FrankGoortani/open-us-law huggingface dataset:
Neb. Rev. Stat. § 71-1212 — NE Code / Chapter 71 / Section 71-1212
View Statute 71-1212
Status: in_force

When an order of a mental health board requires inpatient treatment of a subject within a treatment facility, the warrant filed under section 71-1211 , together with the findings of the mental health board, shall be delivered to the sheriff of the county who shall execute such warrant by conveying and delivering the warrant, the findings, and the subject to the treatment facility. The administrator, over his or her signature, shall acknowledge the delivery on the original warrant which the sheriff shall return to the clerk of the district court with his or her costs and expenses endorsed thereon. If neither the sheriff nor deputy sheriff is available to execute the warrant, the chairperson of the mental health board may appoint some other suitable person to execute the warrant. Such person shall take and subscribe an oath or affirmation to faithfully discharge his or her duty and shall be entitled to the same fees as the sheriff. The sheriff, deputy sheriff, or other person appointed by the mental health board may take with him or her such assistance as may be required to execute the warrant. No female subject shall be taken to a treatment facility without being accompanied by another female or relative of the subject. The administrator in his or her acknowledgment of delivery shall record whether any person accompanied the subject and the name of such person.

Laws 2006, LB 1199, § 68.
Neb. Rev. Stat. § 66-483 — NE Code / Chapter 66 / Section 66-483
66-483
Status: in_force

Before engaging in business as a producer, supplier, distributor, wholesaler, importer, or exporter, a person shall file an application with the department. The application shall be filed upon a form prepared and furnished by the department. If the applicant is an individual, the application shall include the applicant's social security number. The application shall contain such information as the department deems necessary.

Laws 1925, c. 172, § 2, p. 449;

Laws 1929, c. 149, § 1, p. 520;

C.S.1929, § 66-402;

Laws 1933, c. 106, § 1, p. 433;

C.S.Supp.,1941, § 66-402;

R.S.1943, § 66-402;

R.S.1943, (1990), § 66-402;

Laws 1991, LB 627, § 10;

Laws 1992, LB 1013, § 3;

Laws 1994, LB 1160, § 56;

Laws 1997, LB 752, § 149;

Laws 2004, LB 983, § 6.
Neb. Rev. Stat. § 38-607 — NE Code / Chapter 71 / Section 38-607
38-607
Status: in_force

Collaboration means a process and relationship in which a certified nurse midwife works together with other health professionals to deliver health care within the scope of practice of certified nurse midwifery as provided in the Certified Nurse Midwifery Practice Act. The collaborative relationship between the physician and the nurse midwife shall be subject to the control and regulation of the board.

Laws 1984, LB 761, § 10;

Laws 2005, LB 256, § 84;

R.S.Supp.,2006, § 71-1747;

Laws 2007, LB463, § 219.
Neb. Rev. Stat. § 44-526 — NE Code / Chapter 44 / Section 44-526
View Statute 44-526
Status: in_force

For purposes of the Standardized Health Claim Form Act:

(1) Ambulatory surgical facility shall mean a facility, not a part of a hospital, which provides surgical treatment to patients not requiring hospitalization and which is licensed as a health clinic as defined by section 71-416 but shall not include the offices of private physicians or dentists whether for individual or group practice;

(2) Health care shall mean any treatment, procedure, or intervention to diagnose, cure, care for, or treat the effects of disease or injury or congenital or degenerative condition;

(3) Health care practitioner shall mean an individual or group of individuals in the form of a partnership, limited liability company, or corporation licensed, certified, or otherwise authorized or permitted by law to administer health care in the course of professional practice and shall include the health care professions and occupations which are regulated in the Uniform Credentialing Act;

(4) Hospital shall mean a hospital as defined by section 71-419 except state hospitals administered by the Department of Health and Human Services;

(5) Institutional care providers shall mean all facilities licensed or otherwise authorized or permitted by law to administer health care in the ordinary course of business and shall include all health care facilities defined in the Health Care Facility Licensure Act;

(6) Issuer shall mean an insurance company, fraternal benefit society, health maintenance organization, third-party administrator, or other entity reimbursing the costs of health care expenses;

(7) Medicaid shall mean the medical assistance program pursuant to the Medical Assistance Act;

(8) Medicare shall mean Title XVIII of the federal Social Security Act, 42 U.S.C. 1395 et seq., as amended; and

(9) Uniform claim form shall mean the claim forms and electronic transfer procedures developed pursuant to section 44-527 .

