FrankGoortani/open-us-law huggingface dataset:
Neb. Rev. Stat. § 29-404.03 — NE Code / Chapter 29 / Section 29-404.03
View Statute 29-404.03
Status: in_force

In determining whether reasonable cause exists to justify an arrest, a law enforcement officer may take into account all facts and circumstances, including those based upon any expert knowledge or experience which the officer in fact possessed, which a prudent officer would judge relevant to the likelihood that a crime has been committed and that the person to be arrested has committed it, and for such purpose the officer may rely on information he receives from any informant whom it is reasonable under the circumstances to credit, whether or not at the time of making the arrest the officer knows the informant's identity.

Laws 1967, c. 172, § 3, p. 487.

Police may consider an anonymous tip, along with other facts and circumstances, in determining whether reasonable cause for an arrest exists. Where anonymous tip identified robber as a black male, 6 feet 1 inch tall, 28 years old, with a red eye, known as "Tony," who could be found at a certain address; eyewitnesses identified robber as black male with a red eye; neighbors of specified address described defendant's car; and defendant was a black male, 6 feet 3 inches tall, 29 years old, found at an address where the described car was parked, and named Tony, reasonable cause for arrest existed. State v. Haynie, 239 Neb. 478, 476 N.W.2d 905 (1991).

Police may consider an anonymous tip, along with other facts and circumstances, in determining whether reasonable cause for an arrest exists. Where anonymous tip identified robber as a black male, 6 feet 1 inch tall, 28 years old, with a red eye, known as "Tony," who could be found at a certain address; eyewitnesses identified robber as black male with a red eye; neighbors of specified address described defendant's car; and defendant was a black male, 6 feet 3 inches tall, 29 years old, found at an address where the described car was parked, and named Tony, reasonable cause for arrest existed. State v. Haynie, 239 Neb. 478, 476 N.W.2d 905 (1991).

The totality of the circumstances, including a suspect's attempt to flee from a police officer, established reasonable or probable cause that the suspect was driving while his driver's license was still under suspension, which was a misdemeanor; thus, the officer had probable cause to arrest the suspect. Newton v. Huffman, 10 Neb. App. 390, 632 N.W.2d 344 (2001).

The totality of the circumstances, including a suspect's attempt to flee from a police officer, established reasonable or probable cause that the suspect was driving while his driver's license was still under suspension, which was a misdemeanor; thus, the officer had probable cause to arrest the suspect. Newton v. Huffman, 10 Neb. App. 390, 632 N.W.2d 344 (2001).
Neb. Rev. Stat. § 29-431 — NE Code / Chapter 29 / Section 29-431
View Statute 29-431
Status: in_force

As used in sections 28-416 , 29-422 , 29-424 , 29-425 , 29-431 to 29-434 , 48-1231 , and 53-173 , unless the context otherwise requires, infraction means the violation of any law, ordinance, order, rule, or regulation, not including those related to traffic, which is not otherwise declared to be a misdemeanor or a felony. Infraction includes violations of section 60-6,267 and beginning January 1, 2024, section 60-6,279 .

Laws 1978, LB 808, § 1;

Laws 1979, LB 534, § 1;

Laws 1983, LB 306, § 1;

Laws 1993, LB 370, § 14;

Laws 2010, LB884, § 1;

Laws 2015, LB330, § 1;

Laws 2023, LB138, § 3.

Child passenger restraint system, violation, see sections 60-6,267 , 60-6,268 , and 71-1907 .
Neb. Rev. Stat. § 48-906 — NE Code / Chapter 48 / Section 48-906
View Statute 48-906
Status: in_force

Any person injured or threatened with injury in his business, property or person by reason of any commission or threat of an unlawful act as provided in section 48-903 may, if the remedy provided by section 48-905 be inadequate, obtain injunctive relief, including temporary relief pending trial upon showing of an emergency, in the district courts of this state in accordance with the statutes, rules and practices applicable in other civil cases.

