FrankGoortani/open-us-law huggingface dataset:
Neb. Rev. Stat. § 38-1032 — NE Code / Chapter 38 / Section 38-1032
View Statute 38-1032
Status: in_force

Jurisdiction means the District of Columbia and any state, territory, or possession of the United States of America.

Laws 1986, LB 318, § 21;

R.S.1943, (2003), § 71-360;

Laws 2007, LB463, § 294.
Neb. Rev. Stat. § 48-666 — NE Code / Chapter 48 / Section 48-666
View Statute 48-666
Status: in_force

Any person who shall willfully violate any provision of the Employment Security Law or any order, rule, or regulation thereunder, the violation of which is made unlawful or the observance of which is required under the terms of such law, and for which a penalty is neither prescribed in such law nor provided by any other applicable statute, shall be guilty of a Class III misdemeanor. Each day such violation continues shall be a separate offense.

Laws 1937, c. 108, § 16, p. 401;

C.S.Supp.,1941, § 48-715;

R.S.1943, § 48-666;

Laws 1977, LB 40, § 296;

Laws 1985, LB 339, § 47.
Neb. Rev. Stat. § 37-1732 — NE Code / Chapter 37 / Section 37-1732
View Statute 37-1732
Status: in_force

The commission may adopt and promulgate rules and regulations to carry out the State Park System Construction Alternatives Act.

Laws 2018, LB775, § 33.
Neb. Rev. Stat. § 51-201.07 — NE Code / Chapter 51 / Section 51-201.07
View Statute 51-201.07
Status: in_force

If the city council, village board, or township board and library board, if one exists, both adopt a resolution indicating that such city, village, or township library no longer desires to be a part of the county library system and notify the county board by filing the resolutions with the county clerk, the county board shall submit the question to the voters of the city, village, or township at the next statewide general election. If a majority of the voters voting on the issue vote to withdraw from the county library, then beginning on January 1 following the election, the city, village, or township shall cease to be entitled to the benefits of such county library and the property situated in such city, village, or township library shall not be liable for taxes levied for county library purposes. The city council, village board, or township board and the county board shall enter into a dissolution agreement to provide for the disposition of assets, indebtedness, and employees. If the parties cannot agree within one year after the election, either party may bring an action in the district court and the district court shall determine the disposition of assets, indebtedness, and employees.

Laws 1997, LB 250, § 15.
Neb. Rev. Stat. § 38-3131 — NE Code / Chapter 71 / Section 38-3131
38-3131
Status: in_force

(1) The confidential relations and communications between psychologists and their clients and patients shall be on the same basis as those between physicians and their clients and patients as provided in section 27-504 .

(2) In judicial proceedings, whether civil, criminal, or juvenile, in legislative and administrative proceedings, and in proceedings preliminary and ancillary thereto, a client or patient, or his or her legal guardian or personal representative, may refuse to disclose or may prevent the disclosure of confidential information, including information contained in administrative records, communicated to a psychologist, or to a person reasonably believed by the client or patient to be a psychologist, or the psychologist's or person's agents, for the purpose of diagnosis, evaluation, or treatment of any mental and emotional disorder. In the absence of evidence to the contrary, the psychologist shall be presumed to be authorized to claim the privilege on the client's or patient's behalf.

(3) This privilege may not be claimed by the client or patient, or on his or her behalf by authorized persons, in the following circumstances:

(a) When abuse or harmful neglect of children, the elderly, or disabled or incompetent individuals is known or reasonably suspected;

(b) When the validity of a will of a former client or patient of the psychologist is contested;

(c) When such information is necessary for the psychologist to defend against a malpractice action brought by the client or patient;

(d) When an immediate threat of physical violence against a readily identifiable victim is disclosed to the psychologist;

(e) When an immediate threat of self-inflicted injury is disclosed to the psychologist;

(f) When the client or patient, by alleging mental or emotional damages in litigation, puts his or her mental state in issue;

(g) When the client or patient is examined pursuant to court order;

(h) When the purpose of the proceeding is to substantiate and collect on a claim for mental or emotional health services rendered to the client or patient or any other cause of action arising out of the professional relationship; or

(i) In the context of investigations and hearings brought by the client or patient and conducted by the department, when violations of the Psychology Practice Act are at issue.

