FrankGoortani/open-us-law huggingface dataset:
Neb. Rev. Stat. § 16-319 — NE Code / Chapter 16 / Section 16-319
View Statute 16-319
Status: in_force

The city attorney of a city of the first class shall be the legal advisor of the city council and other city officers. The city attorney shall commence, prosecute, and defend all suits and actions necessary to be commenced, prosecuted, or defended on behalf of the city, or that may be ordered by the city council. He or she shall attend meetings of the city council and give them his or her opinion upon any matters submitted to him or her, either orally or in writing as may be required. The mayor and city council shall have the right to pay the city attorney additional compensation for legal services performed by him or her for the city or to employ additional legal assistance and to pay for such legal assistance out of the funds of the city. Whenever the mayor and city council have by ordinance so authorized, the board of public works shall have the right to pay the city attorney additional compensation for legal services performed by him or her for it or to employ additional legal assistance other than the city attorney and pay such legal assistance out of funds disbursed under the orders of the board of public works.

Laws 1901, c. 18, § 27, p. 237;

R.S.1913, § 4885;

C.S.1922, § 4053;

C.S.1929, § 16-315;

R.S.1943, § 16-319;

Laws 1947, c. 26, § 1, p. 127;

Laws 1955, c. 30, § 1, p. 136;

Laws 2016, LB704, § 61;

Laws 2019, LB194, § 13.

City attorney is appointive officer and not principal officer; may be removed at any time by mayor with approval of majority of city council; and has no statutory power to make governmental decisions which affect the city. Communication Workers of America, AFL-CIO v. City of Hastings, 198 Neb. 668, 254 N.W.2d 695 (1977).

City attorney is appointive officer and not principal officer; may be removed at any time by mayor with approval of majority of city council; and has no statutory power to make governmental decisions which affect the city. Communication Workers of America, AFL-CIO v. City of Hastings, 198 Neb. 668, 254 N.W.2d 695 (1977).

Where city attorney joined in resisting action to recover funds, demand to bring action was not required. Arthur v. Trindel, 168 Neb. 429, 96 N.W.2d 208 (1959).

Where city attorney joined in resisting action to recover funds, demand to bring action was not required. Arthur v. Trindel, 168 Neb. 429, 96 N.W.2d 208 (1959).
Neb. Rev. Stat. § 15-309 — NE Code / Chapter 15 / Section 15-309
View Statute 15-309
Status: in_force

(1) Subject to subsection (2) of this section, the city council of a city of the primary class shall have the power by ordinance to fix the salaries of the officers and employees of the city and provide by ordinance for the forfeiting of the salary of any officer or employee.

(2)(a) Salaries of the mayor and members of the city council shall be determined by ordinance subject to the requirements in this section. Except as provided in subdivision (b) of this subsection, no such salary shall be increased by more than the average percentage change in the unadjusted Consumer Price Index for All Urban Consumers published by the Federal Bureau for Labor Statistics for the period since the last salary increase plus one percent. No such salary shall be increased more than once every two fiscal years. The ordinance may establish the salary for the mayor or the city council members or both. The salary change for the mayor shall not take effect until the end of the term of the mayor in office at the time of the adoption of the ordinance. The salary change for the city council members shall take effect as soon as permitted under Article III, section 19, of the Constitution of Nebraska.

(b) The city council may place the issue on the ballot of whether to increase the salary of the mayor or the city council members or both by more than the amount permitted in subdivision (a) of this subsection for approval by the registered voters of the city. The city council shall determine the percentage of increase and hold a public hearing regarding the increase. If the city council approves the percentage by a vote of at least two-thirds of the members of the city council, the city clerk shall transmit the issue to the election commissioner or county clerk for placement on the ballot at the next statewide general election subject to section 32-559 . If the salary change for the mayor is approved by a majority of the voters voting on the issue, the salary change shall take effect at the end of the term of the mayor in office at the time of the election. If the salary change for the city council members is approved by a majority of the voters voting on the issue, the salary change shall take effect as soon as permitted under Article III, section 19, of the Constitution of Nebraska.

