FrankGoortani/open-us-law huggingface dataset:
Neb. Rev. Stat. § 48-175 — NE Code / Chapter 48 / Section 48-175
View Statute 48-175
Status: in_force

(1) Whenever the post office address of the defendant is known or may be ascertained by the officer or person charged with the duty of serving the same, such summons may be served by such officer or person by certified mail.

(2) In the event the party to be served, in accordance with subsection (1) of this section, is a corporation, a partnership, or a limited liability company, a certified copy of the summons shall be directed to the proper officer, agent, or member of such organization who is authorized by law to accept service of process.

(3) The officer in making his or her return of all processes served, in accordance with subsection (1) or (2) of this section, shall append to and file with the original return the return receipt as herein set forth. Any judge of the Nebraska Workers' Compensation Court may serve or cause to be served such summons by certified mail as provided in this section.

Laws 1935, c. 57, § 13, p. 192;

C.S.Supp.,1941, § 48-174;

R.S.1943, § 48-175;

Laws 1953, c. 163, § 2, p. 513;

Laws 1957, c. 242, § 41, p. 853;

Laws 1983, LB 447, § 69;

Laws 1986, LB 811, § 107;

Laws 1993, LB 121, § 285.

Where on appeal there was timely service in fact of petition on adverse party and no prejudice resulted from the use of regular mail instead of certified or registered mail, motion to dismiss was properly overruled. Bourn v. James, 191 Neb. 635, 216 N.W.2d 739 (1974).

Where on appeal there was timely service in fact of petition on adverse party and no prejudice resulted from the use of regular mail instead of certified or registered mail, motion to dismiss was properly overruled. Bourn v. James, 191 Neb. 635, 216 N.W.2d 739 (1974).

Certified copy of summons must be served. Clark v. Village of Hemingford, 147 Neb. 1044, 26 N.W.2d 15 (1947).

Certified copy of summons must be served. Clark v. Village of Hemingford, 147 Neb. 1044, 26 N.W.2d 15 (1947).

Voluntary appearance entered by Attorney General in compensation case does not waive immunity of state from suit. Anstine v. State, 137 Neb. 148, 288 N.W. 525 (1939).

Voluntary appearance entered by Attorney General in compensation case does not waive immunity of state from suit. Anstine v. State, 137 Neb. 148, 288 N.W. 525 (1939).
Neb. Rev. Stat. § 19-419 — NE Code / Chapter 19 / Section 19-419
View Statute 19-419
Status: in_force

The mayor and city council members in a city under the commission plan of government shall maintain offices at the city hall, and the mayor shall regularly investigate all public affairs concerning the interest of the city and investigate and ascertain the efficiency and manner in which all departments of the city government are being conducted. The mayor shall recommend to the city council all such matters as in his or her judgment should receive the investigation, consideration, or action of the city council.

Laws 1911, c. 24, § 16, p. 163;

R.S.1913, § 5303;

C.S.1922, § 4526;

C.S.1929, § 19-416;

R.S.1943, § 19-419;

Laws 1979, LB 80, § 47;

Laws 2019, LB193, § 24.
Neb. Rev. Stat. § 21-508 — NE Code / Chapter 21 / Section 21-508
View Statute 21-508
Status: in_force

(a) Except as otherwise provided in subsection (b) of this section and section 21-507 , the following rules apply in applying section 21-506 , subsections (c) and (f) of section 21-518 , subdivision (4)(A) of section 21-524 , subsection (a) of section 21-525 , and subdivision (2) of section 21-526 :

(1) A protected series of a series limited liability company is deemed to be a limited liability company that is formed separately from the series limited liability company and is distinct from the series limited liability company and any other protected series of the series limited liability company.

(2) An associated member of the protected series is deemed to be a member of the company deemed to exist under subdivision (a)(1) of this section.

(3) A protected-series transferee of the protected series is deemed to be a transferee of the company deemed to exist under subdivision (a)(1) of this section.

(4) A protected-series transferable interest of the protected series is deemed to be a transferable interest of the company deemed to exist under subdivision (a)(1) of this section.

(5) A protected-series manager is deemed to be a manager of the company deemed to exist under subdivision (a)(1) of this section.