Laws 1994, LB 1210, § 91;

Laws 1999, LB 366, § 16;

R.S.1943, (2003), § 71-1,206.29;

Laws 2007, LB463, § 1065.

This section does not nullify the rule set forth in section 27-504(2)(a). In re Interest of Dennis W., 14 Neb. App. 827, 717 N.W.2d 488 (2006).

This section does not nullify the rule set forth in section 27-504(2)(a). In re Interest of Dennis W., 14 Neb. App. 827, 717 N.W.2d 488 (2006).
Neb. Rev. Stat. § 45-901 — NE Code / Chapter 45 / Section 45-901
View Statute 45-901
Status: in_force

Sections 45-901 to 45-931 shall be known and may be cited as the Delayed Deposit Services Licensing Act.

Laws 1994, LB 967, § 1;

Laws 2006, LB 876, § 36;

Laws 2012, LB269, § 1;

Laws 2018, LB194, § 2;

Laws 2020, LB909, § 35.
Neb. Rev. Stat. § 43-2603 — NE Code / Chapter 43 / Section 43-2603
View Statute 43-2603
Status: in_force

The Legislature declares that it shall be the policy of the State of Nebraska to:

(1) Recognize the family as the most important social and economic unit of society and support the central role parents play in raising children. All parents are encouraged to care for and nurture their children through the traditional methods of parental care at home. However, to the extent early childhood care and education and school-age-care programs are used, parents are encouraged to participate fully in the effort to improve the quality of such programs;

(2) Promote a variety of culturally and developmentally appropriate child care programs of high quality;

(3) Promote the growth, development, and safety of children by working with community groups and agencies, including providers and parents, to establish standards for high-quality programs, training of providers, fair and equitable monitoring, and salary levels commensurate with provider responsibilities and support services;

(4) Promote equal access to high-quality, affordable, and socioeconomically integrated programs for all children and families; and

(5) Facilitate broad community and private sector involvement in the provision of high-quality programs to foster economic development and assist business.

The Legislature supports the full integration of children with special needs into the same child care environments serving children with no identified handicapping conditions.

The Legislature also finds that family child care homes should be the primary focus in upgrading child care programs in Nebraska at this time. There is a need for a larger, more visible, and better trained supply of family child care homes.

Laws 1991, LB 836, § 3;

Laws 1995, LB 401, § 3.
Neb. Rev. Stat. § 30-516 — NE Code / Chapter 30 / Section 30-516
View Statute 30-516
Status: in_force

(a) Not later than sixty days after receipt of the information required under sections 30-507 to 30-515 , a custodian shall comply with a request under the Revised Uniform Fiduciary Access to Digital Assets Act (2015) from a fiduciary or designated recipient to disclose digital assets or terminate an account. If the custodian fails to comply, the fiduciary or designated recipient may apply to the court for an order directing compliance.

(b) An order under subsection (a) of this section directing compliance must contain a finding that compliance is not in violation of 18 U.S.C. 2702, as amended.

(c) A custodian may notify the user that a request for disclosure or to terminate an account was made under the Revised Uniform Fiduciary Access to Digital Assets Act (2015).

(d) A custodian may deny a request under the Revised Uniform Fiduciary Access to Digital Assets Act (2015) from a fiduciary or designated recipient for disclosure of digital assets or to terminate an account if the custodian is aware of any lawful access to the account following the receipt of the fiduciary’s request.

(e) The Revised Uniform Fiduciary Access to Digital Assets Act (2015) does not limit a custodian's ability to obtain or require a fiduciary or designated recipient requesting disclosure or termination under the act to obtain a court order which:

(1) specifies that an account belongs to the protected person or principal;

(2) specifies that there is sufficient consent from the protected person or principal to support the requested disclosure; and

(3) contains a finding required by law other than the act.

(f) A custodian and its officers, employees, and agents are immune from liability for an act or omission done in good faith in compliance with the Revised Uniform Fiduciary Access to Digital Assets Act (2015).

Laws 2016, LB829, § 16.
Neb. Rev. Stat. § 8-2101 — NE Code / Chapter 8 / Section 8-2101
View Statute 8-2101
Status: in_force

Sections 8-2101 to 8-2108 shall be known and may be cited as the Interstate Branching and Merger Act.