Laws 1901, c. 16, § 21, p. 77;

Laws 1905, c. 16, § 4, p. 202;

Laws 1907, c. 9, § 3, p. 76;

Laws 1913, c. 5, § 1, p. 58;

R.S.1913, § 4486;

C.S.1922, § 3872;

C.S.1929, § 15-309;

R.S.1943, § 15-309;

Laws 2020, LB1003, § 87;

Laws 2024, LB1300, § 39.
Neb. Rev. Stat. § 28-380 — NE Code / Chapter 28 / Section 28-380
View Statute 28-380
Status: in_force

At any time subsequent to the completion of the department's investigation, if a vulnerable adult, the guardian of a vulnerable adult, or a person who allegedly abused a vulnerable adult and who is mentioned in a report believes the information in the report is inaccurate or being maintained in a manner inconsistent with the Adult Protective Services Act, such person may request the department to amend or expunge identifying information from the report or remove the record of such report from the registry. If the department refuses to do so or does not act within thirty days, the vulnerable adult or person who allegedly abused a vulnerable adult shall have the right to a hearing to determine whether the record of the report should be amended, expunged, or removed on the grounds that it is inaccurate or that it is being maintained in a manner inconsistent with such act. Such hearing shall be held within a reasonable time after a request is made and at a reasonable place and hour. At the hearing the burden of proving the accuracy and consistency of the record shall be on the department. The hearing shall be conducted by the chief executive officer of the department or his or her designated representative, who is hereby authorized and empowered to order the amendment, expunction, or removal of the record to make such record accurate or consistent with the requirements of the Adult Protective Services Act. The decision shall be made in writing within thirty days of the close of the hearing and shall state the reasons upon which it is based. Decisions of the department may be appealed, and the appeal shall be in accordance with the Administrative Procedure Act.

Laws 1988, LB 463, § 33;

Laws 1996, LB 1044, § 67;

Laws 2006, LB 994, § 53;

Laws 2007, LB296, § 34.

Administrative Procedure Act, see section 84-920 .
Neb. Rev. Stat. § 44-376 — NE Code / Chapter 44 / Section 44-376
View Statute 44-376
Status: in_force

When insurance is issued to an agent or trustee, the fact that his principal or beneficiary is the person really insured is sufficiently indicated by describing him as agent or trustee or by other general words in the policy.

Laws 1913, c. 154, § 65, p. 423;

R.S.1913, § 3201;

Laws 1919, c. 190, tit. V, art. IV, § 35, p. 603;

C.S.1922, § 7800;

C.S.1929, § 44-335;

R.S.1943, § 44-376.
Neb. Rev. Stat. § 13-1508 — NE Code / Chapter 13 / Section 13-1508
View Statute 13-1508
Status: in_force

Nothing in the State-Tribal Cooperative Agreements Act shall be construed to authorize an agreement that:

(1) Is not permitted by federal law. The parties to an agreement should deal with substantive matters and enforcement matters that can be mutually agreed upon, but no agreement shall affect the underlying jurisdictional authority of any party unless expressly authorized by Congress;

(2) Authorizes a public agency or tribal government, either separately or pursuant to agreement, to expand or diminish the jurisdiction presently exercised by the government of the United States to make criminal laws for or enforce criminal laws in Indian country; or

(3) Authorizes a public agency or tribal government to enter into an agreement except as authorized by their own organizational documents or enabling laws.

Laws 1989, LB 508, § 8.
Neb. Rev. Stat. § 29-2926 — NE Code / Chapter 29 / Section 29-2926
View Statute 29-2926
Status: in_force

(1) If the Department of Health and Human Services determines that treatment in an inpatient treatment program operated by the department is not appropriate for a convicted sex offender, the offender may request the sentencing judge to review the determination in accordance with subsection (2) of this section.