(6) An asset of the protected series is deemed to be an asset of the company deemed to exist under subdivision (a)(1) of this section, whether or not the asset is an associated asset of the protected series.

(7) Any creditor or other obligee of the protected series is deemed to be a creditor or obligee of the company deemed to exist under subdivision (a)(1) of this section.

(b) Subsection (a) of this section does not apply if its application would:

(1) contravene section 21-110 ; or

(2) authorize or require the Secretary of State to:

(A) accept for filing a type of record that neither the Nebraska Uniform Protected Series Act nor the Nebraska Uniform Limited Liability Company Act authorizes or requires a person to deliver to the Secretary of State for filing; or

(B) make or deliver a record that neither the Nebraska Uniform Protected Series Act nor the Nebraska Uniform Limited Liability Company Act authorizes or requires the Secretary of State to make or deliver.

Laws 2018, LB1121, § 9.

Nebraska Uniform Limited Liability Company Act, see section 21-101 .
Neb. Rev. Stat. § 28-476 — NE Code / Chapter 28 / Section 28-476
View Statute 28-476
Status: in_force

(1) No person shall carry or transport hemp in this state unless such hemp is:

(a) Produced in compliance with the requirements of the Agriculture Improvement Act of 2018, as such act is defined in section 2-503 ; and

(b) Carried or transported as provided in section 2-515 .

(2)(a) A peace officer may detain any person carrying or transporting hemp in this state if such person does not provide the documentation required by this section and section 2-515 . Unless the peace officer has probable cause to believe the hemp is, or is being carried or transported with, marijuana or any other controlled substance, the peace officer shall immediately release the hemp and the person carrying or transporting such hemp upon production of such documentation.

(b) The failure of a person detained as described in this subsection to produce documentation required by this section shall constitute probable cause to believe the hemp may be marijuana or another controlled substance. In such case, a peace officer may collect such hemp for testing to determine the delta-9 tetrahydrocannabinol concentration in the hemp, and, if the peace officer has probable cause to believe the person detained is carrying or transporting marijuana or any other controlled substance in violation of state or federal law, the peace officer may seize and impound the hemp or marijuana or other controlled substance and arrest such person.

(c) This subsection does not limit or restrict in any way the power of a peace officer to enforce violations of the Uniform Controlled Substances Act and federal law regulating marijuana and other controlled substances.

(3) In addition to any other penalties provided by law, any person who intentionally violates this section shall be guilty of a Class IV misdemeanor and fined not more than one thousand dollars.

Laws 2020, LB1152, § 16;

Laws 2024, LB262, § 22.

Nebraska Hemp Farming Act, see section 2-501 .
Neb. Rev. Stat. § 68-314 — NE Code / Chapter 68 / Section 68-314
View Statute 68-314
Status: in_force

Any person who knowingly violates the provisions of section 68-313 shall be deemed guilty of a Class III misdemeanor.

Laws 1941, c. 174, § 3, p. 684;

C.S.Supp.,1941, § 68-340;

R.S.1943, § 68-314;

Laws 1977, LB 39, § 126.
Neb. Rev. Stat. § 32-511 — NE Code / Chapter 32 / Section 32-511
View Statute 32-511
Status: in_force

The State of Nebraska is divided into eight districts for the election of the State Board of Education as provided and described in sections 79-311 and 79-312 . One member from district number one, one member from district number two, one member from district number three, and one member from district number four shall be elected at the statewide general election in 1996 and each four years thereafter. One member from district number five, one member from district number six, one member from district number seven, and one member from district number eight shall be elected at the statewide general election in 1994 and each four years thereafter. The members shall serve for terms of four years or until their successors are elected and qualified. Candidates for the State Board of Education shall meet the qualifications found in section 79-313 . The members shall be elected on the nonpartisan ballot.

Laws 1994, LB 76, § 107;

Laws 1996, LB 900, § 1038;

Laws 2001, LB 856, § 1.
Neb. Rev. Stat. § 28-1429.05 — NE Code / Chapter 28 / Section 28-1429.05
View Statute 28-1429.05
Status: in_force

(1) A person shall not, by delivery sale, sell, give, or furnish to any consumer in this state any electronic nicotine delivery system. A violation of this subsection is a Class I misdemeanor.

