FrankGoortani/open-us-law huggingface dataset:
Neb. Rev. Stat. § 55-205 — NE Code / Chapter 55 / Section 55-205
View Statute 55-205
Status: in_force

No person shall be enlisted for more than three years, but such enlistment may be renewed. The oath, to be taken upon enlistment in such forces, shall be substantially in the form prescribed for enlisted men of the National Guard, substituting the words Nebraska State Guard where necessary.

Laws 1941, c. 116, § 11, p. 450;

C.S.Supp.,1941, § 55-411;

Laws 1943, c. 126, § 5, p. 429;

R.S.1943, § 55-205.
Neb. Rev. Stat. § 2-4004 — NE Code / Chapter 2 / Section 2-4004
View Statute 2-4004
Status: in_force

(1) The board shall be composed of grower members who (a) are citizens of Nebraska, (b) are at least twenty-one years of age, and (c) derive a portion of their income from growing grain sorghum. The Director of Agriculture and the vice chancellor of the University of Nebraska Institute of Agriculture and Natural Resources shall be ex officio members of the board but shall have no vote in board matters.

(2) Except as provided in section 2-4006 or 2-4007 , the members shall be appointed as follows:

(a) One member shall be appointed by the Governor from each of the following districts:

(i) District 1: The counties of Cedar, Dixon, Dakota, Wayne, Thurston, Stanton, Cuming, Burt, Colfax, Dodge, Washington, Douglas, Butler, Saunders, Sarpy, Seward, Saline, Lancaster, Cass, Otoe, Jefferson, Gage, Johnson, Nemaha, Pawnee, and Richardson;

(ii) District 2: The counties of Knox, Antelope, Pierce, Madison, Boone, Platte, Nance, Merrick, Polk, Hamilton, York, Adams, Clay, Fillmore, Webster, Nuckolls, and Thayer;

(iii) District 3: The counties of Keya Paha, Boyd, Brown, Rock, Holt, Blaine, Loup, Garfield, Wheeler, Custer, Valley, Greeley, Sherman, Howard, Dawson, Buffalo, Hall, Gosper, Phelps, Kearney, Furnas, Harlan, and Franklin; and

(iv) District 4: The counties of Sioux, Dawes, Box Butte, Sheridan, Cherry, Scotts Bluff, Banner, Kimball, Morrill, Cheyenne, Garden, Deuel, Grant, Hooker, Thomas, Arthur, McPherson, Logan, Keith, Perkins, Lincoln, Chase, Hayes, Frontier, Dundy, Hitchcock, and Red Willow; and

(b) Three members shall be appointed from the state at large, two of whom shall be appointed by the Governor and one appointed by the board. When making at-large appointments, the Governor and the board shall, to the extent practicable, seek to achieve an equitable representation of grain sorghum producers in terms of the geographic distribution of grain sorghum production in the state. No more than two at-large members may reside in a single district as defined by subdivision (a) of this subsection.

(3) The board shall elect from its members a chairperson, treasurer, and such other officers as may be necessary. Except as provided in section 2-4006 , the term of office for members of the board shall be three years and until their successors are appointed and qualified.

(4) Whenever a vacancy occurs on the board for any reason, the remaining board members shall appoint an individual to fill such vacancy from the district in which the vacancy exists. If the vacant position is that of an at-large member, the appointment to fill such vacancy shall be made at large subject to subdivision (2)(b) of this section.

Laws 1981, LB 11, § 4;

Laws 2011, LB107, § 1.
Neb. Rev. Stat. § 70-1106 — NE Code / Chapter 70 / Section 70-1106
View Statute 70-1106
Status: in_force

Sections 70-650.01 and 70-1101 to 70-1106 shall be deemed to be complete within themselves, to cover the entire subject to which it relates and to be an independent act.

Laws 1963, c. 398, § 7, p. 1272.
Neb. Rev. Stat. § 38-2856 — NE Code / Chapter 71 / Section 38-2856
38-2856
Status: in_force

The holder of a temporary educational permit shall be entitled to practice pharmacy while serving in a supervised educational program or in an approved graduate pharmacy education program conducted by an accredited hospital or clinic in the State of Nebraska or by an accredited school or college of pharmacy in the State of Nebraska. The holder of a temporary educational permit shall not be qualified to engage in the practice of pharmacy outside of the assigned training program or outside the confines of the accredited hospital or clinic or the accredited school or college.

