FrankGoortani/open-us-law huggingface dataset:
Neb. Rev. Stat. § 44-1996 — NE Code / Chapter 44 / Section 44-1996
View Statute 44-1996
Status: in_force

A title insurer shall not participate in any transaction in which it knows that a producer of title insurance business or other person requires, directly or indirectly, or through a trustee, director, officer, agent, employee, or affiliate, as a condition, agreement, or understanding to selling or furnishing any other person a loan, loan extension, credit, sale, property, contract, lease, or service, that the other person place a title insurance policy of any kind with the title insurer or through a particular title insurance agent.

Laws 1997, LB 53, § 19.
Neb. Rev. Stat. § 44-6826 — NE Code / Chapter 44 / Section 44-6826
44-6826
Status: in_force

The purpose of the Managed Care Emergency Services Act is to establish standards for health carriers that offer managed care plans to provide for access by covered persons to and delivery of emergency services.

Laws 1997, LB 279, § 2;

R.S.Supp.,1997, § 44-6802;

Laws 1998, LB 1162, § 18.
Neb. Rev. Stat. § 23-320 — NE Code / Chapter 23 / Section 23-320
View Statute 23-320
Status: in_force

Any person who appeared and filed a remonstrance as to the benefits received by him or her through such improvement or as to the amount of his or her assessment before the supervisors or board of commissioners at the hearing as provided in section 23-313 shall be allowed an appeal to the district court of the county by the same procedure as is provided in section 31-412 . On such appeal the only questions that shall be tried shall be the questions raised before the board by the remonstrance. On such trial the report of the engineer shall be admissible in evidence and nothing in this section shall be construed as authorizing or permitting the stoppage, prevention, or delay of the proposed work. If more than one party appeals, the appeals shall be consolidated and tried together and the rights of each appellant separately determined. If the court finds for any appellant upon his or her remonstrance, it shall amend the report and the schedule of the assessment in accordance with its finding. The amended report and schedule shall be filed with the county clerk and a copy forwarded to the Director-State Engineer. If on appeal the court finds against the remonstrants, it shall dismiss the appeal at the cost of appellant.

Laws 1921, c. 269, § 12, p. 897;

C.S.1922, § 1037;

C.S.1929, § 26-731;

R.S.1943, § 23-320;

Laws 1989, LB 26, § 1.
Neb. Rev. Stat. § 44-4338 — NE Code / Chapter 44 / Section 44-4338
View Statute 44-4338
Status: in_force

The State of Nebraska does hereby pledge to and agree with the holders of any bonds and with those parties who may enter into contracts with any risk management pool or member of a risk management pool under the Intergovernmental Risk Management Act that the state will not alter, impair, or limit the rights thereby vested until the bonds, together with applicable interest, are fully met and discharged and such contracts are fully performed. Nothing contained in the act shall preclude such alteration, impairment, or limitation if and when adequate provisions have been made by law for the protection of the holders of the bonds or persons entering into contracts with any risk management pool or member of a risk management pool. Each risk management pool and member of a risk management pool may include this pledge and undertaking for the state in such bonds or contracts.

Laws 1987, LB 398, § 38.
Neb. Rev. Stat. § 44-7313 — NE Code / Chapter 44 / Section 44-7313
View Statute 44-7313
Status: in_force

If, after the hearing, the director finds a health carrier has violated the Health Carrier Grievance Procedure Act, the director shall reduce his or her findings to writing and shall issue and cause to be served upon the health carrier charged with the violation a copy of the findings and an order requiring the health carrier to cease and desist from engaging in the violation and the director may order any one or more of the following:

(1) Payment of a monetary penalty of not more than one thousand dollars for each violation, not to exceed an aggregate penalty of thirty thousand dollars, unless the violation was committed flagrantly and in conscious disregard of the Health Carrier Grievance Procedure Act, in which case the penalty shall not be more than fifteen thousand dollars for each violation, not to exceed an aggregate penalty of one hundred fifty thousand dollars; and

(2) Suspension or revocation of the health carrier's certificate of authority if the health carrier knew or reasonably should have known it was in violation of the act.

