FrankGoortani/open-us-law huggingface dataset:
Neb. Rev. Stat. § 28-1421 — NE Code / Chapter 28 / Section 28-1421
View Statute 28-1421
Status: in_force

Licenses for the sale of cigars, tobacco, electronic nicotine delivery systems, cigarettes, and cigarette material to persons twenty-one years of age or over shall be issued to individuals, partnerships, limited liability companies, and corporations by the clerk or finance director of any city or village and by the county clerk of any county upon application duly made as provided in section 28-1422 . The sale of cigarettes or cigarette materials that contain perfumes or drugs in any form is prohibited and is not licensed by the provisions of this section. Only cigarettes and cigarette material containing pure white paper and pure tobacco shall be licensed.

Laws 1919, c. 180, § 2, p. 401;

C.S.1922, § 9850;

C.S.1929, § 28-1024;

R.S.1943, § 28-1023;

Laws 1961, c. 128, § 1, p. 379;

R.R.S.1943, § 28-1023, (1975);

Laws 1993, LB 121, § 188;

Laws 2019, LB149, § 5;

Laws 2019, LB397, § 5;

Laws 2020, LB1064, § 4.
Neb. Rev. Stat. § 23-361 — NE Code / Chapter 23 / Section 23-361
View Statute 23-361
Status: in_force

In order to provide additional means for carrying on an animal damage control program for the management and control of coyotes, bobcats, foxes, and other predatory animals destructive of sheep and cattle, county boards may levy in any year a tax of not to exceed twenty cents per head on sheep and cattle on the following conditions:

(1) That a petition to the county board requesting such levy, signed by sixty-seven percent of the owners of the sheep, the cattle, or the sheep and cattle in the county as of January 1 of each year, be filed with the board on or before July 1; and

(2) That a planned program for the management and control of such predatory animals be approved by the county board each year in which such levy is to be made. Such planned program may include entry in the animal damage control program authorized by section 23-358 or any other program approved by the board and designed to manage and control such predatory animals. The proceeds of such levy shall be placed in a separate fund and shall be applied exclusively to carrying out the program adopted. For each year in which such a levy is deemed necessary, a petition shall be presented to the county board for approval as provided in this section.

Laws 1957, c. 68, § 1, p. 292;

Laws 1972, LB 1048, § 2;

Laws 1987, LB 102, § 5.
Neb. Rev. Stat. § 64-204 — NE Code / Chapter 64 / Section 64-204
View Statute 64-204
Status: in_force

The form of a certificate of acknowledgment used by a person whose authority is recognized under section 64-201 shall be accepted in this state if:

(1) The certificate is in a form prescribed by the laws or regulations of this state;

(2) The certificate is in a form prescribed by the laws or regulations applicable in the place in which the acknowledgment is taken; or

(3) The certificate contains the words acknowledged before me, or their substantial equivalent.

Laws 1969, c. 523, § 4, p. 2141.
Neb. Rev. Stat. § 30-4413 — NE Code / Chapter 30 / Section 30-4413
View Statute 30-4413
Status: in_force

If a principal with an irrevocable advance mental health care directive consenting to inpatient treatment refuses psychotropic medication through words or actions, psychotropic medication may only be administered by or under the immediate direction of a licensed psychiatrist, and only if:

(1) The principal expressly consented to psychotropic medication in the principal's irrevocable directive;

(2) The principal's attorney in fact, if the principal has an attorney in fact, consents to psychotropic medication; and

(3) Two of the following health care professionals recommend, in writing, treatment with the specific psychotropic medication: A licensed psychiatrist, physician, physician assistant, or advanced practice registered nurse or any other health care professional licensed to diagnose illnesses and prescribe drugs for mental health care.

Laws 2020, LB247, § 13.
Neb. Rev. Stat. § 37-317 — NE Code / Chapter 37 / Section 37-317
View Statute 37-317
Status: in_force

The commission may disseminate information and promotional materials regarding the state park system and the wildlife resources of the state in order to inform the public of the outdoor recreation opportunities to be found in Nebraska.

Laws 1998, LB 922, § 75;

Laws 2020, LB287, § 5.
Neb. Rev. Stat. § 58-712 — NE Code / Chapter 58 / Section 58-712
View Statute 58-712
Status: in_force

The Department of Economic Development shall not require any new construction project or rental conversion project which receives funding from the Affordable Housing Trust Fund to meet the requirements of section 72-805 related to complying with the International Energy Conservation Code and obtaining approval of building plans and specifications by the Department of Environment and Energy.