Laws 1959, c. 231, § 6, p. 809.
Neb. Rev. Stat. § 53-166.03 — NE Code / Chapter 53 / Section 53-166.03
View Statute 53-166.03
Status: in_force

Note: The Revisor of Statutes, as authorized by section 49-705, has omitted sections 53-166.01 to 53-166.17, which the Supreme Court has held to be unconstitutional. United States Brewers' Assn., Inc. v. State, 192 Neb. 328, 220 N.W.2d 544 (1974).
Neb. Rev. Stat. § 71-2002 — NE Code / Chapter 71 / Section 71-2002
View Statute 71-2002
Status: in_force

For purposes of the State Hospital Survey and Construction Act:

(1) Department shall mean the Department of Health and Human Services;

(2) The federal act shall mean, but is not restricted to, Public Law 88-156 , Public Law 88-164 , Public Law 88-581 , Public Law 88-443 , and other measures of similar intent which have been, or may in the future be, passed by the Congress of the United States;

(3) The Surgeon General shall mean the Surgeon General of the Public Health Service of the United States or such other federal office or agency responsible for the administration of the federal Hospital Survey and Construction Act, 42 U.S.C. 291 and amendments thereto;

(4) Hospital includes, but is not restricted to, facilities or parts of facilities, which provide space for public health centers, mental health clinics, and general, tuberculosis, mental, long-term care, and other types of hospitals, and related facilities, such as homes for the aged or infirm, laboratories, out-patient departments, nurses' home and educational facilities, and central service facilities operated in connection with hospitals;

(5) Public health center shall mean a publicly owned facility for providing public health services, including related facilities such as laboratories, clinics, and administrative offices operated in connection with public health centers; and

(6) Nonprofit hospital shall mean any hospital owned and operated by a corporation or association, no part of the net earnings of which inures, or may lawfully inure, to the benefit of any private shareholder or individual.

Laws 1947, c. 232, § 2, p. 733;

Laws 1965, c. 421, § 1, p. 1349;

Laws 1971, LB 753, § 1;

Laws 1996, LB 1044, § 593;

Laws 2007, LB296, § 507.
Neb. Rev. Stat. § 44-6604 — NE Code / Chapter 44 / Section 44-6604
View Statute 44-6604
Status: in_force

For purposes of the Insurance Fraud Act, a person or entity commits a fraudulent insurance act if he or she:

(1) Knowingly and with intent to defraud or deceive presents, causes to be presented, or prepares with knowledge or belief that it will be presented to or by an insurer, or any agent of an insurer, any statement as part of, in support of, or in denial of a claim for payment or other benefit from an insurer or pursuant to an insurance policy knowing that the statement contains any false, incomplete, or misleading information concerning any fact or thing material to a claim;

(2) Assists, abets, solicits, or conspires with another to prepare or make any statement that is intended to be presented to or by an insurer or person in connection with or in support of any claim for payment or other benefit from an insurer or pursuant to an insurance policy knowing that the statement contains any false, incomplete, or misleading information concerning any fact or thing material to the claim;

(3) Makes any false or fraudulent representations as to the death or disability of a policy or certificate holder or a covered person in any statement or certificate for the purpose of fraudulently obtaining money or benefit from an insurer;

(4) Knowingly and willfully transacts any contract, agreement, or instrument which violates this section;

(5) Receives money for the purpose of purchasing insurance and converts the money to the person's own benefit;

(6) Willfully embezzles, abstracts, purloins, misappropriates, or converts money, funds, premiums, credits, or other property of an insurer or person engaged in the business of insurance;

(7) Knowingly and with intent to defraud or deceive issues or possesses fake or counterfeit insurance policies, certificates of insurance, insurance identification cards, or insurance binders;

(8) Knowingly and with intent to defraud or deceive makes any false entry of a material fact in or pertaining to any document or statement filed with or required by the department;

(9) Knowingly and with intent to defraud or deceive removes, conceals, alters, diverts, or destroys assets or records of an insurer or person engaged in the business of insurance or attempts to remove, conceal, alter, divert, or destroy assets or records of an insurer or person engaged in the business of insurance;

(10) Knowingly and with the intent to defraud or deceive provides false, incomplete, or misleading information to an insurer concerning the number, location, or classification of employees for the purpose of lessening or reducing the premium otherwise chargeable for workers' compensation insurance coverage;

(11) Willfully operates as or aids and abets another operating as a discount medical plan organization in violation of subsection (1) of section 44-8306 ; or

(12) Willfully collects fees for purported membership in a discount medical plan but purposefully fails to provide the promised benefits.

Laws 1995, LB 385, § 4;

Laws 1997, LB 272, § 3;

Laws 2002, LB 547, § 3;

Laws 2008, LB855, § 32;

Laws 2009, LB208, § 2.
Neb. Rev. Stat. § 2-3610 — NE Code / Chapter 2 / Section 2-3610
View Statute 2-3610
Status: in_force

Corn shall not include popcorn or sweet corn.

