FrankGoortani/open-us-law huggingface dataset:
Neb. Rev. Stat. § 68-1521 — NE Code / Chapter 68 / Section 68-1521
View Statute 68-1521
Status: in_force

For purposes of sections 68-1520 to 68-1528 :

(1) Caregiver means an individual providing ongoing care for an individual unable to care for himself or herself;

(2) Community lifespan respite services program means a noncategorical respite services program that:

(a) Is operated by a community-based private nonprofit or for-profit agency or a public agency that provides respite services;

(b) Receives funding through the Nebraska Lifespan Respite Services Program established under section 68-1522 ;

(c) Serves an area in one or more of the six regional services areas of the department;

(d) Acts as a single local source for respite services information and referral; and

(e) Facilitates access to local respite services;

(3) Department means the Department of Health and Human Services;

(4) Noncategorical care means care without regard to the age, type of special needs, or other status of the individual receiving care;

(5) Provider means an individual or agency selected by a family or caregiver to provide respite services to an individual with special needs;

(6) Respite care means the provision of short-term relief to primary caregivers from the demands of ongoing care for an individual with special needs; and

(7) Respite services includes:

(a) Recruiting and screening of paid and unpaid respite care providers;

(b) Identifying local training resources and organizing training opportunities for respite care providers;

(c) Matching of families and caregivers with providers and other types of respite care;

(d) Linking families and caregivers with payment resources;

(e) Identifying, coordinating, and developing community resources for respite services;

(f) Quality assurance and evaluation; and

(g) Assisting families and caregivers to identify respite care needs and resources.

Laws 1999, LB 148, § 2;

Laws 2006, LB 994, § 74;

Laws 2007, LB296, § 288.
Neb. Rev. Stat. § 29-1412 — NE Code / Chapter 29 / Section 29-1412
View Statute 29-1412
Status: in_force

(1)(a) Whenever a witness in any proceeding before any grand jury refuses, without just cause shown, to comply with an order of the court to testify or provide other information, including any book, paper, document, record, recording, or other material, the prosecuting attorney may submit an application to the court for an order directing the witness to show why the witness should not be held in contempt. After submission of such application and a hearing at which the witness may be represented by counsel, the court may, if the court finds that such refusal was without just cause, hold the witness in contempt and order the witness to be confined or to pay a fine of not to exceed five hundred dollars. Such confinement shall continue until such time as the witness is willing to give such testimony or provide such information, except that the court may release the witness from confinement if the court determines that further confinement will not cause the witness to give such testimony or provide such information. No period of such confinement shall exceed the term of the grand jury, including extensions, before which such refusal to comply with the court order occurred, and in no event shall such confinement exceed six months.

(b) If a witness has been confined in accordance with subsection (1)(a) of this section, he or she may, upon petition filed with the court, request a hearing to be held within ten days to review the contempt order at which hearing he or she shall have the right to be represented by counsel. The court, at the hearing, may rescind, modify, or affirm the order.

(c) In any proceeding conducted under this section, counsel may be appointed for a person financially unable to obtain adequate assistance.

(2) No person who has been confined or fined by a court for refusal to testify or provide other information concerning any criminal incident or incidents in any proceeding before a grand jury impaneled before any district court shall again be confined or fined for a subsequent refusal to testify or provide other information concerning the same criminal incident or incidents before any grand jury.

G.S.1873, c. 58, § 403, p. 815;

R.S.1913, § 9042;

C.S.1922, § 10066;

C.S.1929, § 29-1412;

R.S.1943, § 29-1412;

Laws 1979, LB 524, § 7.
Neb. Rev. Stat. § 25-2195 — NE Code / Chapter 25 / Section 25-2195
View Statute 25-2195
Status: in_force

The court in its discretion may require all or any of the parties, before they receive the money arising from any sale authorized in sections 25-2170 to 25-21,111 , to give satisfactory security to refund such money with interest, in case it afterward appears that such parties were not entitled thereto.

