FrankGoortani/open-us-law huggingface dataset:
Neb. Rev. Stat. § 28-934 — NE Code / Chapter 28 / Section 28-934
View Statute 28-934
Status: in_force

(1) Any person who knowingly and intentionally strikes any public safety officer with any bodily fluid is guilty of assault with a bodily fluid against a public safety officer.

(2) Except as provided in subsection (3) of this section, assault with a bodily fluid against a public safety officer is a Class I misdemeanor.

(3) Assault with a bodily fluid against a public safety officer is a Class IIIA felony if the person committing the offense strikes with a bodily fluid the eyes, mouth, or skin of a public safety officer and knew the source of the bodily fluid was infected with the human immunodeficiency virus, hepatitis B, or hepatitis C at the time the offense was committed.

(4) Upon a showing of probable cause by affidavit to a judge of this state that an offense as defined in subsection (1) of this section has been committed and that identifies the probable source of the bodily fluid or bodily fluids used to commit the offense, the judge shall grant an order or issue a search warrant authorizing the collection of any evidence, including any bodily fluid or medical records or the performance of any medical or scientific testing or analysis, that may assist with the determination of whether or not the person committing the offense or the person from whom the person committing the offense obtained the bodily fluid or bodily fluids is infected with the human immunodeficiency virus, hepatitis B, or hepatitis C.

(5) As used in this section:

(a) Bodily fluid means any naturally produced secretion or waste product generated by the human body and shall include, but not be limited to, any quantity of human blood, urine, saliva, mucus, vomitus, seminal fluid, or feces; and

(b) Public safety officer includes any of the following persons who are engaged in the performance of their official duties at the time of the offense: A peace officer; a probation officer; a firefighter; an emergency care provider as defined in section 28-929.01 ; a health care professional as defined in section 28-929.01 ; an employee of a county, city, or village jail; an employee of the Department of Correctional Services; an employee of the secure youth confinement facility operated by the Department of Correctional Services, if the person committing the offense is committed to such facility; an employee of a youth rehabilitation and treatment center; or an employee of the Department of Health and Human Services if the person committing the offense is committed as a dangerous sex offender under the Sex Offender Commitment Act.

Laws 2011, LB226, § 2;

Laws 2014, LB811, § 22;

Laws 2018, LB913, § 2;

Laws 2020, LB1002, § 10;

Laws 2021, LB273, § 1.

Sex Offender Commitment Act, see section 71-1201 .
Neb. Rev. Stat. § 30-2724 — NE Code / Chapter 30 / Section 30-2724
View Statute 30-2724
Status: in_force

(a) Rights at death under section 30-2723 are determined by the type of account at the death of a party. The type of account may be altered by written notice given by a party to the financial institution to change the type of account or to stop or vary payment under the terms of the account. The notice must be signed by a party and received by the financial institution during the party's lifetime.

(b) A right of survivorship arising from the express terms of the account, section 30-2723 , or a POD designation, may not be altered by will.

Laws 1993, LB 250, § 10.

The use of the word "may" in subsection (a) of this section grants a party the right to alter the type of account the party owns, but a party must give his or her financial institution signed written notice to exercise that right. Newman v. Thomas, 264 Neb. 801, 652 N.W.2d 565 (2002).

The use of the word "may" in subsection (a) of this section grants a party the right to alter the type of account the party owns, but a party must give his or her financial institution signed written notice to exercise that right. Newman v. Thomas, 264 Neb. 801, 652 N.W.2d 565 (2002).

Under the current version of article 27 of the Nebraska Probate Code, signed written notice is required for transforming a non-pay-on-death, single-party account into a multiparty or pay-on-death account. Newman v. Thomas, 264 Neb. 801, 652 N.W.2d 565 (2002).

