FrankGoortani/open-us-law huggingface dataset:
Neb. Rev. Stat. § 31-426 — NE Code / Chapter 31 / Section 31-426
View Statute 31-426
Status: in_force

The board of directors shall employ such engineer, surveyor, and other help, as it may deem necessary and proper, and shall proceed according to its best judgment to carry out such work of the character provided for by sections 31-401 to 31-450 as it deems advisable for the public health, convenience and welfare. The board of directors shall in its discretion, from time to time, determine whether the necessary work shall be done by hiring by the day, or by contract. Before any contract shall be let, estimates of the cost thereof shall be made, and the contract price shall not exceed the estimate. No officer or director shall be in any way interested in any such contract, and any such contract shall be void if any officer or director is interested therein, and no recovery shall be had thereon; Provided, however, that nothing in this section shall be construed to prevent the board of directors from hiring one of its members by the day to superintend maintenance work within the district. The board of directors shall likewise, when in its judgment it is for the best interest of the district, be empowered to purchase all necessary machinery and equipment for the purpose of maintaining, cleaning out or reconstructing existing ditches, or for the purpose of constructing new ditches within the district, and for such work may hire by the day, week or month, all necessary help.

Laws 1907, c. 153, § 20, p. 483;

R.S.1913, § 1890;

Laws 1921, c. 280, § 1, p. 924;

C.S.1922, § 1838;

C.S.1929, § 31-526;

R.S.1943, § 31-426.

This section indicates necessity of first, with aid of engineer, making detailed plans of the public work to be done. Haecke v. Eastern Sarpy County Drainage Dist., 141 Neb. 628, 4 N.W.2d 744 (1942).

This section indicates necessity of first, with aid of engineer, making detailed plans of the public work to be done. Haecke v. Eastern Sarpy County Drainage Dist., 141 Neb. 628, 4 N.W.2d 744 (1942).

District, through its officers, is given discretion to adopt and carry out plans for drainage, without ordinarily being required to preserve ditches in perpetuity after once constructed. Compton v. Elkhorn Valley Drainage Dist., 120 Neb. 94, 231 N.W. 685 (1930).

District, through its officers, is given discretion to adopt and carry out plans for drainage, without ordinarily being required to preserve ditches in perpetuity after once constructed. Compton v. Elkhorn Valley Drainage Dist., 120 Neb. 94, 231 N.W. 685 (1930).
Neb. Rev. Stat. § 71-3501 — NE Code / Chapter 71 / Section 71-3501
View Statute 71-3501
Status: in_force

It is the policy of the State of Nebraska in furtherance of its responsibility to protect occupational and public health and safety and the environment:

(1) To institute and maintain a regulatory program for sources of radiation so as to provide for:

(a) Compatibility and equivalency with the standards and regulatory programs of the federal government;

(b) A single effective system of regulation within the state; and

(c) A system consonant insofar as possible with those of other states;

(2) To institute and maintain a program to permit development and utilization of sources of radiation for peaceful purposes consistent with the protection of occupational and public health and safety and the environment;

(3) To provide for the availability of capacity either within or outside the state for the management of low-level radioactive waste generated within the state, except for waste generated as a result of defense or federal research and development activities, and to recognize that such radioactive waste can be most safely and efficiently managed on a regional basis; and

(4) To maximize the protection practicable for the citizens of Nebraska from radon or its decay products by establishing requirements for (a) appropriate qualifications for persons providing measurement and mitigation services of radon or its decay products and (b) radon mitigation system installations.

Laws 1963, c. 406, § 1, p. 1296;

Laws 1975, LB 157, § 1;

Laws 1984, LB 716, § 1;

Laws 1987, LB 390, § 2;

Laws 1993, LB 536, § 82;

Laws 1995, LB 406, § 40;

Laws 2007, LB463, § 1207.
Neb. Rev. Stat. § 44-4218 — NE Code / Chapter 44 / Section 44-4218
View Statute 44-4218
Status: in_force

The board shall submit to the department a plan of operation for the pool and any amendments thereto necessary or suitable to assure the fair, reasonable, and equitable administration of the pool. The director shall, after notice and hearing, approve the plan of operation if the plan assures the fair, reasonable, and equitable administration of the pool. The plan of operation shall become effective upon approval in writing by the director consistent with the date on which the coverage under the Comprehensive Health Insurance Pool Act is required to be made available. If the board fails to submit an acceptable plan of operation or fails to submit acceptable amendments to the plan, the director shall, after notice and hearing, adopt and promulgate such reasonable rules and regulations as are necessary or advisable to effectuate the Comprehensive Health Insurance Pool Act pursuant to the Administrative Procedure Act. Such rules and regulations shall continue in force until modified by the director or superseded by a plan submitted by the board and approved by the director.

