FrankGoortani/open-us-law huggingface dataset:
Neb. Rev. Stat. § 43-1308 — NE Code / Chapter 43 / Section 43-1308
View Statute 43-1308
Status: in_force

(1) Except as otherwise provided in the Nebraska Indian Child Welfare Act, the designated local board shall:

(a) Conduct a foster care file audit case review at least once every six months for the case of each child in a foster care placement to determine what efforts have been made to carry out the plan or permanency plan for rehabilitation of the foster child and family unit or for permanent placement of such child pursuant to section 43-1312 ;

(b) Submit to the court having jurisdiction over such child for the purposes of foster care placement, within thirty days after the foster care file audit case review, its findings and recommendations regarding the efforts and progress made to carry out the plan or permanency plan established pursuant to section 43-1312 together with any other recommendations it chooses to make regarding the child. The findings and recommendations shall include whether there is a need for continued out-of-home placement, whether the current placement is safe and appropriate, the specific reasons for the findings and recommendations, including factors, opinions, and rationale considered in the foster care file audit case review, whether the grounds for termination of parental rights under section 43-292 appear to exist, and the date of the next foster care file audit case review by the designated local board;

(c) If the return of the child to his or her parents is not likely, recommend referral for adoption and termination of parental rights, guardianship, placement with a relative, or, as a last resort, another planned, permanent living arrangement; and

(d) Promote and encourage stability and continuity in foster care by discouraging unnecessary changes in the placement of foster children and by encouraging the recruitment of foster parents who may be eligible as adoptive parents.

(2) When the office or designated local board determines that the interests of a child in a foster care placement would be served thereby, the office or designated local board may request a court review hearing as provided for in section 43-1313 .

(3) Due to the confidential and protected nature of child-specific and family-specific information regarding mental and behavioral health services, if such information is discussed at a local board meeting or a portion of a meeting, the portion of the meeting at which such information is discussed shall be exempt from the Open Meetings Act.

Laws 1982, LB 714, § 8;

Laws 1985, LB 255, § 41;

Laws 1990, LB 1222, § 7;

Laws 1998, LB 1041, § 38;

Laws 2012, LB998, § 9;

Laws 2015, LB265, § 11.

Nebraska Indian Child Welfare Act, see section 43-1501 .

Open Meetings Act, see section 84-1407 .
Neb. Rev. Stat. § 2-4111 — NE Code / Chapter 2 / Section 2-4111
View Statute 2-4111
Status: in_force

(1) Beginning on July 1, 2021, there is hereby levied an excise tax of one percent of the net market value of dry peas and lentils sold through commercial channels in the State of Nebraska. The tax shall be levied and imposed on the grower at the time of sale or delivery and shall be collected by the first purchaser. Under the Dry Pea and Lentil Resources Act, no dry peas and lentils shall be subject to the tax more than once.

(2) After July 1, 2023, the commission may, whenever it determines that the excise tax levied by this section is yielding more or less than is required to carry out the intent and purposes of the Dry Pea and Lentil Resources Act, reduce or increase such levy for such period as it deems justifiable, but not less than one year, and such levy shall not be less than one percent of net market value and not exceed two percent of the net market value. Any adjustment to the levy shall be by rule and regulation adopted and promulgated by the commission.

Laws 2020, LB803, § 11.
Neb. Rev. Stat. § 60-568 — NE Code / Chapter 60 / Section 60-568
View Statute 60-568
Status: in_force

Sections 60-501 to 60-569 shall be so interpreted and construed as to effectuate their general purpose to make uniform the laws of those states which enact them.

Laws 1949, c. 178, § 68, p. 504.
Neb. Rev. Stat. § 71-1377 — NE Code / Chapter 71 / Section 71-1377
View Statute 71-1377
Status: in_force

(1) A crematory authority shall not cremate human remains until it has received:

(a) A cremation authorization form as provided in subsection (2) of this section;

(b) A completed and executed permit for transit or cremation as provided by the department or the appropriate cremation permit from the state from which the human remains were delivered, indicating that the human remains are to be cremated; and

(c) A delivery receipt form.

