless he or she finds it is inequitable to the shareholders or policyholders of both insurers. If the director does not approve the contract, he or she shall so notify the respective insurers in writing specifying his or her reasons therefor. If approved by the director, the contract shall then be submitted to the shareholders of the ceding company for their approval as provided in subsection (1) of this section. If approved by the required vote of the shareholders, the contract shall then become effective.

Laws 1957, c. 180, § 3, p. 620;

Laws 1989, LB 92, § 73.
Neb. Rev. Stat. § 53-220 — NE Code / Chapter 53 / Section 53-220
View Statute 53-220
Status: in_force

A supplier that, in violation of section 53-218 or 53-219 , (1) has amended, modified, canceled, terminated, or refused to renew any agreement, (2) has caused a wholesaler to resign from an agreement, or (3) has interfered with, prevented, or unreasonably delayed or, when required by sections 53-201 to 53-223 , has unreasonably withheld or unreasonably delayed consent to or approval of any assignment or transfer of a wholesaler's business shall pay the wholesaler reasonable compensation for the diminished value of the wholesaler's business, including any ancillary business which has been negatively affected by the act of the supplier. The value of the wholesaler's business or ancillary business shall include, but not be limited to, any goodwill. Nothing in such sections shall give rise to a claim against the supplier or wholesaler by any proposed purchaser of the wholesaler's business.

Laws 1989, LB 371, § 20.
Neb. Rev. Stat. § 25-2161 — NE Code / Chapter 25 / Section 25-2161
View Statute 25-2161
Status: in_force

The allowance of the writ must be endorsed thereon, signed by a judge of the court granting it, and the writ must be served personally upon the defendant. If the defendant duly served neglects to return the same, he shall be proceeded against, as for a contempt.

R.S.1867, Code § 650, p. 508;

R.S.1913, § 8276;

C.S.1922, § 9229;

C.S.1929, § 20-2161;

R.S.1943, § 25-2161.

This section does not authorize judge to issue writ. Clerk of district court issues writ, authenticated by seal of the court. State ex rel. Hansen v. Carrico, 86 Neb. 448, 125 N.W. 1110 (1910).

This section does not authorize judge to issue writ. Clerk of district court issues writ, authenticated by seal of the court. State ex rel. Hansen v. Carrico, 86 Neb. 448, 125 N.W. 1110 (1910).
Neb. Rev. Stat. § 44-1413 — NE Code / Chapter 44 / Section 44-1413
View Statute 44-1413
Status: in_force

(1) The personnel division of the Department of Administrative Services, in its discretion, may develop and implement a program for state employees receiving health insurance coverage under sections 84-1601 to 84-1615 that is similar to the shared savings incentive payment program described in section 44-1407 . If the division develops and implements such a program, the division may use the State Employees Insurance Fund to make incentive payments to state employees pursuant to such program.

(2) If a program for state employees is developed and implemented pursuant to this section, then on or before July 1 of each year after implementation of such program, the personnel division of the Department of Administrative Services shall electronically report to the Legislature the following information for the most recent calendar year:

(a) The total number of incentive payments made pursuant to the program;

(b) The use of shoppable health care services by category of service for which incentive payments are made;

(c) The total amount of incentive payments made to state employees;

(d) The average amount of incentive payments made by category of shoppable health care service;

(e) The total savings achieved below the average prices by category of shoppable health care service; and

(f) The total number and percentage of state employees that participated in the program.

Laws 2018, LB1119, § 23.
Neb. Rev. Stat. § 14-567 — NE Code / Chapter 14 / Section 14-567
View Statute 14-567
Status: in_force

(1) Each December 31, for a defined benefit plan the pension board or its designee shall prepare and electronically file an annual report with the Auditor of Public Accounts and the Nebraska Retirement Systems Committee of the Legislature. If such retirement plan is a defined benefit plan which was open to new members on January 1, 2004, the report shall be in addition to the reports required by section 13-2402 . The report shall be on a form prescribed by the Auditor of Public Accounts and shall include, but not be limited to, the following information:

(a) The levels of benefits of participants in the plan, the number of members who are eligible for a benefit, the total present value of such members' benefits, and the funding sources which will pay for such benefits; and

(b) A copy of a full actuarial analysis of each such defined benefit plan. The analysis shall be prepared by an independent private organization or public entity employing actuaries who are members in good standing of the American Academy of Actuaries, and which organization or entity has demonstrated expertise to perform this type of analysis and is unrelated to any organization which offers investment advice or provides investment management services to the retirement plan.

(2) The Auditor of Public Accounts may prepare a review of such report pursuant to section 84-304.02 but is not required to do so. If the pension board does not submit a copy of the report to the Auditor of Public Accounts within six months after the end of the plan year, the Auditor of Public Accounts may audit, or cause to be audited, the pension board. All costs of the audit shall be paid by the pension board.

