FrankGoortani/open-us-law huggingface dataset:
Neb. Rev. Stat. § 60-463 — NE Code / Chapter 60 / Section 60-463
View Statute 60-463
Status: in_force

For purposes of the Motor Vehicle Operator's License Act, the definitions found in sections 60-463.01 to 60-478 shall be used.

Laws 1989, LB 285, § 13;

Laws 1993, LB 370, § 66;

Laws 1993, LB 420, § 2;

Laws 2001, LB 38, § 6;

Laws 2007, LB415, § 2;

Laws 2008, LB911, § 3;

Laws 2014, LB983, § 4;

Laws 2015, LB231, § 20;

Laws 2016, LB311, § 2;

Laws 2022, LB750, § 47.
Neb. Rev. Stat. § 38-195 — NE Code / Chapter 71 / Section 38-195
38-195
Status: in_force

All costs accrued at the instance of the state when it is the successful party in a proceeding to discipline a credential, which the Attorney General certifies cannot be collected from the defendant, shall be paid out of any available funds in the Professional and Occupational Credentialing Cash Fund.

Laws 1927, c. 167, § 57, p. 468;

C.S.1929, § 71-612;

R.S.1943, § 71-158;

Laws 1996, LB 1044, § 387;

Laws 1997, LB 307, § 119;

Laws 2003, LB 242, § 22;

R.S.1943, (2003), § 71-158;

Laws 2007, LB463, § 95.
Neb. Rev. Stat. § 60-676 — NE Code / Chapter 60 / Section 60-676
View Statute 60-676
Status: in_force

Vehicle shall mean every device in, upon, or by which any person or property is or may be transported or drawn upon a highway except devices moved solely by human power or used exclusively upon stationary rails or tracks.

Laws 1993, LB 370, § 172.
Neb. Rev. Stat. § 57-818 — NE Code / Chapter 57 / Section 57-818
View Statute 57-818
Status: in_force

In all cases where judgment may be rendered in favor of any person to enforce a lien under the provisions of sections 57-801 to 57-820 , the leasehold interest, pipeline, or other property shall be ordered to be sold as in other cases of sales of real estate.

Laws 1957, c. 241, § 18, p. 815.
Neb. Rev. Stat. § 30-2643 — NE Code / Chapter 30 / Section 30-2643
View Statute 30-2643
Status: in_force

The reasonable fees and costs of an attorney, a guardian ad litem, a physician, a conservator, a special conservator, and a visitor appointed by the court for the person to be protected shall be allowed, disallowed, or adjusted by the court and may be paid from the estate of the protected person if the protected person possesses an estate or, if not, shall be paid by the county in which the proceedings are brought or by the petitioner as costs of the action. An action under sections 30-2601 to 30-2661 may be initiated or defended in forma pauperis in accordance with sections 25-2301 to 25-2310 . The court may assess attorney's fees and costs against the petitioner upon a showing that the action was frivolous in accordance with sections 25-824 to 25-824.03 .

Laws 1974, LB 354, § 261, UPC § 5-414;

Laws 1993, LB 782, § 19;

Laws 1999, LB 689, § 15.

In a conservatorship proceeding for a protected person, the court is statutorily authorized to assess the fees of an appointed person to the estate of the protected person if the protected person possesses an estate or, if not, to the county in which the proceedings are brought or the petitioner. In re Guardianship & Conservatorship of J.F., 307 Neb. 452, 949 N.W.2d 496 (2020).

In a conservatorship proceeding for a protected person, the court is statutorily authorized to assess the fees of an appointed person to the estate of the protected person if the protected person possesses an estate or, if not, to the county in which the proceedings are brought or the petitioner. In re Guardianship & Conservatorship of J.F., 307 Neb. 452, 949 N.W.2d 496 (2020).

This section applies only to conservatorship proceedings. It does not authorize a court to award costs and fees in a guardianship proceeding for a minor. In re Guardianship of Brydon P., 286 Neb. 661, 838 N.W.2d 262 (2013).

This section applies only to conservatorship proceedings. It does not authorize a court to award costs and fees in a guardianship proceeding for a minor. In re Guardianship of Brydon P., 286 Neb. 661, 838 N.W.2d 262 (2013).

A guardian is entitled to attorney fees reasonably incurred in the successful defense of his actions as a fiduciary. In re Guardianship of Bremer, 209 Neb. 267, 307 N.W.2d 504 (1981).

A guardian is entitled to attorney fees reasonably incurred in the successful defense of his actions as a fiduciary. In re Guardianship of Bremer, 209 Neb. 267, 307 N.W.2d 504 (1981).
Neb. Rev. Stat. § 54-2934 — NE Code / Chapter 54 / Section 54-2934
View Statute 54-2934
Status: in_force

Responder or suspect means any animal which exhibits a response to an official test, and such animal is classified as a responder or suspect by the testing veterinarian or laboratory.

