FrankGoortani/open-us-law huggingface dataset:
Neb. Rev. Stat. § 38-2920 — NE Code / Chapter 71 / Section 38-2920
38-2920
Status: in_force

The following classes of persons shall not be construed to be engaged in the unauthorized practice of physical therapy:

(1) A member of another profession who is credentialed by the department and who is acting within the scope of practice of his or her profession;

(2) A student in an approved educational program who is performing physical therapy or related services within the scope of such program and under the direct supervision of a physical therapist;

(3) A person practicing physical therapy or as a physical therapist assistant in this state who serves in the armed forces of the United States or the United States Public Health Service or who is employed by the United States Department of Veterans Affairs or other federal agencies, if their practice is limited to that service or employment;

(4) A person credentialed to practice physical therapy or as a physical therapist assistant in another jurisdiction of the United States or in another country who is teaching physical therapy or demonstrating or providing physical therapy or related services in connection with an educational program in this state;

(5) A person credentialed to practice physical therapy in another jurisdiction of the United States or in another country who, by contract or employment, is providing physical therapy or related services in this state to individuals affiliated with established athletic teams, athletic organizations, or performing arts companies while such teams, organizations, or companies are present and temporarily practicing, competing, or performing in this state; or

(6) A person employed by a school district, educational service unit, or other public or private educational institution or entity serving prekindergarten through twelfth grade students who is providing personal assistance services, including mobility and transfer activities, such as assisting with ambulation with and without aids; positioning in adaptive equipment; application of braces; encouraging active range-of-motion exercises; assisting with passive range-of-motion exercises; assisting with transfers with or without mechanical devices; and such other personal assistance services based on individual needs as are suitable to providing an appropriate educational program.

Laws 2006, LB 994, § 138;

R.S.Supp.,2006, § 71-1,382;

Laws 2007, LB463, § 1013.
Neb. Rev. Stat. § 38-311 — NE Code / Chapter 38 / Section 38-311
View Statute 38-311
Status: in_force

(1) The scope of practice for alcohol and drug counseling is the application of general counseling theories and treatment methods adapted to specific addiction theory and research for the express purpose of treating any alcohol or drug abuse, dependence, or disorder. The practice of alcohol and drug counseling consists of the following performance areas which encompass the twelve core functions: Clinical evaluation; treatment planning; counseling; education; documentation; and professional and ethical standards.

(2) The performance area of clinical evaluation consists of screening and assessment of alcohol and drug problems, screening of other presenting problems for which referral may be necessary, and diagnosis of alcohol and drug disorders. Clinical evaluation does not include mental health assessment or treatment. An alcohol and drug counselor shall refer a person with co-occurring mental disorders unless such person is under the care of, or previously assessed or diagnosed by, an appropriate practitioner within a reasonable amount of time.

(3) The performance area of treatment planning consists of case management, including implementing the treatment plan, consulting, and continuing assessment and treatment planning; referral; and client advocacy.

(4) The performance area of counseling consists of individual counseling, group counseling, and family or significant other counseling.

(5) The performance area of education consists of education for clients, family of clients, and the community.

Laws 2004, LB 1083, § 116;

R.S.Supp.,2006, § 71-1,352;

Laws 2007, LB463, § 162.
Neb. Rev. Stat. § 44-2701 — NE Code / Chapter 44 / Section 44-2701
View Statute 44-2701
Status: in_force

The purpose of the Nebraska Life and Health Insurance Guaranty Association Act is to protect resident policyowners, insureds, including certificate holders under group insurance policies or contracts, beneficiaries, annuitants, payees, and assignees of life insurance policies, health insurance policies, annuity contracts, and supplemental contracts of member insurers, subject to certain limitations, against failure in the performance of contractual obligations due to the impairment or insolvency of the member insurer issuing such policies or contracts and to assist in the detection and prevention of insurer insolvencies. To provide this protection, (1) an association of insurers is created to enable the guaranty of payment of benefits and of continuation of coverages, as limited in the act, and (2) members of the association are made subject to assessment to provide funds to carry out the purposes of the act.

Laws 1975, LB 217, § 1;

Laws 1986, LB 593, § 3.

Resident employees, and not a nonresident trustee, are entitled to protection under this section. Unisys Corp. v. Nebraska Life & Health Ins. Guar. Assn., 267 Neb. 158, 673 N.W.2d 15 (2004).

