FrankGoortani/open-us-law huggingface dataset:
Neb. Rev. Stat. § 29-1822 — NE Code / Chapter 29 / Section 29-1822
View Statute 29-1822
Status: in_force

(1) A person who becomes mentally incompetent after the commission of an offense shall not be tried for the offense until such disability is removed as provided in section 29-1823 .

(2) If, after a verdict of guilty, but before judgment is pronounced, a defendant becomes mentally incompetent, then no judgment shall be given until such disability is removed.

(3) If a defendant is sentenced to death and, after judgment, but before execution of the sentence, such person becomes mentally incompetent, execution of the sentence shall be stayed until such disability is removed.

G.S.1873, c. 58, § 454, p. 823;

R.S.1913, § 9098;

C.S.1922, § 10123;

C.S.1929, § 29-1821;

R.S.1943, § 29-1822;

Laws 1986, LB 1177, § 7;

Laws 2015, LB268, § 13;

Referendum 2016, No. 426;

Laws 2020, LB881, § 17.

District court has discretion to hold hearing voluntarily on mental competency of defendant to undergo sentence. State v. Saxon, 187 Neb. 338, 190 N.W.2d 854 (1971).

District court has discretion to hold hearing voluntarily on mental competency of defendant to undergo sentence. State v. Saxon, 187 Neb. 338, 190 N.W.2d 854 (1971).

Insanity as a bar to the imposition of sentence presents a factual issue for the determination of the court. State v. Anderson, 186 Neb. 435, 183 N.W.2d 766 (1971).

Insanity as a bar to the imposition of sentence presents a factual issue for the determination of the court. State v. Anderson, 186 Neb. 435, 183 N.W.2d 766 (1971).

Insanity as bar to imposition of sentence cannot be raised by habeas corpus. Sedlacek v. Hann, 156 Neb. 340, 56 N.W.2d 138 (1952).

Insanity as bar to imposition of sentence cannot be raised by habeas corpus. Sedlacek v. Hann, 156 Neb. 340, 56 N.W.2d 138 (1952).

This section imposes a duty on but does not go to the jurisdiction of the court. Sedlacek v. Greenholtz, 152 Neb. 386, 41 N.W.2d 154 (1950).

This section imposes a duty on but does not go to the jurisdiction of the court. Sedlacek v. Greenholtz, 152 Neb. 386, 41 N.W.2d 154 (1950).

One who has become insane after the commission of a crime ought not to be tried for the offense during the continuance of the disability. Carlsen v. State, 129 Neb. 84, 261 N.W. 339 (1935).

One who has become insane after the commission of a crime ought not to be tried for the offense during the continuance of the disability. Carlsen v. State, 129 Neb. 84, 261 N.W. 339 (1935).

Where insanity has not originated after commission of act, there is no requirement of trial of question of insanity. Walker v. State, 46 Neb. 25, 64 N.W. 357 (1895).

Where insanity has not originated after commission of act, there is no requirement of trial of question of insanity. Walker v. State, 46 Neb. 25, 64 N.W. 357 (1895).
Neb. Rev. Stat. § 66-697 — NE Code / Chapter 66 / Section 66-697
View Statute 66-697
Status: in_force

Sections 66-697 to 66-6,116 shall be known and may be cited as the Compressed Fuel Tax Act.

Laws 1995, LB 182, § 1;

Laws 1996, LB 1121, § 4;

Laws 2008, LB846, § 15.
Neb. Rev. Stat. § 2-237 — NE Code / Chapter 2 / Section 2-237
View Statute 2-237
Status: in_force

Upon the dissolution of any such county fair board in the manner provided in sections 2-232 to 2-236 , the county fair board in such county shall cease to exist as an official body of such county, except for the purpose of making its final report and accounting and returning its records. An appointed county fair board shall make its report and accounting and return its records to the county board. An elected county fair board shall publish its final report and accounting one time in a newspaper of general circulation in the county and shall file such report and accounting and its records with the county clerk for inspection by the public.

