FrankGoortani/open-us-law huggingface dataset:
Neb. Rev. Stat. § 69-2307 — NE Code / Chapter 69 / Section 69-2307
View Statute 69-2307
Status: in_force

(1) A landlord shall release personal property left on the vacated premises to the former tenant or to any person reasonably believed by the landlord to be the owner if such tenant or other person pays the reasonable costs of storage and advertising and takes possession of the property not later than the date specified in the notice for taking possession.

(2) When personal property is not released pursuant to subsection (1) of this section and the notice has stated that the personal property will be sold at a public sale, the landlord shall release the personal property to the former tenant or other person if he or she claims the property prior to sale and pays the reasonable costs of storage, advertising, and preparation for sale incurred prior to such claim and payment.

Laws 1991, LB 36, § 7.

Giving the word "former" its plain and ordinary meaning, "former tenant" under this section includes any past tenant to whom the property may have belonged. Pan v. IOC Realty Specialist, 301 Neb. 256, 918 N.W.2d 273 (2018).

Giving the word "former" its plain and ordinary meaning, "former tenant" under this section includes any past tenant to whom the property may have belonged. Pan v. IOC Realty Specialist, 301 Neb. 256, 918 N.W.2d 273 (2018).

Reading this section in conjunction with section 69-2312, a landlord would not be required to relinquish property to any party that is either (1) not a former tenant or (2) not a person who is reasonably believed by the landlord to be the owner of the personal property at issue. Pan v. IOC Realty Specialist, 301 Neb. 256, 918 N.W.2d 273 (2018).

Reading this section in conjunction with section 69-2312, a landlord would not be required to relinquish property to any party that is either (1) not a former tenant or (2) not a person who is reasonably believed by the landlord to be the owner of the personal property at issue. Pan v. IOC Realty Specialist, 301 Neb. 256, 918 N.W.2d 273 (2018).

The purpose of this section is to protect landlords from liability to the owners of personal property when the landlord erroneously surrenders property to a party other than the true owner but who the landlord reasonably believed was the owner. Conversely, if the requesting party is not a former tenant or a person that the landlord reasonably believes owns the personal property, the landlord would not be protected from liability under this section. Pan v. IOC Realty Specialist, 301 Neb. 256, 918 N.W.2d 273 (2018).

The purpose of this section is to protect landlords from liability to the owners of personal property when the landlord erroneously surrenders property to a party other than the true owner but who the landlord reasonably believed was the owner. Conversely, if the requesting party is not a former tenant or a person that the landlord reasonably believes owns the personal property, the landlord would not be protected from liability under this section. Pan v. IOC Realty Specialist, 301 Neb. 256, 918 N.W.2d 273 (2018).
Neb. Rev. Stat. § 37-476 — NE Code / Chapter 37 / Section 37-476
View Statute 37-476
Status: in_force

Except as otherwise specifically provided, any person violating any of the provisions of sections 37-465 to 37-475 shall be guilty of a Class V misdemeanor.

Laws 1929, c. 112, VII, § 12, p. 441;

C.S.1929, § 37-712;

R.S.1943, § 37-712;

Laws 1977, LB 40, § 203;

R.S.1943, (1993), § 37-712;

Laws 1998, LB 922, § 186;

Laws 1999, LB 176, § 55.
Neb. Rev. Stat. § 12-1202 — NE Code / Chapter 12 / Section 12-1202
View Statute 12-1202
Status: in_force

The Legislature hereby finds and declares that:

(1) Human burial sites which do not presently resemble well-tended and well-marked cemeteries are subject to a higher degree of vandalism and inadvertent destruction than well-tended and well-marked cemeteries;

(2) Although existing law prohibits removal, concealment, or abandonment of any dead human body and provides for the care and maintenance of abandoned or neglected cemeteries and pioneer cemeteries, additional statutory guidelines and protections are in the public interest;

(3) Existing law on cemeteries reflects the value placed on preserving human burial sites but does not clearly provide equal and adequate protection or incentives to assure preservation of all human burial sites in this state;

(4) An unknown number of unmarked human burial sites containing the remains of pioneers, settlers, and Indians are scattered throughout the state;

(5) No adequate procedure regarding the treatment and disposition of human skeletal remains from unmarked graves exists to protect the interests of relatives or other interested persons; and

(6) There are scientific, educational, religious, and cultural interests in the remains of our ancestors and those interests, whenever possible, should be served.

