FrankGoortani/open-us-law huggingface dataset:
Neb. Rev. Stat. § 23-3204 — NE Code / Chapter 23 / Section 23-3204
View Statute 23-3204
Status: in_force

A county assessor need not be a resident of the county when he or she files for election as county assessor, but a county assessor shall reside in a county for which he or she holds office.

Laws 1969, c. 623, § 6, p. 2522;

R.S.1943, (1986), § 77-426;

Laws 1990, LB 821, § 19;

Laws 1996, LB 1085, § 37.
Neb. Rev. Stat. § 53-180.04 — NE Code / Chapter 53 / Section 53-180.04
View Statute 53-180.04
Status: in_force

(1) Every licensee of a place where alcoholic liquor is sold at retail shall display at all times in a prominent place a printed card with a minimum height of twenty inches and a width of fourteen inches, with each letter to be a minimum of one-fourth inch in height, which shall read as follows:

WARNING TO PERSONS UNDER 21 YOU ARE SUBJECT TO NOTIFICATION OF PARENTS OR GUARDIAN AND YOU ARE SUBJECT TO A PENALTY OF UP TO $500 FINE 3 MONTHS IN JAIL OR BOTH IF YOU ARE UNDER 21 AND YOU CONSUME, PURCHASE, ATTEMPT TO PURCHASE, OR HAVE IN YOUR POSSESSION ALCOHOLIC LIQUOR IN THIS ESTABLISHMENT AND WARNING TO ADULTS YOU ARE SUBJECT TO A PENALTY OF UP TO $1000 FINE 1 YEAR IN JAIL OR BOTH IF YOU ARE 21 OR OVER AND YOU PURCHASE ALCOHOLIC LIQUOR FOR A PERSON UNDER 21 AND WARNING TO PURCHASERS OF BEER KEGS PROPER IDENTIFICATION AND PURCHASER'S SIGNATURE ARE REQUIRED LAWS OF THE STATE OF NEBRASKA

(2) Such warning sign may be provided electronically by the commission to the licensee.

Laws 1951, c. 174, § 1(5), p. 664;

Laws 1963, c. 313, § 1, p. 943;

Laws 1969, c. 440, § 3, p. 1474;

Laws 1980, LB 221, § 4;

Laws 1980, LB 848, § 19;

Laws 1984, LB 56, § 3;

Laws 1985, LB 493, § 1;

Laws 1993, LB 332, § 7;

Laws 2001, LB 114, § 5;

Laws 2022, LB1204, § 9.
Neb. Rev. Stat. § 30-2338 — NE Code / Chapter 30 / Section 30-2338
View Statute 30-2338
Status: in_force

Whether or not the provisions relating to holographic wills apply, a will may refer to a written statement or list to dispose of items of tangible personal property not otherwise specifically disposed of by the will, other than money, evidences of indebtedness, documents of title, and securities, and property used in trade or business. To be admissible under this section as evidence of the intended disposition, the writing must have an indication of the date of the writing or signing and, in the absence of such indication of date, be the only such writing or contain no inconsistency with any other like writing or permit determination of such date of writing or signing from the contents of such writing, from extrinsic circumstances, or from any other evidence, must either be in the handwriting of the testator or be signed by him or her, and must describe the items and the devisees with reasonable certainty. The writing may be referred to as one to be in existence at the time of the testator's death; it may be prepared before or after the execution of the will; it may be altered by the testator after its preparation; and it may be a writing which has no significance apart from its effect upon the disposition made by the will.

Laws 1974, LB 354, § 60, UPC § 2-513;

Laws 1980, LB 694, § 8.
Neb. Rev. Stat. § 46-1627 — NE Code / Chapter 46 / Section 46-1627
View Statute 46-1627
Status: in_force

Probable means likely to occur and reasonably expected.

Laws 2005, LB 335, § 27.
Neb. Rev. Stat. § 48-2618 — NE Code / Chapter 48 / Section 48-2618
View Statute 48-2618
Status: in_force

In applying and construing this uniform act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.