Laws 1927, c. 51, § 6, p. 206;

C.S.1929, § 2-227;

R.S.1943, § 2-237;

Laws 1999, LB 437, § 15.
Neb. Rev. Stat. § 12-810 — NE Code / Chapter 12 / Section 12-810
View Statute 12-810
Status: in_force

Any county affected by sections 12-807 to 12-810 shall provide for at least one mowing annually of such cemetery each year, and one of such mowings shall occur within a period of two weeks prior to Memorial Day. Additional mowings shall be at the discretion of the county board, and each additional mowing may be subject to a public hearing at which the need for the additional mowing shall be presented to the county board. Within five years after maintenance and preservation of such cemetery is commenced by such county, a historical marker giving the date of the establishment of the cemetery and a short history of the cemetery may be placed at the site of such cemetery. One directional marker showing the way to such cemetery may be placed on the nearest state highway to such cemetery.

Laws 1975, LB 129, § 4;

Laws 1996, LB 932, § 4;

Laws 2008, LB995, § 7.
Neb. Rev. Stat. § 14-2118 — NE Code / Chapter 14 / Section 14-2118
14-2118
Status: in_force

After entering the streets, alleys, or public grounds of the district in connection with the operation, construction, and maintenance of the utility facilities, it shall be the duty of the metropolitan utilities district and the board of directors, upon the completion of any such work, to resurface and repave the streets, alleys, or public grounds and leave the streets, alleys, or public grounds in the same condition as they were before the same were utilized by the district and the board of directors for such purpose.

Laws 1913, c. 143, § 7, p. 353;

R.S.1913, § 4249;

C.S.1922, § 3752;

C.S.1929, § 14-1008;

R.S.1943, § 14-1010;

R.S.1943, (1991), § 14-1010;

Laws 1992, LB 746, § 18.
Neb. Rev. Stat. § 23-241 — NE Code / Chapter 23 / Section 23-241
View Statute 23-241
Status: in_force

The minutes of the proceedings of every town meeting shall be filed in the office of the town clerk within ten days after such town meeting.

Laws 1895, c. 28, § 39, p. 143;

R.S.1913, § 1025;

C.S.1922, § 927;

C.S.1929, § 26-241;

R.S.1943, § 23-241;

Laws 1973, LB 75, § 8.
Neb. Rev. Stat. § 19-5301 — NE Code / Chapter 19 / Section 19-5301
View Statute 19-5301
Status: in_force

Sections 19-5301 to 19-5317 shall be known and may be cited as the Riverfront Development District Act.

Laws 2017, LB97, § 1.
Neb. Rev. Stat. § 9-651.01 — NE Code / Chapter 9 / Section 9-651.01
View Statute 9-651.01
Status: in_force

(1) Any purchase of a ticket for a keno game shall be made in person at the location of the lottery operator or an authorized sales outlet location.

(2) The lottery operator shall file with the department the address of each location where digital-on-premises tickets are sold. The lottery operator shall use reasonable safeguards approved by the department to ensure that digital-on-premises tickets are only accessible to individuals nineteen years of age or older.

(3) The lottery operator shall submit controls, for approval by the department, that include the following at the location of the lottery operator or the locations of its associated authorized sales outlets at which digital-on-premises tickets are sold:

(a) Any specific procedure and any technology partner used to fulfill the requirements set forth by the department;

(b) Any location detection procedure to reasonably detect and dynamically monitor the location of a player attempting to purchase a digital-on-premises ticket for a keno game. The location procedures shall be designed so that a player outside the permitted boundary is rejected and the player is notified. The permitted boundary shall be established in such a manner that access is not regularly available away from the property on which the licensed premises is situated and such boundary is as closely matching to the actual or legal boundaries of the licensed premises as reasonably possible;

(c) Any other specific controls as designated by the department;

(d) A process to prominently display and easily impose any limitation parameters relating to the purchase of a digital-on-premises ticket for a keno game; and

(e) An easy and obvious method for a player to make a complaint and to enable the player to notify the department if such complaint has not been or cannot be addressed by the lottery operator.

(4) The department shall approve or deny the controls within thirty days after submission. If denied, the department shall provide the reasons for denial and allow the lottery operator to resubmit revised controls.

(5) The department may adopt and promulgate rules and regulations relating to digital-on-premises tickets. Such rules and regulations shall be adopted and promulgated no later than January 1, 2024.

