FrankGoortani/open-us-law huggingface dataset:
Neb. Rev. Stat. § 48-164 — NE Code / Chapter 48 / Section 48-164
View Statute 48-164
Status: in_force

The Nebraska Workers' Compensation Court shall regulate and provide the kind and character of notices and the services thereof and, in case of an injury by accident to an employee, the nature and extent of the proofs and evidence and the method of taking and furnishing the same for the establishment of the right to compensation. It shall determine the nature and form or forms of the application of those claiming to be entitled to benefits or compensation and shall regulate the method of making investigations, physical examinations, and inspections and prescribe the time within which adjudications and awards shall be made. Such rules and regulations shall conform to the provisions of the Nebraska Workers' Compensation Act.

Laws 1917, c. 85, § 29, p. 220;

C.S.1922, § 3080;

C.S.1929, § 48-157;

Laws 1935, c. 57, § 36, p. 205;

C.S.Supp.,1941, § 48-157;

R.S.1943, § 48-164;

Laws 1945, c. 113, § 5, p. 365;

Laws 1986, LB 811, § 97;

Laws 2023, LB191, § 9.

For service of documents upon adverse party or attorney, see section 25-534 .
Neb. Rev. Stat. § 21-270 — NE Code / Chapter 21 / Section 21-270
View Statute 21-270
Status: in_force

(MBCA 7.28) (a) Unless otherwise provided in the articles of incorporation, directors are elected by a plurality of the votes cast by the shares entitled to vote in the election at a meeting at which a quorum is present.

(b) In all elections for directors, every shareholder entitled to vote at such elections shall have the right to vote in person or by proxy for the number of shares owned by him or her, for as many persons as there are directors to be elected or to cumulate such shares and give one candidate as many votes as the number of directors multiplied by the number of his or her shares shall equal, or to distribute them upon the same principle among as many candidates as he or she thinks fit, and such directors shall not be elected in any other manner.

Laws 2014, LB749, § 70.
Neb. Rev. Stat. § 14-1226 — NE Code / Chapter 14 / Section 14-1226
View Statute 14-1226
Status: in_force

(1) The rates of tolls to be charged for the use of any bridge acquired or constructed under the provisions of sections 14-1201 to 14-1252 shall be fixed and adjusted as may be required by any law of the United States, and shall be so fixed and adjusted as to provide a fund sufficient to pay the interest and principal of any bonds issued under sections 14-1215 to 14-1217 and 14-1223 and to provide an additional fund to pay the cost of maintaining, repairing, and operating such bridge. Such rates may also be so fixed and adjusted as to provide a reserve fund reasonably sufficient to provide for the cost of the continued operation, supervision, maintenance, and repair of such bridge or bridges for a period not to exceed twenty-five years after the removal of toll charges.

(2) After the provision of such funds has been completed, such bridge or bridges shall be maintained and operated free of toll unless or until the charging of reasonable tolls is continued or resumed by the city council or bridge commission in order to finance reconstruction, extension, enlargement, replacement, or renewal of that particular bridge or in aid of the acquisition, construction, reconstruction, extension, enlargement, replacement, or renewal of any other bridge owned in whole or in part by such city.

(3) The owners of outstanding bonds issued to finance the bridge, or the authorized trustee for such owners, shall have the right to compel the fixing of adequate tolls by application to any court of competent jurisdiction.

(4) In case the city is at the same time providing for the payment of more than one bridge through the collection of tolls, the tolls upon such bridges may be maintained and adjusted so that each bridge shall assist the financing of the other.

Laws 1929, c. 176, § 12, p. 622;

C.S.1929, § 14-1212;

R.S.1943, § 14-1226;

Laws 2022, LB800, § 259.
Neb. Rev. Stat. § 44-5109 — NE Code / Chapter 44 / Section 44-5109
View Statute 44-5109
Status: in_force

An insurer's investments shall be held in its own name or the name of its nominee, except that:

(1) Investments may be held in the name of a clearing corporation, a custodian, or the nominee of either on the following conditions:

(a) The clearing corporation, custodian, or nominee shall be legally authorized to hold the particular investment for the account of others;

(b) Security certificates held by the custodian shall be held separate from the security certificates of the custodian and of all its other customers; and

(c) Securities held indirectly by the custodian and securities in a clearing corporation shall be separately identified on the custodian's official records as being owned by the insurer. The records shall identify which securities are held by the custodian or by its agent and which securities are in a clearing corporation. If the securities are in a clearing corporation, the records shall also identify where the securities are and if in a clearing corporation, the name of the clearing corporation, and if through an agent, the name of the agent; and

(2) An insurer may participate through a member bank in the Federal Reserve book-entry system. The records of the member bank shall at all times show that the investments are held for the insurer or for specific accounts of the insurer.

