FrankGoortani/open-us-law huggingface dataset:
Neb. Rev. Stat. § 44-6008 — NE Code / Chapter 44 / Section 44-6008
View Statute 44-6008
Status: in_force

Insurer means an insurer as defined in section 44-103 authorized to transact the business of insurance, except that insurer does not include health organizations, unincorporated mutual associations, assessment associations, health maintenance organizations, prepaid dental service corporations, prepaid limited health service organizations, monoline mortgage guaranty insurers, monoline financial guaranty insurers, title insurers, prepaid legal corporations, intergovernmental risk management pools, and any other kind of insurer to which the application of the Insurers and Health Organizations Risk-Based Capital Act, in the determination of the director, would be clearly inappropriate. Insurer includes a risk retention group.

Insurer, when referring to life and health insurers, means an insurer authorized to transact life insurance business and sickness and accident insurance business specified in subdivisions (1) through (4) of section 44-201 , or any combination thereof, and also includes fraternal benefit societies authorized to transact business specified in sections 44-1072 to 44-10,109 .

Insurer, when referring to property and casualty insurers, means an insurer authorized to transact property insurance business and casualty insurance business specified in subdivisions (5) through (14) and (16) through (20) of section 44-201 , or any combination thereof, and also includes an insurer authorized to transact insurance business specified in subdivision (4) of section 44-201 if also authorized to transact insurance business specified in subdivisions (5) through (14) and (16) through (20) of section 44-201 .

Laws 1993, LB 583, § 20;

Laws 1994, LB 978, § 35;

Laws 1999, LB 258, § 13;

Laws 2013, LB426, § 3;

Laws 2014, LB700, § 18.
Neb. Rev. Stat. § 68-1509 — NE Code / Chapter 68 / Section 68-1509
View Statute 68-1509
Status: in_force

The department, in considering the needs and eligibility criteria of families and disabled persons, shall consider various factors, including, but not limited to:

(1) Total family income, except that the amount which the spouse may designate as provided in section 68-922 shall be excluded in determining total family income per month;

(2) The cost of providing supplemental services to the family or the disabled person;

(3) The need for each program or service received by the family or the disabled person;

(4) The eligibility of the family or the disabled person for other support programs;

(5) The costs of providing for the family or the disabled person in an independent living situation, notwithstanding the special circumstances of providing for a disabled person;

(6) The number of persons in the family; and

(7) The availability of insurance to cover the cost of needed programs and services.

If assets have been designated for an individual in accordance with section 68-922 , such assets shall not be considered in determining the eligibility for support of the individual's disabled spouse.

Laws 1981, LB 389, § 9;

Laws 1988, LB 419, § 16;

Laws 1989, LB 362, § 16;

Laws 2006, LB 1248, § 71.
Neb. Rev. Stat. § 37-498 — NE Code / Chapter 37 / Section 37-498
View Statute 37-498
Status: in_force

(1) It shall be unlawful for any person to take or attempt to take or maintain a raptor in captivity, except as otherwise provided by law or by rule or regulation of the commission, unless he or she possesses a raptor permit for falconry, a raptor permit for wildlife abatement, a captive propagation permit, or a raptor collecting permit as required by section 37-497 .

(2) No person shall sell, barter, purchase, or offer to sell, barter, or purchase any raptor, raptor egg, or raptor semen, except as permitted under a raptor permit for falconry, a raptor permit for wildlife abatement, or a captive propagation permit issued under section 37-497 or the rules and regulations adopted and promulgated by the commission. Nothing in this section shall be construed to permit any sale, barter, purchase, or offer to sell, barter, or purchase any raptor, raptor egg, or raptor semen taken from the wild.

Laws 1971, LB 733, § 2;

Laws 1987, LB 154, § 3;

R.S.1943, (1993), § 37-721;

Laws 1998, LB 922, § 208;

Laws 2011, LB41, § 24;

Laws 2019, LB374, § 5.
Neb. Rev. Stat. § 27-1103 — NE Code / Chapter 27 / Section 27-1103
View Statute 27-1103
Status: in_force

These rules may be known and cited as the Nebraska Evidence Rules.

