FrankGoortani/open-us-law huggingface dataset:
Neb. Rev. Stat. § 38-321 — NE Code / Chapter 71 / Section 38-321
38-321
Status: in_force

The department, with the recommendation of the board, shall adopt and promulgate rules and regulations to administer the Alcohol and Drug Counseling Practice Act, including rules and regulations governing:

(1) Ways of clearly identifying students, interns, and other persons providing alcohol and drug counseling under supervision;

(2) The rights of persons receiving alcohol and drug counseling;

(3) The rights of clients to gain access to their records, except that records relating to substance abuse may be withheld from a client if an alcohol and drug counselor determines, in his or her professional opinion, that release of the records to the client would not be in the best interest of the client or would pose a threat to another person, unless the release of the records is required by court order;

(4) The contents and methods of distribution of disclosure statements to clients of alcohol and drug counselors; and

(5) Standards of professional conduct and a code of ethics.

Laws 2004, LB 1083, § 125;

R.S.Supp.,2006, § 71-1,361;

Laws 2007, LB463, § 172;

Laws 2018, LB1034, § 7.
Neb. Rev. Stat. § 48-622.02 — NE Code / Chapter 48 / Section 48-622.02
View Statute 48-622.02
Status: in_force

The Nebraska Training and Support Cash Fund is created. The fund terminates on July 1, 2025, and the State Treasurer shall transfer any money in the fund on such date to the Workforce Development Program Cash Fund. Grants awarded from the Nebraska Training and Support Cash Fund prior to the transfer but remaining unpaid on July 1, 2025, may be paid from the Workforce Development Program Cash Fund if all conditions of the grant award have been met.

Laws 1994, LB 1337, § 5;

Laws 1995, LB 7, § 49;

Laws 2009, LB631, § 3;

Laws 2012, LB911, § 1;

Laws 2014, LB997, § 2;

Laws 2016, LB1110, § 13;

Laws 2017, LB172, § 22;

Laws 2023, LB191, § 11;

Laws 2024, LB1413, § 38;

Laws 2025, LB265, § 10.
Neb. Rev. Stat. § 38-1231 — NE Code / Chapter 38 / Section 38-1231
View Statute 38-1231
Status: in_force

The Emergency Medical Services Practice Act or the rules or regulations shall not be construed to authorize or require giving any medical treatment to a person who objects to such treatment on religious or other grounds or to authorize the transportation of such person to a medical facility.

Laws 1997, LB 138, § 22;

R.S.1943, (2003), § 71-5193;

Laws 2007, LB463, § 515.
Neb. Rev. Stat. § 67-252 — NE Code / Chapter 67 / Section 67-252
View Statute 67-252
Status: in_force

(a) Except as provided in subsection (b) of this section, a person who makes a contribution to a business enterprise and erroneously but in good faith believes that he or she has become a limited partner in the enterprise is not a general partner in the enterprise and is not bound by its obligations by reason of making the contribution, receiving distributions from the enterprise, or exercising any rights of a limited partner if within a reasonable time, not less than thirty days, after ascertaining the mistake he or she:

(1) Causes an appropriate certificate of limited partnership or a certificate of amendment to be executed and filed; or

(2) Takes the necessary action to withdraw from the enterprise.

(b) A person who makes a contribution of the kind described in subsection (a) of this section is liable as a general partner to any third party who transacts business with the enterprise prior to the occurrence of either of the events referred to in such subsection if (1) such person knew or should have known either that no certificate has been filed or that the certificate inaccurately refers to him or her as a general partner and (2) the third party actually believed in good faith that such person was a general partner at the time of the transaction, acted in reasonable reliance on such belief, and extended credit to the enterprise in reasonable reliance on the credit of such person.

Laws 1981, LB 272, § 20;

Laws 1989, LB 482, § 27.
Neb. Rev. Stat. § 38-2049 — NE Code / Chapter 38 / Section 38-2049
View Statute 38-2049
Status: in_force

(1) The department, with the recommendation of the board, shall issue licenses to persons who are graduates of an approved program and have passed a proficiency examination.

(2) The department, with the recommendation of the board, shall issue temporary licenses under this subsection to persons who have successfully completed an approved program but who have not yet passed a proficiency examination. Any temporary license issued pursuant to this subsection shall be issued for a period not to exceed one year and under such conditions as determined by the department, with the recommendation of the board. The temporary license issued under this subsection may be extended by the department, with the recommendation of the board.

