FrankGoortani/open-us-law huggingface dataset:
Neb. Rev. Stat. § 29-2204.03 — NE Code / Chapter 29 / Section 29-2204.03
View Statute 29-2204.03
Status: in_force

(1) When the court is of the opinion that imprisonment may be appropriate but desires more detailed information as a basis for determining the sentence to be imposed than has been provided by the presentence report required by section 29-2261 , the court shall commit an offender to the Department of Correctional Services for a period not exceeding ninety days. The department shall conduct a complete study of the offender during that time, inquiring into such matters as his or her previous delinquency or criminal experience, social background, capabilities, and mental, emotional, and physical health and the rehabilitative resources or programs which may be available to suit his or her needs.

(2) By the expiration of the period of commitment or by the expiration of such additional time as the court shall grant, not exceeding a further period of ninety days, the offender shall be returned to the court for sentencing and the court shall be provided with a written report of the results of the study, including whatever recommendations the department believes will be helpful to a proper resolution of the case. After receiving the report and the recommendations, the court shall proceed to sentence the offender in accordance with section 29-2204 or 29-2204.02 . The term of the sentence shall run from the date of original commitment under this section.

(3) In order to encourage the use of this procedure in appropriate cases, all costs incurred during the period the defendant is held in a state institution under this section shall be a responsibility of the state and the county shall be liable only for the cost of delivering the defendant to the institution and the cost of returning him or her to the appropriate court for sentencing or such other disposition as the court may then deem appropriate.

Laws 2015, LB605, § 62.

Both this section and section 29-2261 give the court the discretion to order further evaluations of the defendant prior to sentencing when it deems such evaluations necessary for determining the sentence to be imposed; neither statute provides that a defendant can or should request the evaluations. Trial counsel cannot be deficient for failing to request evaluations that the court itself could have ordered, but in its discretion deemed unnecessary. State v. St. Cyr, 26 Neb. App. 61, 916 N.W.2d 753 (2018).

Both this section and section 29-2261 give the court the discretion to order further evaluations of the defendant prior to sentencing when it deems such evaluations necessary for determining the sentence to be imposed; neither statute provides that a defendant can or should request the evaluations. Trial counsel cannot be deficient for failing to request evaluations that the court itself could have ordered, but in its discretion deemed unnecessary. State v. St. Cyr, 26 Neb. App. 61, 916 N.W.2d 753 (2018).
Neb. Rev. Stat. § 21-1994 — NE Code / Chapter 21 / Section 21-1994
View Statute 21-1994
Status: in_force

(a) The appointment of an officer does not itself create contract rights.

(b) An officer's removal does not affect the officer's contract rights, if any, with the corporation. An officer's resignation does not affect the corporation's contract rights, if any, with the officer.

Laws 1996, LB 681, § 94.
Neb. Rev. Stat. § 20-127 — NE Code / Chapter 43 / Section 20-127
20-127
Status: in_force

(1) A person with a disability has the same right as any other person to the full and free use of the streets, highways, sidewalks, walkways, public buildings, public facilities, and other public places.

(2) A person with a disability is entitled to full and equal accommodations, advantages, facilities, and privileges of all common carriers, airplanes, motor vehicles, railroad trains, motor buses, street cars, boats, any other public conveyances or modes of transportation, hotels, lodging places, places of public accommodation, amusement, or resort, and other places to which the general public is invited, subject only to the conditions and limitations established by law and applicable alike to all persons.

(3) A person with a disability has the right to be accompanied by a service animal, especially trained for the purpose, and a bona fide trainer of a service animal has the right to be accompanied by such animal in training in any of the places listed in subsection (2) of this section without being required to pay an extra charge for the service animal. Such person shall be liable for any damage done to the premises or facilities or to any person by such animal.

(4) A person who is totally or partially blind has the right to make use of a white cane in any of the places listed in subsection (2) of this section.