Resident employees, and not a nonresident trustee, are entitled to protection under this section. Unisys Corp. v. Nebraska Life & Health Ins. Guar. Assn., 267 Neb. 158, 673 N.W.2d 15 (2004).
Neb. Rev. Stat. § 19-2302 — NE Code / Chapter 19 / Section 19-2302
View Statute 19-2302
Status: in_force

The proceeds derived from the use of the parking meters or other similar mechanical devices, established pursuant to sections 19-2301 to 19-2304 , shall be placed in the traffic and safety fund and shall be used by such city or village referred to in section 19-2301 (1) for the purpose of the acquisition, establishment, erection, maintenance, and operation of the system, (2) for the purpose of making the system effective, and (3) for the expenses incurred by and throughout such city or village in the regulation and limitation of vehicular parking, traffic relating to parking, traffic safety devices, signs, signals, markings, policing, lights, traffic surveys, and safety programs.

Laws 1955, c. 61, § 2, p. 193;

Laws 2019, LB193, § 139.
Neb. Rev. Stat. § 44-7012 — NE Code / Chapter 44 / Section 44-7012
View Statute 44-7012
Status: in_force

Any health carrier who violates a cease and desist order of the director under section 44-7011 may after notice and hearing and upon order of the director be subject to:

(1) A monetary penalty of not more than thirty thousand dollars for each violation, not to exceed an aggregate penalty of one hundred fifty thousand dollars; and

(2) Suspension or revocation of the health carrier's certificate of authority.

Laws 1998, LB 1162, § 37.
Neb. Rev. Stat. § 23-2003 — NE Code / Chapter 23 / Section 23-2003
View Statute 23-2003
Status: in_force

The proceedings shall be as nearly like those in other actions as the nature of the case admits, excepting where otherwise provided in sections 23-2001 to 23-2009 .

R.S.1866, c. 45, § 3, p. 298;

R.S.1913, § 5700;

C.S.1922, § 5030;

C.S.1929, § 26-1703;

R.S.1943, § 23-2003.
Neb. Rev. Stat. § 2-3608 — NE Code / Chapter 2 / Section 2-3608
View Statute 2-3608
Status: in_force

Delivered or delivery shall mean receiving corn for any use, except for storage, and includes receiving corn for consumption, for utilization, or as a result of sale in the State of Nebraska.

Laws 1996, LB 1336, § 3.
Neb. Rev. Stat. § 70-1317 — NE Code / Chapter 70 / Section 70-1317
View Statute 70-1317
Status: in_force

At all times after receipt of the notice of the dispute, each party shall make available to the other, for inspection and copying, all documents, data, and records with respect to the dispute for the presentation of the matter to the arbitration board. If the parties fail to agree on the production of documents and records, the arbitration board shall determine the matter. The parties may also take depositions with respect to the dispute.

Laws 1979, LB 207, § 17.
Neb. Rev. Stat. § 29-901.06 — NE Code / Chapter 29 / Section 29-901.06
View Statute 29-901.06
Status: in_force

When a bailable defendant appears at any judicial proceeding in which such defendant's bail is being considered, the judge at such proceeding shall inform the defendant of the condition or conditions imposed on his release, the penalties for violating any of the conditions of such release, and any options or alternatives available to such defendant.

Laws 1974, LB 828, § 7.

Court when releasing a defendant on bond need only inform defendant of special or unusual condition of his bail attached thereto and no duty exists to inform the defendant of obvious condition to return to the court as ordered nor inform defendant of possible penalty for failure to appear. State v. King, 214 Neb. 855, 336 N.W.2d 576 (1983).

Court when releasing a defendant on bond need only inform defendant of special or unusual condition of his bail attached thereto and no duty exists to inform the defendant of obvious condition to return to the court as ordered nor inform defendant of possible penalty for failure to appear. State v. King, 214 Neb. 855, 336 N.W.2d 576 (1983).
Neb. Rev. Stat. § 28-368 — NE Code / Chapter 28 / Section 28-368
View Statute 28-368
Status: in_force

Substantial functional impairment shall mean a substantial incapability, because of physical limitations, of living independently or providing self-care as determined through observation, diagnosis, investigation, or evaluation.