Laws 1978, LB 675, § 7;

R.S.1943, (2003), § 71-1,147.23;

Laws 2007, LB463, § 952.
Neb. Rev. Stat. § 44-4849 — NE Code / Chapter 44 / Section 44-4849
View Statute 44-4849
Status: in_force

The district court of Lancaster County may cause audits to be made of the books of the director relating to any receivership established under the Nebraska Insurers Supervision, Rehabilitation, and Liquidation Act, and a report of each audit shall be filed with the director and with the court. The books, records, and other documents of the receivership shall be made available to the auditor at any time without notice. The expense of each audit shall be considered a cost of administration of the receivership.

Laws 1989, LB 319, § 49.
Neb. Rev. Stat. § 37-206 — NE Code / Chapter 37 / Section 37-206
View Statute 37-206
Status: in_force

Aquatic disease means any departure from a normal state of health of aquatic organisms caused by disease agents.

Laws 1998, LB 922, § 16.
Neb. Rev. Stat. § 44-3708 — NE Code / Chapter 44 / Section 44-3708
View Statute 44-3708
Status: in_force

Motor club service contract shall mean any written agreement whereby any club, for a consideration, promises to render, furnish, or procure for any member a motor club service.

Laws 1981, LB 113, § 8.
Neb. Rev. Stat. § 70-732 — NE Code / Chapter 70 / Section 70-732
View Statute 70-732
Status: in_force

Any corporation which purports to have been incorporated or reincorporated under sections 70-701 to 70-738 , but which has not complied with all of the requirements for legal corporate existence, may nevertheless file a certificate of dissolution in the same manner as a validly existing corporation. The certificate of dissolution in such case may be authorized by a majority of the incorporators or directors at a meeting called by any incorporator upon ten days' notice mailed to the last-known post office address of each incorporator or director, and held at the principal office of the corporation named in the articles of incorporation.

Laws 1937, c. 50, § 28, p. 211;

C.S.Supp.,1941, § 70-828;

R.S.1943, § 70-732.
Neb. Rev. Stat. § 16-212 — NE Code / Chapter 16 / Section 16-212
View Statute 16-212
Status: in_force

A city of the first class by ordinance may regulate the crossing of railway tracks and provide precautions and prescribe rules regulating the same, regulate the running of railway engines, cars, and trucks within the limits of such city, and prescribe rules relating thereto, and govern the speed thereof, and make other and further provisions, rules, and restrictions to prevent accidents at the crossings and on the tracks of railways, and to prevent fires from engines. A city of the first class may regulate and prescribe the manner of running street cars, require the heating and cleaning of such cars, and fix and determine the fare charged, require the lighting of any railways within the city in such manner as the city shall prescribe, and fix and determine the number, style, and size of the lampposts, burners, lamps, and all other fixtures and apparatus necessary for such lighting, and the points of location for such lampposts. If the company owning or operating such railways shall fail to comply with such requirements, the city council may cause such requirements to be complied with by giving notice of such action and may assess the expense of complying with such requirements against such company, and the expense shall constitute a lien on any real estate belonging to such company, and lying within such city, and may be collected in the same manner as taxes for general purposes. The city may (1) require railroad companies to keep flagmen at all railroad crossings of streets, and provide protection against injury to persons and property in the use of such railroads, (2) compel any railroad to raise or lower their railroad tracks to conform to the general grade, which may at any time be established by such city, and where such tracks run lengthwise through or over any street, alley, or highway, to keep the tracks level with the street surface, and (3) compel and require railroad companies to keep open the streets, and to construct and keep in repair ditches, drains, sewers, and culverts, along and under their railroad tracks, and to pave their whole right-of-way on all paved streets, and keep the right-of-way and tracks in repair.

Laws 1901, c. 18, § 48, XVI, p. 249;

R.S.1913, § 4828;

C.S.1922, § 3996;

C.S.1929, § 16-213;

R.S.1943, § 16-212;

Laws 2016, LB704, § 20.
Neb. Rev. Stat. § 28-363 — NE Code / Chapter 28 / Section 28-363
View Statute 28-363
Status: in_force

Physical injury shall mean damage to bodily tissue caused by nontherapeutic conduct, including, but not limited to, fractures, bruises, lacerations, internal injuries, or dislocations, and shall include, but not be limited to, physical pain, illness, or impairment of physical function.

