FrankGoortani/open-us-law huggingface dataset:
Neb. Rev. Stat. § 37-1713 — NE Code / Chapter 37 / Section 37-1713
View Statute 37-1713
Status: in_force

Proposal means an offer in response to a request for proposals (1) by a design-builder to enter into a design-build contract or (2) by a construction manager to enter into a construction manager-general contractor contract.

Laws 2018, LB775, § 14.
Neb. Rev. Stat. § 39-307 — NE Code / Chapter 39 / Section 39-307
View Statute 39-307
Status: in_force

Any person who builds a barbed wire fence across or in any plain traveled road or track in common use, either public or private, without first putting up sufficient guards to prevent either human or beast from running into the fence shall be guilty of a Class V misdemeanor and shall be liable for all damages that may accrue to the party damaged by reason of such barbed wire fence.

Laws 1885, c. 77, §§ 1, 2, p. 317;

R.S.1913, § 3031;

C.S.1922, § 2782;

C.S.1929, § 39-1017;

R.S.1943, § 39-705;

R.S.1943, (1988), § 39-705;

Laws 1993, LB 370, § 31.

Obstruction of road by barbed wire fence is negligence and renders person placing it there liable for injury, in absence of contributory negligence. Vanderveer v. Moran, 79 Neb. 431, 112 N.W. 581 (1907).

Obstruction of road by barbed wire fence is negligence and renders person placing it there liable for injury, in absence of contributory negligence. Vanderveer v. Moran, 79 Neb. 431, 112 N.W. 581 (1907).

Information for violation of section must allege that road was in common use. Gilbert v. State, 78 Neb. 636, 111 N.W. 377 (1907).

Information for violation of section must allege that road was in common use. Gilbert v. State, 78 Neb. 636, 111 N.W. 377 (1907).

Liability for injury to stock by fence in road is discussed. Floaten v. Ferrell, 24 Neb. 347, 38 N.W. 732 (1888).

Liability for injury to stock by fence in road is discussed. Floaten v. Ferrell, 24 Neb. 347, 38 N.W. 732 (1888).
Neb. Rev. Stat. § 58-247 — NE Code / Chapter 58 / Section 58-247
View Statute 58-247
Status: in_force

Prior to exercising any of the powers conferred by the Nebraska Investment Finance Authority Act regarding housing projects as defined in subdivision (1) of section 58-219 , the authority may:

(1) Require that the mortgage or mortgage loan involved be insured by a mortgage insurer;

(2) Require any type of security that it deems reasonable and necessary; or

(3) Authorize the reservation of funds by mortgage lenders in such amount and subject to such conditions as the authority considers reasonable and necessary under the act.

Laws 1983, LB 626, § 47;

Laws 1991, LB 253, § 48.
Neb. Rev. Stat. § 44-1543 — NE Code / Chapter 44 / Section 44-1543
View Statute 44-1543
Status: in_force

Any insurer who violates a cease and desist order of the director under section 44-1542 may after notice and hearing and upon order of the director be subject to:

(1) A monetary penalty of not more than thirty thousand dollars for each violation, not to exceed an aggregate penalty of one hundred fifty thousand dollars; and

(2) Suspension or revocation of the insurer's license or certificate of authority.

Laws 1991, LB 234, § 25.
Neb. Rev. Stat. § 46-205 — NE Code / Chapter 46 / Section 46-205
View Statute 46-205
Status: in_force

The priority of an appropriation shall date from the filing of the application with the Chief Water Officer of the Department of Water, Energy, and Environment.

Laws 1895, c. 69, § 31, p. 254;

R.S.1913, § 3373;

Laws 1919, c. 190, tit. VII, art. V, div. 1, § 5, p. 832;

C.S.1922, § 8410;

C.S.1929, § 46-505;

R.S.1943, § 46-205;

Laws 2000, LB 900, § 94;

Laws 2025, LB317, § 70.
Neb. Rev. Stat. § 30-3515 — NE Code / Chapter 30 / Section 30-3515
View Statute 30-3515
Status: in_force

Except as otherwise provided in the instrument creating the custodial trust, in an agreement with the beneficiary, or by court order, a custodial trustee:

(1) Is entitled to reimbursement from custodial trust property for reasonable expenses incurred in the performance of fiduciary services;

(2) Has a noncumulative election, to be made no later than three months after the end of each calendar year, to charge a reasonable compensation for fiduciary services performed during that year; and

(3) Need not furnish a bond or other security for the faithful performance of fiduciary duties.