Laws 1985, LB 391, § 18;

Laws 1992, LB 1006, § 32.

Administrative Procedure Act, see section 84-920 .
Neb. Rev. Stat. § 43-1313 — NE Code / Chapter 43 / Section 43-1313
View Statute 43-1313
Status: in_force

When a child is in foster care placement, the court having jurisdiction over such child for the purposes of foster care placement shall review the dispositional order for such child at least once every six months. The court may reaffirm the order or direct other disposition of the child. Any review hearing by a court having jurisdiction over such child for purposes of foster care placement shall be conducted on the record as provided in sections 43-283 and 43-284 , and any recommendations of the office or designated local board concerning such child shall be admissible in such proceedings if such recommendations have been provided to all other parties of record. The court shall review a case on the record more often than every six months and at any time following the original placement of the child if the office or local board requests a hearing in writing specifying the reasons for the review. Members of the office or local board or its designated representative may attend and be heard at any hearing conducted under this section and may participate through counsel at the hearing with the right to call and cross-examine witnesses and present arguments to the court.

Laws 1982, LB 714, § 13;

Laws 1990, LB 1222, § 10;

Laws 2012, LB998, § 12;

Laws 2015, LB265, § 13.
Neb. Rev. Stat. § 28-1482 — NE Code / Chapter 55 / Section 28-1482
28-1482
Status: in_force

Any person violating section 28-1481 shall be guilty of a Class IV felony.

Laws 1909, c. 90, § 69, p. 386;

R.S.1913, § 3967;

C.S.1922, § 3365;

C.S.1929, § 55-183;

R.S.1943, § 55-189;

Laws 1969, c. 459, § 75, p. 1605;

Laws 1977, LB 39, § 54;

R.S.1943, (1984), § 55-177;

Laws 1986, LB 772, § 3.
Neb. Rev. Stat. § 17-219.01 — NE Code / Chapter 17 / Section 17-219.01
View Statute 17-219.01
Status: in_force

Notwithstanding any more general law respecting revenue, the county board in any county in this state in which the incorporation of any village has been abolished according to law shall advertise and sell all corporate property of the village for which the county itself has no use or which remains unsold or undisposed of after the expiration of six months from the effective date of the abolishment of the incorporation of such village as provided by the county board for liquidation of any liabilities of the village. After the effective date of the abolishment of the incorporation of the village, the county board shall treat all real estate listed and described in the original plat of such village upon which the owner of such real estate has failed and neglected to pay the taxes on such real estate as if such taxes were originally levied by the county and, notwithstanding any other provision of law, the taxes shall be deemed to have been levied by the county as of the date of the original levy by the village and due and owing as provided by law to the county.

Laws 1935, c. 158, § 1, p. 581;

C.S.Supp.,1941, § 17-227;

R.S.1943, § 17-219.01;

R.S.1943, (1987), § 17-226;

Laws 1998, LB 1346, § 6;

Laws 2017, LB133, § 84.
Neb. Rev. Stat. § 32-1002.01 — NE Code / Chapter 32 / Section 32-1002.01
View Statute 32-1002.01
Status: in_force

(1) As the ballots are removed from the ballot box pursuant to sections 32-1012 to 32-1018 , the receiving board shall separate the provisional voter identification verification envelopes from the rest of the ballots and deliver them to the election commissioner or county clerk.

(2) Upon receipt of a provisional voter identification verification envelope, the election commissioner or county clerk shall verify that the certificate on the front of the envelope or the form attached to the envelope is in proper form and that the certification has been signed by the voter.

(3) The election commissioner or county clerk shall also verify that such person has not voted anywhere else in the county or been issued a ballot for early voting.

