FrankGoortani/open-us-law huggingface dataset:
Neb. Rev. Stat. § 59-1725 — NE Code / Chapter 59 / Section 59-1725
View Statute 59-1725
Status: in_force

(1)(a) The Director of Banking and Finance in his or her discretion may make such investigations within or without this state as he or she deems necessary to determine whether any person has violated or is about to violate any provision of the Seller-Assisted Marketing Plan Act or any rule, regulation, or order of the director or to aid in the enforcement of the act or in the adoption or promulgation of rules, regulations, and forms under the act. In the discretion of the director, the actual expense of any such investigation may be charged to the person who is the subject of the investigation.

(b) The director may publish information concerning any violation of the act or any rule, regulation, or order of the director.

(c) For the purpose of any investigation or proceeding under the act, the director or any officer designated by him or her may administer oaths and affirmations, subpoena witnesses, compel their attendance, take evidence, and require the production of any books, papers, correspondence, memoranda, agreements, or other documents or records which the director deems relevant or material to the inquiry.

(2)(a) In case of contumacy by or refusal to obey a subpoena issued to any person, any court of competent jurisdiction, upon application by the director, may issue to that person an order requiring him or her to appear before the director or the officer designated by the director to produce documentary evidence if so ordered or to give evidence touching the matter under investigation or in question. Any failure to obey the order of the court may be punished by the court as a contempt of court.

(b) The request for order of compliance may be addressed to either (i) the district court of Lancaster County or the district court in the county where service may be obtained on the person refusing to testify or produce if the person is within this state or (ii) the appropriate district court of this state having jurisdiction over the person refusing to testify or produce if the person is outside this state.

Laws 1979, LB 180, § 25;

Laws 1983, LB 461, § 2;

Laws 1993, LB 218, § 11.
Neb. Rev. Stat. § 49-1450 — NE Code / Chapter 49 / Section 49-1450
View Statute 49-1450
Status: in_force

The statement of organization required by section 49-1449 shall include the following information:

(1) The name, street address, and telephone number, if any, of the committee. The committee address may be the home address of the candidate or treasurer of the committee;

(2) The name, street address, and telephone number, if any, of each person, other than an individual, that is a member of the committee;

(3) The full name, street address, and telephone number, if any, of the treasurer and other principal officers of the committee;

(4) The name and address of the financial institution in which the official committee depository is located, and the name and address of each financial institution in which a secondary depository is or is intended to be located;

(5) The full name of and office sought by each candidate and a brief statement identifying the substance of each ballot question supported or opposed by the committee;

(6) Identification of the committee as a candidate committee, political party committee, independent committee, or ballot question committee if it is identifiable as such a committee; and

(7) Such other information as may be required by the rules and regulations of the commission.

Laws 1976, LB 987, § 50.
Neb. Rev. Stat. § 66-1001 — NE Code / Chapter 66 / Section 66-1001
View Statute 66-1001
Status: in_force

The Legislature finds, for purposes of sections 66-1001 to 66-1011 , that:

(1) Our present dependence on foreign oil has created a danger to the public health and welfare and a need for a dependable source of energy;

(2) Conservation is one of the most prudent means of meeting our need for a dependable source of energy;

(3) There is an urgent and continuing need for every person and business in the state to conserve energy;

(4) There is an urgent and continuing need for capital to provide the initial investment necessary to make homes and other buildings more energy efficient;

(5) It would be prudent for our publicly owned electric utilities to supply this needed capital in order to avoid the greater costs of constructing new generation facilities; and

(6) Involvement by our publicly owned electric utilities in energy conservation programs serves a public purpose.

Laws 1980, LB 954, § 14.
Neb. Rev. Stat. § 8-107 — NE Code / Chapter 8 / Section 8-107
View Statute 8-107
Status: in_force

The department has the authority to require the officers of any bank, or any of them, to open and keep such books or accounts as the department in its discretion may determine and prescribe for the purpose of keeping accurate and convenient records of the transactions and accounts of such bank. Any bank that refuses or neglects to open and keep such books or accounts as may be prescribed by the department shall be subject to a penalty of ten dollars for each day it neglects or fails to open and keep such books and accounts after receiving written notice from the department. Such penalty may be collected in the manner prescribed for the collection of fees for the examination of such bank.