Laws 1997, LB 351, § 1;

Laws 2012, LB963, § 14.
Neb. Rev. Stat. § 18-2105 — NE Code / Chapter 19 / Section 18-2105
18-2105
Status: in_force

(1) The governing body of a city or an authority at its direction for the purposes of the Community Development Law may formulate for the city a workable program for utilizing appropriate private and public resources to eliminate or prevent the development or spread of urban blight, to encourage needed urban rehabilitation, to provide for the redevelopment of substandard and blighted areas, or to undertake any or all of such activities or other feasible activities as may be suitably employed to achieve the objectives of such workable program. Such workable program may include, without limitation, provision for (a) the prevention of the spread of blight into areas of the city which are free from blight through diligent enforcement of housing, zoning, and occupancy controls and standards; (b) the rehabilitation or conservation of substandard and blighted areas or portions of such areas by replanning, removing congestion, and providing parks, playgrounds, and other public improvements by encouraging voluntary rehabilitation and by compelling the repair and rehabilitation of deteriorated or deteriorating structures; and (c) the clearance and redevelopment of substandard and blighted areas or portions of such areas.

(2) As part of a workable program formulated under subsection (1) of this section, the governing body of a city or an authority may develop guidelines for the consideration or approval of redevelopment projects that are financed in whole or in part through the division of taxes as provided in section 18-2147 . Such guidelines may establish general goals and priorities for the use of funds from such division of taxes or limitations or restrictions on the use of funds from such division of taxes within such city.

(3) Notwithstanding any other provisions of the Community Development Law, where the local governing body certifies that an area is in need of redevelopment or rehabilitation as a result of flood, fire, hurricane, earthquake, storm, or other catastrophe respecting which the Governor of the state has certified the need for disaster assistance under federal law, the local governing body may approve a redevelopment plan and a redevelopment project with respect to such area without regard to the provisions of the Community Development Law requiring a general plan for the city and notice and public hearing or findings other than as provided in this section.

Laws 1951, c. 224, § 4(2), p. 800;

R.R.S.1943, § 14-1605;

Laws 1957, c. 52, § 6, p. 253;

Laws 1961, c. 61, § 5, p. 231;

R.R.S.1943, § 19-2605;

Laws 1997, LB 875, § 6;

Laws 2023, LB531, § 12.

The Community Development Law gives local governing bodies the discretion to remove blighted designations as they see fit to best serve the sound needs of the community. Prime Realty Dev., Inc. v. City of Omaha, 258 Neb. 72, 602 N.W.2d 13 (1999).

The Community Development Law gives local governing bodies the discretion to remove blighted designations as they see fit to best serve the sound needs of the community. Prime Realty Dev., Inc. v. City of Omaha, 258 Neb. 72, 602 N.W.2d 13 (1999).
Neb. Rev. Stat. § 28-933 — NE Code / Chapter 28 / Section 28-933
View Statute 28-933
Status: in_force

(1) Any person (a)(i) who is legally confined in a jail or an adult correctional or penal institution, (ii) who is otherwise in legal custody of the Department of Correctional Services, or (iii) who is committed as a dangerous sex offender under the Sex Offender Commitment Act and (b) who commits (i) assault in the first, second, or third degree as defined in sections 28-308 to 28-310 , (ii) terroristic threats as defined in section 28-311.01 , (iii) kidnapping as defined in section 28-313 , or (iv) false imprisonment in the first or second degree as defined in sections 28-314 and 28-315 , against any person for the purpose of compelling or inducing the performance of any act by such person or any other person shall be guilty of a Class II felony.

(2) Sentences imposed under subsection (1) of this section shall be served consecutive to any sentence or sentences imposed for violations committed prior to the violation of subsection (1) of this section and shall not include any credit for time spent in custody prior to sentencing unless the time in custody is solely related to the offense for which the sentence is being imposed under this section.

Laws 1982, LB 465, § 7;

Laws 1986, LB 956, § 13;

Laws 2010, LB771, § 9.