Laws 2025, LB288, § 10.
Neb. Rev. Stat. § 71-222 — NE Code / Chapter 71 / Section 71-222
View Statute 71-222
Status: in_force

The board shall annually elect a president and vice president, and the board shall appoint a director who shall serve as secretary of the board. The board shall be furnished with suitable quarters in the State Capitol or elsewhere. It shall adopt and use a common seal for the authentication of its orders and records. The secretary of the board shall keep a record of all proceedings of the board. A majority of the board, in a meeting duly assembled, may perform and exercise all the duties and powers delegated to the board. Each member of the board shall receive a compensation of one hundred fifty dollars per diem and shall be reimbursed for expenses incurred in the discharge of such member's duties as provided in sections 81-1174 to 81-1177 , not to exceed two thousand dollars per annum. Salaries and expenses shall be paid only from the fund created by fees collected in the administration of the Barber Act, and no other funds or state money except as collected in the administration of the act shall be drawn upon to pay the expense of administration. The board shall report each year to the Governor a full statement of its receipts and expenditures and also a full statement of its work during the year, together with such recommendations as it may deem expedient. The board may employ one field inspector and such other inspectors, clerks, and assistants as it may deem necessary to carry out the act and prescribe their qualifications. No owner, agent, or employee of any barber school shall be eligible for membership on the board.

Laws 1927, c. 163, § 19, p. 435;

Laws 1933, c. 121, § 2, p. 491;

R.S.1943, § 71-222;

Laws 1957, c. 294, § 9, p. 1057;

Laws 1963, c. 409, § 25, p. 1326;

Laws 1971, LB 1020, § 26;

Laws 1972, LB 1183, § 5;

Laws 1978, LB 722, § 16;

Laws 1981, LB 204, § 113;

Laws 1993, LB 226, § 8;

Laws 2020, LB381, § 59;

Laws 2023, LB227, § 69.
Neb. Rev. Stat. § 8-148.09 — NE Code / Chapter 8 / Section 8-148.09
View Statute 8-148.09
Status: in_force

(1) Any bank may subscribe to, invest, buy, and own stock of another financial institution if the transaction is part of the merger or consolidation of the other financial institution with the acquiring bank, or the acquisition of substantially all of the assets of the other financial institution by the acquiring bank, and if:

(a) The merger, consolidation, or asset acquisition occurs on the same day as the acquisition of the shares of the other financial institution and the other financial institution will not be operated by the acquiring bank as a separate entity; and

(b) The transaction receives the prior approval of the director.

(2) Any bank may subscribe to, invest, buy, and own stock of a company controlling another financial institution if the transaction is part of (a) the merger or consolidation of the company controlling the other financial institution with the company controlling the acquiring bank, or the acquisition of substantially all of the assets of the company controlling the other financial institution by the company controlling the acquiring bank, and (b) the merger or consolidation of the other financial institution with the acquiring bank, or the acquisition of substantially all of the assets of the other financial institution by the acquiring bank, and if:

(i) The merger, consolidation, or asset acquisition occurs on the same day as the acquisition of the shares of the company controlling the other financial institution, and neither the company controlling the other financial institution nor the other financial institution will be operated by the acquiring bank as a separate entity; and

(ii) The transaction receives the prior approval of the director.

(3) Any bank that acquires stock of another financial institution or company controlling another financial institution pursuant to this section shall not be deemed to be a bank holding company for purposes of the Nebraska Bank Holding Company Act of 1995, so long as the conditions of subdivision (1)(a) or (2)(b)(i) of this section, as applicable, are satisfied.

(4) For purposes of this section, financial institution means a bank, savings bank, credit card bank, savings and loan association, digital asset depository institution, building and loan association, trust company, or credit union organized under the laws of any state or organized under the laws of the United States.