Laws 1988, LB 463, § 16.
Neb. Rev. Stat. § 44-1407 — NE Code / Chapter 44 / Section 44-1407
View Statute 44-1407
Status: in_force

(1) An insurance carrier shall develop and implement a shared savings incentive payment program that provides incentive payments for enrollees in a health plan who elect to receive shoppable health care services that are covered by the plan from providers that charge less than the average price paid by that insurance carrier for that shoppable health care service.

(2) Incentive payments may be calculated as a percentage of the difference in price, as a flat dollar amount, or by some other reasonable methodology approved by the director. The insurance carrier must provide the incentive payment as a cash payment to the enrollee.

(3) The shared savings incentive payment program must provide enrollees with at least fifty percent of the insurance carrier’s saved costs for each shoppable health care service or category of shoppable health care service resulting from shopping by enrollees. An insurance carrier is not required to provide an incentive payment or credit to an enrollee when the insurance carrier’s saved cost is fifty dollars or less.

(4) An insurance carrier shall base the average price on the average amount paid to an in-network provider for the procedure or service under the enrollee’s health plan within a reasonable timeframe not to exceed one year. An insurance carrier may determine an alternate methodology for calculating the average price if approved by the director.

Laws 2018, LB1119, § 17.
Neb. Rev. Stat. § 70-1805.01 — NE Code / Chapter 70 / Section 70-1805.01
View Statute 70-1805.01
Status: in_force

Mandated project bond issuer means an entity created pursuant to section 70-1818 .

Laws 2015, LB141, § 4.
Neb. Rev. Stat. § 14-2148 — NE Code / Chapter 14 / Section 14-2148
14-2148
Status: in_force

Whenever it may be deemed necessary, the board of directors of the metropolitan utilities district or its employees shall have the authority, in the discharge of their duties, to enter upon any lands or premises for the examination or survey thereof, for the purpose of repairing any water or natural gas pipe, for the purpose of inspecting any water or natural gas service or the plumbing connected with any such service, for the purpose of removing or connecting any apparatus required in connection with such service and plumbing under the rules and regulations of the board, for the purpose of reading any meter or meters attached to the service, or for any other purpose whatsoever in connection with or relating to the water or natural gas service.

Laws 1913, c. 143, § 10, p. 355;

R.S.1913, § 4252;

C.S.1922, § 3755;

C.S.1929, § 14-1011;

R.S.1943, § 14-1017;

R.S.1943, (1991), § 14-1017;

Laws 1992, LB 746, § 48.
Neb. Rev. Stat. § 38-709 — NE Code / Chapter 38 / Section 38-709
View Statute 38-709
Status: in_force

To renew a license to practice as a certified registered nurse anesthetist, the applicant shall have current certification by the Council on Certification of Nurse Anesthetists.

Laws 1981, LB 379, § 32;

Laws 1993, LB 536, § 73;

Laws 1995, LB 563, § 42;

Laws 1996, LB 414, § 46;

Laws 1999, LB 828, § 157;

Laws 2000, LB 1115, § 61;

Laws 2002, LB 1021, § 62;

Laws 2003, LB 242, § 106;

Laws 2005, LB 256, § 80;

R.S.Supp.,2006, § 71-1735;

Laws 2007, LB185, § 18;

Laws 2007, LB463, § 239.

Nurse Licensure Compact, see sections 71-1795 to 71-1795.02 .
Neb. Rev. Stat. § 3-506 — NE Code / Chapter 3 / Section 3-506
View Statute 3-506
Status: in_force

All income, revenue, receipts, profits, and money of an authority from whatever source derived shall be paid either to the treasurer of the city in which such authority is established as ex officio treasurer of the authority who shall not commingle such money with any other money under his or her control or to the person appointed as treasurer of the airport authority in accordance with section 3-506.01 . Such money shall be deposited in a separate bank, capital stock financial institution, or qualifying mutual financial institution account or accounts. Such money shall be withdrawn only by check, draft, or order signed by the treasurer on requisition of the chairperson of the authority or of such other person or persons as the authority may authorize to make such requisitions, approved by the board. The chief auditing officer of the city and his or her legally authorized representatives are hereby authorized and empowered from time to time to examine the accounts and books of such authority, including its receipts, disbursements, contracts, leases, sinking funds, and investments and any other matters relating to its financial standing. Notwithstanding the provisions of this section, such authority may contract with the holders of any of its bonds as to collection, custody, securing, investment, and payment of any money of the authority or any money held in trust or otherwise for the payment of bonds or in any way to secure bonds. The authority may carry out any such contract notwithstanding that such contract may be inconsistent with the previous provisions of this section. All banks, capital stock financial institutions, qualifying mutual financial institutions, and trust companies are hereby authorized to give security for such deposits of money of authorities pursuant to the Public Funds Deposit Security Act. Section 77-2366 shall apply to deposits in capital stock financial institutions. Section 77-2365.01 shall apply to deposits in qualifying mutual financial institutions.

