FrankGoortani/open-us-law huggingface dataset:
Neb. Rev. Stat. § 28-504 — NE Code / Chapter 28 / Section 28-504
View Statute 28-504
Status: in_force

(1) A person commits arson in the third degree if he or she intentionally sets fire to, burns, causes to be burned, or by the use of any explosive, damages or destroys, or causes to be damaged or destroyed, any property of another person without such other person's consent. Such property shall not be contained within a building and shall not be a building or occupied structure.

(2) Arson in the third degree is a Class IV felony if the damages amount to one thousand five hundred dollars or more.

(3) Arson in the third degree is a Class I misdemeanor if the damages are five hundred dollars or more but less than one thousand five hundred dollars.

(4) Arson in the third degree is a Class II misdemeanor if the damages are less than five hundred dollars.

Laws 1977, LB 38, § 103;

Laws 2010, LB712, § 10;

Laws 2015, LB605, § 27.

Under this section, the amount of damages involved in the crime of third degree arson affects the severity of the punishment. Although the amount of damages is not an element of arson, the State must prove by evidence beyond a reasonable doubt the amount of damages to the property that was damaged by arson in order to prove that the arson was a Class IV felony. State v. Arellano, 262 Neb. 866, 636 N.W.2d 616 (2001).

Under this section, the amount of damages involved in the crime of third degree arson affects the severity of the punishment. Although the amount of damages is not an element of arson, the State must prove by evidence beyond a reasonable doubt the amount of damages to the property that was damaged by arson in order to prove that the arson was a Class IV felony. State v. Arellano, 262 Neb. 866, 636 N.W.2d 616 (2001).
Neb. Rev. Stat. § 21-162 — NE Code / Chapter 21 / Section 21-162
View Statute 21-162
Status: in_force

(RULLCA 808) (a) A foreign limited liability company transacting business in this state may not maintain an action or proceeding in this state unless it has a certificate of authority to transact business in this state.

(b) The failure of a foreign limited liability company to have a certificate of authority to transact business in this state does not impair the validity of a contract or act of the company or prevent the company from defending an action or proceeding in this state.

(c) A member or manager of a foreign limited liability company is not liable for the debts, obligations, or other liabilities of the company solely because the company transacted business in this state without a certificate of authority.

Laws 2010, LB888, § 62.
Neb. Rev. Stat. § 9-621 — NE Code / Chapter 9 / Section 9-621
View Statute 9-621
Status: in_force

(1) All money collected by the department as an administrative fine shall be remitted on a monthly basis to the State Treasurer for credit to the permanent school fund.

(2) Any administrative fine levied under section 9-620 and unpaid shall constitute a debt to the State of Nebraska which may be collected by lien foreclosure or sued for and recovered in any proper form of action in the name of the State of Nebraska in the district court of the county in which the violator resides or owns property.

Laws 1989, LB 767, § 61;

Laws 1993, LB 563, § 6.
Neb. Rev. Stat. § 44-710.08 — NE Code / Chapter 44 / Section 44-710.08
View Statute 44-710.08
Status: in_force

(1) Any policy of sickness and accident insurance of a foreign or alien insurer, when delivered or issued for delivery to any person in this state, may contain any provision which is not less favorable to the insured or the beneficiary than the provisions of sections 44-709 to 44-767 and which is prescribed or required by the law of the state under which the insurer is organized.

(2) Any policy of sickness and accident insurance of a domestic insurer may, when issued for delivery in any other state or country, contain any provision permitted or required by the laws of such other state or country.

Laws 1957, c. 188, § 9, p. 656;

Laws 1989, LB 92, § 138.
Neb. Rev. Stat. § 59-1612 — NE Code / Chapter 59 / Section 59-1612
View Statute 59-1612
Status: in_force

Any action to enforce a claim for damages under section 59-1609 shall be forever barred unless commenced within four years after the cause of action accrues; Provided, that whenever any action is brought by the Attorney General for a violation of sections 59-1602 to 59-1606 , except actions for the recovery of a civil penalty for violation of an injunction or actions under section 59-1609 , the running of such statute of limitations, with respect to every private right of action for damages under section 59-1609 which is based in whole or part on any matter complained of in the action by the Attorney General, shall be suspended during the pendency thereof.

