FrankGoortani/open-us-law huggingface dataset:
Neb. Rev. Stat. § 37-565 — NE Code / Chapter 37 / Section 37-565
View Statute 37-565
Status: in_force

A court may enjoin conduct described in section 37-564 upon petition by a person affected or by a person who may reasonably be affected by such conduct upon a showing that such conduct is threatened or that it has occurred on a particular premises in the past and that it is not unreasonable to expect such conduct will be repeated.

Laws 1995, LB 274, § 3;

R.S.Supp.,1996, § 37-529.02;

Laws 1998, LB 922, § 285.
Neb. Rev. Stat. § 14-1223 — NE Code / Chapter 14 / Section 14-1223
View Statute 14-1223
Status: in_force

Prior to the preparation of definitive bonds issued pursuant to sections 14-1201 to 14-1222 , the city council of a city of the metropolitan class may, under like restrictions, issue temporary bonds with or without coupons, exchangeable for definitive bonds upon the issuance of the latter.

Laws 1929, c. 176, § 10, p. 620;

C.S.1929, § 14-1210;

Laws 1931, c. 27, § 2, p. 110;

C.S.Supp.,1941, § 14-1210;

R.S.1943, § 14-1223;

Laws 2022, LB800, § 256.
Neb. Rev. Stat. § 44-5244 — NE Code / Chapter 44 / Section 44-5244
View Statute 44-5244
Status: in_force

Late enrollee shall mean an eligible employee or dependent who requests enrollment in a health benefit plan of a small employer following the initial enrollment period during which the individual is entitled to enroll under the terms of the health benefit plan if the initial enrollment period is a period of at least thirty days. An eligible employee or dependent shall not be considered a late enrollee if:

(1) The individual meets the following:

(a) The individual was covered under creditable coverage at the time of the initial enrollment;

(b) The individual lost coverage under creditable coverage as a result of termination of employment or eligibility, reduction in the number of hours of employment, the involuntary termination of the creditable coverage, the death of a spouse, divorce, or legal separation; and

(c) The individual requests enrollment within thirty days after termination of the creditable coverage;

(2) The individual is employed by an employer which offers multiple health benefit plans and the individual elects a different plan during an open enrollment period;

(3) A court has ordered coverage be provided for a spouse or a minor or dependent child under a covered employee's health benefit plan and the request for enrollment is made within thirty days after issuance of the court order; or

(4) The individual had coverage under a COBRA continuation provision and the coverage under that provision was exhausted.

Laws 1994, LB 1222, § 22;

Laws 1997, LB 862, § 39.
Neb. Rev. Stat. § 21-2305 — NE Code / Chapter 21 / Section 21-2305
View Statute 21-2305
Status: in_force

When executed and notarized under section 21-2304 , the articles of incorporation shall be filed with the Secretary of State. The Secretary of State shall examine the articles of incorporation and, if he or she finds (1) that the recitals contained in the articles of incorporation are correct, (2) that the requirements of section 21-2304 have been complied with, and (3) that the name of the corporation is not identical with or similar enough to the name of another corporation already in existence in this state as to lead to confusion and uncertainty, the Secretary of State shall approve the articles of incorporation and record them in his or her office. When the articles of incorporation have been made, filed, and approved the applicants shall constitute a corporation under the name set out in the articles of incorporation pursuant to the Nebraska Industrial Development Corporation Act.

Laws 1972, LB 1517, § 5;

Laws 1995, LB 494, § 5.
Neb. Rev. Stat. § 43-267 — NE Code / Chapter 43 / Section 43-267
View Statute 43-267
Status: in_force

(1) As provided under sections 43-263 to 43-266 , subpoenas may be issued requiring the appearance of any other person whose presence, in the opinion of the judge, is necessary.

(2) Notice of the time, date, place, and purpose of any juvenile court hearing subsequent to the initial hearing, for which a summons or notice has been served or waived, shall be given to all parties either in court, by mail, or in such other manner as the court may direct.

Laws 1981, LB 346, § 23.
Neb. Rev. Stat. § 1-152 — NE Code / Chapter 1 / Section 1-152
View Statute 1-152
Status: in_force

No partnership or limited liability company shall assume or use the title or designation certified public accountant or public accountant or the abbreviation C.P.A. or any other title, designation, words, letters, abbreviation, sign, card, or device tending to indicate that such partnership or limited liability company is composed of certified public accountants unless such partnership or limited liability company is registered as a partnership of certified public accountants or a limited liability company of certified public accountants under section 1-126 and holds a permit issued under subdivision (1)(b) of section 1-136 which is not revoked or suspended and all of such partnership's or limited liability company's offices in this state for the practice of public accountancy are maintained and registered as required under section 1-135 .

