FrankGoortani/open-us-law huggingface dataset:
Neb. Rev. Stat. § 38-2215 — NE Code / Chapter 71 / Section 38-2215
38-2215
Status: in_force

(1) The department shall appoint an executive director who is a registered nurse currently licensed in this state and who has a graduate degree in nursing. The executive director shall have a minimum of five years' experience within the last ten years in the areas of administration, teaching, or consultation in the field of nursing. The salary of the executive director shall be fixed by the department and be competitive with salaries for similar positions of responsibility which require similar education and experience. The executive director shall not be a member of the board. The executive director shall be administrator of the Nurse Licensure Compact. As administrator, the executive director shall give notice of withdrawal to the executive heads of all other party states within thirty days after the effective date of any statute repealing the compact enacted by the Legislature pursuant to Article X of the compact. The executive director serving on December 1, 2008, may continue serving until replaced by the department pursuant to this section.

(2) The department shall appoint a practice consultant and an education consultant, each of whom is a registered nurse currently licensed in this state and has a minimum of five years' experience. On and after January 1, 1995, any person newly appointed to these positions shall also have a graduate degree in nursing. The salaries for these positions shall be fixed by the department and be competitive with salaries for similar positions of responsibility which require similar education. The nursing education consultant and nursing practice consultant shall not be members of the board.

(3) The department shall appoint one or more nurse investigators to conduct investigations of violations of the Nurse Practice Act. Each nurse investigator shall be a registered nurse currently licensed in this state and have a minimum of five years' experience in nursing practice. The nurse investigators shall not be members of the board.

Laws 1995, LB 563, § 10;

Laws 2000, LB 523, § 8;

R.S.1943, (2003), § 71-1,132.31;

Laws 2007, LB463, § 771.

Nurse Licensure Compact, see sections 71-1795 to 71-1795.02 .
Neb. Rev. Stat. § 38-1713 — NE Code / Chapter 38 / Section 38-1713
View Statute 38-1713
Status: in_force

The department shall establish and collect fees for credentialing under the Massage Therapy Practice Act as provided in sections 38-151 to 38-157 .

Laws 2007, LB463, § 620.
Neb. Rev. Stat. § 18-2104 — NE Code / Chapter 14 / Section 18-2104
18-2104
Status: in_force

The governing body of a city, to the greatest extent it deems to be feasible in carrying out the provisions of the Community Development Law, shall afford maximum opportunity, consistent with the sound needs of the city as a whole, to the rehabilitation or redevelopment of the community redevelopment area by private enterprises. The governing body of a city shall give consideration to this objective in exercising its powers under the Community Development Law, including the formulation of a workable program, the approval of community redevelopment plans consistent with the general plan for the development of the city, the exercise of its zoning powers, the enforcement of other laws, codes, and regulations, relating to the use of land and the use and occupancy of buildings and improvements, the disposition of any property acquired, and the providing of necessary public improvements.

Laws 1951, c. 224, § 4(1), p. 800;

R.R.S.1943, § 14-1604;

Laws 1957, c. 52, § 5, p. 252;

Laws 1961, c. 61, § 4, p. 230;

R.R.S.1943, § 19-2604;

Laws 2018, LB874, § 8.
Neb. Rev. Stat. § 30-4310 — NE Code / Chapter 30 / Section 30-4310
View Statute 30-4310
Status: in_force

(UDTA 10) (a) Subject to section 30-4311 , a trustee shall provide information to a trust director to the extent the information is reasonably related both to:

(1) the powers or duties of the trustee; and

(2) the powers or duties of the director.

(b) Subject to section 30-4311 , a trust director shall provide information to a trustee or another trust director to the extent the information is reasonably related both to:

(1) the powers or duties of the director; and

(2) the powers or duties of the trustee or other director.

(c) A trustee that acts in reliance on information provided by a trust director is not liable for a breach of trust to the extent the breach resulted from the reliance, unless by so acting the trustee engages in willful misconduct.

(d) A trust director that acts in reliance on information provided by a trustee or another trust director is not liable for a breach of trust to the extent the breach resulted from the reliance, unless by so acting the trust director engages in willful misconduct.

