FrankGoortani/open-us-law huggingface dataset:
Neb. Rev. Stat. § 44-407.25 — NE Code / Chapter 44 / Section 44-407.25
View Statute 44-407.25
Status: in_force

In the case of any plan of life insurance which provides for future premium determination, the amounts of which are to be determined by the insurance company based on then estimates of future experience, or in the case of any plan of life insurance which is of such a nature that minimum values cannot be determined by the methods described in sections 44-407.01 to 44-407.04 , 44-407.08 , 44-407.09 , and 44-407.24 , then:

(a) The Department of Insurance must be satisfied that the benefits provided under the plan are substantially as favorable to policyholders and insureds as the minimum benefits otherwise required by sections 44-407.01 to 44-407.04 , 44-407.08 , 44-407.09 , and 44-407.24 ;

(b) The Department of Insurance must be satisfied that the benefits and the pattern of premiums of that plan are not such as to mislead prospective policyholders or insureds;

(c) The cash surrender values and paid-up nonforfeiture benefits provided by such plan must not be less than the minimum values and benefits required for the plan computed by a method consistent with the principles of the Standard Nonforfeiture Law for Life Insurance, as determined by regulations promulgated by the Department of Insurance;

(d) Notwithstanding any other provision in the laws of this state, any policy, contract, or certificate providing life insurance under any such plan must be affirmatively approved by the Department of Insurance before it can be marketed, issued, delivered, or used in this state.

Laws 1981, LB 355, § 12.
Neb. Rev. Stat. § 71-1128 — NE Code / Chapter 71 / Section 71-1128
View Statute 71-1128
Status: in_force

(1) If at any time it appears that the subject no longer poses a threat of harm to others, any party may file a motion for a review hearing to be held as soon as practicable. The party filing the motion under this subsection shall have the burden of showing by a preponderance of the evidence that the subject no longer poses a threat of harm to others. If it is shown that the subject no longer poses a threat of harm to others, the court shall enter an order dismissing the case and immediately release the subject.

(2) If at any time it appears that (a) the plan submitted under section 71-1124 or 71-1127 is not sufficient to protect society or the subject or (b) the circumstances upon which the plan was based have changed significantly, any party may file a motion, to be granted for good cause shown, for a review hearing to be held as soon as practicable. The party filing the motion under this subsection shall have the burden of showing by clear and convincing evidence that the court-ordered custody and treatment of the subject should be modified or vacated.

(3) Upon the filing of a motion for a review hearing pursuant to this section, the department shall immediately provide notice to the Attorney General and the county attorney who filed a petition under section 71-1117 if the proceeding by which the subject is placed in court-ordered custody included evidence of a sex offense as defined in section 83-174.01 or if any prior proceedings resulting in a civil commitment or court-ordered custody included evidence of a sex offense as defined in section 83-174.01 .

Laws 2005, LB 206, § 28;

Laws 2006, LB 1199, § 54.
Neb. Rev. Stat. § 54-2913 — NE Code / Chapter 54 / Section 54-2913
View Statute 54-2913
Status: in_force

Director means the Director of Agriculture or his or her designee.

Laws 2020, LB344, § 13.
Neb. Rev. Stat. § 52-1302.01 — NE Code / Chapter 52 / Section 52-1302.01
View Statute 52-1302.01
Status: in_force

Approved unique identifier means a number, combination of numbers and letters, or other identifier selected by the Secretary of State using a selection system or method approved by the Secretary of the United States Department of Agriculture.

Laws 2007, LB124, § 60.
Neb. Rev. Stat. § 38-2617 — NE Code / Chapter 71 / Section 38-2617
38-2617
Status: in_force

(1) A licensed optometrist who administers or prescribes pharmaceutical agents for examination or for treatment shall provide the same standard of care to patients as that provided by a physician licensed in this state to practice medicine and surgery utilizing the same pharmaceutical agents for examination or treatment.