Laws 1957, c. 9, § 6, p. 118;

Laws 1978, LB 868, § 1;

Laws 1989, LB 33, § 3;

Laws 1999, LB 396, § 1;

Laws 2001, LB 362, § 4.

Public Funds Deposit Security Act, see section 77-2386 .
Neb. Rev. Stat. § 25-906 — NE Code / Chapter 25 / Section 25-906
View Statute 25-906
Status: in_force

After an action for the recovery of money is brought, the defendant may offer in court to confess judgment for part of the amount claimed, or part of the causes involved in the action. Whereupon, if the plaintiff, being present, refuses to accept such confession of judgment in full of his demands against the defendant in the action, or, having had such notice that the offer would be made, of its amount and of the time of making it, as the court shall deem reasonable, fail to attend, and on the trial do not recover more than was so offered to be confessed, such plaintiff shall pay all the costs of the defendant incurred after the offer. The offer shall not be deemed to be an admission of the cause of action or amount to which the plaintiff is entitled, nor be given in evidence upon the trial.

R.S.1867, Code § 570, p. 494;

R.S.1913, § 7722;

C.S.1922, § 8666;

C.S.1929, § 20-906;

R.S.1943, § 25-906.

In order that a confession of judgment may be binding on the plaintiff, it is essential that he, either expressly or impliedly, assent thereto; if it is made without his request, knowledge, or consent, and entered at the instance of the debtor alone, it will have no validity unless the creditor ratifies or accepts it. In re Estate of Redpath, 224 Neb. 845, 402 N.W.2d 648 (1987).

In order that a confession of judgment may be binding on the plaintiff, it is essential that he, either expressly or impliedly, assent thereto; if it is made without his request, knowledge, or consent, and entered at the instance of the debtor alone, it will have no validity unless the creditor ratifies or accepts it. In re Estate of Redpath, 224 Neb. 845, 402 N.W.2d 648 (1987).

No compliance was had with requirements for confession of judgment. James v. Hogan, 154 Neb. 306, 47 N.W.2d 847 (1951).

No compliance was had with requirements for confession of judgment. James v. Hogan, 154 Neb. 306, 47 N.W.2d 847 (1951).

An offer to confess judgment, incorporated in an answer, should not be referred to in the instructions. Hammang v. Chicago & N.W. Ry. Co., 107 Neb. 684, 186 N.W. 991 (1922).

An offer to confess judgment, incorporated in an answer, should not be referred to in the instructions. Hammang v. Chicago & N.W. Ry. Co., 107 Neb. 684, 186 N.W. 991 (1922).

Offer must be made in open court or served on plaintiff though filed. Rose v. Peck, 18 Neb. 529, 26 N.W. 363 (1886).

Offer must be made in open court or served on plaintiff though filed. Rose v. Peck, 18 Neb. 529, 26 N.W. 363 (1886).

This section is not applicable to proceedings in ad quod damnum. Johnson v. Sutliff, 17 Neb. 423, 23 N.W. 9 (1885).

This section is not applicable to proceedings in ad quod damnum. Johnson v. Sutliff, 17 Neb. 423, 23 N.W. 9 (1885).
Neb. Rev. Stat. § 27-409 — NE Code / Chapter 27 / Section 27-409
View Statute 27-409
Status: in_force

Evidence of furnishing or offering or promising to pay medical, hospital, or similar expenses occasioned by an injury is not admissible to prove liability for the injury.

Laws 1975, LB 279, § 19.
Neb. Rev. Stat. § 38-1917.01 — NE Code / Chapter 38 / Section 38-1917.01
View Statute 38-1917.01
Status: in_force

(1) A person licensed by the department, with the recommendation of the board, as a limited computed tomography radiographer may practice medical radiography restricted to computed tomography. An applicant for a license as a limited computed tomography radiographer shall:

(a) Complete an application in accordance with the Uniform Credentialing Act;

(b) Be certified by (i) the Nuclear Medicine Technology Certification Board or (ii) the American Registry of Radiologic Technologists in nuclear medicine technology; and

(c) Be certified by the American Registry of Radiologic Technologists in computed tomography.

