FrankGoortani/open-us-law huggingface dataset:
Neb. Rev. Stat. § 71-2509 — NE Code / Chapter 71 / Section 71-2509
View Statute 71-2509
Status: in_force

The Department of Health and Human Services may adopt and promulgate rules and regulations, whenever such action becomes necessary for the protection of the public, to prohibit the sale of any poison, subject to this section, except upon the original written, oral, or electronic medical order of practitioners credentialed under the Uniform Credentialing Act who are duly authorized by law to administer or professionally use those poisons specifically named in section 71-2501 . Whenever in the opinion of the department it is in the interest of the public health, the department may adopt and promulgate rules and regulations, not inconsistent with the Poison Control Act, further restricting or prohibiting the retail sale of any poison. The rules and regulations must be applicable to all persons alike. The department shall, upon request by any person authorized by the Poison Control Act to sell or dispense any poisons, furnish such person with a list of all articles, preparations, and compounds the sale of which is prohibited or regulated by the Poison Control Act.

Laws 1941, c. 141, § 14, p. 565;

C.S.Supp.,1941, § 81-933;

R.S.1943, § 81-633;

Laws 1996, LB 1044, § 628;

Laws 2007, LB296, § 547;

Laws 2007, LB463, § 1204;

Laws 2015, LB37, § 85.

Uniform Credentialing Act, see section 38-101 .
Neb. Rev. Stat. § 44-237 — NE Code / Chapter 44 / Section 44-237
View Statute 44-237
Status: in_force

The Director of Insurance shall hold the hearing on objections as provided by sections 44-233 to 44-241 and shall receive written objections to the plan and amendments from any policyholder or shareholder and any evidence offered in support thereof. He or she may employ such actuaries, appraisers, and other experts and make such examinations of the company and its books, records, and property as he or she deems necessary. The Director of Insurance shall cause a full and complete written record of the hearing to be made. Any interested party having objections to the plan or any part thereof shall fully state such objections in written form and file them with the director prior to the hearing. Upon the hearing any objector may offer such evidence as may be determined by the Director of Insurance to be relevant and proper. Upon appeal from the order of the director, the value of each shareholder's interest in the company and the amount to be paid therefor shall not be increased or decreased by reason of any change of circumstances occurring after the filing of such order.

Laws 1953, c. 152, § 5, p. 482;

Laws 1989, LB 92, § 83.
Neb. Rev. Stat. § 13-901 — NE Code / Chapter 23 / Section 13-901
13-901
Status: in_force

Sections 13-901 to 13-928 shall be known and may be cited as the Political Subdivisions Tort Claims Act.

Laws 1969, c. 138, § 20, p. 634;

Laws 1984, LB 590, § 1;

Laws 1985, Second Spec. Sess., LB 14, § 1;

Laws 1987, LB 258, § 5;

R.S.Supp.,1987, § 23-2420;

Laws 2007, LB564, § 1;

Laws 2011, LB589, § 1.

The Political Subdivisions Tort Claims Act provides for interaction between that act and the Nebraska Hospital-Medical Liability Act. Jacobson v. Shresta, 21 Neb. App. 102, 838 N.W.2d 19 (2013).

The Political Subdivisions Tort Claims Act provides for interaction between that act and the Nebraska Hospital-Medical Liability Act. Jacobson v. Shresta, 21 Neb. App. 102, 838 N.W.2d 19 (2013).
Neb. Rev. Stat. § 38-1211 — NE Code / Chapter 38 / Section 38-1211
View Statute 38-1211
Status: in_force

Protocol means a set of written policies, procedures, and directions from a physician medical director to an emergency care provider concerning the medical procedures to be performed in specific situations.

Laws 2007, LB463, § 495;

Laws 2020, LB1002, § 26.
Neb. Rev. Stat. § 17-532 — NE Code / Chapter 17 / Section 17-532
View Statute 17-532
Status: in_force

Cities of the second class and villages shall have power to require any person, firm, or corporation operating any public water supply in such city or village to connect with and furnish water to such city or village from its mains located within such city or village, and to provide by ordinance for connections of such mains with the mains or portion of water system constructed or operated by such city or village, under such regulations and under such penalties as may be prescribed by ordinance.