Laws 1997, LB 51, § 15.
Neb. Rev. Stat. § 58-848 — NE Code / Chapter 58 / Section 58-848
View Statute 58-848
Status: in_force

Except for projects financed or refinanced pursuant to sections 58-844 and 58-845 , the authority shall fix, revise, charge, and collect rents or loan payments for the use of or payment for each project and contract with any eligible institution in respect thereof. Each lease or loan agreement entered into by the authority with an eligible institution shall provide that the rents or loan payments payable by the eligible institution shall be sufficient at all times (1) to pay the eligible institution's share of the administrative costs and expenses of the authority, (2) to pay the authority's cost, if any, of maintaining, repairing, and operating the project and each and every portion thereof, (3) to pay the principal of, the premium, if any, and the interest on outstanding bonds of the authority issued with respect to such project as the same shall become due and payable, and (4) to create and maintain reserves which may be provided for in the resolution or trust indenture relating to such bonds of the authority.

With respect to projects financed pursuant to sections 58-844 and 58-845 , the authority shall require the eligible institution involved to enter into loan or other financing agreements obligating such eligible institution to make payments sufficient to accomplish the purposes described in this section.

Laws 1981, LB 321, § 45;

R.S.1943, (1994), § 79-2945;

Laws 1995, LB 5, § 45;

R.S.1943, (2008), § 85-1745;

Laws 2013, LB170, § 48.
Neb. Rev. Stat. § 30-707 — NE Code / Chapter 30 / Section 30-707
View Statute 30-707
Status: in_force

Any proceeding involving a guardianship, conservatorship, power of attorney for health care decisions, or power of attorney granted by the resident may continue in the trial court while an appeal is pending from an order granted under sections 30-701 to 30-713 .

Laws 2018, LB845, § 7.
Neb. Rev. Stat. § 25-3005 — NE Code / Chapter 25 / Section 25-3005
View Statute 25-3005
Status: in_force

It is the intent of the Legislature to expand the capacity to provide civil legal services to eligible low-income persons equally throughout the state.

Laws 2006, LB 746, § 1.
Neb. Rev. Stat. § 57-922 — NE Code / Chapter 57 / Section 57-922
View Statute 57-922
Status: in_force

There is hereby created in the state treasury a special fund to be known as the Oil and Gas Conservation Trust Fund. All sums of money received by the Nebraska Oil and Gas Conservation Commission, in a manner other than as provided in sections 57-901 to 57-921 , shall be paid into the state treasury and the State Treasurer shall deposit the money in the Oil and Gas Conservation Trust Fund. The State Treasurer shall disburse the money in the trust fund as directed by resolution of the Nebraska Oil and Gas Conservation Commission. All disbursements for the fund shall be made upon warrants drawn by the Director of Administrative Services. 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.

Laws 1973, LB 119, § 1;

Laws 2016, LB1082, § 16.

Nebraska Capital Expansion Act, see section 72-1269 .

Nebraska State Funds Investment Act, see section 72-1260 .
Neb. Rev. Stat. § 38-2861 — NE Code / Chapter 71 / Section 38-2861
38-2861
Status: in_force

Before granting any temporary educational permit, the department shall ascertain by evidence satisfactory to the department, with the recommendation of the board, that an accredited hospital or clinic or an accredited school or college of pharmacy in the State of Nebraska has requested the issuance of a temporary educational permit for an applicant to serve as a graduate student in its approved program for the period involved. Any application for the issuance of such permit shall be signed by the applicant requesting that such permit be issued to him or her and shall designate the specified approved graduate pharmacy educational program with respect to which such permit shall apply.

Laws 1978, LB 675, § 12;

Laws 1996, LB 1044, § 462;

R.S.1943, (2003), § 71-1,147.28;

Laws 2007, LB296, § 347;

Laws 2007, LB463, § 957.
Neb. Rev. Stat. § 53-123.09 — NE Code / Chapter 53 / Section 53-123.09
View Statute 53-123.09
Status: in_force

(1) It shall be unlawful for any beer wholesaler to deliver beer to any retail licensee located outside the geographic territory designated on the beer wholesaler's license.

(2) If any person violates subsection (1) of this section, such person's license shall be suspended or revoked by the commission in the manner provided by the Nebraska Liquor Control Act.