Laws 1989, LB 340, § 2;

Laws 2008, LB995, § 8.
Neb. Rev. Stat. § 28-1313 — NE Code / Chapter 28 / Section 28-1313
View Statute 28-1313
Status: in_force

(1) A person commits unlawfully using a white cane or guide dog if he is not blind as defined by law and carries, displays, or otherwise makes use of a white cane or guide dog.

(2) Such use of a white cane or the use of a guide dog by a person shall be officially recognized as an indication that the bearer is blind.

(3) Unlawful use of a white cane or guide dog is a Class III misdemeanor.

Laws 1977, LB 38, § 297.
Neb. Rev. Stat. § 32-1415 — NE Code / Chapter 32 / Section 32-1415
View Statute 32-1415
Status: in_force

If an initiative or referendum is approved by the voters at the general election, the copies of the initiative or referendum petition filed with the Secretary of State and a certified copy of the Governor's proclamation declaring the measure approved by the people shall be identified and preserved. The Secretary of State shall cause every measure approved by the people to be printed with the general laws enacted by the next session of the Legislature with the date of the Governor's proclamation declaring the same to have been approved by the people.

Laws 1994, LB 76, § 397.
Neb. Rev. Stat. § 38-1065 — NE Code / Chapter 71 / Section 38-1065
38-1065
Status: in_force

(1) Examinations approved by the board may be national standardized examinations, but in all cases the examinations shall be related to the knowledge and skills necessary to perform the practices being examined and shall be related to the curricula required to be taught in schools of cosmetology, schools of esthetics, or schools of electrolysis.

(2) Practical examinations may be offered as either written or hands-on and shall be conducted in such a manner that the identity of the applicant is not disclosed to the examiners in any way.

(3) In order to successfully complete the examination, an applicant shall obtain an average grade of seventy-five percent on all examinations.

Laws 1986, LB 318, § 51;

Laws 1987, LB 543, § 8;

Laws 1995, LB 83, § 24;

Laws 1997, LB 307, § 134;

R.S.1943, (2003), § 71-390;

Laws 2007, LB296, § 366;

Laws 2007, LB463, § 327;

Laws 2018, LB731, § 18.
Neb. Rev. Stat. § 44-3825 — NE Code / Chapter 44 / Section 44-3825
View Statute 44-3825
Status: in_force

In addition to an annual statement, the director may require of corporations, under oath and in the form prescribed by the director, such additional regular or special reports as the director may deem necessary to the proper supervision of corporations under sections 44-3801 to 44-3826 .

Laws 1982, LB 139, § 25.
Neb. Rev. Stat. § 25-533 — NE Code / Chapter 25 / Section 25-533
View Statute 25-533
Status: in_force

No levy of attachment or execution on real estate issued from any other county shall be notice to a subsequent vendee or encumbrancer in good faith, unless the sheriff has filed a notice on the record that the land, describing it, has been so attached or levied on, the cause in which it was so attached, and when it was done.

Laws 1895, c. 73, § 2, p. 314;

R.S.1913, § 7653;

C.S.1922, § 8597;

C.S.1929, § 20-533;

R.S.1943, § 25-533;

Laws 2018, LB193, § 8.
Neb. Rev. Stat. § 37-324 — NE Code / Chapter 37 / Section 37-324
View Statute 37-324
Status: in_force

(1) The funds derived from the sale of permits and publications as provided in the Game Law, any unexpended balance now on hand from the sale of hunting, fur-harvesting, and fishing permits, and all money required by the Game Law to be paid into the State Game Fund are hereby appropriated to the use of the commission (a) for the propagation, importation, protection, preservation, and distribution of game and fish and necessary equipment therefor and all things pertaining thereto, (b) for the creation of cash funds under section 37-326 , (c) for the administration and enforcement of the State Boat Act, (d) for boating safety educational programs, (e) for the construction and maintenance of boating and docking facilities, navigation aids, and access to boating areas and such other uses which will promote the safety and convenience of the boating public in Nebraska, (f) for payment of claims by landowners in Nebraska for property damage caused by deer, antelope, or elk, if such payment is in compliance with federal laws and regulations, and (g) for publishing costs for publications relating to topics listed in subdivisions (a) and (b) of this subsection and other topics of general interest to the state as approved by the commission. An amount equal to two dollars from each annual resident fishing permit and two dollars from each combination hunting and fishing permit sold in this state shall be used by the commission for the administration, construction, operation, and maintenance of fish hatcheries and for the distribution of fish.

