FrankGoortani/open-us-law huggingface dataset:
Neb. Rev. Stat. § 13-2607 — NE Code / Chapter 13 / Section 13-2607
View Statute 13-2607
Status: in_force

(1) After consideration of the application and the evidence, the board shall issue a finding of whether the convention and meeting center facility or sports arena facility described in the application is eligible for state assistance.

(2) If the board finds that the facility described in the application is an eligible facility and that state assistance is in the best interest of the state, the application shall be approved.

(3) In determining whether state assistance is in the best interest of the state, the board shall consider the fiscal and economic capacity of the applicant to finance the local share of the eligible facility.

(4) A majority of the board members constitutes a quorum for the purpose of conducting business. All actions of the board shall be by a majority vote of all the board members, one of whom must be the Governor.

Laws 1999, LB 382, § 7;

Laws 2007, LB551, § 4.

Limitation on applications, see section 13-2612 .
Neb. Rev. Stat. § 57-1402 — NE Code / Chapter 57 / Section 57-1402
View Statute 57-1402
Status: in_force

(1) The purposes of the Major Oil Pipeline Siting Act are to:

(a) Ensure the welfare of Nebraskans, including protection of property rights, aesthetic values, and economic interests;

(b) Consider the lawful protection of Nebraska's natural resources in determining the location of routes of major oil pipelines within Nebraska;

(c) Ensure that a major oil pipeline is not constructed within Nebraska without receiving the approval of the commission under section 57-1408 ;

(d) Ensure that the location of routes for major oil pipelines is in compliance with Nebraska law; and

(e) Ensure that a coordinated and efficient method for the authorization of such construction is provided.

(2) Nothing in the Major Oil Pipeline Siting Act shall be construed to regulate any safety issue with respect to any aspect of any interstate oil pipeline. The Major Oil Pipeline Siting Act is intended to deal solely with the issue of siting or choosing the location of the route aside and apart from safety considerations. The Legislature acknowledges and respects the exclusive federal authority over safety issues established by the federal law, the Pipeline Safety Act of 1994, 49 U.S.C. 60101 et seq., and the express preemption provision stated in that act. The Major Oil Pipeline Siting Act is intended to exercise only the remaining sovereign powers and purposes of Nebraska which are not included in the category of safety regulation.

Laws 2011, First Spec. Sess., LB1, § 3;

Laws 2012, LB1161, § 4.
Neb. Rev. Stat. § 10-1206 — NE Code / Chapter 10 / Section 10-1206
View Statute 10-1206
Status: in_force

The Nebraska Governmental Unit Credit Facility Act shall be independent of and in addition to any other provision of law of the State of Nebraska or provisions of home rule charters, and any credit facility may be obtained under the act for any purpose authorized in the act even though other laws of the State of Nebraska or provisions of home rule charters may provide for the obtaining of a credit facility for the same or similar purposes. The act shall not be considered amendatory of or limited by any other law of the State of Nebraska or provisions of home rule charters, and any credit facility may be obtained under the act without complying with the restrictions or requirements of any other law of the State of Nebraska, except when specifically required by the act, or without complying with the restrictions or requirements of home rule charters. Nothing in the act shall prohibit or limit the obtaining of any credit facility in accordance with other applicable laws of the State of Nebraska or of home rule charters, if the governing body of a governmental unit determines to obtain such credit facility under such other laws or charter or otherwise limit the provisions of any home rule charter.

Laws 2009, LB377, § 6.
Neb. Rev. Stat. § 25-2220 — NE Code / Chapter 25 / Section 25-2220
View Statute 25-2220
Status: in_force

Whenever an oath is required by this code, the affirmation of a person conscientiously scrupulous of taking an oath, shall have the same effect.

R.S.1867, Code § 894, p. 549;

R.S.1913, § 8569;

C.S.1922, § 9520;

C.S.1929, § 20-2221;

R.S.1943, § 25-2220.

It is not contempt of court to decline to be sworn by taking the usual oath, since the witness has the right to affirm. Wilcox v. State, 46 Neb. 402, 64 N.W. 1072 (1895).

