FrankGoortani/open-us-law huggingface dataset:
Neb. Rev. Stat. § 37-813 — NE Code / Chapter 37 / Section 37-813
View Statute 37-813
Status: in_force

(1) To the extent the exempt party deems practical and compatible with the primary purposes of transportation infrastructure, such exempt party shall:

(a) Consider the impact on endangered or threatened species when designing, constructing, reconstructing, repairing, operating, or maintaining transportation infrastructure. The exempt party may modify or amend designs and operation and maintenance practices to decrease or avoid any negative impact on any endangered or threatened species; and

(b) Restore areas of temporary disturbance on real property it owns in fee simple at the conclusion of any construction, reconstruction, repair, operation, or maintenance.

(2)(a) Upon request of any exempt party, the commission shall provide support and recommendations to such exempt party relating to any potential impact caused by the actions of the exempt party on any endangered or threatened species related to the design, construction, reconstruction, repair, operation, or maintenance of transportation infrastructure.

(b) The exempt party may enter into any written agreement with the commission or any other governmental entity for the purpose of providing aid in the conservation of any endangered or threatened species.

Laws 2024, LB1335, § 7.
Neb. Rev. Stat. § 46-1120 — NE Code / Chapter 46 / Section 46-1120
View Statute 46-1120
Status: in_force

Each application to engage in chemigation shall contain (1) the name and post office address of the applicant, (2) the location by legal description of the land where chemigation is to be used, and (3) such other information as the department, after consultation with the district, may deem necessary.

Laws 1986, LB 284, § 20.
Neb. Rev. Stat. § 14-1714 — NE Code / Chapter 14 / Section 14-1714
View Statute 14-1714
Status: in_force

Any pledge of revenue or other money of the authority made by the authority, in accordance with the Parking Authority Law, shall be valid and binding from the time when such pledge is made, and the revenue or other money so pledged and thereafter received by the authority shall immediately be subject to the lien of such pledge without any further act. The lien of any such pledge shall be valid and binding as against all parties having claims of any kind, sort, contract, or otherwise against the authority, irrespective of whether or not such parties have notice of such pledge. Neither the resolution nor any other instrument by which a pledge is created need be recorded.

Laws 1955, c. 22, § 14, p. 110;

Laws 2022, LB800, § 298.
Neb. Rev. Stat. § 2-3211.01 — NE Code / Chapter 2 / Section 2-3211.01
View Statute 2-3211.01
Status: in_force

(1) Each new natural resources district established by merging two or more natural resources districts in their entirety shall assume all assets, liabilities, and obligations of such merged districts on the effective date of the merger.

(2) Whenever a change of boundaries, division of one district into two or more new districts, or division and merger of one district into two or more existing districts takes place, the commission shall determine the apportionment of any assets, liabilities, and obligations. Such apportionment shall be based on all relevant factors, including, but not limited to, the proportionate land areas involved in the change, division, or merger and the extent to which particular assets, liabilities, or obligations are related to specific land areas. Interests in real estate and improvements to real estate shall be assumed by the district in which they are located on the effective date of the change, division, or merger. The value of such interests in real estate and improvements shall be considered in the apportionment, and any such assets may be encumbered or otherwise liquidated by the assuming district to effect the proper apportionment.

(3) All taxes levied pursuant to section 2-3225 and all assessments levied pursuant to sections 2-3254 to 2-3254.06 prior to the change of boundaries, division, or merger shall be apportioned by the commission on the basis of the relationship between the intended uses of such taxes or assessments and the land areas involved in the change, division, or merger. Taxes or assessments levied pursuant to sections 2-3254 to 2-3254.06 which are in the possession of or payable to a district at the time of the change, division, or merger and taxes or assessments in the possession of or payable to any other special-purpose district merged into a natural resources district shall be put into a special fund by the district receiving such assets and shall be expended as nearly as practicable for the purposes for which they were levied or assessed.

Laws 1988, LB 1045, § 6;

Laws 1996, LB 108, § 3;

Laws 1996, LB 1114, § 16.
Neb. Rev. Stat. § 43-1263 — NE Code / Chapter 43 / Section 43-1263
View Statute 43-1263
Status: in_force

At the request of a county attorney or the Attorney General acting under section 43-1262 , a law enforcement officer may take any lawful action reasonably necessary to locate a child or a party and assist a county attorney or the Attorney General with responsibilities under such section.