Laws 1975, LB 279, § 73;

Laws 2009, LB97, § 8;

Laws 2020, LB881, § 5.
Neb. Rev. Stat. § 48-1904 — NE Code / Chapter 48 / Section 48-1904
View Statute 48-1904
Status: in_force

Except for breath test specimens as provided in subdivision (2)(b) of section 48-1903 , all specimens which result in a finding of drugs or alcohol shall be refrigerated and preserved in a sufficient quantity for retesting for a period of at least one hundred eighty days.

Laws 1988, LB 582, § 4.
Neb. Rev. Stat. § 44-4222 — NE Code / Chapter 44 / Section 44-4222
View Statute 44-4222
Status: in_force

(1) An individual shall not be eligible for initial or continued pool coverage if:

(a) He or she is eligible for medicare benefits by reason of age or medical assistance established pursuant to the Medical Assistance Act;

(b) He or she is a resident or inmate of a correctional facility, except that this subdivision shall not apply if such individual is eligible for pool coverage under subdivision (1)(b) of section 44-4221 ;

(c) He or she has terminated pool coverage unless twelve months have elapsed since such termination, except that this subdivision shall not apply if such individual has received and become ineligible for medical assistance pursuant to the Medical Assistance Act during the immediately preceding twelve months, if such individual is eligible for pool coverage under subdivision (1)(b) of section 44-4221 , or if such individual is eligible for waiver of any waiting period or preexisting condition exclusions pursuant to section 44-4228 ;

(d) The pool has paid out one million dollars in claims for the individual;

(e) He or she is no longer a resident of Nebraska; or

(f) The premium for his or her pool coverage is paid for by a person other than the following:

(i) The individual;

(ii) An individual related to the individual by blood, marriage, or adoption; or

(iii) An entity operating under the federal Ryan White HIV/AIDS Treatment Modernization Act of 2006, Public Law 109-415, as such act existed on August 30, 2009.

(2) Pool coverage shall terminate for any individual on the date the individual becomes ineligible under subsection (1) of this section.

Laws 1985, LB 391, § 22;

Laws 1987, LB 319, § 2;

Laws 1989, LB 279, § 8;

Laws 1990, LB 1136, § 106;

Laws 1992, LB 1006, § 36;

Laws 1997, LB 862, § 27;

Laws 1998, LB 1035, § 8;

Laws 2000, LB 1253, § 25;

Laws 2006, LB 1248, § 62;

Laws 2009, LB358, § 5.

Medical Assistance Act, see section 68-901 .
Neb. Rev. Stat. § 28-1429 — NE Code / Chapter 28 / Section 28-1429
View Statute 28-1429
Status: in_force

(1) If a license issued under sections 28-1420 to 28-1429 is revoked and forfeited as provided in section 28-1425 for a violation of section 28-1429.04 or 28-1429.05 , no new license shall be issued to such licensee until the expiration of five years after the date of such revocation and forfeiture.

(2) If a license issued under sections 28-1420 to 28-1429 is revoked and forfeited as provided in section 28-1425 for any other violation of sections 28-1418 to 28-1429.03 , 28-1429.06 , and 28-1429.07 , no new license shall be issued to such licensee until the expiration of one year after the date of such revocation and forfeiture except as otherwise provided in section 28-1423 .

Laws 1919, c. 180, § 10, p. 403;

C.S.1922, § 9858;

C.S.1929, § 28-1032;

R.S.1943, § 28-1031;

Laws 2024, LB1204, § 14.
Neb. Rev. Stat. § 28-390 — NE Code / Chapter 28 / Section 28-390
View Statute 28-390
Status: in_force

Sections 28-391 to 28-394 do not apply to an act or conduct causing or contributing to the death of an unborn child when the act or conduct is:

(1) Committed or engaged in by the mother of the unborn child;

(2) Any medical procedure performed with the consent of the mother; or

(3) Dispensing a drug or device in accordance with law or administering a drug or device prescribed in accordance with law.