R.S.1867, Code § 828, p. 540;

R.S.1913, § 8311;

C.S.1922, § 9263;

C.S.1929, § 20-2195;

R.S.1943, § 25-2195.
Neb. Rev. Stat. § 8-171 — NE Code / Chapter 8 / Section 8-171
View Statute 8-171
Status: in_force

No liability shall accrue against any bank destroying any records or files in accordance with sections 8-170 to 8-174 . In any cause or proceedings in which any such records or files may be called into question or be demanded of the bank or any officer or employee of the bank, a showing that such records or files have been destroyed in accordance with the terms of sections 8-170 to 8-174 shall be a sufficient excuse for the failure to produce such records or files.

Laws 1949, c. 10, § 2, p. 71;

R.R.S.1943, § 8-1,112;

Laws 1963, c. 29, § 71, p. 162;

Laws 2017, LB140, § 69.
Neb. Rev. Stat. § 28-1905 — NE Code / Chapter 28 / Section 28-1905
View Statute 28-1905
Status: in_force

(1) A person commits an offense if, while acting as the agent of a foreign principal, such person:

(a) Intentionally engages in the prevention, detection, investigation, monitoring, surveilling, or prosecution of an offense under the law or rule of a government of a foreign country or a foreign terrorist organization at the direction of such foreign principal, government, or organization; and

(b) Such person acts without the knowledge and approval of the appropriate state or federal law enforcement agency of the United States.

(2) A violation of this section is a Class IIA felony.

Laws 2025, LB644, § 18.
Neb. Rev. Stat. § 29-2704 — NE Code / Chapter 29 / Section 29-2704
View Statute 29-2704
Status: in_force

Upon examination in county court on complaint of a felony, whether the accused is held to answer in court or discharged, the court may file with the county clerk a certified transcript of the costs as assessed under section 29-2709 , giving the items of the same, and to whom each is due, and on what account. As early as may be after the filing of such bill, but without assembling for the special purpose, the county board of the proper county shall examine into such bill of costs as to its correctness, justice, and legality and may, if need be, examine under oath any person upon the subject, which oath may be administered by the county clerk.

It shall be the duty of the board to disallow any item, in whole or in part, of such bill that is found to be unlawful or needlessly incurred, or if it appears that the complaint was made for a felony when it should have been for a misdemeanor only, it may in its discretion disallow the entire bill or any part thereof.

The board may order that such bill, or so much thereof as it finds to be lawful and just, be paid from the county treasury, whereupon the county clerk shall draw warrants upon the county treasurer for the sums respectively due to each person upon such bill so allowed, which warrants the treasurer shall pay from the county general fund. The amount of costs so allowed shall be certified by the county clerk, and the certificate filed with the papers in the cause, in the office of the clerk of the district court. If the defendant shall be convicted, judgment shall be rendered against him or her for the costs so allowed, in addition to the costs made in the district court.

G.S.1873, c. 58, § 536, p. 840;

R.S.1913, § 9240;

C.S.1922, § 10269;

C.S.1929, § 29-2704;

R.S.1943, § 29-2704;

Laws 1973, LB 226, § 21;

Laws 1984, LB 13, § 72;

Laws 2001, LB 83, § 1.

Section does not fix liability on county for fees of defendant's witnesses. Worthen v. Johnson County, 62 Neb. 754, 87 N.W. 909 (1901).

Section does not fix liability on county for fees of defendant's witnesses. Worthen v. Johnson County, 62 Neb. 754, 87 N.W. 909 (1901).

County is liable for costs on felony charge whether accused was held to answer in court or not. If charge should have been for misdemeanor, board may disallow. Dodge County v. Gregg, 14 Neb. 305, 15 N.W. 741 (1883).

County is liable for costs on felony charge whether accused was held to answer in court or not. If charge should have been for misdemeanor, board may disallow. Dodge County v. Gregg, 14 Neb. 305, 15 N.W. 741 (1883).

Section is constitutional. Costs in misdemeanor cases may be disallowed by county board. Boggs v. Washington County, 10 Neb. 297, 4 N.W. 984 (1880).

Section is constitutional. Costs in misdemeanor cases may be disallowed by county board. Boggs v. Washington County, 10 Neb. 297, 4 N.W. 984 (1880).
Neb. Rev. Stat. § 37-731 — NE Code / Chapter 37 / Section 37-731
View Statute 37-731
Status: in_force

Subject to section 37-734 , an owner of land owes no duty of care to keep the premises safe for entry or use by others for recreational purposes or to give any warning of a dangerous condition, use, structure, or activity on such premises to persons entering for such purposes.