Laws 1957, c. 1, § 47, p. 72;

Laws 1993, LB 121, § 51;

Laws 1997, LB 114, § 42;

Laws 2009, LB31, § 26.
Neb. Rev. Stat. § 53-134.02 — NE Code / Chapter 53 / Section 53-134.02
View Statute 53-134.02
Status: in_force

Local governing bodies shall only have authority to approve applications and deny licenses pursuant to the Nebraska Liquor Control Act.

Laws 1989, LB 781, § 13;

Laws 1993, LB 183, § 15.
Neb. Rev. Stat. § 28-1329 — NE Code / Chapter 28 / Section 28-1329
View Statute 28-1329
Status: in_force

As used in sections 28-1329 to 28-1334 , unless the context otherwise requires:

(1) Receptacle shall mean not only bottles, siphons, tins, kegs, one-eighth barrels, quarter barrels, half barrels, barrels, boxes, ice cream cabinets, cans and tubs, but all other receptacles used for holding any of the commodities in the sections mentioned; and

(2) Requirement for a written transfer, bill of sale, authority, or consent shall mean that it shall be signed by the person named in the certificate issued by the Secretary of State as provided in such sections, or by a transferee claiming under a written transfer signed by such person, or by an agent whose authority is in writing signed by such person or such transferee.

Laws 1977, LB 38, § 313.
Neb. Rev. Stat. § 30-3897 — NE Code / Chapter 30 / Section 30-3897
View Statute 30-3897
Status: in_force

(UTC 1008) (a) A term of a trust relieving a trustee of liability for breach of trust is unenforceable to the extent that it:

(1) relieves the trustee of liability for breach of trust committed in bad faith or with reckless indifference to the purposes of the trust or the interests of the beneficiaries; or

(2) was inserted as the result of an abuse by the trustee of a fiduciary or confidential relationship to the settlor.

(b) An exculpatory term drafted or caused to be drafted by the trustee is invalid as an abuse of a fiduciary or confidential relationship unless the trustee proves that the exculpatory term is fair under the circumstances and that its existence and contents were adequately communicated to the settlor.

Laws 2003, LB 130, § 97.

An exculpatory clause in a trust agreement is invalid where the attorney who drafted the trust agreement never met with the settlor or explained the terms of the trust and the respective duties of each party. Rafert v. Meyer, 290 Neb. 219, 859 N.W.2d 332 (2015).

An exculpatory clause in a trust agreement is invalid where the attorney who drafted the trust agreement never met with the settlor or explained the terms of the trust and the respective duties of each party. Rafert v. Meyer, 290 Neb. 219, 859 N.W.2d 332 (2015).

The beneficiaries alleged sufficient facts for a court to find that the trustee acted in bad faith or reckless indifference to the purposes of the trust or the interests of the beneficiaries by providing a false address to the insurers of life insurance policies, which were the sole trust property. Rafert v. Meyer, 290 Neb. 219, 859 N.W.2d 332 (2015).

The beneficiaries alleged sufficient facts for a court to find that the trustee acted in bad faith or reckless indifference to the purposes of the trust or the interests of the beneficiaries by providing a false address to the insurers of life insurance policies, which were the sole trust property. Rafert v. Meyer, 290 Neb. 219, 859 N.W.2d 332 (2015).
Neb. Rev. Stat. § 48-816.02 — NE Code / Chapter 48 / Section 48-816.02
View Statute 48-816.02
Status: in_force

In any request for temporary relief under the Industrial Relations Act, the commission shall mandatorily hold the initial hearing within ten days from the date of the filing.

Laws 1984, LB 832, § 4;

Laws 1986, LB 809, § 6.
Neb. Rev. Stat. § 31-202.01 — NE Code / Chapter 31 / Section 31-202.01
View Statute 31-202.01
Status: in_force

In all counties the county board shall have the power to cause all natural watercourses to be kept clean and free of obstructions.