(2) Within thirty days of the determination of the Department of Health and Human Services that the treatment in an inpatient treatment program operated by the department is not appropriate for a convicted sex offender, the offender may apply to the sentencing judge for a review of the denial of treatment. The review shall be conducted under the following rules of procedure:

(a) The court may allow each party to call witnesses on its behalf at such party's expense. Witnesses may be subpoenaed at the expense of the party calling the witness;

(b) Each party shall be allowed to be represented by counsel at such party's expense;

(c) Each party may be allowed to cross-examine adverse witnesses;

(d) The Nebraska Evidence Rules shall not apply unless expressly provided for by law, and the court may consider all evidence which in its discretion is relevant to whether the determination of the department is appropriate;

(e) The court may affirm the determination of the department, remand the matter for further proceedings, or reverse or modify the determination if such determination is unsupported by competent, material, and substantial evidence in view of the entire record as made on review or if the determination is arbitrary and capricious; and

(f) The review pursuant to this section shall not be subject to appeal.

Laws 1992, LB 523, § 5;

Laws 1996, LB 1044, § 80.

Nebraska Evidence Rules, see section 27-1103 .
Neb. Rev. Stat. § 29-2502 — NE Code / Chapter 29 / Section 29-2502
View Statute 29-2502
Status: in_force

Laws 2015, LB268, § 23;

Referendum 2016, No. 426.

Note: Section 29-2502, newly enacted by Laws 2015, LB 268, section 23, and assigned by the Revisor of Statutes to section 29-2502, has been omitted because of the vote on the referendum at the November 2016 general election.
Neb. Rev. Stat. § 13-820 — NE Code / Chapter 13 / Section 13-820
View Statute 13-820
Status: in_force

The governing body of the joint entity may provide for the publication of any resolution or other proceeding adopted by it pursuant to the Interlocal Cooperation Act in a newspaper of general circulation published in the political subdivision or county where the principal office or place of business of the joint agency is located or, if no newspaper is so published, in a newspaper qualified to carry legal notices having general circulation in the political subdivision or county.

Laws 1991, LB 731, § 20.
Neb. Rev. Stat. § 18-2483 — NE Code / Chapter 18 / Section 18-2483
View Statute 18-2483
Status: in_force

The State of Nebraska does hereby pledge to and agree with the holders of any bonds and with those parties who may enter into contracts with any agency or municipality under sections 18-2401 to 18-2485 that the state will not alter, impair, or limit the rights thereby vested until the bonds, together with applicable interest, are fully met and discharged and such contracts are fully performed. Nothing contained in sections 18-2401 to 18-2485 shall preclude such alteration, impairment, or limitation if and when adequate provisions shall be made by law for the protection of the holders of the bonds or persons entering into contracts with any agency or municipality. Each agency and municipality is authorized to include this pledge and undertaking for the state in such bonds or contracts.

Laws 1981, LB 132, § 83.
Neb. Rev. Stat. § 46-1207.02 — NE Code / Chapter 46 / Section 46-1207.02
View Statute 46-1207.02
Status: in_force

Inactive status water well shall mean a water well that is in a good state of repair and for which the owner has provided evidence of intent for future use by maintaining the water well in a manner which meets the following requirements:

(1) The water well does not allow impairment of the water quality in the water well or of the ground water encountered by the water well;

(2) The top of the water well or water well casing has a water-tight welded or threaded cover or some other water-tight means to prevent its removal without the use of equipment or tools to prevent unauthorized access, to prevent a safety hazard to humans and animals, and to prevent illegal disposal of wastes or contaminants into the water well;

(3) All entrances and discharge piping to the water well are effectively sealed to prevent the entrance of contaminants; and

(4) The water well is marked so as to be easily visible and located and is labeled or otherwise marked so as to be easily identified as a water well and the area surrounding the water well is kept clear of brush, debris, and waste material.

Laws 1994, LB 981, § 16;

Laws 2004, LB 962, § 99.
Neb. Rev. Stat. § 43-3312 — NE Code / Chapter 43 / Section 43-3312
View Statute 43-3312
Status: in_force

Support order has the same meaning as found in section 43-1717 .

Laws 1997, LB 752, § 12.
Neb. Rev. Stat. § 37-205 — NE Code / Chapter 37 / Section 37-205
View Statute 37-205
Status: in_force

Aquaculturist means any individual, partnership, limited liability company, or corporation, other than an employee of a state or federal hatchery, involved in producing, transporting, or marketing cultured aquatic stock or products thereof.