(2) Expenditures for publications on topics of general interest to the state shall not exceed the income derived from single-copy and subscription sales of commission publications and advertising revenue from such publications.

Laws 1929, c. 112, II, § 12, p. 412;

C.S.1929, § 37-212;

Laws 1935, c. 82, § 1, p. 271;

Laws 1943, c. 94, § 4, p. 324;

R.S.1943, § 37-212;

Laws 1959, c. 153, § 1, p. 579;

Laws 1965, c. 196, § 1, p. 596;

Laws 1976, LB 717, § 1;

Laws 1981, LB 72, § 7;

Laws 1987, LB 105, § 3;

Laws 1987, LB 785, § 1;

Laws 1989, LB 34, § 10;

R.S.1943, (1993), § 37-212;

Laws 1998, LB 922, § 82;

Laws 2003, LB 305, § 2;

Laws 2023, LB818, § 8.

State Boat Act, see section 37-1201 .

Section sustained as constitutional since license fees are imposed by the state itself. Wilcox v. Havekost, 144 Neb. 562, 13 N.W.2d 899 (1944).

Section sustained as constitutional since license fees are imposed by the state itself. Wilcox v. Havekost, 144 Neb. 562, 13 N.W.2d 899 (1944).
Neb. Rev. Stat. § 55-425 — NE Code / Chapter 55 / Section 55-425
View Statute 55-425
Status: in_force

(1) No member of a court-martial may be absent or excused after the court has been assembled for the trial of the accused except for physical disability or as a result of a challenge or by order of the convening authority for good cause.

(2) Whenever a court-martial other than a court-martial composed of a military judge only is reduced below three members, the trial may not proceed unless the convening authority details new members sufficient in number to provide not less than three members. The trial may proceed with the new members present after the recorded evidence previously introduced before the members of the court has been read to the court in the presence of the military judge, the accused, and counsel for both sides.

(3) If the military judge of a court-martial composed of a military judge only is unable to proceed with the trial because of physical disability, as a result of a challenge, or for other good cause, the trial shall proceed, subject to any applicable conditions of section 55-426 , after the detail of a new military judge as if no evidence had previously been introduced, unless a verbatim record of the evidence previously introduced or a stipulation thereof is read in court in the presence of the new military judge, the accused, and counsel for both sides.

Laws 1969, c. 458, § 25, p. 1565.
Neb. Rev. Stat. § 18-610 — NE Code / Chapter 18 / Section 18-610
View Statute 18-610
Status: in_force

The original ordinance authorizing construction of subways or viaducts as provided in section 18-601 shall also give notice of an election to authorize issuance of bonds, for such amount as may be necessary to pay for right-of-way and damages. A majority of those voting shall be sufficient to carry authority to issue bonds, as provided in sections 18-610 to 18-612 . A failure to approve the issue of bonds shall cancel all proceedings, except that in that event, the city or village shall pay the cost of survey and preparation of plans and specifications that have been filed and may levy a tax for that purpose.

Laws 1935, Spec. Sess., c. 34, § 10, p. 199;

C.S.Supp.,1941, § 18-1910;

R.S.1943, § 18-610;

Laws 1951, c. 101, § 62, p. 476;

Laws 1971, LB 534, § 23;

Laws 2021, LB163, § 47.
Neb. Rev. Stat. § 28-720.01 — NE Code / Chapter 28 / Section 28-720.01
View Statute 28-720.01
Status: in_force

All reports of child abuse or neglect which are not under subdivision (1)(a), (b), or (c) of section 28-720 shall be considered unfounded and shall be maintained only in the tracking system of child protection cases pursuant to section 28-715 and not in the central registry of child protection cases maintained pursuant to section 28-718 .

Laws 2005, LB 116, § 12;

Laws 2014, LB853, § 10;

Laws 2015, LB292, § 3.
Neb. Rev. Stat. § 45-104.02 — NE Code / Chapter 45 / Section 45-104.02
View Statute 45-104.02
Status: in_force

(1) Unless otherwise specifically provided, the interest rate assessed on delinquent payments of any taxes or special assessments owing to the State of Nebraska shall be assessed at a rate of fourteen percent per annum through December 31, 1992, and at the per annum rate determined pursuant to subsection (2) of this section after such date.

(2) Commencing January 1, 1993, the interest rate assessed pursuant to subsection (1) of this section shall be redetermined every other year. The rate shall be determined by the Tax Commissioner and shall be equal to the average short-term borrowing rate for the federal government during July of the previous year rounded to the nearest whole percentage point plus three percentage points. If the new rate does not increase or decrease the old rate by at least two percentage points, the old rate shall continue in effect.