Laws 1978, LB 639, § 10.
Neb. Rev. Stat. § 22-413 — NE Code / Chapter 22 / Section 22-413
View Statute 22-413
Status: in_force

An officer of the consolidated counties shall file the same bond required of the same office in a county having a population equivalent to the population of the consolidated counties. Such bond shall be filed in the office of the county clerk of the county designated to make actual payment of his salary and approved by the board of such county. The fact of such filing and approval shall be certified to the county clerk of each of the other consolidated counties.

Laws 1969, c. 139, § 6, p. 640;

Laws 1971, LB 44, § 7.
Neb. Rev. Stat. § 35-514.02 — NE Code / Chapter 35 / Section 35-514.02
View Statute 35-514.02
Status: in_force

(1) A rural or suburban fire protection district may establish an emergency medical service, including the provision of scheduled or unscheduled ambulance service, or provide fire protection service either within or without the district, may enter into agreements under the Interlocal Cooperation Act and the Joint Public Agency Act for the purpose of establishing an emergency medical service or providing fire protection service, may contract with any city, person, firm, corporation, or other fire protection district to provide such services, may expend funds of the district, and may charge a reasonable fee to the user. Before any such services are established under the authority of this section, the rural or suburban fire protection district shall hold a public hearing after giving at least ten days' notice, which notice shall include a brief summary of the general plan for establishing the emergency medical service or providing fire protection service, including an estimate of the initial cost and the possible continuing cost of operating the emergency medical service or fire protection service. If the board after such hearing determines that an emergency medical service or fire protection service is needed, it may proceed as authorized in this section. The authority granted in this section shall be cumulative and supplementary to any existing powers heretofore granted.

(2) Any fire protection district providing any service under this section may pay the cost for the service out of available funds or may levy a tax for the purpose of supporting an emergency medical service or providing fire protection service, which levy shall be in addition to any other tax for such fire protection district and shall be subject to (a) subsection (10) of section 77-3442 if the fire protection district has levy authority pursuant to subsection (10) of section 77-3442 or (b) section 77-3443 if the fire protection district does not have levy authority pursuant to subsection (10) of section 77-3442 .

(3) When a fire protection district levies a tax for the purpose of supporting an emergency medical service, the taxpayers of such district shall be exempt from any tax levied under section 13-303 .

(4) The board of a fire protection district which provides fire protection service outside of the district may charge a political subdivision with which the district has entered into an agreement for such service on a per-call basis for such service.

Laws 1967, c. 205, § 2, p. 562;

Laws 1978, LB 560, § 3;

Laws 1988, LB 1159, § 1;

Laws 1996, LB 1114, § 56;

Laws 1997, LB 138, § 37;

Laws 1999, LB 87, § 69;

Laws 2001, LB 808, § 4;

Laws 2015, LB325, § 5.

Interlocal Cooperation Act, see section 13-801 .

Joint Public Agency Act, see section 13-2501 .

Other provisions regarding contracts for fire protection, see sections 13-303 , 13-318 , 18-1707 , and 18-1709 .
Neb. Rev. Stat. § 71-807 — NE Code / Chapter 71 / Section 71-807
View Statute 71-807
Status: in_force

Six behavioral health regions are established, consisting of the following counties:

(1) Region 1 shall consist of Sioux, Dawes, Box Butte, Sheridan, Scotts Bluff, Morrill, Garden, Banner, Kimball, Cheyenne, and Deuel counties;

(2) Region 2 shall consist of Grant, Hooker, Thomas, Arthur, McPherson, Logan, Keith, Lincoln, Perkins, Chase, Hayes, Frontier, Dawson, Gosper, Dundy, Hitchcock, and Red Willow counties;

(3) Region 3 shall consist of Blaine, Loup, Garfield, Wheeler, Custer, Valley, Greeley, Sherman, Howard, Buffalo, Hall, Phelps, Kearney, Adams, Clay, Furnas, Harlan, Hamilton, Merrick, Franklin, Webster, and Nuckolls counties;

(4) Region 4 shall consist of Cherry, Keya Paha, Boyd, Brown, Rock, Holt, Knox, Cedar, Dixon, Dakota, Thurston, Wayne, Pierce, Antelope, Boone, Nance, Madison, Stanton, Cuming, Burt, Colfax, and Platte counties;

(5) Region 5 shall consist of Polk, Butler, Saunders, Seward, Lancaster, Otoe, Fillmore, Saline, Thayer, Jefferson, Gage, Johnson, Nemaha, Pawnee, York, and Richardson counties; and

(6) Region 6 shall consist of Dodge, Washington, Douglas, Sarpy, and Cass counties.