Laws 1994, LB 1222, § 54;

Laws 1996, LB 1044, § 235;

Laws 2000, LB 819, § 68;

Laws 2006, LB 1248, § 58;

Laws 2007, LB463, § 1134.

Health Care Facility Licensure Act, see section 71-401 .

Medical Assistance Act, see section 68-901 .

Uniform Credentialing Act, see section 38-101 .
Neb. Rev. Stat. § 71-1931 — NE Code / Chapter 71 / Section 71-1931
View Statute 71-1931
Status: in_force

(1) An applicant for licensure under the Children's Residential Facilities and Placing Licensure Act shall obtain a separate license for each type of residential child-caring agency or child-placing agency that the applicant seeks to operate. A single license may be issued for a residential child-caring agency operating in separate buildings or structures on the same premises under one management.

(2) An applicant for licensure shall obtain a separate license for each type of placement service the applicant seeks to provide. When a child-placing agency has more than one office location, the child-placing agency shall inform the department of each office location and the services provided at each location. A single license may be issued for multiple offices, or the applicant may apply for individual licenses for each office location.

Laws 2013, LB265, § 8.
Neb. Rev. Stat. § 21-1786 — NE Code / Chapter 21 / Section 21-1786
View Statute 21-1786
Status: in_force

Whenever the losses of a credit union, resulting from a depreciation in value of its loans or investments or otherwise, exceed its undivided earnings and reserves so that the estimated value of its assets is less than the total amount of share accounts and membership shares and the board of directors determines that the credit union may be subject to involuntary liquidation, the board may propose a reduction in shares. The credit union may, by a majority vote of those voting on the proposition, with the approval of the department, order a reduction in the membership shares and share accounts of each of its shareholders to divide the loss in proportion to the shareholdings held by shareholders in their respective share accounts with such terms as the department may prescribe.

Laws 1996, LB 948, § 86.
Neb. Rev. Stat. § 57-204 — NE Code / Chapter 57 / Section 57-204
View Statute 57-204
Status: in_force

(1) If the lessee, his successors or assigns, shall, within twenty days after the filing of the affidavit referred to in section 57-203 , give notice in writing to the register of deeds of the county where the land is located that the lease has not been forfeited and that the lessee, his successors or assigns, still claim that the lease is in full force and effect, then such affidavit shall not be recorded but the register of deeds shall notify the owner of the land of the action of the lessee, his successors or assigns, and the owner of the land shall be entitled to the remedies now provided by law for the cancellation of such disputed lease.

(2) If the lessee, his successors or assigns, shall not notify the register of deeds, as provided in subsection (1) of this section, the register of deeds shall record the affidavit, referred to in section 57-203 , and thereafter the record of the lease shall not be notice to the public of the existence of the lease or of any interest therein or rights thereunder, and the record shall not be received in evidence in any court of the state on behalf of the lessee, his successors or assigns, against the lessor, his successors or assigns.

Laws 1925, c. 133, § 1, p. 350;

C.S.1929, § 57-201;

R.S.1943, § 57-204;

Laws 1955, c. 214, § 4, p. 602.

Nature of the action is for cancellation of a disputed lease. Long v. Magnolia Petroleum Co., 166 Neb. 410, 89 N.W.2d 245 (1958).

Nature of the action is for cancellation of a disputed lease. Long v. Magnolia Petroleum Co., 166 Neb. 410, 89 N.W.2d 245 (1958).
Neb. Rev. Stat. § 54-633 — NE Code / Chapter 54 / Section 54-633
View Statute 54-633
Status: in_force

(1) In order to ensure compliance with the Commercial Dog and Cat Operator Inspection Act, the department may apply for a restraining order, temporary or permanent injunction, or mandatory injunction against any person violating or threatening to violate the act, the rules and regulations, or any order of the director issued pursuant thereto. The district court of the county where the violation is occurring or is about to occur shall have jurisdiction to grant relief upon good cause shown. Relief may be granted notwithstanding the existence of any other remedy at law and shall be granted without bond.