Laws 1998, LB 1162, § 78.
Neb. Rev. Stat. § 44-1204 — NE Code / Chapter 44 / Section 44-1204
View Statute 44-1204
Status: in_force

Concurrently with the filing of the declaration provided for by the terms of section 44-1203 , the attorney shall file with the Department of Insurance an instrument in writing executed by him or her for said subscribers, conditioned that upon the issuance of certificate of authority provided for in section 44-1211 action may be brought in the county in which the property insured thereunder is situated and service of process may be had in the manner provided for service of a summons in a civil action in all suits in this state arising out of such policies, contracts, or agreements, which service shall be valid and binding upon all subscribers exchanging at any time reciprocal or interinsurance contracts through such attorney. Such instrument shall further provide that in all suits arising in this state on account of contracts issued by such attorney for the account of said subscribers, such action may be brought against such attorney as attorney in fact for all subscribers at such reciprocal or interinsurance exchange, and the judgment in the action shall be a judgment against and binding upon each of the subscribers, as their respective interests may appear.

Laws 1917, c. 189, § 4, p. 460;

Laws 1919, c. 190, tit. V, art. XV, § 4, p. 683;

C.S.1922, § 7972;

C.S.1929, § 44-1504;

R.S.1943, § 44-1204;

Laws 1983, LB 447, § 61.
Neb. Rev. Stat. § 49-1446.02 — NE Code / Chapter 49 / Section 49-1446.02
View Statute 49-1446.02
Status: in_force

Notwithstanding any other provision of the Nebraska Political Accountability and Disclosure Act, no committee shall expend funds for the purchase or payment of:

(1) Clothes or medical or dental expenses of a candidate or the members of his or her immediate family;

(2) Installment payments for an automobile owned by a candidate;

(3) Mortgage or rental payments for a permanent residence of a candidate;

(4) The satisfaction of personal debts, including installment payments on personal loans, except campaign loans subject to reporting required by subsection (2) of section 49-1456 ;

(5) Personal services, including the services of a lawyer or accountant, except campaign services subject to reporting pursuant to the provisions of section 49-1455 ; or

(6) Office supplies, staff, or furnishings for the public office for which an individual is a candidate for nomination or election except as set out in subsection (2) of section 49-1446.01 .

Laws 1981, LB 134, § 6;

Laws 1992, LB 722, § 2;

Laws 2005, LB 242, § 10.
Neb. Rev. Stat. § 38-2134 — NE Code / Chapter 71 / Section 38-2134
38-2134
Status: in_force

Nothing in the Mental Health Practice Act shall be construed to require the State of Nebraska, any agency of the State of Nebraska, or any of the entities which operate under rules and regulations of a state agency, which employ or contract for the services of marriage and family therapists, to employ or contract with only persons certified pursuant to the act for the performance of any of the professional activities enumerated in section 38-2119 .

Laws 1993, LB 669, § 51;

R.S.1943, (2003), § 71-1,332;

Laws 2007, LB463, § 751.
Neb. Rev. Stat. § 38-1083 — NE Code / Chapter 71 / Section 38-1083
38-1083
Status: in_force

In order to be licensed as a salon by the department, an applicant shall meet, and present to the department evidence of meeting, the following requirements:

(1) The proposed salon shall be a fixed, permanent structure or part of one;

(2) The proposed salon shall be physically separated from all other business or residential activities except barbering, manicuring, pedicuring, and retail sales;

(3) The separation required in subdivision (2) of this section shall be by fixed walls or by partitions not less than six feet high;

(4) Areas of the salon used for barbering, manicuring, or pedicuring shall be clearly identified as such to the public by a sign and shall be visually distinct from other areas of the salon;

(5) All areas of the salon, including those used for manicures, pedicures, or retail sales, shall comply with the sanitary requirements of the Cosmetology, Electrology, Esthetics, Nail Technology, and Body Art Practice Act;

(6) A salon located in a residence shall be entirely distinct and separate from any living quarters, except that there may be one connecting door to the living portion of the dwelling as an access entrance to the salon for the owner or operator, but such entrance shall not be for the use of the general public;

(7) The entrance into the proposed salon used by the general public shall lead directly from the outside to the salon, except that a salon located in a commercial building may have its entrance open from a public area such as a foyer, hallway, mall, concourse, or retail sales floor. Any salon in existence and licensed on August 30, 1987, shall not be required to comply with this subdivision;

(8) The proposed salon shall have at least one hundred fifty square feet of floor space. If more than one practitioner is to be employed in the salon at the same time, the salon shall contain an additional space of at least fifty square feet for each additional practitioner, except that a salon employing a licensee exclusively to perform home services need not provide additional space for such employee;

(9) The proposed salon shall include toilet facilities unless the salon is located in a commercial building in which public toilet facilities are available that open directly off of a public area; and

(10) The proposed salon shall meet all state or local building code and fire code requirements.