Laws 2004, LB 1083, § 7.
Neb. Rev. Stat. § 43-1315 — NE Code / Chapter 43 / Section 43-1315
View Statute 43-1315
Status: in_force

In reviewing the foster care status and permanency plan of a child and in determining its order for disposition, the court shall continue placement outside the home upon a written determination that return of the child to his or her home would be contrary to the welfare of such child and that reasonable efforts to preserve and reunify the family, if required under section 43-283.01 , have been made. In making this determination, the court shall consider the goals of the foster care placement and the safety and appropriateness of the foster care plan or permanency plan established pursuant to section 43-1312 .

Laws 1982, LB 714, § 15;

Laws 1987, LB 635, § 4;

Laws 1998, LB 1041, § 42.

The Legislature intended that the issue of reasonable efforts required under section 43-283.01 must be reviewed by the juvenile court (1) when removing from the home a juvenile adjudged to be under subsections (3) or (4) of section 43-247 pursuant to section 43-284, (2) when the court continues a juvenile's out-of-home placement pending adjudication pursuant to section 43-254, (3) when the court reviews a juvenile's status and permanency planning pursuant to this section, and (4) when termination of parental rights to a juvenile is sought by the State under subsection (6) of section 43-292. In re Interest of DeWayne G., Jr. & Devon G., 263 Neb. 43, 638 N.W.2d 510 (2002).

The Legislature intended that the issue of reasonable efforts required under section 43-283.01 must be reviewed by the juvenile court (1) when removing from the home a juvenile adjudged to be under subsections (3) or (4) of section 43-247 pursuant to section 43-284, (2) when the court continues a juvenile's out-of-home placement pending adjudication pursuant to section 43-254, (3) when the court reviews a juvenile's status and permanency planning pursuant to this section, and (4) when termination of parental rights to a juvenile is sought by the State under subsection (6) of section 43-292. In re Interest of DeWayne G., Jr. & Devon G., 263 Neb. 43, 638 N.W.2d 510 (2002).

This section only applies to situations where the foster care status of a child is being reviewed, not all orders which are dispositional in nature. In re Interest of Gloria F., 254 Neb. 531, 577 N.W.2d 296 (1998).

This section only applies to situations where the foster care status of a child is being reviewed, not all orders which are dispositional in nature. In re Interest of Gloria F., 254 Neb. 531, 577 N.W.2d 296 (1998).
Neb. Rev. Stat. § 42-907 — NE Code / Chapter 42 / Section 42-907
View Statute 42-907
Status: in_force

The department shall provide emergency services which shall consist of up to seventy-two hours of crisis intervention services including:

(1) Constant access and intake to services;

(2) Immediate transportation from a victim's home or other location to a hospital or a place of safety;

(3) Immediate medical services or first aid;

(4) Emergency legal counseling and referral;

(5) Crisis counseling to provide support and assurance of safety;

(6) Emergency financial aid; and

(7) Safe living environments that will provide a supportive, nonthreatening shelter to victims, their families, and household members.

Laws 1978, LB 623, § 7.
Neb. Rev. Stat. § 24-402 — NE Code / Chapter 24 / Section 24-402
View Statute 24-402
Status: in_force

Every clerk appointing a deputy under the provisions of section 24-401 shall be liable for all the official acts of said deputy clerk.

Laws 1879, § 44, p. 92;

R.S.1913, § 1195;

C.S.1922, § 1118;

C.S.1929, § 27-402;

R.S.1943, § 24-402.
Neb. Rev. Stat. § 61-203 — NE Code / Chapter 61 / Section 61-203
View Statute 61-203
Status: in_force

The Chief Water Officer shall adopt a seal. Copies of all records or other instruments related to the duties of the Chief Water Officer in the Department of Water, Energy, and Environment when certified by the Chief Water Officer as true copies and bearing the seal thereof shall be received in any court as prima facie evidence of the original record or instruments.