Laws 1951, c. 95, § 1, p. 263;

Laws 1969, c. 246, § 1, p. 904.
Neb. Rev. Stat. § 38-2058 — NE Code / Chapter 38 / Section 38-2058
View Statute 38-2058
Status: in_force

It is unlawful to practice acupuncture on a person in this state unless the acupuncturist is licensed to practice acupuncture under the Uniform Credentialing Act. An acupuncturist licensed under the Uniform Credentialing Act shall provide the same standard of care to patients as that provided by a person licensed under the Uniform Credentialing Act to practice medicine and surgery, osteopathy, or osteopathic medicine and surgery. An acupuncturist licensed under the Uniform Credentialing Act shall refer a patient to an appropriate practitioner when the problem of the patient is beyond the training, experience, or competence of the acupuncturist.

Laws 2001, LB 270, § 10;

R.S.1943, (2003), § 71-1,346;

Laws 2007, LB463, § 716;

Laws 2017, LB19, § 1.
Neb. Rev. Stat. § 9-345.01 — NE Code / Chapter 9 / Section 9-345.01
View Statute 9-345.01
Status: in_force

A licensed organization may conduct a lottery by the sale of pickle cards only at its designated premises, at its regularly scheduled bingo occasion and its limited period bingo conducted pursuant to the Nebraska Bingo Act, and at the premises of one or more pickle card operators.

A licensed organization may obtain an authorization from the department to sell its individual pickle cards at a festival, bazaar, picnic, carnival, or similar special function conducted by the licensed organization outside of the organization's designated premises one time per twelve-month period commencing October 1 of each year or such other date as the department may prescribe by rule and regulation not to exceed seven consecutive days if the special function is conducted within the county in which the licensed organization has its principal office and the pickle cards are sold only by volunteer members of the licensed organization. A licensed organization shall make written request to the department for such authorization at least ten days prior to the start of the special function.

Laws 1988, LB 1232, § 28;

Laws 1994, LB 694, § 87;

Laws 2000, LB 1086, § 14.

Nebraska Bingo Act, see section 9-201 .
Neb. Rev. Stat. § 48-3704 — NE Code / Chapter 48 / Section 48-3704
View Statute 48-3704
Status: in_force

(1) The Department of Labor shall execute a memorandum of understanding with the Nebraska Statewide Workforce and Education Reporting System before December 31, 2020, to ensure the exchange of available Department of Labor data throughout the prekindergarten to postsecondary education to workforce continuum, and may utilize data and agreements under sections 79-776 , 85-110 , 85-309 , and 85-1511 .

(2) On or before December 1, 2022, and on or before each December 1 thereafter, the Nebraska Statewide Workforce and Education Reporting System shall issue a report electronically to the Clerk of the Legislature and the Governor. Such report shall provide an overview of research and analysis conducted, additional data needs for future analysis, and organizational structure and needs.

Laws 2020, LB1160, § 4;

Laws 2022, LB1130, § 1.
Neb. Rev. Stat. § 49-207 — NE Code / Chapter 49 / Section 49-207
View Statute 49-207
Status: in_force

Whenever at a session of the Legislature more than one amendment to the Constitution or proposition is submitted to a vote of the people, it shall be the duty of the Secretary of State to provide the form of the ballots containing such propositions or proposed amendments, which are to be submitted to a vote of the people. The Secretary of State shall number the amendments consecutively in the order they are received from the Governor. If more than one amendment to the Constitution or proposition is received at the same time, they shall be submitted in the order they were approved by the Legislature.

Laws 1895, c. 5, § 1, p. 69;

R.S.1913, § 3704;

C.S.1922, § 3092;

C.S.1929, § 49-207;

R.S.1943, § 49-207;

Laws 1955, c. 191, § 1, p. 552.
Neb. Rev. Stat. § 45-753 — NE Code / Chapter 45 / Section 45-753
45-753
Status: in_force

Application for a license as a mortgage banker, for registration as a mortgage banker, or for a license as a mortgage loan originator pursuant to the Residential Mortgage Licensing Act shall constitute sufficient contact with this state for the exercise of personal jurisdiction in any action arising under the act.

Laws 1989, LB 272, § 23;

R.S.1943, (2004), § 45-720;

Laws 2009, LB328, § 38.
Neb. Rev. Stat. § 49-507 — NE Code / Chapter 49 / Section 49-507
View Statute 49-507
Status: in_force

The State Librarian or his or her designee shall issue one copy each of the session laws and journals to the United States District Attorney, United States Marshal, the register and receiver of the United States land offices in the state, and each United States Commissioner residing in the state. The State Librarian shall determine whether the copies issued are in print or a reasonably available electronic format, upon recommendation by the Clerk of the Legislature and approval of the Executive Board of the Legislative Council.

