FrankGoortani/open-us-law huggingface dataset:
Neb. Rev. Stat. § 38-1004 — NE Code / Chapter 71 / Section 38-1004
38-1004
Status: in_force

For purposes of the Cosmetology, Electrology, Esthetics, Nail Technology, and Body Art Practice Act and elsewhere in the Uniform Credentialing Act, unless the context otherwise requires, the definitions found in sections 38-1005 to 38-1056 apply.

Laws 1986, LB 318, § 4;

Laws 1995, LB 83, § 4;

Laws 1999, LB 68, § 4;

Laws 2002, LB 241, § 4;

Laws 2004, LB 906, § 6;

R.S.Supp.,2006, § 71-343;

Laws 2007, LB463, § 266;

Laws 2016, LB898, § 2;

Laws 2018, LB731, § 4.
Neb. Rev. Stat. § 21-299 — NE Code / Chapter 21 / Section 21-299
View Statute 21-299
Status: in_force

(MBCA 8.24) (a) Unless the articles of incorporation or bylaws require a greater number or unless otherwise specifically provided in the Nebraska Model Business Corporation Act, a quorum of a board of directors consists of:

(1) A majority of the fixed number of directors if the corporation has a fixed board size; or

(2) A majority of the number of directors prescribed, or if no number is prescribed the number in office immediately before the meeting begins, if the corporation has a variable-range size board.

(b) The articles of incorporation or bylaws may authorize a quorum of a board of directors to consist of no fewer than one-third of the fixed or prescribed number of directors determined under subsection (a) of this section.

(c) If a quorum is present when a vote is taken, the affirmative vote of a majority of directors present is the act of the board of directors unless the articles of incorporation or bylaws require the vote of a greater number of directors.

(d) A director who is present at a meeting of the board of directors or a committee of the board of directors when corporate action is taken is deemed to have assented to the action taken unless: (1) The director objects at the beginning of the meeting, or promptly upon arrival, to holding it or transacting business at the meeting; (2) the dissent or abstention from the action taken is entered in the minutes of the meeting; or (3) the director delivers written notice of the director's dissent or abstention to the presiding officer of the meeting before its adjournment or to the corporation immediately after adjournment of the meeting. The right of dissent or abstention is not available to a director who votes in favor of the action taken.

Laws 2014, LB749, § 99.
Neb. Rev. Stat. § 25-2150 — NE Code / Chapter 25 / Section 25-2150
View Statute 25-2150
Status: in_force

If the defendant shall not bring into court the amount due, with costs, or if for any other cause a decree shall pass for the complainant, the court may direct a reference to a sheriff to ascertain and report the situation of the mortgaged premises, or may determine the same on oral or other testimony, and if it shall appear that the same can be sold in parcels, without injury to the parties, the decree shall direct so much of the mortgaged premises to be sold as will be sufficient to pay the amount then due on such mortgage, with costs, and such decree shall remain a security for any subsequent default.

R.S.1867, Code § 858, p. 544;

R.S.1913, § 8267;

C.S.1922, § 9220;

C.S.1929, § 20-2152;

R.S.1943, § 25-2150.
Neb. Rev. Stat. § 25-1405 — NE Code / Chapter 25 / Section 25-1405
View Statute 25-1405
Status: in_force

Where one of the parties to an action dies, or his powers as a personal representative cease, before the judgment, if the right of action survives in favor of or against his representatives or successor, the action may be revived, and proceed in their names.

R.S.1867, Code § 458, p. 470;

R.S.1913, § 8026;

C.S.1922, § 8967;

C.S.1929, § 20-1405;

R.S.1943, § 25-1405.

Where there is no probate and no personal representative of the original plaintiff, the action may be revived in the names of the heirs-at-law of the original plaintiff. Spradlin v. Myers, 200 Neb. 559, 264 N.W.2d 658 (1978).

Where there is no probate and no personal representative of the original plaintiff, the action may be revived in the names of the heirs-at-law of the original plaintiff. Spradlin v. Myers, 200 Neb. 559, 264 N.W.2d 658 (1978).

Section is not applicable as to revivor sought by executor of widow's estate in claim for widow's allowance. In re Samson's Estate, 142 Neb. 556, 7 N.W.2d 60 (1942).

Section is not applicable as to revivor sought by executor of widow's estate in claim for widow's allowance. In re Samson's Estate, 142 Neb. 556, 7 N.W.2d 60 (1942).