Laws 1923, c. 191, § 33, p. 456;

C.S.1929, § 8-102;

Laws 1933, c. 18, § 5, p. 136;

C.S.Supp.,1941, § 8-102;

R.S.1943, § 8-105;

Laws 1963, c. 29, § 7, p. 136;

Laws 2017, LB140, § 8.

Bank officer must enter up transaction at once. State ex rel. Sorensen v. Citizens State Bank of Wahoo, 124 Neb. 846, 248 N.W. 388 (1933).

Bank officer must enter up transaction at once. State ex rel. Sorensen v. Citizens State Bank of Wahoo, 124 Neb. 846, 248 N.W. 388 (1933).
Neb. Rev. Stat. § 1-141 — NE Code / Chapter 1 / Section 1-141
View Statute 1-141
Status: in_force

A written notice stating the nature of the charge or charges against the accused and the time and place of the hearing before the board on such charges shall be served on the accused not less than thirty days prior to the date of said hearing either personally or by mailing a copy thereof by either registered or certified mail to the address of the accused last known to the board.

Laws 1957, c. 1, § 36, p. 68.
Neb. Rev. Stat. § 46-1609 — NE Code / Chapter 46 / Section 46-1609
View Statute 46-1609
Status: in_force

Breach means partial removal of a dam creating a channel through the dam to the natural bed elevation of the stream.

Laws 2005, LB 335, § 9.
Neb. Rev. Stat. § 25-914 — NE Code / Chapter 25 / Section 25-914
View Statute 25-914
Status: in_force

Every direction of a court or judge, made or entered in writing and not included in a judgment, is an order.

R.S.1867, Code § 578, p. 495;

R.S.1913, § 7730;

C.S.1922, § 8674;

C.S.1929, § 20-914;

R.S.1943, § 25-914.

A docket entry/journal entry contained in the "Judges Notes" constituted an interlocutory order disposing of the party's motion to alter or amend; it did not need to be a separate file-stamped document. Pearce v. Mutual of Omaha Ins. Co., 28 Neb. App. 410, 945 N.W.2d 516 (2020).

A docket entry/journal entry contained in the "Judges Notes" constituted an interlocutory order disposing of the party's motion to alter or amend; it did not need to be a separate file-stamped document. Pearce v. Mutual of Omaha Ins. Co., 28 Neb. App. 410, 945 N.W.2d 516 (2020).

An unsigned journal entry without a file stamp can constitute an interlocutory order; but it cannot constitute a final, appealable order, particularly when it does not dispose of all issues. Pearce v. Mutual of Omaha Ins. Co., 28 Neb. App. 410, 945 N.W.2d 516 (2020).

An unsigned journal entry without a file stamp can constitute an interlocutory order; but it cannot constitute a final, appealable order, particularly when it does not dispose of all issues. Pearce v. Mutual of Omaha Ins. Co., 28 Neb. App. 410, 945 N.W.2d 516 (2020).
Neb. Rev. Stat. § 30-2216 — NE Code / Chapter 30 / Section 30-2216
View Statute 30-2216
Status: in_force

The acts and orders which this code specifies as performable by the registrar may be performed either by a judge of the court or by a person, including the clerk, designated by the court by a written order filed and recorded in the office of the court.

Laws 1974, LB 354, § 16, UPC § 1-307.
Neb. Rev. Stat. § 21-123 — NE Code / Chapter 21 / Section 21-123
View Statute 21-123
Status: in_force

(RULLCA 207) (a) If a record delivered to the Secretary of State for filing under the Nebraska Uniform Limited Liability Company Act and filed by the Secretary of State contains inaccurate information, a person that suffers a loss by reliance on the information may recover damages for the loss from:

(1) a person that signed the record, or caused another to sign it on the person's behalf, and knew the information to be inaccurate at the time the record was signed; and

(2) subject to subsection (b) of this section, a member of a member-managed limited liability company or the manager of a manager-managed limited liability company, if:

(A) the record was delivered for filing on behalf of the company; and

(B) the member or manager had notice of the inaccuracy for a reasonably sufficient time before the information was relied upon so that, before the reliance, the member or manager reasonably could have:

(i) effected an amendment under section 21-118 ;

(ii) filed a petition under section 21-120 ; or

(iii) delivered to the Secretary of State for filing a statement of change under section 21-114 or a statement of correction under section 21-122 .