Laws 2020, LB344, § 34.
Neb. Rev. Stat. § 18-2123.01 — NE Code / Chapter 18 / Section 18-2123.01
View Statute 18-2123.01
Status: in_force

(1) Notwithstanding any other provisions of the Community Development Law to the contrary, a city may undertake a redevelopment project that includes real property located outside the corporate limits of such city if the following requirements have been met:

(a) The real property located outside the corporate limits of the city is a formerly used defense site;

(b) The formerly used defense site is located within the same county as the city approving such redevelopment project;

(c) The formerly used defense site is located within a sanitary and improvement district;

(d) The governing body of the city approving such redevelopment project passes an ordinance stating such city's intent to annex the formerly used defense site in the future; and

(e) The redevelopment project has been consented to by any city exercising extraterritorial jurisdiction over the formerly used defense site.

(2) For purposes of this section, formerly used defense site means real property that was formerly owned by, leased to, or otherwise possessed by the United States and under the jurisdiction of the United States Secretary of Defense. Formerly used defense site does not include missile silos.

(3) The inclusion of a formerly used defense site in any redevelopment project under this section shall not result in:

(a) Any change in the service area of any electric utility or natural gas utility unless such change has been agreed to by the electric utility or natural gas utility serving the formerly used defense site at the time of approval of such redevelopment project; or

(b) Any change in the service area of any communications company as defined in section 77-2734.04 unless (i) such change has been agreed to by the communications company serving the formerly used defense site at the time of approval of such redevelopment project or (ii) such change occurs pursuant to sections 86-135 to 86-138 .

(4) A city approving a redevelopment project under this section and the county in which the formerly used defense site is located may enter into an agreement pursuant to the Interlocal Cooperation Act in which the county agrees to reimburse such city for any services the city provides to the formerly used defense site after approval of the redevelopment project.

Laws 2013, LB66, § 3.

Interlocal Cooperation Act, see section 13-801 .
Neb. Rev. Stat. § 2-3802 — NE Code / Chapter 2 / Section 2-3802
View Statute 2-3802
Status: in_force

The Legislature hereby finds that the general welfare of the people of Nebraska will significantly benefit from the conduct of programs designed and intended to enhance the effective marketing of Nebraska's many agricultural commodities.

The Legislature further finds that the meaningful realization of such benefits will result through the administration of programs and policies conceived, desired, and formulated by and for those persons who produce, process, or distribute such commodities as an integral part of their livelihood. It is necessary that the programs conducted by and for the various segments of the agricultural industry be efficiently coordinated, so that the marketing efforts expended on behalf of each commodity will complement the marketing programs in the state.

Laws 1979, LB 538, § 2.
Neb. Rev. Stat. § 38-2703 — NE Code / Chapter 71 / Section 38-2703
38-2703
Status: in_force

For purposes of the Perfusion Practice Act:

(1) Board means the Board of Medicine and Surgery;

(2) Extracorporeal circulation means the diversion of a patient's blood through a heart-lung machine or a similar device that assumes the functions of the patient's heart, lungs, kidney, liver, or other organs;

(3) Perfusion means the functions necessary for the support, treatment, measurement, or supplementation of the cardiovascular, circulatory, and respiratory systems or other organs, or a combination of such activities, and to ensure the safe management of physiologic functions by monitoring and analyzing the parameters of the systems under an order and under the supervision of a licensed physician, including:

(a) The use of extracorporeal circulation, long-term cardiopulmonary support techniques including extracorporeal carbon dioxide removal and extracorporeal membrane oxygenation, and associated therapeutic and diagnostic technologies;

(b) Counterpulsation, ventricular assistance, autotransfusion, blood conservation techniques, myocardial and organ preservation, extracorporeal life support, and isolated limb perfusion;

(c) The use of techniques involving blood management, advanced life support, and other related functions; and

(d) In the performance of the acts described in subdivisions (a) through (c) of this subdivision:

(i) The administration of:

(A) Pharmacological and therapeutic agents; and

(B) Blood products or anesthetic agents through the extracorporeal circuit or through an intravenous line as ordered by a physician;

(ii) The performance and use of:

(A) Anticoagulation monitoring and analysis;

(B) Physiologic monitoring and analysis;

(C) Blood gas and chemistry monitoring and analysis;

(D) Hematologic monitoring and analysis;

(E) Hypothermia and hyperthermia;

(F) Hemoconcentration and hemodilution; and

(G) Hemodialysis; and

(iii) The observation of signs and symptoms related to perfusion services, the determination of whether the signs and symptoms exhibit abnormal characteristics, and the implementation of appropriate reporting, clinical perfusion protocols, or changes in, or the initiation of, emergency procedures; and

(4) Perfusionist means a person who is licensed to practice perfusion pursuant to the Perfusion Practice Act.

Laws 2007, LB236, § 10;

R.S.Supp.,2007, § 71-1,392;

Laws 2017, LB644, § 5.
Neb. Rev. Stat. § 38-2131 — NE Code / Chapter 71 / Section 38-2131
38-2131
Status: in_force

Nothing in the Mental Health Practice Act shall be construed to require the State of Nebraska, any agency of the State of Nebraska, or any of the entities which operate under rules and regulations of a state agency, which either employ or contract for the services of social services workers, to employ or contract with only persons certified pursuant to the act for the performance of any of the professional activities enumerated in section 38-2119 .