Laws 1907, c. 17, § 1, p. 126;

R.S.1913, § 5119;

Laws 1917, c. 103, § 1, p. 271;

Laws 1919, c. 48, § 1, p. 137;

Laws 1919, c. 52, § 1, p. 151;

Laws 1919, c. 46, § 2, p. 131;

C.S.1922, § 4292;

Laws 1925, c. 41, § 1, p. 157;

C.S.1929, § 17-441;

Laws 1935, c. 34, § 1, p. 142;

C.S.Supp.,1941, § 17-441;

R.S.1943, § 17-532;

Laws 2017, LB133, § 158.
Neb. Rev. Stat. § 47-305 — NE Code / Chapter 47 / Section 47-305
View Statute 47-305
Status: in_force

The city council or legislative authority of such incorporated city is hereby authorized and empowered to erect and maintain a jail, and to acquire land by purchase, condemnation, or otherwise for farm or other purposes for the employment of prisoners. The procedure to condemn property shall be exercised in the manner set forth in sections 76-704 to 76-724 . Such city shall have power to borrow money and pledge the credit and property thereof on its negotiable bonds or otherwise, for the purpose of paying for the cost of any such land, jail, or both.

Laws 1913, c. 228, § 5, p. 661;

R.S.1913, § 3547;

C.S.1922, § 3020;

C.S.1929, § 47-205;

R.S.1943, § 47-305;

Laws 1951, c. 101, § 99, p. 494;

Laws 1981, LB 140, § 2.
Neb. Rev. Stat. § 23-1701.04 — NE Code / Chapter 24 / Section 23-1701.04
23-1701.04
Status: in_force

It shall be the duty of the sheriffs of the several counties to execute or serve all writs and process issued by any county court and to them directed and to return the same. For any neglect or refusal so to do, they may be proceeded against in the county court in the same manner as for neglect or refusal to execute or serve process issued out of the district court.

G.S.1873, c. 14, § 24, p. 268;

R.S.1913, § 1227;

C.S.1922, § 1150;

C.S.1929, § 27-519;

R.S.1943, § 24-520;

Laws 1972, LB 1032, § 34;

R.S.1943, (1989), § 24-534;

Laws 1990, LB 821, § 10.
Neb. Rev. Stat. § 71-1949 — NE Code / Chapter 71 / Section 71-1949
View Statute 71-1949
Status: in_force

(1) To protect the health, safety, and welfare of the public and to insure to the greatest extent possible the efficient, adequate, and safe care of children, the department may adopt and promulgate rules and regulations consistent with the Children's Residential Facilities and Placing Licensure Act as necessary for:

(a) The proper care and protection of children in residential child-caring agencies and child-placing agencies regulated under the act;

(b) The issuance, discipline, and reinstatement of licenses; and

(c) The proper administration of the act.

(2) Such rules and regulations shall establish standards for levels of care and services which may include, but are not limited to, supervision and structured activities designed to address the social, emotional, educational, rehabilitative, medical, and physical needs of children residing in or being placed by a residential child-caring agency or child-placing agency and may include the use of community resources to meet the needs of children and qualifications of staff.

(3) Contested cases of the department under the act shall be in accordance with the Administrative Procedure Act.

Laws 2013, LB265, § 26.

Administrative Procedure Act, see section 84-920 .
Neb. Rev. Stat. § 16-648 — NE Code / Chapter 16 / Section 16-648
View Statute 16-648
Status: in_force

All money received from special assessments by a city of the first class may be applied to pay for the improvement for which assessed, or applied to reimburse the fund of the city from which the cost of the improvement may have been made.

Laws 1901, c. 18, § 79, p. 289;

Laws 1903, c. 19, § 15, p. 245;

R.S.1913, § 4940;

C.S.1922, § 4108;

C.S.1929, § 16-637;

R.S.1943, § 16-648;

Laws 2019, LB194, § 50.
Neb. Rev. Stat. § 44-4337 — NE Code / Chapter 44 / Section 44-4337
View Statute 44-4337
Status: in_force

(1) All bonds of a risk management pool are declared to be issued for an essential public and governmental purpose and, together with interest thereon and income therefrom, shall be exempt from all taxes.

(2) The property of a risk management pool, including any pro rata share of any property owned by a risk management pool in conjunction with any other person, is declared to be public property of a public agency used for essential public and governmental purposes. Such property and the income of a risk management pool shall be exempt from all taxes of the state or any member of a risk management pool or other public agency and shall be exempt from all special assessments of any participating member of a risk management pool.