Laws 1965, c. 193, § 2, p. 589;

R.S.1943, (1993), § 37-1002;

Laws 1998, LB 922, § 345.

No duty of reasonable care will be judicially imposed where Legislature has decided there shall be no duty to keep premises safe. Thies v. City of Omaha, 225 Neb. 817, 408 N.W.2d 306 (1987).

No duty of reasonable care will be judicially imposed where Legislature has decided there shall be no duty to keep premises safe. Thies v. City of Omaha, 225 Neb. 817, 408 N.W.2d 306 (1987).

Owner owes no duty of care to keep premises safe except for willful or malicious failure to guard or warn, and where owner charges a fee for entry as provided by section 37-1005. Thies v. City of Omaha, 225 Neb. 817, 408 N.W.2d 306 (1987).

Owner owes no duty of care to keep premises safe except for willful or malicious failure to guard or warn, and where owner charges a fee for entry as provided by section 37-1005. Thies v. City of Omaha, 225 Neb. 817, 408 N.W.2d 306 (1987).

A city park which provides camping, picnic, and sports facilities is a recreational facility within the meaning of the act. Garreans v. City of Omaha, 216 Neb. 487, 345 N.W.2d 309 (1984).

A city park which provides camping, picnic, and sports facilities is a recreational facility within the meaning of the act. Garreans v. City of Omaha, 216 Neb. 487, 345 N.W.2d 309 (1984).
Neb. Rev. Stat. § 28-1204 — NE Code / Chapter 28 / Section 28-1204
View Statute 28-1204
Status: in_force

(1) Any person under the age of eighteen years who possesses a handgun commits the offense of unlawful possession of a handgun.

(2) This section does not apply to the issuance of handguns to members of the armed forces of the United States, active or reserve, National Guard of this state, or Reserve Officers Training Corps, when on duty or training, or to the temporary loan of handguns for instruction under the immediate supervision of a parent or guardian or adult instructor.

(3) Unlawful possession of a handgun is a Class I misdemeanor.

Laws 1977, LB 38, § 236;

Laws 1978, LB 748, § 18;

Laws 2009, LB63, § 11.

When a person is charged with violation of this section, the State need not prove that a revolver or gun is operable in order to establish that it is a "firearm". The test is whether evidence of possession of a revolver or gun of prohibited description, which is in apparently good condition and has the characteristics and appearance commonly understood to be those of the firearm it purports to be, is prima facie evidence sufficient to go to the trier of fact in a prosecution for being a person under the age of 18 in possession of a pistol, revolver, or any other form of short-barreled hand firearm. In re Interest of Cory P., 7 Neb. App. 397, 584 N.W.2d 820 (1998).

When a person is charged with violation of this section, the State need not prove that a revolver or gun is operable in order to establish that it is a "firearm". The test is whether evidence of possession of a revolver or gun of prohibited description, which is in apparently good condition and has the characteristics and appearance commonly understood to be those of the firearm it purports to be, is prima facie evidence sufficient to go to the trier of fact in a prosecution for being a person under the age of 18 in possession of a pistol, revolver, or any other form of short-barreled hand firearm. In re Interest of Cory P., 7 Neb. App. 397, 584 N.W.2d 820 (1998).
Neb. Rev. Stat. § 44-6102 — NE Code / Chapter 44 / Section 44-6102
View Statute 44-6102
Status: in_force

The Legislature finds and declares that it is in the public interest that a domestic mutual insurer be permitted to convert to a stock insurer on terms and conditions that are fair and equitable to such mutual insurer's policyholders. The Legislature further finds that because it is not possible to anticipate all of the circumstances and considerations which may arise incident to a conversion from a mutual insurer to a stock insurer, the Director of Insurance should have broad authority in reviewing such conversion, and the procedures and criteria to be applied by the director should be flexible within the parameters of the Insurers Demutualization Act. The act shall be liberally construed to effect the legislative intent set forth in this section and shall not be interpreted to limit the powers granted to the director by other provisions of the law.