(2) A cremation authorization form shall be signed by the authorizing agent and shall include, but not be limited to, the following information:

(a) The name of the deceased;

(b) Date and place of death;

(c) The identity of the funeral director involved in the preparation of the human remains for cremation, if any;

(d) Notification that the death did or did not occur from a disease declared by the department to be infectious, contagious, communicable, or dangerous to the public health;

(e) The name of the authorizing agent and the relationship between the authorizing agent and the deceased;

(f) Authorization by the authorizing agent for the crematory authority to cremate the human remains;

(g) A representation that the authorizing agent is aware of no objection to the human remains being cremated by any person who has a right to control the disposition of the human remains;

(h) A representation that the human remains do not contain any material, implants, or conditions that may be potentially hazardous to equipment or persons performing the cremation;

(i) The name of the person authorized to claim the cremated remains from the crematory authority; and

(j) The intended disposition of the cremated remains.

(3) A crematory authority shall retain, for at least seven years after the cremation, in printed or electronic format, copies of the cremation authorization form, permit for transit or cremation as provided by the department or cremation permit, cremated remains receipt form, delivery receipt form, and any other records required under the Cremation of Human Remains Act.

Laws 2003, LB 95, § 23.
Neb. Rev. Stat. § 30-3201 — NE Code / Chapter 30 / Section 30-3201
View Statute 30-3201
Status: in_force

Except as may be otherwise provided in section 8-318 , or otherwise provided by law or by the instrument creating the fiduciary relationship involved, each and every trustee, guardian, conservator, executor, or administrator, whether appointed by the courts of this state, or acting under authority other than a court appointment, having funds for investment shall comply with the prudent investor rule set forth in sections 30-3883 to 30-3889 .

Laws 1933, c. 64, § 1, p. 299;

Laws 1935, c. 68, § 1, p. 245;

Laws 1937, c. 60, § 1, p. 237;

C.S.Supp.,1941, § 27-601;

Laws 1943, c. 66, § 1, p. 242;

R.S.1943, § 24-601;

Laws 1945, c. 56, § 1, p. 243;

Laws 1947, c. 79, § 1, p. 248;

Laws 1953, c. 67, § 2, p. 213;

Laws 1955, c. 82, § 1, p. 238;

Laws 1959, c. 263, § 9, p. 931;

Laws 1963, c. 134, § 1, p. 505;

Laws 1965, c. 113, § 1, p. 438;

Laws 1975, LB 481, § 8;

R.S.1943, (1985), § 24-601;

Laws 1997, LB 54, § 18;

Laws 2003, LB 130, § 134.

Inherent jurisdiction of district court over trusts conferred by the Constitution is not affected by this section. John A. Creighton Home v. Waltman, 140 Neb. 3, 299 N.W. 261 (1941).

Inherent jurisdiction of district court over trusts conferred by the Constitution is not affected by this section. John A. Creighton Home v. Waltman, 140 Neb. 3, 299 N.W. 261 (1941).
Neb. Rev. Stat. § 14-1803 — NE Code / Chapter 14 / Section 14-1803
View Statute 14-1803
Status: in_force

(1) Any city of the metropolitan class may create by ordinance a transit authority to be managed and controlled by a board of five members which shall be appointed as provided in section 14-1813 and shall have full and exclusive jurisdiction and control over all facilities owned or acquired by such city for a public passenger transportation system. The governing body of such city, in the exercise of its discretion, shall find and determine in the ordinance creating such transit authority that its creation is expedient and necessary. The chairperson of such transit authority shall be paid as compensation for his or her services not more than six hundred dollars per month. Each other member of such transit authority shall be paid as compensation for his or her services not more than five hundred dollars per month. All salaries and compensation shall be obligations against and paid solely from the revenue of such transit authority. Members of such transit authority shall also be entitled to reimbursement for expenses paid or incurred in the performance of the duties imposed upon them by the Transit Authority Law with reimbursement for mileage to be made at the rate provided in section 81-1176 . The board may delegate to one or more of the members or to officers, agents, and employees of the authority such powers and duties as it may deem proper.

(2) Any transit authority created pursuant to such law shall have and retain full and exclusive jurisdiction and control over all public passenger transportation systems in such city, excluding taxicabs, transportation network companies, and interstate railroad systems in such city, and over all public passenger transportation systems operated by such transit authority in any county, city, or village served by the authority, with the right and duty to charge and collect revenue for the operation and maintenance of such systems and for the benefit of the holders of any of its bonds or other liabilities. Unless such authority elects to convert to a regional metropolitan transit authority under the Regional Metropolitan Transit Authority Act, if such authority ceases to exist, its rights and properties shall pass to and vest in such city of the metropolitan class.