Laws 2017, LB140, § 51;

Laws 2021, LB649, § 37.
Neb. Rev. Stat. § 43-163 — NE Code / Chapter 43 / Section 43-163
View Statute 43-163
Status: in_force

(1) Before approving an agreement under section 43-162 , the court shall appoint a guardian ad litem if the prospective adoptee is not already represented by a guardian ad litem, and the guardian ad litem of the prospective adoptee shall represent the best interests of the child concerning such agreement. The court may enter an order approving the agreement upon motion of one of the prospective adoptee's birth parents or one of the prospective adoptive parents if the terms of the agreement are approved in writing by the prospective adoptive parent or parents and the birth parent or parents and if the court finds, after consideration of the recommendations of the guardian ad litem and the Department of Health and Human Services and other factors, that such communication with the birth parent or parents and the maintenance of birth family history would be in the best interests of the prospective adoptee.

(2) In determining if the agreement is in the best interests of the prospective adoptee, the court shall consider the following factors as favoring communication with the birth parent or parents: Whether the prospective adoptee and birth parent or parents lived together for a substantial period of time; the prospective adoptee exhibits attachment or bonding to such birth parent or parents; and the adoption is a foster-parent adoption with the birth parent or parents having relinquished the prospective adoptee due to an inability to provide him or her with adequate parenting.

Laws 1993, LB 205, § 9;

Laws 1996, LB 1044, § 125;

Laws 1998, LB 1041, § 18.
Neb. Rev. Stat. § 30-4025 — NE Code / Chapter 30 / Section 30-4025
View Statute 30-4025
Status: in_force

(1) An agent has authority described in sections 30-4024 to 30-4040 if the power of attorney refers to general authority with respect to the descriptive term for the subjects stated in sections 30-4027 to 30-4040 or cites the section in which the authority is described.

(2) A reference in a power of attorney to general authority with respect to the descriptive term for a subject in sections 30-4027 to 30-4040 or a citation to a section within such sections incorporates the entire section described or cited as if it were set out in full in the power of attorney.

(3) A principal may modify authority incorporated by reference.

Laws 2012, LB1113, § 25.
Neb. Rev. Stat. § 31-552 — NE Code / Chapter 31 / Section 31-552
View Statute 31-552
Status: in_force

Before exercising any of the powers contained in section 31-551 , the board of trustees of any such sanitary district shall hold a public hearing. At such public hearing it shall hear any and all persons interested with respect to:

(1) Whether the proposed transfer of property and jurisdiction will eliminate duplication and promote efficiency in the drainage in the area served by said sanitary district;

(2) Whether such natural resources district is capable of operating, maintaining, improving, financing and otherwise providing for drainage in said area; and

(3) Any other matters relating to the merits of the proposed transfer as they will affect the health and welfare of the inhabitants of the area to be served.

Notice of such public hearing of the board of trustees shall be given by publication in a newspaper of general circulation in said district at least ten days prior to such hearing.

Laws 1961, c. 140, § 2, p. 405.
Neb. Rev. Stat. § 28-522 — NE Code / Chapter 28 / Section 28-522
View Statute 28-522
Status: in_force

It is an affirmative defense to prosecution under sections 28-520 and 28-521 that:

(1) A building or occupied structure involved in an offense under section 28-520 was abandoned; or

(2) The premises were at the time open to members of the public and the actor complied with all lawful conditions imposed on access to or remaining in the premises; or

(3) The actor reasonably believed that the owner of the premises or other person empowered to license access thereto would have licensed him to enter or remain; or

(4) The actor was in the process of navigating or attempting to navigate with a nonpowered vessel any stream or river in this state and found it necessary to portage or otherwise transport the vessel around any fence or obstructions in such stream or river.

Laws 1977, LB 38, § 121.

A person entering premises open to the public has the premises and the business has not reinstated its implied consent to entry. State v. Stanko, 304 Neb. 675, 936 N.W.2d 353 (2019).

A person entering premises open to the public has the premises and the business has not reinstated its implied consent to entry. State v. Stanko, 304 Neb. 675, 936 N.W.2d 353 (2019).

A valid license from any owner or other person empowered to license access to a property is sufficient to show that a defendant reasonably believed that he or she was licensed to be on the premises. A defendant need not show that every owner licensed his or her presence. State v. McCave, 282 Neb. 500, 805 N.W.2d 290 (2011).

A valid license from any owner or other person empowered to license access to a property is sufficient to show that a defendant reasonably believed that he or she was licensed to be on the premises. A defendant need not show that every owner licensed his or her presence. State v. McCave, 282 Neb. 500, 805 N.W.2d 290 (2011).