(2) A nuclear medicine technologist may perform computed tomography without being licensed under the Medical Radiography Practice Act if such practice is limited to X-rays produced by a combination nuclear medicine-computed tomography system and administered as an integral part of a nuclear medicine procedure that uses a computed tomography protocol for purposes of attenuation correction and anatomical localization only and if the nuclear medicine technologist has received documented device-specific training on the combination nuclear medicine-computed tomography system.

Laws 2008, LB928, § 11.

Credentialing, general requirements and issuance procedures, see section 38-121 et seq.
Neb. Rev. Stat. § 37-1262 — NE Code / Chapter 37 / Section 37-1262
View Statute 37-1262
Status: in_force

The commission may authorize the holding of regattas, motorboat or other boat races, marine parades, tournaments, or exhibitions on any waters of this state. It shall adopt and may, from time to time, amend regulations concerning the safety of motorboats and other vessels and persons thereon, either observers or participants.

Laws 1978, LB 21, § 62.
Neb. Rev. Stat. § 25-2618.01 — NE Code / Chapter 25 / Section 25-2618.01
View Statute 25-2618.01
Status: in_force

(a) Whenever the amount of a controversy subject to the terms of an otherwise valid arbitration agreement is within the jurisdiction of the Small Claims Court under section 25-2802 , a party may submit the controversy to the Small Claims Court for ultimate resolution under sections 25-2801 to 25-2807 .

(b) A controversy submitted to the Small Claims Court under this section shall not be transferred to the regular docket of the county court under section 25-2805 .

(c) In all appeals involving cases submitted under subsection (a) of this section, the judgment shall be affirmed unless:

(i) The judgment was procured by corruption, fraud, or other undue means;

(ii) There was evident partiality or corruption by the judge or misconduct prejudicing the rights of any party;

(iii) The judge exceeded his or her powers;

(iv) The judge refused to postpone the trial upon sufficient cause being shown therefor, refused to hear evidence material to the controversy, or otherwise so conducted the hearing, contrary to the provisions of section 25-2606 , as to prejudice substantially the rights of a party;

(v) There was no arbitration agreement and the issue was not adversely determined in proceedings under section 25-2603 , and the party did not participate in the Small Claims Court hearing without raising the objection; or

(vi) The judge was subject to disqualification and failed, upon receipt of timely demand, to disqualify himself or herself as required by law.

Laws 1997, LB 151, § 8.
Neb. Rev. Stat. § 30-2619.01 — NE Code / Chapter 30 / Section 30-2619.01
View Statute 30-2619.01
Status: in_force

Following the filing of a petition, the court may appoint a visitor and direct such visitor to conduct an evaluation of the allegations of incapacity as provided under this section. To conduct the evaluation of the allegations of incapacity, the visitor shall interview the allegedly incapacitated person, the person seeking appointment as guardian, the agencies providing services to the allegedly incapacitated person, and other persons and agencies that may provide relevant information. The visitor shall also visit the present place of abode of the person alleged to be incapacitated and, if any change of residence is anticipated, the place it is proposed that he or she will be detained or reside if the requested appointment is made, and submit his or her report in writing to the court.

As part of the evaluation of allegations of incapacity, a visitor, if appointed, shall obtain evidence relating to the allegedly incapacitated person's ability to make, communicate, or carry out responsible decisions concerning his or her person with regard to:

(1) Selecting his or her place of abode within or without this state;

(2) Arranging for his or her medical care;

(3) Protecting his or her personal effects;

(4) Giving necessary consents, approvals, or releases;

(5) Arranging for training, education, or other habilitating services appropriate to him or her;

(6) Applying for private or governmental benefits to which he or she may be entitled;

(7) Instituting proceedings to compel any person liable for the support of the proposed ward to support him or her if no conservator has been appointed for the proposed ward;

(8) Entering into contractual agreements if no conservator has been appointed for the proposed ward;

(9) Receiving money and tangible property deliverable to him or her and applying such money and property to his or her expenses for room and board, medical care, personal effects, training, education, and habilitative services; and

(10) Any other area of inquiry which the court may direct.

Laws 1982, LB 428, § 2.

For fees and costs of visitor, see sections 30-2620.01 and 30-2643 .

For qualifications of visitor, see section 30-2624 .

Section is neither vague nor overbroad. In re Guardianship and Conservatorship of Sim, 225 Neb. 181, 403 N.W.2d 721 (1987).

Section is neither vague nor overbroad. In re Guardianship and Conservatorship of Sim, 225 Neb. 181, 403 N.W.2d 721 (1987).