FrankGoortani/open-us-law huggingface dataset:
Neb. Rev. Stat. § 58-854 — NE Code / Chapter 58 / Section 58-854
View Statute 58-854
Status: in_force

The State of Nebraska does hereby pledge to and agree with the holders of any obligations issued under the Nebraska Educational, Health, Cultural, and Social Services Finance Authority Act and with those parties who may enter into contracts with the authority pursuant to the act that the state will not limit or alter the rights vested in the authority until such obligations, together with the interest thereon, are fully met and discharged and such contracts are fully performed on the part of the authority, except that nothing contained in this section shall preclude such limitation or alteration if and when adequate provision is made by law for the protection of the holders of such obligations of the authority or those entering into such contracts with the authority.

Laws 1981, LB 321, § 51;

Laws 1993, LB 465, § 29;

R.S.1943, (1994), § 79-2951;

Laws 1995, LB 5, § 51;

R.S.1943, (2008), § 85-1751;

Laws 2013, LB170, § 54;

Laws 2019, LB224, § 32.
Neb. Rev. Stat. § 46-1505 — NE Code / Chapter 46 / Section 46-1505
View Statute 46-1505
Status: in_force

The controlling entity shall publicize proposed boundaries for the wellhead protection area and the proposed controls and shall provide time for public comment at one or more regularly scheduled public meetings of the governing board of the controlling entity. Notice of the time for public comment shall be published in conjunction with notice of such regularly scheduled meeting. A description of the proposed boundaries and the text of the proposed controls shall be available at the office of the controlling entity for thirty days before such meeting. Persons shall be given the opportunity to speak on the proposed designation and the proposed controls or to submit written testimony for consideration by the controlling entity.

Laws 1998, LB 1161, § 6.
Neb. Rev. Stat. § 21-323.02 — NE Code / Chapter 21 / Section 21-323.02
View Statute 21-323.02
Status: in_force

(1) If the Secretary of State denies a corporation's application for reinstatement following administrative dissolution under section 21-323 , he or she shall serve the corporation under section 21-236 with a written notice that explains the reason or reasons for denial.

(2) The corporation may appeal the denial of reinstatement to the district court of Lancaster County within thirty days after service of the notice of denial is perfected under section 21-236 . The corporation shall appeal by petitioning the court to set aside the dissolution and attaching to the petition copies of the Secretary of State's certificate of dissolution, the corporation's application for reinstatement, and the Secretary of State's notice of denial.

(3) The court may summarily order the Secretary of State to reinstate the dissolved corporation or may take other action the court considers appropriate.

(4) The court's final decision may be appealed as in other civil proceedings.

Laws 1995, LB 109, § 199;

Laws 2014, LB749, § 255.
Neb. Rev. Stat. § 38-1056 — NE Code / Chapter 71 / Section 38-1056
38-1056
Status: in_force

Temporary practitioner means a person licensed under the Cosmetology, Electrology, Esthetics, Nail Technology, and Body Art Practice Act to perform any or all of the practices of cosmetology for a limited time under the supervision at all times of a designated supervisor.

Laws 1986, LB 318, § 33;

R.S.1943, (2003), § 71-372;

Laws 2007, LB463, § 318.
Neb. Rev. Stat. § 39-2822 — NE Code / Chapter 39 / Section 39-2822
View Statute 39-2822
Status: in_force

The department may enter into agreements under sections 39-2808 to 39-2824 to let, design, and construct projects for political subdivisions when any of the funding for such projects is provided by or through the department. In such instances, the department may enter into contracts with the design-builder, progressive design-builder, or construction manager. The provisions of the Political Subdivisions Construction Alternatives Act shall not apply to projects let, designed, and constructed under the supervision of the department pursuant to agreements with political subdivisions under sections 39-2808 to 39-2824 .

Laws 2016, LB960, § 22;

Laws 2019, LB583, § 16;

Laws 2022, LB1016, § 11.

Political Subdivisions Construction Alternatives Act, see section 13-2901 .
Neb. Rev. Stat. § 38-2209 — NE Code / Chapter 38 / Section 38-2209
View Statute 38-2209
Status: in_force

Licensed practitioner means a person lawfully authorized to prescribe medications or treatments.