Laws 1986, LB 318, § 82;

Laws 1987, LB 543, § 19;

R.S.1943, (2003), § 71-3,121;

Laws 2007, LB463, § 345.
Neb. Rev. Stat. § 51-203 — NE Code / Chapter 51 / Section 51-203
View Statute 51-203
Status: in_force

When the county board of any county or the electors of any township vote to establish and maintain a public library, the county board or the township board shall establish a library board. The library board shall have at least five members. No member of the county board or township board shall be a member of the library board. The county board or township board shall determine by resolution the number of members, whether the members are elected or appointed, and the length of the terms of the members. The terms of members serving on the effective date of a change in the number of members shall not be shortened, and the county board or township board shall provide for the appointment or election of their successors. Such county or township board shall have the power to fill for the unexpired term any vacancy which may occur in the county or township library board. No member shall receive any pay or compensation for any services rendered as a member of such board.

If the county board or township board provides for appointment of the members to the library board, such library board members shall be appointed by a majority vote of the members of the county board or township board. If the county board or township board provides for the election of library board members, the election shall be held in conjunction with the statewide primary election as provided in the Election Act and the county board or township board shall give public notice of such election after the adoption of such resolution naming the offices to be filled, the length of terms, and the filing deadline for the placing of names of candidates on the ballot.

Laws 1911, c. 73, § 3, p. 314;

R.S.1913, § 3794;

Laws 1919, c. 120, § 3, p. 287;

C.S.1922, § 3187;

C.S.1929, § 51-203;

R.S.1943, § 51-203;

Laws 1997, LB 250, § 17.

Election Act, see section 32-101 .
Neb. Rev. Stat. § 16-204 — NE Code / Chapter 16 / Section 16-204
View Statute 16-204
Status: in_force

A city of the first class may levy any other tax or special assessment authorized by law, and appropriate money and provide for the payment of the debts and expenses of the city.

Laws 1901, c. 18, § 48, II, p. 245;

R.S.1913, § 4820;

C.S.1922, § 3988;

C.S.1929, § 16-205;

R.S.1943, § 16-204.

While the burden is upon he who denies a lien for general taxes, to prove them void, yet he who seeks to enforce a lien for special taxes, has the burden of proving their validity. Farmer L. & T. Co. v. Hastings, 2 Neb. Unof. 337, 96 N.W. 104 (1902).

While the burden is upon he who denies a lien for general taxes, to prove them void, yet he who seeks to enforce a lien for special taxes, has the burden of proving their validity. Farmer L. & T. Co. v. Hastings, 2 Neb. Unof. 337, 96 N.W. 104 (1902).

In absence of limitation in the act granting it authority to issue bonds, the city has power to levy sufficient taxes to pay the same, and a judgment against the city for the amount of the bonds, puts the question of authority to levy the tax to pay such bonds to rest, and mandamus will enforce such levy. United States ex rel. Masslich v. Saunders, 124 F. 124 (8th Cir. 1903).

In absence of limitation in the act granting it authority to issue bonds, the city has power to levy sufficient taxes to pay the same, and a judgment against the city for the amount of the bonds, puts the question of authority to levy the tax to pay such bonds to rest, and mandamus will enforce such levy. United States ex rel. Masslich v. Saunders, 124 F. 124 (8th Cir. 1903).
Neb. Rev. Stat. § 71-5904 — NE Code / Chapter 71 / Section 71-5904
71-5904
Status: in_force

Assisted living promotes resident self-direction and participation in decisions which emphasize independence, individuality, privacy, and dignity.

The administrator shall have the discretion regarding admission or retention of residents of the assisted-living facility subject to the Assisted-Living Facility Act and rules and regulations adopted and promulgated under the act.