(2) An optometrist who dispenses a contact lens containing an ocular pharmaceutical agent which is classified by the federal Food and Drug Administration as a drug shall comply with the rules and regulations of the board relating to packaging, labeling, storage, drug utilization review, and record keeping. The board shall adopt and promulgate rules and regulations relating to packaging, labeling, storage, drug utilization review, and record keeping for such contact lenses.

Laws 1993, LB 429, § 3;

Laws 1998, LB 369, § 8;

R.S.1943, (2003), § 71-1,135.06;

Laws 2007, LB236, § 25;

Laws 2007, LB463, § 890;

Laws 2010, LB849, § 7.
Neb. Rev. Stat. § 43-1407 — NE Code / Chapter 13 / Section 43-1407
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. § 28-935 — NE Code / Chapter 28 / Section 28-935
View Statute 28-935
Status: in_force

(1) A person commits the offense of fraudulently filing a financing statement, lien, or document if the person directly, or through an intermediary, submits for filing or recording in the public record, as defined in section 28-911 :

(a) Any document purporting to create a nonconsensual common-law lien, as defined in section 52-1901 , knowing or having reason to know that the lien is a nonconsensual common-law lien;

(b) A financing statement pursuant to article 9, Uniform Commercial Code, knowing or having reason to know that the financing statement is not based on a bona fide security agreement or was not authorized or authenticated by the alleged debtor identified in the financing statement or an authorized representative of the alleged debtor; or

(c) Any document filed in an attempt to harass an entity, individual, or public official or obstruct a government operation or judicial proceeding, knowing or having reason to know such document contained false information.

(2) Fraudulently filing a financing statement, lien, or document is a Class IV felony.

(3) Lack of belief in the jurisdiction or authority of the state or of the government of the United States is no defense to prosecution under this section.

Laws 2013, LB3, § 2.
Neb. Rev. Stat. § 25-1587.04 — NE Code / Chapter 25 / Section 25-1587.04
View Statute 25-1587.04
Status: in_force

(a) At the time of the filing of the foreign judgment, the judgment creditor or his or her lawyer shall make and file with the clerk of the court an affidavit setting forth the name and last-known post office address of the judgment debtor and the judgment creditor.

(b) Promptly upon the filing of the foreign judgment and the affidavit, the clerk shall mail notice of the filing of the foreign judgment to the judgment debtor at the address given and shall file notice of the mailing on the record. The notice shall include the name and address of the judgment creditor and the judgment creditor's lawyer, if any, in this state. In addition, the judgment creditor may mail a notice of the filing of the judgment to the judgment debtor and may file proof of mailing with the clerk. Lack of mailing notice of filing by the clerk shall not affect the enforcement proceedings if proof of mailing by the judgment creditor has been filed.

Laws 1993, LB 458, § 4;

Laws 2018, LB193, § 29.
Neb. Rev. Stat. § 71-646 — NE Code / Chapter 71 / Section 71-646
View Statute 71-646
Status: in_force

The department shall establish a birth defects registry for the purpose of initiating and conducting investigations of the causes, mortality, methods of prevention, treatment, and cure of birth defects and allied diseases. Any information released from the registry shall be disclosed as Class I, Class II, Class III, or Class IV data as provided in sections 81-663 to 81-675 .

Laws 1972, LB 1203, § 2;

Laws 1993, LB 536, § 64;

Laws 1996, LB 1044, § 547;

Laws 2007, LB296, § 445.
Neb. Rev. Stat. § 44-2909 — NE Code / Chapter 44 / Section 44-2909
View Statute 44-2909
Status: in_force

No association organized under the Nebraska Hospital and Physicians Mutual Insurance Association Act shall transact the business of insurance until:

(1) Its articles and bylaws have been approved by the Director of Insurance and the articles filed as required by section 44-2906 ;

(2) It has filed with the director acceptable evidence that it has and will maintain a minimum surplus aggregating at least five hundred thousand dollars in cash in the investments authorized under the Insurers Investment Act or a letter of credit issued by a Nebraska banking institution in accordance with loan restrictions prescribed by the laws of this state;

(3) All policies, applications, and other forms together with all manuals and rates to be used have been filed and approved as provided in the Property and Casualty Insurance Rate and Form Act;

(4) A certificate of authority has been issued to the association as provided in section 44-303 ; and

(5) It has received at least five applications for policies in a hospital association or at least two hundred applications for policies in a physicians association.

