FrankGoortani/open-us-law huggingface dataset:
Neb. Rev. Stat. § 44-236 — NE Code / Chapter 44 / Section 44-236
View Statute 44-236
Status: in_force

Upon receipt of the documents described in section 44-234 , the Director of Insurance shall promptly forward by mail to each shareholder of the company a copy of the proposed amendments to the articles of incorporation, a copy of the plan for mutualization or a summary thereof, and a written notice of hearing. The notice of hearing shall contain:

(1) A notification of the time, which shall be at least thirty days from the time of mailing the notice, and place for the hearing of objections to the plan for mutualization; and

(2) A statement that, upon the hearing and due consideration of the proposed plan and amendments to the articles of incorporation, the director may either disapprove the plan, approve the plan as submitted, including the value of the interest of the shareholders in the company as ascertained and stated in the plan, or approve the plan only subject to such modifications as he or she may propose, in which event it shall be returned to the company for approval by the board of directors, and that upon final approval in either event the plan shall, subject to approval by the owners of at least two-thirds of the stock of the company at a regular or special meeting called for the purpose, be placed in effect and the stock of the company retired and canceled and the value ascertained by the director paid to the shareholders all as provided in the plan.

Laws 1953, c. 152, § 4, p. 481;

Laws 1989, LB 92, § 82.
Neb. Rev. Stat. § 30-708 — NE Code / Chapter 30 / Section 30-708
View Statute 30-708
Status: in_force

At any point in a proceeding under sections 30-701 to 30-713 , the court may appoint a guardian ad litem or a visitor.

Laws 2018, LB845, § 8.
Neb. Rev. Stat. § 14-123 — NE Code / Chapter 14 / Section 14-123
View Statute 14-123
Status: in_force

All actions in law or in equity pending in any court in favor of or against any city or village annexed or merged with a city of the metropolitan class as provided in sections 14-117 to 14-125 at the time such annexation or merger takes effect shall be prosecuted by or defended by such city of the metropolitan class. All rights of action existing against any city or village consolidated with such city of the metropolitan class at the time of such consolidation, or accruing thereafter on account of any transaction had with or under any law or ordinance of such city or village, may be prosecuted against such city of the metropolitan class as existing after annexation or merger.

Laws 1921, c. 116, art. I, § 22, p. 414;

C.S.1922, § 3510;

C.S.1929, § 14-123;

R.S.1943, § 14-123;

Laws 2022, LB800, § 30.
Neb. Rev. Stat. § 23-1805 — NE Code / Chapter 23 / Section 23-1805
View Statute 23-1805
Status: in_force

Whoever, being so summoned as a juror, fails or refuses, without good cause, to attend at the time and place required, or, appearing, refuses to act as such juror, or misbehaves while acting as such juror, shall, on complaint of the coroner before the county court, be fined not less than three nor more than twenty dollars.

Laws 1879, § 101, p. 381;

R.S.1913, § 5667;

C.S.1922, § 4997;

C.S.1929, § 26-1506;

R.S.1943, § 23-1805;

Laws 1972, LB 1032, § 113.
Neb. Rev. Stat. § 13-2505 — NE Code / Chapter 13 / Section 13-2505
View Statute 13-2505
Status: in_force

Notwithstanding any restrictions contained in a city charter, any power, privilege, or authority exercised or capable of exercise by a public agency of this state may be exercised and enjoyed jointly with any other public agency of this state and jointly with any public agency of any other state or of the United States to the extent that laws of such other state or of the United States permit such joint exercise or enjoyment. Any agency of state government when acting jointly with any public agency may exercise and enjoy all of the powers, privileges, and authority conferred by the Joint Public Agency Act upon a public agency.

Laws 1999, LB 87, § 5.
Neb. Rev. Stat. § 23-1701.01 — NE Code / Chapter 23 / Section 23-1701.01
View Statute 23-1701.01
Status: in_force

(1) Any candidate for the office of sheriff and any sheriff appointed under subsection (3) of section 23-1701 shall possess a law enforcement officer certificate or diploma issued by the Nebraska Commission on Law Enforcement and Criminal Justice. A standardized letter issued by the director of the Nebraska Law Enforcement Training Center certifying that the candidate or appointee was duly issued such certificate or diploma shall be filed by a candidate with the candidate filing form required by section 32-607 and by an appointee with the contract entered into under section 23-1701 .