Laws 1991, LB 237, § 9;

Laws 2005, LB 119, § 14.
Neb. Rev. Stat. § 38-2013.02 — NE Code / Chapter 38 / Section 38-2013.02
View Statute 38-2013.02
Status: in_force

Perinatal mental health disorder means a mental health condition that occurs during pregnancy or during the postpartum period, including depression, anxiety, or postpartum psychosis.

Laws 2022, LB905, § 11.
Neb. Rev. Stat. § 48-804.03 — NE Code / Chapter 48 / Section 48-804.03
View Statute 48-804.03
Status: in_force

The clerk of the Commission of Industrial Relations shall be bonded or insured as required by section 11-201 before entering upon or discharging any of the duties of his or her office. Such clerk shall, before entering upon the duties of his or her office, take and subscribe the statutory oath of office.

Laws 1974, LB 819, § 5;

Laws 1978, LB 653, § 13;

Laws 2004, LB 884, § 24.
Neb. Rev. Stat. § 71-1937 — NE Code / Chapter 71 / Section 71-1937
View Statute 71-1937
Status: in_force

Licensees shall not discriminate or retaliate against an individual or the family of an individual residing in, served by, or employed at the residential child-caring agency or child-placing agency who has initiated or participated in any proceeding authorized by the Children's Residential Facilities and Placing Licensure Act or who has presented a complaint or provided information to the administrator of the residential child-caring agency or child-placing agency or the department. Such individual may maintain an action for any type of relief, including injunctive and declaratory relief, permitted by law.

Laws 2013, LB265, § 14.
Neb. Rev. Stat. § 66-2206 — NE Code / Chapter 66 / Section 66-2206
View Statute 66-2206
Status: in_force

A retail motor fuel site that is improved using grants under the program shall comply with federal and state standards governing new or upgraded motor fuel storage tanks used to store and dispense renewable fuels. A retail motor fuel site that is improved using grants under the program shall not use such infrastructure to store and dispense motor fuel other than the type of renewable fuel approved by the department in the cost-share agreement, unless granted a waiver by the department.

Laws 2019, LB585, § 6.
Neb. Rev. Stat. § 12-618 — NE Code / Chapter 12 / Section 12-618
View Statute 12-618
Status: in_force

Each day any person, firm, corporation, or association violates any of the provisions of sections 12-603 and 12-606 to 12-618 , shall be deemed to be a separate and distinct offense.

Laws 1957, c. 18, § 13, p. 149.
Neb. Rev. Stat. § 29-3803 — NE Code / Chapter 29 / Section 29-3803
View Statute 29-3803
Status: in_force

Any person who is imprisoned in a facility operated by the Department of Correctional Services may request in writing to the director final disposition of any untried indictment, information, or complaint pending against him or her in this state. Upon receiving any request from a prisoner for final disposition of any untried indictment, information, or complaint, the director shall:

(1) Furnish the prosecutor with a certificate stating the term of commitment under which the prisoner is being held, the time already served on the sentence, the time remaining to be served, the good time earned, the time of the prisoner's parole eligibility, and any decision of the Board of Parole relating to the prisoner;

(2) Send by registered or certified mail, return receipt requested, one copy of the request and the certificate to the court in which the untried indictment, information, or complaint is pending and one copy to the prosecutor charged with the duty of prosecuting it; and

(3) Offer to deliver temporary custody of the prisoner to the appropriate authority in the city or county where the untried indictment, information, or complaint is pending.

Laws 1984, LB 591, § 3.

It is a prosecutor's receipt of the statutorily required certificate from the Director of Correctional Services pursuant to this section or section 29-3804 which triggers the 180-day period for disposition of untried charges prescribed by section 29-3805. State v. Tucker, 259 Neb. 225, 609 N.W.2d 306 (2000).