The county attorney of the county in which such violations are occurring or about to occur shall, when notified of such violation or threatened violation, cause appropriate proceedings under this section to be instituted and pursued without delay.

(2) The department may impose an administrative fine of not more than five thousand dollars for any violation of the act or the rules and regulations adopted and promulgated under the act. Each violation of the act or such rules and regulations shall constitute a separate offense for purposes of this subsection.

Laws 2000, LB 825, § 9;

Laws 2006, LB 856, § 15;

Laws 2007, LB12, § 8;

Laws 2015, LB360, § 21.
Neb. Rev. Stat. § 2-1814 — NE Code / Chapter 2 / Section 2-1814
View Statute 2-1814
Status: in_force

As used in sections 2-1813 to 2-1825 , unless the context otherwise requires:

(1) Department shall mean the Department of Agriculture;

(2) Director shall mean the Director of Agriculture;

(3) Nebraska Potato Development Committee shall mean the advisory committee established by section 2-1803 ;

(4) Commercial potato growing area shall mean a geographic area in which potatoes are produced and offered for sale in commercial quantities;

(5) Commercial shipment shall mean any potatoes shipped in commerce or processed and destined for human consumption, and noncertified seed potatoes shipped out of the state;

(6) Commercial potato acreage shall mean a potato field of three acres or more; and

(7) Preceding crop year shall mean the last calendar year for which official acreage statistics have been compiled by the state-federal division of agricultural statistics.

Laws 1969, c. 20, § 6, p. 187.
Neb. Rev. Stat. § 2-3750 — NE Code / Chapter 2 / Section 2-3750
View Statute 2-3750
Status: in_force

A member of the commission shall be removed for ceasing to (1) be a resident of the state, (2) live in the district from which he or she was appointed, (3) in the case of a grower member, be actually engaged in the growing of dry beans in the state, or (4) in the case of a processor member, be actually engaged in the processing or shipping of dry beans in the state.

Laws 1987, LB 145, § 16.
Neb. Rev. Stat. § 31-135 — NE Code / Chapter 31 / Section 31-135
View Statute 31-135
Status: in_force

In any county wherein a drainage ditch has been constructed under the provisions of sections 31-101 to 31-134 , or by any drainage district which shall have been dissolved, a petition may be filed with the county clerk, signed by at least twenty-five percent of the landowners benefited by any such ditch, praying that the county board may cause such ditch to be cleared and placed in efficient condition and the cost thereof apportioned equitably.

Laws 1911, c. 141, § 1, p. 465;

R.S.1913, § 1752;

C.S.1922, § 1699;

Laws 1929, c. 130, § 2, p. 481;

C.S.1929, § 31-135;

R.S.1943, § 31-135;

Laws 1949, c. 79, § 1, p. 212.
Neb. Rev. Stat. § 28-731 — NE Code / Chapter 28 / Section 28-731
View Statute 28-731
Status: in_force

The teams established by sections 28-728 to 28-730 shall not be considered a public body for purposes of the Open Meetings Act.

Laws 1992, LB 1184, § 4;

Laws 2004, LB 821, § 10.

Open Meetings Act, see section 84-1407 .
Neb. Rev. Stat. § 44-3806 — NE Code / Chapter 44 / Section 44-3806
View Statute 44-3806
Status: in_force

The director may disapprove a contract or certificate form for dental service under a prepaid dental service plan if the director finds that the form:

(1) Is unfair, unfairly discriminatory, misleading, or encourages misrepresentation or misunderstanding of the contract;

(2) Provides coverage or benefits or contains other provisions that would endanger the solvency of such plan;

(3) Provides payment rates which are excessive, inadequate, or unfairly discriminatory; or

(4) Is contrary to law.