(3) Physician assistants approved by the board prior to April 16, 1985, shall not be required to complete the proficiency examination.

(4) An applicant who is a military spouse applying for a license to practice as a physician assistant may apply for a temporary license as provided in section 38-129.01 .

Laws 1973, LB 101, § 5;

R.S.Supp.,1973, § 85-179.08;

Laws 1985, LB 132, § 5;

Laws 1996, LB 1108, § 10;

R.S.1943, (2003), § 71-1,107.19;

Laws 2007, LB463, § 707;

Laws 2009, LB195, § 44;

Laws 2017, LB88, § 64.

Credentialing, general requirements and issuance procedures, see section 38-121 et seq.
Neb. Rev. Stat. § 44-4105 — NE Code / Chapter 44 / Section 44-4105
View Statute 44-4105
Status: in_force

Participant or participant in an insurance arrangement shall mean any employer, union, or other organization providing health care services or benefits to its employees or members through an insurance arrangement.

Laws 1984, LB 902, § 5.
Neb. Rev. Stat. § 38-2139 — NE Code / Chapter 38 / Section 38-2139
View Statute 38-2139
Status: in_force

In addition to the grounds for disciplinary action found in sections 38-178 and 38-179 , a credential or privilege to practice or multistate authorization in Nebraska subject to the Mental Health Practice Act may be denied, refused renewal, limited, revoked, or suspended or have other disciplinary measures taken against it in accordance with section 38-196 when the applicant, licensee, or privilege holder fails to disclose the information required by section 38-2123 , 38-2129 , or 38-2142 , the Licensed Professional Counselors Interstate Compact, or the Social Worker Licensure Compact.

Laws 2007, LB463, § 756;

Laws 2022, LB752, § 21;

Laws 2024, LB605, § 23;

Laws 2024, LB932, § 8.

Licensed Professional Counselors Interstate Compact, see section 38-4201 .

Social Worker Licensure Compact, see section 38-4501 .
Neb. Rev. Stat. § 42-364.11 — NE Code / Chapter 42 / Section 42-364.11
View Statute 42-364.11
Status: in_force

For the purposes of sections 42-364.01 to 42-364.14 , unless the context otherwise requires:

(1) Earnings shall mean compensation paid or payable for personal services, whether denominated as wages, salary, commission, bonus, or otherwise, and shall include any periodic payments pursuant to a pension or a retirement program and any payments made to an independent contractor for services performed;

(2) Disposable earnings shall mean that part of the earnings of any individual remaining after the deduction from those earnings of any amounts required by law to be withheld, excepting the amounts required to be deducted and withheld pursuant to sections 42-357 and 42-363 to 42-365 or those provisions allowing garnishment, attachment, or execution;

(3) Employer shall mean any person, partnership, limited liability company, firm, corporation, association, political subdivision, or department of the state in possession of earnings;

(4) Employee shall mean any person who is compensated by an employer for services performed, regardless of how such compensation is denominated, and shall include independent contractors who receive compensation for services;

(5) Workweek shall mean any seven consecutive days during which a parent-employee performs work, provides services, or sells goods or services for an employer; and

(6) Pay period shall mean that regular interval of time, whether it be daily, weekly, biweekly, semimonthly, monthly, or some other regular interval, for which an employer pays earnings to a parent-employee.

Laws 1974, LB 1015, § 16;

Laws 1983, LB 371, § 8;

Laws 1993, LB 121, § 215;

Laws 2004, LB 1207, § 26.
Neb. Rev. Stat. § 28-413 — NE Code / Chapter 28 / Section 28-413
View Statute 28-413
Status: in_force

Controlled substances listed in Schedules I and II of section 28-405 shall be distributed by a registrant to another registrant pursuant to an order form or the electronic controlled substance ordering system of the administration.

Compliance with the provisions of the Controlled Substances Act, 21 U.S.C. 801 et seq., as such act existed on January 1, 2014, respecting order forms shall be deemed compliance with this section.

Laws 1977, LB 38, § 73;

Laws 2001, LB 398, § 11;

Laws 2014, LB811, § 5.
Neb. Rev. Stat. § 44-5247 — NE Code / Chapter 44 / Section 44-5247
View Statute 44-5247
Status: in_force

Premium shall mean all money paid by a small employer and eligible employees as a condition of receiving coverage from a small employer carrier, including any fees or other contributions associated with the health benefit plan.