Laws 2009, LB292, § 18.
Neb. Rev. Stat. § 43-3316 — NE Code / Chapter 43 / Section 43-3316
View Statute 43-3316
Status: in_force

If the license holder makes a timely request for administrative review after receiving a notice under section 43-3314 , the Department of Health and Human Services shall provide an opportunity for a hearing in accordance with the Administrative Procedure Act. The issues that may be determined at the hearing are limited to whether there has been an error in the identity of the license holder or in the determination of whether the license holder is a license holder described in subsection (1) of section 43-3314 . The license holder may raise additional issues, including the reasonableness of a payment plan for a support order, to be preserved for appeal to the district court as provided under the Administrative Procedure Act. The Department of Health and Human Services shall stay the action to certify the license holder to the Department of Motor Vehicles and relevant licensing authorities as a license holder described in subsection (1) of section 43-3314 pending the outcome of the hearing. The Department of Health and Human Services shall notify the license holder of its decision.

Laws 1997, LB 752, § 16.

Administrative Procedure Act, see section 84-920 .
Neb. Rev. Stat. § 38-1074 — NE Code / Chapter 71 / Section 38-1074
38-1074
Status: in_force

Licensure as a temporary practitioner shall expire eight weeks following the date of issuance or upon receipt of examination results, whichever occurs first. The department may extend the license an additional eight weeks.

Laws 1986, LB 318, § 66;

Laws 1987, LB 543, § 13;

Laws 1995, LB 83, § 32;

Laws 2002, LB 241, § 28;

Laws 2004, LB 906, § 24;

Laws 2004, LB 1005, § 29;

R.S.Supp.,2006, § 71-3,105;

Laws 2007, LB463, § 336;

Laws 2018, LB731, § 23.
Neb. Rev. Stat. § 44-6023.01 — NE Code / Chapter 44 / Section 44-6023.01
View Statute 44-6023.01
Status: in_force

There shall be no liability on the part of, and no cause of action shall arise against, the director, the Department of Insurance, or its employees or agents for any action taken by them in the performance of their powers and duties under the Insurers and Health Organizations Risk-Based Capital Act.

Laws 1994, LB 978, § 45;

Laws 1999, LB 258, § 29.
Neb. Rev. Stat. § 13-2016 — NE Code / Chapter 13 / Section 13-2016
View Statute 13-2016
Status: in_force

System shall mean any equipment, vehicles, facilities, personnel, or contractors utilized for the purpose of collection, source separation, storage, transportation, transfer, processing, treatment, or disposal of solid waste.

Laws 1992, LB 1257, § 16.
Neb. Rev. Stat. § 21-239 — NE Code / Chapter 21 / Section 21-239
View Statute 21-239
Status: in_force

(MBCA 6.03) (a) A corporation may issue the number of shares of each class or series authorized by the articles of incorporation. Shares that are issued are outstanding shares until they are reacquired, redeemed, converted, or canceled.

(b) The reacquisition, redemption, or conversion of outstanding shares is subject to the limitations of subsection (c) of this section and to section 21-252 .

(c) At all times that shares of the corporation are outstanding, one or more shares that together have unlimited voting rights and one or more shares that together are entitled to receive the net assets of the corporation upon dissolution must be outstanding.

Laws 2014, LB749, § 39.
Neb. Rev. Stat. § 71-434 — NE Code / Chapter 71 / Section 71-434
View Statute 71-434
Status: in_force

(1) Licensure activities under the Health Care Facility Licensure Act shall be funded by license fees. An applicant for an initial or renewal license under section 71-433 shall pay a license fee as provided in this section.

(2) License fees shall include a base fee of fifty dollars and an additional fee based on:

(a) Variable costs to the department of inspections, architectural plan reviews, and receiving and investigating complaints, including staff salaries, travel, and other similar direct and indirect costs;

(b) The number of beds available to persons residing at the health care facility;

(c) The program capacity of the health care facility or health care service; or

(d) Other relevant factors as determined by the department.