(2) Any common carrier that knowingly transports any electronic nicotine delivery system in any form for a person who is in violation of subsection (1) of this section is guilty of a Class I misdemeanor.

(3) In addition to any other penalty, a violation of this section shall constitute a deceptive trade practice under the Uniform Deceptive Trade Practices Act and shall be subject to any remedies or penalties available for a violation of such act.

(4) All electronic nicotine delivery systems that are sold, given, or furnished in violation of this section are subject to seizure, forfeiture, and destruction and shall not be purchased or sold in the state. The cost of such seizure, forfeiture, and destruction shall be borne by the person from whom the products are seized.

(5) This section does not apply to the following:

(a) The shipment of electronic nicotine delivery systems to a foreign trade zone that is established under 19 U.S.C. 81a et seq. and that is located in this state if the products are from outside of this country, were ordered by a distributor in another state, and are not distributed in this state;

(b) A government employee who is acting in the course of the employee's official duties; or

(c) The shipment of electronic nicotine delivery systems to a university that is acquiring the systems to conduct basic and applied research, if the systems are exempt from federal excise tax under 26 U.S.C. 5704(a).

Laws 2024, LB1204, § 16.

Uniform Deceptive Trade Practices Act, see section 87-306 .
Neb. Rev. Stat. § 21-133 — NE Code / Chapter 21 / Section 21-133
View Statute 21-133
Status: in_force

(RULLCA 404) (a) Any distributions made by a limited liability company before its dissolution and winding up must be in equal shares among members and dissociated members, except to the extent necessary to comply with any transfer effective under section 21-141 and any charging order in effect under section 21-142 .

(b) A person has a right to a distribution before the dissolution and winding up of a limited liability company only if the company decides to make an interim distribution. A person's dissociation does not entitle the person to a distribution.

(c) A person does not have a right to demand or receive a distribution from a limited liability company in any form other than money. Except as otherwise provided in subsection (c) of section 21-154 , a limited liability company may distribute an asset in kind if each part of the asset is fungible with each other part and each person receives a percentage of the asset equal in value to the person's share of distributions.

(d) If a member or transferee becomes entitled to receive a distribution, the member or transferee has the status of, and is entitled to all remedies available to, a creditor of the limited liability company with respect to the distribution.

Laws 2010, LB888, § 33.
Neb. Rev. Stat. § 71-2704 — NE Code / Chapter 71 / Section 71-2704
View Statute 71-2704
Status: in_force

The health care crisis protocol does not change or alter the standard for malpractice or professional negligence for health care providers set forth in section 44-2810 .

Laws 2021, LB139, § 8.

COVID-19 Liability Act, see section 25-3601 .
Neb. Rev. Stat. § 44-7616 — NE Code / Chapter 44 / Section 44-7616
View Statute 44-7616
Status: in_force

(1) The offering of a health benefit plan by any multiple employer welfare arrangement shall not be deemed transacting business as an insurer, association, or exchange, except as specifically set forth in the Multiple Employer Welfare Arrangement Act. The insurance laws of this state do not apply to health benefit plans offered by multiple employer welfare arrangements except as specifically set forth in the act.

(2) Nothing in the act shall be construed to include an insolvent multiple employer welfare arrangement within the provisions of the Nebraska Insurers Supervision, Rehabilitation, and Liquidation Act.

Laws 2002, LB 1139, § 16.

Nebraska Insurers Supervision, Rehabilitation, and Liquidation Act, see section 44-4862 .
Neb. Rev. Stat. § 43-511 — NE Code / Chapter 43 / Section 43-511
View Statute 43-511
Status: in_force

The Department of Health and Human Services shall extend the assistance and services herein provided for to all children in rural districts throughout this state, in order that the same benefits and facilities shall be available to children in such districts as in urban areas.