Laws 1994, LB 1222, § 25.
Neb. Rev. Stat. § 70-733 — NE Code / Chapter 70 / Section 70-733
View Statute 70-733
Status: in_force

The Secretary of State shall charge and collect for (1) filing articles of incorporation and issuing a certificate of incorporation, three dollars; (2) filing of articles of amendment and issuing a certificate of amendment, two dollars; (3) filing articles of consolidation and issuing a certificate with respect thereto, ten dollars; and (4) filing articles of dissolution, five dollars.

Laws 1937, c. 50, § 29, p. 212;

C.S.Supp.,1941, § 70-829;

R.S.1943, § 70-733.
Neb. Rev. Stat. § 44-6204 — NE Code / Chapter 44 / Section 44-6204
View Statute 44-6204
Status: in_force

For purposes of the Assumption Reinsurance Act:

(1) Assuming insurer shall mean the insurer which acquires an insurance obligation or risk from the transferring insurer pursuant to an assumption reinsurance agreement;

(2) Assumption reinsurance agreement shall mean any contract which both:

(a) Transfers insurance obligations or risks of existing contracts of insurance or contracts of insurance which are in force from a transferring insurer to an assuming insurer; and

(b) Is intended to effect a novation of the transferred contract of insurance with the result that the assuming insurer becomes directly liable to the policyholders of the transferring insurer and the transferring insurer's insurance obligations or risks under such contract of insurance are extinguished;

(3) Contract of insurance shall mean any written agreement between an insurer and policyholder pursuant to which the insurer, in exchange for premium or other consideration, agrees to assume an obligation or risk of the policyholder or to make payments on behalf of or to the policyholder or its beneficiaries. The term shall include all lines of insurance specified in section 44-201 ;

(4) Director shall mean the Director of Insurance;

(5) Notice of transfer shall mean the written notice to the policyholders required by section 44-6205 ;

(6) Policyholder shall mean any individual or entity which has the right to terminate or otherwise alter the terms of a contract of insurance. The term shall include any certificate holder whose certificate is in force on the proposed effective date of the assumption if the certificate holder has the right to keep the certificate in force without change in benefit following termination of the group policy. Such rights to keep the certificate in force shall not include the right to elect individual coverage under sections 44-1640 to 44-1645 or the federal Consolidated Omnibus Budget Reconciliation Act, section 601 et seq., of the federal Employee Retirement Income Security Act of 1974, as amended, 29 U.S.C. 1161 et seq.; and

(7) Transferring insurer shall mean the insurer which transfers an insurance obligation or risk to an assuming insurer pursuant to an assumption reinsurance agreement.

Laws 1993, LB 583, § 65.
Neb. Rev. Stat. § 39-1405 — NE Code / Chapter 39 / Section 39-1405
View Statute 39-1405
Status: in_force

(1) All public streets of unincorporated villages are a part of the public roads and shall be worked and maintained by the respective county or township authorities.

(2) The county board may, after the clearance of snow and ice from the county road system, clear snow and ice from all public streets of incorporated sanitary and improvement districts in the same manner as if such streets were part of the county road system.

Any county board performing such snow and ice clearance in a sanitary and improvement district shall not be held liable for any damages arising from such snow and ice clearance unless damages arise as a result of gross negligence.

(3) The county board of commissioners in counties having a population of sixty thousand inhabitants or more may enter into contracts with incorporated associations of homeowners representing at least fifty individual housing units which are located wholly within the county and are not part of any sanitary and improvement district or incorporated municipality for the provision of road maintenance services or snow and ice removal services on nonpublic roads which serve the homeowner association. Such contracts shall provide for payment to the county of an amount which fairly represents the cost to the county of providing such additional services.

Laws 1957, c. 155, art. I, § 5, p. 509;

Laws 1975, LB 211, § 1;

Laws 1986, LB 1131, § 1;

Laws 1994, LB 501, § 5.

Subsection (1) of this section requires counties to maintain the public roads within unincorporated villages. Subsection (2) of this section permits, but does not obligate, a county to perform snow and ice clearance in a sanitary and improvement district. State ex rel. Scherer v. Madison Cty. Comrs., 247 Neb. 384, 527 N.W.2d 615 (1995).