Such additional fee shall be no more than two thousand six hundred dollars for a hospital or a health clinic operating as an ambulatory surgical center, no more than two thousand dollars for an assisted-living facility, a health clinic providing hemodialysis or labor and delivery services, an intermediate care facility, an intermediate care facility for persons with developmental disabilities, a nursing facility, or a skilled nursing facility, no more than one thousand dollars for home health agencies, hospice services, and centers for the developmentally disabled, and no more than seven hundred dollars for all other health care facilities and health care services.

(3) If the licensure application is denied, the license fee shall be returned to the applicant, except that the department may retain up to twenty-five dollars as an administrative fee and may retain the entire license fee if an inspection has been completed prior to such denial.

(4) The department shall also collect the fee provided in subsection (1) of this section for reinstatement of a license that has lapsed or has been suspended or revoked. The department shall collect a fee of ten dollars for a duplicate original license.

(5) The department shall adopt and promulgate rules and regulations for the establishment of license fees under this section.

(6) The department shall remit all license fees collected under this section to the State Treasurer for credit to the Health and Human Services Cash Fund. License fees collected under this section shall only be used for activities related to the licensure of health care facilities and health care services.

Laws 2000, LB 819, § 34;

Laws 2002, LB 1062, § 42;

Laws 2003, LB 415, § 1;

Laws 2005, LB 246, § 1;

Laws 2007, LB203, § 4;

Laws 2007, LB296, § 371;

Laws 2013, LB23, § 28;

Laws 2024, LB1215, § 27.
Neb. Rev. Stat. § 29-4401 — NE Code / Chapter 29 / Section 29-4401
View Statute 29-4401
Status: in_force

(1) When any person is found guilty of a crime involving abuse as defined in section 42-903 , the judge shall order a presentence investigation to be completed and returned to the court for consideration at the time of sentencing.

(2) At the time of sentencing, the court shall consider the safety and protection of the victim of abuse and any member of the victim's family or household when suspending a sentence or granting probation.

(3) The court may order the convicted person to complete a domestic abuse intervention program at the convicted person's expense in addition to any other penalties.

Laws 2004, LB 613, § 9.
Neb. Rev. Stat. § 44-351 — NE Code / Chapter 44 / Section 44-351
View Statute 44-351
Status: in_force

No company, association, or society organized under sections 44-202 to 44-208.08 shall take any name in use by any other company, association, or society or so closely resembling such name as to mislead the public as to its identity.

Laws 1913, c. 154, § 73, p. 424;

R.S.1913, § 3209;

Laws 1919, c. 190, tit. V, art. IV, § 43, p. 604;

C.S.1922, § 7808;

C.S.1929, § 44-343;

R.S.1943, § 44-351;

Laws 1989, LB 92, § 101.

Grand Lodge of one state may be enjoined from transacting insurance business in another state to injury of Grand Lodge of that state. Grand Lodge, A. O. U. W. v. Grand Lodge, A. O. U. W., 106 Neb. 12, 182 N.W. 510 (1921).

Grand Lodge of one state may be enjoined from transacting insurance business in another state to injury of Grand Lodge of that state. Grand Lodge, A. O. U. W. v. Grand Lodge, A. O. U. W., 106 Neb. 12, 182 N.W. 510 (1921).

Question of similarity of names is judicial question. Grand Lodge, A. O. U. W. v. Insurance Board, 103 Neb. 99, 170 N.W. 617 (1919).

Question of similarity of names is judicial question. Grand Lodge, A. O. U. W. v. Insurance Board, 103 Neb. 99, 170 N.W. 617 (1919).

If name or title of beneficiary insurance company contains a descriptive word by which it is generally known to public, to incorporate that word as the characteristic word in the name of a proposed new company would have a tendency to mislead the public. Knights of Maccabees of the World v. Searle, 75 Neb. 285, 106 N.W. 448 (1905).