Where party plaintiff dies before judgment, action can no longer proceed in his name but must be revived. Vogt v. Daily, 70 Neb. 812, 98 N.W. 31 (1904).

Where party plaintiff dies before judgment, action can no longer proceed in his name but must be revived. Vogt v. Daily, 70 Neb. 812, 98 N.W. 31 (1904).

Action to recover support for child born out of wedlock may be revived in name of county. Dodge County v. Kemnitz, 28 Neb. 224, 44 N.W. 184 (1889).

Action to recover support for child born out of wedlock may be revived in name of county. Dodge County v. Kemnitz, 28 Neb. 224, 44 N.W. 184 (1889).

Upon the cessation of a personal representative's powers as a result of his or her death, the personal injury action in which he or she is the plaintiff, while not abating but still surviving, becomes suspended or dormant until such time as it is revived or stricken from the docket in accordance with the procedure set forth by statute. Linch v. Northport Irr. Dist., 14 Neb. App. 842, 717 N.W.2d 522 (2006).

Upon the cessation of a personal representative's powers as a result of his or her death, the personal injury action in which he or she is the plaintiff, while not abating but still surviving, becomes suspended or dormant until such time as it is revived or stricken from the docket in accordance with the procedure set forth by statute. Linch v. Northport Irr. Dist., 14 Neb. App. 842, 717 N.W.2d 522 (2006).

Because inmate's cause of action against the State for allegedly violating his constitutional rights did not survive his death, it could not be revived. Fitzgerald v. Clarke, 9 Neb. App. 898, 621 N.W.2d 844 (2001).

Because inmate's cause of action against the State for allegedly violating his constitutional rights did not survive his death, it could not be revived. Fitzgerald v. Clarke, 9 Neb. App. 898, 621 N.W.2d 844 (2001).
Neb. Rev. Stat. § 2-408 — NE Code / Chapter 2 / Section 2-408
View Statute 2-408
Status: in_force

For purposes of the Resilient Soils and Water Quality Act:

(1) Demonstration and research farms means large-scale field and pasture settings located across the state that provide a demonstration of healthy soil practices in support of the educational and research programs of the producer learning community;

(2) Department means the Department of Water, Energy, and Environment; and

(3) Producer learning community means an agricultural producer-led, nonprofit, voluntary membership organization dedicated to fostering learning, skills, and abilities and the gathering and sharing of knowledge for the purpose of carrying out the Resilient Soils and Water Quality Act.

Laws 2022, LB925, § 4;

Laws 2025, LB317, § 7.
Neb. Rev. Stat. § 25-1656 — NE Code / Chapter 25 / Section 25-1656
25-1656
Status: in_force

(1) Unless the judge or judges order that no jury be drawn, the jury commissioner shall draw petit jurors for a regular jury panel pursuant to this section.

(2) If the jury commissioner has previously drawn and investigated potential jurors for service during the jury term as provided in section 25-1655 , the jury commissioner shall draw by chance the names of thirty such qualified jurors, or such other number as the judge or judges may otherwise direct, for each judge sitting with a jury, as petit jurors for such regular jury panel.

(3) If the jury commissioner has not previously drawn and investigated potential jurors for service during the jury term as provided in section 25-1655 , the jury commissioner shall draw and investigate potential jurors from the master key list in the same manner as provided in section 25-1655 . The jury commissioner shall draw and investigate such number of potential jurors as the jury commissioner deems necessary to arrive at a list of thirty qualified jurors or such other number of qualified jurors as the judge or judges shall direct for each judge sitting with a jury.

(4) After drawing the names pursuant to subsection (2) or (3) of this section, the jury commissioner shall:

(a) Serve a summons pursuant to section 25-1660 on each person whose name was drawn if the jury commissioner uses the two-step qualifying and summoning system; or

(b) If the jury commissioner has not already done so in the summons or by another method of notification, notify each person whose name was drawn of the date and time to report for jury service if the jury commissioner uses the one-step qualifying and summoning system.