Laws 2003, LB 148, § 38.
Neb. Rev. Stat. § 30-402 — NE Code / Chapter 30 / Section 30-402
View Statute 30-402
Status: in_force

If a personal representative, heir, devisee, creditor, or other person interested in the estate of any deceased person or a conservator or guardian for a ward complains to the judge of the county court, upon an application under oath given on information and belief, that (1) any person may have concealed, embezzled, carried away, or disposed of any money or personal property of the deceased or the ward, (2) such person may have in his or her possession or knowledge any deeds, conveyances, bonds, contracts, or other writings, which contain evidence of or tend to disclose the right, title, interest, or claim of the deceased or the ward to any real or personal estate or any claim or demand, (3) such person may have in his or her possession any will of the deceased or any power of attorney, advance health care directive, or power of attorney for health care decisions executed by the ward, or (4) such person may have information or knowledge withheld by the respondent from the personal representative, conservator, or guardian and needed by the personal representative, conservator, or guardian for the recovery of any property by suit or otherwise, the judge may cite such person to appear before the court of probate. Any personal representative, heir, devisee, creditor, conservator, guardian, or other person interested in the estate of such deceased person or the ward may examine such person under oath upon the matter of such complaint or direct interrogatories to him or her. The citation may also direct the person cited to bring with him or her, for examination by the judge and parties interested, any such documents or writings, or any will of the deceased, which may be in his or her possession or under his or her control.

Laws 1978, LB 650, § 24;

R.S.1943, (2008), § 30-3002;

Laws 2015, LB43, § 4.
Neb. Rev. Stat. § 8-112 — NE Code / Chapter 8 / Section 8-112
View Statute 8-112
Status: in_force

(1) The director shall keep, as records of his or her office, proper books showing all acts, matters, and things done under the jurisdiction of the department. Neither the director nor anyone connected with the department shall in any instance disclose the name of any customer, including a depositor, debtor, beneficiary, member, or account holder of any financial institution or other entity regulated by the department or the amount of any deposit, debt, or account holdings of any of them, except insofar as may be necessary in the performance of his or her official duty, except that the department may maintain a record of debtors from the financial institutions and may give information concerning the total liabilities of any such debtor to any financial institution owning obligations of such debtor.

(2) Examination reports, investigation reports, and documents and information relating to such reports are confidential records of the department and may be released or disclosed only (a) insofar as is necessary in the performance of the official duty of the department or (b) pursuant to a properly issued subpoena to the department and upon entry of a protective order from a court of competent jurisdiction to protect and keep confidential the names of borrowers or depositors or to protect the public interest.

(3) Examination reports, investigation reports, and documents and information relating to such reports remain confidential records of the department, even if such examination reports, investigation reports, and documents and information relating to such reports are transmitted to a financial institution or other entity regulated by the department which is the subject of such reports or documents and information, and may not be otherwise released or disclosed by any such financial institution or other entity regulated by the department.

(4) The restrictions listed in subsections (2) and (3) of this section shall also apply to any representative or agent of the financial institution or other entity regulated by the department.

(5) If examination reports, investigation reports, or documents and information relating to such reports are subpoenaed from the department, the party issuing the subpoena shall give notice of the issuance of such subpoena at least three business days in advance of the entry of a protective order to the financial institution or other entity regulated by the department which is the subject of such reports or documents and information, unless the financial institution or other entity regulated by the department is already a party to the underlying proceeding or unless such notice is otherwise prohibited by law or by court order.