Laws 1976, LB 204, § 2;

Laws 1991, LB 344, § 22.
Neb. Rev. Stat. § 38-2115 — NE Code / Chapter 71 / Section 38-2115
38-2115
Status: in_force

(1) Mental health practice means the provision of treatment, assessment, psychotherapy, counseling, or equivalent activities to individuals, couples, families, or groups for behavioral, cognitive, social, mental, or emotional disorders, including interpersonal or personal situations.

(2) Mental health practice does not include:

(a) The practice of psychology or medicine;

(b) Prescribing drugs or electroconvulsive therapy;

(c) Treating physical disease, injury, or deformity;

(d) Diagnosing major mental illness or disorder except in consultation with a qualified physician, a psychologist licensed to engage in the practice of psychology in this state as provided in section 38-3111 or as provided in similar provisions of the Psychology Interjurisdictional Compact, a licensed independent mental health practitioner, or a professional counselor holding a privilege to practice in Nebraska under the Licensed Professional Counselors Interstate Compact;

(e) Measuring personality or intelligence for the purpose of diagnosis or treatment planning;

(f) Using psychotherapy with individuals suspected of having major mental or emotional disorders except in consultation with a qualified physician, a licensed psychologist, or a licensed independent mental health practitioner; or

(g) Using psychotherapy to treat the concomitants of organic illness except in consultation with a qualified physician or licensed psychologist.

(3) Mental health practice includes the initial assessment of organic mental or emotional disorders for the purpose of referral or consultation.

(4) Nothing in sections 38-2114 , 38-2118 , and 38-2119 shall be deemed to constitute authorization to engage in activities beyond those described in this section. Persons who are certified under the Mental Health Practice Act but who do not hold a license under section 38-2122 or a privilege to practice in Nebraska as a professional counselor under the Licensed Professional Counselors Interstate Compact shall not engage in mental health practice.

Laws 1993, LB 669, § 26;

Laws 1994, LB 1210, § 96;

R.S.1943, (2003), § 71-1,307;

Laws 2007, LB247, § 40;

Laws 2007, LB463, § 733;

Laws 2008, LB1108, § 2;

Laws 2018, LB1034, § 34;

Laws 2022, LB752, § 12.

Licensed Professional Counselors Interstate Compact, see section 38-4201 .

Psychology Interjurisdictional Compact, see section 38-3901 .
Neb. Rev. Stat. § 2-2808 — NE Code / Chapter 2 / Section 2-2808
View Statute 2-2808
Status: in_force

The general purposes of the Nebraska Crop Improvement Association are (1) to carry on all activities incident to the certification of crop seeds as authorized by the University of Nebraska Institute of Agriculture and Natural Resources under rules and regulations approved by such college, (2) to maintain and make available to the public, through certification, high quality seeds of superior crop varieties so grown and distributed as to ensure genetic identity and genetic purity, (3) to publicize, advertise, and otherwise promote the merits and use of certified seed, and (4) to carry on educational work for improving the agronomic practices and furthering agricultural interests in the state.

Laws 1969, c. 2, § 8, p. 64.
Neb. Rev. Stat. § 31-409 — NE Code / Chapter 31 / Section 31-409
View Statute 31-409
Status: in_force

A majority of the directors shall be residents of the county or counties in which the district is located. Except as provided in section 31-409.03 , any person or the officer or representative of any corporation owning or controlling any land assessed for benefits may be a director. The person elected a director receiving the least number of votes shall hold office for one year, the next higher for two years, and so on, and the term of each shall be adjusted so as to make the term of one director expire each year. The officers, consisting of a president, a treasurer, and a secretary, shall be chosen by the directors from their own number and for a term of one year. Unless the directors choose by February fifteenth of a given year to use the procedures provided in section 31-409.01 , annual elections of directors shall be held on the second Tuesday of April each year, at the county courthouse or at such other place designated by the board pursuant to section 31-409.03 . The annual election shall be omitted if such date occurs less than nine months after the first election. Vacancies in the office of directors may be filled by the remaining directors until the next election. All directors and officers shall hold office until their successors are elected and qualified.

Laws 1907, c. 153, § 9, p. 478;

R.S.1913, § 1874;

Laws 1921, c. 275, § 1, p. 905;

C.S.1922, § 1821;

C.S.1929, § 31-509;

R.S.1943, § 31-409;

Laws 1951, c. 96, § 2, p. 265;

Laws 1983, LB 191, § 1;

Laws 1988, LB 1078, § 1;

Laws 2011, LB342, § 1.

