FrankGoortani/open-us-law huggingface dataset:
Neb. Rev. Stat. § 69-1309 — NE Code / Chapter 69 / Section 69-1309
View Statute 69-1309
Status: in_force

If specific property which is subject to the provisions of sections 69-1302 and 69-1305 to 69-1308 is held for or owed or distributable to an owner whose last-known address is in another state by a holder who is subjected to the jurisdiction of that state, the specific property is not presumed abandoned in this state and subject to sections 69-1301 to 69-1329 if:

(a) It may be claimed as abandoned or escheated under the laws of such other state; and

(b) The laws of such other state make reciprocal provision that similar specific property is not presumed abandoned or escheatable by such other state when held for or owed or distributable to an owner whose last-known address is within this state by a holder who is subject to the jurisdiction of this state.

Laws 1969, c. 611, § 9, p. 2483.
Neb. Rev. Stat. § 23-121 — NE Code / Chapter 23 / Section 23-121
View Statute 23-121
Status: in_force

The county board shall provide and keep in repair, when the finances of the county will permit, suitable fireproof safes for the county clerk and county treasurer. It shall provide suitable books and stationery for the use of the county board, county clerk, county treasurer, county judge, sheriff, clerk of the district court, county school administrator, county surveyor, and county attorney.

Laws 1879, § 25, p. 361;

Laws 1887, c. 27, § 1, p. 353;

Laws 1909, c. 30, § 1, p. 211;

R.S.1913, § 954;

Laws 1915, c. 18, § 1, p. 76;

Laws 1919, c. 66, § 1, p. 176;

Laws 1919, c. 67, § 1, p. 179;

Laws 1921, c. 144, § 1, p. 616;

C.S.1922, § 854;

C.S.1929, § 26-108;

Laws 1935, c. 107, § 7, p. 346;

Laws 1939, c. 28, § 8, p. 149;

C.S.Supp.,1941, § 26-108;

R.S.1943, § 23-121;

Laws 1999, LB 272, § 5.

Board is not compelled to let printing contract to lowest bidder. State ex rel. Huse & Son v. Dixon County, 24 Neb. 106, 37 N.W. 936 (1888).

Board is not compelled to let printing contract to lowest bidder. State ex rel. Huse & Son v. Dixon County, 24 Neb. 106, 37 N.W. 936 (1888).
Neb. Rev. Stat. § 30-4621 — NE Code / Chapter 30 / Section 30-4621
View Statute 30-4621
Status: in_force

To the extent a powerholder releases, ineffectively exercises, or fails to exercise a nongeneral power of appointment:

(1) the gift in default clause controls the disposition of the unappointed property; or

(2) if there is no gift in default clause or to the extent the clause is ineffective, the unappointed property:

(A) passes to the permissible appointees if:

(i) the permissible appointees are defined and limited; and

(ii) the terms of the instrument creating the power do not manifest a contrary intent; or

(B) if there is no taker under subdivision (A) of this subdivision, passes under a reversionary interest to the donor or the donor's transferee or successor in interest.

Laws 2021, LB501, § 44.
Neb. Rev. Stat. § 23-1205 — NE Code / Chapter 23 / Section 23-1205
View Statute 23-1205
Status: in_force

Due to the absence, sickness, disability, or conflict of interest of the county attorney and his or her deputies, or upon request of the county attorney for good cause, the Supreme Court, the Court of Appeals, or any district court, separate juvenile court, or county court before which the cause may be heard may appoint an attorney to act as county attorney in any investigation, appearance, or trial by an order entered upon the minutes of the court. Such attorney shall be allowed compensation for such services as the court determines, to be paid by order of the county treasurer upon presenting to the county board the certificate of the judge before whom the cause was tried certifying to services rendered by such attorney and the amount of compensation.

Laws 1885, c. 40, § 7, p. 218;

R.S.1913, § 5600;

C.S.1922, § 4917;

C.S.1929, § 26-905;

R.S.1943, § 23-1205;

Laws 1969, c. 165, § 2, p. 742;

Laws 2007, LB214, § 1;

Laws 2009, LB35, § 3.

District court is given authority to appoint an acting county attorney in the event of absence, sickness, or disability of county attorney. Stewart v. McCauley, 178 Neb. 412, 133 N.W.2d 921 (1965).

District court is given authority to appoint an acting county attorney in the event of absence, sickness, or disability of county attorney. Stewart v. McCauley, 178 Neb. 412, 133 N.W.2d 921 (1965).