Under the current version of article 27 of the Nebraska Probate Code, signed written notice is required for transforming a non-pay-on-death, single-party account into a multiparty or pay-on-death account. Newman v. Thomas, 264 Neb. 801, 652 N.W.2d 565 (2002).
Neb. Rev. Stat. § 18-2104 — NE Code / Chapter 19 / Section 18-2104
18-2104
Status: in_force

The governing body of a city, to the greatest extent it deems to be feasible in carrying out the provisions of the Community Development Law, shall afford maximum opportunity, consistent with the sound needs of the city as a whole, to the rehabilitation or redevelopment of the community redevelopment area by private enterprises. The governing body of a city shall give consideration to this objective in exercising its powers under the Community Development Law, including the formulation of a workable program, the approval of community redevelopment plans consistent with the general plan for the development of the city, the exercise of its zoning powers, the enforcement of other laws, codes, and regulations, relating to the use of land and the use and occupancy of buildings and improvements, the disposition of any property acquired, and the providing of necessary public improvements.

Laws 1951, c. 224, § 4(1), p. 800;

R.R.S.1943, § 14-1604;

Laws 1957, c. 52, § 5, p. 252;

Laws 1961, c. 61, § 4, p. 230;

R.R.S.1943, § 19-2604;

Laws 2018, LB874, § 8.
Neb. Rev. Stat. § 23-1829 — NE Code / Chapter 23 / Section 23-1829
View Statute 23-1829
Status: in_force

If the coroner denies recovery of an organ or tissue, the coroner shall include in a written report the reasons such recovery was denied and provide the report within ten days to the federally designated organ procurement organization for Nebraska.

Laws 2008, LB246, § 5;

Laws 2010, LB1036, § 27.
Neb. Rev. Stat. § 29-747 — NE Code / Chapter 29 / Section 29-747
View Statute 29-747
Status: in_force

If a criminal prosecution has been instituted against such person under the laws of this state and is still pending the Governor, in his discretion, either may surrender him on demand of the Executive Authority of another state or hold him until he has been tried and discharged or convicted and punished in this state.

Laws 1963, c. 159, § 19, p. 564.
Neb. Rev. Stat. § 29-4110 — NE Code / Chapter 29 / Section 29-4110
View Statute 29-4110
Status: in_force

(1) Any person who has possession of or access to individually identifiable DNA samples or DNA records in the State DNA Database or in the State DNA Sample Bank shall not disclose such samples or records in any manner to any person or agency not authorized to receive them knowing that such person or agency is not authorized to receive them.

(2) No person shall obtain individually identifiable DNA samples or DNA records from the State DNA Database or the State DNA Sample Bank without authorization to do so. Any person who knowingly violates this subsection is guilty of a Class III misdemeanor.

Laws 1997, LB 278, § 10.
Neb. Rev. Stat. § 19-930 — NE Code / Chapter 19 / Section 19-930
View Statute 19-930
Status: in_force

(1) For any matter within the jurisdiction of a planning commission of a city of the first class, city of the second class, or village relating to that portion of the extraterritorial zoning jurisdiction of the city or village as defined in section 16-901 or 17-1001 which is within a county other than the county in which the city or village is located, the powers, duties, responsibilities, and functions of the planning commission of the city or village with regard to such matter shall be assumed by the interjurisdictional planning commission of the city or village established under section 19-931 when the formation of such a commission is requested by either the city or village or the county within which the city or village is not located as provided in subsection (2) of this section.

(2) Any city or village exercising extraterritorial zoning jurisdiction as defined in section 16-901 or 17-1001 within a county other than the county within which the city or village is located or the county within which such city or village is exercising extraterritorial zoning jurisdiction may, by formal resolution of a majority of the voting members of the city council, village board of trustees, or county board, request the formation of an interjurisdictional planning commission to exercise the jurisdiction granted by sections 19-930 to 19-933 . Such resolution shall be transmitted to the appropriate city or village or county and its receipt formally acknowledged.

Laws 1993, LB 207, § 4;

Laws 2019, LB193, § 96.
Neb. Rev. Stat. § 10-144 — NE Code / Chapter 10 / Section 10-144
View Statute 10-144
Status: in_force

Bonds issued after May 8, 2001, by any agency or political subdivision of the state shall not be registered in the office of the Auditor of Public Accounts.

Laws 2001, LB 420, § 1.
Neb. Rev. Stat. § 71-1111 — NE Code / Chapter 71 / Section 71-1111
View Statute 71-1111
Status: in_force

Petitioner means the Attorney General or the county attorney who files a petition under section 71-1117 .