(3)(a) The rate determined pursuant to subsection (2) of this section shall apply for the period from its effective date through the date of payment or up to the effective date of the succeeding new rate, whichever is earlier.

(b) Interest on taxes or special assessments shall be calculated using the different rates which are effective over the period of delinquency.

(c) For any taxes or special assessments that were delinquent and unpaid on or before December 31, 1992, the interest rate shall be fourteen percent per annum through December 31, 1992.

(4) For any credits or refunds of taxes or special assessments on which interest is to be determined at the rate specified in this section, the calculation of interest shall use the same rates for the same periods that are used for interest on delinquent payments.

(5) For refunds applied for on or after May 1, 1993, for any taxes that were overpaid as of December 31, 1992, the interest rate shall be seven percent per annum from the date of overpayment through December 31, 1992.

Laws 1992, Fourth Spec. Sess., LB 1, § 5;

Laws 1993, LB 345, § 2.

Absent evidence in the record about what the rate should be, an appellate court cannot rule that the rate used by the trial judge was wrong. Holman v. Papio-Missouri River Nat. Resources Dist., 246 Neb. 787, 523 N.W.2d 510 (1994).

Absent evidence in the record about what the rate should be, an appellate court cannot rule that the rate used by the trial judge was wrong. Holman v. Papio-Missouri River Nat. Resources Dist., 246 Neb. 787, 523 N.W.2d 510 (1994).
Neb. Rev. Stat. § 53-103.10 — NE Code / Chapter 53 / Section 53-103.10
View Statute 53-103.10
Status: in_force

Commission means the Nebraska Liquor Control Commission.

Laws 2010, LB861, § 18.
Neb. Rev. Stat. § 39-2306 — NE Code / Chapter 39 / Section 39-2306
View Statute 39-2306
Status: in_force

(1) Any person desiring to be issued a Class B license under section 39-2308 shall apply to the board of examiners upon forms prescribed and furnished by the board. Such application shall be accompanied by an application fee of twenty-five dollars.

(2) Any professional engineer licensed pursuant to the Engineers and Architects Regulation Act shall be entitled to a Class B license under section 39-2308 without examination.

Laws 1969, c. 144, § 6, p. 667;

Laws 1997, LB 622, § 61;

Laws 1997, LB 752, § 94;

Laws 2003, LB 500, § 6;

Laws 2021, LB174, § 7.

Engineers and Architects Regulation Act, see section 81-3401 .
Neb. Rev. Stat. § 58-273 — NE Code / Chapter 58 / Section 58-273
View Statute 58-273
Status: in_force

(1) For purposes of this section, Olmstead Plan means the comprehensive strategic plan for providing services to individuals with disabilities that was developed in accordance with section 81-6,122 .

(2) In order to help fulfill one of the goals of the Olmstead Plan, the authority shall use its best efforts to obtain state and federal grants for the purpose of building safe, affordable, and accessible housing for individuals with disabilities.

(3) The authority shall collaborate with the Department of Economic Development and the Department of Health and Human Services in obtaining such grants.

Laws 2023, LB92, § 74.
Neb. Rev. Stat. § 44-394 — NE Code / Chapter 44 / Section 44-394
View Statute 44-394
Status: in_force

Any company or person who knowingly violates any provision of this chapter for which no penalty is provided, shall be guilty of a Class III misdemeanor.

Laws 1913, c. 154, § 155, p. 472;

R.S.1913, § 3292;

Laws 1919, c. 190, tit. V, art. XI, § 20, p. 653;

C.S.1922, § 7899;

C.S.1929, § 44-1120;

R.S.1943, § 44-394;

Laws 1977, LB 40, § 237.

An otherwise valid and authorized contract of insurance is not rendered void merely because it has not been approved by the Department of Insurance prior to its issuance. Equity Mut. Ins. Co. v. Allstate Ins. Co., 190 Neb. 515, 209 N.W.2d 592 (1973).

An otherwise valid and authorized contract of insurance is not rendered void merely because it has not been approved by the Department of Insurance prior to its issuance. Equity Mut. Ins. Co. v. Allstate Ins. Co., 190 Neb. 515, 209 N.W.2d 592 (1973).

Rebating is a misdemeanor punishable by fine or imprisonment. Kortright v. Mutual Life Ins. Co., 123 Neb. 746, 243 N.W. 904 (1932).