It is within the discretion of the court to appoint any attorney in lieu of disqualified county attorney, and ruling will not be disturbed unless discretion is abused. Quinton v. State, 112 Neb. 684, 200 N.W. 881 (1924).

It is within the discretion of the court to appoint any attorney in lieu of disqualified county attorney, and ruling will not be disturbed unless discretion is abused. Quinton v. State, 112 Neb. 684, 200 N.W. 881 (1924).

Appointment where attorney refused to prosecute is proper. Spaulding v. State, 61 Neb. 289, 85 N.W. 80 (1901).

Appointment where attorney refused to prosecute is proper. Spaulding v. State, 61 Neb. 289, 85 N.W. 80 (1901).

Information may be filed by substitute county attorney without infringing constitutional rights of accused. Korth v. State, 46 Neb. 631, 65 N.W. 792 (1896).

Information may be filed by substitute county attorney without infringing constitutional rights of accused. Korth v. State, 46 Neb. 631, 65 N.W. 792 (1896).

Appointment of another attorney is proper where county attorney had appeared for accused. Gandy v. State, 27 Neb. 707, 43 N.W. 747 (1889), 44 N.W. 108 (1889).

Appointment of another attorney is proper where county attorney had appeared for accused. Gandy v. State, 27 Neb. 707, 43 N.W. 747 (1889), 44 N.W. 108 (1889).
Neb. Rev. Stat. § 25-1031 — NE Code / Chapter 25 / Section 25-1031
View Statute 25-1031
Status: in_force

Final judgment shall not be rendered against the garnishee until the action against the defendant in the original action has been determined. If in such action judgment be rendered for the defendant, the garnishee shall be discharged and recover costs. If the plaintiff shall recover against the defendant in the original action, and the garnishee shall deliver up all the property, money, and credits of the defendant in his possession and pay all the money from him due as the court may order, the garnishee shall be discharged, and the costs of the proceedings against him shall be paid out of the property and money so surrendered, or as the court may think right and proper.

R.S.1867, Code § 226, p. 431;

R.S.1913, § 7760;

C.S.1922, § 8704;

C.S.1929, § 20-1031;

R.S.1943, § 25-1031;

Laws 1951, c. 67, § 11, p. 206.

Action under this section is a special proceeding. Western Smelting & Refining Co. v. First Nat. Bank of Omaha, 150 Neb. 477, 35 N.W.2d 116 (1948).

Action under this section is a special proceeding. Western Smelting & Refining Co. v. First Nat. Bank of Omaha, 150 Neb. 477, 35 N.W.2d 116 (1948).

Order upon garnishee as to disposition of property awaits final judgment against defendant. Reed v. Fletcher, 24 Neb. 435, 39 N.W. 437 (1888).

Order upon garnishee as to disposition of property awaits final judgment against defendant. Reed v. Fletcher, 24 Neb. 435, 39 N.W. 437 (1888).

Order of court is not conclusive on garnishee, and he may contest his liability. Hollingsworth v. Fitzgerald, 16 Neb. 492, 20 N.W. 836 (1884).

Order of court is not conclusive on garnishee, and he may contest his liability. Hollingsworth v. Fitzgerald, 16 Neb. 492, 20 N.W. 836 (1884).

Order discharging garnishee is final order and reviewable. Turpin v. Coates, 12 Neb. 321, 11 N.W. 300 (1882).

Order discharging garnishee is final order and reviewable. Turpin v. Coates, 12 Neb. 321, 11 N.W. 300 (1882).
Neb. Rev. Stat. § 23-1701.02 — NE Code / Chapter 23 / Section 23-1701.02
View Statute 23-1701.02
Status: in_force

It shall be the duty of every sheriff to apprehend, on view or warrant, and bring to the court all felons and disturbers and violators of the criminal laws of this state, to suppress all riots, affrays, and unlawful assemblies which may come to his or her knowledge, and generally to keep the peace in his or her proper city.

Laws 1929, c. 82, art. XV, § 176, p. 324;

C.S.1929, § 22-1506;

R.S.1943, (1979), § 26-1,177;

R.S.1943, (1985), § 24-5,100;

Laws 1988, LB 1030, § 13.
Neb. Rev. Stat. § 48-194 — NE Code / Chapter 48 / Section 48-194
View Statute 48-194
Status: in_force

The Risk Manager with the advice of the Attorney General shall have the authority to pay claims of all workers' compensation benefits when liability is undisputed. In any claims when liability or the amount of liability is disputed by the Attorney General, authority is hereby conferred upon the Attorney General to consider, ascertain, adjust, determine, and allow any workers' compensation claim. If any such claim is compromised or settled, the approval of the claimant, the Risk Manager, and the Attorney General shall be required and such settlements also shall be approved by the Nebraska Workers' Compensation Court following the procedure in the Nebraska Workers' Compensation Act.