(4) A ballot cast by a voter pursuant to section 32-915.03 shall be counted if the voter completed and signed the certification on the provisional voter identification verification envelope and the voter:

(a) Presented valid photographic identification to the election commissioner or county clerk on or before the Tuesday after the election; or

(b) Has a reasonable impediment preventing the voter from obtaining valid photographic identification, the voter completes a reasonable impediment certification, and the election commissioner or county clerk verifies:

(i) The signature on the reasonable impediment certification with the signature appearing on the voter registration record; and

(ii) That the voter does not have a current, unexpired driver's license or state identification card issued by the State of Nebraska.

(5) A ballot cast by a voter pursuant to section 32-915.03 shall not be counted if:

(a) The voter failed to complete and sign the certification on the provisional voter identification verification envelope pursuant to subsection (2) of section 32-915.03 ;

(b) The voter failed to present valid photographic identification to the election commissioner or county clerk on or before the Tuesday after the election; or

(c) The voter has a reasonable impediment preventing the voter from obtaining valid photographic identification and:

(i) The voter did not complete a reasonable impediment certification; or

(ii) The election commissioner or county clerk was not able to verify the signature on the reasonable impediment certification with the signature appearing on the voter registration record.

(6) Upon determining that the voter's ballot is eligible to be counted, the election commissioner or county clerk shall remove the ballot from the provisional voter identification verification envelope without exposing the marks on the ballot and shall place the ballot with the ballots to be counted by the county canvassing board.

(7) The election commissioner or county clerk shall notify the system administrator of the free access system created pursuant to section 32-202 as to whether the ballot was counted and, if not, the reason the ballot was not counted.

(8) The verification shall be completed within seven business days after the election.

Laws 2023, LB514, § 18;

Laws 2024, LB287, § 49.
Neb. Rev. Stat. § 14-409 — NE Code / Chapter 14 / Section 14-409
View Statute 14-409
Status: in_force

A zoning board of appeals appointed pursuant to section 14-408 shall hear and decide appeals from and review any order, requirement, decision, or determination made by an administrative official charged with the enforcement of any ordinance adopted pursuant to sections 14-401 to 14-418 . The zoning board of appeals shall also hear and decide all matters referred to it or upon which it is required to pass under any such ordinance. The concurring vote of four members of the zoning board of appeals shall be necessary to reverse any order, requirement, decision, or determination of any such administrative official, or to decide in favor of the applicant any matter upon which it is required to pass under any such ordinance or to affect any variation in such ordinance.

Laws 1925, c. 45, § 8, p. 182;

C.S.1929, § 14-411;

R.S.1943, § 14-409;

Laws 2022, LB800, § 139.

Zoning board of appeals may review any order made by an administrative official charged with enforcement of a zoning ordinance. Roncka v. Fogarty, 152 Neb. 467, 41 N.W.2d 745 (1950).

Zoning board of appeals may review any order made by an administrative official charged with enforcement of a zoning ordinance. Roncka v. Fogarty, 152 Neb. 467, 41 N.W.2d 745 (1950).
Neb. Rev. Stat. § 43-2633 — NE Code / Chapter 43 / Section 43-2633
View Statute 43-2633
Status: in_force

(1)(a) If the department determines that a grant recipient used the grant other than as provided in section 43-2631 , the department may request the grant recipient to repay such grant and any remaining portion of the grant in the possession of the grant recipient to the department.

(b) If the department determines that a grant recipient falsified any information provided in the application process, the department may request the grant recipient to repay any or all of the grant disbursed to the grant recipient.

(2) A grant recipient that receives a request to repay a grant pursuant to subsection (1) of this section may appeal the decision, and the appeal shall be in accordance with the Administrative Procedure Act.

(3) Any money received under this section shall be remitted to the State Treasurer for credit to the Child Care Capacity Building and Workforce Cash Fund.

Laws 2024, LB164, § 37.