Laws 1957, c. 23, § 3, p. 159;

Laws 1972, LB 1275, § 3;

Laws 1973, LB 69, § 1;

Laws 1981, LB 204, § 17;

Laws 1989, LB 309, § 1;

Laws 1996, LB 1011, § 5;

Laws 2003, LB 720, § 2;

Laws 2019, LB492, § 33.

Regional Metropolitan Transit Authority Act, see section 18-801 .

The jurisdiction and powers herein given a transit authority is for local control and does not affect the general control vested in the Public Service Commission by the Constitution. Ritums v. Howell, 190 Neb. 503, 209 N.W.2d 160 (1973).

The jurisdiction and powers herein given a transit authority is for local control and does not affect the general control vested in the Public Service Commission by the Constitution. Ritums v. Howell, 190 Neb. 503, 209 N.W.2d 160 (1973).
Neb. Rev. Stat. § 46-558 — NE Code / Chapter 46 / Section 46-558
View Statute 46-558
Status: in_force

The board may enter into contracts for water service with persons, mutual ditch companies, water users' associations and other private corporations for irrigation or commercial use as shall be provided by contracts in writing authorized and entered into by the board; and the board shall require that security be given to secure the payments to be made under such contract or contracts.

Laws 1947, c. 173, § 24, p. 549.
Neb. Rev. Stat. § 42-1011 — NE Code / Chapter 42 / Section 42-1011
View Statute 42-1011
Status: in_force

The Uniform Premarital Agreement Act takes effect on July 16, 1994, and applies to any premarital agreement executed on or after that date.

Laws 1994, LB 202, § 11.
Neb. Rev. Stat. § 2-1813 — NE Code / Chapter 2 / Section 2-1813
View Statute 2-1813
Status: in_force

Sections 2-1813 to 2-1825 may be cited as the Nebraska Potato Inspection Act.

Laws 1969, c. 20, § 5, p. 187.
Neb. Rev. Stat. § 23-1731 — NE Code / Chapter 23 / Section 23-1731
View Statute 23-1731
Status: in_force

Whenever a position in the classified service is to be filled, the sheriff shall notify the sheriff's office merit commission of that fact, and the commission shall certify the names and addresses of the three candidates standing highest on the eligibility list for the class or grade for the position to be filled, and the sheriff shall forthwith appoint to such position one of the three persons so certified. Such appointment shall be for a probationary period to be fixed by the rules, but not to exceed one year. On or before the expiration of the probationary period, the sheriff may, by presenting specific reasons for such action in writing, discharge a probationary appointee, or, with the approval of the commission, transfer him or her to another department within the sheriff's office. If not discharged prior to the expiration of the period of probation and if no complaint has been made about the service rendered, the appointment shall be deemed permanent. To prevent the stoppage of business or to meet extraordinary conditions or emergencies, the sheriff may, with the approval of the commission, make a temporary appointment to remain in force for not to exceed sixty days and only until regular appointment can be made under sections 23-1721 to 23-1736 .

Laws 1969, c. 140, § 11, p. 645;

Laws 1982, LB 729, § 1;

Laws 2003, LB 222, § 9.
Neb. Rev. Stat. § 46-1608 — NE Code / Chapter 46 / Section 46-1608
View Statute 46-1608
Status: in_force

Appurtenant works include, but are not limited to: Structures such as spillways, either in or separate from the dam; the reservoir and its rim; low-level outlet works; and water conduits including, but not limited to, tunnels, pipelines, or penstocks, either through the dam or its abutments.

Laws 2005, LB 335, § 8.
Neb. Rev. Stat. § 23-245 — NE Code / Chapter 23 / Section 23-245
View Statute 23-245
Status: in_force

It shall be the duty of every person retiring from a town office to deliver to his successor in office all the records, books, papers, money, and property belonging to such office held by him.

Laws 1895, c. 28, § 43, p. 143;

R.S.1913, § 1029;

C.S.1922, § 931;

C.S.1929, § 26-245;

R.S.1943, § 23-245.

Every person retiring from town office is required to deliver the records and property of his office to his successor. Town of Denver v. Myers, 63 Neb. 107, 88 N.W. 191 (1901).