Laws 2005, LB 206, § 11.
Neb. Rev. Stat. § 28-1332 — NE Code / Chapter 28 / Section 28-1332
View Statute 28-1332
Status: in_force

(1) A person commits unauthorized possession of receptacle if having in possession or under control any receptacle bearing any name, mark, or device recorded as provided in section 28-1330 , and holding a written transfer or bill of sale therefor from the person named in the certificate issued by the Secretary of State as provided in such section, or other authority in writing from such person, he fails or refuses to deliver such receptacle to the person named in such certificate or to the authorized agent of such person when demanded.

(2) Unauthorized possession of receptacle is a Class III misdemeanor.

Laws 1977, LB 38, § 316.
Neb. Rev. Stat. § 23-112 — NE Code / Chapter 23 / Section 23-112
View Statute 23-112
Status: in_force

The county board shall have power to settle by compromise or by accepting in full settlement thereof less than the face or full amount on any claim, judgment or demand in favor of the county, on which said claim, judgment or demand no payment or payments have been made or recovered during a full period of five years from and after the date or dates on which said claim, judgment or demand became due and enforceable, and execute full acquittance or receipt for said claim, judgment or demand, or to sell, at public or private sale, any claim, judgment or demand in favor of a county for cash, at the best price obtainable in the judgment of said board, and execute and deliver a proper transfer or assignment of said claim, judgment or demand so sold; Provided, that no member of the board may be personally interested, directly or indirectly, in the purchase of any such claim, judgment or demand.

Laws 1915, c. 17, § 1, p. 74;

C.S.1922, § 852;

Laws 1925, c. 93, § 1, p. 274;

Laws 1929, c. 60, § 2, p. 232;

C.S.1929, § 26-105;

Laws 1931, c. 40, § 1, p. 135;

Laws 1933, c. 36, § 1, p. 237;

Laws 1939, c. 28, § 5, p. 145;

Laws 1941, c. 48, § 2, p. 235;

C.S.Supp.,1941, § 26-105;

Laws 1943, c. 57, § 1(8), p. 225;

R.S.1943, § 23-112.
Neb. Rev. Stat. § 13-904 — NE Code / Chapter 23 / Section 13-904
13-904
Status: in_force

Authority is hereby conferred upon the governing body of any political subdivision to consider, ascertain, adjust, compromise, settle, determine, and allow any tort claim as defined in the Political Subdivisions Tort Claims Act and sections 16-727 , 16-728 , 23-175 , 39-809 , and 79-610 .

Laws 1969, c. 138, § 3, p. 628;

R.S.1943, (1983), § 23-2403;

Laws 1996, LB 900, § 1020.
Neb. Rev. Stat. § 43-153 — NE Code / Chapter 43 / Section 43-153
View Statute 43-153
Status: in_force

(1) A child with special needs residing in this state who is the subject of an adoption assistance agreement with another state shall be entitled to receive a medical assistance identification from this state upon the filing with the department of a certified copy of the adoption assistance agreement obtained from the adoption assistance state. In accordance with rules and regulations of the department, the adoptive parents shall be required at least annually to show that the agreement is still in force or has been renewed.

(2) The department shall consider the holder of a medical assistance identification pursuant to this section the same as any other holder of a medical assistance identification under the laws of this state and shall process and make payment on claims on account of such holder in the same manner and pursuant to the same conditions and procedures as for other recipients of medical assistance.

(3) Any person who by means of a willfully false statement or representation or by impersonation or other device obtains or attempts to obtain or who aids or abets any other person in obtaining assistance under sections 43-147 to 43-154 shall, upon conviction thereof, be punished pursuant to section 68-1017 .

(4) This section shall apply only to medical assistance for children under adoption assistance agreements from states that have entered into a compact with this state under which the other state provides medical assistance to children with special needs under adoption assistance agreements made by this state. All other children entitled to medical assistance pursuant to adoption assistance agreements entered into by this state shall be eligible to receive it in accordance with the laws and procedures applicable thereto.