Laws 1935, Spec. Sess., c. 30, § 11, p. 184;

C.S.Supp.,1941, § 43-511;

R.S.1943, § 43-511;

Laws 1982, LB 522, § 12;

Laws 1996, LB 1044, § 155;

Laws 2007, LB296, § 114.
Neb. Rev. Stat. § 42-618 — NE Code / Chapter 42 / Section 42-618
View Statute 42-618
Status: in_force

Notwithstanding that any property may in fact be community property, a husband or wife shall have power to receive, manage, control, and dispose of or otherwise deal with property standing in his or her name or under his or her management or control, in such manner as he or she would be so entitled to deal therewith by law, had Chapter 156, Session Laws of Nebraska, 1947, never been enacted.

Laws 1949, c. 129, § 3, p. 337.
Neb. Rev. Stat. § 29-2501 — NE Code / Chapter 29 / Section 29-2501
View Statute 29-2501
Status: in_force

Laws 2015, LB268, § 22;

Referendum 2016, No. 426.

Note: Section 29-2501, newly enacted by Laws 2015, LB 268, section 22, and assigned by the Revisor of Statutes to section 29-2501, has been omitted because of the vote on the referendum at the November 2016 general election.
Neb. Rev. Stat. § 50-1905 — NE Code / Chapter 47 / Section 50-1905
50-1905
Status: in_force

(1) The office of Inspector General of the Nebraska Correctional System is created within the Division of Legislative Oversight for the purpose of conducting investigations, audits, inspections, and other oversight of the Nebraska correctional system for the Legislature. The Inspector General shall be appointed by the Director of Legislative Oversight with approval from the chairperson of the Executive Board of the Legislative Council, the chairperson of the Legislative Oversight Committee, and the chairperson of the Judiciary Committee of the Legislature.

(2) The Inspector General shall be appointed for a term of five years and may be reappointed. The Inspector General shall be selected without regard to political affiliation and on the basis of integrity, capability for strong leadership, and demonstrated ability in accounting, auditing, financial analysis, law, management, public administration, investigation, or criminal justice administration or other closely related fields. No former or current executive or manager of the department shall be appointed Inspector General within five years after such former or current executive's or manager's period of service with the department. Not later than two years after the date of appointment, the Inspector General shall obtain certification as a Certified Inspector General by the Association of Inspectors General, its successor, or another nationally recognized organization that provides and sponsors educational programs and establishes professional qualifications, certifications, and licensing for inspectors general. During the Inspector General's employment, the Inspector General shall not be actively involved in partisan affairs.

(3) The Inspector General shall employ such investigators and support staff as the Inspector General deems necessary to carry out the duties of the office within the amount available by appropriation through the Division of Legislative Oversight for the office of Inspector General of the Nebraska Correctional System. The Inspector General shall be subject to the control and supervision of the Director of Legislative Oversight, except that removal of the Inspector General shall require approval of the chairperson of the Legislative Oversight Committee. The Inspector General may also be removed by a two-thirds majority vote of the Legislative Oversight Committee.

Laws 2015, LB598, § 4;

R.S.1943, (2021), § 47-904;

Laws 2025, LB298, § 49.
Neb. Rev. Stat. § 48-311 — NE Code / Chapter 48 / Section 48-311
View Statute 48-311
Status: in_force

Whoever employs a child under sixteen years of age and whoever, having under his or her control a child under such age, causes or permits such child to be employed in violation of sections 48-302 to 48-313 is guilty of a Class I misdemeanor. Whoever continues to employ any child in violation of any of such sections, after being notified by an attendance officer or by the Department of Labor or by its assistants or employees, is, for every day thereafter that such employment continues, guilty of a Class I misdemeanor.

The failure of an employer of child labor to produce, upon request of a person authorized to demand the same, any employment certificate or list required by such sections shall be prima facie evidence of the illegal employment of any child whose employment certificate is not produced or whose name is not listed. Any corporation or employer retaining employment certificates in violation of such sections is guilty of a Class I misdemeanor.

Every person authorized or required to sign any certificate or statement prescribed by such sections who knowingly certifies or makes oath to any material false statement therein or who violates any of the provisions of such sections is guilty of a Class I misdemeanor.

Every person who refuses admittance to any person authorized to visit or inspect any premises or place of business under the provisions of such sections and to produce all certificates and lists he or she may have when demanded, after such person shall have announced his or her name and the office he or she holds and the purpose of his or her visit, or otherwise obstructs such persons in the performance of their duties prescribed by such sections is guilty of a Class I misdemeanor.

