FrankGoortani/open-us-law huggingface dataset:
Neb. Rev. Stat. § 44-3524 — NE Code / Chapter 44 / Section 44-3524
View Statute 44-3524
Status: in_force

(1) The director may issue an order instructing a motor vehicle service contract provider to cease and desist from selling or offering for sale motor vehicle service contracts if the director determines that the provider has failed to comply with the Motor Vehicle Service Contract Reimbursement Insurance Act. At the same time the order is issued, the director shall serve notice to the motor vehicle service provider of the reasons for such order and that the motor vehicle service provider may request a hearing in writing within ten business days after receipt of the order. If a hearing is requested, the director shall schedule a hearing within ten business days after receipt of the request. The hearing shall be conducted in accordance with the Administrative Procedure Act. If a hearing is not requested and none is ordered by the director, the order shall remain in effect until modified or vacated by the director.

(2) Upon the failure of a motor vehicle service contract provider to obey a cease and desist order issued by the director, the director may give notice in writing of the failure to the Attorney General who may commence an action against the provider to enjoin the provider from selling or offering for sale motor vehicle service contracts until the provider complies with the act. The district court may issue the injunction.

Laws 1990, LB 1136, § 96;

Laws 2014, LB700, § 15.

Administrative Procedure Act, see section 84-920 .
Neb. Rev. Stat. § 24-1203 — NE Code / Chapter 24 / Section 24-1203
24-1203
Status: in_force

Members of the Judicial Resources Commission shall be reimbursed for expenses as provided in sections 81-1174 to 81-1177 .

Laws 1992, LB 1059, § 9;

R.S.Supp.,1994, § 24-809.03;

Laws 2020, LB381, § 20.
Neb. Rev. Stat. § 25-903 — NE Code / Chapter 25 / Section 25-903
View Statute 25-903
Status: in_force

Parties to a question which might be the subject of a civil action may without action agree upon a case containing the facts upon which the controversy depends, and present a submission of the same to any court which would have jurisdiction if an action had been brought. But it must appear by affidavit that the controversy is real, and the proceedings in good faith, to determine the rights of the parties. The court shall, thereupon, hear and determine the case, and render judgment as if an action were pending.

R.S.1867, Code § 567, p. 493;

R.S.1913, § 7719;

C.S.1922, § 8663;

C.S.1929, § 20-903;

R.S.1943, § 25-903.

For declaratory judgments, see sections 25-21,149 to 25-21,164 .

If interests are adverse, case is not moot, though it is friendly suit. State v. First Catholic Church of Lincoln, 88 Neb. 2, 128 N.W. 657 (1910).

If interests are adverse, case is not moot, though it is friendly suit. State v. First Catholic Church of Lincoln, 88 Neb. 2, 128 N.W. 657 (1910).

It is the duty of Supreme Court to act when controversy is submitted under this section. In re Groff, 21 Neb. 647, 33 N.W. 426 (1887).

It is the duty of Supreme Court to act when controversy is submitted under this section. In re Groff, 21 Neb. 647, 33 N.W. 426 (1887).
Neb. Rev. Stat. § 18-1002 — NE Code / Chapter 18 / Section 18-1002
View Statute 18-1002
Status: in_force

Whenever the Nebraska National Guard and State Guard desire any city or village in this state to acquire at the cost of not to exceed ten thousand dollars to such city or village by condemnation, or otherwise, any lot, piece, or parcel of land within the corporate limits of such city or village for a state armory site, the Adjutant General shall notify the city clerk or village clerk of such city or village in writing to that effect. The city clerk or village clerk shall present the notice to the governing body at its next regular or special meeting. If a majority of the members of the governing body shall favor the acquisition of such lot, piece, or parcel of land, the governing body shall order such acquisition by resolution duly passed and approved and recorded in the minutes. The mayor or chairperson of the village board of trustees, as the case may be, shall designate a committee from the governing body to negotiate with the owner or owners of such real estate for the purchase thereof for the purposes and uses provided in this section. If the committee and the owners are able to agree on the price, value, and title of the land, the committee shall report in writing its agreement with the owners to the governing body. If the agreement is ratified, approved, and confirmed in all things by the governing body by a majority vote of its members, by ordinance upon receipt of a deed properly executed, approved as to form and substance by the city attorney or village attorney in writing, from the owner or owners, as grantors to the city or village, as the case may be, as grantee, such governing body shall direct the issuance through its proper officers of warrants upon the state armory site fund, as authorized by sections 18-1005 and 18-1006 . Such warrants so issued shall be drawn payable to the owner or owners of the land.