Laws 1971, LB 390, § 3;

Laws 1972, LB 1334, § 1;

Laws 1981, LB 273, § 10;

Laws 1986, LB 811, § 123;

Laws 1993, LB 757, § 29;

Laws 2019, LB418, § 3.
Neb. Rev. Stat. § 46-1208.02 — NE Code / Chapter 46 / Section 46-1208.02
View Statute 46-1208.02
Status: in_force

Natural resources ground water technician means any individual employed by a natural resources district and engaged in the inspection of chemigation systems, measuring and recording static water levels, inspection and servicing of flow meters, and water sampling practices and techniques. Natural resources ground water technician does not include: (1) An individual who constructs a water well or installs or repairs pumps or pumping equipment or a water well; (2) a water well monitoring technician; or (3) an individual who carries out the measurement, sampling, or inspection of a water well which is on land owned by him or her and used by him or her for farming, ranching, or agricultural purposes or as his or her place of abode.

Laws 2001, LB 133, § 5.
Neb. Rev. Stat. § 57-710 — NE Code / Chapter 57 / Section 57-710
View Statute 57-710
Status: in_force

The tax provided by sections 57-701 to 57-714 shall become delinquent after the last day of each month as provided in section 57-704 . Any such tax not paid within the time specified shall bear interest at the rate specified in section 45-104.02 , as such rate may from time to time be adjusted, from the date of delinquency until paid, and such tax together with the interest shall be a lien as provided in section 57-702 . The Tax Commissioner shall charge and collect a penalty for the delinquency in the amount of one percent of the delinquent taxes for each month, or part thereof, that the delinquency has continued, but in no event shall the penalty be more than twenty-five percent of the delinquent taxes. The Tax Commissioner may waive all or part of the penalty provided in this section but shall not waive the interest.

Laws 1955, c. 219, § 10, p. 613;

Laws 1967, c. 351, § 7, p. 934;

Laws 1983, LB 224, § 6;

Laws 1986, LB 1027, § 197;

Laws 1992, Fourth Spec. Sess., LB 1, § 6.
Neb. Rev. Stat. § 38-177 — NE Code / Chapter 71 / Section 38-177
38-177
Status: in_force

For purposes of sections 38-178 , 38-179 , and 38-184 :

(1) Confidential information means information protected as privileged under applicable law;

(2) Conviction means a plea or verdict of guilty or a conviction following a plea of nolo contendere or non vult contendere made to a formal criminal charge or a judicial finding of guilt irrespective of the pronouncement of judgment or the suspension thereof and includes instances in which the imposition or the execution of sentence is suspended following a judicial finding of guilt and the defendant is placed on probation; and

(3) Pattern of incompetent or negligent conduct means a continued course of incompetent or negligent conduct in performing the duties of the profession.

Laws 1976, LB 877, § 6;

Laws 1978, LB 748, § 36;

Laws 1986, LB 318, § 142;

Laws 1988, LB 693, § 1;

Laws 1988, LB 1100, § 21;

R.S.1943, (2003), § 71-161.01;

Laws 2007, LB463, § 77.
Neb. Rev. Stat. § 60-352 — NE Code / Chapter 60 / Section 60-352
View Statute 60-352
Status: in_force

Suspension of operator's license means the temporary withdrawal by formal action of the department of a person's motor vehicle operator's license for a period specifically designated by the department, if any, and until compliance with all conditions for reinstatement.

Laws 2005, LB 274, § 52.
Neb. Rev. Stat. § 30-3123 — NE Code / Chapter 30 / Section 30-3123
View Statute 30-3123
Status: in_force

(a) Each beneficiary described in subdivision (4) of section 30-3122 is entitled to receive a portion of the net income equal to the beneficiary's fractional interest in undistributed principal assets, using values as of the distribution date. If a fiduciary makes more than one distribution of assets to beneficiaries to whom this section applies, each beneficiary, including one who does not receive part of the distribution, is entitled, as of each distribution date, to the net income the fiduciary has received after the date of death or terminating event or earlier distribution date but has not distributed as of the current distribution date.

(b) In determining a beneficiary's share of net income, the following rules apply:

(1) The beneficiary is entitled to receive a portion of the net income equal to the beneficiary's fractional interest in the undistributed principal assets immediately before the distribution date, including assets that later may be sold to meet principal obligations.