Sex Offender Commitment Act, see section 71-1201 .
Neb. Rev. Stat. § 68-718 — NE Code / Chapter 68 / Section 68-718
View Statute 68-718
Status: in_force

All furniture, equipment, books, files, records, and personnel utilized by the county divisions or boards of public welfare for the administration of public assistance programs shall be transferred and delivered to the Department of Health and Human Services. The transferred employees shall not lose any accrued benefits or status due to the transfer and shall receive the same benefits as other state employees, including participation in the State Employees Retirement Fund.

Laws 1982, LB 522, § 34;

Laws 1996, LB 1044, § 302;

Laws 2007, LB296, § 245.

This section as it existed prior to January 1, 1997, does not impermissibly authorize the transfer of property purchased solely with county funds from the county for the benefit of others outside that county; violate Neb. Const. art. VIII, sec. 1A, which prohibits the State from levying a property tax for state purposes; nor violate the county's due process rights under U.S. Const. amends. V and XIV and Neb. Const. art. I, sec. 3. Rock Cty. v. Spire, 235 Neb. 434, 455 N.W.2d 763 (1990).

This section as it existed prior to January 1, 1997, does not impermissibly authorize the transfer of property purchased solely with county funds from the county for the benefit of others outside that county; violate Neb. Const. art. VIII, sec. 1A, which prohibits the State from levying a property tax for state purposes; nor violate the county's due process rights under U.S. Const. amends. V and XIV and Neb. Const. art. I, sec. 3. Rock Cty. v. Spire, 235 Neb. 434, 455 N.W.2d 763 (1990).

Under prior law, a county's refusal to return retirement plan contributions made by the county on behalf of transferred employees is not a loss of benefits in violation of this section. Bamesberger v. Albert, 227 Neb. 782, 420 N.W.2d 289 (1988).

Under prior law, a county's refusal to return retirement plan contributions made by the county on behalf of transferred employees is not a loss of benefits in violation of this section. Bamesberger v. Albert, 227 Neb. 782, 420 N.W.2d 289 (1988).
Neb. Rev. Stat. § 44-378 — NE Code / Chapter 44 / Section 44-378
View Statute 44-378
Status: in_force

When the description of the insured in the policy is so general that it may comprehend any person or class of persons, he only can claim the benefit of the policy who can show that it was intended to include him.

Laws 1913, c. 154, § 67, p. 423;

R.S.1913, § 3203;

Laws 1919, c. 190, tit. V, art. IV, § 37, p. 603;

C.S.1922, § 7802;

C.S.1929, § 44-337;

R.S.1943, § 44-378.
Neb. Rev. Stat. § 69-2613 — NE Code / Chapter 69 / Section 69-2613
View Statute 69-2613
Status: in_force

Reasonable attempt to repair means within the terms of an express warranty applicable to a new assistive device:

(1) Any nonconformity within the warranty that has been repaired by the manufacturer, the assistive device lessor, or any of the manufacturer's authorized assistive device dealers on at least two previous occasions and a nonconformity continues; or

(2) The assistive device is out of service for repair for an aggregate of at least thirty cumulative days because of warranty nonconformity.

Laws 1997, LB 802, § 13.
Neb. Rev. Stat. § 44-1114 — NE Code / Chapter 44 / Section 44-1114
View Statute 44-1114
Status: in_force

The director shall have the authority to:

(1) Adopt and promulgate rules and regulations to carry out the Viatical Settlements Act;

(2) Establish standards for evaluating reasonableness of payments under viatical settlement contracts for persons with a terminal or chronic illness or condition. This authority includes, but is not limited to, regulation of discount rates used to determine the amount paid in exchange for assignment, transfer, sale, devise, or bequest of a benefit under a life insurance policy insuring the life of a person who is chronically ill or terminally ill;

(3) Establish appropriate licensing requirements, fees, and standards for continued licensure for viatical settlement providers and brokers;

(4) Require a bond or other mechanism for financial accountability for viatical settlement providers and brokers; and

(5) Adopt rules and regulations governing the relationship and responsibilities of insurers, viatical settlement providers, and viatical settlement brokers during the viatication of a life insurance policy or certificate.