It is a prosecutor's receipt of the statutorily required certificate from the Director of Correctional Services pursuant to this section or section 29-3804 which triggers the 180-day period for disposition of untried charges prescribed by section 29-3805. State v. Tucker, 259 Neb. 225, 609 N.W.2d 306 (2000).

The statutory right of a person in the custody of the Nebraska Department of Correctional Services to a speedy trial on pending criminal charges in Nebraska is governed by sections 29-3801 to 29-3809. The denial of a speedy trial claim governed by these sections is a final, appealable order. State v. Tucker, 259 Neb. 225, 609 N.W.2d 306 (2000).

The statutory right of a person in the custody of the Nebraska Department of Correctional Services to a speedy trial on pending criminal charges in Nebraska is governed by sections 29-3801 to 29-3809. The denial of a speedy trial claim governed by these sections is a final, appealable order. State v. Tucker, 259 Neb. 225, 609 N.W.2d 306 (2000).
Neb. Rev. Stat. § 60-1401.42 — NE Code / Chapter 60 / Section 60-1401.42
View Statute 60-1401.42
Status: in_force

Autocycle means any motor vehicle (1) having a seat that does not require the operator to straddle or sit astride it, (2) designed to travel on three wheels in contact with the ground, (3) having antilock brakes, (4) designed to be controlled with a steering wheel and pedals, and (5) in which the operator and passenger ride either side by side or in tandem in a seating area that is equipped with a manufacturer-installed three-point safety belt system for each occupant and that has a seating area that either (a) is completely enclosed and is equipped with manufacturer-installed airbags and a manufacturer-installed roll cage or (b) is not completely enclosed and is equipped with a manufacturer-installed rollover protection system.

Laws 2015, LB231, § 41;

Laws 2018, LB909, § 117.
Neb. Rev. Stat. § 38-316 — NE Code / Chapter 71 / Section 38-316
38-316
Status: in_force

(1) To be licensed to practice as an alcohol and drug counselor, an applicant shall meet the requirements for licensure as a provisional alcohol and drug counselor under section 38-314 , shall receive a passing score on an examination approved by the board, and shall have six thousand hours of supervised clinical work experience providing alcohol and drug counseling services to alcohol and other drug clients for remuneration. The experience shall be polydrug counseling experience.

(2) The experience shall include carrying a client caseload as the primary alcohol and drug counselor performing the core functions of assessment, treatment planning, counseling, case management, referral, reports and record keeping, and consultation with other professionals for those clients. The experience shall also include responsibility for performance of the five remaining core functions although these core functions need not be performed by the applicant with each client in their caseload.

(3) Experience that shall not count towards licensure shall include, but not be limited to:

(a) Providing services to individuals who do not have a diagnosis of alcohol and drug abuse or dependence such as prevention, intervention, and codependency services or other mental health disorder counseling services, except that this shall not exclude counseling services provided to a client's significant others when provided in the context of treatment for the diagnosed alcohol or drug client; and

(b) Providing services when the experience does not include primary case responsibility for alcohol or drug treatment or does not include responsibility for the performance of all of the core functions.

(4) The maximum number of hours of experience that may be accrued are forty hours per week or two thousand hours per year.

(5)(a) A postsecondary educational degree may be substituted for part of the supervised clinical work experience. The degree shall be from an accredited postsecondary educational institution or the educational program.

(b) An associate's degree in addictions or chemical dependency may be substituted for one thousand hours of supervised clinical work experience.

(c) A bachelor's degree with a major in counseling, addictions, social work, sociology, or psychology may be substituted for two thousand hours of supervised clinical work experience.

(d) A master's degree or higher in counseling, addictions, social work, sociology, or psychology may be substituted for four thousand hours of supervised clinical work experience.

(e) A substitution shall not be made for more than one degree.

Laws 2004, LB 1083, § 121;

R.S.Supp.,2006, § 71-1,357;

Laws 2007, LB463, § 167;

Laws 2021, LB528, § 6.