Criminal trespass is not a lesser-included offense of burglary. State v. Miller, 215 Neb. 145, 337 N.W.2d 424 (1983).

Criminal trespass is not a lesser-included offense of burglary. State v. Miller, 215 Neb. 145, 337 N.W.2d 424 (1983).

An ownership interest is not an affirmative defense to the charge of criminal trespass. State v. Anderson, 14 Neb. App. 253, 706 N.W.2d 564 (2005).

An ownership interest is not an affirmative defense to the charge of criminal trespass. State v. Anderson, 14 Neb. App. 253, 706 N.W.2d 564 (2005).
Neb. Rev. Stat. § 19-3323 — NE Code / Chapter 19 / Section 19-3323
View Statute 19-3323
Status: in_force

If the proceedings for the creation of an original offstreet parking district or for an offstreet parking district under which the boundaries have been changed, are terminated by a protest to the city council, a proceeding under the Offstreet Parking District Act for the same or substantially the same acquisition and improvement shall not be commenced within one year thereafter, except on petitions signed by owners of the record title representing a majority of the total land area in the district.

Laws 1967, c. 60, § 23, p. 208;

R.S.Supp.,1967, § 16-834;

Laws 1969, c. 88, § 23, p. 449;

Laws 2019, LB193, § 202.
Neb. Rev. Stat. § 16-1023 — NE Code / Chapter 16 / Section 16-1023
View Statute 16-1023
Status: in_force

(1) Commencing on January 1, 1984, each city of the first class having a paid fire department shall keep and maintain a Firefighters Retirement System Fund for the purpose of investing payroll deductions and city contributions to the retirement system. The fund shall be maintained separate and apart from all city money and funds. The fund shall be administered exclusively for the purposes of the retirement system and for the benefit of participating firefighters and their beneficiaries and so as to establish the fund as a trust under the law of this state for all purposes of section 401(a) of the Internal Revenue Code. Upon the passage of sections 16-1020 to 16-1038 all of the contributions made by a firefighter under section 35-203.01 as it formerly existed and interest accrued at five percent per annum on such contributions prior to January 1, 1984, shall be transferred to the firefighter's employee account. Regular interest shall begin to accrue on the contributions transferred into the fund. Such funds shall be invested in the manner prescribed in section 16-1036 .

(2) The city shall establish a medium for funding the retirement system which, with the approval of the retirement committee, may be a pension trust fund, custodial account, group annuity contract, or combination thereof, for the purpose of investing money for the retirement system in the manner prescribed by section 16-1036 and to provide the retirement, death, and disability benefits for firefighters granted by the Cities of the First Class Firefighters Retirement Act. The trustee or custodian of any trust fund shall be a designated funding agent which is qualified to act as a fiduciary or custodian in this state, the city treasurer, an appropriate city officer authorized to administer funds of the city, or a combination thereof.

Laws 1983, LB 531, § 4;

Laws 1993, LB 724, § 2;

Laws 1995, LB 574, § 22;

Laws 2024, LB686, § 3.
Neb. Rev. Stat. § 69-2448 — NE Code / Chapter 69 / Section 69-2448
View Statute 69-2448
Status: in_force

A valid license or permit to carry a concealed handgun issued by any other state or the District of Columbia shall be recognized as valid in this state under the Concealed Handgun Permit Act if (1) the holder of the license or permit is not a resident of Nebraska and (2) the Attorney General has determined that the standards for issuance of such license or permit by such state or the District of Columbia are equal to or greater than the standards imposed by the act. The Attorney General shall maintain and publish a list of such states and the District of Columbia which he or she has determined have standards equal to or greater than the standards imposed by the act.

Laws 2009, LB430, § 13.
Neb. Rev. Stat. § 21-254 — NE Code / Chapter 21 / Section 21-254
View Statute 21-254
Status: in_force

(MBCA 7.02) (a) A corporation shall hold a special meeting of shareholders:

(1) On call of its board of directors or the person or persons authorized to do so by the articles of incorporation or bylaws; or

(2) If shareholders holding at least ten percent of all the votes entitled to be cast on an issue proposed to be considered at the proposed special meeting sign, date, and deliver to the corporation one or more written demands for the meeting describing the purpose or purposes for which it is to be held, except that the articles of incorporation may fix a lower percentage or a higher percentage not exceeding twenty-five percent of all the votes entitled to be cast on any issue proposed to be considered. Unless otherwise provided in the articles of incorporation, a written demand for a special meeting may be revoked by a writing to that effect received by the corporation prior to the receipt by the corporation of demands sufficient in number to require the holding of a special meeting.