Laws 1993, LB 583, § 42.
Neb. Rev. Stat. § 44-2135 — NE Code / Chapter 44 / Section 44-2135
View Statute 44-2135
Status: in_force

(1) Notwithstanding the control of a domestic insurer by any person, the officers and directors of the insurer shall not thereby be relieved of any obligation or liability to which they would otherwise be subject by law, and the insurer shall be managed so as to assure its separate operating identity consistent with the Insurance Holding Company System Act.

(2) Nothing in this section shall preclude a domestic insurer from having or sharing a common management or cooperative or joint use of personnel, property, or services with one or more other persons under arrangements meeting the standards of subsection (1) of section 44-2133 .

(3) Not less than one-third of the directors of a domestic insurer which is a member of an insurance holding company system shall be persons who are not officers or employees of such insurer or of any entity controlling, controlled by, or under common control with such insurer and who are not beneficial owners of a controlling interest in the voting stock of such insurer or any such entity. At least one such person shall be included in any quorum for the transaction of business at any meeting of the board of directors.

(4) Subsection (3) of this section shall not apply to a domestic insurer if the person controlling such insurer, such as an insurer, a mutual insurance holding company, or a publicly held corporation, has a board of directors that meets the requirements of such subsection with respect to such controlling entity.

(5) An insurer may make application to the director for a waiver from the requirements of this section if the insurer's annual direct written and assumed premium, excluding premiums reinsured with the Federal Crop Insurance Corporation and the national flood insurance program as defined in section 31-1014 , is less than three hundred million dollars. An insurer may also make application to the director for a waiver from the requirements of this section based upon unique circumstances. The director may consider various factors including, but not limited to, the type of business entity, volume of business written, availability of qualified board members, or ownership or organizational structure of the entity.

Laws 1991, LB 236, § 15;

Laws 2012, LB887, § 10.
Neb. Rev. Stat. § 44-6915 — NE Code / Chapter 44 / Section 44-6915
View Statute 44-6915
Status: in_force

Preexisting condition means a condition whether physical or mental, regardless of the cause of the condition, for which medical advice, diagnosis, care, or treatment was recommended or received within the six-month period ending on the enrollment date. Genetic information shall not be treated as a condition for which a preexisting condition exclusion may be imposed in the absence of a diagnosis of the condition related to such information.

Laws 1997, LB 862, § 15;

Laws 2000, LB 1253, § 40.
Neb. Rev. Stat. § 55-602 — NE Code / Chapter 55 / Section 55-602
View Statute 55-602
Status: in_force

The Commission on Military and Veteran Affairs shall have the authority to receive and administer funds from state, federal, and other sources. Additionally, the commission shall:

(1) Address matters of military significance to Nebraska;

(2) Maintain a cooperative and constructive relationship between state agencies and the military and veteran entities in Nebraska as necessary to ensure coordination and implementation of unified and comprehensive statewide strategies involved with, or affected by, the military;

(3) Focus on and, when designated, serve as lead agency on:

(a) Defense economic adjustment and transition information and activities;

(b) Exploring operating costs, missions, and strategic value of federal military installations located in the state;

(c) Employment issues for communities that depend on defense bases and defense-related businesses; and

(d) Assistance provided to communities that have experienced a defense-related closure or realignment;

(4) Advise the Governor, the Legislature, and other appropriate governmental officials on all matters in which the military services and the state have mutual interests, needs, and concerns;

(5) Promote and optimize state and United States Department of Defense initiatives that will improve the military value of the Nebraska National Guard, active and reserve military force structure and installations, and the quality of life for military personnel residing in Nebraska;

(6) Partner with local communities to conduct ongoing analyses of current and proposed changes to the mission, military force structure, and alignment of the United States Department of Defense;

(7) Recommend state, federal, and local economic development projects to promote, foster, and support economic progress through a military presence in Nebraska;

(8) Assist the private sector in developing derivative investments, employment, and educational opportunities associated with high technology programs and activities at Nebraska’s military installations;

(9) Partner with local communities to develop methods to improve private and public employment opportunities for former members of the military and their families residing in this state; and

(10) Identify and support ways to provide sound infrastructure, adequate housing, education, and transition support into Nebraska’s workforce for military members and their families, retired military personnel, and veterans.