Laws 2019, LB536, § 10.
Neb. Rev. Stat. § 23-398 — NE Code / Chapter 23 / Section 23-398
View Statute 23-398
Status: in_force

In any county which has issued bonds pursuant to section 23-397 , the county board shall levy annually upon all the taxable property in such county a tax sufficient to pay the interest and principal of such bonds as the same fall due.

Laws 1982, LB 492, § 2.
Neb. Rev. Stat. § 8-229 — NE Code / Chapter 8 / Section 8-229
View Statute 8-229
Status: in_force

When the merger or consolidation becomes effective, the owner of shares of a state trust company which were voted against a merger or consolidation with a national bank shall be entitled to receive the value of the stock in cash from the assets of the state trust company when the merger or consolidation becomes effective, upon written demand made to the resulting national bank and trust company at any time within thirty days after the effective date of the merger or consolidation, accompanied by the surrender of the stock certificates. The value of the shares shall be determined as of the date of the shareholders' meeting approving the merger or consolidation, by three appraisers, one to be selected by the owners of two-thirds of the shares voting against the merger or consolidation, one by the board of directors of the resulting national bank and trust company, and the third by the two so chosen. If the appraisal is not completed within sixty days after the merger or consolidation becomes effective, the Department of Banking and Finance may cause an appraisal to be made and the resulting appraisal shall then govern. The expenses of the appraisal caused to be made by the department shall be paid by the resulting national bank and trust company.

Laws 1959, c. 20, § 3, p. 146;

Laws 1993, LB 81, § 45.
Neb. Rev. Stat. § 70-1329 — NE Code / Chapter 70 / Section 70-1329
View Statute 70-1329
Status: in_force

If a purchaser fails or refuses to make payment to the supplier as required by sections 70-1301 to 70-1329 , the supplier may, after a charge remains unpaid thirty days after the due date, file suit in the district court in which the supplier or purchaser resides for a writ of mandamus to compel payment of the disputed amount, plus interest, pursuant to sections 70-1301 to 70-1329 . If the court issues a writ of mandamus and the purchaser gives the written notice of disputed issues as required by section 70-1304 the matter shall proceed to arbitration as provided by sections 70-1301 to 70-1329 . If the court declines to issue a writ of mandamus, it shall nevertheless retain jurisdiction of the matter for the purpose of determining the amount due to the supplier.

Laws 1979, LB 207, § 29.
Neb. Rev. Stat. § 44-7602 — NE Code / Chapter 44 / Section 44-7602
View Statute 44-7602
Status: in_force

(1) The Legislature finds and declares that the United States Congress recognized multiple employer welfare arrangements as vehicles for offering traditional accident and health benefit programs through the Employee Retirement Income Security Act of 1974. Multiple employer welfare arrangements may be subject to state regulatory and fiscal standards not inconsistent with the federal act if the multiple employer welfare arrangement offers health benefit plans that are not fully insured. The provisions of the Multiple Employer Welfare Arrangement Act are consistent with and authorized by the federal act, which confers upon the states authority to regulate multiple employer welfare arrangements.

(2) It is the intent of the Legislature:

(a) To promote the legitimacy and the financial integrity of health benefit plans that are not fully insured by requiring multiple employer welfare arrangements offering such plans to obtain a certificate of registration from the director;

(b) That the Multiple Employer Welfare Arrangement Act not apply to fully insured health benefit plans offered by multiple employer welfare arrangements;

(c) That the act shall be construed to mean that multiple employer welfare arrangements are not insurers for purposes of the insurance laws of this state; and

(d) That the insurance laws of this state not apply to health benefit plans offered by multiple employer welfare arrangements except as specifically set forth in the act.

Laws 2002, LB 1139, § 2.
Neb. Rev. Stat. § 12-529 — NE Code / Chapter 12 / Section 12-529
View Statute 12-529
Status: in_force

The provisions of sections 12-521 to 12-529 shall apply only to such cemetery associations, and to the real estate and property thereof, as the court shall find should be prohibited from further using any of its real estate as a place to bury the dead, and where the court shall find that a portion of its real estate may be sold without detriment to or impairing the usefulness of that portion of its grounds actually occupied by graves of persons theretofore buried therein by permission or authority of such association, and where the court shall also find that it is for the best interest of the persons interested in said association and cemetery and the public, that such portion should be sold and the proceeds of such sale turned over and transferred in trust to some other like association, having a place of burial for the dead in actual use in the same vicinity, or used for the establishment of a new cemetery in the same vicinity.