If name or title of beneficiary insurance company contains a descriptive word by which it is generally known to public, to incorporate that word as the characteristic word in the name of a proposed new company would have a tendency to mislead the public. Knights of Maccabees of the World v. Searle, 75 Neb. 285, 106 N.W. 448 (1905).
Neb. Rev. Stat. § 60-682 — NE Code / Chapter 60 / Section 60-682
View Statute 60-682
Status: in_force

Unless otherwise declared in the Nebraska Rules of the Road with respect to particular offenses, a violation of any provision of the rules shall constitute a traffic infraction.

Laws 1973, LB 45, § 102;

R.S.1943, (1988), § 39-6,102;

Laws 1993, LB 370, § 178.

General penalty, see section 60-689 .

Operator's license, assessment of points, revocation, see section 60-4,182 et seq.

Prosecution of a traffic infraction is a misdemeanor criminal proceeding authorizing a non-lawyer associate judge of the county court to preside in any such proceeding. Miller v. Peterson, 208 Neb. 658, 305 N.W.2d 364 (1981).

Prosecution of a traffic infraction is a misdemeanor criminal proceeding authorizing a non-lawyer associate judge of the county court to preside in any such proceeding. Miller v. Peterson, 208 Neb. 658, 305 N.W.2d 364 (1981).

Prosecution for a traffic infraction is a criminal action. State v. Knoles, 199 Neb. 211, 256 N.W.2d 873 (1977).

Prosecution for a traffic infraction is a criminal action. State v. Knoles, 199 Neb. 211, 256 N.W.2d 873 (1977).

Held, contributory negligence no defense where defendant's negligence was sole proximate cause of intersection accident. Bonnes v. Olson, 197 Neb. 309, 248 N.W.2d 756 (1976).

Held, contributory negligence no defense where defendant's negligence was sole proximate cause of intersection accident. Bonnes v. Olson, 197 Neb. 309, 248 N.W.2d 756 (1976).

A motorist commits a traffic infraction by driving on a road marked with a road closed barricade and sign, thus giving an officer probable cause to stop the vehicle. State v. Morrissey, 19 Neb. App. 590, 810 N.W.2d 195 (2012).

A motorist commits a traffic infraction by driving on a road marked with a road closed barricade and sign, thus giving an officer probable cause to stop the vehicle. State v. Morrissey, 19 Neb. App. 590, 810 N.W.2d 195 (2012).
Neb. Rev. Stat. § 28-804.01 — NE Code / Chapter 28 / Section 28-804.01
View Statute 28-804.01
Status: in_force

In all cases arising under sections 28-801 to 28-804 , no person shall be excused from testifying against another person by reason of such testimony tending to incriminate the person testifying, but the testimony so given, unless voluntary, shall in no case be used against the person so testifying in any criminal prosecution or otherwise.

Laws 1978, LB 618, § 1;

Laws 2006, LB 1086, § 9.
Neb. Rev. Stat. § 44-1410 — NE Code / Chapter 44 / Section 44-1410
View Statute 44-1410
Status: in_force

If an enrollee elects to receive a shoppable health care service from an out-of-network provider that results in an incentive payment, the insurance carrier shall apply the amount paid for the shoppable health care service toward the enrollee’s member cost sharing as specified in the enrollee’s health plan as if the health care services were provided by an in-network provider.

Laws 2018, LB1119, § 20.
Neb. Rev. Stat. § 25-2223 — NE Code / Chapter 25 / Section 25-2223
View Statute 25-2223
Status: in_force

The surety in every undertaking, bond and recognizance, provided by this code, must be a resident of this state and must have property, liable to execution, situate in the county in this state in which such undertaking, bond or recognizance is to be given and filed, worth at least double the sum to be secured, beyond the amount of all liens and encumbrances thereon and his exemptions therein; but this provision shall not be held to apply to incorporated surety companies authorized by the laws of this state to transact business. Except in the case of incorporated surety companies, where there are two or more sureties in the same undertaking, bond or recognizance, they must, in the aggregate, have the qualifications prescribed in this section.