Laws 1976, LB 809, § 9;

Laws 1991, LB 233, § 47;

Laws 1991, LB 237, § 67;

Laws 2000, LB 1119, § 38.

Insurers Investment Act, see section 44-5101 .

Property and Casualty Insurance Rate and Form Act, see section 44-7501 .
Neb. Rev. Stat. § 60-1415.01 — NE Code / Chapter 60 / Section 60-1415.01
View Statute 60-1415.01
Status: in_force

Whenever the board shall believe from evidence satisfactory to it that any person has violated or is violating any provisions of the Motor Vehicle Industry Regulation Act, the board may, in addition to any other remedy, bring an action in the name and on behalf of the State of Nebraska against such person and any other person concerned in or in any way participating in or about to participate in practices or acts in violation of the act to enjoin such person and such other person from continuing the same. In any such action, the board may apply for and on due showing be entitled to have issued the court's subpoena, requiring forthwith the appearance of any defendant and the defendant's agent and employees and the production of documents, books, and records as may appear necessary for the hearing of such petition to testify and give evidence concerning the acts or conduct of practices or things complained of in such application for injunction. In such action an order or judgment may be entered awarding such preliminary or final injunctions as may be proper.

Laws 1971, LB 768, § 18;

Laws 2010, LB816, § 70.
Neb. Rev. Stat. § 44-749 — NE Code / Chapter 44 / Section 44-749
View Statute 44-749
Status: in_force

No sickness and accident insurer shall make or permit any unfair discrimination between individuals of substantially the same hazard in the amount of premium rates charged for any policy or contract of such insurance or in the benefits payable thereunder. This section shall not prohibit different premium rates, different benefits, or different underwriting procedure for individuals insured under group, family expense, franchise, or blanket plans of insurance. This section shall not limit the negotiation of preferred provider policies and contracts under sections 44-4101 to 44-4113 .

Laws 1947, c. 164, § 10, p. 465;

Laws 1984, LB 902, § 16;

Laws 1989, LB 92, § 150;

Laws 1995, LB 473, § 2.

Forbidden discrimination not present where group policy, under which husband, as member, and wife were insured, extended permanent total disability indemnity coverage only to husband; even if present wife would not be able to recover. Simmons v. Continental Cas. Co., 410 F.2d 881 (8th Cir. 1969).

Forbidden discrimination not present where group policy, under which husband, as member, and wife were insured, extended permanent total disability indemnity coverage only to husband; even if present wife would not be able to recover. Simmons v. Continental Cas. Co., 410 F.2d 881 (8th Cir. 1969).
Neb. Rev. Stat. § 9-1006 — NE Code / Chapter 71 / Section 9-1006
9-1006
Status: in_force

The Compulsive Gamblers Assistance Fund is created. The fund shall include revenue transferred from the State Lottery Operation Trust Fund under section 9-812 and the Charitable Gaming Operations Fund under section 9-1,101 and any other revenue received by the division or commission for credit to the fund from any other public or private source, including, but not limited to, appropriations, grants, donations, gifts, devises, bequests, fees, or reimbursements. The commission shall administer the fund for the operation of the Gamblers Assistance Program. The Director of Administrative Services shall draw warrants upon the Compulsive Gamblers Assistance Fund upon the presentation of proper vouchers by the commission. Money from the Compulsive Gamblers Assistance Fund shall be used exclusively for the purpose of providing assistance to agencies, groups, organizations, and individuals that provide education, assistance, and counseling to individuals and families experiencing difficulty as a result of problem gambling, to promote the awareness of problem gamblers assistance programs, and to pay the costs and expenses of the Gamblers Assistance Program, including travel. Any money in the fund available for investment shall be invested by the state investment officer pursuant to the Nebraska Capital Expansion Act and the Nebraska State Funds Investment Act.