Laws 1923, c. 191, § 35, p. 457;

Laws 1929, c. 38, § 18, p. 166;

C.S.1929, § 8-119;

Laws 1933, c. 18, § 14, p. 142;

C.S.Supp.,1941, § 8-119;

R.S.1943, § 8-116;

Laws 1963, c. 29, § 12, p. 138;

Laws 1987, LB 2, § 1;

Laws 1996, LB 1053, § 3;

Laws 1997, LB 137, § 2;

Laws 1999, LB 396, § 6;

Laws 2009, LB327, § 3;

Laws 2017, LB140, § 13.
Neb. Rev. Stat. § 71-2437 — NE Code / Chapter 71 / Section 71-2437
View Statute 71-2437
Status: in_force

For purposes of the Immunosuppressant Drug Repository Program Act:

(1) Department means the Department of Health and Human Services;

(2) Immunosuppressant drug means anti-rejection drugs that are used to reduce the body's immune system response to foreign material and inhibit a transplant recipient's immune system from rejecting a transplanted organ. Immunosuppressant drugs are available only as prescription drugs and come in tablet, capsule, and liquid forms. The recommended dosage depends on the type and form of immunosuppressant drug and the purpose for which it is being used. Immunosuppressant drug does not include drugs prescribed for inpatient use;

(3) Participant means a transplant center that has elected to voluntarily participate in the program, that has submitted written notification to the department of its intent to participate in the program, and that accepts donated immunosuppressant drugs under the rules and regulations adopted and promulgated by the department for the program;

(4) Prescribing practitioner means a health care practitioner licensed under the Uniform Credentialing Act who is authorized to prescribe immunosuppressant drugs;

(5) Prescription drug has the definition found in section 38-2841 ;

(6) Program means the immunosuppressant drug repository program established pursuant to section 71-2438 ;

(7) Transplant center means a hospital that operates an organ transplant program, including qualifying patients for transplant, registering patients on the national waiting list, performing transplant surgery, and providing care before and after transplant; and

(8) Transplant program means the organ-specific facility within a transplant center. A transplant center may have transplant programs for the transplantation of hearts, lungs, livers, kidneys, pancreata, or intestines.

Laws 2006, LB 994, § 43;

Laws 2007, LB296, § 544;

Laws 2007, LB463, § 1202.

Uniform Credentialing Act, see section 38-101 .
Neb. Rev. Stat. § 46-1121 — NE Code / Chapter 46 / Section 46-1121
View Statute 46-1121
Status: in_force

(1) To aid in defraying the cost of administration of the Nebraska Chemigation Act, the district shall collect an initial application fee for a permit, a special permit fee, an annual renewal fee, and an emergency permit fee. The fees shall be established by the district and shall be sufficient to cover the ongoing administrative costs and the costs of annual inspection programs by the district and department. The fees collected pursuant to this section shall be established by the district in the amount necessary to pay reasonable costs of administering the permit program pursuant to the act. The fee for a permit and special permit shall not exceed one hundred fifty dollars. The fee for a renewal permit shall not exceed one hundred dollars. The fee for an emergency permit under section 46-1119 shall not exceed five hundred dollars. The district shall adopt and promulgate rules and regulations establishing a fee schedule to be paid to the district by a person or persons applying for a permit to operate a chemigation system.

(2) The fee for initial application for a permit or special permit shall be payable to the district. For each permit, five dollars shall be paid by the district to the department.

(3) The annual fee for renewal of a permit or special permit shall be payable to the district. For each permit, two dollars of the annual fee shall be paid by the district to the department.

(4) All fees shall be used by the district and the department to administer the Nebraska Chemigation Act. The department's fee shall be credited to the Chemigation Costs Fund which is hereby created. All fees collected by the department pursuant to the act shall be remitted to the State Treasurer for credit to the fund. Transfers may be made from the fund to the General Fund at the direction of the Legislature. Any money in the Chemigation Costs Fund available for investment shall be invested by the state investment officer pursuant to the Nebraska Capital Expansion Act and the Nebraska State Funds Investment Act.

(5) All permits issued pursuant to sections 46-1117 and 46-1117.01 shall be annual permits and shall expire each year on June 1. A permit may be renewed each year upon payment of the annual renewal fee and completion of a form provided by the district which lists the names of all chemicals used in chemigation the previous year. Once a permit has expired, it shall not be reinstated without meeting all of the requirements for a new permit including an inspection and payment of the initial application fee.

Laws 1986, LB 284, § 21;

Laws 1987, LB 146, § 5;

Laws 1988, LB 1046, § 3;

Laws 1995, LB 7, § 43;

Laws 2009, First Spec. Sess., LB3, § 21;

Laws 2014, LB272, § 5.

Nebraska Capital Expansion Act, see section 72-1269 .