Laws 1988, LB 463, § 21.
Neb. Rev. Stat. § 44-786 — NE Code / Chapter 44 / Section 44-786
View Statute 44-786
Status: in_force

On or after July 1, 1996, any entity which offers any individual or group sickness and accident insurance policy, subscriber contract, health maintenance organization contract, or hospital, medical, or surgical expense-incurred policy which is delivered, issued for delivery, or renewed in this state shall include obstetricians/gynecologists as primary care physicians if they otherwise qualify as a primary care physician pursuant to the credentialing or recredentialing standards of that entity and they perform all of the functions of a primary care physician according to the terms and conditions of such entity's primary care physician contract.

Laws 1996, LB 532, § 1.
Neb. Rev. Stat. § 49-1469.05 — NE Code / Chapter 49 / Section 49-1469.05
View Statute 49-1469.05
Status: in_force

(1) An entity specified in subsection (1) of section 49-1469 which establishes and administers a separate segregated political fund:

(a) Shall not make an expenditure to such fund, except that it may make expenditures and provide personal services for the establishment and administration of such separate segregated political fund; and

(b) Shall file the reports required by subsection (2) of section 49-1469 with respect to the expenditures made or personal services provided for the establishment and administration of such fund but need not file such reports for the expenditures made from such fund.

(2) If a corporation makes an expenditure to a separate segregated political fund which is established and administered by an industry, trade, or professional association, limited liability company, or limited liability partnership of which such corporation is a member, such corporation shall not be required to file the reports required by subsection (2) of section 49-1469 .

Laws 2005, LB 242, § 20;

Laws 2013, LB79, § 19.
Neb. Rev. Stat. § 12-1121 — NE Code / Chapter 12 / Section 12-1121
View Statute 12-1121
Status: in_force

No trust created or any interest in such trust shall be invalidated by any existing law or rule against perpetuities, accumulations, or suspension of the power of alienation, and such trust and any interest may continue for such time as may be necessary to accomplish the purposes for which it was created.

Laws 1986, LB 643, § 21.
Neb. Rev. Stat. § 43-4625 — NE Code / Chapter 43 / Section 43-4625
View Statute 43-4625
Status: in_force

At any time after a deploying parent returns from deployment, the deploying parent and the other parent may file with the court an agreement to terminate a temporary order for custodial responsibility issued under sections 43-4613 to 43-4623 . After an agreement has been filed, the court shall issue an order terminating the temporary order effective on the date specified in the agreement. If a date is not specified, the order is effective immediately.

Laws 2015, LB219, § 25.
Neb. Rev. Stat. § 68-991 — NE Code / Chapter 68 / Section 68-991
View Statute 68-991
Status: in_force

A medical provider shall have the authority of a guardian and conservator for the limited purpose of making application for medical assistance on behalf of a person whom the provider is treating if the person is unconscious or otherwise is unable to apply for medical assistance and does not have an existing power of attorney or a court-appointed individual to apply on the person’s behalf.

Laws 2017, LB268, § 13.
Neb. Rev. Stat. § 71-2090 — NE Code / Chapter 71 / Section 71-2090
View Statute 71-2090
Status: in_force

The department may inspect the health care facility at any time during the receivership, and the receiver shall cooperate with the department in any such inspection. All records required by federal or state statutes and regulations shall be kept on the premises of the health care facility and shall be available for inspection and copying by any authorized employee of the department.

Laws 1995, LB 406, § 66.
Neb. Rev. Stat. § 18-306 — NE Code / Chapter 18 / Section 18-306
View Statute 18-306
Status: in_force

It shall be unlawful for any person, partnership, limited liability company, or corporation engaged in furnishing in any city or village in this state artificial light, such as electric light, gas light, or light from oil, to furnish light to any elected or appointed officer in any city or village in which such person, partnership, limited liability company, or corporation is engaged in furnishing such lights, free or for a price less than is charged other customers in such city or village for similar services. Any violation of this section shall be a Class III misdemeanor. Each day any service is furnished or accepted in violation of this section shall be considered as a separate offense and punished accordingly.

Laws 1897, c. 13, § 4, p. 137;

R.S.1913, § 5219;

C.S.1922, § 4420;

C.S.1929, § 18-404;

R.S.1943, § 18-306;

Laws 1982, LB 347, § 3;

Laws 1993, LB 121, § 137;

Laws 2021, LB163, § 6.
Neb. Rev. Stat. § 33-145 — NE Code / Chapter 33 / Section 33-145
View Statute 33-145
Status: in_force

In all actions, motions, and proceedings in the Supreme Court, Court of Appeals, district courts, separate juvenile courts, and county courts, the costs of the parties shall be taxed and entered on the record separately.