It is not contempt of court to decline to be sworn by taking the usual oath, since the witness has the right to affirm. Wilcox v. State, 46 Neb. 402, 64 N.W. 1072 (1895).
Neb. Rev. Stat. § 12-525 — NE Code / Chapter 12 / Section 12-525
View Statute 12-525
Status: in_force

If, upon the hearing of said petition before the court, the court shall be of the opinion that it is for the best interest of said association and the public that the said real estate, or any part thereof, should be prohibited from use as a cemetery and prohibited from future use for cemetery purposes, and that the same or any part thereof should be sold, it shall so find and decree. It may in that event also order and direct the manner in which and by whom the sale of the said real estate shall be conducted and upon what terms, and require the person making such sale to report and return the proceeds of said sale to the district court; and in the event of a decree for the sale of any such real estate, the court shall also determine and direct what disposition shall be made of the proceeds of such sale. The court shall have full authority in such proceedings to make all such orders and decrees as it may deem necessary or proper to fully wind up the affairs and business of such association, to dispose of its assets and property, and to dissolve said corporation; Provided, however, the court shall order that sufficient of the money received from the proceeds of such sale shall be preserved and held in trust for the maintenance, in suitable condition, of that part of the cemetery actually occupied by graves.

Laws 1907, c. 27, § 5, p. 148;

R.S.1913, § 692;

C.S.1922, § 601;

C.S.1929, § 13-514;

R.S.1943, § 12-525.
Neb. Rev. Stat. § 44-6115.04 — NE Code / Chapter 44 / Section 44-6115.04
View Statute 44-6115.04
Status: in_force

Any director or officer of a person or an agent of the person who knowingly violates or assents to or permits any officer or agent of the person to violate the requirements of section 44-6115 may be required by the Director of Insurance, after notice and hearing, to pay, in his or her individual capacity, an administrative penalty of not more than five thousand dollars per violation. In determining the amount of the penalty, the Director of Insurance shall take into account the appropriateness of the penalty with respect to the gravity of the violation, the history of previous violations, and such other matters as justice may require.

Laws 1997, LB 52, § 12.
Neb. Rev. Stat. § 29-2272 — NE Code / Chapter 29 / Section 29-2272
View Statute 29-2272
Status: in_force

(1) If the individual chooses to meet the requirements of section 29-2270 by attending a public school and the individual has previously been expelled from school, prior to the readmission of the individual to the school, school officials shall meet with the individual's probation officer and assist in developing conditions of probation that will provide specific guidelines for behavior and consequences for misbehavior at school as well as educational objectives that must be achieved. The district court, county court, or juvenile court shall review the conditions of probation for the individual and may continue the expulsion or return the individual to school under the agreed conditions.

(2) The school board may expel the individual for subsequent actions as provided in section 79-267 .

(3) The individual shall be screened by the school to which he or she is admitted for possible disabilities and, if the screening so indicates, be referred for evaluation for possible placement in a special education program.

Laws 1994, LB 1250, § 3;

Laws 1996, LB 900, § 1035.
Neb. Rev. Stat. § 8-211 — NE Code / Chapter 8 / Section 8-211
View Statute 8-211
Status: in_force

The required pledges having been made, the Department of Banking and Finance shall issue a receipt and a certificate showing that the trust company has complied with the Nebraska Trust Company Act. Having thus qualified, the trust company may be permitted to act as assignee, receiver, trustee, either by appointment of court or under will, or depository of money in court without bond. Upon presentation of the certificate that the trust company has complied with the act and has made a pledge as provided in section 8-209 , the court or other officer charged with the duty of making such appointment or of approving bonds may, in his or her discretion, make the appointment and permit the trust company to qualify without bond or require such bond as is required from natural persons.

Laws 1919, c. 190, tit. V, art. XVIII, § 11, p. 721;

C.S.1922, § 8073;

C.S.1929, § 8-211;

Laws 1933, c. 18, § 77, p. 175;

C.S.Supp.,1941, § 8-211;

R.S.1943, § 8-211;

Laws 1993, LB 81, § 25;

Laws 1998, LB 1321, § 40.

The fact that trust company has given general bond does not prevent county court from requiring another bond as testamentary trustee. In re Estate of Grainger, 151 Neb. 555, 38 N.W.2d 435 (1949).