Laws 2002, LB 824, § 4.
Neb. Rev. Stat. § 44-2005 — NE Code / Chapter 44 / Section 44-2005
View Statute 44-2005
Status: in_force

(1) Before any unauthorized insurer files or causes to be filed any pleading or other response in any court action, suit, or proceeding or in any such administrative proceeding before the Director of Insurance instituted against such person or insurer, by services made as provided in section 44-2004 , such insurer shall either:

(a) Deposit with the clerk of the court in which such action, suit, or proceeding is pending, or with the Director of Insurance in administrative proceedings before the director, cash or securities, or file with such clerk of the court or director a bond with good and sufficient sureties, to be approved by the clerk or director in an amount to be fixed by the court or director sufficient to secure the payment of any final judgment which may be rendered in such action or administrative proceeding; or

(b) Procure a certificate of authority to transact the business of insurance in this state. In considering the application of an insurer for a certificate of authority, for the purposes of this subsection, the Director of Insurance need not assert the provisions of Chapter 44, against such insurer with respect to its application if he determines that such company would otherwise comply with the requirements for such certificate of authority.

(2) The Director of Insurance, in any administrative proceeding in which service is made as provided in section 44-2004 , may in his discretion, order such postponement as may be necessary to afford the defendant reasonable opportunity to comply with the provisions of subsection (1) of this section and to defend such action.

(3) Nothing in subsection (1) of this section shall be construed to prevent an unauthorized insurer from filing a motion to quash a writ or to set aside service thereof made in the manner provided in section 44-2004 , on the ground that such unauthorized insurer has not done any of the acts enumerated in section 44-2002 .

Laws 1969, c. 351, § 5, p. 1228.
Neb. Rev. Stat. § 67-448 — NE Code / Chapter 67 / Section 67-448
View Statute 67-448
Status: in_force

(1) A limited partnership may be converted to a partnership pursuant to this section.

(2) Notwithstanding a provision to the contrary in a limited partnership agreement, the terms and conditions of a conversion of a limited partnership to a partnership must be approved by all of the partners.

(3) After the conversion is approved by the partners, the limited partnership shall cancel its certificate of limited partnership.

(4) The conversion takes effect when the certificate of limited partnership is canceled. Within ten business days after the certificate of limited partnership is canceled, a limited partnership converting into a partnership shall send written notice of conversion to the last-known address of any holder of a security interest in collateral of such limited partnership.

(5) A limited partner who becomes a general partner as a result of the conversion remains liable only as a limited partner for an obligation incurred by the limited partnership before the conversion takes effect. Except as otherwise provided in section 67-418 , the partner is liable as a general partner for an obligation of the partnership incurred after the conversion takes effect.

Laws 1997, LB 523, § 48;

Laws 2017, LB99, § 7.
Neb. Rev. Stat. § 69-1208 — NE Code / Chapter 69 / Section 69-1208
View Statute 69-1208
Status: in_force

Rules and regulations issued by the secretary under sections 69-1201 to 69-1217 shall be promulgated in accordance with the provisions of the Administrative Procedure Act.

Laws 1967, c. 377, § 8, p. 1182.

Administrative Procedure Act, see section 84-920 .
Neb. Rev. Stat. § 38-2058 — NE Code / Chapter 71 / Section 38-2058
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. § 55-436 — NE Code / Chapter 55 / Section 55-436
View Statute 55-436
Status: in_force

The convening authority shall refer the record of each court-martial to his Staff Judge Advocate or legal officer, who shall submit his written opinion thereon to the convening authority. If the final action of the court has resulted in an acquittal of all charges and specifications, the opinion shall be limited to questions of jurisdiction and shall be forwarded with the record to the State Judge Advocate.

Laws 1969, c. 458, § 36, p. 1569.
Neb. Rev. Stat. § 25-2708 — NE Code / Chapter 24 / Section 25-2708
25-2708
Status: in_force

In any proceeding in the county court involving (1) the probate of wills, (2) the administration of estates, (3) the determination of heirs, (4) the determination of inheritance tax, (5) guardianships, (6) conservatorships, where real estate is any part of the assets of the estate or proceeding, or (7) trusts, where real estate is specifically described as an asset of the trust, the county judge before whom the proceeding is pending shall issue a certificate which shall be filed with the register of deeds of the county in which the real estate is located within ten days after the description of the real estate is filed in the proceeding. A guardian or conservator shall file a copy of his or her letters with the register of deeds in every county in which the ward has real property or an interest in real property. The certificate shall be in the following form:

This is to certify that there is pending in the county court of ........................... County, a proceeding .........................................................

(describe proceeding and name of person involved)

in which the following described real estate is involved, to wit:

.........................................................

