FrankGoortani/open-us-law huggingface dataset:
Neb. Rev. Stat. § 68-1910 — NE Code / Chapter 68 / Section 68-1910
View Statute 68-1910
Status: in_force

Medicare day means any day of resident stay funded by medicare as the payment source and includes a day funded under Medicare Part A, under a Medicare Advantage or special needs plan, or under medicare hospice.

Laws 2011, LB600, § 10.
Neb. Rev. Stat. § 69-1321 — NE Code / Chapter 69 / Section 69-1321
View Statute 69-1321
Status: in_force

(a) The State Treasurer or his or her designee, after receiving reports of property deemed abandoned pursuant to the Uniform Disposition of Unclaimed Property Act, may decline to receive any property reported which he or she deems to have a value less than the cost of giving notice and holding sale, or he or she may, if he or she deems it desirable because of the small sum involved, postpone taking possession until a sufficient sum accumulates. Unless the holder of the property is notified to the contrary within one hundred twenty days after filing the report required under section 69-1310 , the State Treasurer or his or her designee shall be deemed to have elected to receive the custody of the property.

(b) A holder may pay or deliver property before the property is presumed abandoned with written consent of the State Treasurer or his or her designee and upon conditions and terms prescribed by the State Treasurer or his or her designee. Property paid or delivered under this subsection shall be held by the State Treasurer and is not presumed abandoned until such time as it otherwise would be presumed abandoned under the act.

Laws 1969, c. 611, § 21, p. 2489;

Laws 1992, Third Spec. Sess., LB 26, § 18;

Laws 2019, LB406, § 5.
Neb. Rev. Stat. § 25-1669 — NE Code / Chapter 25 / Section 25-1669
25-1669
Status: in_force

(1) When the law requires that a grand jury be empaneled or when ordered by the judge or judges, the jury commissioner shall draw grand jurors pursuant to this section.

(2) The jury commissioner shall draw by chance forty names, or such other number as directed by the judge or judges, of persons the jury commissioner has investigated and determined to be qualified pursuant to section 25-1668 . The jury commissioner shall then prepare a list of such names. Such list shall also contain the place of residence and occupation of each person on the list.

(3) The jury commissioner shall notify or summon persons selected under subsection (2) of this section as directed by the judge or judges.

(4) The list of names drawn pursuant to subsection (2) of this section shall then be turned over by the jury commissioner to a board to consist of the jury commissioner, the presiding judge of the district court, and one other person whom the presiding judge shall designate. The presiding judge shall be the chairperson. Such board shall select from such list the names of sixteen persons to serve as grand jurors and the names of three additional persons to serve as alternate jurors.

(5) The alternate jurors shall sit with the grand jury and participate in all investigative proceedings to the same extent as the regular grand jurors. Alternate grand jurors shall be permitted to question witnesses, review evidence, and participate in all discussions of the grand jury which occur prior to the conclusion of presentation of evidence. When the grand jury has determined that no additional evidence is necessary for its investigation, the alternate grand jurors shall be separated from the regular grand jurors and shall not participate in any further discussions, deliberations, or voting of the grand jury unless one or more of the regular grand jurors is or are excused because of illness or other sufficient reason. Such alternate jurors shall fill vacancies in the order of their selection.

Laws 1915, c. 248, § 9, p. 572;

Laws 1921, c. 113, § 1, p. 393;

C.S.1922, § 9103;

C.S.1929, § 20-1633;

Laws 1939, c. 18, § 17, p. 108;

C.S.Supp.,1941, § 20-1633;

R.S.1943, § 25-1633;

Laws 1953, c. 72, § 12(1), p. 232;

Laws 1999, LB 72, § 1;

R.S.1943, (2016), § 25-1633;

Laws 2020, LB387, § 26.

In selection of grand jury, names can be drawn from more than one panel. State v. Abboud, 181 Neb. 84, 147 N.W.2d 152 (1966).

In selection of grand jury, names can be drawn from more than one panel. State v. Abboud, 181 Neb. 84, 147 N.W.2d 152 (1966).
Neb. Rev. Stat. § 71-2102 — NE Code / Chapter 71 / Section 71-2102
View Statute 71-2102
Status: in_force

The Legislature finds that abusive head trauma may occur when an infant or child is violently shaken as part of a pattern of abuse or because an adult has momentarily succumbed to the frustration of responding to a crying infant or child. The Legislature further finds that the injuries sustained by the infant or child can include brain swelling and damage, subdural hemorrhage, intellectual disability, or death. The Legislature further finds and declares that there is a present and growing need to provide programs aimed at reducing the number of cases of abusive head trauma in infants and children in Nebraska.