Laws 1974, LB 1028, § 19.
Neb. Rev. Stat. § 43-701 — NE Code / Chapter 43 / Section 43-701
View Statute 43-701
Status: in_force

Except as otherwise provided in the Nebraska Indian Child Welfare Act, no person, other than a parent, shall (1) place, (2) assist in placing, (3) advertise a child for placement, or (4) give the care and custody of any child to any person or association for adoption or otherwise, except for temporary or casual care, unless such person shall be duly licensed by the Department of Health and Human Services under such rules and regulations as the department shall prescribe. The department may grant or revoke such a license and make all needful rules regarding the issuance or revocation thereof.

Laws 1919, c. 190, tit. VI, art. II, div. XI, § 1, p. 789;

C.S.1922, § 8265;

C.S.1929, § 71-2601;

R.S.1943, § 71-801;

Laws 1945, c. 170, § 1, p. 545;

Laws 1961, c. 204, § 5, p. 613;

Laws 1985, LB 255, § 35;

Laws 1996, LB 1044, § 175;

Laws 1997, LB 307, § 70.

Nebraska Indian Child Welfare Act, see section 43-1501 .
Neb. Rev. Stat. § 13-2030 — NE Code / Chapter 13 / Section 13-2030
View Statute 13-2030
Status: in_force

On or before October 1, 1993, a certification shall be filed with the department on behalf of each county and municipality with respect to (1) facility and system capacity for solid waste management for the solid waste generated within each solid waste jurisdiction area and (2) facility and system capacity for solid waste generated outside of each solid waste jurisdiction area and disposed of in facilities within each solid waste jurisdiction area. If a county or municipality is unable to certify capacity for waste generated outside its solid waste jurisdiction area, it may restrict access to its facilities and systems for such solid waste. Such certification shall be approved by the department if it is found to be in compliance with the Integrated Solid Waste Management Act and the rules and regulations adopted under the act.

Laws 1992, LB 1257, § 30.
Neb. Rev. Stat. § 21-233 — NE Code / Chapter 21 / Section 21-233
View Statute 21-233
Status: in_force

(MBCA 5.01) Each corporation must continuously maintain in this state:

(1) A registered office that may be the same as any of its places of business; and

(2) A registered agent, who may be:

(i) An individual who resides in this state and whose business office is identical with the registered office; or

(ii) A domestic or foreign corporation or other eligible entity whose business office is identical with the registered office and, in the case of a foreign corporation or foreign eligible entity, is authorized to transact business in the state.

Laws 2014, LB749, § 33.
Neb. Rev. Stat. § 14-208 — NE Code / Chapter 14 / Section 14-208
View Statute 14-208
Status: in_force

All members of the city council of a city of the metropolitan class shall qualify and give bond or evidence of equivalent insurance in the sum of five thousand dollars.

Laws 1921, c. 116, art. II, § 8, p. 423;

C.S.1922, § 3533;

C.S.1929, § 14-208;

R.S.1943, § 14-208;

Laws 1979, LB 80, § 7;

Laws 1994, LB 76, § 475;

Laws 2007, LB347, § 2.

This section does not apply to "holdover officers", as they are governed by section 11-117. State ex rel. Shaw v. Rosewater, 79 Neb. 450, 113 N.W. 206 (1907).

This section does not apply to "holdover officers", as they are governed by section 11-117. State ex rel. Shaw v. Rosewater, 79 Neb. 450, 113 N.W. 206 (1907).
Neb. Rev. Stat. § 38-1507 — NE Code / Chapter 38 / Section 38-1507
View Statute 38-1507
Status: in_force

Temporary training license means a hearing instrument specialist license issued while the applicant is in training to become a licensed hearing instrument specialist.

Laws 2007, LB463, § 571;

Laws 2009, LB195, § 25;

Laws 2017, LB88, § 52.
Neb. Rev. Stat. § 23-154 — NE Code / Chapter 23 / Section 23-154
View Statute 23-154
Status: in_force

The county clerk shall have the power to call special sessions when the interests of the county demand it, upon giving five days' notice of the time and object of calling the commissioners together, by posting up notices in three public places in the county, or by publication in a newspaper published therein.

Laws 1879, § 57, p. 370;

R.S.1913, § 982;

C.S.1922, § 882;

C.S.1929, § 26-136;

R.S.1943, § 23-154.

Failure of clerk to publicize special meeting regarding initiative petition for hospital bond election did not invalidate resulting election. Shadbolt v. County of Cherry, 185 Neb. 208, 174 N.W.2d 733 (1970).

Failure of clerk to publicize special meeting regarding initiative petition for hospital bond election did not invalidate resulting election. Shadbolt v. County of Cherry, 185 Neb. 208, 174 N.W.2d 733 (1970).