Administrative Procedure Act, see section 84-920 .
Neb. Rev. Stat. § 8-334 — NE Code / Chapter 8 / Section 8-334
View Statute 8-334
Status: in_force

Whenever it appears to the Department of Banking and Finance that the assets of any association or corporation organized under the laws of this state for the purpose set forth in section 8-302 do not equal the liabilities, that it is conducting its business in an unsafe or unauthorized manner, that it is jeopardizing the interest of its members, or that it is unsafe for such association or corporation to transact business, the department shall take possession of the books, records, and assets of every description of such association or corporation, and the department shall have full authority to retain such possession as against any mesne or final process issued by any court against such association or corporation whose property has been taken possession of by the department, pending the further proceedings specified in sections 8-301 to 8-340.01 . If such possession is refused by the secretary, managing officer, or person in charge of such association or corporation, the department shall communicate such fact to the Attorney General together with a copy of such order of possession and it shall become the duty of the Attorney General to apply to the Court of Appeals or to the district court or county court of the county where such association or corporation is located or to a judge of any such court for a writ of assistance in placing the department in immediate possession of such association or corporation. It shall be sufficient to authorize the issuance of the writ and the taking possession of such association or corporation under the writ if it is made to appear that possession was refused.

Laws 1899, c. 17, § 19a, p. 94;

R.S.1913, § 504;

Laws 1919, c. 190, tit. V, art. XIX, § 20, p. 732;

C.S.1922, § 8102;

C.S.1929, § 8-319;

R.S.1943, § 8-334;

Laws 1991, LB 732, § 15;

Laws 2000, LB 932, § 11.

A borrowing member upon insolvency is required to repay what he actually received, with interest, and is entitled, after debts are paid, to a pro rata dividend with nonborrowing member for what he has paid. Saunders v. State Savings & Loan Assn., 121 Neb. 473, 237 N.W. 572 (1931).

A borrowing member upon insolvency is required to repay what he actually received, with interest, and is entitled, after debts are paid, to a pro rata dividend with nonborrowing member for what he has paid. Saunders v. State Savings & Loan Assn., 121 Neb. 473, 237 N.W. 572 (1931).

Alleged sovereign right of city of Lincoln to priority of payment out of assets of bankrupt trust company is inconsistent with Nebraska legislation and not within the common law of the state. City of Lincoln, Neb. v. Ricketts, 84 F.2d 795 (8th Cir. 1936).

Alleged sovereign right of city of Lincoln to priority of payment out of assets of bankrupt trust company is inconsistent with Nebraska legislation and not within the common law of the state. City of Lincoln, Neb. v. Ricketts, 84 F.2d 795 (8th Cir. 1936).
Neb. Rev. Stat. § 38-1033 — NE Code / Chapter 38 / Section 38-1033
View Statute 38-1033
Status: in_force

Manicuring means the practice of performing any or all of the acts of cutting, shaping, trimming, polishing, coloring, tinting, cleansing, reshaping, or other similar cosmetic or sanitary acts on the natural fingernails or toenails of a person but does not include the practice of nail technology.

Laws 2001, LB 209, § 14;

R.S.1943, (2003), § 71-360.01;

Laws 2007, LB463, § 295.
Neb. Rev. Stat. § 8-3013 — NE Code / Chapter 8 / Section 8-3013
View Statute 8-3013
Status: in_force

(1) The capital stock of each digital asset depository institution chartered under the Nebraska Financial Innovation Act shall be subscribed for as paid-up stock. No digital asset depository institution shall be chartered with capital stock of less than ten million dollars.

(2) No digital asset depository institution shall commence business until the full amount of its authorized capital is subscribed and all capital stock is fully paid in. No digital asset depository institution may be chartered without a paid-up surplus fund of at least three years of estimated operating expenses in the amount disclosed pursuant to subsection (2) of section 8-3015 or in another amount required by the director.

(3) A digital asset depository institution may acquire additional capital prior to the granting of a charter and shall report this capital as an amendment to its charter application.

Laws 2021, LB649, § 13;

Laws 2023, LB92, § 27.
Neb. Rev. Stat. § 21-2217 — NE Code / Chapter 21 / Section 21-2217
View Statute 21-2217
Status: in_force

Each registration certificate issued to each applicant shall expire by its own terms one year from the date of issuance and may not be renewed. Each professional corporation must annually apply to its regulating board for a registration certificate in the manner provided in section 21-2216 . A certificate from the regulating board as provided in section 21-2216 must annually be filed with the Secretary of State within thirty days of the expiration date of the last certificate on file in the office of the Secretary of State or such corporation shall be suspended. If the corporation is suspended, the biennial report and tax cannot be filed and paid in the office of the Secretary of State until the certificate from the regulating board is filed in the office of the Secretary of State. If the report is not filed, the tax paid, and the certificate filed by April 16 of the current year, when the report and tax become delinquent, the corporation shall be dissolved for nonpayment of taxes in compliance with section 21-323 . Registration certificates shall not be transferable or assignable.