Laws 2006, LB 994, § 148;

Laws 2013, LB23, § 33;

Laws 2019, LB60, § 2.
Neb. Rev. Stat. § 48-823 — NE Code / Chapter 48 / Section 48-823
View Statute 48-823
Status: in_force

The Industrial Relations Act and all grants of power, authority, and jurisdiction made in such act to the commission shall be liberally construed to effectuate the public policy enunciated in section 48-802 . All incidental powers necessary to carry into effect the Industrial Relations Act are hereby granted to and conferred upon the commission.

Laws 1947, c. 178, § 23, p. 594;

Laws 1986, LB 809, § 9.

Supervisory or managerial personnel may not enter into a bargaining unit with rank and file employees and may not retain the same bargaining agent. Nebraska Assn. of Pub. Emp. v. Nebraska Game & Parks Commission, 197 Neb. 178, 247 N.W.2d 449 (1976).

Supervisory or managerial personnel may not enter into a bargaining unit with rank and file employees and may not retain the same bargaining agent. Nebraska Assn. of Pub. Emp. v. Nebraska Game & Parks Commission, 197 Neb. 178, 247 N.W.2d 449 (1976).
Neb. Rev. Stat. § 30-2201 — NE Code / Chapter 30 / Section 30-2201
View Statute 30-2201
Status: in_force

Sections 30-401 to 30-406 , 30-701 to 30-713 , 30-2201 to 30-2902 , 30-3901 to 30-3923 , 30-4001 to 30-4045 , and 30-4201 to 30-4210 and the Public Guardianship Act shall be known and may be cited as the Nebraska Probate Code.

Laws 1974, LB 354, § 1, UPC § 1-101;

Laws 1985, LB 292, § 1;

Laws 1993, LB 250, § 33;

Laws 1993, LB 782, § 2;

Laws 1997, LB 466, § 2;

Laws 1999, LB 100, § 1;

Laws 2010, LB758, § 1;

Laws 2011, LB157, § 28;

Laws 2012, LB1113, § 46;

Laws 2014, LB788, § 8;

Laws 2014, LB920, § 19;

Laws 2014, LB998, § 7;

Laws 2015, LB43, § 1;

Laws 2015, LB422, § 1;

Laws 2016, LB934, § 13;

Laws 2018, LB845, § 15;

Laws 2020, LB966, § 10.

Public Guardianship Act, see section 30-4101 .

Appeals of matters arising under the Nebraska Probate Code are reviewed for error on the record. In re Guardianship of Brenda B. et al., 13 Neb. App. 618, 698 N.W.2d 228 (2005).

Appeals of matters arising under the Nebraska Probate Code are reviewed for error on the record. In re Guardianship of Brenda B. et al., 13 Neb. App. 618, 698 N.W.2d 228 (2005).
Neb. Rev. Stat. § 38-1136 — NE Code / Chapter 38 / Section 38-1136
View Statute 38-1136
Status: in_force

(1) Any licensed dentist, public institution, or school may employ licensed dental hygienists and expanded function dental hygienists.

(2) The department, with the recommendation of the board, shall adopt and promulgate rules and regulations governing the performance of duties by licensed dental hygienists and expanded function dental hygienists. The rules and regulations shall include the degree of supervision which must be provided by a licensed dentist and the education and proof of competency requirements that must be met for any procedures performed by a licensed dental hygienist or an expanded function dental hygienist.

(3) No person shall practice dental hygiene in this state unless he or she holds a license as a licensed dental hygienist under the Dentistry Practice Act.

(4) No person shall practice expanded function dental hygiene in this state unless he or she holds a permit as an expanded function dental hygienist under the act.

(5) A licensed dentist shall only delegate duties to a licensed dental hygienist or an expanded function dental hygienist in accordance with rules and regulations adopted and promulgated pursuant to the Dentistry Practice Act. The licensed dentist supervising a licensed dental hygienist or an expanded function dental hygienist shall be responsible for patient care for each patient regardless of whether the patient care is rendered personally by the dentist or by a licensed dental hygienist or an expanded function dental hygienist.