Laws 2007, LB463, § 765.
Neb. Rev. Stat. § 71-2606 — NE Code / Chapter 71 / Section 71-2606
View Statute 71-2606
Status: in_force

In the last calendar quarter of each year, the members of the State Board of Health shall meet and elect a chairperson of the board from the members and such other officers, including a vice-chairperson and a secretary, as the board deems necessary. In case of the death, resignation, or other permanent absence of the chairperson of the board, the vice-chairperson shall assume the office of chairperson and the members of the board at the next regular meeting of the board, or at a special meeting of the board pursuant to a call signed by five members of which the other members shall have at least three days' notice, shall elect a new chairperson of the board from the members and such other new officers as the board deems necessary.

Laws 1953, c. 335, § 12, p. 1103;

Laws 1969, c. 575, § 1, p. 2321;

Laws 2003, LB 56, § 4.
Neb. Rev. Stat. § 38-404 — NE Code / Chapter 38 / Section 38-404
View Statute 38-404
Status: in_force

Athletic trainer means a health care professional who is licensed to practice athletic training under the Athletic Training Practice Act and who, under guidelines established with a licensed physician, performs the functions outlined in section 38-408 except as otherwise provided in subsection (5) of section 38-408 .

Laws 2007, LB463, § 176;

Laws 2022, LB436, § 3.
Neb. Rev. Stat. § 14-361 — NE Code / Chapter 14 / Section 14-361
View Statute 14-361
Status: in_force

Whenever sewer connections for sewerage or drainage may be deemed necessary or advisable, whether within the corporate limits or within the extraterritorial zoning jurisdiction of a city of the metropolitan class, the property owners shall be given thirty days from the publication of the ordinance ordering such improvements and connections to make such improvements and connections in conformity with approved plans to be kept on file by the city. The publication of such ordinance ordering such connections in the official newspaper shall be the only notice required to be given such property owners. Upon the failure or neglect of the property owners to construct such connections within the time fixed, the city shall cause such work to be done and shall contract for such construction with the lowest responsible bidder. The cost of construction, including superintendence and inspection, shall be assessed against the property to which such connections have been made as a special assessment.

Laws 1921, c. 116, art. III, § 52, p. 455;

C.S.1922, § 3605;

C.S.1929, § 14-353;

R.S.1943, § 14-361;

Laws 1959, c. 30, § 2, p. 184;

Laws 2022, LB800, § 62.

Person filing protest against special assessments before time fixed in notice for meeting of board thereby waives all defects in notice. Shannon v. City of Omaha, 73 Neb. 507, 103 N.W. 53 (1905), affirmed on rehearing 73 Neb. 514, 106 N.W. 592 (1906).

Person filing protest against special assessments before time fixed in notice for meeting of board thereby waives all defects in notice. Shannon v. City of Omaha, 73 Neb. 507, 103 N.W. 53 (1905), affirmed on rehearing 73 Neb. 514, 106 N.W. 592 (1906).
Neb. Rev. Stat. § 71-946 — NE Code / Chapter 71 / Section 71-946
View Statute 71-946
Status: in_force

The appointment of counsel under section 71-945 shall be in accordance with the following procedures:

(1) Except in counties having a public defender, upon the receipt from the mental health board of a certificate for the appointment of counsel, the clerk of the district court shall notify the district judge or the county judge of the county in which the proceedings are pending of the receipt of such certificate. The judge to whom the certificate was issued shall appoint an attorney to represent the person concerning whom an application is filed before the mental health board, whereupon the clerk of the court shall enter upon the certificate the name of the attorney appointed and deliver the certificate of appointment of counsel to the mental health board. The clerk of the district court or the clerk of the county court shall also keep and maintain a record of all appointments which shall be conclusive evidence thereof. All appointments of counsel under the Nebraska Mental Health Commitment Act or the Sex Offender Commitment Act may be made at any time or place in the state; and

(2) In counties having a public defender, upon receipt from the mental health board of a certificate for the appointment of counsel, the clerk of the district court shall notify the public defender of his or her appointment to represent the person and shall enter upon the certificate the name of the attorney appointed and deliver the certificate of appointment of counsel to the mental health board.

Laws 1976, LB 806, § 60;

Laws 2000, LB 884, § 13;

R.S.Supp.,2002, § 83-1050;

Laws 2004, LB 1083, § 66;

Laws 2006, LB 1199, § 42.

Sex Offender Commitment Act, see section 71-1201 .
Neb. Rev. Stat. § 10-1101 — NE Code / Chapter 10 / Section 10-1101
View Statute 10-1101
Status: in_force

Sections 10-1101 to 10-1106 shall be known and may be cited as the Nebraska Governmental Unit Security Interest Act.