Laws 1993, LB 138, § 33;

R.S.Supp.,1994, § 9-804.05;

Laws 1995, LB 275, § 17;

Laws 2000, LB 659, § 3;

Laws 2001, LB 541, § 5;

R.S.Supp.,2002, § 83-162.04;

Laws 2004, LB 1083, § 17;

Laws 2005, LB 551, § 7;

Laws 2008, LB1058, § 2;

Laws 2009, LB189, § 2;

R.S.1943, (2009), § 71-817;

Laws 2013, LB6, § 6.

Nebraska Capital Expansion Act, see section 72-1269 .

Nebraska State Funds Investment Act, see section 72-1260 .
Neb. Rev. Stat. § 37-344 — NE Code / Chapter 37 / Section 37-344
View Statute 37-344
Status: in_force

The commission may permit the use of all or a part of the areas within the state park system by the public and is authorized to adopt, promulgate, and enforce rules and regulations pertaining to the use, care, and administration of the units of such a system.

Laws 1959, c. 436, § 9, p. 1467;

R.S.1943, (1996), § 81-815.29;

Laws 1998, LB 922, § 102.
Neb. Rev. Stat. § 71-3801 — NE Code / Chapter 71 / Section 71-3801
View Statute 71-3801
Status: in_force

Sections 71-3801 to 71-3815 shall be known and may be cited as the Kratom Consumer Protection Act.

Laws 2025, LB230, § 1.
Neb. Rev. Stat. § 14-413 — NE Code / Chapter 14 / Section 14-413
View Statute 14-413
Status: in_force

Any person or persons, jointly or severally aggrieved by any decision of the zoning board of appeals, or any officer, department, board, or bureau of a city of the metropolitan class, may present to the district court a petition, duly verified, setting forth that such decision is illegal, in whole or in part, and specifying the grounds of such illegality. Such petition must be presented to the court within thirty days after the filing of the decision in the office of the zoning board of appeals.

Laws 1925, c. 45, § 8, p. 183;

C.S.1929, § 14-411;

R.S.1943, § 14-413;

Laws 2022, LB800, § 143.

A decision of a zoning board of appeals may be reviewed by a district court, but this section limits the scope of the district court's review to the legality or illegality of the board's decision. Kuhlmann v. City of Omaha, 251 Neb. 176, 556 N.W.2d 15 (1996).

A decision of a zoning board of appeals may be reviewed by a district court, but this section limits the scope of the district court's review to the legality or illegality of the board's decision. Kuhlmann v. City of Omaha, 251 Neb. 176, 556 N.W.2d 15 (1996).

Any person aggrieved by order of zoning board of appeals may file petition in district court setting up the illegality of action of board. Roncka v. Fogarty, 152 Neb. 467, 41 N.W.2d 745 (1950).

Any person aggrieved by order of zoning board of appeals may file petition in district court setting up the illegality of action of board. Roncka v. Fogarty, 152 Neb. 467, 41 N.W.2d 745 (1950).
Neb. Rev. Stat. § 46-1115 — NE Code / Chapter 46 / Section 46-1115
View Statute 46-1115
Status: in_force

Permitholder shall mean the owner or operator of land who applies or authorizes the application of chemicals to such land by means of chemigation. The permitholder shall be the party primarily responsible for any liability arising from chemigation on the property.

Laws 1986, LB 284, § 15.
Neb. Rev. Stat. § 37-331 — NE Code / Chapter 37 / Section 37-331
View Statute 37-331
Status: in_force

The commission is hereby authorized and empowered to exchange land owned by the commission for other lands when the acquisition of the other lands involved in the exchange would, in the opinion of the commission, provide greater utility or value to the commission and materially aid in the promulgation of the basic duties and purposes of the commission. Any such exchange shall be made on the basis of dollar-for-dollar appraised valuation.