Laws 1971, LB 587, § 14;

Laws 1996, LB 1044, § 414;

Laws 1999, LB 800, § 4;

Laws 1999, LB 828, § 74;

R.S.1943, (2003), § 71-193.14;

Laws 2007, LB463, § 469;

Laws 2017, LB18, § 21.
Neb. Rev. Stat. § 30-3842 — NE Code / Chapter 30 / Section 30-3842
View Statute 30-3842
Status: in_force

(UTC 416) To achieve the settlor's tax objectives, the court may modify the terms of a trust in a manner that is not contrary to the settlor's probable intention. The court may provide that the modification has retroactive effect.

Laws 2003, LB 130, § 42.
Neb. Rev. Stat. § 39-2210 — NE Code / Chapter 39 / Section 39-2210
View Statute 39-2210
Status: in_force

The commission, subject to such agreements with bondholders as may then prevail, shall have the power out of any money available therefor to purchase the bonds for retirement.

Laws 1969, c. 309, § 10, p. 1110.
Neb. Rev. Stat. § 2-1581 — NE Code / Chapter 2 / Section 2-1581
View Statute 2-1581
Status: in_force

Payments may be made from the Nebraska Soil and Water Conservation Fund to the owners of private land for the purpose of adopting or implementing practices or measures to reduce the consumptive use of water in river basins in which an interstate agreement, compact, or decree could require reduction in water usage.

Payments made pursuant to this section may be made as part of research, cost-sharing, or other programs implemented by natural resources districts, irrigation districts, or other entities to develop incentive-based practices or measures to reduce the consumptive use of water.

Payments made pursuant to this section shall be in accordance with terms and conditions established by the commission. The commission may establish terms and conditions for receipt of payments under this section which are different than those established for receipt of payments pursuant to section 2-1579 .

Laws 2003, LB 619, § 2.
Neb. Rev. Stat. § 9-431 — NE Code / Chapter 9 / Section 9-431
9-431
Status: in_force

Each licensed organization conducting a lottery or raffle conducted pursuant to the Nebraska Lottery and Raffle Act shall have its name and identification number clearly printed on each lottery or raffle ticket or stub used in such lottery or raffle. No such ticket or stub shall be sold unless such name and identification number is so printed thereon. In addition, all lottery or raffle tickets or stubs shall bear a number, which numbers shall be in sequence and clearly printed on the ticket or stub.

Each ticket or stub shall have an equal chance of being chosen in the drawing. Each ticket or stub shall be constructed of the same material, shall have the same surface, and shall be substantially the same shape, size, form and weight.

Each licensed organization conducting a lottery or raffle shall keep a record of all locations where its tickets or stubs are sold. In addition to other authorized sales, a licensed organization conducting a raffle conducted pursuant to the Nebraska Lottery and Raffle Act may also sell tickets or stubs for such raffles on its website and at events, and such tickets or stubs may be purchased using a debit card online on the website and at events in addition to other authorized methods of payment.

Laws 1984, LB 949, § 62;

R.S.Supp.,1984, § 9-198;

Laws 1986, LB 1027, § 152;

Laws 2020, LB1056, § 3.
Neb. Rev. Stat. § 58-857 — NE Code / Chapter 58 / Section 58-857
View Statute 58-857
Status: in_force

There is hereby established, in accordance with Public Law 94-484 , the Nebraska Health Education Assistance Loan Program, to be financed by the authority in the manner provided in the Nebraska Educational, Health, Cultural, and Social Services Finance Authority Act.

Laws 1983, LB 159, § 7;

Laws 1993, LB 465, § 32;

R.S.1943, (1994), § 79-2954;

Laws 1995, LB 5, § 54;

R.S.1943, (2008), § 85-1754;

Laws 2013, LB170, § 57;

Laws 2019, LB224, § 35.
Neb. Rev. Stat. § 52-147 — NE Code / Chapter 52 / Section 52-147
View Statute 52-147
Status: in_force

(1) A claimant may record a lien which shall be signed by the claimant and state:

(a) The real estate subject to the lien, with a description thereof sufficient for identification;

(b) The name of the person against whose interest in the real estate a lien is claimed;

(c) The name and address of the claimant;

(d) The name and address of the person with whom the claimant contracted;

(e) A general description of the services performed or to be performed or materials furnished or to be furnished for the improvement and the contract price thereof;

(f) The amount unpaid, whether or not due, to the claimant for the services or materials or if no amount is fixed by the contract a good faith estimate of the amount designated as an estimate; and

(g) The time the last services or materials were furnished or if that time has not yet occurred, an estimate of the time.

(2) The name given in the lien in accordance with the requirement of subdivision (1)(b) of this section may be the name of the contracting owner or the name of the record holder of the contracting owner's interest at the time of recording the lien.