Laws 1907, c. 27, § 9, p. 150;

R.S.1913, § 696;

C.S.1922, § 605;

C.S.1929, § 13-518;

R.S.1943, § 12-529.
Neb. Rev. Stat. § 17-601.03 — NE Code / Chapter 17 / Section 17-601.03
View Statute 17-601.03
Status: in_force

The provisions of sections 17-601.01 to 17-601.03 shall not preclude in any manner any person from filing for the offices to which such sections are applicable, either by direct filing or by petition.

Laws 1971, LB 432, § 3.
Neb. Rev. Stat. § 15-824 — NE Code / Chapter 15 / Section 15-824
View Statute 15-824
Status: in_force

Irregularities in making assessments and returns thereof, in the equalization of assessments, and in the mode and manner of advertising the sale of any property shall not invalidate or affect the sale thereof when advertised and sold for delinquent city taxes and special assessments in a city of the primary class as provided by law, nor shall the sale of any real estate or any such tax or assessment be invalid on account of such real estate having been listed in the name of any other person than that of the rightful owner.

Laws 1901, c. 16, § 92, p. 104;

R.S.1913, § 4568;

C.S.1922, § 3955;

C.S.1929, § 15-827;

R.S.1943, § 15-824;

Laws 2020, LB1003, § 145.
Neb. Rev. Stat. § 38-903 — NE Code / Chapter 71 / Section 38-903
38-903
Status: in_force

Approved certifying body means a national certification organization which (1) is approved by the board, (2) certifies qualified licensed registered nurses for advanced practice, (3) has eligibility requirements related to education and practice, and (4) offers an examination in an area of practice which meets psychometric guidelines and tests approved by the board.

Laws 2005, LB 256, § 2;

R.S.Supp.,2006, § 71-17,118;

Laws 2007, LB185, § 28;

Laws 2007, LB296, § 493;

Laws 2007, LB463, § 255.
Neb. Rev. Stat. § 59-811 — NE Code / Chapter 59 / Section 59-811
View Statute 59-811
Status: in_force

It shall be the duty of the Attorney General in such case, unless he or she is satisfied that such corporation, joint-stock company, limited liability company, or other association has desisted and abstained and will in the future desist and abstain from such violation, to enforce the provision by proceeding, either by information or by indictment, as he or she may in his or her discretion think best.

Laws 1905, c. 162, § 11, p. 640;

R.S.1913, § 4055;

C.S.1922, § 3458;

C.S.1929, § 59-811;

R.S.1943, § 59-811;

Laws 1993, LB 121, § 366.
Neb. Rev. Stat. § 19-417 — NE Code / Chapter 19 / Section 19-417
View Statute 19-417
Status: in_force

The city council in a city under the commission plan of government shall have power to discontinue any employment or abolish any office at any time, when, in the judgment of the city council, such employment or office is no longer necessary. The city council shall have power, at any time and at any meeting, to create any office or board it deems necessary, including the office of city manager, and fix salaries. The city council may create a board of three or more members composed of other officers of the city and confer upon such board any power not required to be exercised by the city council itself. The city council may require such officers to serve upon any such board and perform the services required of it with or without any additional pay for such additional service.

Laws 1911, c. 24, § 14, p. 162;

R.S.1913, § 5301;

Laws 1919, c. 35, § 1, p. 116;

C.S.1922, § 4524;

C.S.1929, § 19-414;

R.S.1943, § 19-417;

Laws 2019, LB193, § 22.

For reasons of economy or lack of public necessity for services of a policeman, the city authorities may, when they see fit, terminate his employment, and he has no right to a statutory hearing upon the question of whether the public welfare requires a continuance of a full police force, or whether or not the revenues available are adequate for the payment of his salary. Rooney v. City of Omaha, 105 Neb. 447, 181 N.W. 143 (1920).