Credentialing, general requirements and issuance procedures, see section 38-121 et seq.
Neb. Rev. Stat. § 25-1125 — NE Code / Chapter 25 / Section 25-1125
View Statute 25-1125
Status: in_force

In all trials in civil actions in any court in this state, a verdict shall be rendered if five-sixths or more of the members of the jury concur therein, and such verdict shall have the same force and effect as though agreed to by all members of the jury; Provided, that a verdict concurred in by less than all members of the jury shall not be rendered until the jury shall have had an opportunity for deliberation and consideration of the case for a period of not less than six hours after the same is submitted to said jury. If a verdict be concurred in by all the members of the jury, the foreman alone may sign it, but if rendered by a less number, such verdict shall be signed by all the jurors who shall agree to the verdict.

Laws 1921, c. 124, § 1, p. 534;

C.S.1922, § 8808;

C.S.1929, § 20-1125;

R.S.1943, § 25-1125.

A juror is free to deliberate and vote on each issue presented to the jury, even if the juror has dissented from the majority on a previous issue. Gourley v. Nebraska Methodist Health Sys., 265 Neb. 918, 663 N.W.2d 43 (2003).

A juror is free to deliberate and vote on each issue presented to the jury, even if the juror has dissented from the majority on a previous issue. Gourley v. Nebraska Methodist Health Sys., 265 Neb. 918, 663 N.W.2d 43 (2003).

Even though a juror, who disagreed on the question of who was liable, provided the 10th vote necessary on the damages and apportionment questions, the verdict was valid. Gourley v. Nebraska Methodist Health Sys., 265 Neb. 918, 663 N.W.2d 43 (2003).

Even though a juror, who disagreed on the question of who was liable, provided the 10th vote necessary on the damages and apportionment questions, the verdict was valid. Gourley v. Nebraska Methodist Health Sys., 265 Neb. 918, 663 N.W.2d 43 (2003).

Length of time devoted to meals cannot be shown to prove that jury did not deliberate six hours. Cartwright & Wilson Constr. Co. v. Smith, 155 Neb. 431, 52 N.W.2d 274 (1952).

Length of time devoted to meals cannot be shown to prove that jury did not deliberate six hours. Cartwright & Wilson Constr. Co. v. Smith, 155 Neb. 431, 52 N.W.2d 274 (1952).

The presumption is in favor of the regularity of the proceeding of the district court and that the jury deliberated six hours before returning the verdict by ten jurors. Lovelace v. Boatsman, 113 Neb. 145, 202 N.W. 418 (1925).

The presumption is in favor of the regularity of the proceeding of the district court and that the jury deliberated six hours before returning the verdict by ten jurors. Lovelace v. Boatsman, 113 Neb. 145, 202 N.W. 418 (1925).
Neb. Rev. Stat. § 44-2705 — NE Code / Chapter 44 / Section 44-2705
View Statute 44-2705
Status: in_force

(1) There is hereby created a nonprofit unincorporated legal entity to be known as the Nebraska Life and Health Insurance Guaranty Association. All member insurers shall be members of the association as a condition of their authority to transact the business of insurance in this state. The association shall perform its functions under the plan of operation established and approved according to section 44-2709 and shall exercise its powers through a board of directors established pursuant to the provisions of section 44-2706 . For purposes of administration and assessment, the association shall maintain three accounts: (a) A health insurance account; (b) a life insurance account; and (c) an annuity account.

(2) The association shall be under the direct supervision of the director and shall be subject to the applicable provisions of the insurance laws of this state.

Laws 1975, LB 217, § 5;

Laws 1989, LB 92, § 216.
Neb. Rev. Stat. § 44-255 — NE Code / Chapter 44 / Section 44-255
44-255
Status: in_force

The stock company acquired under a plan of exchange and the acquiring corporation shall be in all respects separate and distinct corporations, with neither corporation having any liability to the creditors or policyholders, if any, or shareholders of the other for any acts or omissions of the officers, directors, or shareholders of either or both of such corporations.

Laws 1973, LB 296, § 8;

R.S.1943, (1988), § 44-133.08.
Neb. Rev. Stat. § 1-140 — NE Code / Chapter 1 / Section 1-140
View Statute 1-140
Status: in_force

The board may initiate proceedings under the Public Accountancy Act either on its own motion or on the complaint of any person.