Laws 1935, Spec. Sess., c. 10, § 1, p. 70;

Laws 1941, c. 130, § 7, p. 492;

C.S.Supp.,1941, § 18-1801;

R.S.1943, § 18-1002;

Laws 2021, LB163, § 68.
Neb. Rev. Stat. § 44-1713 — NE Code / Chapter 44 / Section 44-1713
View Statute 44-1713
Status: in_force

Whenever the director finds, after due notice and hearing, that there has been a violation of any of the provisions of sections 44-1701 to 44-1713 or of any rules or regulations adopted and promulgated pursuant thereto, he or she may revoke or suspend the license or certificate of authority of the person or insurer guilty of such violation or make such other order or directive as he or she may deem adequate and appropriate to secure compliance with sections 44-1701 to 44-1713 or of any rules or regulations adopted and promulgated pursuant thereto. Any action taken by the director pursuant to the provisions of this section shall not preclude such criminal prosecutions as may be otherwise provided by law. An appeal from the decision of the director may be taken, and the appeal shall be in accordance with the Administrative Procedure Act.

Laws 1959, c. 214, § 13, p. 743;

Laws 1969, c. 359, § 31, p. 1281;

Laws 1988, LB 352, § 62.

Administrative Procedure Act, see section 84-920 .
Neb. Rev. Stat. § 43-146.02 — NE Code / Chapter 43 / Section 43-146.02
View Statute 43-146.02
Status: in_force

A child placement agency, the department, or a private agency handling the adoption, as the case may be, shall maintain and shall provide to the adopting parents upon placement of the person with such parents and to the adopted person, upon his or her request, the available medical history of the person placed for adoption and of the biological parents. The medical history shall not include the names of the biological parents of the adopted person or any other identifying information.

Laws 1988, LB 372, § 7;

Laws 1997, LB 307, § 44;

Laws 2007, LB296, § 92.
Neb. Rev. Stat. § 44-4702 — NE Code / Chapter 44 / Section 44-4702
View Statute 44-4702
Status: in_force

For purposes of the Prepaid Limited Health Service Organization Act:

(1) Director shall mean the Director of Insurance;

(2) Enrollee shall mean an individual, including dependents, who is entitled to limited health services pursuant to a contract with an entity authorized to provide or arrange for such services under the act;

(3) Evidence of coverage shall mean any certificate, agreement, or contract issued pursuant to section 44-4709 setting forth the coverage to which an enrollee is entitled;

(4) Limited health services shall mean dental care services, vision care services, mental health services, substance abuse services, pharmaceutical services, podiatric care services, and such other services as may be determined by the director to be limited health services. Limited health services shall not include hospital, medical, surgical, or emergency services except as such services are provided incident to the limited health services set forth in this subdivision;

(5) Prepaid limited health service organization shall mean any corporation, partnership, limited liability company, or other entity which, in return for a prepayment, undertakes to provide or arrange for the provision of one or more limited health services to enrollees. Prepaid limited health service organization shall not include (a) an entity otherwise authorized pursuant to the laws of this state either to provide any limited health service on a prepayment or other basis or to indemnify for any limited health service, (b) an entity that meets the requirements of section 44-4707 , or (c) a provider or entity when providing or arranging for the provision of limited health services pursuant to a contract with a prepaid limited health service organization or with an entity described in subdivision (5)(a) or (b) of this section;

(6) Provider shall mean any physician, dentist, health facility, or other person or institution which is duly licensed or otherwise authorized to deliver or furnish limited health services; and

(7) Subscriber shall mean the person whose employment or other status, except for family dependency, is the basis for entitlement to limited health services pursuant to a contract with an entity authorized to provide or arrange for such services under the act.