For reasons of economy or lack of public necessity for services of a policeman, the city authorities may, when they see fit, terminate his employment, and he has no right to a statutory hearing upon the question of whether the public welfare requires a continuance of a full police force, or whether or not the revenues available are adequate for the payment of his salary. Rooney v. City of Omaha, 105 Neb. 447, 181 N.W. 143 (1920).
Neb. Rev. Stat. § 32-613 — NE Code / Chapter 32 / Section 32-613
View Statute 32-613
Status: in_force

Any petition to place a person's name on the primary election ballot for President of the United States shall contain the names of not less than one hundred voters registered with the appropriate political party from each congressional district of the state, except that if the political party dissolves as provided in subsection (2) of section 32-720 , the Secretary of State shall not accept a petition under this section. The name of the candidate for President shall be placed upon the ballot only when written consent of such person has been filed with the Secretary of State not less than sixty days before the primary election. The form of the petition shall comply with the requirements of sections 32-613.01 and 32-628 and shall as nearly as possible conform to the form prescribed by the Secretary of State. All signed petitions not filed with the Secretary of State shall become invalid if not filed not less than sixty days before the primary election.

Laws 1994, LB 76, § 181;

Laws 1997, LB 764, § 59;

Laws 2014, LB1048, § 3;

Laws 2024, LB287, § 31;

Laws 2025, LB521, § 39.
Neb. Rev. Stat. § 25-2720.01 — NE Code / Chapter 25 / Section 25-2720.01
View Statute 25-2720.01
Status: in_force

The county court, including the Small Claims Court and the county court when sitting as a juvenile court, shall have the power to set aside default judgments and to vacate or modify its own judgments or orders during or after the term at which such judgments or orders were made in the same manner as provided for actions filed in the district court.

Laws 1998, LB 234, § 10;

Laws 2006, LB 1115, § 18;

Laws 2010, LB712, § 4.

Under this section, the county court may take certain actions as provided by the Nebraska Constitution or statutes for actions filed in the district court, and it does not confer additional equity jurisdiction on the county court. In re Guardianship & Conservatorship of Maronica B., 314 Neb. 597, 992 N.W.2d 457 (2023).

Under this section, the county court may take certain actions as provided by the Nebraska Constitution or statutes for actions filed in the district court, and it does not confer additional equity jurisdiction on the county court. In re Guardianship & Conservatorship of Maronica B., 314 Neb. 597, 992 N.W.2d 457 (2023).

County courts have the power to vacate or modify their own judgments and orders during or after the term in which they were made in the same manner as provided for district courts under section 25-2001. In re Interest of Luz P. et al., 295 Neb. 814, 891 N.W.2d 651 (2017).

County courts have the power to vacate or modify their own judgments and orders during or after the term in which they were made in the same manner as provided for district courts under section 25-2001. In re Interest of Luz P. et al., 295 Neb. 814, 891 N.W.2d 651 (2017).

Courts have the power to vacate or modify their own judgments and orders at any time during the term at which they were pronounced. But this power may not be used to circumvent the Legislature's power to fix the time limit to take an appeal. A court may not vacate an order or judgment and reinstate it at a later date just for the purpose of extending the time for appeal. One exception to this rule against using a court's power to vacate as a tool to extend the time for appeal is where a clerk fails to provide notice of a judgment to a party, thereby impairing the party's ability to appeal. In re Interest of Luz P. et al., 295 Neb. 814, 891 N.W.2d 651 (2017).

Courts have the power to vacate or modify their own judgments and orders at any time during the term at which they were pronounced. But this power may not be used to circumvent the Legislature's power to fix the time limit to take an appeal. A court may not vacate an order or judgment and reinstate it at a later date just for the purpose of extending the time for appeal. One exception to this rule against using a court's power to vacate as a tool to extend the time for appeal is where a clerk fails to provide notice of a judgment to a party, thereby impairing the party's ability to appeal. In re Interest of Luz P. et al., 295 Neb. 814, 891 N.W.2d 651 (2017).
Neb. Rev. Stat. § 37-1016 — NE Code / Chapter 37 / Section 37-1016
View Statute 37-1016
Status: in_force

The Game and Parks Commission may lease or otherwise transfer portions of the Cowboy Trail to a political subdivision. The commission may lease portions of the Cowboy Trail to a nonprofit organization. The lessee or transferee shall maintain the property at its own expense. Any such lease or transfer shall be subject to the requirements of the federal National Trails System Act, 16 U.S.C. 1241, as such act and section existed on January 1, 2013.