Laws 2001, LB 52, § 40;

Laws 2008, LB853, § 16.
Neb. Rev. Stat. § 24-1206 — NE Code / Chapter 24 / Section 24-1206
View Statute 24-1206
Status: in_force

(1) The Judicial Resources Commission's determination of whether a judicial vacancy exists or a new judgeship, a reduction in judgeships, a change in number of judicial districts or boundaries, or the reallocation of a judgeship from a district, county, or separate juvenile court in one judicial district to a district, county, or separate juvenile court in another judicial district is appropriate pursuant to section 24-1204 or 24-1205 shall be based upon (a) its analysis of judicial workload statistics compiled pursuant to section 24-1007 , (b) whether litigants in the judicial district have adequate access to the courts, (c) the population of the judicial district, (d) other judicial duties and travel time involved within the judicial district, and (e) other factors determined by the Supreme Court to be necessary to assure efficiency and maximum service. The State Court Administrator shall provide adequate administrative support and information as requested by the commission.

(2) After making a determination, the commission shall report the results electronically to the Legislature and recommend any legislative changes which are needed. If no changes in existing law are needed and none are recommended by the commission, no legislative action shall be necessary to fill any judicial vacancy determined to exist. The Legislature shall not create a new judgeship unless the commission recommends the creation of a new judgeship in its report. If legislative action is required but none is taken in the first legislative session commencing after receipt of the report by the Legislature, the commission shall hold another hearing on the matter and shall determine whether a judicial vacancy exists or again recommend legislative changes to the Legislature in its report.

Laws 1995, LB 189, § 8;

Laws 1997, LB 229, § 5;

Laws 2012, LB782, § 27.
Neb. Rev. Stat. § 44-1301 — NE Code / Chapter 44 / Section 44-1301
View Statute 44-1301
Status: in_force

Sections 44-1301 to 44-1318 shall be known and may be cited as the Health Carrier External Review Act.

Laws 2013, LB147, § 1.
Neb. Rev. Stat. § 29-3202 — NE Code / Chapter 29 / Section 29-3202
View Statute 29-3202
Status: in_force

A judge of a state court of record in another state, which by its laws has made provision for commanding persons confined in penal institutions within that state to attend and testify in this state, may certify (1) that there is a criminal proceeding or investigation by a grand jury or a criminal action pending in the court, (2) that a person who is confined in a penal institution in this state may be a material witness in the proceeding, investigation, or action, and (3) that his presence will be required during a specified time. Upon presentation of the certificate to any judge having jurisdiction over the person confined, and upon notice to the Attorney General, the judge in this state shall fix a time and place for a hearing and shall make an order directed to the person having custody of the prisoner requiring that the prisoner be produced before him at the hearing.

Laws 1969, c. 229, § 2, p. 854.
Neb. Rev. Stat. § 16-684 — NE Code / Chapter 16 / Section 16-684
View Statute 16-684
Status: in_force

When a system of waterworks or sewerage, power, heating, lighting, or drainage shall have been adopted as provided under sections 16-680 to 16-683 , the mayor and city council may erect and construct and maintain such system of waterworks or sewerage or power plant, lighting, heating, or drainage, either within or without the corporate limits of the city, make all needful rules and regulations concerning their use, and do all acts necessary for their construction, completion, management, and control not inconsistent with law, including the taking of private property for the public use for their construction and operation. The procedure to condemn property shall be exercised in the manner set forth in sections 76-704 to 76-724 , except as to property specifically excluded by section 76-703 and as to which sections 19-701 to 19-707 are applicable.

Laws 1901, c. 18, § 59, p. 275;

Laws 1909, c. 19, § 1, p. 186;

Laws 1913, c. 35, § 3, p. 114;

R.S.1913, § 4959;

C.S.1922, § 4128;

Laws 1929, c. 43, § 1, p. 187;

C.S.1929, § 16-657;

R.S.1943, § 16-684;

Laws 1951, c. 101, § 54, p. 472;

Laws 2016, LB704, § 142.

A city may acquire existing electric and waterworks systems by eminent domain, but such power cannot extend so as to acquire a utilities property which furnishes several kinds of utility service, and is operated as a unit. Central Power Co. v. Nebraska City, 112 F.2d 471 (8th Cir. 1940).

A city may acquire existing electric and waterworks systems by eminent domain, but such power cannot extend so as to acquire a utilities property which furnishes several kinds of utility service, and is operated as a unit. Central Power Co. v. Nebraska City, 112 F.2d 471 (8th Cir. 1940).