(2) Each sheriff shall attend the Sheriff's Certification Course conducted by the Nebraska Law Enforcement Training Center and obtain a certificate awarded by the Nebraska Commission on Law Enforcement and Criminal Justice attesting to satisfactory completion of such course within eight months after taking office unless such sheriff has already been awarded a certificate by the commission attesting to satisfactory completion of such course or unless such sheriff can demonstrate to the Nebraska Police Standards Advisory Council that his or her previous training and education is such that he or she will professionally discharge the duties of the office. Any sheriff in office prior to July 19, 1980, shall not be required to obtain a certificate awarded by the commission attesting to satisfactory completion of the Sheriff's Certification Course but shall otherwise be subject to this section.

(3) Each sheriff shall attend continuing education as provided in section 81-1414.07 each year following the first year of such sheriff's term of office.

(4) Unless a sheriff is able to show good cause for not complying with subsection (2) or (3) of this section or obtains a waiver of the training requirements from the council, any sheriff who violates subsection (2) or (3) of this section shall be punished by a fine equal to such sheriff's monthly salary. Each month in which such violation occurs shall constitute a separate offense.

Laws 1980, LB 628, § 1;

Laws 1994, LB 971, § 2;

Laws 2004, LB 75, § 1;

Laws 2012, LB817, § 1;

Laws 2020, LB924, § 2;

Laws 2021, LB51, § 1;

Laws 2024, LB894, § 2.
Neb. Rev. Stat. § 13-2035 — NE Code / Chapter 13 / Section 13-2035
View Statute 13-2035
Status: in_force

Any applicant who applies to the department for a permit for a facility pursuant to the Integrated Solid Waste Management Act shall be exempt from the siting approval requirements of sections 13-1701 to 13-1714 if a county, municipality, or agency is to be the owner of the facility and the facility is to be located in a county the unincorporated areas of which are among the areas to be served by such facility or the facility is to be located in the county of a municipality to be served by such facility if such facility will not serve unincorporated areas of a county.

The application of such county, municipality, or agency shall show that the applicant:

(1) Has considered the siting, operational, and traffic criteria established by section 13-1703 ;

(2) Has given notice of the proposed siting pursuant to the procedures established by section 13-1704 ;

(3) Has conducted a public hearing regarding the proposed siting preceded by published notice in a newspaper of general circulation in the county or municipality in which the proposed facility is to be located; and

(4) Has submitted a record of such hearing with its application to the department.

Laws 1992, LB 1257, § 35.
Neb. Rev. Stat. § 44-4233 — NE Code / Chapter 44 / Section 44-4233
View Statute 44-4233
Status: in_force

(1) Any member subject to premium and related retaliatory tax liability imposed by section 44-150 or 77-908 may offset assessments paid to the pool by such member against its tax liability in the year of payment or subsequent years. The member may offset such paid assessments against (a) subsequent premium tax prepayments imposed by section 77-918 , (b) subsequent premium tax payments imposed by section 77-908 , and (c) related retaliatory tax liability imposed by section 44-150 . Prior to January 1, 2004, no individual member shall be subject to any liability of the pool in excess of its premium and related retaliatory tax liability which may be offset under this section.

(2) Commencing with assessments imposed or paid in 1991 and for all subsequent years prior to January 1, 2004, whenever it reasonably appears to the satisfaction of the board that a member has during a calendar year paid assessments that exceed that member's premium and related retaliatory tax liability for that calendar year, the board shall, upon request from such member, order the refund to that member of the amount of the assessment that exceeded that member's premium and related retaliatory tax liability. A member's request for a refund shall be filed with the board not later than thirty days after the due date of the member's premium tax return filed with the department. If the refund is not made by the board within thirty days after receipt of the refund request, the member may within thirty days thereafter initiate a suit in district court for the amount claimed. The suit shall be heard by the district court de novo. In the event that an assessment against a member is limited by reason of that member's premium and related retaliatory tax liability, the amount by which the assessment is limited may be assessed against the other members in a manner consistent with the basis for assessments specified in subsection (3) of section 44-4225 .