Subsection (1) of this section requires counties to maintain the public roads within unincorporated villages. Subsection (2) of this section permits, but does not obligate, a county to perform snow and ice clearance in a sanitary and improvement district. State ex rel. Scherer v. Madison Cty. Comrs., 247 Neb. 384, 527 N.W.2d 615 (1995).
Neb. Rev. Stat. § 2-4006 — NE Code / Chapter 2 / Section 2-4006
View Statute 2-4006
Status: in_force

The member serving district 1 as it existed prior to May 18, 2011, shall assume the role of serving district 1 as defined by section 2-4004 , and his or her term shall expire on July 1, 2014. The member serving district 3 as it existed prior to May 18, 2011, shall assume the role of serving new district 2 as defined by section 2-4004 , and his or her term shall expire on July 1, 2013. The member serving as the at-large member prior to May 18, 2011, shall assume the role of serving district 3 as defined by section 2-4004 , and his or her term shall expire on July 1, 2013. The Governor shall appoint a member to serve district 4 as defined by section 2-4004 , and the term of such member shall expire on July 1, 2012. The member serving district 2 as it existed prior to May 18, 2011, shall assume the role of serving as the at-large member appointed by the board as defined by section 2-4004 , and his or her term shall expire on July 1, 2012. The member serving district 4 as it existed prior to May 18, 2011, shall assume the role of serving as an at-large member appointed by the Governor as defined by section 2-4004 , and the term of such member shall expire on July 1, 2013. The member serving district 5 as it existed prior to May 18, 2011, shall assume the role of serving as an at-large member appointed by the Governor as defined by section 2-4004 , and the term of such member shall expire on July 1, 2014.

Laws 1981, LB 11, § 6;

Laws 2011, LB107, § 3.
Neb. Rev. Stat. § 38-2010 — NE Code / Chapter 38 / Section 38-2010
View Statute 38-2010
Status: in_force

Board means the Board of Medicine and Surgery.

Laws 2007, LB463, § 668.
Neb. Rev. Stat. § 55-463 — NE Code / Chapter 55 / Section 55-463
View Statute 55-463
Status: in_force

Any warrant officer or enlisted member who:

(1) Strikes or assaults a warrant officer or noncommissioned officer while that officer is in the execution of his office;

(2) Willfully disobeys the lawful order of a warrant officer or noncommissioned officer; or

(3) Treats with contempt or is disrespectful in language or deportment toward a warrant officer or noncommissioned officer while that officer is in the execution of his office, shall be punished as a court-martial may direct.

Laws 1969, c. 458, § 63, p. 1577.
Neb. Rev. Stat. § 54-2418 — NE Code / Chapter 54 / Section 54-2418
View Statute 54-2418
Status: in_force

The department shall (1) administer the animal feeding operation permitting program in accordance with the National Pollutant Discharge Elimination System of the federal Clean Water Act, 33 U.S.C. 1251 et seq., through the Environmental Protection Act, the Livestock Waste Management Act, and the rules and regulations adopted and promulgated pursuant to such acts and (2) administer the state program for construction and operating permits and major modification approval for animal feeding operations and livestock waste control facilities provided under the Environmental Protection Act, the Livestock Waste Management Act, and the rules and regulations adopted and promulgated pursuant to such acts.

Laws 2004, LB 916, § 7;

Laws 2006, LB 975, § 3.

Environmental Protection Act, see section 81-1532 .
Neb. Rev. Stat. § 60-1401.24 — NE Code / Chapter 60 / Section 60-1401.24
View Statute 60-1401.24
Status: in_force

(1) Manufacturer means any person, whether a resident or nonresident of this state, who is engaged in the business of distributing, manufacturing, or assembling a line-make of new motor vehicles, trailers, or motorcycles, and includes any such person who distributes such motor vehicles, trailers, or motorcycles directly or indirectly through one or more distributors to one or more new motor vehicle, trailer, or motorcycle dealers in this state.

(2) Manufacturer has the same meaning as the term franchisor.

(3) Manufacturer also includes a central or principal sales corporation or other entity through which, by contractual agreement or otherwise, a manufacturer distributes its products.

Laws 2010, LB816, § 36;

Laws 2024, LB1200, § 55.
Neb. Rev. Stat. § 38-190 — NE Code / Chapter 71 / Section 38-190
38-190
Status: in_force

(1) Any petition filed pursuant to section 38-186 may, at any time prior to the entry of any order by the director, be disposed of by stipulation, agreed settlement, consent order, or similar method as agreed to between the parties. A proposed settlement shall be submitted and considered in camera and shall not be a public record unless accepted by the director. The director may review the input provided to the Attorney General by the board pursuant to subsection (2) of this section. If the settlement is acceptable to the director, he or she shall make it the sole basis of any order he or she enters in the matter, and it may be modified or added to by the director only upon the mutual consent of both of the parties thereto. If the settlement is not acceptable to the director, it shall not be admissible in any subsequent hearing and it shall not be considered in any manner as an admission.