Laws 2000, LB 929, § 17.
Neb. Rev. Stat. § 60-3413 — NE Code / Chapter 60 / Section 60-3413
View Statute 60-3413
Status: in_force

(1) At the time an owner makes a vehicle available for use by a program and immediately prior to each time the owner offers such vehicle for use by such program, the program shall:

(a) Verify that the vehicle does not have any safety recalls for which the repairs have not been made; and

(b) Notify the owner of the requirements under subsection (2) of this section.

(2) An owner shall:

(a) Not make a vehicle available for use through a program if the owner has received actual notice of a safety recall on such vehicle until the safety recall repair has been made;

(b) Upon receipt of actual notice of a safety recall on a vehicle when such vehicle is offered for use through a program, remove the vehicle from availability as soon as practicably possible and until the safety recall repair has been made; and

(c) Upon receipt of actual notice of a safety recall on a vehicle, and when the vehicle is in the possession of a driver, notify the program of the safety recall so that the program may notify the driver and the vehicle can be removed from use until the owner makes the necessary safety recall repair.

Laws 2024, LB1073, § 13.
Neb. Rev. Stat. § 28-377 — NE Code / Chapter 28 / Section 28-377
View Statute 28-377
Status: in_force

Except as otherwise provided in sections 28-376 to 28-380 , no person, official, or agency shall have access to the records relating to abuse unless in furtherance of purposes directly connected with the administration of the Adult Protective Services Act and section 28-726 . Persons, officials, and agencies having access to such records shall include, but not be limited to:

(1) A law enforcement agency investigating a report of known or suspected abuse;

(2) A county attorney in preparation of an abuse petition;

(3) A physician who has before him or her a person whom he or she reasonably suspects may be abused;

(4) An agency having the legal responsibility or authorization to care for, treat, or supervise an abused vulnerable adult;

(5) Defense counsel in preparation of the defense of a person charged with abuse;

(6) Any person engaged in bona fide research or auditing, except that no information identifying the subjects of the report shall be made available to the researcher or auditor. The researcher shall be charged for any costs of such research incurred by the department at a rate established by rules and regulations adopted and promulgated by the department;

(7) The designated protection and advocacy system authorized pursuant to the Developmental Disabilities Assistance and Bill of Rights Act, 42 U.S.C. 6000, as the act existed on September 1, 2001, and the Protection and Advocacy for Mentally Ill Individuals Act, 42 U.S.C. 10801, as the act existed on September 1, 2001, acting upon a complaint received from or on behalf of a person with developmental disabilities or mental illness; and

(8) The department, as required or authorized by state law, federal law, federal regulation, or applicable federal program provisions and in furtherance of its programs.

Laws 1988, LB 463, § 30;

Laws 1992, LB 643, § 1;

Laws 2001, LB 214, § 1;

Laws 2007, LB296, § 33;

Laws 2020, LB1148, § 1.
Neb. Rev. Stat. § 48-191 — NE Code / Chapter 48 / Section 48-191
View Statute 48-191
Status: in_force

Notwithstanding any more general or special law respecting the subject matter hereof, whenever the last day of the period within which a party to an action may file any document or pleading with the Nebraska Workers' Compensation Court, or take any other action with respect to a claim for compensation, falls on a Saturday, a Sunday, any day on which the compensation court is closed by order of the Chief Justice of the Supreme Court, or any day declared by statutory enactment or proclamation of the Governor to be a holiday, the next following day, which is not a Saturday, a Sunday, a day on which the compensation court is closed by order of the Chief Justice of the Supreme Court, or a day declared by such enactment or proclamation to be a holiday, shall be deemed to be the last day for filing any such document or pleading or taking any such other action with respect to a claim for compensation.

Laws 1955, c. 187, § 1, p. 535;

Laws 1986, LB 811, § 120;

Laws 2003, LB 760, § 16;

Laws 2011, LB151, § 14.

The plain language of this section is broad enough to include not only transactions between a party and the court, but also transactions between the parties. Herrington v. P.R. Ventures, 279 Neb. 754, 781 N.W.2d 196 (2010).