Laws 1969, c. 121, § 17, p. 561;

Laws 1971, LB 489, § 2;

Laws 1973, LB 157, § 5;

Laws 1987, LB 186, § 2;

Laws 2003, LB 524, § 19.
Neb. Rev. Stat. § 47-806 — NE Code / Chapter 47 / Section 47-806
View Statute 47-806
Status: in_force

The Private Prison Contracting Act does not authorize a county or other political subdivision to enter into a contract with a private prison contractor to construct or operate a correctional facility within or on behalf of such county or other political subdivision.

Laws 2001, LB 85, § 6.
Neb. Rev. Stat. § 37-810 — NE Code / Chapter 37 / Section 37-810
View Statute 37-810
Status: in_force

The Nongame and Endangered Species Conservation Act shall not be construed to apply retroactively to or prohibit importation into this state of wildlife or wild plants which may be lawfully imported into the United States or lawfully taken and removed from another state, or prohibit entry into this state or the possession, transportation, exportation, processing, sale or offer for sale, or shipment of any wildlife or wild plants which have been determined to be an endangered or threatened species in this state but not in the state where originally taken if the person engaging in such activity demonstrates by substantial evidence that such wildlife or wild plants were lawfully taken and lawfully removed from such state. This section shall not be construed to permit the possession, transportation by a person other than a common or contract motor carrier under the jurisdiction of the Public Service Commission or the Interstate Commerce Commission, exportation, processing, sale or offer for sale, or shipment within this state of species of wildlife or wild plants determined, pursuant to the Endangered Species Act, to be an endangered or threatened species, except as permitted by subsection (11) of section 37-806 .

Laws 1975, LB 145, § 9;

R.S.1943, (1993), § 37-438;

Laws 1998, LB 922, § 360.
Neb. Rev. Stat. § 30-2602.01 — NE Code / Chapter 30 / Section 30-2602.01
View Statute 30-2602.01
Status: in_force

During the pendency of any proceeding under sections 30-2601 to 30-2661 after a guardian or conservator is appointed, upon application by any interested person and if the accompanying affidavit of such person or his or her agent shows to the court that the ward's or protected person's safety, health, or financial welfare is at issue, the court may issue ex parte orders to address the situation. Ex parte orders issued under this section shall remain in full force and effect for no more than ten days or until a hearing is held thereon, whichever is earlier. Anyone who violates such order after service shall be guilty of a Class II misdemeanor. Any interested person that submits an affidavit under this section in bad faith, or submits an affidavit under this section that lacks a factual basis as determined by the court, shall be ordered to pay the opposing party reasonable attorney's fees and costs.

Laws 2011, LB157, § 33.
Neb. Rev. Stat. § 69-2619 — NE Code / Chapter 69 / Section 69-2619
View Statute 69-2619
Status: in_force

The Assistive Technology Regulation Act shall apply to assistive devices delivered after September 13, 1997, and shall in no way be applied retroactively.

Laws 1997, LB 802, § 19.
Neb. Rev. Stat. § 43-115 — NE Code / Chapter 43 / Section 43-115
View Statute 43-115
Status: in_force

No adoption heretofore lawfully made shall be affected by the enactment of sections 43-101 to 43-115 , but such adoptions shall continue in effect and operation according to the terms thereof.

Laws 1943, c. 104, § 13, p. 352;

R.S.1943, § 43-115;

Laws 2022, LB741, § 29.
Neb. Rev. Stat. § 44-7410 — NE Code / Chapter 44 / Section 44-7410
View Statute 44-7410
Status: in_force

The Unfair Discrimination Against Subjects of Abuse in Insurance Act applies to all actions taken on or after July 15, 1998, except as otherwise explicitly stated. Nothing in the act shall require an insurer to conduct a comprehensive search of its contract files existing on July 15, 1998, solely to determine which applicants or insureds are subjects of abuse.

Laws 1998, LB 1035, § 23.