Laws 1989, LB 320, § 2;

Laws 1993, LB 121, § 254.
Neb. Rev. Stat. § 38-708 — NE Code / Chapter 38 / Section 38-708
View Statute 38-708
Status: in_force

(1) The department may, with the approval of the board, grant a temporary license in the practice of anesthesia for up to one hundred twenty days upon application (a) to graduates of an accredited school of nurse anesthesia pending results of the first certifying examination following graduation and (b) to registered nurse anesthetists currently licensed in another state pending completion of the application for a Nebraska license. A temporary license issued pursuant to this subsection may be extended at the discretion of the board with the approval of the department.

(2) An applicant for a license to practice as a certified registered nurse anesthetist who is a military spouse may apply for a temporary license as provided in section 38-129.01 .

Laws 1981, LB 379, § 28;

Laws 1984, LB 724, § 30;

Laws 1992, LB 1019, § 75;

Laws 1996, LB 414, § 45;

Laws 1999, LB 828, § 156;

Laws 2005, LB 256, § 79;

R.S.Supp.,2006, § 71-1731;

Laws 2007, LB185, § 16;

Laws 2007, LB463, § 238;

Laws 2017, LB88, § 41.
Neb. Rev. Stat. § 43-2637 — NE Code / Chapter 43 / Section 43-2637
View Statute 43-2637
Status: in_force

(1) The Child Care Capacity Building and Workforce Cash Fund is created. The department shall administer the fund for purposes of the Child Care Capacity Building and Workforce Act. The fund may consist of transfers authorized by the Legislature and any gifts, grants, bequests, or donations to the fund.

(2) 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 2024, LB164, § 41.

Nebraska Capital Expansion Act, see section 72-1269 .

Nebraska State Funds Investment Act, see section 72-1260 .
Neb. Rev. Stat. § 53-138 — NE Code / Chapter 53 / Section 53-138
View Statute 53-138
Status: in_force

(1) The commission may issue a license to a person to operate a pedal-pub vehicle in this state. Each pedal-pub vehicle license shall expire on April 30 of each year. Each license shall be good throughout this state as a state license. Only one license shall be required for all pedal-pub vehicles operated in this state by the same owner. Each owner shall keep a duplicate of such license posted in each pedal-pub vehicle where alcoholic liquor is sold or consumed. No further license shall be required or tax levied by any county, city, or village for the privilege of operating a pedal-pub vehicle for the purpose of selling and allowing the consumption of alcoholic liquor while on or in a pedal-pub vehicle.

(2) The holder of a pedal-pub vehicle license may sell alcoholic liquor in individual drinks to customers who are twenty-one years of age or older to consume while they are on or in the pedal-pub vehicle and may allow such customers to consume alcoholic liquor not purchased from the licensee while the customers are on or in the pedal-pub vehicle. The licensee shall serve alcoholic liquor in opaque plastic containers that prominently display the licensee's trade name or logo or some other mark that is unique to the licensee under the licensee's pedal-pub vehicle license and shall require the use of such containers for the consumption of alcoholic liquor not purchased from the licensee.

(3) No customer shall take any open container of alcoholic liquor from the pedal-pub vehicle or consume the alcoholic liquor after leaving the pedal-pub vehicle. A customer may take unopened containers of alcoholic liquor not purchased from the licensee from the pedal-pub vehicle.

(4) The licensee shall not allow open containers of alcoholic liquor to leave the pedal-pub vehicle. The licensee shall be responsible for picking up and disposing of any litter or other waste or any personal property that originates from the pedal-pub vehicle and lands on public or private property.

Laws 2015, LB330, § 15.
Neb. Rev. Stat. § 24-337.04 — NE Code / Chapter 24 / Section 24-337.04
View Statute 24-337.04
Status: in_force

A clerk of the district court elected after 2008 need not be a resident of the county when he or she files for election as clerk of the district court, but a clerk of the district court shall reside in a county for which he or she holds office.

