FrankGoortani/open-us-law huggingface dataset:
Neb. Rev. Stat. § 43-4710 — NE Code / Chapter 43 / Section 43-4710
View Statute 43-4710
Status: in_force

The department shall document in the report pursuant to subsection (3) of section 43-285 the steps the department is taking to ensure that:

(1) The child’s caregiver is following the reasonable and prudent parent standard;

(2) The child has regular, ongoing opportunities to engage in age or developmentally appropriate activities;

(3) The department has consulted with the child in an age or developmentally appropriate manner about the opportunities of the child to participate in age or developmentally appropriate activities; and

(4) Any barriers to participation in age or developmentally appropriate activities are identified and addressed.

Laws 2016, LB746, § 10.
Neb. Rev. Stat. § 44-424 — NE Code / Chapter 44 / Section 44-424
View Statute 44-424
Status: in_force

Every opinion required by section 44-421 shall be governed by the following provisions:

(1) The opinion shall be submitted with the annual statement reflecting the valuation of such reserve liabilities for each year ending on or after December 31, 1994;

(2) The opinion shall apply to all business in force including individual and group sickness and accident insurance plans, in form and substance acceptable to the director;

(3) The opinion shall be based on standards adopted from time to time by the Actuarial Standards Board and on such additional standards as the director may prescribe;

(4) In the case of an opinion required to be submitted by a foreign or alien company, the director may accept the opinion filed by that company with the insurance supervisory official of another state if the director determines that the opinion reasonably meets the requirements applicable to a domestic company; and

(5) Except in cases of fraud or willful misconduct, the qualified actuary shall not be liable for damages to any person, other than the insurance company and the director, for any act, error, omission, decision, or conduct with respect to the actuary's opinion.

Laws 1994, LB 978, § 11.
Neb. Rev. Stat. § 30-2401 — NE Code / Chapter 30 / Section 30-2401
View Statute 30-2401
Status: in_force

The power of a person to leave property by will, and the rights of creditors, devisees, and heirs to his property are subject to the restrictions and limitations contained in this code to facilitate the prompt settlement of estates. Upon the death of a person, his real and personal property devolves to the persons to whom it is devised by his last will or to those indicated as substitutes for them in cases involving lapse, renunciation, or other circumstances affecting the devolution of testate estate or, in the absence of testamentary disposition, to his heirs, or to those indicated as substitutes for them in cases involving renunciation or other circumstances affecting devolution of intestate estates, subject to homestead allowance, exempt property and family allowance, to rights of creditors, elective share of the surviving spouse, and to administration.

Laws 1974, LB 354, § 79, UPC § 3-101.

In Nebraska, title to both real and personal property passes immediately upon death to the decedent's devisees or heirs, subject to administration, allowances, and a surviving spouse's elective share. In re Estate of Akerson, 309 Neb. 470, 960 N.W.2d 719 (2021).

In Nebraska, title to both real and personal property passes immediately upon death to the decedent's devisees or heirs, subject to administration, allowances, and a surviving spouse's elective share. In re Estate of Akerson, 309 Neb. 470, 960 N.W.2d 719 (2021).

In Nebraska, title to both real and personal property passes immediately upon death to the decedent's devisees or heirs, subject to administration, allowances, and a surviving spouse's elective share. Wilson v. Fieldgrove, 280 Neb. 548, 787 N.W.2d 707 (2010).

In Nebraska, title to both real and personal property passes immediately upon death to the decedent's devisees or heirs, subject to administration, allowances, and a surviving spouse's elective share. Wilson v. Fieldgrove, 280 Neb. 548, 787 N.W.2d 707 (2010).

This section does not create an absolute right in the heir of a deceased person whose estate is being administered to sue to recover property alleged to be a part of the estate, in derogation of those interests to which the potential rights of the heir are subordinate, including the rights of creditors and the orderly administration of the decedent's estate. Beachy v. Becerra, 259 Neb. 299, 609 N.W.2d 648 (2000).