Laws 1997, LB 608, § 14;

R.S.Supp.,1998, § 71-20,116;

Laws 2000, LB 819, § 61;

R.S.1943, (2003), § 71-461;

Laws 2004, LB 1005, § 48;

Laws 2018, LB439, § 5.
Neb. Rev. Stat. § 29-1914 — NE Code / Chapter 29 / Section 29-1914
View Statute 29-1914
Status: in_force

Whenever an order is issued pursuant to the provisions of section 29-1912 or 29-1913 , it shall be limited to items or information that:

(1) Directly relate to the investigation of the underlying charge or charges in the case;

(2) Are within the possession, custody, or control of the state or local subdivisions of government; and

(3) Are known to exist by the prosecution or that, by the exercise of due diligence, may become known to the prosecution.

Laws 1969, c. 235, § 3, p. 869;

Laws 2019, LB496, § 5.

In a driving under the influence case, where the record clearly showed that a computer source code for a breath-testing machine was not in the State's possession and that the manufacturer of the machine considered the source code a trade secret and proprietary information, the source code was not discoverable under this section. State v. Kuhl, 16 Neb. App. 127, 741 N.W.2d 701 (2007).

In a driving under the influence case, where the record clearly showed that a computer source code for a breath-testing machine was not in the State's possession and that the manufacturer of the machine considered the source code a trade secret and proprietary information, the source code was not discoverable under this section. State v. Kuhl, 16 Neb. App. 127, 741 N.W.2d 701 (2007).
Neb. Rev. Stat. § 13-3209 — NE Code / Chapter 13 / Section 13-3209
View Statute 13-3209
Status: in_force

A municipality that has created a clean energy assessment district may create a debt service reserve fund to be used as security for capital raised under section 13-3207 .

Laws 2016, LB1012, § 9;

R.S.Supp.,2016, § 18-3209;

Laws 2017, LB625, § 9.
Neb. Rev. Stat. § 21-247 — NE Code / Chapter 21 / Section 21-247
View Statute 21-247
Status: in_force

(MBCA 6.26) (a) Unless the articles of incorporation or bylaws provide otherwise, the board of directors of a corporation may authorize the issue of some or all of the shares of any or all of its classes or series without certificates. The authorization does not affect shares already represented by certificates until they are surrendered to the corporation.

(b) Within a reasonable time after the issue or transfer of shares without certificates, the corporation shall send the shareholder a written statement of the information required on certificates by subsections (b) and (c) of section 21-246 , and, if applicable, section 21-248 .

Laws 2014, LB749, § 47.
Neb. Rev. Stat. § 68-955 — NE Code / Chapter 68 / Section 68-955
View Statute 68-955
Status: in_force

(1) Except as otherwise provided in subsection (3) of this section, a health care provider may prescribe a prescription drug not on the preferred drug list to a medicaid recipient if (a) the prescription drug is medically necessary, (b)(i) the provider certifies that the preferred drug has not been therapeutically effective, or with reasonable certainty is not expected to be therapeutically effective, in treating the recipient's condition or (ii) the preferred drug causes or is reasonably expected to cause adverse or harmful reactions in the recipient, and (c) the department authorizes coverage for the prescription drug prior to the dispensing of the drug. The department shall respond to a prior authorization request no later than twenty-four hours after receiving such request.

(2) A health care provider may prescribe a prescription drug not on the preferred drug list to a medicaid recipient without prior authorization by the department or a managed care organization if the provider certifies that (a) the recipient is achieving therapeutic success with a course of antidepressant, antipsychotic, or anticonvulsant medication or medication for human immunodeficiency virus, multiple sclerosis, epilepsy, cancer, or immunosuppressant therapy or (b) the recipient has experienced a prior therapeutic failure with a medication.

(3) Neither the department nor a managed care organization shall require prior authorization for coverage for an antidepressant, antipsychotic, or anticonvulsant prescription drug that is deemed medically necessary by a patient's health care provider for a new or existing medicaid recipient if the medicaid recipient has prior prescription history for the antidepressant, antipsychotic, or anticonvulsant prescription drug within the immediately preceding ninety-day period. A prospective drug utilization review as described in section 38-2869 and applicable federal law for a prescription for an antidepressant, antipsychotic, or anticonvulsant prescription drug for a medicaid recipient with prior prescription history within the immediately preceding ninety-day period shall occur in order to ensure that the prescription for a medicaid recipient is appropriate and is not likely to result in adverse medical results. Use of a pharmaceutical sample is not considered prior prescription history.