Laws 1998, LB 1191, § 5;

Laws 1999, LB 795, § 3;

Laws 2011, LB474, § 3;

Laws 2014, LB759, § 4;

Laws 2017, LB415, § 3;

Laws 2022, LB800, § 212.
Neb. Rev. Stat. § 44-2831 — NE Code / Chapter 44 / Section 44-2831
View Statute 44-2831
Status: in_force

(1) The director may, at any time, analyze the fund to determine if the amount in such fund is inadequate to pay in full all claims allowed or to be allowed during the calendar year. Upon such determination, the director shall have the power to levy a special surcharge on all health care providers who have qualified under the Nebraska Hospital-Medical Liability Act, which special surcharge shall be an amount sufficient to permit full payment of all claims allowed against the fund during a calendar year. The special surcharge shall be levied against all health care providers who have qualified under the Nebraska Hospital-Medical Liability Act on the date of the special surcharge or at any time during the preceding twelve months and shall be in an amount proportionate to the surcharge each health care provider has paid to the fund. Such special surcharge shall be due and payable within thirty days after the same is levied.

(2) The director shall have authority to cause all or any part of the potential liability of the Excess Liability Fund to be reinsured, if such reinsurance is available, on a fair and reasonable basis. The cost of such reinsurance shall be paid by the fund and the fact of the reinsurance shall be taken into account in determining the surcharge as provided in sections 44-2829 and 44-2830 , but in no event shall the surcharge exceed fifty percent of the annual premium paid by a health care provider for maintenance of current financial responsibility.

Laws 1976, LB 434, § 31;

Laws 1984, LB 692, § 12;

Laws 2003, LB 146, § 4;

Laws 2004, LB 998, § 5.
Neb. Rev. Stat. § 70-728 — NE Code / Chapter 70 / Section 70-728
View Statute 70-728
Status: in_force

Any two or more corporations may enter into an agreement for the consolidation of such corporations. The agreement shall set forth the terms and conditions of the consolidation, the name of the proposed consolidated corporation, the number of its directors, not less than five, the time of the annual meeting and election, and the names of at least five persons to be directors until the first annual meeting. If such agreement is approved by the votes of a majority of the members of each corporation present in person at any regular meeting, or at any special meeting of its members called for that purpose, the directors named in the agreement shall sign and acknowledge, as incorporators, articles of consolidation conforming substantially to original articles of incorporation of a corporation organized under sections 70-701 to 70-738 .

Laws 1937, c. 50, § 27, p. 211;

C.S.Supp.,1941, § 70-827;

R.S.1943, § 70-728.
Neb. Rev. Stat. § 68-940 — NE Code / Chapter 68 / Section 68-940
View Statute 68-940
Status: in_force

(1) In determining the amount of any penalties or damages awarded under the False Medicaid Claims Act, the following shall be taken into account:

(a) The nature of claims and the circumstances under which they were presented;

(b) The degree of culpability and history of prior offenses of the person presenting the claims;

(c) Coordination of the total penalties and damages arising from the same claims, goods, or services, whether based on state or federal statute; and

(d) Such other matters as justice requires.

(2)(a) Any person who presents a false medicaid claim is subject to civil liability as provided in section 68-936 , except when the court finds that:

(i) The person committing the violation of the False Medicaid Claims Act furnished officials of the state responsible for investigating violations of the act with all information known to such person about the violation within thirty days after the date on which the defendant first obtained the information;

(ii) Such person fully cooperated with any state investigation of such violation; and

(iii) At the time such person furnished the state with the information about the violation, no criminal prosecution, civil action, or administrative action had commenced under the act with respect to such violation and the person did not have actual knowledge of the existence of an investigation into such violation.

(b) The court may assess not more than two times the amount of the false medicaid claims submitted because of the action of a person coming within the exception under subdivision (2)(a) of this section, and such person is also liable for the state's costs and attorney's fees for a civil action brought to recover any penalty or damages.

(3) Amounts recovered under the False Medicaid Claims Act shall be remitted to the State Treasurer for credit to the Health and Human Services Cash Fund, except that (a) amounts recovered for the state's costs and attorney's fees pursuant to subdivision (2)(b) of this section and sections 68-936 and 68-939 shall be remitted to the State Treasurer for credit to the State Medicaid Fraud Control Unit Cash Fund and (b) the State Treasurer shall distribute civil penalties in accordance with Article VII, section 5, of the Constitution of Nebraska.

Laws 1996, LB 1155, § 70;

Laws 1997, LB 307, § 111;

R.S.1943, (2003), § 68-1037.04;

Laws 2004, LB 1084, § 7;

R.S.Supp.,2004, § 68-1079;

Laws 2006, LB 1248, § 40;

Laws 2007, LB296, § 261;

Laws 2009, LB288, § 22.
Neb. Rev. Stat. § 14-519 — NE Code / Chapter 14 / Section 14-519
View Statute 14-519
Status: in_force

The city council of a city of the metropolitan class may issue bonds for the purpose of constructing public comfort stations. The city council may issue bonds for such purpose without a vote of the electors in an amount not exceeding fifty thousand dollars in any one year.

Laws 1921, c. 116, art. IV, § 16, p. 476;

C.S.1922, § 3640;

C.S.1929, § 14-517;

R.S.1943, § 14-519;

Laws 2022, LB800, § 170.