Nebraska State Funds Investment Act, see section 72-1260 .
Neb. Rev. Stat. § 60-515 — NE Code / Chapter 60 / Section 60-515
View Statute 60-515
Status: in_force

Neither the action taken by the department pursuant to the Motor Vehicle Safety Responsibility Act, the findings, if any, of the department upon which such action is based, nor the security filed as provided in the act shall be referred to in any way, nor be any evidence of the negligence or due care of either party, at the trial of any action at law to recover damages.

Laws 1949, c. 178, § 15, p. 491;

Laws 1993, LB 575, § 45.
Neb. Rev. Stat. § 77-3708 — NE Code / Chapter 60 / Section 77-3708
77-3708
Status: in_force

A mobile home may not be moved upon any road or highway in the state without first obtaining a movement permit as required by law for the movement of any oversize vehicle. No movement permit shall be issued by any governmental agency charged with issuance thereof unless a tax certificate issued by the county treasurer showing payment of all taxes due or to become due because of the location of such mobile home in such county on assessment day is displayed by the owner. A tax certificate shall not be required if the movement contemplated is between a manufacturer and a licensed dealer or between two licensed dealers or between a licensed dealer's place of business or storage area and a bona fide customer to whom title to the mobile home has passed or does pass within a reasonable time after movement. For the purposes of this section, taxes and fees shall include those of all governmental subdivisions. Nothing in this section shall alter or amend any other existing regulations, rules, or statutes governing the movement of mobile homes.

Laws 1969, c. 516, § 16, p. 2126;

R.S.1943, (1978), § 60-1611;

Laws 1981, LB 168, § 9.
Neb. Rev. Stat. § 23-275 — NE Code / Chapter 23 / Section 23-275
View Statute 23-275
Status: in_force

The supervisors shall severally lay before the board, at the first regular meeting after election, their certificates of election, which shall be examined by the board, and if found regular, shall be filed in the office of the county clerk.

Laws 1879, § 66, p. 372;

R.S.1913, § 1067;

C.S.1922, § 969;

C.S.1929, § 26-283;

R.S.1943, § 23-275.

County commissioner-elect would not be presumed to have qualified before regular meeting in January. Kerr v. Adams County, 96 Neb. 178, 147 N.W. 683 (1914).

County commissioner-elect would not be presumed to have qualified before regular meeting in January. Kerr v. Adams County, 96 Neb. 178, 147 N.W. 683 (1914).
Neb. Rev. Stat. § 21-229 — NE Code / Chapter 21 / Section 21-229
View Statute 21-229
Status: in_force

(MBCA 3.04) (a) Except as provided in subsection (b) of this section, the validity of corporate action may not be challenged on the ground that the corporation lacks or lacked power to act.

(b) A corporation's power to act may be challenged:

(1) In a proceeding by a shareholder against the corporation to enjoin the act;

(2) In a proceeding by the corporation, directly, derivatively, or through a receiver, trustee, or other legal representative, against an incumbent or former director, officer, employee, or agent of the corporation; or

(3) In a proceeding by the Attorney General under section 21-2,197 .

(c) In a shareholder's proceeding under subdivision (b)(1) of this section to enjoin an unauthorized corporate act, the court may enjoin or set aside the act, if equitable and if all affected persons are parties to the proceeding, and may award damages for loss, other than anticipated profits, suffered by the corporation or another party because of enjoining the unauthorized act.

(d) Venue for a proceeding under subdivision (b)(1) or (b)(2) of this section lies in the district court of the county where the corporation's principal office, or, if none in this state, its registered office, is located.

Laws 2014, LB749, § 29.
Neb. Rev. Stat. § 60-317 — NE Code / Chapter 60 / Section 60-317
View Statute 60-317
Status: in_force

Commercial trailer means any trailer or semitrailer which has a gross weight, including load thereon, of more than nine thousand pounds and which is designed, used, or maintained for the transportation of persons or property for hire, compensation, or profit or designed, used, or maintained primarily for the transportation of property. Commercial trailer does not include cabin trailers, farm trailers, fertilizer trailers, or utility trailers.