(describe real estate)

............................................

County Judge

Laws 1969, c. 240, § 1, p. 885;

Laws 1971, LB 41, § 1;

R.S.Supp.,1971, § 24-562.01;

Laws 1972, LB 1032, § 59;

Laws 1975, LB 481, § 7;

Laws 1980, LB 694, § 1;

R.S.1943, (1985), § 24-559;

Laws 2003, LB 130, § 117;

Laws 2011, LB157, § 1.
Neb. Rev. Stat. § 44-251 — NE Code / Chapter 44 / Section 44-251
44-251
Status: in_force

(1) Such plan of exchange shall then be submitted to the Director of Insurance for his or her approval after a hearing at which the shareholders of the company to be acquired shall have an opportunity to be heard upon at least ten days' notice to be given by the company to its shareholders of record at the time of mailing such notice. The director shall approve such plan within twenty days after such hearing unless he or she finds that the terms and conditions thereof for the issuance and exchange of securities or other consideration are unfair to the shareholders of the company to be acquired or if he or she finds that any of the conditions set forth in subsection (1) of section 44-2127 exist.

(2) After having obtained the approval of the Director of Insurance, the plan of exchange shall be submitted to a vote at a meeting of the shareholders of the company to be acquired. Such meeting may be either an annual or a special meeting. Notice shall be given not less than twenty days before such meeting to each shareholder of record as of the time of mailing such notice. Such notice shall be deemed to be delivered when deposited in the United States mail with postage prepaid, addressed to the shareholder at his or her address as it appears on the records of the company. A copy or summary of the plan of exchange shall be included in or enclosed with such notice. Each outstanding share of such company shall be entitled to vote on the proposed plan, whether or not such share has voting rights under the provisions of the articles of incorporation of such company. The affirmative vote of two-thirds of all of the outstanding shares, in person or by proxy, shall be necessary for the approval of any such plan by such shareholders.

Laws 1973, LB 296, § 4;

R.S.1943, (1988), § 44-133.04;

Laws 1989, LB 92, § 24;

Laws 1991, LB 236, § 38.
Neb. Rev. Stat. § 71-626 — NE Code / Chapter 71 / Section 71-626
View Statute 71-626
Status: in_force

(1) For each adoption of a Nebraska-born or foreign-born person decreed by any court of this state, the court shall require the preparation of a report of adoption on a form prescribed and furnished by the department. The report shall (a) include the original name, date, and place of birth and the name of the parent or parents of such person; (b) provide information necessary to establish a new certificate of birth of the person adopted; (c) provide the name and address of the child placement agency, if any, which placed the child for adoption; and (d) identify the decree of adoption and be certified by the clerk of the court.

(2) Information in the possession of the petitioner necessary to prepare the report of adoption shall be furnished with the petition for adoption by each petitioner or his or her attorney. The social or welfare agency or other person concerned shall supply the court with such additional information in his or her possession as may be necessary to complete the report. The supplying of such information shall be a prerequisite to the issuance of a decree.

(3) Whenever an adoption decree is amended or set aside, the clerk of the court shall prepare a report thereof, which shall include such facts as are necessary to identify the original adoption report and the facts amended in the adoption decree as shall be necessary to properly amend the birth record.

(4) Not later than the tenth day after the decree has been entered, the clerk of such court shall forward the report to the department whenever an adoptive birth certificate is to be filed or has already been filed.

Laws 1941, c. 143, § 1, p. 571;

C.S.Supp.,1941, § 43-113;

R.S.1943, § 71-626;

Laws 1945, c. 168, § 1, p. 540;

Laws 1959, c. 323, § 5, p. 1182;

Laws 1961, c. 342, § 1, p. 1093;

Laws 1965, c. 418, § 9, p. 1339;

Laws 1971, LB 246, § 1;

Laws 1980, LB 681, § 2;

Laws 1980, LB 992, § 30;

Laws 1996, LB 1044, § 536;

Laws 1997, LB 307, § 155;

Laws 2007, LB296, § 429.