(b) To the extent that the operating agreement of a member-managed limited liability company expressly relieves a member of responsibility for maintaining the accuracy of information contained in records delivered on behalf of the company to the Secretary of State for filing under the act and imposes that responsibility on one or more other members, the liability stated in subdivision (a)(2) of this section applies to those other members and not to the member that the operating agreement relieves of the responsibility.

(c) An individual who signs a record authorized or required to be filed under the act affirms under penalty of perjury that the information stated in the record is accurate.

Laws 2010, LB888, § 23.
Neb. Rev. Stat. § 2-4609 — NE Code / Chapter 2 / Section 2-4609
View Statute 2-4609
Status: in_force

The filing of a complaint shall not preclude the complainant from pursuing any other remedy available to the complainant under the Erosion and Sediment Control Act, other law, or equity.

Laws 1986, LB 474, § 9.
Neb. Rev. Stat. § 42-364.12 — NE Code / Chapter 42 / Section 42-364.12
View Statute 42-364.12
Status: in_force

Any employer failing to make answer truthfully and completely to the interrogatories propounded pursuant to section 42-364.03 may be punished by the court for civil contempt. The court shall first afford such employer a reasonable opportunity to purge itself of such contempt. Any employer who shall fail or refuse to deliver earnings pursuant to an order to withhold and transmit earnings, when such employer has had in its possession such earnings, shall be personally liable for the amount of such earnings which the employer failed or refused to deliver, together with costs, interest, and reasonable attorney's fees. Any employer who fails to notify in writing the clerk of the court entering an order to withhold and transmit earnings of the termination of the parent-employee and the name and address of the parent-employee's new employer, if known, within thirty days after the termination of employment, may be punished by the court for civil contempt. Any employer who dismisses, demotes, disciplines, or in any way penalizes a parent-employee on account of any proceeding to collect child support, on account of any order or orders entered by the court in such proceeding, or on account of the employer's compliance with such order or orders, shall be liable to the parent-employee for all damages, together with costs, interest thereon, and a reasonable attorney's fee, resulting from the employer's action and may be enjoined by any court of competent jurisdiction from continuing such action. Any proceeding to punish an employer for contempt, to hold the employer liable for earnings not withheld and transmitted, to hold the employer liable for actions taken against the parent-employee, or to enjoin the employer from continuing such actions, must be commenced within ninety days after the employer's act or failure to act upon which such proceeding is based.

Laws 1974, LB 1015, § 17.
Neb. Rev. Stat. § 21-167 — NE Code / Chapter 21 / Section 21-167
View Statute 21-167
Status: in_force

(RULLCA 904) In a derivative action under section 21-165 , the complaint must state with particularity:

(1) the date and content of the plaintiff's demand and the response to the demand by the managers or other members; or

(2) if a demand has not been made, the reasons a demand under subdivision (1) of section 21-165 would be futile.

Laws 2010, LB888, § 67.

A member bringing a derivative action must set forth in the complaint what actions were taken to comply with section 21-165. Klingelhoefer v. Parker, Grossart, 20 Neb. App. 825, 834 N.W.2d 249 (2013).

A member bringing a derivative action must set forth in the complaint what actions were taken to comply with section 21-165. Klingelhoefer v. Parker, Grossart, 20 Neb. App. 825, 834 N.W.2d 249 (2013).
Neb. Rev. Stat. § 44-416.08 — NE Code / Chapter 44 / Section 44-416.08
View Statute 44-416.08
Status: in_force

(1) For purposes of subdivision (3) of section 44-416.07 , qualified United States financial institution means an institution that:

(a) Is organized or, in the case of a United States office of a foreign banking organization, licensed under the laws of the United States or any state thereof;

(b) Is regulated, supervised, and examined by United States federal or state authorities having regulatory authority over banks and trust companies; and

(c) Has been determined by either the Director of Insurance or the Securities Valuation Office of the National Association of Insurance Commissioners to meet such standards of financial condition and standing as are considered necessary and appropriate to regulate the quality of financial institutions whose letters of credit will be acceptable to the director.