Remaining duly elected and qualified directors may fill vacancy by appointment of director who fails to qualify. Chicago & N. W. Ry. Co. v. Payne Creek Drainage Dist., 148 Neb. 139, 26 N.W.2d 607 (1947).

Remaining duly elected and qualified directors may fill vacancy by appointment of director who fails to qualify. Chicago & N. W. Ry. Co. v. Payne Creek Drainage Dist., 148 Neb. 139, 26 N.W.2d 607 (1947).
Neb. Rev. Stat. § 21-2948 — NE Code / Chapter 21 / Section 21-2948
View Statute 21-2948
Status: in_force

(1) An investor member or transferee may grant a security interest in financial rights in a limited cooperative association, but not in the governance rights in such association.

(2) A patron member shall not grant a security interest in financial rights or governance rights in a limited cooperative association.

(3) The granting of a security interest in financial rights is not considered a transfer for purposes of section 21-2947 . Upon foreclosure of a security interest in financial rights a person obtaining the financial rights shall only obtain financial rights subject to the security interest and shall not obtain any governance rights or other rights with respect to the limited cooperative association.

(4) The limitation of this section to financial rights shall not apply in the case of a member interest that is not subject to a restriction or prohibition on transfer under the articles of organization or bylaws.

Laws 2007, LB368, § 48.
Neb. Rev. Stat. § 45-617 — NE Code / Chapter 45 / Section 45-617
View Statute 45-617
Status: in_force

Pending final determination of an appeal as provided in section 45-616 , the holder of a license or the holder of a solicitor's certificate shall be permitted to do business as a collection agency or as a collection agency solicitor the same as though such license or certificate was in full force and effect.

Laws 1963, c. 500, § 21, p. 1602;

R.S.1943, (1981), § 81-8,178;

Laws 1984, LB 471, § 17.
Neb. Rev. Stat. § 38-139 — NE Code / Chapter 38 / Section 38-139
View Statute 38-139
Status: in_force

The department may request the State Fire Marshal to inspect any business credentialed or applying for a credential under the Uniform Credentialing Act for fire safety pursuant to section 81-502 . The State Fire Marshal shall assess a fee for such inspection pursuant to section 81-505.01 payable by such business. The State Fire Marshal may delegate such authority to make such inspections to qualified local fire prevention personnel pursuant to section 81-502 .

Laws 2007, LB463, § 39.
Neb. Rev. Stat. § 55-402 — NE Code / Chapter 55 / Section 55-402
View Statute 55-402
Status: in_force

As used in the Nebraska Code of Military Justice, unless the context otherwise requires:

(1) Military forces shall mean the National Guard, also called the Nebraska National Guard and also hereinafter referred to as the Army National Guard and Air National Guard, and in addition thereto, the militia when called into active service of this state;

(2) Officer shall mean a commissioned officer including a commissioned warrant officer;

(3) Superior officer shall mean an officer superior in rank or command;

(4) Enlisted person shall mean any person who is serving in an enlisted grade in any military force;

(5) Accuser shall mean a person who signs and swears to charges, to any person who directs that charges nominally be signed and sworn by another, and to any other person who has an interest other than an official interest in prosecution of the accused;

(6) Military judge shall mean an official of court-martial detailed in accordance with section 55-422 ; and

(7) Code shall mean the Nebraska Code of Military Justice.

Laws 1969, c. 458, § 2, p. 1553;

Laws 2016, LB754, § 8.
Neb. Rev. Stat. § 59-1613 — NE Code / Chapter 59 / Section 59-1613
View Statute 59-1613
Status: in_force

A final judgment or decree rendered in any action brought under section 59-1608 by the state to the effect that a defendant has violated sections 59-1602 to 59-1606 shall be prima facie evidence against such defendant in any action brought by any party against such defendant under section 59-1609 as to all matters as to which such judgment or decree would be an estoppel as between the parties thereto; Provided, that this section shall not apply to consent judgments or decrees when the court makes no finding of illegality.

Laws 1974, LB 1028, § 20.
Neb. Rev. Stat. § 23-3597 — NE Code / Chapter 23 / Section 23-3597
23-3597
Status: in_force

Prior to constructing any structure which is to be utilized as a hospital or as a nursing home, as opposed to structures related thereto, the question of constructing such structure shall be submitted to the appropriate local or area health planning agency for its consideration and review if there has been created, pursuant to state or federal law, such a local or area health planning agency having jurisdiction within the area in which the proposed structure is to be constructed. Such local or area health planning agency shall within sixty days render its findings and recommendations, if any, and shall be deemed to have approved construction of the proposed structure if its findings and recommendations have not been rendered within such period of sixty days. The provisions of this section shall not apply to the purchase or other acquisition by an authority of any interest in any existing structure which is to be utilized as a hospital if such structure has been in existence for more than one year.