Laws 1985, LB 391, § 33;

Laws 1986, LB 1114, § 8;

Laws 1987, LB 302, § 7;

Laws 1992, LB 835, § 2;

Laws 1992, LB 1006, § 42;

Laws 1993, LB 10, § 1;

Laws 1995, LB 837, § 1;

Laws 1997, LB 55, § 3;

Laws 1997, LB 862, § 29;

Laws 1999, LB 355, § 6;

Laws 2000, LB 1253, § 32.
Neb. Rev. Stat. § 43-1407 — NE Code / Chapter 43 / Section 43-1407
View Statute 43-1407
Status: in_force

(1) The father of a child shall also be liable for the reasonable expenses of (a) the child that are associated with the birth of the child and (b) the mother of such child during the period of her pregnancy, confinement, and recovery. Such liability shall be determined and enforced in the same manner as the liability of the father for the support of the child.

(2) In cases in which any medical expenses associated with the birth of the child and the mother of such child during the period of her pregnancy, confinement, and recovery are paid by the medical assistance program, the county attorney or authorized attorney, as defined in section 43-1704 , may petition the court for a judgment for all or a portion of the reasonable medical expenses paid by the medical assistance program. Any medical expenses associated with the birth of such child and the mother of such child during the period of her pregnancy, confinement, and recovery that are approved and paid by the medical assistance program shall be presumed to be medically reasonable. If the father challenges any such expenses as not medically reasonable, he has the burden of proving that such expenses were not medically reasonable.

(3) A civil proceeding to recover medical expenses pursuant to this section may be instituted within four years after the child's birth. Summons shall issue and be served as in other civil proceedings, except that such summons may be directed to the sheriff of any county in the state and may be served in any county.

Laws 1941, c. 81, § 7, p. 324;

C.S.Supp.,1941, § 43-707;

R.S.1943, § 13-107;

R.S.1943, (1983), § 13-107;

Laws 2007, LB554, § 43.
Neb. Rev. Stat. § 48-673 — NE Code / Chapter 48 / Section 48-673
View Statute 48-673
Status: in_force

For purposes of sections 48-672 to 48-683 :

(1) Affected unit means a specified plant, department, shift, or other definable unit which includes three or more employees to which an approved short-time compensation plan applies;

(2) Commissioner means the Commissioner of Labor or any delegate or subordinate responsible for approving applications for participation in a short-time compensation plan;

(3) Health and retirement benefits means employer-provided health benefits and retirement benefits under a defined benefit plan, as defined in section 414(j) of the Internal Revenue Code, or contributions under a defined contribution plan, as defined in section 414(i) of the Internal Revenue Code, which are incidents of employment in addition to the cash remuneration earned;

(4) Short-time compensation means the unemployment benefits payable to employees in an affected unit under an approved short-time compensation plan, as distinguished from the unemployment benefits otherwise payable under the Employment Security Law;

(5) Short-time compensation plan means a plan submitted by an employer, for written approval by the commissioner, under which the employer requests the payment of short-time compensation to workers in an affected unit of the employer to avert layoffs;

(6) Unemployment compensation means the unemployment benefits payable under the Employment Security Law other than short-time compensation and includes any amounts payable pursuant to an agreement under any federal law providing for compensation, assistance, or allowances with respect to unemployment; and

(7) Usual weekly hours of work means the usual hours of work for full-time or part-time employees in the affected unit when that unit is operating on its regular basis, not to exceed forty hours and not including hours of overtime work.

Laws 2014, LB961, § 14.
Neb. Rev. Stat. § 38-2519 — NE Code / Chapter 38 / Section 38-2519
View Statute 38-2519
Status: in_force

(1) An applicant applying for a license as an occupational therapy assistant shall show to the satisfaction of the department that he or she:

(a) Has successfully completed the academic requirements of an educational program in occupational therapy recognized by the department and accredited by a nationally recognized medical association or nationally recognized occupational therapy association;

(b) Has successfully completed a period of supervised fieldwork experience at an educational institution approved by the department and where the applicant's academic work was completed or which is part of a training program approved by such educational institution. A minimum of two months of supervised fieldwork experience shall be required for an occupational therapy assistant; and

(c) Has passed an examination as provided in section 38-2520 .