This section does not create an absolute right in the heir of a deceased person whose estate is being administered to sue to recover property alleged to be a part of the estate, in derogation of those interests to which the potential rights of the heir are subordinate, including the rights of creditors and the orderly administration of the decedent's estate. Beachy v. Becerra, 259 Neb. 299, 609 N.W.2d 648 (2000).
Neb. Rev. Stat. § 44-4605 — NE Code / Chapter 44 / Section 44-4605
View Statute 44-4605
Status: in_force

(1) A person shall not establish or operate as a pharmacy benefit manager in this state for a health benefit plan without first obtaining a license from the director under the Pharmacy Benefit Manager Licensure and Regulation Act.

(2) The director may adopt and promulgate rules and regulations establishing the licensing application, financial, and reporting requirements for pharmacy benefit managers under the act.

(3) A person applying for a pharmacy benefit manager license shall submit an application for licensure in the form and manner prescribed by the director.

(4) A person submitting an application for a pharmacy benefit manager license shall include with the application a nonrefundable application fee. The director shall establish the nonrefundable application fee in an amount not to exceed five hundred dollars.

(5) The director may refuse to issue or renew a license if the director determines that the applicant or any individual responsible for the conduct of affairs of the applicant is not competent, trustworthy, financially responsible, or of good personal and business reputation, has been found to have violated the insurance laws of this state or any other jurisdiction, or has had an insurance or other certificate of authority or license denied or revoked for cause by any jurisdiction.

(6)(a) Unless surrendered, suspended, or revoked by the director, a license issued under this section is valid as long as the pharmacy benefit manager continues to do business in this state and remains in compliance with the provisions of the act and any applicable rules and regulations, including the completion of a renewal application on a form prescribed by the director and payment of an annual license renewal fee. The director shall establish the annual license renewal fee in an amount not to exceed two hundred fifty dollars.

(b) Such application and renewal fee shall be received by the director on or before thirty days prior to the anniversary of the effective date of the pharmacy benefit manager's initial or most recent license.

Laws 2022, LB767, § 5.
Neb. Rev. Stat. § 71-223 — NE Code / Chapter 71 / Section 71-223
View Statute 71-223
Status: in_force

The board shall have authority to adopt and promulgate reasonable rules and regulations for the administration of the Barber Act. Any member of the board, its agents, or its assistants shall have authority to enter upon and to inspect any barber shop or barber school at any time during business hours. A copy of the rules and regulations adopted by the board shall be furnished to the owner or manager of each barber shop and barber school, and it shall be posted in a conspicuous place in such barber shop or barber school. The board shall keep a record of proceedings relating to the issuance, refusal, renewal, suspension, and revocation of registrations and licenses and inspections. Such record shall also contain the name, place of business, and residence of each registered barber instructor and licensed barber and the date and number of his or her registration or license.

Laws 1927, c. 163, § 20, p. 435;

R.S.1943, § 71-223;

Laws 1963, c. 409, § 28, p. 1327;

Laws 1993, LB 226, § 9;

Laws 2024, LB1215, § 26.
Neb. Rev. Stat. § 44-2633 — NE Code / Chapter 44 / Section 44-2633
View Statute 44-2633
Status: in_force

The director may revoke, suspend, or place on probation, for such period as he or she may determine, the license of any consultant if, after notice and hearing, he or she determines that the licensee has:

(1) Violated any of the provisions of sections 44-2606 to 44-2635 , any insurance laws, or any lawful rule, regulation, or order of the director or of a director or commissioner of another state or province;

(2) Recommended the purchase of insurance, annuities, or securities from any authorized insurer in which the consultant or any member of his or her immediate family holds an executive position or holds a substantial interest;

(3) Received compensation in any form from any agency or other insurance organization for recommending such agency or organization to the consultant's client;

(4) Knowingly and willfully misrepresented the terms of any actual or proposed insurance contract;

(5) Been found guilty of any unfair trade practice or of fraud;

(6) Been convicted of any felony, or convicted of a Class I, II, or III misdemeanor evidencing that such licensee is not worthy of the public trust;

(7) Had a consultant's license suspended, revoked, or placed on probation in any other state;

(8) Failed to submit to a reexamination for competence or failed to pass such examination;

(9) Demonstrated incompetency, untrustworthiness, or failure to comply with the provisions of his or her insurance consultant's contract; or

(10) Obtained the license through misrepresentation, fraud, or any cause for which issuance could have been refused had it been known to the director at the time of issuance.