Laws 1985, LB 447, § 7.
Neb. Rev. Stat. § 64-105.02 — NE Code / Chapter 64 / Section 64-105.02
View Statute 64-105.02
Status: in_force

(1) A notary public may certify the affixation of a signature by mark on a document presented for notarization if:

(a) The mark is affixed in the presence of the notary public and of two witnesses unaffected by the document;

(b) Both witnesses sign their own names beside the mark;

(c) The notary public writes below the mark: "Mark affixed by (name of signer by mark) in presence of (names and addresses of witnesses) and undersigned notary public"; and

(d) The notary public notarizes the signature by mark through an acknowledgment, jurat, or signature witnessing.

(2) A notary public may sign the name of a person physically unable to sign or make a mark on a document presented for notarization if:

(a) The person directs the notary public to do so in the presence of two witnesses unaffected by the document;

(b) The notary public signs the person's name in the presence of the person and the witnesses;

(c) Both witnesses sign their own names beside the signature;

(d) The notary public writes below the signature: "Signature affixed by notary public in the presence of (names and addresses of person and two witnesses)"; and

(e) The notary public notarizes the signature through an acknowledgment, jurat, or signature witnessing.

Laws 2004, LB 315, § 8.
Neb. Rev. Stat. § 58-235 — NE Code / Chapter 58 / Section 58-235
View Statute 58-235
Status: in_force

Any member or employee of the authority who has, will have, or later acquires any direct or indirect interest in any transaction with the authority shall immediately disclose the nature and extent of such interest in writing to the authority as soon as he or she has knowledge of such interest. Such disclosure shall be entered upon the minutes of the authority. Upon such disclosure such member or employee shall not participate in any action by the authority authorizing such transaction. Actions taken when such member or employee reasonably believed that he or she had no conflict shall not be invalidated because of such conflict. The fact that a member is also an officer or owner of an organization shall not be deemed to be a direct or indirect interest unless (1) such member has an ownership interest of greater than five percent in such organization or (2) the transaction in question does not involve all similar organizations but involves only the authority and such organization.

Laws 1983, LB 626, § 35;

Laws 1991, LB 253, § 36.
Neb. Rev. Stat. § 21-158 — NE Code / Chapter 21 / Section 21-158
View Statute 21-158
Status: in_force

(RULLCA 804) Unless the Secretary of State determines that an application for a certificate of authority does not comply with the filing requirements of the Nebraska Uniform Limited Liability Company Act, the Secretary of State, upon payment of all filing fees, shall file the application of a foreign limited liability company, prepare, sign, and file a certificate of authority to transact business in this state, and send a copy of the filed certificate, together with a receipt for the fees, to the company or its representative.

Laws 2010, LB888, § 58.
Neb. Rev. Stat. § 50-117 — NE Code / Chapter 50 / Section 50-117
View Statute 50-117
Status: in_force

(1) The Legislative Council, through the Executive Board of the Legislative Council, shall develop and maintain a publicly accessible, digital Internet archive of closed-captioned video coverage of the Legislature, including floor debate and public committee hearings indexed by legislative bill or resolution number or by date, beginning with the coverage of the One Hundred Ninth Legislature, First Session, in January 2025 or as soon as live, closed-captioned video coverage of the Legislature is available for use, whichever is sooner, as provided in section 79-1316 . Closed-captioned video coverage shall include closed captioning in both English and Spanish.

(2) Applicable historical video coverage of the Legislature shall be collected and added to the digital archive as available. Applicable historical video coverage shall only consist of video coverage of the Legislature captured by the Nebraska Educational Telecommunications Commission and closed-captioned prior to January 1, 2025.

(3) Such archive is intended solely for educational and informational purposes and to enhance access for the public, in keeping with the Legislature's commitment to transparency in state government.

(4) Audio and video recordings of the proceedings of the Legislature or of a committee or division of the Legislature are not official records of such proceedings and shall not be admissible in any proceeding as evidence of legislative history, action, or intent.

(5) The Executive Board of the Legislative Council shall develop policies and procedures surrounding the creation and ongoing usage of the publicly accessible, indexed, digital Internet archive of closed-captioned video coverage of the Legislature developed pursuant to this section. Such policies shall include, but not be limited to:

(a) The usage of archived video recordings for purposes other than legislative purposes;

(b) A determination regarding which committee hearings and committee briefings shall be recorded and added to the digital archive;

(c) Parameters surrounding long-term storage of archived video recordings; and

(d) Management of costs in relation to supporting public accessibility of archived video recordings.