R.S.1867, Code § 898, p. 549;

Laws 1897, c. 96, § 1, p. 379;

R.S.1913, § 8572;

C.S.1922, § 9523;

Laws 1923, c. 112, § 2, p. 270;

C.S.1929, § 20-2224;

R.S.1943, § 25-2223.

Sureties on appeal or supersedeas bond are required to justify, or bond may be quashed. Fisher v. Keeler, 142 Neb. 79, 5 N.W.2d 143 (1942).

Sureties on appeal or supersedeas bond are required to justify, or bond may be quashed. Fisher v. Keeler, 142 Neb. 79, 5 N.W.2d 143 (1942).

Where appeal bond on appeal from county court was given with but one surety and was otherwise defective and appellant refused to amend bond notwithstanding appellee's repeated and specific objections, district court had no jurisdiction and should have sustained motions for nonsuit and dismissal. In re Estate of Kothe, 131 Neb. 531, 268 N.W. 464 (1936), opinion vacated on rehearing, 131 Neb. 780, 270 N.W. 117 (1936).

Where appeal bond on appeal from county court was given with but one surety and was otherwise defective and appellant refused to amend bond notwithstanding appellee's repeated and specific objections, district court had no jurisdiction and should have sustained motions for nonsuit and dismissal. In re Estate of Kothe, 131 Neb. 531, 268 N.W. 464 (1936), opinion vacated on rehearing, 131 Neb. 780, 270 N.W. 117 (1936).

Court may permit amendment of bond by adding affidavit of justification. In re Estate of Hoagland, 128 Neb. 219, 258 N.W. 538 (1935).

Court may permit amendment of bond by adding affidavit of justification. In re Estate of Hoagland, 128 Neb. 219, 258 N.W. 538 (1935).

Letters testamentary are not void or subject to collateral attack because sureties on executor's bond failed to make affidavit as to qualifications. In re Estate of Hoferer, 116 Neb. 254, 216 N.W. 826 (1927).

Letters testamentary are not void or subject to collateral attack because sureties on executor's bond failed to make affidavit as to qualifications. In re Estate of Hoferer, 116 Neb. 254, 216 N.W. 826 (1927).

Residence in county is not essential unless specifically required by statute. State ex rel. Lions Ins. Co. v. Baker, 45 Neb. 39, 63 N.W. 139 (1895).

Residence in county is not essential unless specifically required by statute. State ex rel. Lions Ins. Co. v. Baker, 45 Neb. 39, 63 N.W. 139 (1895).
Neb. Rev. Stat. § 70-1816 — NE Code / Chapter 70 / Section 70-1816
View Statute 70-1816
Status: in_force

A public entity collecting mandated project charges shall annually provide its customers with a concise explanation of mandated project charges billed to customers. Such explanation may be by billing insert, website information, or other appropriate means.

Laws 2006, LB 548, § 16.
Neb. Rev. Stat. § 71-3528 — NE Code / Chapter 71 / Section 71-3528
View Statute 71-3528
Status: in_force

Sections 71-3523 to 71-3527 do not apply to high-level radioactive waste or transuranic waste shipped by or for the United States Government for military, national security, or national defense purposes. Sections 71-3523 to 71-3527 do not require disclosure of defense information or restricted data as defined in the federal Atomic Energy Act of 1954.

Laws 2003, LB 165, § 6.
Neb. Rev. Stat. § 37-410 — NE Code / Chapter 37 / Section 37-410
View Statute 37-410
Status: in_force

(1) It shall be unlawful (a) for any person who has been issued a permit under the Game Law to lend or transfer his or her permit to another or for any person to borrow or use the permit of another, (b) for any person to procure a permit under an assumed name or to falsely state the place of his or her legal residence or make any other false statement in securing a permit, (c) for any person to knowingly issue or aid in securing a permit under the Game Law for any person not legally entitled thereto, (d) for any person disqualified for a permit to hunt, fish, or harvest fur with or without a permit during any period when such right has been forfeited or for which his or her permit has been revoked by the commission, or (e) for any nonresident under the age of sixteen years to receive a permit to harvest fur from any fur-bearing animal under the Game Law without presenting a written request therefor signed by his or her father, mother, or guardian.