Every person retiring from town office is required to deliver the records and property of his office to his successor. Town of Denver v. Myers, 63 Neb. 107, 88 N.W. 191 (1901).
Neb. Rev. Stat. § 3-323 — NE Code / Chapter 3 / Section 3-323
View Statute 3-323
Status: in_force

The board shall adopt rules in accordance with the provisions of the ordinance or resolution by which it was created. Meetings of the board shall be held at the call of the chairman and at such other times as the board may determine. The chairman, or in his absence the acting chairman, may administer oaths and compel the attendance of witnesses. All hearings of the board shall be public. The board shall keep minutes of its proceedings, showing the vote of each member upon each question or, if absent or failing to vote, indicating such fact. It shall also keep records of its examinations and other official actions. Such minutes and records shall immediately be filed in the office of the board and be a public record.

Laws 1945, c. 233, § 10(4), p. 688.
Neb. Rev. Stat. § 38-2868 — NE Code / Chapter 71 / Section 38-2868
38-2868
Status: in_force

(1) Information with regard to a patient maintained by a pharmacist pursuant to the Pharmacy Practice Act shall be privileged and confidential and may be released only to (a) the patient or the caregiver of the patient or others authorized by the patient or his or her legal representative, (b) a physician treating the patient, (c) other physicians or pharmacists when, in the professional judgment of the pharmacist, such release is necessary to protect the patient's health or well-being, or (d) other persons or governmental agencies authorized by law to receive such information.

(2) Nothing in this section shall prohibit the release of confidential information to researchers conducting biomedical, pharmaco-epidemiologic, or pharmaco-economic research pursuant to health research approved by an institutional review board which is established in accordance with 21 C.F.R. parts 50 and 56 or 45 C.F.R. part 46, as such parts existed on April 1, 2006.

Laws 1993, LB 536, § 56;

Laws 1994, LB 900, § 8;

Laws 2001, LB 398, § 46;

R.S.1943, (2003), § 71-1,147.36;

Laws 2007, LB463, § 964.
Neb. Rev. Stat. § 44-5505 — NE Code / Chapter 44 / Section 44-5505
44-5505
Status: in_force

Each surplus lines licensee shall keep in the licensee's office a true and complete record of the business transacted by the licensee showing (1) the exact amount of insurance or limits of exposure, (2) the gross premiums charged therefor, (3) the return premium paid thereon, (4) the rate of premium charged for such insurance, (5) the date of such insurance and terms thereof, (6) the name and address of the nonadmitted insurer writing such insurance, (7) a copy of the declaration page of each policy and a copy of each policy form issued by the licensee, (8) a copy of the written statement described in subdivision (1)(c) of section 44-5510 or, in lieu thereof, a copy of the application containing such written statement, (9) the name of the insured, (10) the address of the principal residence of the insured or the address at which the insured maintains its principal place of business, (11) a brief and general description of the risk or exposure insured and where located, (12) documentation showing that the nonadmitted insurer writing such insurance complies with the requirements of section 44-5508 , and (13) such other facts and information as the department may direct and require. Such records shall be kept by the licensee in the licensee's office within the state for not less than five years and shall at all times be open and subject to the inspection and examination of the department or its officers. The expense of any examination shall be paid by the licensee.

Laws 1913, c. 154, § 25, p. 409;

R.S.1913, § 3161;

Laws 1919, c. 190, tit. V, art. III, § 18, p. 588;

C.S.1922, § 7762;

C.S.1929, § 44-218;

R.S.1943, § 44-141;

Laws 1978, LB 836, § 3;

Laws 1989, LB 92, § 31;

R.S.Supp.,1990, § 44-141;

Laws 1992, LB 1006, § 5;

Laws 2005, LB 119, § 20;

Laws 2011, LB70, § 4.
Neb. Rev. Stat. § 38-2043 — NE Code / Chapter 38 / Section 38-2043
View Statute 38-2043
Status: in_force

Any temporary educational or visiting faculty permit may be suspended, limited, or revoked by the department, with the recommendation of the board, at any time upon a finding that the reasons for issuing such permit no longer exist or that the person to whom such permit has been issued is no longer qualified to hold such permit.

Laws 1969, c. 560, § 17, p. 2285;

Laws 1971, LB 150, § 14;

Laws 1996, LB 1044, § 433;

Laws 1999, LB 828, § 89;

R.S.1943, (2003), § 71-1,107.11;

Laws 2007, LB463, § 701.
Neb. Rev. Stat. § 23-1201.02 — NE Code / Chapter 23 / Section 23-1201.02
View Statute 23-1201.02
Status: in_force

(1) No person shall seek nomination or appointment for the office of county attorney in counties of Class 4, 5, 6, or 7, nor serve in that capacity, unless he or she has been admitted to the practice of law in this state for at least two years next preceding the date such person would take office and has practiced law actively in this state during such two-year period, except that if no person who meets the requirements of this subsection has filed for or sought such office by the filing deadline for nomination or by the deadline for applications for appointment, the provisions of this subsection shall not apply to any person seeking such office.