Laws 1971, LB 496, § 2;

R.S.Supp.,1971, § 43-634;

Laws 1980, LB 932, § 2;

Laws 1997, LB 254, § 3;

Laws 2003, LB 667, § 1;

Laws 2008, LB806, § 6;

Laws 2021, LB540, § 5.

This section is a penal statute, and it must be strictly construed. By the inclusion of the phrase "and other places to which the general public is invited" in subsection (2) of this section, the Legislature evidenced its intent that this statute should apply whenever the general public is invited to a given place at a given time. Softball fields are "places to which the general public is invited" under subsection (2). This section is not limited by considerations of safety. Loewenstein v. Amateur Softball Assn., 227 Neb. 454, 418 N.W.2d 231 (1988).

This section is a penal statute, and it must be strictly construed. By the inclusion of the phrase "and other places to which the general public is invited" in subsection (2) of this section, the Legislature evidenced its intent that this statute should apply whenever the general public is invited to a given place at a given time. Softball fields are "places to which the general public is invited" under subsection (2). This section is not limited by considerations of safety. Loewenstein v. Amateur Softball Assn., 227 Neb. 454, 418 N.W.2d 231 (1988).
Neb. Rev. Stat. § 31-373 — NE Code / Chapter 31 / Section 31-373
View Statute 31-373
Status: in_force

If, on the day appointed in such notice, any written objections be filed, the objection or objections shall be heard and decided by the board of supervisors of such drainage district. From its decision an appeal may be taken to the district court in the manner of appeals from the county board.

Laws 1929, c. 132, § 3, p. 485;

C.S.1929, § 31-473;

R.S.1943, § 31-373.
Neb. Rev. Stat. § 44-3522 — NE Code / Chapter 44 / Section 44-3522
View Statute 44-3522
Status: in_force

No motor vehicle service contract shall be issued, sold, or offered for sale in this state unless:

(1) The motor vehicle service contract provider is insured under a motor vehicle service contract reimbursement insurance policy issued by an insurer authorized to do business in this state;

(2) True and correct copies of the motor vehicle service contract and the motor vehicle service contract reimbursement insurance policy have been filed with the director; and

(3) The contract conspicuously states:

(a) That the obligations of the motor vehicle service contract provider to the service contract holder are covered under the motor vehicle service contract reimbursement insurance policy; and

(b) The name and address of the issuer of the motor vehicle service contract reimbursement insurance policy.

Laws 1990, LB 1136, § 94;

Laws 2006, LB 875, § 5;

Laws 2007, LB188, § 1.
Neb. Rev. Stat. § 68-903 — NE Code / Chapter 68 / Section 68-903
View Statute 68-903
Status: in_force

The medical assistance program is established, which shall also be known as medicaid.

Laws 1965, c. 397, § 3, p. 1277;

R.S.1943, (2003), § 68-1018;

Laws 2006, LB 1248, § 3.

Nebraska has elected to participate in the federal Medicaid program through the enactment of this section. Boruch v. Nebraska Dept. of Health and Human Servs., 11 Neb. App. 713, 659 N.W.2d 848 (2003).

Nebraska has elected to participate in the federal Medicaid program through the enactment of this section. Boruch v. Nebraska Dept. of Health and Human Servs., 11 Neb. App. 713, 659 N.W.2d 848 (2003).
Neb. Rev. Stat. § 42-747.03 — NE Code / Chapter 42 / Section 42-747.03
View Statute 42-747.03
Status: in_force

(a) Except as otherwise provided in section 42-748.11 , if a foreign country lacks or refuses to exercise jurisdiction to modify its child support order pursuant to its laws, a tribunal of this state may assume jurisdiction to modify the child support order and bind all individuals subject to the personal jurisdiction of the tribunal whether the consent to modification of a child support order otherwise required of the individual pursuant to section 42-746 has been given or whether the individual seeking modification is a resident of this state or of the foreign country.

(b) An order issued by a tribunal of this state modifying a foreign child support order pursuant to this section is the controlling order.