Laws 1959, c. 435, § 1, p. 1463;

R.S.1943, (1996), § 81-805.02;

Laws 1998, LB 922, § 89.
Neb. Rev. Stat. § 22-184 — NE Code / Chapter 22 / Section 22-184
View Statute 22-184
Status: in_force

The county of Stanton is bounded as follows: Commencing at the southwest corner of township twenty-one, north, of range one, east; thence east to the southeast corner of township twenty-one, north, of range three, east; thence north to the northeast corner of township twenty-four, north, of range three, east; thence west to the northwest corner of township twenty-four, north, of range one, east; thence south to the place of beginning.

G.S.1873, c. 12, § 50, p. 221;

R.S.1913, § 899;

C.S.1922, § 801;

C.S.1929, § 25-188;

R.S.1943, § 22-184.
Neb. Rev. Stat. § 71-3703 — NE Code / Chapter 71 / Section 71-3703
View Statute 71-3703
Status: in_force

(1) The Brain Injury Oversight Committee is created. The committee shall consist of nine public members and the following directors, or their designees: The Commissioner of Education; the Director of Behavioral Health of the Department of Health and Human Services; and the Director of Public Health of the Department of Health and Human Services. The Governor shall appoint the nine public members which shall include individuals with a brain injury or family members of individuals with a brain injury, a representative of a public or private health-related organization, a representative of a developmental disability advisory or planning group within Nebraska, a representative of service providers for individuals with a brain injury, and a representative of a nonprofit brain injury advocacy organization.

(2) The Governor shall appoint the public members within ninety days after July 15, 2020. The Governor shall designate the initial terms so that three members serve one-year terms, three members serve two-year terms, and three members serve three-year terms. Their successors shall be appointed for four-year terms. Any vacancy shall be filled from the same category for the remainder of the unexpired term. Any member of the committee shall be eligible for reappointment. At least one member of the committee shall be appointed from each congressional district.

(3) The committee shall select a chairperson and such other officers as it deems necessary to perform its functions and shall establish policies to govern its procedures. The committee shall meet at least four times annually, and at any other time as the business of the committee requires, and shall meet at such place as may be established by the chairperson. The public members of the committee shall be reimbursed for their actual and necessary expenses as provided in sections 81-1174 to 81-1177 .

Laws 2019, LB481, § 3.
Neb. Rev. Stat. § 16-1035 — NE Code / Chapter 16 / Section 16-1035
View Statute 16-1035
Status: in_force

Each retirement committee established pursuant to section 16-1034 shall consist of six members of which four members shall be selected by the active paid firefighters excluding firefighters identified in section 16-1039 . Two members shall be designated by the city council. The members who are not participants in such retirement system shall have a general knowledge of retirement plans. Members of the city council, active members of the fire department, and members of the general public may serve on the retirement committee. The committee members shall be appointed to four-year terms. Vacancies shall be filled for the remainder of the term by a person with the same representation as his or her predecessor. Members of the retirement committee shall, subject to approval by the city council, be reimbursed for their actual and necessary expenses incurred in carrying out their duties.

Laws 1983, LB 531, § 16;

Laws 1992, LB 672, § 26;

Laws 2016, LB704, § 208.
Neb. Rev. Stat. § 31-758 — NE Code / Chapter 31 / Section 31-758
View Statute 31-758
Status: in_force

Any person interested in the district, or in the issuance or sale of the bonds, may move to dismiss the petition, or file an answer thereto. The provisions of the code of civil procedure respecting motions and answer to a petition shall be applicable to motions and answer to the petition in such special proceedings. The persons so filing motions and answering the petition shall be the defendants to the special proceedings, and the board of trustees shall be the plaintiff. Every material statement of the petition not specially controverted by the answer must, for the purpose of such special proceedings, be taken as true. Each person failing to answer the petition shall be deemed to admit as true all the material statements of the petition. The rules of pleading and practice provided by the code of civil procedure which are not inconsistent with the provisions of sections 31-727 to 31-762 are applicable to the special proceedings herein provided for.

Laws 1949, c. 78, § 32, p. 208.

Rules of pleading promulgated by Supreme Court, see section 25-801.01 .