(2) All children who are residents of the State of Nebraska and are under sixteen years of age shall not be required to have a permit to hunt, harvest fur, or fish.

(3) Any person violating subdivision (1)(a), (b), (c), or (d) of this section shall be guilty of a Class II misdemeanor and, upon conviction, shall be fined at least one hundred dollars for violations involving a fishing permit, at least one hundred fifty dollars for violations involving a small game, fur-harvesting, paddlefish, or deer permit, at least two hundred fifty dollars for violations involving an antelope permit, at least five hundred dollars for violations involving an elk permit, and at least one thousand dollars for violations involving a mountain sheep permit. Any person violating subdivision (1)(e) of this section shall be guilty of a Class III misdemeanor and shall be fined at least seventy-five dollars. Any permits purchased or used in violation of this section shall be confiscated by the court.

Laws 1929, c. 112, II, § 8, p. 411;

C.S.1929, § 37-208;

Laws 1941, c. 72, § 8, p. 305;

C.S.Supp.,1941, § 37-208;

R.S.1943, § 37-208;

Laws 1949, c. 102, § 1, p. 280;

Laws 1959, c. 150, § 2, p. 569;

Laws 1977, LB 40, § 173;

Laws 1981, LB 72, § 6;

Laws 1989, LB 34, § 9;

R.S.1943, (1993), § 37-208;

Laws 1998, LB 922, § 120;

Laws 1999, LB 176, § 22;

Laws 2003, LB 305, § 7;

Laws 2009, LB105, § 6.
Neb. Rev. Stat. § 2-2649 — NE Code / Chapter 2 / Section 2-2649
View Statute 2-2649
Status: in_force

Whenever the director has reason to believe that any person has violated any provision of the Pesticide Act, any rule or regulation adopted and promulgated pursuant to the act, or any order of the department, the director may issue a notice of hearing as provided for in section 2-2649.02 requiring the person to appear before the director (1) to show cause why an order should not be entered requiring such person to cease and desist from the violation charged. If after a hearing the director finds such person to be in violation of the act or the rules and regulations, he or she shall enter an order requiring the person to cease and desist from the specific act, practice, or omission, (2) to determine whether an administrative fine should be imposed or levied against the person pursuant to subdivision (9) of section 2-2626 , or (3) to determine whether the license of such person should be denied. Proceedings initiated pursuant to this section shall not preclude the department from pursuing other administrative, civil, or criminal actions.

Laws 1993, LB 588, § 28;

Laws 2002, LB 436, § 25;

Laws 2006, LB 874, § 13.
Neb. Rev. Stat. § 21-615 — NE Code / Chapter 21 / Section 21-615
View Statute 21-615
Status: in_force

Fraternal, benevolent and charitable organizations in this state which may adopt the provisions of sections 21-612 to 21-614 , and which shall establish homes, or funds therefor, in accordance therewith, shall, in the case where a grand lodge or grand body desires to hold the property of such home or its funds in its own name, file with the Secretary of State a certified copy of its charter together with a statement of the number of trustees or directors authorized by it to transact the business pertaining to such home or homes or funds. In case a grand body mentioned in section 21-613 shall organize an auxiliary corporation for such purpose as provided in section 21-612 , then and in such case such auxiliary corporation shall file with the Secretary of State a copy of its articles of association, duly certified by the secretary of such association.

Laws 1907, c. 30, § 4, p. 159;

R.S.1913, § 615;

C.S.1922, § 509;

C.S.1929, § 24-612;

R.S.1943, § 21-615.