Laws 1980, LB 481, § 28;

Laws 1989, LB 92, § 213.
Neb. Rev. Stat. § 32-209 — NE Code / Chapter 32 / Section 32-209
View Statute 32-209
Status: in_force

(1) The election commissioner in counties having a population of more than one hundred thousand inhabitants shall appoint a chief deputy election commissioner in the manner provided in section 32-210 . The chief deputy election commissioner shall be a member of a different political party than the election commissioner, shall be a registered voter in the county and of the party he or she is to represent, and shall be a resident of such county for at least one year.

(2) The chief deputy election commissioner shall hold office until the term of the election commissioner expires.

(3) Before entering upon his or her duties, the chief deputy election commissioner shall take and subscribe an oath in the form provided in section 11-101.01 .

(4) The chief deputy election commissioner shall give bond to the State of Nebraska in the sum of five thousand dollars with security to be approved by the Governor conditioned on the faithful performance of the duties of such office.

(5) The chief deputy election commissioner shall perform duties assigned by the election commissioner. In the absence of the election commissioner, the chief deputy election commissioner shall perform all the duties of the election commissioner consistent with the policies and procedures established by the election commissioner. The chief deputy election commissioner shall also be responsible for carrying out any directions properly made and given by the election commissioner prior to his or her absence.

Laws 1994, LB 76, § 29;

Laws 2001, LB 226, § 2;

Laws 2014, LB946, § 4.

Because the Legislature did not intend election commissioners and chief deputies to be considered county officers, section 32-207 and this section are constitutional in light of article IX, sec. 4, of the Nebraska Constitution. State ex rel. Peterson v. Shively, 310 Neb. 1, 963 N.W.2d 508 (2021).

Because the Legislature did not intend election commissioners and chief deputies to be considered county officers, section 32-207 and this section are constitutional in light of article IX, sec. 4, of the Nebraska Constitution. State ex rel. Peterson v. Shively, 310 Neb. 1, 963 N.W.2d 508 (2021).

Deputy election commissioner is required to be a member of a political party other than the one with which the election commissioner affiliates. State ex rel. Williams v. Moorhead, 96 Neb. 559, 148 N.W. 552 (1914), reversing 95 Neb. 80, 144 N.W. 1055 (1914).

Deputy election commissioner is required to be a member of a political party other than the one with which the election commissioner affiliates. State ex rel. Williams v. Moorhead, 96 Neb. 559, 148 N.W. 552 (1914), reversing 95 Neb. 80, 144 N.W. 1055 (1914).
Neb. Rev. Stat. § 59-1622 — NE Code / Chapter 59 / Section 59-1622
View Statute 59-1622
Status: in_force

Every president, treasurer, general manager, agent, or other person exercising the powers of such office of any corporation, joint-stock company, or other association, who has himself, in its behalf, knowingly violated, united to violate, or consented to the violation of the provisions of section 59-1603 , 59-1604 , or 59-1605 , shall thereafter be personally liable for all debts and obligations of any such corporation, joint-stock company, or other association created while such person holds such office or agency and which were incurred in the furtherance of that violation.

Laws 1974, LB 1028, § 29.
Neb. Rev. Stat. § 13-3005 — NE Code / Chapter 13 / Section 13-3005
View Statute 13-3005
Status: in_force

(1) Except as otherwise provided in a collective-bargaining agreement, Chapter 19, article 18, or Chapter 23, article 17, any city of the first class and all county sheriffs shall adopt rules and regulations governing the removal, suspension with or without pay, or demotion of any peace officer, including the chief of police. Such rules and regulations shall include: (a) Provisions for giving notice and a copy of the written accusation to the peace officer; (b) the peace officer's right to have an attorney or representative retained by the peace officer present with him or her at all hearings or proceedings regarding the written accusation; (c) the right of the peace officer or his or her attorney or representative retained by the peace officer to be heard and present evidence; (d) the right of the peace officer as well as the individual imposing the action or their respective attorneys or representatives to record all hearings or proceedings regarding the written accusation; and (e) a procedure for making application for an appeal. Nothing in this section shall be construed to prevent the preemptory suspension or immediate removal from duty of an officer by the appropriate authority, pending the hearing authorized by this section, in cases of gross misconduct, neglect of duty, or disobedience of orders.