Laws 2013, LB493, § 1.
Neb. Rev. Stat. § 44-3306 — NE Code / Chapter 44 / Section 44-3306
View Statute 44-3306
Status: in_force

The director may disapprove a policy or certificate form of an insurer whose purpose according to its articles of incorporation is restricted to transacting legal expense insurance and business reasonably related thereto if he or she finds that it:

(1) Is unfair, unfairly discriminatory, misleading, or encourages misrepresentation or misunderstanding of the contract;

(2) Provides coverage or benefits or contains other provisions that would endanger the solidity of the insurer;

(3) Provides rates which are excessive, inadequate, or unfairly discriminatory; or

(4) Is contrary to law.

Laws 1979, LB 52, § 6.
Neb. Rev. Stat. § 59-1403.03 — NE Code / Chapter 59 / Section 59-1403.03
View Statute 59-1403.03
Status: in_force

(1) Beginning January 1, 2019, before seeking payment or a contract for payment of royalties for the use of copyrighted works by that proprietor, a representative or agent for a music licensing agency shall identify himself or herself to the proprietor or the proprietor's employees, disclose that he or she is acting on behalf of a music licensing agency, and disclose the purpose for being on the premises.

(2) A representative or agent of a music licensing agency shall not:

(a) Use obscene, abusive, or profane language when communicating with a proprietor or his or her employees;

(b) Communicate by telephone or in person with a proprietor other than at the proprietor's place of business during the hours when the proprietor's business is open to the public unless otherwise authorized by the proprietor or the proprietor's agents, employees, or representatives;

(c) Engage in any coercive conduct, act, or practice that is substantially disruptive to a proprietor's business;

(d) Use or attempt to use any unfair or deceptive act or practice in negotiating with a proprietor; or

(e) Communicate with an unlicensed proprietor about licensing performances of musical works at the proprietor's establishment after receiving notification in writing from an attorney representing the proprietor that all further communications related to the licensing of the proprietor's establishment by the music licensing agency should be addressed to the attorney. However, the music licensing agency may resume communicating directly with the proprietor if the attorney fails to respond to communications from the music licensing agency within sixty days or the attorney becomes nonresponsive for a period of sixty days or more.

Laws 2018, LB1120, § 35.
Neb. Rev. Stat. § 32-956 — NE Code / Chapter 32 / Section 32-956
View Statute 32-956
Status: in_force

(1) If a ballot is destroyed, spoiled, lost, or not received by the registered voter, the voter may obtain a replacement ballot from the election commissioner or county clerk by signing a statement on a form prescribed by the Secretary of State that the ballot was destroyed, spoiled, lost, or not received and delivering the statement to the election commissioner or county clerk by 5 p.m. on the date set for the election.

(2) If the voter mails the statement or uses electronic mail or a facsimile machine for the submission of the statement, the election commissioner or county clerk shall not deliver a replacement ballot to the voter unless the statement is received prior to the close of business on the second Friday preceding the election.

(3) The election commissioner or county clerk shall verify the signature on the statement with the signature appearing on the voter registration records.

(4) If the election commissioner or county clerk receives a statement meeting the requirements of this section, he or she shall deliver a replacement ballot to the voter if the voter is present in the office or shall mail a replacement ballot to the voter at the address shown on the statement. The election commissioner or county clerk shall keep a record of all replacement ballots issued under this section.

Laws 1996, LB 964, § 9;

Laws 2002, LB 935, § 15;

Laws 2014, LB946, § 18;

Laws 2019, LB411, § 50;

Laws 2022, LB843, § 35.
Neb. Rev. Stat. § 2-254 — NE Code / Chapter 2 / Section 2-254
View Statute 2-254
Status: in_force

Subject to sections 2-267 to 2-273 , the registered voters of a county may petition the county board to organize a county agricultural society in a county where a county agricultural society has not already been organized. The petition shall be signed by registered voters of the county equal in number to fifteen percent of the whole number of registered voters of the county who cast votes for Governor at the statewide general election next preceding the submission of the petition to the county board. The petition shall be in the form required by section 32-628 and the Secretary of State shall provide such forms upon request.

Laws 1997, LB 469, § 5.