Laws 2023, LB775, § 11.
Neb. Rev. Stat. § 44-240 — NE Code / Chapter 44 / Section 44-240
View Statute 44-240
Status: in_force

Any plan for mutualization approved by the Director of Insurance shall be submitted to the policyholders of the company at a meeting held pursuant to the plan and shall be adopted only upon the affirmative vote of two-thirds of the policyholders present and voting in person or by proxy at the meeting as provided in the plan. The plan and amendments to the articles of incorporation shall also be submitted to the shareholders of the company as provided in section 44-231 , and upon affirmative vote of at least two-thirds of the shareholders, the plan shall be placed in full effect and operation and the amendments to the articles shall be deemed adopted to become fully effective upon filing at the time specified in the plan and as provided for in section 44-205 , and upon such filing being made, the company shall forthwith become and be a mutual insurance company for all purposes. The company shall publish notice of the amendments to its articles of incorporation as provided in section 44-206 .

Laws 1953, c. 152, § 8, p. 484;

Laws 1989, LB 92, § 86.
Neb. Rev. Stat. § 71-947 — NE Code / Chapter 71 / Section 71-947
View Statute 71-947
Status: in_force

Counsel appointed as provided in subdivision (1) of section 71-946 shall apply to the court in which his or her appointment is recorded for fees for services performed. Such counsel may also apply to the court to secure separate professional examination of the person for whom counsel was appointed and shall be reimbursed for costs incurred in securing such separate examination or examinations or in having other professional persons as witnesses before the mental health board. The court, upon hearing the application, shall fix reasonable fees, including reimbursement of costs incurred. The county board of the county in which the application was filed shall allow the account, bill, or claim presented by the attorney for services performed under the Nebraska Mental Health Commitment Act or the Sex Offender Commitment Act in the amount determined by the court. No such account, bill, or claim shall be allowed by the county board until the amount thereof has been determined by the court.

Laws 1976, LB 806, § 61;

Laws 2000, LB 884, § 14;

R.S.Supp.,2002, § 83-1051;

Laws 2004, LB 1083, § 67;

Laws 2006, LB 1199, § 43.

Sex Offender Commitment Act, see section 71-1201 .

An attorney validly appointed by a court to assist an indigent subject in a habeas corpus proceeding challenging the subject's custody or treatment under the Sex Offender Commitment Act is entitled to attorney fees. D.I. v. Gibson, 295 Neb. 903, 890 N.W.2d 506 (2017).

An attorney validly appointed by a court to assist an indigent subject in a habeas corpus proceeding challenging the subject's custody or treatment under the Sex Offender Commitment Act is entitled to attorney fees. D.I. v. Gibson, 295 Neb. 903, 890 N.W.2d 506 (2017).
Neb. Rev. Stat. § 8-1708 — NE Code / Chapter 8 / Section 8-1708
View Statute 8-1708
Status: in_force

Commodity Futures Trading Commission shall mean the independent regulatory agency established by Congress to administer the Commodity Exchange Act.

Laws 1987, LB 575, § 8.
Neb. Rev. Stat. § 8-716 — NE Code / Chapter 8 / Section 8-716
View Statute 8-716
Status: in_force

No institution incorporated under the laws of this state which is or becomes a member of a Federal Home Loan Bank shall be exempt from any taxes of this state, including any contributions required to be paid under sections 48-648 to 48-654 .

Laws 1937, c. 51, § 3, p. 214;

C.S.Supp.,1941, § 8-603;

R.S.1943, § 8-716;

Laws 1991, LB 77, § 3;

Laws 2017, LB172, § 1.
Neb. Rev. Stat. § 16-672.11 — NE Code / Chapter 16 / Section 16-672.11
View Statute 16-672.11
Status: in_force

For the purpose of paying the cost of the public improvements as provided in sections 16-672.01 to 16-672.11 , the mayor and city council of any city of the first class, after such improvements have been completed and accepted, shall have the power to issue negotiable bonds of the city to be called storm water sewer district bonds, payable in not exceeding twenty years and bearing interest payable annually, which may either be sold by the city or delivered to the contractor in payment for the work, but in either case for not less than their par value. For the purpose of making partial payments as the work progresses, warrants may be issued by the mayor and city council upon certificates of the engineer in charge, showing the amount of work completed and materials necessarily purchased and delivered for the orderly and proper continuance of the project, in a sum not exceeding ninety-five percent of the cost thereof, and upon the completion and acceptance of the work, a final warrant may be issued for the balance due the contractor, which warrants shall be redeemed and paid upon the sale of the bonds issued and sold as provided in this section. The city shall pay to the contractor interest at the rate of eight percent per annum on the amounts due on partial and final payments beginning forty-five days after the certification of the amounts due by the engineer in charge and approval by the city council and running until the date that the warrant is tendered to the contractor. All special assessments which may be levied upon property specially benefited by such work or improvements in any such storm water sewer district shall, when collected, be set aside and placed in a sinking fund for the payment of the interest and principal of the bonds. There shall be levied annually upon all of the taxable property in the city a tax which, together with such sinking fund derived from special assessments collected, shall be sufficient to meet payments of interest and principal on the bonds as the same become due. Such tax shall be known as the storm water sewer tax, shall be payable annually, shall be collected in the same manner as general taxes, and shall be subject to the same penalties.