Laws 2003, LB 148, § 85;

Laws 2015, LB415, § 46.
Neb. Rev. Stat. § 22-180 — NE Code / Chapter 22 / Section 22-180
View Statute 22-180
Status: in_force

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

G.S.1873, c. 12, § 48, p. 221;

R.S.1913, § 895;

C.S.1922, § 797;

C.S.1929, § 25-184;

R.S.1943, § 22-180.
Neb. Rev. Stat. § 37-303 — NE Code / Chapter 37 / Section 37-303
View Statute 37-303
Status: in_force

(1) With the consent of the Governor, the commission may by purchase, when funds on hand or appropriated therefor are sufficient, or by gift, devise, or otherwise acquire title in the name of the State of Nebraska to sites situated outside organized municipalities, except as provided in section 90-404 , for additional state parks, hatcheries, recreation grounds, state recreational trails, wildlife management areas, captive wildlife facilities, and public shooting grounds and may enter into appropriate contracts with reference thereto, all within the limits of amounts that may be appropriated, contributed, or available. For these purposes, the commission may enter into appropriate contracts, leases, or lease-purchase agreements.

(2) The commission, with the consent of the Governor, may take, receive, and hold, either in the name of the state or in trust for the state, exempt from taxation, any grant or devise of lands and any gift or bequest of money or other personal property made in furtherance of the purposes contemplated by this section and shall have such funds or the proceeds of such property invested. Such invested funds shall be deposited, used, and expended under the direction of the commission.

(3) The commission may make a survey of all lands and areas in the state which are suitable for state parks, game refuges, or other similar purposes contemplated by this section and may locate and designate any or all of such lands or areas or parts thereof and take such action as may tend to preserve or conserve them. The commission shall publish such informational material as it deems necessary and may, at its discretion, charge appropriate fees therefor.

Laws 1998, LB 922, § 61;

Laws 1999, LB 176, § 13;

Laws 2000, LB 701, § 1.

Acquisition of school lands, see section 72-261 .

Section distinguished from and reconciled with section giving commission eminent domain power. Duerfeldt v. State, 184 Neb. 242, 166 N.W.2d 737 (1969).

Section distinguished from and reconciled with section giving commission eminent domain power. Duerfeldt v. State, 184 Neb. 242, 166 N.W.2d 737 (1969).
Neb. Rev. Stat. § 44-386.07 — NE Code / Chapter 44 / Section 44-386.07
View Statute 44-386.07
Status: in_force

If the Director of Insurance orders any person to cease and desist all business of the association or any activity connected therewith, such order may be appealed, and the appeal shall be in accordance with the Administrative Procedure Act.

Laws 1969, c. 367, § 6, p. 1306;

Laws 1988, LB 352, § 48.

Administrative Procedure Act, see section 84-920 .
Neb. Rev. Stat. § 9-232.03 — NE Code / Chapter 9 / Section 9-232.03
View Statute 9-232.03
Status: in_force

A licensed organization may request authorization from the department to conduct a limited period bingo. A licensed organization may conduct no more than four limited period bingos with an aggregate total of no more than twelve days in any twelve-month period commencing October 1 of each year or such other date as the department may prescribe by rule and regulation.

The request shall be in writing and shall contain the date and time when and the location where the limited period bingo is to be conducted. The request shall be submitted to the department at least ten days prior to the desired starting date of the limited period bingo.

Except as otherwise provided in the Nebraska Bingo Act, a limited period bingo shall be conducted in the same manner as prescribed for regular bingo occasions.

Laws 1994, LB 694, § 36;

Laws 2000, LB 1086, § 6.
Neb. Rev. Stat. § 37-1287 — NE Code / Chapter 37 / Section 37-1287
View Statute 37-1287
Status: in_force

(1) The county treasurers or the Department of Motor Vehicles shall charge a fee of six dollars for each certificate of title and a fee of three dollars for each notation of any lien on a certificate of title. The county treasurers shall retain for the county four dollars of the six dollars charged for each certificate of title and two dollars for each notation of lien. The remaining amount of the fee charged for the certificate of title and notation of lien under this subsection shall be remitted to the State Treasurer for credit to the General Fund.