(2) For purposes of those provisions of sections 44-416.05 to 44-416.10 specifying those institutions that are eligible to act as a fiduciary of a trust, qualified United States financial institution means an institution that:

(a) Is organized or, in the case of a United States branch or agency office of a foreign banking organization, licensed under the laws of the United States or any state thereof and has been granted authority to operate with fiduciary powers; and

(b) Is regulated, supervised, and examined by federal or state authorities having regulatory authority over banks and trust companies.

Laws 2005, LB 119, § 33.
Neb. Rev. Stat. § 61-213 — NE Code / Chapter 46 / Section 61-213
61-213
Status: in_force

Water division No. 1 shall consist of (1) all the lands of the state drained by the Platte Rivers and their tributaries lying west of the mouth of the Loup River and (2) all other lands lying south of the Platte and South Platte Rivers that may be watered from other superficial or subterranean streams not tributary to the Platte River.

Laws 1895, c. 69, § 2, p. 244;

R.S.1913, § 3379;

Laws 1919, c. 190, tit. VII, art. V, div. 1, § 11, p. 833;

C.S.1922, § 8416;

C.S.1929, § 46-511;

R.S.1943, § 46-216;

R.S.1943, (1998), § 46-216;

Laws 2000, LB 900, § 13.
Neb. Rev. Stat. § 18-413 — NE Code / Chapter 18 / Section 18-413
View Statute 18-413
Status: in_force

Any city or village in this state erecting, constructing, or maintaining a system of waterworks, or part of a system of waterworks, outside its corporate limits, is granted the right-of-way along any of the public roads of the state, along any of the streets and alleys of any city or village within the state, and over and through any of the lands which are the property of the state, for the laying, constructing, and maintaining of water mains, conduits, and aqueducts for the purpose of transporting or conveying water from such system of waterworks, or part of such system of waterworks, to such city or village erecting the same. Such city or village is granted such right-of-way for the further purpose of erecting and maintaining all necessary poles, wires, or conduits, for the purpose of transporting, transmitting, or conveying electric current from such city or village to such system of waterworks, or part of such system of waterworks, for power and light purposes. In constructing such water mains, conduits, and aqueducts for transporting water and such poles, wires, and conduits for transmitting electric current along the streets or alleys of any other city or village, such city or village shall construct and locate the same in accordance with existing ordinances of such other city or village pertaining thereto and shall be liable for any damage caused thereby. Such poles and wires shall be constructed so as not to interfere with the use of the public roadway, and such wires shall be placed at a height not less than twenty feet above all road crossings.

Laws 1931, c. 35, § 1, p. 127;

C.S.Supp.,1941, § 18-1301;

R.S.1943, § 18-413;

Laws 2021, LB163, § 29.
Neb. Rev. Stat. § 2-4403 — NE Code / Chapter 2 / Section 2-4403
View Statute 2-4403
Status: in_force

(1) A farm or farm operation or a public grain warehouse or public grain warehouse operation shall not be found to be a public or private nuisance if the farm or farm operation or public grain warehouse or public grain warehouse operation existed before a change in the land use or occupancy of land in and about the locality of such farm or farm operation or public grain warehouse or public grain warehouse operation and before such change in land use or occupancy of land the farm or farm operation or public grain warehouse or public grain warehouse operation would not have been a nuisance.

(2) No suit shall be maintained against a farm or farm operation or public grain warehouse or public grain warehouse operation for public or private nuisance more than two years after the condition which is the subject matter of the suit reaches a level of offense sufficient to sustain a claim of nuisance.

(3) The limitation provided for in this section shall not apply to any action brought to determine compliance with or to enforce a previous order of a court related to the same claim of nuisance or to any claims for additional damages or equitable relief available when a farm or farm operation or public grain warehouse or public grain warehouse operation fails to remediate a nuisance pursuant to such court order.