The fact that trust company has given general bond does not prevent county court from requiring another bond as testamentary trustee. In re Estate of Grainger, 151 Neb. 555, 38 N.W.2d 435 (1949).
Neb. Rev. Stat. § 1-142 — NE Code / Chapter 1 / Section 1-142
View Statute 1-142
Status: in_force

If, after having been served with the notice of hearing pursuant to section 1-141 , the accused fails to appear at the hearing and defend, the board may proceed to hear evidence against him or her and may enter such order as is justified by the evidence, which order shall be final unless he or she petitions for a review as set forth in section 1-149 , except that within thirty days from the date of any order, upon a showing of good cause for failing to appear and defend, the board may reopen the proceedings and may permit the accused to submit evidence in his or her behalf.

Laws 1957, c. 1, § 37, p. 69;

Laws 1997, LB 114, § 35.
Neb. Rev. Stat. § 46-1101 — NE Code / Chapter 46 / Section 46-1101
View Statute 46-1101
Status: in_force

Sections 46-1101 to 46-1148 shall be known and may be cited as the Nebraska Chemigation Act.

Laws 1986, LB 284, § 1;

Laws 1988, LB 1046, § 1;

Laws 2014, LB272, § 1.
Neb. Rev. Stat. § 8-204 — NE Code / Chapter 8 / Section 8-204
View Statute 8-204
Status: in_force

(1) The control of the business affairs of a trust company shall be vested in a board of directors of not less than five persons who shall be selected at such time and in such manner as may be provided by the articles of incorporation of the trust company and in conformity with the Nebraska Trust Company Act. Any vacancy on the board shall be filled within ninety days by appointment by the remaining directors, and any director so appointed shall serve until the next election of directors, except that if the vacancy leaves a minimum of five directors, appointment shall be optional. The person appointed to fill the vacancy shall not serve as a director until the trust company obtains approval from the Department of Banking and Finance in accordance with subsection (6) of this section.

(2) The board of directors shall select a president and secretary and shall appoint trust officers and committees as it deems necessary. No person shall act as president if such person is not a member of the board of directors. The officers and committee members shall hold their positions at the discretion of the board of directors.

(3) The board of directors shall hold at least one regular meeting in each calendar quarter and shall prepare and maintain complete and accurate minutes of the proceedings at such meetings.

(4) The board of directors shall make or cause to be made each year a thorough examination of the books, records, funds, and securities held for the trust company and customer accounts. The examination may be conducted by the members of the board of directors or the board may accept an annual audit by an accountant or accounting firm approved by the Department of Banking and Finance. Any such examination or audit must comply in scope with minimum standards established by the department.

(5) Unless the department otherwise approves, a majority of the members of the board of directors of any trust company shall be residents of this state. Reasonable efforts shall be made to acquire members of the board of directors from the county in which the trust company is located. Directors of trust companies shall be persons of good moral character and known integrity, business experience, and responsibility.

(6) No person shall act as such member of the board of directors of any trust company until the corporation applies for and obtains approval from the Department of Banking and Finance.

Laws 1911, c. 31, § 4, p. 188;

R.S.1913, § 741;

Laws 1919, c. 190, tit. V, art. XVIII, § 4, p. 718;

C.S.1922, § 8065;

C.S.1929, § 8-203;

R.S.1943, § 8-204;

Laws 1993, LB 81, § 17;

Laws 2013, LB213, § 6;

Laws 2021, LB363, § 9.

Control of business of a trust company is vested under this section in the board of directors. First Trust Company v. Airedale Ranch & Cattle Company, 136 Neb. 521, 286 N.W. 766 (1939).

Control of business of a trust company is vested under this section in the board of directors. First Trust Company v. Airedale Ranch & Cattle Company, 136 Neb. 521, 286 N.W. 766 (1939).
Neb. Rev. Stat. § 59-1608 — NE Code / Chapter 59 / Section 59-1608
View Statute 59-1608
Status: in_force

(1) The Attorney General may bring an action in the name of the state against any person to restrain and prevent the doing of any act prohibited by the Consumer Protection Act. The prevailing party may, in the discretion of the court, recover the costs of such action including a reasonable attorney's fee.

(2) The court may make such additional orders or judgments as may be necessary to restore to any person in interest any money or property, real or personal, which may have been acquired by means of any act prohibited in the Consumer Protection Act.

Laws 1974, LB 1028, § 15;

Laws 2002, LB 1278, § 23.