Laws 1957, c. 365, § 21, p. 1241;

R.S.1943, (1998), § 46-703;

Laws 2000, LB 900, § 3;

Laws 2025, LB317, § 329.
Neb. Rev. Stat. § 13-2018 — NE Code / Chapter 13 / Section 13-2018
View Statute 13-2018
Status: in_force

(1) An effective and efficient program of integrated solid waste management protects the environment and the public and provides the most practical and beneficial use of the solid waste material. While recognizing the continuing necessity for the existence of landfills, alternative methods of managing solid waste and a reduction in the reliance upon land disposal of solid waste are encouraged. In the promotion of these goals, the following solid waste management hierarchy, in descending order of preference, is established as the integrated solid waste management policy of the state:

(a) Volume reduction at the source;

(b) Recycling, reuse, and vegetative waste composting;

(c) Land disposal;

(d) Incineration with energy resource recovery; and

(e) Incineration for volume reduction.

(2) In the implementation of the integrated solid waste management policy, the state shall establish and maintain a cooperative state and local program of project planning and technical assistance to encourage integrated solid waste management.

Laws 1992, LB 1257, § 18.
Neb. Rev. Stat. § 49-1497 — NE Code / Chapter 49 / Section 49-1497
View Statute 49-1497
Status: in_force

(1) For purposes of section 49-1496 , financial institution means:

(a) A bank or banking corporation as defined in section 8-101.03 ;

(b) A federal bank or branch bank;

(c) An insurance company providing a loan on an insurance policy;

(d) A small loan company;

(e) A state or federal savings and loan association or credit union; or

(f) The federal government or any political subdivision thereof.

(2) The res or the income of an irrevocable trust of a member of the individual's immediate family is not required to be reported pursuant to section 49-1496 .

Laws 1976, LB 987, § 97;

Laws 2005, LB 242, § 38;

Laws 2017, LB140, § 158.
Neb. Rev. Stat. § 44-5104 — NE Code / Chapter 44 / Section 44-5104
View Statute 44-5104
Status: in_force

(1) A domestic insurer holding a certificate of authority to do business in this state shall be subject to the Insurers Investment Act. Except as otherwise provided by law, only investments determined to be authorized investments under the act shall be considered admitted assets for purposes of a domestic insurer's financial statements filed with the director pursuant to section 44-322 .

(2) A foreign or alien insurer holding a certificate of authority to do business in this state shall not be subject to the act unless the director notifies such insurer that any of its investments will not be recognized by him or her as an authorized investment for purposes of the act.

Laws 1991, LB 237, § 4;

Laws 1997, LB 273, § 3.
Neb. Rev. Stat. § 54-2952 — NE Code / Chapter 54 / Section 54-2952
View Statute 54-2952
Status: in_force

As used in this section, waste animal products means all meat or other materials derived in whole or in part from animals that are the result of handling, preparing, cooking, or consumption of human food. For purposes of controlling the spread of dangerous diseases of animals, it shall be unlawful for any person to feed waste animal products to animals except as follows:

(1) The material is regulated and approved as feed under the Commercial Feed Act; and

(2) A person may feed waste animal products to his or her own animals so long as such waste animal products are obtained from the person's own household, and the animals so fed, if consumed, are consumed by no one other than the members of that household.

Laws 2020, LB344, § 52.

Commercial Feed Act, see section 54-847 .
Neb. Rev. Stat. § 46-240 — NE Code / Chapter 46 / Section 46-240
View Statute 46-240
Status: in_force

Whenever any person shall desire to divert any of the unappropriated waters of any natural lake or reservoir, or any person shall desire to recover any unappropriated water intentionally stored underground, for irrigation or any other beneficial purpose, for which water has already been appropriated, but for which in times of scarcity no water can be obtained from the appropriation already made therefor, such person may make application therefor and proceed as in cases of original application for appropriation.

An application for recovery of water intentionally stored underground may be made only by an appropriator of record who shows, by documentary evidence, sufficient interest in the underground water storage facility to entitle the applicant to the water requested.

Laws 1919, c. 190, tit. VII, art. V, div. 2, § 28, p. 845;

C.S.1922, § 8447;

C.S.1929, § 81-6328;

R.S.1943, § 46-240;

Laws 1983, LB 198, § 8;

Laws 1985, LB 488, § 4.
Neb. Rev. Stat. § 13-3003 — NE Code / Chapter 13 / Section 13-3003
View Statute 13-3003
Status: in_force

No disciplinary action by any municipality or county may be included in a peace officer's personnel record unless such disciplinary action has been reduced to writing and the peace officer has been given a copy, and no correspondence may be included in a peace officer's personnel record unless the peace officer has been given a copy of the correspondence. The peace officer shall sign a written acknowledgment of receipt for any copy of a disciplinary action. This section does not apply to any municipality or county accredited through the Commission on Accreditation for Law Enforcement Agencies.

Laws 2009, LB158, § 6.