(2) The Attorney General shall not enter into any agreed settlement or dismiss any petition without first having given notice of the proposed action and an opportunity to the appropriate board to provide input into the terms of the settlement or on dismissal. The board shall have fifteen days from the date of the Attorney General's request to respond, but the recommendation of the board, if any, shall not be binding on the Attorney General. Meetings of the board for such purpose shall be in closed session, and any recommendation by the board to the Attorney General shall not be a public record until the pending action is complete, except that if the director reviews the input provided to the Attorney General by the board as provided in subsection (1) of this section, the credential holder shall also be provided a copy of the input and opportunity to respond in such manner as the director determines.

Laws 1976, LB 877, § 8;

Laws 1988, LB 1100, § 22;

Laws 1991, LB 456, § 16;

Laws 1994, LB 1223, § 8;

Laws 1996, LB 1044, § 389;

Laws 1999, LB 828, § 44;

R.S.1943, (2003), § 71-161.03;

Laws 2007, LB296, § 311;

Laws 2007, LB463, § 90.
Neb. Rev. Stat. § 38-137 — NE Code / Chapter 38 / Section 38-137
View Statute 38-137
Status: in_force

(1) All questions, the answer key, and the examinees' answers connected with any examination for credentialing shall be maintained by the department, national organization, or testing service for a period of two years from the date of administration of the examination.

(2) When national examinations are accepted for credentialing, the department shall obtain from the national organization or testing service documentation that the examination development and maintenance process meets generally accepted standards for test development and maintenance.

(3) The department, with the recommendation of the appropriate board, may:

(a) Specify credentialing examination application procedures;

(b) Provide for the review of procedures for the development of examinations;

(c) Provide for the administration of all or separate components of examinations; and

(d) Protect the security of the content of examination questions and answers.

(4) The appropriate board may specify eligibility for taking the credentialing examination. In determining such eligibility, the board shall consider the practices of other states but shall determine such eligibility standards based on the extent to which completion of a course of study prior to examination is necessary to assure that applicants for credentials meet minimum standards of proficiency and competency for the protection of the health and safety of the public.

Laws 1927, c. 167, § 38, p. 463;

C.S.1929, § 71-414;

R.S.1943, § 71-138;

Laws 1969, c. 560, § 4, p. 2280;

Laws 1978, LB 406, § 10;

Laws 1979, LB 427, § 29;

Laws 1986, LB 286, § 42;

Laws 1986, LB 579, § 34;

Laws 1986, LB 926, § 22;

Laws 1987, LB 473, § 14;

Laws 1990, LB 1064, § 7;

Laws 1991, LB 703, § 16;

Laws 1999, LB 828, § 36;

R.S.1943, (2003), § 71-138;

Laws 2007, LB463, § 37.
Neb. Rev. Stat. § 71-630 — NE Code / Chapter 71 / Section 71-630
View Statute 71-630
Status: in_force

(1) A birth or death certificate filed with the department may be amended only in accordance with this section and sections 71-635 to 71-644 and rules and regulations adopted pursuant thereto by the department as necessary and proper to protect the integrity and accuracy of records of vital statistics.

(2) A certificate that is amended under this section shall have a properly dated reference placed on the face of the certificate and state that it is amended, except as provided in subsection (4) of this section.

(3) Upon receipt of a certified copy of a court order changing the name of a person born in this state and upon request of such person or his or her parent, guardian, or legal representative, the department shall amend the certificate of birth to reflect the change in name.

(4) Upon request and receipt of a sworn acknowledgment of paternity of a child born out of wedlock signed by both parents, the department shall amend the certificate of birth to show such paternity if paternity is not shown on the birth certificate. Such certificate shall not be marked amended.

Laws 1947, c. 234, § 1, p. 740;

Laws 1959, c. 323, § 8, p. 1183;

Laws 1971, LB 245, § 1;

Laws 1996, LB 1044, § 542;

Laws 1997, LB 307, § 162;

Laws 2007, LB296, § 436.