Laws 2023, LB254, § 1.
Neb. Rev. Stat. § 42-914 — NE Code / Chapter 42 / Section 42-914
View Statute 42-914
Status: in_force

The department shall develop, in cooperation with the State Department of Education, a kindergarten through postsecondary educational curriculum relating to domestic violence.

Laws 1978, LB 623, § 14.
Neb. Rev. Stat. § 44-3607 — NE Code / Chapter 44 / Section 44-3607
View Statute 44-3607
Status: in_force

(1) In order to provide for full and fair disclosure in the sale of medicare supplement policies, no medicare supplement policy or certificate shall be delivered in this state unless an outline of coverage is delivered to the applicant at the time the application is made.

(2) The director shall prescribe the format and content of the outline of coverage required by subsection (1) of this section. As used in this section, format shall mean style, arrangement, and overall appearance, including, but not limited to, the size, color, and prominence of type and arrangement of text and captions. Such outline of coverage shall include:

(a) A description of the principal benefits and coverage provided in the policy;

(b) A statement of the renewal provisions, including any reservation by the issuer of a right to change premiums and disclosure of the existence of any automatic renewal premium increases based on the policyholder's age; and

(c) A statement that the outline of coverage is a summary of the policy issued or applied for and that the policy should be consulted to determine governing contractual provisions.

(3) The director may prescribe by rule and regulation a standard form and the contents of an informational brochure for persons eligible for medicare which is intended to improve the buyer's ability to select the most appropriate coverage and improve the buyer's understanding of medicare. Except in the case of direct-response insurance policies, the director may require by rule and regulation that the informational brochure be provided to any prospective insureds eligible for medicare concurrently with delivery of the outline of coverage. With respect to direct-response insurance policies, the director may require by rule and regulation that the prescribed brochure be provided upon request to any prospective insureds eligible for medicare but in no event later than the time of policy delivery.

(4) The director may adopt and promulgate rules and regulations for captions or notice requirements determined to be in the public interest and designed to inform prospective insureds that particular insurance coverages are not medicare supplement coverages for all sickness and accident insurance policies sold to persons eligible for medicare other than:

(a) Medicare supplement policies; or

(b) Disability income policies.

(5) The director may further adopt and promulgate rules and regulations to govern the full and fair disclosure of the information in connection with the replacement of sickness and accident policies, subscriber contracts, or certificates by persons eligible for medicare.

Laws 1980, LB 877, § 7;

Laws 1981, LB 329, § 7;

Laws 1988, LB 998, § 8;

Laws 1992, LB 1006, § 24;

Laws 1996, LB 969, § 6.
Neb. Rev. Stat. § 68-969 — NE Code / Chapter 68 / Section 68-969
View Statute 68-969
Status: in_force

(1) On or before July 1, 2010, the department shall submit an application to the Centers for Medicare and Medicaid Services of the United States Department of Health and Human Services, amending the medicaid state plan or seeking a waiver thereto to provide for utilization of money to allow for payments for treatment for children who are lawfully residing in the United States and who are otherwise eligible for medicaid and CHIP pursuant to the federal Children's Health Insurance Program Reauthorization Act of 2009, Public Law 111-3, as such act existed on January 1, 2010, and for treatment for pregnant women who are lawfully residing in the United States and who are otherwise eligible for medicaid pursuant to the federal Children's Health Insurance Program Reauthorization Act of 2009, Public Law 111-3, as such act existed on January 1, 2010.

(2) For purposes of this section, (a) CHIP means the Children's Health Insurance Program established pursuant to 42 U.S.C. 1397aa et seq., and (b) medicaid means the program for medical assistance established under 42 U.S.C. 1396 et seq., as such sections existed on January 1, 2010.

Laws 2010, LB1106, § 5.
Neb. Rev. Stat. § 17-230 — NE Code / Chapter 17 / Section 17-230
View Statute 17-230
Status: in_force

Any levy pursuant to section 17-229 shall not be considered within the limitation on the village for the levy of taxes as contained in section 17-702 .

Laws 1963, c. 85, § 2, p. 293;

Laws 1965, c. 69, § 2, p. 290;

Laws 1979, LB 187, § 47;

Laws 2017, LB133, § 93.