(2) This section does not apply to a peace officer during his or her probationary period.

Laws 2009, LB158, § 8.
Neb. Rev. Stat. § 38-181 — NE Code / Chapter 38 / Section 38-181
View Statute 38-181
Status: in_force

If an applicant for an initial credential to operate a business does not meet all of the requirements for the credential, the department shall deny issuance of the credential. If an applicant for an initial credential to operate a business or a credential holder applying for renewal of the credential to operate a business has committed any of the acts set out in section 38-182 , the department may deny issuance or refuse renewal of the credential or may issue or renew the credential subject to any of the terms imposed under section 38-196 in order to protect the public.

Laws 2007, LB463, § 81.
Neb. Rev. Stat. § 25-2303 — NE Code / Chapter 25 / Section 25-2303
View Statute 25-2303
Status: in_force

In any civil or criminal case in which a party is permitted to proceed in forma pauperis, the court shall direct that the expense of process by publication, if such process is required by the court, be paid by the county in the same manner as other claims are paid.

Laws 1972, LB 1120, § 3;

Laws 1999, LB 689, § 6.
Neb. Rev. Stat. § 37-230 — NE Code / Chapter 37 / Section 37-230
View Statute 37-230
Status: in_force

Game fish means all baitfish, commercial fish, and sport fish.

Laws 1998, LB 922, § 40.
Neb. Rev. Stat. § 28-825 — NE Code / Chapter 28 / Section 28-825
View Statute 28-825
Status: in_force

If the existence of a nuisance is admitted or established in an action as provided for in sections 28-807 to 28-829 , an order of abatement shall be entered as a part of the judgment in the case, which order shall direct the removal from the place of all personal property and contents used in conducting the nuisance, and not already released under authority of the court as provided in section 28-823 , and shall direct the sale of such thereof as belonging to the defendants notified or appearing in the manner provided for the sale of personal property under execution. Such order shall also require the renewal for one year of any bond furnished by the owner of the real property as provided for in sections 28-807 to 28-829 or, if not so furnished, shall continue for one year any closing order issued at the time of the granting of the temporary injunction or, if no such closing order was then issued, shall include an order directing the effectual closing of the place against its use for any illegal purpose unless otherwise released. The owner of any place closed and not released under bond may then appear and obtain such release in the manner and upon fulfilling the requirements provided for in sections 28-807 to 28-829 . The release of the property under this section shall not release it from any judgment, lien, penalty, or liability to which it may be subject. Owners of unsold personal property and contents so seized may appear and claim the same within ten days after such order of abatement is made and prove innocence to the satisfaction of the court of any knowledge of such use thereof and that with reasonable care and diligence they could not have known thereof. Every defendant in the action is presumed to have had knowledge of the general reputation of the place. If such innocence is established, such unsold personal property and contents shall be delivered to the owner, otherwise it shall be sold as provided in this section and all consideration received is recoverable as damages to the county where the nuisance was located.

Laws 1977, LB 38, § 181;

Laws 1978, LB 748, § 14.
Neb. Rev. Stat. § 67-408 — NE Code / Chapter 67 / Section 67-408
View Statute 67-408
Status: in_force

A partnership governed by the Uniform Partnership Act of 1998 is subject to any amendment to or repeal of the act.

Laws 1997, LB 523, § 8.
Neb. Rev. Stat. § 8-381 — NE Code / Chapter 8 / Section 8-381
View Statute 8-381
Status: in_force

If the department finds that a conversion proceeding has been completed in accordance with the requirements of sections 8-378 to 8-380 and any other applicable law and regulations, the department shall issue to the applicant a certificate of conversion, attaching as a part of such certificate a copy of the charter, articles of incorporation, articles of association, or similar instrument. Such conversion shall not become effective until the issuance of the certificate as provided in this section.