(2) No person shall seek nomination or appointment for the office of county attorney, nor serve in that capacity, unless he or she has been admitted to the practice of law in this state.

(3) The classification of counties in section 23-1114.01 applies for purposes of this section.

Laws 1969, c. 142, § 1, p. 664;

Laws 1993, LB 468, § 2;

Laws 2009, LB55, § 1.

Classification of counties, see section 23-1114.01 .

An attorney's providing legal advice to an organization on a routine basis regarding various matters satisfies the "practiced law actively" requirement. Nebraska Republican Party v. Shively, 311 Neb. 160, 971 N.W.2d 128 (2022).

An attorney's providing legal advice to an organization on a routine basis regarding various matters satisfies the "practiced law actively" requirement. Nebraska Republican Party v. Shively, 311 Neb. 160, 971 N.W.2d 128 (2022).

"Practiced law actively" means engaged in giving advice or rendering such service as requires the use of any degree of legal knowledge or skill and doing so on a daily or routine basis. Nebraska Republican Party v. Shively, 311 Neb. 160, 971 N.W.2d 128 (2022).

"Practiced law actively" means engaged in giving advice or rendering such service as requires the use of any degree of legal knowledge or skill and doing so on a daily or routine basis. Nebraska Republican Party v. Shively, 311 Neb. 160, 971 N.W.2d 128 (2022).
Neb. Rev. Stat. § 69-2101 — NE Code / Chapter 69 / Section 69-2101
View Statute 69-2101
Status: in_force

Sections 69-2101 to 69-2119 shall be known and may be cited as the Consumer Rental Purchase Agreement Act.

Laws 1989, LB 681, § 1;

Laws 1993, LB 111, § 1.
Neb. Rev. Stat. § 21-623 — NE Code / Chapter 21 / Section 21-623
View Statute 21-623
Status: in_force

The fees of the Secretary of State for registration, alteration, cancellation, searches made by him, and certificates issued by him, pursuant to sections 21-617 to 21-622 , shall be as follows: One dollar and fifty cents for each registration, alteration, cancellation, search or reregistration; for the certificate contemplated in section 21-621 , one dollar plus ten cents for each hundred words, or fraction thereof, set forth in said certificate issued. The fees collected under sections 21-617 to 21-624 shall be paid by the Secretary of State into the state treasury.

Laws 1929, c. 140, § 7, p. 498;

C.S.1929, § 24-620;

R.S.1943, § 21-623.
Neb. Rev. Stat. § 71-1583 — NE Code / Chapter 71 / Section 71-1583
View Statute 71-1583
Status: in_force

Each regional housing agency established pursuant to the Nebraska Housing Agency Act shall adopt, within or together with the resolution or ordinance required under section 71-1581 , a name for all legal and operating purposes. The name so adopted shall include a reference to the geographic locus of the agency and such other name or identifier as the governing bodies establishing the agency shall determine. A regional housing agency established under prior law may adopt a name consistent with this section by resolution or ordinance adopted by at least two-thirds of such agency's entire board of commissioners and approved by the governing bodies of all political subdivisions establishing such agency.

Laws 1999, LB 105, § 12.
Neb. Rev. Stat. § 21-2958 — NE Code / Chapter 21 / Section 21-2958
View Statute 21-2958
Status: in_force

(1) A director may resign at any time by giving notice in a record to the limited cooperative association.

(2) A resignation is effective when notice is received by the limited cooperative association unless the notice states a later effective date.

Laws 2007, LB368, § 58.
Neb. Rev. Stat. § 66-1341 — NE Code / Chapter 66 / Section 66-1341
66-1341
Status: in_force

Trade secrets, academic and scientific research work, and other proprietary or commercial information which may be filed with an application for a grant or loan or other financial assistance shall not be considered to be public records as defined in section 84-712.01 if the release of such trade secrets, work, or information would give advantage to business competitors and serve no public purpose. Any person seeking release of the trade secrets, work, or information as a public record shall demonstrate to the satisfaction of the board that the release would not violate this section.

Laws 1989, LB 587, § 14;

R.S.1943, (1990), § 66-1321.01;

Laws 1993, LB 364, § 12.