The plain language of this section is broad enough to include not only transactions between a party and the court, but also transactions between the parties. Herrington v. P.R. Ventures, 279 Neb. 754, 781 N.W.2d 196 (2010).
Neb. Rev. Stat. § 43-507 — NE Code / Chapter 43 / Section 43-507
View Statute 43-507
Status: in_force

The Department of Health and Human Services, on behalf of mentally and physically handicapped children, shall (1) obtain admission to state and other suitable schools, hospitals, or other institutions or care in their own homes or in family, free, or boarding homes for such children in accordance with the provisions of the existing law, (2) maintain medical supervision over such mentally or physically handicapped children, and (3) provide necessary medical or surgical care in a suitable hospital, sanitarium, preventorium, or other institution or in the child's own home or a home for any medically handicapped child needing such care and pay for such care from public funds, if necessary.

Laws 1935, Spec. Sess., c. 30, § 7, p. 184;

C.S.Supp.,1941, § 43-507;

R.S.1943, § 43-507;

Laws 1965, c. 243, § 1, p. 693;

Laws 1967, c. 251, § 2, p. 662;

Laws 1988, LB 790, § 27;

Laws 1996, LB 1044, § 153;

Laws 2007, LB296, § 112.
Neb. Rev. Stat. § 38-1039 — NE Code / Chapter 71 / Section 38-1039
38-1039
Status: in_force

Nail technology school means a fixed structure or part thereof licensed under the Cosmetology, Electrology, Esthetics, Nail Technology, and Body Art Practice Act to serve as the site for teaching the practices of nail technology to nail technology students.

Laws 1999, LB 68, § 14;

R.S.1943, (2003), § 71-361.06;

Laws 2007, LB463, § 301.
Neb. Rev. Stat. § 29-3808 — NE Code / Chapter 29 / Section 29-3808
View Statute 29-3808
Status: in_force

No provision of sections 29-3801 to 29-3809 and no remedy made available by sections 29-3801 to 29-3809 shall apply to any person who is adjudged to be mentally ill.

Laws 1984, LB 591, § 8.
Neb. Rev. Stat. § 44-710.12 — NE Code / Chapter 44 / Section 44-710.12
View Statute 44-710.12
Status: in_force

The insured shall not be bound by any statement made in an application for a policy of sickness and accident insurance unless a copy of such application is attached to or endorsed on the policy when issued as a part thereof. If any such policy delivered or issued for delivery to any person in this state is reinstated or renewed and the insured or the beneficiary or assignee of such policy makes written request to the insurer for a copy of the application, if any, for such reinstatement or renewal, the insurer shall, within fifteen days after the receipt of such request at its home office or any branch office of the insurer, deliver or mail to the person making such request a copy of such application. If such copy is not so delivered or mailed, the insurer shall be precluded from introducing such application as evidence in any action or proceeding based upon or involving such policy or its reinstatement or renewal.

Laws 1957, c. 188, § 13, p. 657;

Laws 1989, LB 92, § 142.
Neb. Rev. Stat. § 25-1213 — NE Code / Chapter 25 / Section 25-1213
View Statute 25-1213
Status: in_force

The usual protest by a notary public, without proof of his signature or notarial seal, is evidence of the dishonor and notice of a bill of exchange or promissory note.

R.S.1867, Code § 349, p. 452;

R.S.1913, § 7905;

C.S.1922, § 8847;

C.S.1929, § 20-1213;

R.S.1943, § 25-1213.

Certificate of notary is evidence of notice as well as protest. Williams v. Parks, 63 Neb. 747, 89 N.W. 395 (1902).

Certificate of notary is evidence of notice as well as protest. Williams v. Parks, 63 Neb. 747, 89 N.W. 395 (1902).
Neb. Rev. Stat. § 38-2229 — NE Code / Chapter 38 / Section 38-2229
View Statute 38-2229
Status: in_force

Any person who holds a license to practice as a registered nurse in this state has the right to use the title Registered Nurse and the abbreviation R.N. No other person shall assume or use such title or abbreviation or any words, letters, signs, or devices to indicate that the person using the same is authorized to practice registered nursing.

Laws 1953, c. 245, § 10, p. 842;

Laws 1992, LB 1019, § 43;

Laws 1995, LB 563, § 21;

Laws 2002, LB 1062, § 25;

Laws 2005, LB 256, § 28;

R.S.Supp.,2006, § 71-1,132.18;

Laws 2007, LB463, § 785.
Neb. Rev. Stat. § 68-1404 — NE Code / Chapter 68 / Section 68-1404
View Statute 68-1404
Status: in_force

Reimbursement under sections 68-1401 to 68-1406 shall be made to the extent services are not available or provided to the recipient under any other private, state, or federal programs or under other contractual or legal entitlement including insurance, but no provision in sections 68-1401 to 68-1406 shall be construed as limiting in any way state participation in any federal governmental program for medical care of persons with genetically handicapping conditions.