(2) The county treasurers or the department shall charge a fee of ten dollars for each replacement or duplicate copy of a certificate of title, and the duplicate copy issued shall show only those unreleased liens of record. Such fees shall be remitted by the county or the department to the State Treasurer for credit to the General Fund.

(3) In addition to the fees prescribed in subsections (1) and (2) of this section, the county treasurers or the department shall charge a fee of four dollars for each certificate of title, each replacement or duplicate copy of a certificate of title, and each notation of lien on a certificate of title. The county treasurers or the department shall remit the fee charged under this subsection to the State Treasurer for credit to the Department of Motor Vehicles Cash Fund.

(4) The county treasurers shall remit fees due the State Treasurer under this section monthly and not later than the twentieth day of the month following collection. The county treasurers shall credit fees not due to the State Treasurer to their respective county general fund.

Laws 1994, LB 123, § 15;

Laws 1995, LB 467, § 1;

Laws 1996, LB 464, § 23;

Laws 2009, LB202, § 8;

Laws 2011, LB135, § 1;

Laws 2012, LB801, § 23;

Laws 2017, LB263, § 6.
Neb. Rev. Stat. § 38-3323 — NE Code / Chapter 71 / Section 38-3323
38-3323
Status: in_force

Any person holding a valid license to practice veterinary medicine and surgery in this state on October 23, 1967, shall be recognized as a licensed veterinarian and shall be entitled to retain such status so long as he or she complies with the Veterinary Medicine and Surgery Practice Act and the provisions of the Uniform Credentialing Act relating to veterinary medicine and surgery.

Laws 1967, c. 439, § 5, p. 1358;

Laws 1988, LB 1100, § 57;

R.S.1943, (2003), § 71-1,157;

Laws 2007, LB463, § 1105.
Neb. Rev. Stat. § 44-4610 — NE Code / Chapter 44 / Section 44-4610
View Statute 44-4610
Status: in_force

(1) A pharmacy benefit manager shall not exclude a Nebraska pharmacy from participation in the pharmacy benefit manager's specialty pharmacy network if:

(a) The pharmacy holds a specialty pharmacy accreditation from a nationally recognized independent accrediting organization; and

(b) The pharmacy is willing to accept the terms and conditions of the pharmacy benefit manager's agreement with the pharmacy benefit manager's specialty pharmacies.

(2) A pharmacy benefit manager shall not:

(a) Apply terms and conditions to an unaffiliated specialty pharmacy that are stricter than the terms and conditions required for any specialty pharmacy affiliated with the pharmacy benefit manager;

(b) Apply terms and conditions to specialty pharmacies that are inconsistent with the Pharmacy Benefit Manager Licensure and Regulation Act; or

(c) Require data reporting from specialty pharmacies more frequently than quarterly unless reasonably necessary for the pharmacy benefit manager to collect or report data obtained pursuant to subdivision (3)(a) or (b) of this section.

(3) A pharmacy benefit manager shall not impose reporting terms and conditions that require a specialty pharmacy to collect and remit data unless such terms and conditions are:

(a) Necessary for a pharmacy benefit manager to meet reporting obligations required by federal or state laws or regulations;

(b) Related to data (i) that may only be obtained from the specialty pharmacy and (ii) that a pharmacy benefit manager is contractually obligated to provide to another entity in order for that entity to meet reporting obligations required by federal or state laws or regulations;

(c) Necessary for purposes of payment integrity or rebate administration; or

(d) Submitted by the specialty pharmacy to the nationally recognized independent accrediting organization from which the specialty pharmacy holds an accreditation.