Laws 1987, LB 398, § 37.
Neb. Rev. Stat. § 21-1775 — NE Code / Chapter 21 / Section 21-1775
View Statute 21-1775
Status: in_force

Christmas clubs, vacation clubs, and other special purpose share accounts may be established and offered to members under the conditions and restrictions established by the board of directors if provided for in and consistent with the bylaws.

Laws 1996, LB 948, § 75.
Neb. Rev. Stat. § 59-1705 — NE Code / Chapter 59 / Section 59-1705
View Statute 59-1705
Status: in_force

Seller shall mean a person who sells or leases or offers to sell or lease a seller-assisted marketing plan and:

(1) Has sold, leased, represents, or implies that the seller has sold or leased, whether in Nebraska or elsewhere, at least five seller-assisted marketing plans within twenty-four months prior to a solicitation; or

(2) Intends, represents, or implies that the seller intends to sell or lease, whether in Nebraska or elsewhere, at least five seller-assisted marketing plans within twelve months following a solicitation. If the seller intends to sell four or less seller-assisted marketing plans within the time period stated in this subdivision, the seller, in order to be excluded from the provisions of the Seller-Assisted Marketing Plan Act, shall notify each purchaser in writing at the time of sale of its intention to sell only four or less seller-assisted marketing plans.

Laws 1979, LB 180, § 5;

Laws 1983, LB 461, § 1;

Laws 1993, LB 218, § 5.
Neb. Rev. Stat. § 19-613 — NE Code / Chapter 19 / Section 19-613
View Statute 19-613
Status: in_force

Members of the city council in a city under the city manager plan of government shall be residents and registered voters of the city and shall hold no other employment with the city. Any city council member who ceases to possess any of the qualifications required by this section or who has been convicted of a felony or of any public offense involving the violation of the oath of office of such member while in office shall forthwith forfeit such office.

Laws 1917, c. 208, § 14, p. 500;

C.S.1922, § 4551;

C.S.1929, § 19-614;

R.S.1943, § 19-613;

Laws 1971, LB 494, § 6;

Laws 1975, LB 453, § 2;

Laws 1977, LB 50, § 1;

Laws 1979, LB 80, § 55;

Laws 1983, LB 370, § 9;

Laws 1990, LB 931, § 4;

Laws 1991, LB 12, § 3;

Laws 1994, LB 76, § 519;

Laws 2012, LB786, § 1;

Laws 2019, LB193, § 44.

Vacancies, see sections 32-568 and 32-569 .
Neb. Rev. Stat. § 28-1320.02 — NE Code / Chapter 28 / Section 28-1320.02
View Statute 28-1320.02
Status: in_force

For purposes of sections 28-1320.01 to 28-1320.03 , the following definitions apply:

(1) Funeral means the ceremonies and memorial services held in connection with the burial or cremation of the dead but does not include funeral processions on public streets or highways; and

(2) Picketing of a funeral means protest activities engaged in by a person or persons located within five hundred feet of a cemetery, mortuary, church, or other place of worship during a funeral.

Laws 2006, LB 287, § 2;

Laws 2011, LB284, § 1.
Neb. Rev. Stat. § 13-827 — NE Code / Chapter 13 / Section 13-827
View Statute 13-827
Status: in_force

The Interlocal Cooperation Act is necessary for the welfare of the state and its inhabitants and shall be construed liberally to effect its purposes.

Laws 1991, LB 731, § 27.
Neb. Rev. Stat. § 16-218 — NE Code / Chapter 16 / Section 16-218
View Statute 16-218
Status: in_force

Except as otherwise provided by law, a city of the first class by ordinance may regulate and prescribe the powers, duties, and compensation of the officers of the city and classify such offices, on the basis of merit as the city council shall provide for that purpose.