Laws 1982, LB 139, § 6.
Neb. Rev. Stat. § 2-1224 — NE Code / Chapter 2 / Section 2-1224
View Statute 2-1224
Status: in_force

(1) The Legislature finds that:

(a) The horseracing, horse breeding, and parimutuel wagering industry is an important sector of the agricultural economy of the state, provides substantial revenue for state and local governments, and employs many residents of the state;

(b) The simultaneous telecast of live audio and visual signals of horseraces conducted within the state on which parimutuel betting is permitted holds the potential to strengthen and further these economic contributions and it is in the best interest of the state to permit such live telecasts;

(c) Permitting parimutuel wagering on the results of horseracing conducted at racetracks outside the state also holds the potential to strengthen and further these economic contributions and it is in the best interest of the state to permit such wagering; and

(d) No simulcast or interstate simulcast shall be authorized which would jeopardize present live racing, horse breeding, or employment opportunities or which would infringe on current operations or markets of the racetracks which generate significant revenue for local governments in the state.

(2) The Legislature hereby authorizes the telecasts of horseraces conducted within the state on which parimutuel wagering shall be permitted and interstate simulcasting under rules and regulations adopted and promulgated by the commission in the manner and subject to the conditions provided in sections 2-1207 and 2-1224 to 2-1229 .

Laws 1987, LB 708, § 1;

Laws 1989, LB 591, § 4;

Laws 2021, LB561, § 22.
Neb. Rev. Stat. § 14-419 — NE Code / Chapter 14 / Section 14-419
View Statute 14-419
Status: in_force

(1) The extraterritorial zoning jurisdiction of a city of the metropolitan class shall consist of the unincorporated area three miles beyond and adjacent to its corporate boundaries.

(2) The city council, in cities of the metropolitan class, shall have the power by ordinance to regulate, within the corporate limits of the city or within the extraterritorial zoning jurisdiction of the city, except as to construction on farms for farm purposes, (a) the minimum standards of construction of buildings, dwellings, and other structures, in order to provide safe and sound condition of such buildings, dwellings, and other structures for the preservation of health, safety, security, and general welfare, and as to electric wiring, heating, plumbing, pipefitting, sewer connections, ventilation, size of habitable rooms, and the method of constructing buildings, and to provide for inspection of such buildings, dwellings, and other structures and building permits, (b) the removal and tearing down of buildings, dwellings, and other structures in such areas which constitute nuisances because of the dilapidated, unsafe, or rundown condition or conditions, and (c) except as to the United States of America, the State of Nebraska, any county of the state, or any other city or village in the state, the nature, kind, and manner of constructing streets, alleys, sidewalks, curbing or abridging curbs, driveway approaches constructed on public rights-of-way, and sewers.

(3) A city of the metropolitan class shall have the authority to regulate land use within the extraterritorial zoning jurisdiction of such city as may be provided by law in addition to those powers provided in this section.

(4) Any building or construction code implemented under this section shall be adopted and enforced as provided in section 71-6406 .

Laws 1955, c. 21, § 1, p. 99;

Laws 1965, c. 40, § 1, p. 233;

Laws 2016, LB704, § 1;

Laws 2022, LB800, § 149.

A district court cannot properly order a zoning board of appeals to issue building permits, as this section provides that issuance of those permits is the province of a city council. Stratbucker Children's Trust v. Zoning Bd. of Appeals, 243 Neb. 68, 497 N.W.2d 671 (1993).

A district court cannot properly order a zoning board of appeals to issue building permits, as this section provides that issuance of those permits is the province of a city council. Stratbucker Children's Trust v. Zoning Bd. of Appeals, 243 Neb. 68, 497 N.W.2d 671 (1993).

Power was granted to city of metropolitan class to regulate curb cuts within three-mile zoning limits. Jacobs v. City of Omaha, 181 Neb. 101, 147 N.W.2d 160 (1966).

Power was granted to city of metropolitan class to regulate curb cuts within three-mile zoning limits. Jacobs v. City of Omaha, 181 Neb. 101, 147 N.W.2d 160 (1966).
Neb. Rev. Stat. § 70-724 — NE Code / Chapter 70 / Section 70-724
View Statute 70-724
Status: in_force

Any corporation may, by its bylaws, provide for an executive committee to be elected from and by its board of directors. To such committee may be delegated the management of the current and ordinary business of the corporation, and such other duties as the bylaws may prescribe, but the designation of such committee, and the delegation thereto of authority, shall not operate to relieve the board of directors, or any member thereof, of any responsibility imposed upon it or him by sections 70-701 to 70-738 .