Laws 1980, LB 989, § 4.
Neb. Rev. Stat. § 66-1425 — NE Code / Chapter 66 / Section 66-1425
View Statute 66-1425
Status: in_force

(1) Any corporate officer or employee with the authority to decide whether the corporation will pay the taxes imposed upon a corporation by the motor fuel laws, to file any reports or returns required by the motor fuel laws, or to perform any other act required of a corporation under the motor fuel laws shall be personally liable for the payment of the taxes, interest, penalties, or other administrative penalties in the event of willful failure on his or her part to have the corporation perform such act. Such taxes shall be collected in the same manner as provided under the Uniform State Tax Lien Registration and Enforcement Act.

(2) Within thirty days after the day on which the notice and demand are made for the payment of such taxes, any corporate officer or employee seeking to challenge the department's determination as to his or her personal liability for the corporation's unpaid taxes may petition for a redetermination. The petition may include a request for the redetermination of the personal liability of the corporate officer or employee, the redetermination of the amount of the corporation's unpaid taxes, or both. If a petition for redetermination is not filed within the thirty-day period, the determination becomes final at the expiration of the period.

(3) If the requirements prescribed in subsection (2) of this section are satisfied, the department shall abate collection proceedings and shall grant the corporate officer or employee an oral hearing and give him or her ten days' notice of the time and place of such hearing. The department may continue the hearing from time to time as necessary.

(4) Any notice required under this section shall be served personally or by mail in the manner provided in section 66-1406.02 .

(5) If the department determines that further delay in the collection of such taxes from the corporate officer or employee will jeopardize future collection proceedings, nothing in this section shall prevent the immediate collection of such taxes.

(6) For purposes of this section:

(a) Corporation means any corporation and any other entity that is taxed as a corporation under the Internal Revenue Code;

(b) Taxes means all taxes and additions to taxes including interest and penalties imposed under the agreement; and

(c) Willful failure means that failure which was the result of an intentional, conscious, and voluntary action.

Laws 2018, LB177, § 11.

Uniform State Tax Lien Registration and Enforcement Act, see section 77-3901 .
Neb. Rev. Stat. § 55-121 — NE Code / Chapter 55 / Section 55-121
View Statute 55-121
Status: in_force

The Adjutant General shall be appointed by the Governor from the active or retired commissioned officers of the National Guard of this state. Such Adjutant General shall be or have been a commissioned officer who has actively served in the National Guard of this state for at least five years, shall have attained at least the grade of lieutenant colonel, and shall be able to become eligible for promotion to general officer. If a retired officer is appointed, he or she shall not have been retired for more than two years at the time he or she is considered for appointment. He or she shall hold his or her office as provided in section 55-136 . He or she shall receive for his or her services such salary as the Governor shall direct, payable biweekly, except that such salary shall not exceed the annual pay and allowances of regular military officers of equal rank. If funds made available by the federal government are in excess of the amount payable as directed by the Governor, the excess shall be used to reduce the amount required to be paid by the state. Due to the interrelated nature of the Adjutant General's state and federal duties, the Adjutant General shall not be required to take paid or unpaid leave or leaves of absence to perform his or her federal duties, whether or not under federal orders. The Adjutant General shall continue to receive his or her salary during all such periods. The Adjutant General shall only be required to take leave or leaves of absence during those times when he or she is absent and performing neither his or her state nor federal duties as Adjutant General. This section shall not apply if the Adjutant General is called to active duty of the United States under 10 U.S.C.

Laws 1917, c. 205, § 4, p. 485;

Laws 1919, c. 121, § 2, p. 290;

Laws 1921, c. 234, § 1, p. 834;

C.S.1922, § 3305;

C.S.1929, § 55-125;

R.S.1943, § 55-141;

Laws 1947, c. 196, § 1, p. 639;

Laws 1951, c. 182, § 1, p. 685;

Laws 1961, c. 273, § 1, p. 807;

Laws 1965, c. 341, § 2, p. 972;

R.R.S.1943, § 55-141;

Laws 1969, c. 459, § 19, p. 1587;

Laws 1974, LB 983, § 4;

Laws 2004, LB 963, § 1;

Laws 2010, LB550, § 3.