Laws 1901, c. 18, § 48, XXIII, p. 250;

R.S.1913, § 4834;

C.S.1922, § 4002;

C.S.1929, § 16-219;

Laws 1939, c. 11, § 1, p. 78;

C.S.Supp.,1941, § 16-219;

R.S.1943, § 16-218;

Laws 2016, LB704, § 24.
Neb. Rev. Stat. § 44-4856 — NE Code / Chapter 44 / Section 44-4856
View Statute 44-4856
Status: in_force

(1) In a liquidation proceeding in a reciprocal state against an insurer domiciled in that state, claimants against the insurer who reside within this state may file claims either with the ancillary receiver, if any, in this state or with the domiciliary liquidator. Claims shall be filed on or before the last date fixed for the filing of claims in the domiciliary liquidation proceeding.

(2) Claims belonging to claimants residing in this state may be proved either in the domiciliary state under the law of that state or in ancillary proceedings, if any, in this state. If a claimant elects to prove his or her claim in this state, he or she shall file his or her claim with the liquidator in the manner provided in sections 44-4835 and 44-4836 . The ancillary receiver shall make his or her recommendation to the court as under section 44-4843 . He or she shall also arrange a date for hearing if necessary under section 44-4839 and shall give notice to the liquidator in the domiciliary state, either by certified mail or by personal service, at least forty days prior to the date set for hearing. If the domiciliary liquidator, within thirty days after the giving of such notice, gives notice in writing to the ancillary receiver and to the claimant, either by certified mail or by personal service, of his or her intention to contest the claim, he or she shall be entitled to appear or to be represented in any proceeding in this state involving the adjudication of the claim.

(3) The final allowance of the claim by the courts of this state shall be accepted as conclusive as to amount and as to priority against special deposits or other security located in this state.

Laws 1989, LB 319, § 56.
Neb. Rev. Stat. § 38-1136.01 — NE Code / Chapter 38 / Section 38-1136.01
View Statute 38-1136.01
Status: in_force

The department, with the recommendation of the board, may, by rule and regulation, prescribe functions, procedures, and services in addition to those in section 38-1135 which may be performed by a licensed dental assistant under the supervision of a licensed dentist when intended to attain or maintain optimal oral health.

Laws 2017, LB18, § 19.
Neb. Rev. Stat. § 44-1644 — NE Code / Chapter 44 / Section 44-1644
View Statute 44-1644
Status: in_force

Not later than ten working days following the date of the death of the employee, the employer shall send a notice by certified mail with return receipt requested to the covered surviving spouse or, if there is no covered surviving spouse, to any covered surviving dependent children of the deceased employee at his, her, or their home address as shown on the records of the employer. Such notice shall set forth (1) the right of the covered surviving spouse or the covered surviving dependent children to elect to continue coverage in accordance with section 44-1643 and the election form to be used in exercising such right, (2) the amount of each monthly premium to be paid by the covered surviving spouse or covered surviving dependent children, and (3) the manner, time, and to whom the completed election form shall be returned and each monthly premium shall be paid.

Laws 1989, LB 318, § 5.
Neb. Rev. Stat. § 43-1241 — NE Code / Chapter 43 / Section 43-1241
View Statute 43-1241
Status: in_force

(a) A court of this state has temporary emergency jurisdiction if the child is present in this state and the child has been abandoned or it is necessary in an emergency to protect the child because the child, or a sibling or parent of the child, is subjected to or threatened with mistreatment or abuse.

(b) If there is no previous child custody determination that is entitled to be enforced under the Uniform Child Custody Jurisdiction and Enforcement Act and a child custody proceeding has not been commenced in a court of a state having jurisdiction under sections 43-1238 to 43-1240 , a child custody determination made under this section remains in effect until an order is obtained from a court of a state having jurisdiction under such sections. If a child custody proceeding has not been or is not commenced in a court of a state having jurisdiction under such sections, a child custody determination made under this section becomes a final determination, if it so provides, and this state becomes the home state of the child.

(c) If there is a previous child custody determination that is entitled to be enforced under the act, or a child custody proceeding has been commenced in a court of a state having jurisdiction under sections 43-1238 to 43-1240 , any order issued by a court of this state under this section shall specify in the order a period that the court considers adequate to allow the person seeking an order to obtain an order from the state having jurisdiction under such sections. The order issued in this state remains in effect until an order is obtained from the other state within the period specified or the period expires.

(d) A court of this state which has been asked to make a child custody determination under this section, upon being informed that a child custody proceeding has been commenced in, or a child custody determination has been made by, a court of a state having jurisdiction under sections 43-1238 to 43-1240 , shall immediately communicate with the other court. A court of this state which is exercising jurisdiction pursuant to such sections, upon being informed that a child custody proceeding has been commenced in, or a child custody determination has been made by, a court of another state under a statute similar to this section shall immediately communicate with the court of that state to resolve the emergency, protect the safety of the parties and the child, and determine a period for the duration of the temporary order.