Laws 1980, LB 733, § 5;

Laws 1983, LB 329, § 1;

Laws 1984, LB 13, § 39;

R.S.1943, (2016), § 25-1641;

Laws 2020, LB387, § 13.
Neb. Rev. Stat. § 37-552 — NE Code / Chapter 37 / Section 37-552
View Statute 37-552
Status: in_force

The commission, upon ascertaining what ditch or ditches are practicable to be screened, shall give notice in writing to the person, firm, or corporation owning, operating, or controlling such ditch or ditches. The notice shall set forth the size of the woven screen necessary to be set in place at the mouth of the ditch or ditches. The mesh of such screen shall be no larger than one inch and shall be so placed and maintained at the mouth of each irrigation ditch designated by the commission as to prevent the passage of fish therein except such as may pass through the meshes of the screen. The screens shall be provided by the commission at cost to the person, firm, or corporation owning, operating, or controlling the ditch or ditches to be screened. For each day's failure to keep such screen in repair and for each day's neglect after the twentieth day to comply with the written notice, the commission may recover the sum of five dollars per day as liquidated damages for the loss to the state on account of the fish thereby lost or destroyed, and the offending party shall further be guilty of a Class III misdemeanor.

Laws 1929, c. 112, IV, § 8, p. 424;

C.S.1929, § 37-408;

R.S.1943, § 37-408;

Laws 1989, LB 34, § 22;

R.S.1943, (1993), § 37-408;

Laws 1998, LB 922, § 272.
Neb. Rev. Stat. § 30-2646 — NE Code / Chapter 30 / Section 30-2646
View Statute 30-2646
Status: in_force

In the exercise of his or her powers, a conservator is to act as a fiduciary and shall comply with the prudent investor rule set forth in sections 30-3883 to 30-3889 .

Laws 1974, LB 354, § 264, UPC § 5-417;

Laws 1997, LB 54, § 15;

Laws 2003, LB 130, § 132.
Neb. Rev. Stat. § 70-603 — NE Code / Chapter 70 / Section 70-603
View Statute 70-603
Status: in_force

A district may be organized and may amend its charter under Chapter 70, article 6, by filing in the office of the Nebraska Power Review Board a petition in compliance with requirements set forth in Chapter 70, article 6, and receiving the approval of the petition by the Nebraska Power Review Board.

Laws 1933, c. 86, § 3, p. 339;

Laws 1937, c. 152, § 3, p. 579;

C.S.Supp.,1941, § 70-703;

Laws 1943, c. 145, § 1(1), p. 507;

R.S.1943, § 70-603;

Laws 1981, LB 181, § 7;

Laws 1986, LB 949, § 4;

Laws 2009, LB53, § 1.

Initial step toward the organization of a district is the filing of a petition. Schroll v. City of Beatrice, 169 Neb. 162, 98 N.W.2d 790 (1959).

Initial step toward the organization of a district is the filing of a petition. Schroll v. City of Beatrice, 169 Neb. 162, 98 N.W.2d 790 (1959).
Neb. Rev. Stat. § 44-4224 — NE Code / Chapter 44 / Section 44-4224
View Statute 44-4224
Status: in_force

The pool administrator shall:

(1) Perform all eligibility verification functions relating to the pool;

(2) Establish a premium billing procedure for collection of premiums from covered individuals on a periodic basis as determined by the board;

(3) Perform all necessary functions to assure timely payment of benefits to covered individuals, including:

(a) Making available information relating to the proper manner of submitting a claim for benefits to the pool and distributing forms upon which submission shall be made; and

(b) Evaluating the eligibility of each claim for payment by the pool;

(4) Submit regular reports to the board regarding the operation of the pool. The frequency, content, and form of the reports shall be determined by the board;

(5) Following the close of each calendar year, report such income and expense items as directed by the board to the board and the department on a form prescribed by the director; and

(6) Be paid as provided in the plan of operation for its expenses incurred in the performance of its services to the pool.

Laws 1985, LB 391, § 24;

Laws 2000, LB 1253, § 26;

Laws 2011, LB73, § 5.
Neb. Rev. Stat. § 38-2028 — NE Code / Chapter 38 / Section 38-2028
View Statute 38-2028
Status: in_force

(1) An applicant for a license to practice medicine and surgery based on a license in another state or territory of the United States or the District of Columbia shall comply with the requirements of the Interstate Medical Licensure Compact beginning on the effective date of the compact or meet the standards set by the board pursuant to section 38-126 , except that an applicant who has not passed one of the licensing examinations specified in the rules and regulations but has been duly licensed to practice medicine and surgery in some other state or territory of the United States of America or in the District of Columbia and obtained that license based upon a state examination, as approved by the board, may be issued a license by the department, with the recommendation of the board, to practice medicine and surgery.

(2) An applicant who is a military spouse may apply for a temporary license as provided in section 38-129.01 .