(b) If not otherwise fixed under section 21-255 or 21-259 , the record date for determining shareholders entitled to demand a special meeting is the date the first shareholder signs the demand.

(c) Special shareholders' meetings may be held in or out of this state at the place stated in or fixed in accordance with the bylaws. If no place is stated or fixed in accordance with the bylaws, special meetings shall be held at the corporation's principal office.

(d) Only business within the purpose or purposes described in the meeting notice required by subsection (c) of section 21-257 may be conducted at a special shareholders' meeting.

Laws 2014, LB749, § 54;

Laws 2017, LB35, § 5.
Neb. Rev. Stat. § 70-1808 — NE Code / Chapter 70 / Section 70-1808
View Statute 70-1808
Status: in_force

Mandated project costs means capital costs incurred or to be incurred by a public entity with respect to a mandated project, including the payment of debt service on mandated project bonds, either directly or through a power participation or purchase agreement, and any related operating expenses.

Laws 2006, LB 548, § 8.
Neb. Rev. Stat. § 16-1020 — NE Code / Chapter 16 / Section 16-1020
View Statute 16-1020
Status: in_force

(1) Sections 16-1020 to 16-1042 shall be known and may be cited as the Cities of the First Class Firefighters Retirement Act.

(2) Except as provided in section 16-1039 , sections 16-1020 to 16-1038 shall apply to all firefighters of a city of the first class.

Laws 1983, LB 531, § 1;

Laws 2024, LB686, § 1.
Neb. Rev. Stat. § 13-1505 — NE Code / Chapter 13 / Section 13-1505
View Statute 13-1505
Status: in_force

Within ten days after being signed by the parties, a copy of the agreement shall be filed with:

(1) The area office of the Bureau of Indian Affairs of the United States Department of the Interior having trust responsibility for each tribe the governing body of which is a party to the agreement or its successor agency;

(2) The county clerk of each county where one of the parties to the agreement is located, except that a copy shall not be required to be filed in Lancaster County if an agency or department of the state is a party to the agreement unless another party is located in such county;

(3) The Secretary of State; and

(4) Any affected tribal government.

Laws 1989, LB 508, § 5.
Neb. Rev. Stat. § 37-1232 — NE Code / Chapter 37 / Section 37-1232
View Statute 37-1232
Status: in_force

Every vessel in all weather from sunset to sunrise shall carry and exhibit the lights prescribed by sections 37-1233 to 37-1238 when underway, and during such time no other lights which may be mistaken for those prescribed shall be exhibited.

Laws 1978, LB 21, § 32.
Neb. Rev. Stat. § 21-2953 — NE Code / Chapter 21 / Section 21-2953
View Statute 21-2953
Status: in_force

(1) A limited cooperative association shall have a board of directors consisting of three or more directors as set forth in the articles of organization or bylaws unless the number of members is less than three. If there are fewer than three members, the number of directors shall not be less than the number of members in the limited cooperative association.

(2) The affairs of the limited cooperative association shall be managed by, or under the direction of, the board of directors. The board of directors may adopt policies and procedures that are not in conflict with the articles of organization, the bylaws, and the Nebraska Limited Cooperative Association Act.

(3) A director does not have agency authority on behalf of the limited cooperative association solely by being a director.

Laws 2007, LB368, § 53;

Laws 2008, LB848, § 14.
Neb. Rev. Stat. § 38-2001 — NE Code / Chapter 38 / Section 38-2001
View Statute 38-2001
Status: in_force

Sections 38-2001 to 38-2064 shall be known and may be cited as the Medicine and Surgery Practice Act.

Laws 2007, LB463, § 659;

Laws 2009, LB394, § 1;

Laws 2011, LB406, § 1;

Laws 2018, LB701, § 5;

Laws 2019, LB29, § 3;

Laws 2020, LB755, § 3;

Laws 2022, LB905, § 8;

Laws 2024, LB1215, § 11.