Failure of county clerk to make record of call for special meeting of county board does not invalidate call, where it was in fact made and due notice given, and record of county board shows meeting pursuant thereto. Brooks v. MacLean, 95 Neb. 16, 144 N.W. 1067 (1914).

Failure of county clerk to make record of call for special meeting of county board does not invalidate call, where it was in fact made and due notice given, and record of county board shows meeting pursuant thereto. Brooks v. MacLean, 95 Neb. 16, 144 N.W. 1067 (1914).

Meetings are presumed to be regularly called. Green v. Lancaster County, 61 Neb. 473, 85 N.W. 439 (1901).

Meetings are presumed to be regularly called. Green v. Lancaster County, 61 Neb. 473, 85 N.W. 439 (1901).

Board can transact business only at regular or called meeting. Morris v. Merrell, 44 Neb. 423, 62 N.W. 865 (1895).

Board can transact business only at regular or called meeting. Morris v. Merrell, 44 Neb. 423, 62 N.W. 865 (1895).

Two members of the board, when agreed, may transact business, and may call an election. State ex rel. Harvey v. Piper, 17 Neb. 614, 24 N.W. 204 (1885).

Two members of the board, when agreed, may transact business, and may call an election. State ex rel. Harvey v. Piper, 17 Neb. 614, 24 N.W. 204 (1885).

Board is not confined to business mentioned in call. Commissioners of Kearney County v. Kent, 5 Neb. 227 (1876).

Board is not confined to business mentioned in call. Commissioners of Kearney County v. Kent, 5 Neb. 227 (1876).
Neb. Rev. Stat. § 43-3340 — NE Code / Chapter 43 / Section 43-3340
View Statute 43-3340
Status: in_force

(1) To aid child support enforcement pursuant to federal law, 42 U.S.C. 666(a), the social security numbers of the following individuals shall be recorded on the application, in the court records, or on the death certificate, as appropriate:

(a) Any applicant for a professional license, commercial driver's license, occupational license, or marriage license;

(b) Any individual who is subject to a divorce decree, support order, or paternity determination or acknowledgment; and

(c) Any individual who has died.

(2) The Department of Health and Human Services shall adopt and promulgate rules and regulations which provide a procedure for the collection of the social security numbers recorded pursuant to this section and for the use of such numbers in the child support enforcement as provided in 42 U.S.C. 666(a).

Laws 1997, LB 752, § 48.
Neb. Rev. Stat. § 23-1307 — NE Code / Chapter 23 / Section 23-1307
View Statute 23-1307
Status: in_force

All county clerks and election commissioners and their deputies shall have authority to administer oaths and affirmations in all cases where oaths and affirmations are required and to take acknowledgments of deeds, mortgages, and all other instruments in writing, attesting to such with the county seal.

Laws 1883, c. 19, § 1, p. 181;

R.S.1913, § 5611;

C.S.1922, § 4930;

C.S.1929, § 26-1007;

R.S.1943, § 23-1307;

Laws 2012, LB398, § 1.

Clerk must report fees for such services, though performed as notary public. State ex rel. Frontier County v. Kelly, 30 Neb. 574, 46 N.W. 714 (1890).

Clerk must report fees for such services, though performed as notary public. State ex rel. Frontier County v. Kelly, 30 Neb. 574, 46 N.W. 714 (1890).

Clerk or deputy may administer oaths and affirmations. Merriam v. Coffee, 16 Neb. 450, 20 N.W. 389 (1884).

Clerk or deputy may administer oaths and affirmations. Merriam v. Coffee, 16 Neb. 450, 20 N.W. 389 (1884).
Neb. Rev. Stat. § 43-2618 — NE Code / Chapter 43 / Section 43-2618
View Statute 43-2618
Status: in_force

All family child care homes which are registered pursuant to section 43-2609 shall be inspected within sixty days of registration. All family child care homes registered under section 43-2609 shall be inspected at least every two years after the initial inspection. It is the intent of the Legislature that registered family child care homes be inspected annually if sufficient funds are made available under the federal Child Care and Development Block Grant Act of 1990 for such purposes.