Rebating is a misdemeanor punishable by fine or imprisonment. Kortright v. Mutual Life Ins. Co., 123 Neb. 746, 243 N.W. 904 (1932).

Both the insurer and the agent may be punished under criminal law for the transfer of a premium note before the policy has been delivered. State Bank v. House, 114 Neb. 681, 209 N.W. 246 (1926).

Both the insurer and the agent may be punished under criminal law for the transfer of a premium note before the policy has been delivered. State Bank v. House, 114 Neb. 681, 209 N.W. 246 (1926).
Neb. Rev. Stat. § 28-1103 — NE Code / Chapter 28 / Section 28-1103
View Statute 28-1103
Status: in_force

(1) A person commits the offense of promoting gambling in the second degree if he or she knowingly advances or profits from any unlawful gambling activity by:

(a) Engaging in bookmaking to the extent that he or she receives or accepts in any one day one or more bets totaling less than one thousand five hundred dollars;

(b) Receiving, in connection with any unlawful gambling scheme or enterprise, less than one thousand five hundred dollars of money played in the scheme or enterprise in any one day; or

(c) Betting something of value in an amount of five hundred dollars or more with one or more persons in one day.

(2) Promoting gambling in the second degree is a Class II misdemeanor.

Laws 1977, LB 38, § 219;

Laws 1979, LB 152, § 3;

Laws 2015, LB605, § 51.
Neb. Rev. Stat. § 43-3305.01 — NE Code / Chapter 43 / Section 43-3305.01
View Statute 43-3305.01
Status: in_force

Department means the Department of Health and Human Services.

Laws 1999, LB 594, § 29;

Laws 2007, LB296, § 153.
Neb. Rev. Stat. § 48-1908 — NE Code / Chapter 48 / Section 48-1908
View Statute 48-1908
Status: in_force

(1) It shall be unlawful to provide, acquire, or use body fluids for the purpose of altering the results of any test to determine the presence of drugs or alcohol.

(2) Any employee who violates subsection (1) of this section may be subjected to the same discipline as if the employee had refused the directive of the employer to provide a body fluid or breath sample.

(3) Any person, including an employee, who violates subsection (1) of this section shall be guilty of a Class I misdemeanor.

Laws 1988, LB 582, § 8.
Neb. Rev. Stat. § 38-803 — NE Code / Chapter 71 / Section 38-803
38-803
Status: in_force

An accredited college of chiropractic means (1) one which is approved by the board, (2) a legally chartered college of chiropractic requiring for admission a diploma from an accredited high school or its equivalent and, beginning with students entering a college of chiropractic on or after January 1, 1974, at least two years credit from an accredited college or university of this or some other state, which requirement shall be regularly published in each prospectus or catalog issued by such institution, (3) one which conducts a clinic for patients in which its students are required to regularly participate in the care and adjustment of patients, (4) one giving instruction in anatomy, orthopedics, physiology, embryology, chemistry, pathology, health ecology, bacteriology, symptomatology, histology, spinal analysis, diagnosis, roentgenology, neurology, and principles and practice of chiropractic, and (5) one requiring an actual attendance for four college years totaling not less than four thousand hours.

Laws 1927, c. 167, § 79, p. 475;

C.S.1929, § 71-1104;

R.S.1943, § 71-180;

Laws 1945, c. 163, § 1, p. 528;

Laws 1973, LB 115, § 1;

Laws 1996, LB 1044, § 405;

Laws 1999, LB 828, § 67;

R.S.1943, (2003), § 71-180;

Laws 2007, LB463, § 244.
Neb. Rev. Stat. § 60-474 — NE Code / Chapter 60 / Section 60-474
View Statute 60-474
Status: in_force

Operator's or driver's license shall mean any license or permit to operate a motor vehicle issued under the laws of this state, including:

(1) Any replacement license or instruction permit;

(2) The privilege of any person to drive a motor vehicle whether such person holds a valid license;

(3) Any nonresident's operating privilege which shall mean the privilege conferred upon a nonresident by the laws of this state pertaining to the operation of a motor vehicle in this state by such person or the use in this state of a vehicle owned by such person;

(4) An employment driving permit issued as provided by sections 60-4,129 and 60-4,130 ; and

(5) A medical hardship driving permit issued as provided by sections 60-4,130.01 and 60-4,130.02 .

Laws 1989, LB 285, § 24;

Laws 1993, LB 105, § 5;

Laws 1993, LB 370, § 69;

Laws 2014, LB777, § 2.