Ticket seller was not a "prevailing party," as would support award of attorney fees under Nebraska's Consumer Protection Act and Uniform Deceptive Trade Practices Act following dismissal of the State's consumer protection suit where the State chose to voluntarily dismiss its claims before any judicial determination could be made as to their merits. State ex rel. Peterson v. Creative Comm. Promotions, 302 Neb. 606, 924 N.W.2d 664 (2019).

Ticket seller was not a "prevailing party," as would support award of attorney fees under Nebraska's Consumer Protection Act and Uniform Deceptive Trade Practices Act following dismissal of the State's consumer protection suit where the State chose to voluntarily dismiss its claims before any judicial determination could be made as to their merits. State ex rel. Peterson v. Creative Comm. Promotions, 302 Neb. 606, 924 N.W.2d 664 (2019).

Restoration of the purchase price under the Nebraska Consumer Protection Act rests within the discretion of the trial court; its ruling will not be disturbed on appeal in the absence of an abuse of that discretion. State ex rel. Douglas v. Schroeder, 222 Neb. 473, 384 N.W.2d 626 (1986).

Restoration of the purchase price under the Nebraska Consumer Protection Act rests within the discretion of the trial court; its ruling will not be disturbed on appeal in the absence of an abuse of that discretion. State ex rel. Douglas v. Schroeder, 222 Neb. 473, 384 N.W.2d 626 (1986).

The awarding and amount of an attorney fee under the Nebraska Consumer Protection Act rest in the sound discretion of the trial court; the Nebraska Supreme Court will only interfere where the allowance is clearly excessive or insufficient. State ex rel. Douglas v. Schroeder, 222 Neb. 473, 384 N.W.2d 626 (1986).

The awarding and amount of an attorney fee under the Nebraska Consumer Protection Act rest in the sound discretion of the trial court; the Nebraska Supreme Court will only interfere where the allowance is clearly excessive or insufficient. State ex rel. Douglas v. Schroeder, 222 Neb. 473, 384 N.W.2d 626 (1986).

The Nebraska Consumer Protection Act is equitable in nature; as such, trials thereunder are to the court. State ex rel. Douglas v. Schroeder, 222 Neb. 473, 384 N.W.2d 626 (1986).

The Nebraska Consumer Protection Act is equitable in nature; as such, trials thereunder are to the court. State ex rel. Douglas v. Schroeder, 222 Neb. 473, 384 N.W.2d 626 (1986).
Neb. Rev. Stat. § 54-1178 — NE Code / Chapter 54 / Section 54-1178
View Statute 54-1178
Status: in_force

Every livestock auction market shall be maintained in a sanitary condition under the rules and regulations as prescribed by the director.

Laws 1963, c. 319, § 22, p. 970.
Neb. Rev. Stat. § 37-524.01 — NE Code / Chapter 37 / Section 37-524.01
View Statute 37-524.01
Status: in_force

(1) It shall be illegal to knowingly engage in, sponsor, instigate, assist, or profit from the release, killing, wounding, or attempted killing or wounding of animals of the Families Tayassuidae and Suidae for the purpose of sport, pleasure, amusement, or production of a trophy. The commission shall destroy any feral swine and may authorize any agents, including landowners, to destroy and dispose of any feral swine.

(2) For purposes of this section, feral swine means swine whose reversion from the domesticated state to a wild state is apparent or an otherwise freely roaming swine having no visible tags, marking, or characteristics indicating that it is from a domestic herd, and reasonable inquiry within the area does not identify an owner.

(3) Any person violating subsection (1) of this section is guilty of a Class II misdemeanor.

Laws 2003, LB 305, § 19;

Laws 2005, LB 20, § 1.
Neb. Rev. Stat. § 68-1927 — NE Code / Chapter 68 / Section 68-1927
View Statute 68-1927
Status: in_force

(1) On or before September 30, 2011, or after that date if allowable by the Centers for Medicare and Medicaid Services of the United States Department of Health and Human Services, the Nebraska Department of Health and Human Services shall submit an application to the Centers for Medicare and Medicaid Services amending the medicaid state plan as defined in section 68-907 by requesting a waiver of the uniformity requirement pursuant to 42 C.F.R. 433.68(e) to exempt certain facilities from the quality assurance assessment and to permit other facilities to pay the quality assurance assessment at lower rates.

(2) The quality assurance assessment is not due and payable until an amendment to the medicaid state plan which increases the rates paid to nursing facilities and skilled nursing facilities is approved by the Centers for Medicare and Medicaid Services and the nursing facilities and skilled nursing facilities have been compensated retroactively for the increased rate for services pursuant to section 68-1926 .