(2) The beneficiary's fractional interest in the undistributed principal assets must be calculated without regard to property specifically given to a beneficiary and property required to pay pecuniary amounts not in trust.

(3) The beneficiary's fractional interest in the undistributed principal assets must be calculated on the basis of the aggregate value of those assets as of the distribution date without reducing the value by any unpaid principal obligation.

(4) The distribution date for purposes of this section may be the date as of which the fiduciary calculates the value of the assets if that date is reasonably near the date on which assets are actually distributed.

(c) If a fiduciary does not distribute all of the collected but undistributed net income to each person as of a distribution date, the fiduciary shall maintain appropriate records showing the interest of each beneficiary in that net income.

(d) A fiduciary may apply the rules in this section, to the extent that the fiduciary considers it appropriate, to net gain or loss realized after the date of death or terminating event or earlier distribution date from the disposition of a principal asset if this section applies to the income from the asset.

Laws 2001, LB 56, § 8.
Neb. Rev. Stat. § 60-610.01 — NE Code / Chapter 60 / Section 60-610.01
View Statute 60-610.01
Status: in_force

Autocycle means any motor vehicle (1) having a seat that does not require the operator to straddle or sit astride it, (2) designed to travel on three wheels in contact with the ground, (3) having antilock brakes, (4) designed to be controlled with a steering wheel and pedals, and (5) in which the operator and passenger ride either side by side or in tandem in a seating area that is equipped with a manufacturer-installed three-point safety belt system for each occupant and that has a seating area that either (a) is completely enclosed and is equipped with manufacturer-installed airbags and a manufacturer-installed roll cage or (b) is not completely enclosed and is equipped with a manufacturer-installed rollover protection system.

Laws 2015, LB231, § 29;

Laws 2018, LB909, § 94.
Neb. Rev. Stat. § 31-372 — NE Code / Chapter 31 / Section 31-372
View Statute 31-372
Status: in_force

Whenever it is desired to issue refunding bonds under sections 31-371 to 31-374 , the board of supervisors shall, by resolution entered in the minutes of its proceedings, direct public notice to be given, stating the amount of the indebtedness sought to be taken up and paid, the date it was issued, the rate of interest it bears, and if issued in installments the date when the various installments become due, that the same is sought to be taken up and paid off by the issuance and sale, or the issuance and exchange of refunding bonds bearing interest at an equal or less rate and amount per annum, and the date on which, and the place where any taxpayer of such drainage district may file objections to such proposed action. Such notice shall be signed by the president and secretary of the drainage district, and shall be published for four weeks in some newspaper of general circulation in the drainage district, and by posting a notice in three of the most public places in the district for at least thirty days prior to such date. If, after such publication and on the date for filing objections, no objections to such action by the board of supervisors are filed, then the board of supervisors may issue and sell, or exchange, as the case may be, the bonds authorized by sections 31-371 to 31-374 , not exceeding the amount stated in such notice, nor exceeding the amount of an actual bonded indebtedness of the district then outstanding and unpaid, including any unpaid interest, if any, nor bearing interest greater in rate or amount than the bonds to be taken up, and thereby take up and pay off the bonds described in the notice.

Laws 1929, c. 132, § 2, p. 484;

C.S.1929, § 31-472;

R.S.1943, § 31-372.
Neb. Rev. Stat. § 38-524 — NE Code / Chapter 38 / Section 38-524
View Statute 38-524
Status: in_force

An audiology or speech-language pathology assistant shall not:

(1) Evaluate or diagnose any type of communication disorder;

(2) Evaluate or diagnose any type of dysphagia;

(3) Interpret evaluation results or treatment progress;

(4) Consult or counsel, independent of the licensed audiologist or speech-language pathologist, with a patient, a patient's family, or staff regarding the nature or degree of communication disorders or dysphagia;

(5) Plan patient treatment programs;

(6) Represent himself or herself as an audiologist or speech-language pathologist or as a provider of speech, language, swallowing, or hearing treatment or assessment services;

(7) Independently initiate, modify, or terminate any treatment program; or

(8) Fit or dispense hearing instruments.