Laws 1961, c. 46, § 11, p. 182;

Laws 1969, c. 51, § 37, p. 295;

Laws 1974, LB 636, § 3;

Laws 1992, LB 719A, § 42;

Laws 2016, LB704, § 133.
Neb. Rev. Stat. § 1-105 — NE Code / Chapter 1 / Section 1-105
View Statute 1-105
Status: in_force

Sections 1-105 to 1-171 shall be known and may be cited as the Public Accountancy Act.

Laws 1957, c. 1, § 64, p. 78;

Laws 1991, LB 75, § 14;

Laws 1994, LB 957, § 7;

R.S.Supp.,1996, § 1-169;

Laws 1997, LB 114, § 1;

Laws 2009, LB31, § 1;

Laws 2015, LB159, § 1.
Neb. Rev. Stat. § 21-2996 — NE Code / Chapter 21 / Section 21-2996
View Statute 21-2996
Status: in_force

(1) If the Secretary of State denies a limited cooperative association's application for reinstatement following administrative dissolution, the Secretary of State shall prepare, sign, and file a notice that explains the reason or reasons for denial and serve the limited cooperative association with a copy of the notice.

(2) Within thirty days after service of the notice of denial, the limited cooperative association may appeal the denial of reinstatement by petitioning the district court to set aside the dissolution. The petition shall be served on the Secretary of State and contain a copy of the Secretary of State's declaration of dissolution, the limited cooperative association's application for reinstatement, and the Secretary of State's notice of denial.

(3) The court may summarily order the Secretary of State to reinstate the dissolved limited cooperative association or may take other action the court considers appropriate.

Laws 2007, LB368, § 96.
Neb. Rev. Stat. § 23-2544 — NE Code / Chapter 23 / Section 23-2544
View Statute 23-2544
Status: in_force

Any person who willfully violates sections 23-2534 to 23-2544 or the rules and regulations adopted pursuant to sections 23-2534 to 23-2544 shall be guilty of a Class II misdemeanor.

Laws 1994, LB 212, § 11.
Neb. Rev. Stat. § 14-709 — NE Code / Chapter 14 / Section 14-709
View Statute 14-709
Status: in_force

(1) Any person who is a sworn member of an organized and paid fire department of any city of the metropolitan class and who is an authorized arson investigator for such city in order to determine the cause, origin, and circumstances of fires shall be classified as a peace officer while on duty and in the course of any such investigation. Such person shall possess the same powers of arrest, search, seizure, and the securing and service of warrants as police officers of such city.

(2) While on duty and in the course of any such investigation, an arson investigator may carry such weapons as may be necessary but only if such investigator has satisfactorily completed a training program offered or approved by the Nebraska Police Standards Advisory Council or equivalent training offered by such city and certified by the city council. Such training need not include exposure to vehicle and traffic law, traffic control and accident investigation, or first aid.

(3) An arson investigator shall, in addition to having been an active member of an organized fire department for a minimum of six years, meet the minimum qualifications and training standards established by the city for all firefighters.

(4) Any arson investigator granted the powers enumerated in this section may exercise such powers only while on duty and during the course of investigating the cause, origin, and circumstances of a fire.

Laws 1981, LB 205, § 1;

Laws 1994, LB 971, § 1;

Laws 2022, LB800, § 224.
Neb. Rev. Stat. § 38-3119 — NE Code / Chapter 71 / Section 38-3119
38-3119
Status: in_force

Nothing in the Psychology Practice Act shall be construed to prohibit the practice of psychology in this state by a person holding a doctoral degree in psychology from an institution of higher education who is licensed as a psychologist under the laws of another jurisdiction if the requirements for a license in the other jurisdiction are equal to or exceed the requirements for licensure in Nebraska and if the person provides no more than an aggregate of thirty days of professional services as a psychologist per year as defined in the rules and regulations. Psychologists practicing under this section shall notify the department of the nature and location of their practice and provide evidence of their licensure in another jurisdiction.