Laws 1981, LB 512, § 23.
Neb. Rev. Stat. § 21-293 — NE Code / Chapter 21 / Section 21-293
View Statute 21-293
Status: in_force

(MBCA 8.10) (a) Unless the articles of incorporation provide otherwise, if a vacancy occurs on a board of directors, including a vacancy resulting from an increase in the number of directors:

(1) The shareholders may fill the vacancy;

(2) The board of directors may fill the vacancy; or

(3) If the directors remaining in office constitute fewer than a quorum of the board, they may fill the vacancy by the affirmative vote of a majority of all the directors remaining in office.

(b) If the vacant office was held by a director elected by a voting group of shareholders, only the holders of shares of that voting group are entitled to vote to fill the vacancy if it is filled by the shareholders, and only the directors elected by that voting group are entitled to fill the vacancy if it is filled by the directors.

(c) A vacancy that will occur at a specific later date, by reason of a resignation effective at a later date under subsection (b) of section 21-290 or otherwise, may be filled before the vacancy occurs but the new director may not take office until the vacancy occurs.

Laws 2014, LB749, § 93.
Neb. Rev. Stat. § 12-512.07 — NE Code / Chapter 12 / Section 12-512.07
View Statute 12-512.07
Status: in_force

Any person, firm or corporation violating any of the provisions of sections 12-512.01 to 12-512.08 shall be guilty of a Class IV misdemeanor.

Laws 1955, c. 18, § 5, p. 93;

Laws 1977, LB 40, § 72.
Neb. Rev. Stat. § 21-298 — NE Code / Chapter 21 / Section 21-298
View Statute 21-298
Status: in_force

(MBCA 8.23) (a) A director may waive any notice required by the Nebraska Model Business Corporation Act, the articles of incorporation, or bylaws before or after the date and time stated in the notice. Except as provided by subsection (b) of this section, the waiver must be in writing, signed by the director entitled to the notice, and filed with the minutes or corporate records.

(b) A director's attendance at or participation in a meeting waives any required notice to the director of the meeting unless the director at the beginning of the meeting, or promptly upon arrival, objects to holding the meeting or transacting business at the meeting and does not thereafter vote for or assent to action taken at the meeting.

Laws 2014, LB749, § 98.
Neb. Rev. Stat. § 44-112 — NE Code / Chapter 44 / Section 44-112
View Statute 44-112
Status: in_force

The Department of Insurance shall preserve in a permanent form a record of its proceedings, and the acts and proceedings of its officers, including a concise statement of the results of all investigations or examinations of insurance companies.

Laws 1913, c. 154, § 17, p. 405;

R.S.1913, § 3153;

Laws 1919, c. 190, tit. V, art. III, § 10, p. 583;

C.S.1922, § 7754;

C.S.1929, § 44-210;

R.S.1943, § 44-112.
Neb. Rev. Stat. § 30-4115 — NE Code / Chapter 30 / Section 30-4115
View Statute 30-4115
Status: in_force

(1)(a) The office shall maintain the appropriate personnel and workload scope necessary to fulfill all its responsibilities and duties under the Public Guardianship Act.

(b) The office shall provide appropriate and high-quality care and support, including timely decisionmaking, to all public wards and public protected persons served by the Public Guardian and his or her designees.

(c) Public guardianship and public conservatorship cases shall be managed by the Public Guardian and be served by the multidisciplinary team through a caseload distribution of wards and protected persons that takes into consideration the:

(i) Identified needs of the service population;

(ii) Complexity and status of each case, based upon factors such as the individual’s living situation, the type of guardianship being provided, or the existence of complex medical conditions;

(iii) Size of the geographical area covered;

(iv) Qualifications and professional expertise of each team member;

(v) Availability of auxiliary services by support staff and volunteers;

(vi) Organizational responsibilities; and

(vii) Applicable legal requirements.

(2) The Public Guardian may accept an appointment as a public guardian or public conservator for an individual not to exceed an average ratio of twenty public wards or public protected persons to each member of the multidisciplinary team. When determining such average ratio, all full-time members of the office's multidisciplinary team may be counted.

(3) When the average ratio described in subsection (2) of this section has been reached, the Public Guardian shall not accept further appointments. The Public Guardian, upon reaching the maximum number of appointments, shall notify the State Court Administrator that such maximum number of appointments has been reached.