Laws 1957, c. 1, § 35, p. 68;

Laws 1997, LB 114, § 34.
Neb. Rev. Stat. § 30-3846 — NE Code / Chapter 30 / Section 30-3846
View Statute 30-3846
Status: in_force

(UTC 501) To the extent a beneficiary's interest is not subject to a spendthrift provision, the court may authorize a creditor or assignee of the beneficiary to reach the beneficiary's interest by attachment of present or future distributions to or for the benefit of the beneficiary or other means. The court may limit the award to such relief as is appropriate under the circumstances.

Laws 2003, LB 130, § 46;

Laws 2007, LB124, § 23.
Neb. Rev. Stat. § 28-397 — NE Code / Chapter 28 / Section 28-397
View Statute 28-397
Status: in_force

(1) A person commits the offense of assault of an unborn child in the first degree if he or she, during the commission of any criminal assault on a pregnant woman, intentionally or knowingly causes serious bodily injury to her unborn child.

(2) Assault of an unborn child in the first degree is a Class IIA felony.

Laws 2006, LB 57, § 4;

Laws 2015, LB605, § 25.
Neb. Rev. Stat. § 25-1804 — NE Code / Chapter 25 / Section 25-1804
View Statute 25-1804
Status: in_force

(1) A party seeking an award for fees and other expenses pursuant to sections 25-1802 to 25-1807 shall, not later than thirty days after the entry of the final judgment in the action, submit to the court an application which provides evidence of eligibility for an award pursuant to such sections and which specifies the amount sought. If the amount sought includes an attorney's fee or the fee for an expert witness, the application shall include an itemized statement for each such fee indicating the actual time expended in service to the applicant and the rate at which the fees were computed.

(2) Notwithstanding any other provision of such sections, fees and other expenses shall be awarded as provided in such sections only to those prevailing parties who are:

(a) Natural persons; or

(b) A sole proprietorship, partnership, limited liability company, corporation, association, or public or private organization:

(i) That had an average daily employment of fifty persons or less for the twelve months preceding the filing of such action; and

(ii) Whose gross receipts for the twelve-month period preceding the filing of the action was two million dollars or less or whose average gross receipts for the three twelve-month periods preceding the filing of such appeal pursuant to the Administrative Procedure Act was two million dollars or less, whichever amount is greater.

Laws 1982, LB 192, § 3;

Laws 1993, LB 121, § 172;

Laws 2000, LB 921, § 14.

Administrative Procedure Act, see section 84-920 .

Attorney fees may be awarded under this section only in legal and administrative proceedings initiated after July 17, 1982. Drinkwine v. Flebbe, 219 Neb. 291, 363 N.W.2d 152 (1985).

Attorney fees may be awarded under this section only in legal and administrative proceedings initiated after July 17, 1982. Drinkwine v. Flebbe, 219 Neb. 291, 363 N.W.2d 152 (1985).
Neb. Rev. Stat. § 71-2603 — NE Code / Chapter 71 / Section 71-2603
View Statute 71-2603
Status: in_force

Members of the State Board of Health may be removed by the Governor for inefficiency, neglect of duty, failure to maintain the qualifications for the position for which appointed, or misconduct in office, but only after delivering to the member a copy of the charges and affording the member an opportunity of being publicly heard in person or by counsel in his or her own defense, upon not less than ten days' notice. Such hearing shall be held before the Governor. If such member is removed, the Governor shall file in the office of the Secretary of State a complete statement of all charges made against such member and the Governor's findings thereon, together with a complete record of the proceedings.

Laws 1953, c. 335, § 9, p. 1103;

Laws 2003, LB 56, § 3.
Neb. Rev. Stat. § 29-4205 — NE Code / Chapter 29 / Section 29-4205
View Statute 29-4205
Status: in_force

In a proceeding in which an audiovisual court appearance is made:

(1) Facsimile signatures or electronically reproduced signatures are acceptable for purposes of releasing the detainee or prisoner from custody; however, actual signed copies of the release documents must be promptly filed with the court and the detainee or prisoner must promptly be provided with a copy of all documents which the detainee or prisoner signs;

(2) The record of the court reporting personnel shall be the official record of the proceeding; and

(3) On motion of the detainee or prisoner or the prosecuting attorney or in the court's discretion, the court may terminate an audiovisual appearance and require an appearance by the detainee or prisoner.

Laws 1999, LB 623, § 5;

Laws 2006, LB 1115, § 24;

Laws 2018, LB983, § 1.