Laws 2005, LB 274, § 17;

Laws 2016, LB783, § 4;

Laws 2017, LB263, § 25.
Neb. Rev. Stat. § 17-119 — NE Code / Chapter 17 / Section 17-119
View Statute 17-119
Status: in_force

The city overseer of the streets of a city of the second class shall, subject to the orders of mayor and city council, have general charge, direction, and control of all work on the streets, sidewalks, culverts, and bridges of the city, and shall perform such other duties as the city council may require.

Laws 1879, § 21, p. 197;

R.S.1913, § 5012;

C.S.1922, § 4181;

C.S.1929, § 17-120;

R.S.1943, § 17-119;

Laws 2017, LB133, § 15.

Cities of second class have exclusive control of streets, sidewalks, etc., must maintain them in a safe condition, and are liable for a breach of duty in respect thereto. Goodrich v. University Place, 80 Neb. 774, 115 N.W. 538 (1908).

Cities of second class have exclusive control of streets, sidewalks, etc., must maintain them in a safe condition, and are liable for a breach of duty in respect thereto. Goodrich v. University Place, 80 Neb. 774, 115 N.W. 538 (1908).
Neb. Rev. Stat. § 46-551 — NE Code / Chapter 46 / Section 46-551
View Statute 46-551
Status: in_force

The board may, in its discretion, accept or reject the said petition. If it deems it for the best interest of the district that said petition be granted, it shall enter an order granting the said petition and from and after such order, the said petitioner shall be deemed to have agreed to the acquiring of water service under the terms set forth in said petition and order. Such order shall provide for payment on the basis of rate per acre-foot of water service contracted for said lands within the district; Provided, that the board may divide the district into units and fix a different rate per acre-foot of water in the respective units; and provided further, that such rates shall be equitable although not necessarily equal or uniform for like classes of services throughout the district.

Laws 1947, c. 173, § 18(2), p. 544.
Neb. Rev. Stat. § 32-522 — NE Code / Chapter 32 / Section 32-522
View Statute 32-522
Status: in_force

Except as provided in section 23-1201.01 , a county attorney shall be elected in each county at the statewide general election in 1990 and each four years thereafter. The term of the county attorney shall be four years or until his or her successor is elected and qualified. Candidates for the office of county attorney shall meet the qualifications found in sections 23-1201.01 and 23-1201.02 . The county attorney shall be elected on the partisan ballot.

Laws 1994, LB 76, § 118.

Office of county attorney is to be treated as a legislative office as distinguished from a constitutional office. Fitzgerald v. Kuppinger, 163 Neb. 286, 79 N.W.2d 547 (1956).

Office of county attorney is to be treated as a legislative office as distinguished from a constitutional office. Fitzgerald v. Kuppinger, 163 Neb. 286, 79 N.W.2d 547 (1956).

The term of office of a county attorney is not limited to four years, but continues until a successor is elected, or appointed, and qualified. State ex rel. Schroeder v. Swanson, 121 Neb. 459, 237 N.W. 407 (1931).

The term of office of a county attorney is not limited to four years, but continues until a successor is elected, or appointed, and qualified. State ex rel. Schroeder v. Swanson, 121 Neb. 459, 237 N.W. 407 (1931).

Under the Constitution, Article IX, section 4, the Legislature has power to create the office of county attorney. Dinsmore v. State, 61 Neb. 418, 85 N.W. 445 (1901).

Under the Constitution, Article IX, section 4, the Legislature has power to create the office of county attorney. Dinsmore v. State, 61 Neb. 418, 85 N.W. 445 (1901).

Although county attorneys now have the same duties and powers as district attorneys formerly had, a county attorney is a county officer and the county court has original jurisdiction over contests of election for that office. Bell v. Templin, 26 Neb. 249, 41 N.W. 1093 (1889).

Although county attorneys now have the same duties and powers as district attorneys formerly had, a county attorney is a county officer and the county court has original jurisdiction over contests of election for that office. Bell v. Templin, 26 Neb. 249, 41 N.W. 1093 (1889).
Neb. Rev. Stat. § 44-2912 — NE Code / Chapter 44 / Section 44-2912
View Statute 44-2912
Status: in_force

No member of the association shall be liable for any amounts because of such membership, other than the membership fee, prescribed in section 44-2911 , and premiums.

Laws 1976, LB 809, § 12.