Laws 2009, LB7, § 1.
Neb. Rev. Stat. § 46-228 — NE Code / Chapter 46 / Section 46-228
View Statute 46-228
Status: in_force

The standard of measurement for flowing water, both for determining the flow of water in natural streams and for the purpose of distributing it therefrom when appropriations have been made for direct flow, shall be one cubic foot per second of time. The standard of measurement of the volume of water shall be one acre-foot, equivalent to forty-three thousand five hundred sixty cubic feet, and when water is stored in any natural or artificial reservoir, this standard shall be used for determining the capacity of storage reservoirs, the amount stored, and the amount used therefrom, except that for public water supplier appropriations, the standard of measurement may be in terms of gallons.

Laws 1919, c. 190, tit. VII, art. V, div. 2, § 21, p. 843;

C.S.1922, § 8440;

C.S.1929, § 81-6321;

R.S.1943, § 46-228;

Laws 1993, LB 301, § 2.
Neb. Rev. Stat. § 68-1209 — NE Code / Chapter 68 / Section 68-1209
View Statute 68-1209
Status: in_force

Information regarding applicants for or recipients of social services shall be safeguarded and shall be used only for purposes connected with the administration of social services.

Laws 1973, LB 511, § 9.
Neb. Rev. Stat. § 51-201.06 — NE Code / Chapter 51 / Section 51-201.06
View Statute 51-201.06
Status: transferred

If a city, village, or township library merges with a county library under sections 51-201 to 51-219 , (1) all assets shall be transferred to the county library, (2) all employees of the city, village, or township library shall be transferred to the county and shall receive at least the same or comparable salaries, sick leave, vacation leave, health benefits, retirement benefits, and other benefits as provided by the city, village, or township, and (3) a plan shall be established for the repayment of any bonded indebtedness or other debt of the city, village, or township existing at the time of the merger, including, but not limited to, the payment of the debt, the establishment of a sinking fund, and the issuance of bonds by the county. The city council, village board, or township board and the county board shall enter into a merger agreement consistent with this section setting the date for the merger to take effect which shall not be more than one year after an election or after the notification to the county board under section 51-201.05 . If the parties cannot agree within one year after the election or notification, any party may bring an action in the district court and the district court shall determine the conditions of the transfer of assets and employees and the plan for payment of indebtedness.

Laws 1997, LB 250, § 14.
Neb. Rev. Stat. § 23-2308 — NE Code / Chapter 23 / Section 23-2308
View Statute 23-2308
Status: in_force

(1) The County Employees Retirement Fund is created. The fund shall be administered by the board and shall consist of contributions and other such sums as provided in section 23-2302 . 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.

(2) The county clerk shall pay to the board or an entity designated by the board an amount equal to two hundred fifty percent of the amounts deducted from the compensation of employees in accordance with the provisions of section 23-2307 , which two hundred fifty percent equals the employees' contributions plus the county's contributions of one hundred fifty percent of the employees' contributions.

(3) The board may charge the county an administrative processing fee of twenty-five dollars if the reports of necessary information or payments made pursuant to this section are received later than the date on which the board requires that such information or money should be received. In addition, the board may charge the county a late fee of thirty-eight thousandths of one percent of the amount required to be submitted pursuant to this section for each day such amount has not been received or in an amount equal to the amount of any costs incurred by the member due to the late receipt of contributions, whichever is greater. The late fee may be used to make a member's account whole for any costs that may have been incurred by the member due to the late receipt of contributions.

(4) The Department of Administrative Services may, for accounting purposes, create subfunds of the County Employees Retirement Fund to separately account for defined contribution plan assets and cash balance plan assets.

Laws 1965, c. 94, § 8, p. 405;

Laws 1981, LB 459, § 2;

Laws 1991, LB 549, § 5;

Laws 1992, LB 1057, § 2;

Laws 1993, LB 417, § 2;

Laws 1998, LB 1191, § 25;

Laws 2002, LB 407, § 3;

Laws 2005, LB 364, § 1;

Laws 2011, LB509, § 5;

Laws 2012, LB916, § 5.