Laws 2007, LB463, § 686;

Laws 2017, LB88, § 62.

Interstate Medical Licensure Compact, see section 38-3601 .
Neb. Rev. Stat. § 17-973 — NE Code / Chapter 17 / Section 17-973
View Statute 17-973
Status: in_force

All assessments made under the provisions of sections 17-970 to 17-976 shall be a lien on the property against which levied from the date of levy and shall thereupon be certified by direction of the governing body to the city treasurer or village treasurer for collection. Except as provided in section 18-1216 , such assessments shall be due and payable to such treasurer until November 1 thereafter or until the delivery of the tax list for such year to the treasurer of the county in which such city or village may be situated, at and after which time the same shall be due and payable to such county treasurer. The governing body of such city or village shall, within the time provided by law, cause such assessments, or the portion thereof remaining unpaid, to be certified to the county clerk for entry upon the proper tax lists. If the city treasurer or village treasurer collects any assessment or portion thereof so certified while the same shall be payable to the county treasurer, the city treasurer or village treasurer shall certify the assessment or portion thereof to the county treasurer at once, and the county treasurer shall correct the record to show such payment.

Laws 1967, c. 73, § 4, p. 238;

Laws 1996, LB 962, § 2;

Laws 2017, LB133, § 303.
Neb. Rev. Stat. § 18-1709 — NE Code / Chapter 18 / Section 18-1709
View Statute 18-1709
Status: in_force

Any city or village of this state may make arrangements and contracts with any other city or village for the purpose of fire protection and for the use of fire apparatus and emergency vehicles and equipment.

Laws 1959, c. 55, § 4, p. 249;

Laws 2021, LB163, § 96.
Neb. Rev. Stat. § 30-2475 — NE Code / Chapter 30 / Section 30-2475
View Statute 30-2475
Status: in_force

A person who in good faith either assists a personal representative or deals with him for value is protected as if the personal representative properly exercised his power. The fact that a person knowingly deals with a personal representative does not alone require the person to inquire into the existence of a power or the propriety of its exercise. Except for restrictions on powers of supervised personal representatives which are endorsed on letters as provided in section 30-2442 , no provision in any will or order of court purporting to limit the power of a personal representative is effective except as to persons with actual knowledge thereof. A person is not bound to see to the proper application of estate assets paid or delivered to a personal representative. The protection here expressed extends to instances in which some procedural irregularity or jurisdictional defect occurred in proceedings leading to the issuance of letters, including a case in which the alleged decedent is found to be alive. The protection here expressed is not by substitution for that provided by comparable provisions of the laws relating to commercial transactions and laws simplifying transfers of securities by fiduciaries.

Laws 1974, LB 354, § 153, UPC § 3-714.
Neb. Rev. Stat. § 44-7517 — NE Code / Chapter 44 / Section 44-7517
View Statute 44-7517
Status: in_force

Within a reasonable time after receiving a written request and after receiving payment of such reasonable charge as it may require, every insurer and advisory organization shall furnish all pertinent information to any insured affected by a rate, premium, or prospective loss cost made by the insurer or advisory organization. Upon written request, every insurer and advisory organization shall provide within this state reasonable means by which the insured aggrieved by the application of the advisory organization's or insurer's rating system may be heard, in person or by an authorized representative, to review the manner in which such rating system has been applied in connection with the insurance afforded the insured. If the insurer or advisory organization fails to act upon such request within thirty days after it is made, the applicant may proceed in the same manner as if the application had been rejected. An insured affected by the action of the insurer or advisory organization on such request may appeal to the director within thirty days after written notice of such action. The director, after a hearing held in accordance with section 44-7532 , may affirm the action of the insurer or advisory organization or order remedial action to be undertaken by the insurer or advisory organization.

Laws 2000, LB 1119, § 17.
Neb. Rev. Stat. § 23-273 — NE Code / Chapter 23 / Section 23-273
View Statute 23-273
Status: in_force

Special meetings of the county board shall be held only when requested by at least one-third of the members of the board, which request shall be in writing, addressed to the clerk of the board, and specifying the time and object of such meeting. Upon receipt of such request, the clerk shall immediately notify in writing each member of the board of the time and object of such meeting, and shall cause notice of such meeting to be published in some newspaper of the county, if any shall be published therein; Provided, no business shall be transacted at any special meeting except such as is specified in the call.