Laws 2014, LB920, § 15;

Laws 2016, LB934, § 30.
Neb. Rev. Stat. § 69-310 — NE Code / Chapter 69 / Section 69-310
View Statute 69-310
Status: in_force

No person in this state may dispense contact lenses or spectacles, other than over-the-counter spectacles, to a patient without a valid prescription from a provider. A valid prescription for spectacles or contact lenses (1) shall contain an expiration date of not less than two years for spectacles or one year for contact lenses from the date of the eye examination by the provider or a statement by the provider of the reasons why a shorter time is appropriate based on the medical needs of the patient and (2) may not be made based solely on information about the human eye generated by a kiosk. The prescription shall take into consideration any medical findings and any refractive error discovered during the eye examination. A provider may not refuse to release a prescription for spectacles or contact lenses to a patient.

Laws 2016, LB235, § 3.
Neb. Rev. Stat. § 59-1712 — NE Code / Chapter 59 / Section 59-1712
View Statute 59-1712
Status: in_force

Initial payment shall mean the total amount a purchaser is obligated to pay under the terms of the seller-assisted marketing plan contract prior to or at the time of delivery of the equipment, supplies, products, or services or within six months of the purchaser commencing operation of the seller-assisted marketing plan. If the contract sets forth a specific total sale price for purchase of the seller-assisted marketing plan which total price is to be paid partially as a downpayment and then in specific monthly payments, the initial payment shall mean the entire total sale price.

Laws 1979, LB 180, § 12.
Neb. Rev. Stat. § 18-2105 — NE Code / Chapter 14 / Section 18-2105
18-2105
Status: in_force

(1) The governing body of a city or an authority at its direction for the purposes of the Community Development Law may formulate for the city a workable program for utilizing appropriate private and public resources to eliminate or prevent the development or spread of urban blight, to encourage needed urban rehabilitation, to provide for the redevelopment of substandard and blighted areas, or to undertake any or all of such activities or other feasible activities as may be suitably employed to achieve the objectives of such workable program. Such workable program may include, without limitation, provision for (a) the prevention of the spread of blight into areas of the city which are free from blight through diligent enforcement of housing, zoning, and occupancy controls and standards; (b) the rehabilitation or conservation of substandard and blighted areas or portions of such areas by replanning, removing congestion, and providing parks, playgrounds, and other public improvements by encouraging voluntary rehabilitation and by compelling the repair and rehabilitation of deteriorated or deteriorating structures; and (c) the clearance and redevelopment of substandard and blighted areas or portions of such areas.

(2) As part of a workable program formulated under subsection (1) of this section, the governing body of a city or an authority may develop guidelines for the consideration or approval of redevelopment projects that are financed in whole or in part through the division of taxes as provided in section 18-2147 . Such guidelines may establish general goals and priorities for the use of funds from such division of taxes or limitations or restrictions on the use of funds from such division of taxes within such city.

(3) Notwithstanding any other provisions of the Community Development Law, where the local governing body certifies that an area is in need of redevelopment or rehabilitation as a result of flood, fire, hurricane, earthquake, storm, or other catastrophe respecting which the Governor of the state has certified the need for disaster assistance under federal law, the local governing body may approve a redevelopment plan and a redevelopment project with respect to such area without regard to the provisions of the Community Development Law requiring a general plan for the city and notice and public hearing or findings other than as provided in this section.

Laws 1951, c. 224, § 4(2), p. 800;

R.R.S.1943, § 14-1605;

Laws 1957, c. 52, § 6, p. 253;

Laws 1961, c. 61, § 5, p. 231;

R.R.S.1943, § 19-2605;

Laws 1997, LB 875, § 6;

Laws 2023, LB531, § 12.

The Community Development Law gives local governing bodies the discretion to remove blighted designations as they see fit to best serve the sound needs of the community. Prime Realty Dev., Inc. v. City of Omaha, 258 Neb. 72, 602 N.W.2d 13 (1999).

The Community Development Law gives local governing bodies the discretion to remove blighted designations as they see fit to best serve the sound needs of the community. Prime Realty Dev., Inc. v. City of Omaha, 258 Neb. 72, 602 N.W.2d 13 (1999).
Neb. Rev. Stat. § 31-448 — NE Code / Chapter 31 / Section 31-448
View Statute 31-448
Status: in_force

The assessment for benefits to public highways and streets and other public property that may have been benefited, shall be paid out of such fund of the county, city, village or other public corporation involved, as the officers thereof may deem most available for such purpose.

Laws 1911, c. 145, § 1, p. 486;

R.S.1913, § 1912;

C.S.1922, § 1860;

C.S.1929, § 31-548;

R.S.1943, § 31-448.