Laws 2003, LB 148, § 16.
Neb. Rev. Stat. § 9-502 — NE Code / Chapter 9 / Section 9-502
View Statute 9-502
Status: in_force

(1) The purpose of the Nebraska Small Lottery and Raffle Act is to allow qualifying nonprofit organizations to conduct lotteries and raffles with gross proceeds not greater than fifteen thousand dollars subject to minimal regulation.

(2) The Nebraska Small Lottery and Raffle Act shall apply to all lotteries and raffles with gross proceeds not greater than fifteen thousand dollars, except for lotteries by the sale of pickle cards conducted in accordance with the Nebraska Pickle Card Lottery Act, lotteries conducted by a county, city, or village in accordance with the Nebraska County and City Lottery Act, and lottery games conducted pursuant to the State Lottery Act.

(3) All such lotteries and raffles shall be played and conducted only by the methods permitted in the Nebraska Small Lottery and Raffle Act. No other form or method shall be authorized or permitted.

Laws 1986, LB 1027, § 160;

Laws 1991, LB 849, § 53;

Laws 1993, LB 138, § 11;

Laws 2024, LB1204, § 6.

Nebraska County and City Lottery Act, see section 9-601 .

Nebraska Pickle Card Lottery Act, see section 9-301 .

State Lottery Act, see section 9-801 .
Neb. Rev. Stat. § 44-5435 — NE Code / Chapter 44 / Section 44-5435
View Statute 44-5435
Status: in_force

(1) A utilization review agent shall ensure that all adverse determinations for prior authorization are made by a physician, except that if the requesting health care provider is not a physician, the adverse determination may be made by a clinical peer of the requesting health care provider. Such physician or clinical peer shall:

(a) Possess a current and valid nonrestricted license in a United States jurisdiction;

(b) Have the appropriate training, knowledge, or expertise to apply appropriate clinical guidelines to the health care service being requested; and

(c) Make the adverse determination under the clinical direction of one of the utilization review agent's medical directors who is responsible for the provision of health care services provided to enrollees of Nebraska. All such medical directors must be physicians licensed in a United States jurisdiction.

(2) When an adverse determination for prior authorization is issued or a prior authorization is canceled or voided, the utilization review agent shall provide notice to the requesting health care provider. The notice shall include the reason for denial, citing written clinical review criteria.

(3)(a) If an adverse determination for prior authorization questions the medical necessity, the appropriateness, or the experimental or investigational nature of a health care service, the enrollee's health care provider shall have the opportunity to discuss the health care service with the physician or clinical peer who is responsible for determining authorization of the health care service under review. The enrollee's health care provider may request that such discussion occur within three business days after receiving notice of the adverse determination. No discussion shall be required or allowed for an adverse determination that is due to contract exclusions or benefits that are not covered by the health benefit plan.

(b) Following any discussion under subdivision (3)(a) of this section, the utilization review agent shall notify the requesting health care provider whether the adverse determination decision remains the same. The notice under this subdivision shall be provided (i) within one business day after the discussion under subdivision (3)(a) of this section for an urgent health care service or (ii) within two business days after the discussion under subdivision (3)(a) of this section for a nonurgent health care service.

(c) A discussion under subdivision (3)(a) of this section shall not replace or eliminate the opportunity for any internal grievance or appeal process provided by the utilization review agent.

Laws 2025, LB77, § 4.
Neb. Rev. Stat. § 71-801 — NE Code / Chapter 71 / Section 71-801
View Statute 71-801
Status: in_force

Sections 71-801 to 71-830 and the Certified Community Behavioral Health Clinic Act shall be known and may be cited as the Nebraska Behavioral Health Services Act.

Laws 2004, LB 1083, § 1;

Laws 2006, LB 994, § 91;

Laws 2009, LB154, § 17;

Laws 2009, LB603, § 3;

Laws 2012, LB1158, § 3;

Laws 2020, LB1158, § 5;

Laws 2023, LB276, § 1.

Certified Community Behavioral Health Clinic Act, see section 71-832 .