Laws 1907, c. 78, § 7, p. 291;

R.S.1913, § 3739;

C.S.1922, § 3132;

C.S.1929, § 49-507;

R.S.1943, § 49-507;

Laws 1987, LB 572, § 3;

Laws 2000, LB 534, § 4.
Neb. Rev. Stat. § 19-4626 — NE Code / Chapter 19 / Section 19-4626
View Statute 19-4626
Status: in_force

(1) A city may condemn the property of a utility which constitutes a portion of a gas system without complying with the Municipal Natural Gas System Condemnation Act if the condemnation is necessary for the public purpose of acquiring an easement or right-of-way across the property of the utility or is for the purpose of acquiring a portion of the gas system for a public use unrelated to the provision of natural gas service.

(2) Nothing in the act shall be construed to govern or affect the manner in which a city which owns and operates its own gas system condemns the property of a utility when such property is brought within the corporate boundaries of the city by annexation.

Laws 2002, LB 384, § 3.

Under the plain language of subsection (2) of this section, the requirements of the Municipal Natural Gas System Condemnation Act did not apply to a city’s condemnation proceeding against property consisting of gas facilities where the property was located in an area which had been annexed by the city, and the city owned and operated its own gas system. SourceGas Distrib. v. City of Hastings, 287 Neb. 595, 844 N.W.2d 256 (2014).

Under the plain language of subsection (2) of this section, the requirements of the Municipal Natural Gas System Condemnation Act did not apply to a city’s condemnation proceeding against property consisting of gas facilities where the property was located in an area which had been annexed by the city, and the city owned and operated its own gas system. SourceGas Distrib. v. City of Hastings, 287 Neb. 595, 844 N.W.2d 256 (2014).
Neb. Rev. Stat. § 25-1671 — NE Code / Chapter 25 / Section 25-1671
25-1671
Status: in_force

All parties to an action which is filed with a county court of this state may agree that the jury may be selected up to thirty-one days prior to the date of trial. The stipulation must be unanimous among all parties and evidenced by a joint stipulation to the court.

Laws 1996, LB 1249, § 1;

R.S.1943, (2016), § 25-1631;

Laws 2020, LB387, § 28.
Neb. Rev. Stat. § 43-2708 — NE Code / Chapter 43 / Section 43-2708
View Statute 43-2708
Status: in_force

(1) Subject to subsections (2) and (3) of this section, a person not subject to section 43-2706 or 43-2707 who holds property of or owes a liquidated debt to a minor not having a conservator may make an irrevocable transfer to a custodian for the benefit of the minor pursuant to section 43-2710 .

(2) If a person having the right to do so under section 43-2704 has nominated a custodian under that section to receive the custodial property, the transfer must be made to that person.

(3) If no custodian has been nominated under section 43-2704 or all persons so nominated as custodian die before the transfer or are unable, decline, or are ineligible to serve, a transfer under this section may be made to an adult member of the minor's family or to a trust company unless the property exceeds ten thousand dollars in value.

Laws 1992, LB 907, § 8.
Neb. Rev. Stat. § 48-2609 — NE Code / Chapter 48 / Section 48-2609
View Statute 48-2609
Status: in_force

(1) An application for registration or renewal of registration must be accompanied by either an application for registration fee or a renewal of registration fee, as applicable.

(2) The Secretary of State may, by rule and regulation, establish fees for applications for registration and renewals of registration at rates sufficient to cover the costs of administering the Nebraska Uniform Athlete Agents Act, in the event any such fees are required. Such fees shall be collected by the Secretary of State and remitted to the State Treasurer for credit to the Secretary of State Cash Fund.

Laws 2009, LB292, § 9;

Laws 2020, LB910, § 17.
Neb. Rev. Stat. § 55-462 — NE Code / Chapter 55 / Section 55-462
View Statute 55-462
Status: in_force

Any person subject to this code who:

(1) Strikes his superior commissioned officer or draws or lifts up any weapon or offers any violence against him while he is in the execution of his office; or

(2) Willfully disobeys a lawful command of his superior commissioned officer, shall be punished as a court-martial may direct.