For proceedings for adoption of children, see Chapter 43, article 1.
Neb. Rev. Stat. § 44-6105 — NE Code / Chapter 44 / Section 44-6105
View Statute 44-6105
Status: reserved

A domestic mutual insurer may convert to a stock insurer by meeting the requirements of the Insurers Demutualization Act. The mutual insurer shall file an application to convert to a stock insurer with the director. The application shall be accompanied by a nonrefundable application fee of one thousand dollars. The application shall include the following at a minimum:

(1) A plan of conversion containing a description of the structure and form of the proposed consideration to the policyholders, the projected range of the number of shares of capital stock to be issued by the new stock insurer or the holding company of such insurer, whether to policyholders, to be sold or reserved for sale to investors by the new stock insurer or the holding company of such insurer, or to a trust established for the exclusive benefit of policyholders for the purpose of effecting the conversion into which shares of the capital stock of the new stock insurer or the holding company of such insurer are placed pending distribution to the policyholders, and such other proposed conditions and provisions as determined by the mutual insurer not to be inconsistent with the act;

(2) A certification that the plan of conversion has been duly adopted by a vote of not less than two-thirds of the members of the board of directors of the mutual insurer;

(3) A certification adopted by not less than two-thirds of the members of the board of directors of the mutual insurer that the plan of conversion is fair and equitable to the policyholders;

(4) Certified copies of the proposed amendments to the articles of incorporation and bylaws to effectuate the conversion;

(5) A form of the proposed notice to be mailed by the mutual insurer to its policyholders as required in section 44-6109 ; and

(6) Any other additional information as the director may reasonably request.

Laws 1993, LB 583, § 45;

Laws 1999, LB 326, § 6.
Neb. Rev. Stat. § 43-1801 — NE Code / Chapter 43 / Section 43-1801
View Statute 43-1801
Status: in_force

As used in sections 43-1801 to 43-1803 , unless the context otherwise requires, grandparent shall mean the biological or adoptive parent of a minor child's biological or adoptive parent. Such term shall not include a biological or adoptive parent of any minor child's biological or adoptive parent whose parental rights have been terminated.

Laws 1986, LB 105, § 1.

Under this section, "context" means the context of the statutory language and not the factual circumstances of an individual's case. As such, persons who acted as grandparents but were not the "biological or adoptive parent of [the] minor child's biological or adoptive parent" have no right to grandparent visitation under the grandparent visitation statutes. Heiden v. Norris, 300 Neb. 171, 912 N.W.2d 758 (2018).

Under this section, "context" means the context of the statutory language and not the factual circumstances of an individual's case. As such, persons who acted as grandparents but were not the "biological or adoptive parent of [the] minor child's biological or adoptive parent" have no right to grandparent visitation under the grandparent visitation statutes. Heiden v. Norris, 300 Neb. 171, 912 N.W.2d 758 (2018).

Although the Nebraska grandparent visitation statutes recognize the interests of the child in the continuation of the grandparent relationship, under Nebraska's grandparent visitation statutes as a whole, the best interests of the child consideration does not deprive the parent of sufficient protection, because visitation will not be awarded where such visitation would adversely interfere with the parent-child relationship. Hamit v. Hamit, 271 Neb. 659, 715 N.W.2d 512 (2006).

Although the Nebraska grandparent visitation statutes recognize the interests of the child in the continuation of the grandparent relationship, under Nebraska's grandparent visitation statutes as a whole, the best interests of the child consideration does not deprive the parent of sufficient protection, because visitation will not be awarded where such visitation would adversely interfere with the parent-child relationship. Hamit v. Hamit, 271 Neb. 659, 715 N.W.2d 512 (2006).

Nebraska's grandparent visitation statutes are not unconstitutional on their face. Hamit v. Hamit, 271 Neb. 659, 715 N.W.2d 512 (2006).

Nebraska's grandparent visitation statutes are not unconstitutional on their face. Hamit v. Hamit, 271 Neb. 659, 715 N.W.2d 512 (2006).

Grandparents' standing is predicated upon their satisfying the statutory definition of "grandparent" at the time they filed their action for grandparent visitation. Dean D. v. Rachel S., 26 Neb. App. 678, 923 N.W.2d 87 (2018).

Grandparents' standing is predicated upon their satisfying the statutory definition of "grandparent" at the time they filed their action for grandparent visitation. Dean D. v. Rachel S., 26 Neb. App. 678, 923 N.W.2d 87 (2018).