Laws 1982, LB 668, § 3;

Laws 1998, LB 1193, § 7;

Laws 2019, LB227, § 1.

This section, as amended by 1998 Neb. Laws, LB1193, contains no language evidencing an intent that it should be applied retrospectively and thus operates prospectively only. Soukop v. ConAgra, Inc., 264 Neb. 1015, 653 N.W.2d 655 (2002).

This section, as amended by 1998 Neb. Laws, LB1193, contains no language evidencing an intent that it should be applied retrospectively and thus operates prospectively only. Soukop v. ConAgra, Inc., 264 Neb. 1015, 653 N.W.2d 655 (2002).

The Nebraska Right to Farm Act applies only where there has been a change in land use or occupancy of land in and about the locality of such farm or farm operation, not where the change has taken place on the farm itself. Flansburgh v. Coffey, 220 Neb. 381, 370 N.W.2d 127 (1985).

The Nebraska Right to Farm Act applies only where there has been a change in land use or occupancy of land in and about the locality of such farm or farm operation, not where the change has taken place on the farm itself. Flansburgh v. Coffey, 220 Neb. 381, 370 N.W.2d 127 (1985).
Neb. Rev. Stat. § 44-2854.01 — NE Code / Chapter 44 / Section 44-2854.01
View Statute 44-2854.01
Status: in_force

The Department of Insurance shall adopt and promulgate rules and regulations regarding the administration of the Nebraska Hospital-Medical Liability Act. Such rules and regulations shall relate to issuing notices of payment due and such other matters as may be necessary to promote the efficient operation of the act in accordance with its terms.

Laws 1984, LB 692, § 19.
Neb. Rev. Stat. § 60-377 — NE Code / Chapter 60 / Section 60-377
View Statute 60-377
Status: in_force

Any person, firm, or corporation in this state engaged in the business of equipping, modifying, repairing, or detailing motor vehicles or trailers which are not registered and which are not owned by such person, firm, or corporation shall make an application to the department for a registration certificate and one license plate. Such application shall be accompanied by a fee of thirty dollars. Additional pairs of certificates and license plates may be procured for a fee of thirty dollars each. Such license plates shall be designed by the department and shall bear a mark and be serially numbered so as to be distinguished from each other. Such license plates may be used solely for the purpose of equipping, modifying, repairing, detailing, and delivering such motor vehicles or trailers. Upon demand of proper authorities, the operator of such motor vehicle shall present a written statement from the owner authorizing operation of such motor vehicle or towing such trailer.

Laws 2005, LB 274, § 77.
Neb. Rev. Stat. § 3-709 — NE Code / Chapter 3 / Section 3-709
View Statute 3-709
Status: in_force

All income, revenue, receipts, profits, and money of a joint authority, from whatever source derived, shall be paid to the treasurer of the joint authority who shall not commingle such money with any other money under his or her control. Such money shall be deposited in a separate bank, capital stock financial institution, or qualifying mutual financial institution account or accounts. Such money shall be withdrawn only by check, draft, or order signed by the treasurer on requisition of the chairperson of the joint authority or of such other person or persons as the joint authority may authorize to make such requisitions, approved by the board. Notwithstanding the provisions of this section, such joint authority may contract with the holders of any of its bonds as to collection, custody, securing, investment, and payment of any money of the joint authority or any money held in trust or otherwise for the payment of bonds or in any way to secure bonds. The joint authority may carry out any such contract notwithstanding that such contract may be inconsistent with the previous provisions of this section. All banks, capital stock financial institutions, qualifying mutual financial institutions, and trust companies are hereby authorized to give security for such deposits of money of joint authorities pursuant to the Public Funds Deposit Security Act. Section 77-2366 shall apply to deposits in capital stock financial institutions. Section 77-2365.01 shall apply to deposits in qualifying mutual financial institutions.

Laws 1969, c. 24, § 9, p. 211;

Laws 1989, LB 33, § 5;

Laws 1999, LB 396, § 3;

Laws 2001, LB 362, § 6.

Public Funds Deposit Security Act, see section 77-2386 .