Laws 1998, LB 922, § 15.
Neb. Rev. Stat. § 53-134.03 — NE Code / Chapter 53 / Section 53-134.03
View Statute 53-134.03
Status: in_force

The governing bodies of cities and villages are authorized to regulate by ordinance, not inconsistent with the Nebraska Liquor Control Act, the business of all retail, bottle club, craft brewery, or microdistillery licensees carried on within the corporate limits of the city or village.

Laws 1935, c. 116, § 104, p. 429;

C.S.Supp.,1941, § 53-3,104;

R.S.1943, § 53-147;

Laws 1980, LB 848, § 11;

Laws 1989, LB 781, § 14;

R.S.Supp.,1990, § 53-147;

Laws 1991, LB 344, § 38;

Laws 1993, LB 183, § 16;

Laws 1999, LB 267, § 12;

Laws 2004, LB 485, § 24;

Laws 2007, LB549, § 15;

Laws 2018, LB1120, § 19.

Where city had not by ordinance attempted to regulate the location of the place of business of licensee, commission could grant license over objection of city. City of Lincoln v. Nebraska Liquor Control Commission, 181 Neb. 277, 147 N.W.2d 803 (1967).

Where city had not by ordinance attempted to regulate the location of the place of business of licensee, commission could grant license over objection of city. City of Lincoln v. Nebraska Liquor Control Commission, 181 Neb. 277, 147 N.W.2d 803 (1967).

Power to regulate sale of beer lies in local municipality. Phelps Inc. v. City of Hastings, 152 Neb. 651, 42 N.W.2d 300 (1950).

Power to regulate sale of beer lies in local municipality. Phelps Inc. v. City of Hastings, 152 Neb. 651, 42 N.W.2d 300 (1950).

Despite absence of severance clause, ordinance which provided several distinct and separate grounds upon which to base revocation of liquor licenses was not rendered invalid in its entirety by reason of invalidity of some portions. Clark v. City of Fremont, 377 F.Supp. 327 (D. Neb. 1977).

Despite absence of severance clause, ordinance which provided several distinct and separate grounds upon which to base revocation of liquor licenses was not rendered invalid in its entirety by reason of invalidity of some portions. Clark v. City of Fremont, 377 F.Supp. 327 (D. Neb. 1977).
Neb. Rev. Stat. § 38-2237 — NE Code / Chapter 38 / Section 38-2237
View Statute 38-2237
Status: in_force

(1) A licensed practical nurse may provide intravenous therapy if he or she (a) holds a valid license issued before May 1, 2016, by the department pursuant to the Licensed Practical Nurse-Certified Practice Act as such act existed on such date, (b) graduates from an approved program of practical nursing on or after May 1, 2016, or (c) holds a valid license as a licensed practical nurse issued on or before May 1, 2016, and completes, within five years after August 24, 2017, (i) an eight-hour didactic course in intravenous therapy which shall include, but not be limited to, peripheral intravenous lines, central lines, and legal aspects of intravenous therapy and (ii) an approved employer-specific intravenous therapy skills course.

(2) This section does not require a licensed practical nurse who does not provide intravenous therapy in the course of employment to complete the course described in subdivision (1)(c)(ii) of this section.

Laws 2017, LB88, § 69.
Neb. Rev. Stat. § 17-505.01 — NE Code / Chapter 17 / Section 17-505.01
View Statute 17-505.01
Status: in_force

If a city of the second class or village is required to publish a notice or advertisement in a legal newspaper in or of general circulation in the city or village, and if there is no legal newspaper in or of general circulation in such city or village, then the city or village shall publish such notice or advertisement in a legal newspaper in or of general circulation in the county in which such city or village is located. If there is no legal newspaper in or of general circulation in such county, then the city or village shall publish such notice or advertisement by posting a written or printed copy thereof in each of three public places in the city or village for the same period of time such city or village is required to publish the notice or advertisement in a legal newspaper.