Laws 1981, LB 500, § 26.
Neb. Rev. Stat. § 9-239 — NE Code / Chapter 9 / Section 9-239
9-239
Status: in_force

(1) The department shall collect a state tax of three percent on the gross receipts received from the conducting of bingo within the state. The tax shall be remitted to the department. The department shall remit the tax to the State Treasurer for credit to the Charitable Gaming Operations Fund. The tax shall be remitted quarterly, not later than thirty days after the close of the preceding quarter, together with any other reports as may be required by the department.

(2) Unless otherwise provided in the Nebraska Bingo Act, no occupation tax on any receipts derived from the conduct of bingo shall be levied, assessed, or collected from any licensee under the act by any county, township, district, city, village, or other governmental subdivision or body having power to levy, assess, or collect such tax.

Laws 1978, LB 351, § 42;

Laws 1979, LB 164, § 13;

Laws 1983, LB 259, § 29;

Laws 1984, LB 949, § 39;

R.S.Supp.,1984, § 9-165;

Laws 1986, LB 1027, § 40;

Laws 1990, LB 1055, § 4;

Laws 1991, LB 427, § 21;

Laws 1997, LB 99, § 1;

Laws 2007, LB638, § 5.
Neb. Rev. Stat. § 43-147 — NE Code / Chapter 43 / Section 43-147
View Statute 43-147
Status: in_force

The Legislature finds that:

(1) Finding adoptive families for children for whom state assistance is provided pursuant to sections 43-117 to 43-118 and 43-118.02 and assuring the protection of the interests of the children affected during the entire assistance period require special measures when the adoptive parents move to other states or are residents of another state; and

(2) Providing medical and other necessary services for children, with state assistance, is more difficult when the services are provided in other states.

Laws 1985, LB 447, § 1;

Laws 2012, LB1062, § 4.
Neb. Rev. Stat. § 43-1411.01 — NE Code / Chapter 43 / Section 43-1411.01
View Statute 43-1411.01
Status: in_force

(1) An action for paternity or parental support under sections 43-1401 to 43-1418 may be initiated by filing a complaint with the clerk of the district court as provided in section 25-2740 . Such proceeding may be heard by the county court or the district court as provided in section 25-2740 . A paternity determination under sections 43-1411 to 43-1418 may also be decided in a county court or separate juvenile court if the county court or separate juvenile court already has jurisdiction over the child whose paternity is to be determined.

(2) Whenever termination of parental rights is placed in issue in any case arising under sections 43-1401 to 43-1418 , the Nebraska Juvenile Code and the Parenting Act shall apply to such proceedings.

(3) The court may stay the paternity action if there is a pending criminal allegation of sexual assault under section 28-319 or 28-320 or a law in another jurisdiction similar to either section 28-319 or 28-320 against the alleged father with regard to the conception of the child.

Laws 1997, LB 229, § 38;

Laws 1998, LB 1041, § 46;

Laws 2004, LB 1207, § 40;

Laws 2008, LB1014, § 46;

Laws 2013, LB561, § 44;

Laws 2017, LB289, § 20.

Nebraska Juvenile Code, see section 43-2,129 .

Parenting Act, see section 43-2920 .
Neb. Rev. Stat. § 71-2201 — NE Code / Chapter 71 / Section 71-2201
View Statute 71-2201
Status: in_force

There is created a Maternal and Child Health and Public Health Work Fund in the treasury of the State of Nebraska, to be administered by the Department of Health and Human Services for maternal and child health and for public health work, as provided by law. 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 1935, Spec. Sess., c. 29, § 1, p. 178;

C.S.Supp.,1941, § 81-5718;

R.S.1943, § 81-609;

Laws 1969, c. 584, § 72, p. 2388;

Laws 1995, LB 7, § 76;

Laws 1996, LB 1044, § 613;

Laws 2007, LB296, § 530.

Nebraska Capital Expansion Act, see section 72-1269 .

Nebraska State Funds Investment Act, see section 72-1260 .