Laws 2016, LB754, § 2.
Neb. Rev. Stat. § 30-2901 — NE Code / Chapter 30 / Section 30-2901
View Statute 30-2901
Status: in_force

(a) This code shall become operative on January 1, 1977.

(b) Except as provided elsewhere in this code, on the operative date of this code:

(1) the code applies to any wills of decedents dying thereafter;

(2) the code applies to any proceedings in court then pending or thereafter commenced regardless of the time of the death of decedent except to the extent that in the opinion of the court the former procedure should be made applicable in a particular case in the interest of justice or because of infeasibility of application of the procedure of this code;

(3) every personal representative including a person administering an estate of a minor or incompetent holding an appointment on that date, continues to hold the appointment but has only the powers conferred by this code and is subject to the duties imposed with respect to any act occurring or done thereafter;

(4) an act done before the operative date in any proceeding and any accrued right is not impaired by this code. If a right is acquired, extinguished or barred upon the expiration of a prescribed period of time which has commenced to run by the provisions of any statute before the operative date, the provisions shall remain in force with respect to that right.

Laws 1974, LB 354, § 314, UPC § 8-101.

The new code applies to any wills of decedents dying subsequent to the effective date of code. In re Estate of Florey, 212 Neb. 665, 325 N.W.2d 643 (1982).

The new code applies to any wills of decedents dying subsequent to the effective date of code. In re Estate of Florey, 212 Neb. 665, 325 N.W.2d 643 (1982).

This provision makes it clear that estates filed for probate after the effective date of the 1977 Nebraska Probate Code are governed by the provisions of the 1977 Nebraska Probate Code. Jacobson v. Nemesio, 204 Neb. 180, 281 N.W.2d 552 (1979).

This provision makes it clear that estates filed for probate after the effective date of the 1977 Nebraska Probate Code are governed by the provisions of the 1977 Nebraska Probate Code. Jacobson v. Nemesio, 204 Neb. 180, 281 N.W.2d 552 (1979).

Under this provision, the statute of limitations of the old probate code would have barred this action in Nebraska courts. Therefor, the action against the estate is also barred in federal court after the statute has run. Greyhound Lines v. Lexington State Bank & Trust, 604 F.2d 1151 (8th Cir. 1979).

Under this provision, the statute of limitations of the old probate code would have barred this action in Nebraska courts. Therefor, the action against the estate is also barred in federal court after the statute has run. Greyhound Lines v. Lexington State Bank & Trust, 604 F.2d 1151 (8th Cir. 1979).
Neb. Rev. Stat. § 23-3626 — NE Code / Chapter 23 / Section 23-3626
View Statute 23-3626
Status: in_force

Whenever any city or village annexes all of the land encompassing a sewerage disposal system and plant or plants constructed, improved, or extended by a county pursuant to the County Industrial Sewer Construction Act, the annexing city or village shall succeed to all the property and property rights of every kind, contracts, obligations, and choses in action of every kind, held by or belonging to the county with regard to the sewerage disposal system and plant or plants, and the city or village shall be liable for and recognize, assume, and carry out all valid contracts and obligations of the county with regard to the sewerage system and plant or plants. All taxes, assessments, claims, and demands of every kind due or owing to the county with regard to the sewerage disposal system and plant or plants shall be paid to and collected by the city or village. Any special assessments which the county was authorized to levy, assess, relevy, or reassess, but which were not levied, assessed, relevied, or reassessed at the time of the annexation for improvements made by the county pursuant to such act, may be levied, assessed, relevied, or reassessed by the annexing city or village to the same extent as the county may have levied or assessed prior to the annexation.

Laws 1994, LB 1139, § 26.
Neb. Rev. Stat. § 55-406 — NE Code / Chapter 55 / Section 55-406
View Statute 55-406
Status: in_force

This code shall be applicable in all places where military forces are present with any personnel who are on orders to be in the active service of the state.

Laws 1969, c. 458, § 6, p. 1555.