Laws 1937, c. 50, § 24, p. 209;

C.S.Supp.,1941, § 70-824;

R.S.1943, § 70-724.
Neb. Rev. Stat. § 46-721 — NE Code / Chapter 46 / Section 46-721
46-721
Status: in_force

Each state agency and political subdivision shall promptly report to the department any information which indicates that contamination is occurring.

Laws 1986, LB 894, § 2;

Laws 1993, LB 3, § 15;

R.S.1943, (1993), § 46-674.03;

Laws 1996, LB 108, § 41;

R.S.1943, (1998), § 46-656.35;

Laws 2004, LB 962, § 61;

Laws 2019, LB302, § 30;

Laws 2025, LB317, § 220.
Neb. Rev. Stat. § 2-2645 — NE Code / Chapter 2 / Section 2-2645
View Statute 2-2645
Status: in_force

(1) A person claiming damages from a pesticide use may file with the department a written report claiming that the person has been damaged. The report shall be filed as soon as possible following the day of the alleged occurrence.

(2) Except as otherwise provided in the Pesticide Act, upon receipt of a report if the department has reasonable cause to believe that a violation of the act has occurred, it shall investigate such report to determine if any violation has occurred and if any enforcement action shall be taken under the act. The department is not required to investigate any complaint that the department determines is made more than ninety days after the person complaining knew of the incident or damages, is outside the scope of the Pesticide Act, or is determined by the department to involve a matter which is frivolous, minor, or insignificant under the intent of the act. If a complaint is investigated, the department shall notify the licensee, owner, or lessee of the property on which the alleged act occurred and any other person who may be charged with responsibility for the damages claimed. The department shall furnish copies of the report to such licensee, owner, lessee, or other person upon receiving a written request. Nothing in this subsection shall be construed to require the department to take enforcement action in any matter.

(3) The department shall inspect damages whenever possible and shall report its findings to the person claiming damage and to the person alleged to have caused the damage. The claimant shall permit the department and the licensee to inspect, within reasonable hours, the property alleged to have been damaged. If the claimant refuses to permit the department to inspect the property alleged to have been damaged, or fails to provide additional information regarding the allegation when requested by the department, the department may decline to investigate the claim.

(4) Failure to file a report shall not bar maintenance of a civil or criminal action. If a person fails to file a report or cooperate with the department and is the only person claiming injury from the particular use of a pesticide, the department may, if in the public interest, refuse to take action or hold a hearing for the denial, suspension, or revocation of a license issued under the act to the person alleged to have caused the damage.

Laws 1993, LB 588, § 24;

Laws 2002, LB 436, § 23;

Laws 2009, LB100, § 6;

Laws 2019, LB320, § 17.
Neb. Rev. Stat. § 21-160 — NE Code / Chapter 21 / Section 21-160
View Statute 21-160
Status: in_force

(RULLCA 806) (a) A certificate of authority of a foreign limited liability company to transact business in this state may be revoked by the Secretary of State in the manner provided in subsections (b) and (c) of this section if the company does not:

(1) pay, within sixty days after the due date, any fee, tax, or penalty due to the Secretary of State under the Nebraska Uniform Limited Liability Company Act or law other than the act;

(2) deliver, within sixty days after the due date, its biennial report required under section 21-125 ;

(3) appoint and maintain an agent for service of process as required by subsection (b) of section 21-113 ; or

(4) deliver for filing a statement of a change under section 21-114 within thirty days after a change has occurred in the name or address of the agent.

(b) To revoke a certificate of authority of a foreign limited liability company, the Secretary of State must prepare, sign, and file a notice of revocation and send a copy to the company's agent for service of process in this state, or if the company does not appoint and maintain a proper agent in this state, to the company's designated office. The notice must state:

(1) the revocation's effective date, which must be at least sixty days after the date the Secretary of State sends the copy; and

(2) the grounds for revocation under subsection (a) of this section.

(c) The authority of a foreign limited liability company to transact business in this state ceases on the effective date of the notice of revocation unless before that date the company cures each ground for revocation stated in the notice filed under subsection (b) of this section. If the company cures each ground, the Secretary of State shall file a record so stating.

Laws 2010, LB888, § 60.