Laws 1991, LB 836, § 18;

Laws 1995, LB 401, § 18;

Laws 1997, LB 310, § 3;

Laws 2014, LB1050, § 1.
Neb. Rev. Stat. § 2-270 — NE Code / Chapter 2 / Section 2-270
2-270
Status: in_force

If, since the corporate existence of a county agricultural society became inoperative, any other county agricultural society organized under the laws of the State of Nebraska adopted the same name as the society sought to be renewed or revived or shall have adopted a name so nearly similar to it as not to distinguish it from the society renewed or revived under the provisions of sections 2-267 to 2-271 , then, in such case, the renewed or revived society shall not be renewed under the same name which it bore when its corporate existence became inoperative, but shall adopt and be renewed under a new name which, under existing law, could be adopted by a society formed and organized under the County Agricultural Society Act, and in such case the certificate to be filed under section 2-272 shall set forth the name borne by such society at the time its existence became inoperative and the new name under which the society is to be renewed or revived.

Laws 1995, LB 671, § 4;

R.S.Supp.,1996, § 2-244;

Laws 1997, LB 469, § 21.
Neb. Rev. Stat. § 18-801 — NE Code / Chapter 18 / Section 18-801
View Statute 18-801
Status: in_force

Sections 18-801 to 18-825 shall be known and may be cited as the Regional Metropolitan Transit Authority Act.

Laws 2019, LB492, § 1.
Neb. Rev. Stat. § 25-1154 — NE Code / Chapter 25 / Section 25-1154
View Statute 25-1154
Status: in_force

The purpose of sections 25-1154 to 25-1157 is to provide an alternate dispute resolution technique, to be known as the summary jury trial, for use by the parties to civil court actions. The Legislature finds that the procedures set forth in such sections will save valuable court and juror resources, promote prompt resolution of disputes, and increase settlement of disputed actions prior to a jury trial. The Legislature declares that courts should liberally construe such sections and employ summary jury trials in appropriate civil actions to effectuate the purposes and findings set forth in this section.

Laws 1987, LB 225, § 1.
Neb. Rev. Stat. § 37-1708 — NE Code / Chapter 37 / Section 37-1708
View Statute 37-1708
Status: in_force

Construction services means activities associated with building the project.

Laws 2018, LB775, § 9.
Neb. Rev. Stat. § 19-4017.01 — NE Code / Chapter 19 / Section 19-4017.01
View Statute 19-4017.01
Status: in_force

For purposes of the Business Improvement District Act:

(1) Assessable unit means front foot, square foot, equivalent front foot, or other unit of assessment established under the proposed method of assessment set forth in the ordinance creating a business improvement district;

(2) Business area means an established area of the city zoned for business, public, or commercial purposes;

(3) Record owner means the fee owner of real property as shown in the records of the register of deeds office in the county in which the business area is located. A contract purchaser of real property shall be considered the record owner and the only person entitled to petition pursuant to section 19-4026 or 19-4029.03 or protest pursuant to section 19-4027 or 19-4029.04 , if the contract is recorded in the register of deeds office in the county in which the business area is located; and

(4) Space means the square foot space wherein customers, patients, clients, or other invitees are received and space from time to time used or available for use in connection with a business or profession of a user, excepting all space owned or used by political subdivisions.

Laws 1983, LB 22, § 1;

Laws 2015, LB168, § 4;

Laws 2019, LB193, § 211.
Neb. Rev. Stat. § 38-2324 — NE Code / Chapter 38 / Section 38-2324
View Statute 38-2324
Status: in_force

In addition to the grounds for disciplinary action found in sections 38-178 and 38-179 , a license to practice as a nurse practitioner may be denied, refused renewal, limited, revoked, or suspended or have other disciplinary measures taken against it in accordance with section 38-196 when the applicant or licensee fails to comply with the provisions of section 71-603.01 and 71-605 relating to the signing of death certificates.

Laws 2012, LB1042, § 3.
Neb. Rev. Stat. § 16-729 — NE Code / Chapter 16 / Section 16-729
View Statute 16-729
Status: in_force

The city clerk, upon an appeal being taken under section 16-727 or 16-728 and being paid the proper fees therefor, including fees for filing the same in the district court, shall make out a transcript of the proceedings of the city council, mayor, and other officers as relate to the presentation and allowance or disallowance of such claim and shall file it with the clerk of the district court within thirty days after the decision allowing or disallowing the claim and paying the proper commencement fees. Such appeal shall be entered on the record of the court, tried, and determined and costs awarded thereon in the manner provided in sections 25-1901 to 25-1937 . No appeal bond shall be required of the city by any court in the case of an appeal by the city, and judgment shall be stayed pending such appeal.