Laws 2008, LB830, § 7;

Laws 2020, LB1052, § 4.
Neb. Rev. Stat. § 38-1152 — NE Code / Chapter 38 / Section 38-1152
View Statute 38-1152
Status: in_force

An expanded function dental hygienist may perform all the procedures authorized for a licensed dental hygienist. Upon completion of education and testing approved by the board and with a permit from the department for the respective competency, an expanded function dental hygienist may, under the indirect supervision of a licensed dentist, place (1) restorative level one simple restorations (one surface) and (2) restorative level two complex restorations (multiple surfaces).

Laws 2017, LB18, § 22.
Neb. Rev. Stat. § 18-822 — NE Code / Chapter 18 / Section 18-822
View Statute 18-822
Status: in_force

(1) To assist in defraying the expenses of a regional metropolitan transit authority, and to such extent as in its discretion and judgment may be necessary, the board shall annually certify a tax levy for the fiscal year commencing on the following January 1. Such levy shall not exceed in any one year ten cents on each one hundred dollars on the taxable value of the taxable property that at the time of the levy is located in or during the ensuing fiscal year will be located in any municipality in which such authority shall be deemed to have operating jurisdiction pursuant to section 18-804 .

(2) The board shall by resolution, on or before September 30 of each year, certify such tax levy to the county assessor of the county or counties in which the authority operates. If in any year the full amount so certified and collected is not needed for the current purposes of such authority, the balance shall be credited to the operating fund of such authority and, as the board in its discretion deems convenient, to other reserve funds of such authority.

Laws 2019, LB492, § 22;

Laws 2021, LB644, § 9.
Neb. Rev. Stat. § 37-1241 — NE Code / Chapter 37 / Section 37-1241
View Statute 37-1241
Status: in_force

(1) Every vessel except sailboards shall carry at least one life preserver, ring buoy, or other device of the sort prescribed by the regulations of the commission for each person on board, so placed as to be readily accessible, except that every vessel carrying passengers for hire shall carry so placed as to be readily accessible at least one life preserver of the sort prescribed by the regulations of the commission for each person on board. Every vessel except canoes, kayaks, sailboards, and personal watercraft shall carry at least one throwable floatation device which shall be in addition to the devices required for each person on board.

(2) Subsection (1) of this section shall not apply to any racing shell or rowing scull during an authorized race or regatta or an officially supervised training session if at least one approved floatation device is carried aboard an accompanying vessel for each person in such racing shell or rowing scull. Such floatation devices shall be in addition to those required for each person aboard the accompanying vessel.

(3) For purposes of this section, sailboard means a surfboard-type vessel with no freeboard and using a free-sail system with a swivel-mounted mast not secured to a hull by guys or stays.

Laws 1978, LB 21, § 41;

Laws 1993, LB 235, § 40;

Laws 1999, LB 176, § 117.
Neb. Rev. Stat. § 29-732 — NE Code / Chapter 29 / Section 29-732
View Statute 29-732
Status: in_force

When a demand shall be made upon the Governor of this state by the Executive Authority of another state for the surrender of a person so charged with crime, the Governor may call upon the Attorney General or any prosecuting officer in this state to investigate or assist in investigating the demand, and to report to him the situation and circumstances of the person so demanded, and whether he ought to be surrendered.

Laws 1963, c. 159, § 4, p. 559.
Neb. Rev. Stat. § 39-1012 — NE Code / Chapter 39 / Section 39-1012
View Statute 39-1012
Status: in_force

Any person who violates the provisions of section 39-1010 shall be guilty of a Class V misdemeanor.

Laws 1961, c. 194, § 3, p. 594;

Laws 1977, LB 40, § 210.
Neb. Rev. Stat. § 44-1534.01 — NE Code / Chapter 44 / Section 44-1534.01
View Statute 44-1534.01
Status: in_force

The Director of Insurance may adopt and promulgate rules and regulations to protect members of the United States Armed Forces from dishonest and predatory insurance sales practices by declaring certain identified practices to be false, misleading, deceptive, or unfair as required by the federal Military Personnel Financial Services Protection Act, Public Law 109-290, as such law existed on July 18, 2008.

Laws 2008, LB855, § 7.