Nebraska Capital Expansion Act, see section 72-1269 .

Nebraska State Funds Investment Act, see section 72-1260 .
Neb. Rev. Stat. § 13-1702 — NE Code / Chapter 13 / Section 13-1702
View Statute 13-1702
Status: in_force

Prior to submitting an application to the department for a solid waste disposal area or solid waste processing facility, the applicant shall submit a request for siting approval to the city council, village board of trustees, or county board of commissioners or supervisors which governs the city, village, or county in which the proposed site is to be located. The city council, village board, or county board shall approve or disapprove the site for each solid waste disposal area or solid waste processing facility.

Laws 1991, LB 813, § 2.
Neb. Rev. Stat. § 30-703 — NE Code / Chapter 30 / Section 30-703
View Statute 30-703
Status: in_force

(1) If a family member petitioner is being denied visitation with a resident, the family member petitioner may petition the county court to compel visitation with the resident. If a guardian has been appointed for the resident under the jurisdiction of a county court, the petition shall be filed in the county court having such jurisdiction. If there is no such guardianship, the petition shall be filed in the county court for the county in which the resident resides. The court may not issue an order compelling visitation if the court finds any of the following:

(a) The resident, while having the capacity to evaluate and communicate decisions regarding visitation, expresses a desire to not have visitation with the family member petitioner; or

(b) Visitation between the family member petitioner and the resident is not in the best interests of the resident.

(2) In determining whether visitation between the family member petitioner and the resident has been arbitrarily denied, the court may consider factors including, but not limited to:

(a) The nature of relationship of the family member petitioner and the resident;

(b) The place where visitation rights will be exercised;

(c) The frequency and duration of the visits;

(d) The likely effect of visitation on the resident; and

(e) The likelihood of onerously disrupting established lifestyle of the resident.

Laws 2018, LB845, § 3.
Neb. Rev. Stat. § 40-113 — NE Code / Chapter 40 / Section 40-113
View Statute 40-113
Status: in_force

The money paid to the claimant is entitled, for the period of six months thereafter, to the same protection against legal process and the voluntary disposition of the claimant which the law gives to the homestead.

Laws 1879, § 13, p. 60;

R.S.1913, § 3088;

C.S.1922, § 2828;

C.S.1929, § 40-113;

R.S.1943, § 40-113.

Sheriff's deed on execution sale of homestead passes title to purchaser, where homestead interest is extinguished by mortgage thereof. Hess v. Eselin, 110 Neb. 590, 194 N.W. 469 (1923).

Sheriff's deed on execution sale of homestead passes title to purchaser, where homestead interest is extinguished by mortgage thereof. Hess v. Eselin, 110 Neb. 590, 194 N.W. 469 (1923).
Neb. Rev. Stat. § 44-1078 — NE Code / Chapter 44 / Section 44-1078
View Statute 44-1078
Status: in_force

(1) The principal office of any domestic society shall be located in this state. The meetings of its supreme governing body may be held in any state, district, province, or territory wherein such society has at least one subordinate lodge, or in such other location as determined by the supreme governing body, and all business transacted at such meetings shall be as valid in all respects as if such meetings were held in this state. The minutes of the proceedings of the supreme governing body and of the board of directors shall be in the English language.

(2)(a) A society may provide in its laws for an official publication in which any notice, report, or statement required by law to be given to members, including notice of election, may be published. Such required reports, notices, and statements shall be printed conspicuously in the publication. If the records of a society show that two or more members have the same mailing address, an official publication mailed to one member shall be deemed to be mailed to all members at the same address unless a member requests a separate copy.

(b) Not later than June 1 of each year, a synopsis of the society's annual statement providing an explanation of the facts concerning the condition of the society shall be printed and mailed to each benefit member of the society or, in lieu thereof, such synopsis may be published in the society's official publication.

(3) A society may provide in its laws or rules for grievance or complaint procedures for members.

Laws 1985, LB 508, § 7.