Upon determination that the applicant has met the requirements of this section, the department shall issue a letter permitting the practice. An individual's permission to practice under this section may be revoked if it is determined by the department that he or she has engaged in conduct defined as illegal, unprofessional, or unethical under the statutes, rules, or regulations governing the practice of psychology in Nebraska.

Laws 1994, LB 1210, § 84;

R.S.1943, (2003), § 71-1,206.22;

Laws 2007, LB463, § 1053.
Neb. Rev. Stat. § 13-2020.01 — NE Code / Chapter 13 / Section 13-2020.01
View Statute 13-2020.01
Status: in_force

(1) For purposes of this section, elected official means a mayor or a member of a city council, village board of trustees, or county board.

(2) Beginning August 1, 2008, only elected officials who are members or alternate members of the governing body of a joint entity or joint public agency created pursuant to the Interlocal Cooperation Act or the Joint Public Agency Act that provides services under the Integrated Solid Waste Management Act are authorized to vote on whether a lien should be imposed on real property for nonpayment of rates and charges under subsection (4) of section 13-2020 . Notwithstanding any other requirements for action by the governing body, a vote in favor of imposing such a lien by a majority of the members eligible to vote on whether a lien should be imposed is required to impose such a lien.

Laws 2008, LB202, § 2.

Interlocal Cooperation Act, see section 13-801 .

Joint Public Agency Act, see section 13-2501 .
Neb. Rev. Stat. § 44-4057 — NE Code / Chapter 44 / Section 44-4057
View Statute 44-4057
Status: in_force

An insurance producer doing business under any name other than the producer's legal name shall notify the director prior to using the assumed name.

Laws 2001, LB 51, § 11.
Neb. Rev. Stat. § 57-718 — NE Code / Chapter 57 / Section 57-718
View Statute 57-718
Status: in_force

(1) The Tax Commissioner shall enforce Chapter 57, article 7, and may prescribe, adopt, and enforce rules and regulations relating to the administration and enforcement of such article. The Tax Commissioner may prescribe the extent to which any ruling or regulation shall be applied without retroactive effect.

(2) The Tax Commissioner may employ accountants, auditors, investigators, assistants, and clerks necessary for the efficient administration of Chapter 57, article 7, and may delegate authority to his or her representatives to conduct hearings, prescribe regulations, or perform any other duties imposed by such article.

(3) Every person subject to Chapter 57, article 7, shall keep such records, receipts, invoices, and other pertinent papers in such form as the Tax Commissioner may require. Every such person shall keep such records for not less than three years from the making of such records unless the Tax Commissioner in writing sooner authorized their destruction.

(4) The Tax Commissioner or any person authorized in writing by him or her may examine the books, papers, records, and equipment of any person liable for the severance tax and may investigate the character of the business of the person in order to verify the accuracy of any return made, or, if no return is made by the person, to ascertain and determine the amount required to be paid.

(5) The taxpayer shall have the right to keep or store his or her records at a point outside this state and shall make his or her records available to the Tax Commissioner at all times.

Laws 1983, LB 228, § 8.
Neb. Rev. Stat. § 71-1362 — NE Code / Chapter 71 / Section 71-1362
View Statute 71-1362
Status: in_force

A provisional license may be issued to a crematory authority that substantially complies with requirements for licensure under the Cremation of Human Remains Act and rules and regulations adopted and promulgated under the act. Such provisional license shall be valid for a period of up to one year, shall not be renewed, and may be converted to a regular license upon a showing that the crematory authority fully complies with the requirements for licensure under the act and rules and regulations.

Laws 2003, LB 95, § 8.
Neb. Rev. Stat. § 39-1908 — NE Code / Chapter 39 / Section 39-1908
View Statute 39-1908
Status: in_force

Wherever a federal-aid secondary highway traverses or passes through any city or village, the county board may with the approval of the mayor and council or the chairman and board of trustees of such city or village, grade, pave, curb, gutter or hard-surface such highway lying in the corporate limits of such city or village; Provided, that such city or village may pay or contribute to the county highway fund of the county for paving or hard-surfacing such highway in an amount designated by the county board but not to exceed fifty percent of the cost of such project lying within the corporate limits of such city or village.

Laws 1959, c. 184, § 1, p. 666;

Laws 1963, c. 239, § 1, p. 730.