(2) In the case of an applicant who has been trained as an occupational therapy assistant in a foreign country, the applicant shall:

(a) Present documentation of completion of an educational program for occupational therapy assistants that is substantially equivalent to an approved program accredited by the Accreditation Council for Occupational Therapy Education or by an equivalent accrediting agency as determined by the board;

(b) Present proof of proficiency in the English language; and

(c) Have passed an examination as provided in section 38-2520 .

(3) Residency in this state shall not be a requirement of licensure as an occupational therapy assistant. A corporation, partnership, limited liability company, or association shall not be licensed as an occupational therapy assistant pursuant to the Occupational Therapy Practice Act.

Laws 1984, LB 761, § 35;

Laws 1989, LB 344, § 34;

Laws 1993, LB 121, § 453;

Laws 2003, LB 242, § 140;

R.S.1943, (2003), § 71-6107;

Laws 2007, LB463, § 859;

Laws 2018, LB1034, § 41.

Credentialing, general requirements and issuance procedures, see section 38-121 et seq.
Neb. Rev. Stat. § 43-3341 — NE Code / Chapter 43 / Section 43-3341
View Statute 43-3341
Status: in_force

For purposes of sections 43-3341 to 43-3347 :

(1) Business day means a day on which state offices are open for regular business;

(2) Child support has the same meaning as found in section 43-1705 ;

(3) Department means the Department of Health and Human Services;

(4) Medical support has the same meaning as found in section 43-512 ;

(5) Obligee means a person to whom a duty of support is owed pursuant to a support order;

(6) Obligor means a person who owes a duty of support pursuant to a support order;

(7) Normal business hours means 7 a.m. to 6 p.m. Central Time;

(8) Spousal support has the same meaning as found in section 43-1715 ;

(9) State Disbursement Unit means the unit established in section 43-3342 ;

(10) Support has the same meaning as found in section 43-3313 ;

(11) Support order has the same meaning as found in section 43-1717 ; and

(12) Title IV-D Division means the Title IV-D Division of the department which is the single organizational unit of the state that has the responsibility for administering or supervising the administration of the state plan under Title IV-D of the federal Social Security Act.

Laws 1999, LB 637, § 1;

Laws 2000, LB 972, § 28.
Neb. Rev. Stat. § 44-1077 — NE Code / Chapter 44 / Section 44-1077
View Statute 44-1077
Status: in_force

(1) A society shall specify in its laws or rules:

(a) Eligibility standards for each and every class of membership, except that if benefits are provided on the lives of children, the minimum age for adult membership shall be set at not younger than fifteen nor older than twenty-one years of age;

(b) The process for admission to membership for each membership class; and

(c) The rights and privileges of each membership class, except that only benefit members shall have the right to vote on the management of the insurance affairs of the society.

(2) A society may also admit social members who shall have no voice or vote in the management of the insurance affairs of the society.

(3) Membership rights in the society shall be personal to the member and shall not be assignable.

Laws 1985, LB 508, § 6.
Neb. Rev. Stat. § 52-1305 — NE Code / Chapter 52 / Section 52-1305
View Statute 52-1305
Status: in_force

Commission merchant shall mean any person engaged in the business of receiving any farm product for sale, on commission, or for or on behalf of another person.

Laws 1986, Third Spec. Sess., LB 1, § 5.
Neb. Rev. Stat. § 44-4850 — NE Code / Chapter 44 / Section 44-4850
View Statute 44-4850
Status: in_force

(1) If a domiciliary liquidator has not been appointed, the director may apply to the district court of Lancaster County by verified petition for an order directing him or her to act as conservator to conserve the property of an alien insurer not domiciled in this state or a foreign insurer on any one or more of the following grounds:

(a) Any of the grounds in section 44-4812 ;

(b) That any of its property has been sequestered by official action in its domiciliary state or in any other state;

(c) That enough of its property has been sequestered in a foreign country to give reasonable cause to believe that the insurer is or may become insolvent; or

(d)(i) That its certificate of authority to do business in this state has been revoked or that none was ever issued; and

(ii) That there are residents of this state with outstanding claims against or outstanding policies issued by such insurer.