Laws 1907, c. 66, § 11, p. 266;

R.S.1913, § 3585;

Laws 1919, c. 190, tit. IV, art. III, § 11, p. 556;

C.S.1922, § 7679;

C.S.1929, § 48-311;

R.S.1943, § 48-311;

Laws 1967, c. 296, § 7, p. 808;

Laws 1977, LB 40, § 280;

Laws 1987, LB 35, § 5;

Laws 1995, LB 330, § 5;

Laws 2001, LB 180, § 5;

Laws 2024, LB906, § 1.
Neb. Rev. Stat. § 23-156 — NE Code / Chapter 23 / Section 23-156
View Statute 23-156
Status: in_force

The board of county commissioners at its regular meeting in January of each year shall elect a chairman of the board to serve for the ensuing year, and such chairman shall sign all warrants on the treasurer for money to be paid out of the county treasury.

Laws 1879, § 59, p. 371;

Laws 1887, c. 29, § 3, p. 360;

Laws 1891, c. 21, § 2, p. 228;

R.S.1913, § 984;

Laws 1921, c. 154, § 1, p. 636;

C.S.1922, § 884;

C.S.1929, § 26-138;

R.S.1943, § 23-156.

Warrants issued by county board are void if not for purpose within their jurisdiction. Oakley v. Valley County, 40 Neb. 900, 59 N.W. 368 (1894).

Warrants issued by county board are void if not for purpose within their jurisdiction. Oakley v. Valley County, 40 Neb. 900, 59 N.W. 368 (1894).
Neb. Rev. Stat. § 2-4303 — NE Code / Chapter 2 / Section 2-4303
View Statute 2-4303
Status: in_force

Agricultural liming material shall mean material which is distributed for agricultural purposes whose calcium and magnesium compounds are capable of neutralizing soil acidity, including limestone, burnt lime, hydrated lime, marl, an industrial byproduct, and agricultural lime slurry.

Laws 1981, LB 396, § 3;

Laws 1983, LB 539, § 2.
Neb. Rev. Stat. § 23-164 — NE Code / Chapter 23 / Section 23-164
View Statute 23-164
Status: in_force

The county board shall provide for the manner in which such regulations and restrictions and the boundaries of such districts shall be determined, established, enforced, and, from time to time, amended, supplemented, or changed. No such regulation, restriction, or boundary shall become effective until after public hearings are held by both the county planning commission and county board in relation thereto, when its parties in interest and citizens shall have an opportunity to be heard. Notice of the time and place of such hearing shall be given by the publication thereof in a legal newspaper of general circulation in such county one time at least ten days prior to such hearing. Notice of the time and place of such hearing shall also be given in writing to the chairperson of any municipal, county, or joint planning commission in the State of Nebraska which has jurisdiction over land within three miles of the property affected by such action. In the absence of a planning commission, such notice shall be given to the clerks of units of local government in the State of Nebraska having jurisdiction over land within three miles of the property affected by such action.

Laws 1941, c. 131, § 12, p. 511;

C.S.Supp.,1941, § 26-152;

R.S.1943, § 23-164;

Laws 1975, LB 410, § 25;

Laws 1996, LB 299, § 17.

Timely objection by a litigant with standing may nullify a rezoning resolution by a county board that has not adopted a comprehensive development plan conformable to statute. Bagley v. County of Sarpy, 189 Neb. 393, 202 N.W.2d 841 (1972).

Timely objection by a litigant with standing may nullify a rezoning resolution by a county board that has not adopted a comprehensive development plan conformable to statute. Bagley v. County of Sarpy, 189 Neb. 393, 202 N.W.2d 841 (1972).

Board's only statutory power being to grant zoning variances resolution purporting to grant exemption construed to grant variance and action presumed correct until changed by court, and requirement of immediate compliance proper. Adler v. Lynch, 415 F.Supp. 705 (D. Neb. 1976).

Board's only statutory power being to grant zoning variances resolution purporting to grant exemption construed to grant variance and action presumed correct until changed by court, and requirement of immediate compliance proper. Adler v. Lynch, 415 F.Supp. 705 (D. Neb. 1976).