Laws 1879, § 63, p. 371;

R.S.1913, § 1065;

C.S.1922, § 967;

C.S.1929, § 26-281;

R.S.1943, § 23-273.
Neb. Rev. Stat. § 25-416 — NE Code / Chapter 25 / Section 25-416
View Statute 25-416
Status: in_force

Sections 25-413 to 25-417 shall be so construed as to effectuate their general purpose to make uniform the law of those states which enact them.

Laws 1969, c. 179, § 4, p. 770.
Neb. Rev. Stat. § 25-2136 — NE Code / Chapter 25 / Section 25-2136
View Statute 25-2136
Status: in_force

If for the purpose stated in section 25-2135 the occupant employs timber vastly superior to that required for the occasion, he will be deemed to have committed waste, and will be liable accordingly.

R.S.1867, Code § 642, p. 507;

R.S.1913, § 8253;

C.S.1922, § 9206;

C.S.1929, § 20-2138;

R.S.1943, § 25-2136.
Neb. Rev. Stat. § 25-2237 — NE Code / Chapter 24 / Section 25-2237
25-2237
Status: in_force

When it shall become the duty of the officer to take the body of any person to the jail of the county, he shall deliver to the sheriff or jailer a certified copy of the execution, commitment or other processes, whereby he holds such person in custody, and return the original to the clerk who issued the same, which copy shall be sufficient authority to the sheriff or jailer to keep the prisoner in jail until discharged by due course of law.

Laws 1929, c. 82, art. XV, § 178, p. 325;

C.S.1929, § 22-1508;

R.S.1943, § 26-1,179;

R.S.1943, (1979), § 26-1,179;

R.S.1943, (1985), § 24-5,102.
Neb. Rev. Stat. § 70-642.01 — NE Code / Chapter 70 / Section 70-642.01
View Statute 70-642.01
Status: in_force

When, by reason of disturbed or disrupted economic conditions due to the prosecution of war or due to the operation of laws, rules or regulations of governmental authorities, whether enacted, passed, promulgated or issued under or due to the emergency or necessities of war or national defense, the contracting or purchasing by the district, for any one or more of the purposes mentioned in sections 70-637 to 70-640 , is so restricted, prohibited, limited, allocated, regulated, rationed, or otherwise controlled, that the letting of contracts therefor, pursuant to the requirements of said sections, is legally or physically impossible or impractical, the provisions of said sections shall not apply to such contracts or purchases.

Laws 1943, c. 146, § 4, p. 525;

R.S.1943, § 70-642.01.
Neb. Rev. Stat. § 44-5226 — NE Code / Chapter 44 / Section 44-5226
View Statute 44-5226
Status: in_force

Actuarial certification shall mean a written statement by a member of the American Academy of Actuaries or other individual acceptable to the director that a small employer carrier is in compliance with the provisions of section 44-5258 based upon the person's examination and including a review of the appropriate records and the actuarial assumptions and methods used by the small employer carrier in establishing premium rates for applicable health benefit plans.

Laws 1994, LB 1222, § 4.
Neb. Rev. Stat. § 81-1024 — NE Code / Chapter 60 / Section 81-1024
81-1024
Status: in_force

No officer or employee of the State of Nebraska shall use any motor vehicle owned by the State of Nebraska for any personal use whatsoever. Any officer or employee who violates any of the provisions of this section shall be deemed guilty of a Class V misdemeanor, and in addition thereto the officer or employee shall be deemed guilty of official misconduct in office for palpable omission of duty, and upon conviction thereof the court shall have the power to add to the judgment that any officer or employee so convicted shall be removed from office or employment.

Laws 1941, c. 180, § 16, p. 710;

C.S.Supp.,1941, § 60-1204;

R.S.1943, § 60-1005;

Laws 1977, LB 39, § 88;

Laws 1978, LB 748, § 35;

R.S.1943, (1988), § 60-1005;

Laws 1993, LB 370, § 487.
Neb. Rev. Stat. § 25-1064.01 — NE Code / Chapter 25 / Section 25-1064.01
View Statute 25-1064.01
Status: in_force

Every order granting an injunction and every restraining order shall: (1) Set forth the reasons for its issuance; (2) be specific in terms; (3) describe in reasonable detail, and not by reference to the pleading or other document, the act or acts sought to be restrained; and (4) be binding only upon the parties to the action, their officers, agents, servants, employees, and attorneys, and those persons in active concert or participation with them who receive actual notice of the order by personal service or otherwise.

Laws 1986, LB 516, § 12;

Laws 2002, LB 876, § 21.