(2) When an order is sought under subsection (1) of this section, the court shall cause the insurer to be given such notice and time to respond thereto as is reasonable under the circumstances.

(3) The court may issue the order in whatever terms it deems appropriate. The filing or recording of the order with the clerk of the district court or the register of deeds of the county in which the principal business of the company is located shall impart the same notice as a deed, bill of sale, or other evidence of title duly filed or recorded with that register of deeds would have imparted.

(4) The conservator may at any time petition for and the court may grant an order under section 44-4851 to liquidate assets of a foreign or alien insurer under conservation or, if appropriate, for an order under section 44-4853 to be appointed ancillary receiver.

(5) The conservator may at any time petition the court for an order terminating conservation of an insurer. If the court finds that the conservation is no longer necessary, it shall order that the insurer be restored to possession of its property and the control of its business. The court may also make such finding and issue such order at any time upon motion of any interested party, but if such motion is denied all costs shall be assessed against such party.

Laws 1989, LB 319, § 50.
Neb. Rev. Stat. § 44-4420 — NE Code / Chapter 44 / Section 44-4420
View Statute 44-4420
Status: in_force

A risk retention group which violates any provision of the Risk Retention Act shall be subject to fines and penalties applicable to licensed insurers generally, including revocation of its license to do business in this state.

Laws 1987, LB 514, § 20.
Neb. Rev. Stat. § 39-1316 — NE Code / Chapter 39 / Section 39-1316
View Statute 39-1316
Status: in_force

The department shall be responsible for the preparation and adoption of plans and specifications for the establishment, construction, and maintenance of the state highway system. Such plans and specifications may be amended, from time to time, as the department deems advisable. Such plans and specifications should conform, as closely as practicable, to those adopted by the American Association of State Highway and Transportation Officials.

Laws 1955, c. 148, § 16, p. 424;

Laws 2021, LB174, § 1.
Neb. Rev. Stat. § 18-3403 — NE Code / Chapter 18 / Section 18-3403
View Statute 18-3403
Status: in_force

For purposes of the Nebraska Municipal Land Bank Act:

(1) Board means the board of directors of a land bank;

(2) Chief executive officer means the mayor, city manager, or chairperson of the board of trustees of a municipality;

(3) Immediate family has the same meaning as in section 49-1425 ;

(4) Land bank means a land bank established in accordance with the act;

(5) Municipality means any city or village of this state; and

(6) Real property means lands, lands under water, structures, and any and all easements, air rights, franchises, and incorporeal hereditaments and every estate and right therein, legal and equitable, including terms for years and liens by way of judgment, mortgage, or otherwise, and any and all fixtures and improvements located thereon.

Laws 2013, LB97, § 3;

R.S.Supp.,2018, § 19-5203;

Laws 2020, LB424, § 3.
Neb. Rev. Stat. § 18-2710.03 — NE Code / Chapter 18 / Section 18-2710.03
View Statute 18-2710.03
Status: in_force

(1) At the time that a qualifying business applies to a city to participate in an economic development program, the qualifying business shall certify the following to the city:

(a) Whether the qualifying business has filed or intends to file an application to receive tax incentives under the Nebraska Advantage Act or the ImagiNE Nebraska Act for the same project for which the qualifying business is seeking financial assistance under the Local Option Municipal Economic Development Act;

(b) Whether such application includes or will include, as one of the tax incentives, a refund of the city's local option sales tax revenue; and

(c) Whether such application has been approved under the Nebraska Advantage Act or the ImagiNE Nebraska Act.

(2) The city may consider the information provided under this section in determining whether to provide financial assistance to the qualifying business under the Local Option Municipal Economic Development Act.

Laws 2016, LB1059, § 8;

Laws 2020, LB1107, § 117.

ImagiNE Nebraska Act, see section 77-6801 .

Nebraska Advantage Act, see section 77-5701 .