Laws 1969, c. 458, § 62, p. 1576.
Neb. Rev. Stat. § 2-3290 — NE Code / Chapter 2 / Section 2-3290
View Statute 2-3290
Status: in_force

Except as otherwise provided in section 2-3290.01 , a district which owns land or has a lease or an easement permitting the use of land for public recreational purposes may adopt and promulgate rules and regulations governing the use of such land as provided in sections 2-3292 to 2-32,100 . For purposes of sections 2-3234.01 and 2-3290 to 2-32,101 , unless the context otherwise requires, recreation area means land owned by the district or over which a district has a lease or an easement permitting the use thereof for public recreational purposes which the board authorizes to be used for such purposes.

In addition to the authority provided in section 2-3292 to establish and collect fees, a district may establish and collect permit fees for public access to such land.

Laws 1984, LB 861, § 2;

Laws 1996, LB 1241, § 1;

Laws 2006, LB 1113, § 15.
Neb. Rev. Stat. § 28-414.03 — NE Code / Chapter 28 / Section 28-414.03
View Statute 28-414.03
Status: in_force

(1) Paper prescriptions for all controlled substances listed in Schedule II of section 28-405 shall be kept in a separate file by the dispensing practitioner and shall be maintained for a minimum of five years. The practitioner shall make all such files readily available to the department and law enforcement for inspection without a search warrant.

(2) Prescriptions for all controlled substances listed in Schedule III, IV, or V of section 28-405 shall be maintained either separately from other prescriptions or in a form in which the information required is readily retrievable from ordinary business records of the dispensing practitioner and shall be maintained for a minimum of five years. The practitioner shall make all such records readily available to the department, the administration, and law enforcement for inspection without a search warrant.

(3) Before dispensing any controlled substance listed in Schedule II, III, IV, or V of section 28-405 , the dispensing practitioner shall affix a label to the container in which the controlled substance is dispensed. Such label shall bear the name and address of the pharmacy or dispensing practitioner, the name of the patient, the date of filling, the serial number of the prescription under which it is recorded in the practitioner's prescription records, the name of the prescribing practitioner, and the directions for use of the controlled substance. Unless the prescribing practitioner writes "do not label" or words of similar import on the original paper prescription or so designates in an electronic prescription or an oral prescription, such label shall also bear the name of the controlled substance.

(4) For multidrug containers, more than one drug, device, or biological may be dispensed in the same container when (a) such container is prepackaged by the manufacturer, packager, or distributor and shipped directly to the pharmacy in this manner or (b) the container does not accommodate greater than a thirty-one-day supply of compatible dosage units and is labeled to identify each drug or biological in the container in addition to all other information required by law.

(5) If a pharmacy fills prescriptions for controlled substances on behalf of another pharmacy under contractual agreement or common ownership, the prescription label shall contain the Drug Enforcement Administration number of the pharmacy at which the prescriptions are filled.

Laws 2014, LB811, § 9;

Laws 2017, LB166, § 5.
Neb. Rev. Stat. § 57-907 — NE Code / Chapter 57 / Section 57-907
View Statute 57-907
Status: in_force

(1) The commission shall limit the production of oil and gas from each pool to that amount which can be produced without waste in such pool.

(2) Whenever the commission limits the total amount of oil and gas which may be produced in any pool in this state to an amount less than that amount which the pool could produce if no restriction was imposed, the commission shall allocate or distribute the allowable production among the several wells or producing properties in the pool on a reasonable basis, preventing or minimizing reasonably avoidable drainage from each developed area not equalized by counterdrainage, so that each property will have the opportunity to produce or to receive its just and equitable share, subject to the reasonable necessities for the prevention of waste.

(3) The commission shall give due regard to the fact that gas produced from oil pools is to be regulated in a manner as will protect the reasonable use of its energy for oil production.

(4) Each person now or hereafter purchasing or taking for transportation oil or gas from any owner or producer shall purchase or take ratably without discrimination in favor of any owner or producer in the same common source of supply offering to sell his oil or gas produced therefrom to such person or offering it to him for transportation.

Laws 1959, c. 262, § 7, p. 905.

This section authorizes the Oil and Gas Conservation Commission to limit production to prevent waste and to allocate or distribute allowable production equitably. Farmers Irr. Dist. v. Schumacher, 187 Neb. 825, 194 N.W.2d 788 (1972).

This section authorizes the Oil and Gas Conservation Commission to limit production to prevent waste and to allocate or distribute allowable production equitably. Farmers Irr. Dist. v. Schumacher, 187 Neb. 825, 194 N.W.2d 788 (1972).