(4) In addition to other terms and conditions consistent with this section, a pharmacy benefit manager may impose contract terms and conditions that are reasonably necessary to demonstrate that the specialty pharmacy has sufficient:

(a) Policies and metrics related to providing quality and consistent care for patients using the pharmacy; and

(b) Policies and procedures consistent with industry standards to avoid instances of fraud, waste, or abuse.

Laws 2022, LB767, § 10;

Laws 2025, LB198, § 3.
Neb. Rev. Stat. § 28-361 — NE Code / Chapter 28 / Section 28-361
View Statute 28-361
Status: in_force

Living independently shall include, but not be limited to, using the telephone, shopping, preparing food, housekeeping, and administering medications.

Laws 1988, LB 463, § 14.
Neb. Rev. Stat. § 17-905.01 — NE Code / Chapter 17 / Section 17-905.01
View Statute 17-905.01
Status: in_force

Any city of the second class or any village which constructs a gas distribution system, or purchases or otherwise acquires a bottled gas plant, within the corporate limits of the city or village as provided in section 17-905 , may lease any such facility or facilities to any such person, persons, corporation, or corporations as the city council or village board of trustees may select, upon such terms and conditions as it shall deem advisable. If there are any revenue bonds outstanding or to be outstanding at the time the lease becomes effective, for which the revenue and earnings of such facility or facilities are or shall be pledged and hypothecated, the net lease payments shall be sufficient to pay the principal and interest on such revenue bonds as the same become due. Such proposition shall be first submitted to the qualified voters of such city of the second class or village in the manner set forth in section 17-905 , to be submitted either independently of or in conjunction with the proposition set forth in section 17-905 .

Laws 1963, c. 69, § 1, p. 270;

Laws 2017, LB133, § 241.
Neb. Rev. Stat. § 69-1323 — NE Code / Chapter 69 / Section 69-1323
View Statute 69-1323
Status: in_force

If any person refuses to deliver property to the State Treasurer as required under sections 69-1301 to 69-1329 , he shall bring an action in a court of appropriate jurisdiction to enforce such delivery.

Laws 1969, c. 611, § 23, p. 2490.
Neb. Rev. Stat. § 60-1407.06 — NE Code / Chapter 60 / Section 60-1407.06
View Statute 60-1407.06
Status: in_force

The board may adopt rules and regulations establishing procedures for the issuance of such special permits. The fee for each such special permit shall be not more than the same fee as established for a dealer's license pursuant to section 60-1411.01 .

Laws 1972, LB 1335, § 19;

Laws 1974, LB 754, § 7.
Neb. Rev. Stat. § 48-221 — NE Code / Chapter 48 / Section 48-221
View Statute 48-221
Status: in_force

It shall be unlawful for any employer, as defined in section 48-220 , to require any applicant for employment, to pay the cost of a medical examination required by the employer as a condition of employment. When the employer requests an applicant for a position to submit to a medical examination, the employer shall assume the cost thereof.

Laws 1963, c. 280, § 2, p. 837.
Neb. Rev. Stat. § 71-938 — NE Code / Chapter 71 / Section 71-938
View Statute 71-938
Status: in_force

The mental health board shall, upon the motion of the county attorney, or may upon its own motion, hold a hearing to determine whether a person who has been ordered by the board to receive inpatient or outpatient treatment is adhering to the conditions of his or her release from such treatment, including the taking of medication. The subject of such hearing shall be accorded all rights guaranteed to a subject under the Nebraska Mental Health Commitment Act, and such hearing shall apply the standards used in all other hearings held pursuant to the act. If the mental health board concludes from the evidence at the hearing that there is clear and convincing evidence that the subject is mentally ill and dangerous, the board shall so find and shall within forty-eight hours enter an order of final disposition providing for the treatment of such person in accordance with section 71-925 .

Laws 1981, LB 95, § 27;

R.S.1943, (1999), § 83-1080;

Laws 2004, LB 1083, § 58.