Laws 1901, c. 18, § 38, p. 241;

Laws 1903, c. 19, § 6, p. 236;

Laws 1907, c. 13, § 1, p. 110;

R.S.1913, § 4991;

C.S.1922, § 4160;

C.S.1929, § 16-722;

R.S.1943, § 16-729;

Laws 1991, LB 1, § 1;

Laws 2016, LB704, § 193;

Laws 2018, LB193, § 3.
Neb. Rev. Stat. § 66-1846 — NE Code / Chapter 66 / Section 66-1846
View Statute 66-1846
Status: in_force

(1) No action for recovery of any amount paid pursuant to the State Natural Gas Regulation Act shall be maintained in any court unless objections have been filed with the commission as provided in section 66-1844 . In any action for recovery of any payments made under the act, the claimant shall be entitled to raise every relevant issue of law, but the commission's findings of fact made pursuant to the act shall be prima facie evidence of the facts therein stated.

(2) The following shall be deemed to be findings of fact of the commission within the meaning of the act: (a) Determinations of fact expressed in notices of assessments given pursuant to the act; and (b) determinations of fact set out in those minutes of the commission which record the action of the commission in connection with making the assessments and passing upon objections thereto.

Laws 2003, LB 790, § 46.
Neb. Rev. Stat. § 14-2129 — NE Code / Chapter 14 / Section 14-2129
14-2129
Status: in_force

If a metropolitan utilities district supplies water at retail to residents of a city or village other than a city of the metropolitan class or residents of a sanitary and improvement district, whether or not such city, village, or sanitary and improvement district is within the district boundaries, such city, village, or sanitary and improvement district and metropolitan utilities district shall have power and authority to enter into a contract to obtain the use of facilities and services of the water utility of such district in order to collect from the residents supplied water by the district sewer use or rental fees or charges for other utility services for such city, village, or sanitary and improvement district in the same manner and to the same extent as is provided for such services to cities of the metropolitan class by sections 14-2134 to 14-2136 . No utility service under this section shall be discontinued for nonpayment of charges for unrelated services.

Laws 1972, LB 1188, § 1;

R.S.1943, (1991), § 14-1111.01;

Laws 1992, LB 746, § 29.
Neb. Rev. Stat. § 30-3117 — NE Code / Chapter 30 / Section 30-3117
View Statute 30-3117
Status: in_force

For purposes of the Uniform Principal and Income Act:

(1) Accounting period means a calendar year unless another twelve-month period is selected by a fiduciary. The term includes a portion of a calendar year or other twelve-month period that begins when an income interest begins or ends when an income interest ends.

(2) Beneficiary includes, in the case of a decedent's estate, an heir, legatee, and devisee and, in the case of a trust, an income beneficiary and a remainder beneficiary.

(3) Fiduciary means a personal representative or a trustee. The term includes an executor, administrator, successor personal representative, special administrator, and a person performing substantially the same function.

(4) Income means money or property that a fiduciary receives as current return from a principal asset. The term includes a portion of receipts from a sale, exchange, or liquidation of a principal asset, to the extent provided in sections 30-3127 to 30-3141 .

(5) Income beneficiary means a person to whom net income of a trust is or may be payable.

(6) Income interest means the right of an income beneficiary to receive all or part of net income, whether the terms of the trust require it to be distributed or authorize it to be distributed in the trustee's discretion.

(7) Mandatory income interest means the right of an income beneficiary to receive net income that the terms of the trust require the fiduciary to distribute.

(8) Net income means the total receipts allocated to income during an accounting period minus the disbursements made from income during the period, plus or minus transfers under the act to or from income during the period.

(9) Person means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, government; governmental subdivision, agency, or instrumentality; public corporation, or any other legal or commercial entity.

(10) Principal means property held in trust for distribution to a remainder beneficiary when the trust terminates.

(11) Qualified beneficiary has the same meaning as in section 30-3803 .

(12) Remainder beneficiary means a person entitled to receive principal when an income interest ends.

(13) Terms of a trust means the manifestation of the intent of a settlor or decedent with respect to the trust, expressed in a manner that admits of its proof in a judicial proceeding, whether by written or spoken words or by conduct.

(14) Total return trust means a trust that is converted to a total return trust pursuant to section 30-3119.01 or a trust the terms of which manifest the settlor's intent that the trustee will administer the trust in accordance with subsection (4) of section 30-3119.01 .

(15) Trustee includes an original, additional, or successor trustee, whether or not appointed or confirmed by a court.

Laws 2001, LB 56, § 2;

Laws 2005, LB 533, § 34.