(3) If the waiver requested under this section is not approved by the Centers for Medicare and Medicaid Services, the department may resubmit the waiver application to address any changes required by the Centers for Medicare and Medicaid Services in the rejection of such application, including the classes of facilities exempt and the rates or amounts for quality assurance assessments, if such changes do not exceed the authority and purposes of the Nursing Facility Quality Assurance Assessment Act.

Laws 2011, LB600, § 27.
Neb. Rev. Stat. § 13-2544 — NE Code / Chapter 13 / Section 13-2544
View Statute 13-2544
Status: in_force

For a period of thirty days after such publication, any interested person shall have the right to contest the legality of such resolution or proceeding or any bonds which may be authorized thereby, any provisions made for the security and payment of such bonds, or any contract of purchase, sale, or lease relating to the issuance of such bonds. After such time no one shall have any cause of action to contest the regularity, formality, or legality thereof for any cause whatsoever.

Laws 1999, LB 87, § 44.
Neb. Rev. Stat. § 53-103.18 — NE Code / Chapter 53 / Section 53-103.18
View Statute 53-103.18
Status: in_force

Manager means a person appointed by a corporation or limited liability company to oversee the daily operation of the business licensed in Nebraska. A manager shall meet all the requirements of the Nebraska Liquor Control Act as though he or she were the applicant, including residency.

Laws 2010, LB861, § 26;

Laws 2016, LB1105, § 7.
Neb. Rev. Stat. § 70-1906 — NE Code / Chapter 70 / Section 70-1906
View Statute 70-1906
Status: in_force

The governing body of an electric supplier that has determined a need to construct new renewable generation facilities shall take reasonable steps to determine if one or more C-BED projects are available and are technically, economically, and operationally feasible to provide some or all of the identified generation need.

Laws 2007, LB629, § 6;

Laws 2016, LB736, § 4.
Neb. Rev. Stat. § 81-2024 — NE Code / Chapter 60 / Section 81-2024
81-2024
Status: in_force

The system may sue or be sued in the name of the system, and in all actions brought by or against it, the system shall be represented by the Attorney General.

Laws 1947, c. 211, § 11, p. 690;

R.S.1943, (1978), § 60-451;

Laws 1996, LB 847, § 36.
Neb. Rev. Stat. § 45-1203 — NE Code / Chapter 45 / Section 45-1203
View Statute 45-1203
Status: in_force

(1) When a contractor has performed work in accordance with the provisions of a contract with an owner, the owner shall pay the contractor within thirty days after receipt by the owner or the owner's representative of a payment request made pursuant to the contract.

(2) When a subcontractor has performed work in accordance with the provisions of a subcontract and all conditions precedent to payment contained in the subcontract have been satisfied, the contractor shall pay the subcontractor and the subcontractor shall pay his, her, or its subcontractor, within ten days after receipt by the contractor or subcontractor of each periodic or final payment, the full amount received for the subcontractor's work and materials based on work completed or service provided under the subcontract for which the subcontractor has properly requested payment, if the subcontractor provides or has provided satisfactory and reasonable assurances of continued performance and financial responsibility to complete the work.

(3) The owner or the owner's representative shall release and pay all retainage for work completed in accordance with the provisions of the contract within forty-five days after the project, or a designated portion thereof, is substantially complete. When a subcontractor has performed work in accordance with the provisions of a subcontract and all conditions precedent to payment contained in the subcontract have been satisfied, the contractor shall pay all retainage due such subcontractor within ten days after receipt of the retainage.

Laws 2010, LB552, § 3;

Laws 2014, LB961, § 6.
Neb. Rev. Stat. § 30-518 — NE Code / Chapter 30 / Section 30-518
View Statute 30-518
Status: in_force

The Revised Uniform Fiduciary Access to Digital Assets Act (2015) modifies, limits, or supersedes the federal Electronic Signatures in Global and National Commerce Act, 15 U.S.C. 7001 et seq., but does not modify, limit, or supersede section 101(c) of that act, 15 U.S.C. 7001(c), or authorize electronic delivery of any of the notices described in section 103(b) of that act, 15 U.S.C. 7003(b).

Laws 2016, LB829, § 18.