Laws 2017, LB133, § 123.
Neb. Rev. Stat. § 43-3342.03 — NE Code / Chapter 43 / Section 43-3342.03
View Statute 43-3342.03
Status: in_force

(1) All support orders shall direct payment of support as provided in section 42-369 . Any support order issued prior to the date that the State Disbursement Unit becomes operative for which the payment is to be made to the clerk of the district court shall be deemed to require payment to the State Disbursement Unit after a notice to the obligor is issued. Support order payments made to the clerk of the district court shall be forwarded to the State Disbursement Unit by electronic transfer.

(2) The State Disbursement Unit may collect a fee equal to the actual cost of processing any payments for returned check charges or charges for electronic payments not accepted, except that the fee shall not exceed thirty dollars. After a payor has originated one payment resulting in a returned check or an electronic payment not accepted within a period of two years, the unit may issue a notice to the originator that, for the following year, any payment shall be required to be paid by money order, cashier's check, certified check, or any other form of guaranteed payment as may be approved by the unit. After a payor has originated two payments resulting in returned checks or electronic payments not accepted, the unit may issue a notice to the originator that all future payments shall be paid by money order, cashier's check, certified check, or any other form of guaranteed payment as may be approved by the unit, except that pursuant to rule and regulation and at least two years after such issuance of notice, the unit may waive for good cause shown such requirements for methods of payment. The fees shall be remitted to the State Treasurer for credit to the State Disbursement Unit Cash Fund, which is hereby created, which funds shall be used to offset the expenses incurred in the collection of child support bad debt and other collection expenses incurred by the unit. Any money in the 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.

(3) The State Disbursement Unit shall use automated procedures, electronic processes, and computer-driven technology to the maximum extent feasible, efficient, and economical for the collection and disbursement of support payments.

(4) Employers with more than fifty employees who have an employee with a child support order shall remit child support payments electronically.

Laws 2000, LB 972, § 3;

Laws 2002, LB 1062, § 4;

Laws 2005, LB 116, § 21;

Laws 2008, LB620, § 1;

Laws 2019, LB505, § 1.

Nebraska Capital Expansion Act, see section 72-1269 .

Nebraska State Funds Investment Act, see section 72-1260 .
Neb. Rev. Stat. § 13-3408 — NE Code / Chapter 13 / Section 13-3408
View Statute 13-3408
Status: in_force

The auditor may adopt and promulgate rules and regulations to carry out the Property Tax Growth Limitation Act.

Laws 2024, First Spec. Sess., LB34, § 8.
Neb. Rev. Stat. § 43-1516 — NE Code / Chapter 43 / Section 43-1516
View Statute 43-1516
Status: in_force

Any state court entering a final decree or order in any Indian child adoptive placement after September 6, 1985, shall provide the secretary with a copy of such decree or order together with such other information as may be necessary to show:

(1) The name and tribal affiliation of the child;

(2) The names and addresses of the biological parents;

(3) The names and addresses of the adoptive parents; and

(4) The identity of any agency having files or information relating to such adoptive placement.

When the court records contain an affidavit of the biological parent or parents that their identity remain confidential, the court shall include such affidavit with the other information.

Laws 1985, LB 255, § 16.

The lower standard of proof under subsection (3) of section 43-279.01 for the termination of parental rights to non-Indian children, as opposed to the higher standard of proof under the Nebraska Indian Child Welfare Act does not violate the equal protection rights of parents of non-Indian children. In re Interest of Phoenix L. et al., 270 Neb. 870, 708 N.W.2d 786 (2006).

The lower standard of proof under subsection (3) of section 43-279.01 for the termination of parental rights to non-Indian children, as opposed to the higher standard of proof under the Nebraska Indian Child Welfare Act does not violate the equal protection rights of parents of non-Indian children. In re Interest of Phoenix L. et al., 270 Neb. 870, 708 N.W.2d 786 (2006).
Neb. Rev. Stat. § 71-562 — NE Code / Chapter 71 / Section 71-562
View Statute 71-562
Status: in_force

The Legislature hereby finds and declares that Alzheimer's and other dementia are of significant concern to the State of Nebraska, and that the Legislature and the state would benefit from a more coordinated approach to addressing Alzheimer's disease and other dementia.

Laws 2022, LB752, § 31.