Laws 1971, LB 54, § 22;

Laws 1972, LB 1382, § 3;

Laws 1986, LB 733, § 3;

R.S.1943, (1987), § 23-343.95.
Neb. Rev. Stat. § 3-203 — NE Code / Chapter 3 / Section 3-203
View Statute 3-203
Status: in_force

Property needed by a municipality for an airport or restricted landing area, for the enlargement of either, or for other airport purposes may be acquired by purchase, gift, devise, lease, or other means, if such municipality is able to agree with the owners of the property on the terms of such acquisition, and otherwise by condemnation. Full power to exercise the right of eminent domain for such purposes is hereby granted every municipality both within and without its territorial limits. For all property which is to be acquired by a city of the metropolitan class outside of its zoning jurisdiction, approval must be obtained from the county board of the county where the property is located before the right of eminent domain may be exercised. The procedure to condemn property shall be exercised in the manner set forth in sections 76-704 to 76-724 . The title to real property so acquired shall be in fee simple, absolute, and unqualified in any way. The fact that the property needed has been acquired by the owner under power of eminent domain shall not prevent its acquisition by the municipality by the exercise of the right of eminent domain herein conferred. It shall not be precluded from abandoning the condemnation of any such property in any case where possession thereof has not been taken.

Laws 1945, c. 34, § 2(2), p. 157;

Laws 1947, c. 7, § 1, p. 69;

Laws 1951, c. 101, § 27, p. 458;

Laws 1981, LB 354, § 1.

For acquisition of aviation fields by cities and villages through eminent domain, see section 18-1501 .

Where but one municipality is involved and charter thereof prescribes procedure for condemnation, that procedure must be followed. Spencer v. Village of Wallace, 153 Neb. 536, 45 N.W.2d 473 (1951).

Where but one municipality is involved and charter thereof prescribes procedure for condemnation, that procedure must be followed. Spencer v. Village of Wallace, 153 Neb. 536, 45 N.W.2d 473 (1951).
Neb. Rev. Stat. § 54-188 — NE Code / Chapter 54 / Section 54-188
View Statute 54-188
Status: in_force

Registered feedlot means a feedlot registered under section 54-1,120 .

Laws 1999, LB 778, § 19.
Neb. Rev. Stat. § 29-2923 — NE Code / Chapter 29 / Section 29-2923
View Statute 29-2923
Status: in_force

For purposes of the Convicted Sex Offender Act:

(1) Aftercare treatment program shall mean any public or private facility or service which offers treatment on an outpatient basis or in a minimally restricted setting, which treatment is appropriate for a convicted sex offender after he or she has successfully completed an inpatient treatment program operated by the Department of Health and Human Services; and

(2) Convicted sex offender shall mean a person who is convicted of sexual assault in the first degree as provided in section 28-319 , sexual assault in the second degree as provided in section 28-320 , sexual assault of a child in the second or third degree as provided in section 28-320.01 , sexual assault of a child in the first degree as provided in section 28-319.01 , incest as provided in section 28-703 , or attempt to commit sexual assault in the first degree pursuant to section 28-201 and sentenced to a term of imprisonment in a Department of Correctional Services adult correctional facility.

Laws 1992, LB 523, § 2;

Laws 1996, LB 1044, § 78;

Laws 2006, LB 1199, § 16.
Neb. Rev. Stat. § 53-117.05 — NE Code / Chapter 53 / Section 53-117.05
View Statute 53-117.05
Status: in_force

The commission shall provide without charge to any person licensed under the Nebraska Liquor Control Act a set of rules and regulations adopted and promulgated by the commission, a copy of the Nebraska Liquor Control Act, and any other information which the commission deems important in the area of liquor control in the State of Nebraska. The information may be printed in a booklet, a pamphlet, or any other form the commission may determine to be appropriate. The commission may update such material as often as it deems necessary. The commission may provide such material to any other person upon request and may charge a fee for the material. The fee shall be reasonable and shall not exceed any reasonable or necessary costs of producing the material for distribution.

Laws 1989, LB 70, § 3;

Laws 1989, LB 781, § 17;

Laws 1991, LB 202, § 1;

Laws 1993, LB 183, § 6.