R.S.1866, c. 19, § 26, p. 170;

R.S.1913, § 2470;

C.S.1922, §§ 2411, 2412;

C.S.1929, § 33-150;

R.S.1943, § 33-145;

Laws 1991, LB 1, § 4;

Laws 1991, LB 732, § 98.

The requirement of this section is satisfied if a separate itemized statement of the costs appears on the margin of the record. Kissenger v. Staley, 44 Neb. 783, 63 N.W. 55 (1895).

The requirement of this section is satisfied if a separate itemized statement of the costs appears on the margin of the record. Kissenger v. Staley, 44 Neb. 783, 63 N.W. 55 (1895).

It is the duty of the clerk to tax the costs of each party separately, and where all costs have been entered up in one general fee bill, a motion to retax the costs separately is proper. Wallace v. Flierschman, 22 Neb. 203, 34 N.W. 372 (1887).

It is the duty of the clerk to tax the costs of each party separately, and where all costs have been entered up in one general fee bill, a motion to retax the costs separately is proper. Wallace v. Flierschman, 22 Neb. 203, 34 N.W. 372 (1887).

Where the costs of each party have not been taxed separately and a motion to retax costs separately has been filed, the judgment may be reversed, not upon the merits, but only so far as is necessary to correct the error in the taxation of costs. Cooper & Co. v. Hall, 22 Neb. 168, 34 N.W. 349 (1887).

Where the costs of each party have not been taxed separately and a motion to retax costs separately has been filed, the judgment may be reversed, not upon the merits, but only so far as is necessary to correct the error in the taxation of costs. Cooper & Co. v. Hall, 22 Neb. 168, 34 N.W. 349 (1887).
Neb. Rev. Stat. § 52-905 — NE Code / Chapter 52 / Section 52-905
View Statute 52-905
Status: in_force

When a lien created under section 52-901 is satisfied, any financing statement filed to perfect that lien shall be terminated in the manner and form provided in article 9, Uniform Commercial Code.

Laws 1985, LB 606, § 13;

Laws 1988, LB 943, § 8;

Laws 1999, LB 550, § 20;

Laws 2001, LB 54, § 13;

Laws 2014, LB750, § 9.
Neb. Rev. Stat. § 46-1660 — NE Code / Chapter 46 / Section 46-1660
View Statute 46-1660
Status: in_force

(1) Each approval to operate issued by the Chief Water Officer under the Safety of Dams and Reservoirs Act shall contain such terms and conditions as the Chief Water Officer may prescribe.

(2) The Chief Water Officer shall revoke, suspend, or amend any approval to operate whenever it determines that the dam constitutes a danger to life and property.

(3) Before any approval to operate is revoked by the Chief Water Officer, the Chief Water Officer shall hold a public hearing. Written notice of the time and place of the hearing shall be mailed to the owner at least thirty days before the date set for the hearing. Any interested persons may appear at the hearing and present their views and objections to the proposed action.

Laws 2005, LB 335, § 60;

Laws 2025, LB317, § 298.
Neb. Rev. Stat. § 29-1813 — NE Code / Chapter 29 / Section 29-1813
View Statute 29-1813
Status: in_force

If the accused shall plead in abatement that he is not indicted by his true name, he must plead what his true name is, which shall be entered on the minutes of the court, and after such entry the trial and all other proceedings on the indictment shall be had against him by that name, referring also to the name by which he is indicted, in the same manner in all respects as if he had been indicted by his true name.

G.S.1873, c. 58, § 445, p. 822;

R.S.1913, § 9089;

C.S.1922, § 10114;

C.S.1929, § 29-1812;

R.S.1943, § 29-1813.
Neb. Rev. Stat. § 60-162 — NE Code / Chapter 60 / Section 60-162
View Statute 60-162
Status: in_force

(1) The department may adopt and promulgate rules and regulations to insure uniform and orderly operation of the Motor Vehicle Certificate of Title Act, and the county treasurer of each county shall conform to such rules and regulations and proceed at the direction of the department. The department shall also provide the county treasurers with the necessary training for the proper administration of the act.

(2) The department shall receive all instruments relating to vehicles forwarded to it by the county treasurers under the act and shall maintain indices covering the state at large for the instruments so received. These indices shall be by motor number or by an identification number and alphabetically by the owner's name and shall be for the state at large and not for individual counties.