Laws 1985, LB 129, § 29;

Laws 1988, LB 1100, § 75;

R.S.1943, (2003), § 71-1,195.07;

Laws 2007, LB247, § 35;

Laws 2007, LB463, § 209;

Laws 2009, LB195, § 11.
Neb. Rev. Stat. § 3-149 — NE Code / Chapter 3 / Section 3-149
View Statute 3-149
Status: in_force

The suppliers, distributors, wholesalers, and importers defined in Chapter 66, article 4, shall collect the tax as prescribed in section 3-148 , keep an account thereof separately from other fuel tax, and remit the tax collected accordingly to the Tax Commissioner. The Tax Commissioner shall remit the tax to the State Treasurer in the same manner as is provided by law for the collection and remittance of motor vehicle fuel tax. No other or different tax shall be imposed for fuel bought for and used in aircraft. Such tax shall be used for the purposes set forth in the State Aeronautics Act. The penalty for violation of the provisions of this section relating to the collection and remittance of the tax shall be the same as set forth for the violation of the law with reference to the motor fuel tax contained in Chapter 66, article 7, and the right of enforcement and the penalties shall be likewise applicable as set forth therein.

Laws 1945, c. 5, § 14, p. 100;

Laws 1985, LB 272, § 2;

Laws 1991, LB 627, § 2;

Laws 1992, LB 1013, § 2;

Laws 1994, LB 1160, § 48;

Laws 2017, LB339, § 42.
Neb. Rev. Stat. § 22-418 — NE Code / Chapter 22 / Section 22-418
View Statute 22-418
Status: in_force

Each county board shall, by January 1, 1998, examine the question of whether property taxes might be reduced through consolidation of counties, offices, or services with another county. The examination shall include a public hearing and a fiscal estimate of property tax savings, if any, anticipated by a consolidation.

Laws 1996, LB 1085, § 10.
Neb. Rev. Stat. § 32-930 — NE Code / Chapter 32 / Section 32-930
View Statute 32-930
Status: in_force

If a person is challenged on the ground that he or she is not eighteen years of age or, during the years in which a statewide general election is held, that he or she will not be eighteen years of age by the first Tuesday after the first Monday in November of such year, the person shall answer the following question on the form provided by the election commissioner or county clerk: Will you be at least eighteen years of age on or before the first Tuesday following the first Monday in November of this year?

Laws 1994, LB 76, § 273;

Laws 2010, LB325, § 6.
Neb. Rev. Stat. § 32-1305 — NE Code / Chapter 32 / Section 32-1305
View Statute 32-1305
Status: in_force

(1) The principal circulator or circulators shall file, as one instrument, all petition papers comprising a recall petition for signature verification with the filing officer within thirty days after the filing officer issues the initial petition papers to the principal circulator or circulators as provided in section 32-1303 .

(2) If the filing officer is the subject of a recall petition, the signature verification process shall be conducted by two election commissioners or county clerks appointed by the Secretary of State which shall not include the filing officer. Mileage and expenses incurred by officials appointed pursuant to this subsection shall be reimbursed by the political subdivision involved in the recall.

(3) Within fifteen business days after the filing of the petition, the filing officer shall ascertain whether or not the petition is signed by the requisite number of registered voters. No new signatures may be added after the initial filing of the petition papers. Any person may remove his or her name from a petition as provided in section 32-632 . If the petition is found to be sufficient, the filing officer shall attach to the petition a certificate showing the result of such examination. If the requisite number of signatures has not been gathered, the filing officer shall file the petition in his or her office without prejudice to the filing of a new petition for the same purpose.

Laws 1994, LB 76, § 378;

Laws 2020, LB1055, § 16;

Laws 2024, LB287, § 56.
Neb. Rev. Stat. § 18-2117 — NE Code / Chapter 14 / Section 18-2117
18-2117
Status: in_force

A redevelopment plan which has not been approved by the governing body when submitted by a redeveloper under section 18-2155 or when recommended by the authority may again be submitted or recommended to the governing body with any modifications deemed advisable. A redevelopment plan may be modified at any time by the authority, except that if modified after the lease or sale of real property in the redevelopment project area, the modification must be consented to by the redeveloper or redevelopers of such real property or his or her successor, or their successors, in interest affected by the proposed modification. Where the proposed modification will substantially change the redevelopment plan as previously approved by the governing body the modification must similarly be approved by the governing body.

Laws 1951, c. 224, § 6(10), p. 807;

R.R.S.1943, § 14-1617;

R.R.S.1943, § 19-2617;

Laws 2020, LB1021, § 12.
Neb. Rev. Stat. § 16-804 — NE Code / Chapter 16 / Section 16-804
View Statute 16-804
Status: in_force

Before the issuance of any revenue bonds as provided under section 16-803 , the city of the first class shall have an independent and qualified firm of engineers prepare plans and specifications for such improvements. In the preparation of the plans and specifications, the independent engineer shall collaborate and counsel with any city engineering or traffic departments so as to coordinate the program with the program for the control of traffic within such city.

Laws 1955, c. 35, § 4, p. 145;

Laws 2016, LB704, § 197.