(3) The department shall provide and furnish the forms required by the act, except manufacturers' or importers' certificates.

(4) The county treasurer shall keep on hand a sufficient supply of blank forms which, except certificate of title forms, shall be furnished and distributed without charge to manufacturers, dealers, or other persons residing within the county.

Laws 2005, LB 276, § 62;

Laws 2012, LB801, § 38.
Neb. Rev. Stat. § 29-122 — NE Code / Chapter 29 / Section 29-122
View Statute 29-122
Status: in_force

A person who is intoxicated is criminally responsible for his or her conduct. Intoxication is not a defense to any criminal offense and shall not be taken into consideration in determining the existence of a mental state that is an element of the criminal offense unless the defendant proves, by clear and convincing evidence, that he or she did not (1) know that it was an intoxicating substance when he or she ingested, inhaled, injected, or absorbed the substance causing the intoxication or (2) ingest, inhale, inject, or absorb the intoxicating substance voluntarily.

Laws 2011, LB100, § 1.

The defendant's being "heavily intoxicated" did not preclude her from having the requisite intent to terrorize the victim where the defendant pointed to no evidence that, on the night in question, she did not know she was ingesting alcohol or that she did not voluntarily ingest alcohol. State v. Clark, 315 Neb. 736, 1 N.W.3d 487 (2024).

The defendant's being "heavily intoxicated" did not preclude her from having the requisite intent to terrorize the victim where the defendant pointed to no evidence that, on the night in question, she did not know she was ingesting alcohol or that she did not voluntarily ingest alcohol. State v. Clark, 315 Neb. 736, 1 N.W.3d 487 (2024).

In enacting this section, the Legislature redefined the mental state elements of all subjective criminal offenses in Nebraska to provide for an objective inquiry: whether the State proved circumstances surrounding the offense that would otherwise establish the requisite mental state "but for" the defendant's voluntary intoxication. State v. Esch, 315 Neb. 482, 997 N.W.2d 569 (2023).

In enacting this section, the Legislature redefined the mental state elements of all subjective criminal offenses in Nebraska to provide for an objective inquiry: whether the State proved circumstances surrounding the offense that would otherwise establish the requisite mental state "but for" the defendant's voluntary intoxication. State v. Esch, 315 Neb. 482, 997 N.W.2d 569 (2023).

Voluntary intoxication is not a defense to any criminal offense and shall not be taken into consideration in determining the existence of a mental state that is an element of the criminal offense. State v. Cheloha, 25 Neb. App. 403, 907 N.W.2d 317 (2018).

Voluntary intoxication is not a defense to any criminal offense and shall not be taken into consideration in determining the existence of a mental state that is an element of the criminal offense. State v. Cheloha, 25 Neb. App. 403, 907 N.W.2d 317 (2018).
Neb. Rev. Stat. § 13-803 — NE Code / Chapter 13 / Section 13-803
View Statute 13-803
Status: in_force

For purposes of the Interlocal Cooperation Act:

(1) Joint entity shall mean an entity created by agreement pursuant to section 13-804 ;

(2) Public agency shall mean any county, city, village, school district, or agency of the state government or of the United States, any drainage district, sanitary and improvement district, or other municipal corporation or political subdivision of this state, and any political subdivision of another state;

(3) Public safety services shall mean public services for the protection of persons or property. Public safety services shall include law enforcement, fire protection, and emergency response services; and

(4) State shall mean a state of the United States and the District of Columbia.

Laws 1963, c. 333, § 3, p. 1071;

Laws 1971, LB 874, § 1;

Laws 1975, LB 104, § 9;

R.S.1943, (1983), § 23-2203;

Laws 1991, LB 731, § 3;

Laws 1996, LB 1177, § 15.
Neb. Rev. Stat. § 53-194.04 — NE Code / Chapter 53 / Section 53-194.04
View Statute 53-194.04
Status: in_force

No person, firm, or corporation shall sell or offer for sale any confections or candy that contains more than one-half of one percent alcohol rendered unfit for beverage purposes unless licensed under the Nebraska Liquor Control Act.

Any confections or candy sold in this state that contains more than one-half of one percent alcohol rendered unfit for beverage purposes shall bear a label containing the following statement: Sale of this product to persons under the legal age for purchasing alcoholic liquor is unlawful.

Laws 1988, LB 901, § 4.