Laws 1986, LB 286, § 21;

R.S.1943, (1990), § 71-1,264;

Laws 1993, LB 669, § 42;

R.S.1943, (2003), § 71-1,323;

Laws 2007, LB463, § 748.
Neb. Rev. Stat. § 45-103.04 — NE Code / Chapter 45 / Section 45-103.04
View Statute 45-103.04
Status: in_force

Interest as provided in section 45-103.02 shall not accrue prior to the date of entry of judgment for:

(1) Any action arising under Chapter 42; or

(2) Any action involving the state, a political subdivision of the state, or any employee of the state or any of its political subdivisions for any negligent or wrongful act or omission accruing within the scope of such employee's office or employment.

Laws 1986, LB 298, § 5;

Laws 1994, LB 1183, § 5;

Laws 1999, LB 43, § 22.

This section does not limit a court's equitable powers to order a party to pay interest. Becher v. Becher, 311 Neb. 1, 970 N.W.2d 472 (2022).

This section does not limit a court's equitable powers to order a party to pay interest. Becher v. Becher, 311 Neb. 1, 970 N.W.2d 472 (2022).

Subsection (2) of this section prohibits prejudgment interest for (1) any action involving the state, (2) any action involving a political subdivision of the state, or (3) any action involving an employee of the state or political subdivision for any negligent or wrongful act or omission accruing within the scope of such employee's office or employment. Eikmeier v. City of Omaha, 280 Neb. 173, 783 N.W.2d 795 (2010).

Subsection (2) of this section prohibits prejudgment interest for (1) any action involving the state, (2) any action involving a political subdivision of the state, or (3) any action involving an employee of the state or political subdivision for any negligent or wrongful act or omission accruing within the scope of such employee's office or employment. Eikmeier v. City of Omaha, 280 Neb. 173, 783 N.W.2d 795 (2010).

Claims against political subdivisions which accrued on or after January 1, 1987, are not subject to prejudgment interest. Hammond v. City of Broken Bow, 239 Neb. 437, 476 N.W.2d 822 (1991).

Claims against political subdivisions which accrued on or after January 1, 1987, are not subject to prejudgment interest. Hammond v. City of Broken Bow, 239 Neb. 437, 476 N.W.2d 822 (1991).
Neb. Rev. Stat. § 44-5101 — NE Code / Chapter 44 / Section 44-5101
View Statute 44-5101
Status: in_force

Sections 44-5101 to 44-5154 shall be known and may be cited as the Insurers Investment Act.

Laws 1991, LB 237, § 1;

Laws 2003, LB 216, § 12.
Neb. Rev. Stat. § 25-1511 — NE Code / Chapter 25 / Section 25-1511
View Statute 25-1511
Status: in_force

When the surety is entered after execution issued, the clerk shall immediately notify the sheriff of the stay, and he shall forthwith return the execution, with his doings thereon.

Laws 1875, § 7, p. 50;

R.S.1913, § 8052;

C.S.1922, § 8993;

C.S.1929, § 20-1511;

R.S.1943, § 25-1511.
Neb. Rev. Stat. § 21-624 — NE Code / Chapter 21 / Section 21-624
View Statute 21-624
Status: in_force

The provisions of sections 21-617 to 21-623 shall not apply to or in any way affect any fraternal society, club, organization, or association connected with and recognized by any university, college, parochial school, high school, or other educational institution in the State of Nebraska.

Laws 1929, c. 140, § 8, p. 498;

C.S.1929, § 24-621;

R.S.1943, § 21-624;

Laws 1987, LB 31, § 1.
Neb. Rev. Stat. § 43-1732 — NE Code / Chapter 43 / Section 43-1732
View Statute 43-1732
Status: in_force

A foreign support order entered pursuant to section 43-1729 shall be enforceable by withholding from income derived in this state in the manner and with the same effect as income withholding based on a support order of this state, except that any hearing requested by the obligor to contest any proposed income withholding shall be held by a court as provided in section 43-1733 instead of by the department. Entry of the order shall not confer jurisdiction on the courts of this state for any purpose other than income withholding.

Laws 1985, Second Spec. Sess., LB 7, § 52.
Neb. Rev. Stat. § 2-2303 — NE Code / Chapter 2 / Section 2-2303
View Statute 2-2303
Status: in_force

For purposes of the Nebraska Wheat Resources Act, unless the context otherwise requires:

(1) Board means the Nebraska Wheat Development, Utilization, and Marketing Board;

(2) Commercial channels means the sale of wheat for any use when the buyer resells or intends to resell any such wheat or product produced from such wheat for a purpose other than for use as seed;

(3)(a) First purchaser means any individual or public or private corporation, association, partnership, limited liability company, or other business entity, if such individual or entity buys, accepts for shipment, or otherwise acquires the property in or to wheat from a grower for a purpose other than for use as seed.

(b) First purchaser shall not include a public or private mortgagee, pledgee, lienor, or other person having a claim against the grower when the actual or constructive possession of such wheat is taken as part payment or in satisfaction of a mortgage, pledge, lien, or claim;

(4) Grower means any landowner personally engaged in growing wheat, a tenant of the landowner personally engaged in growing wheat, and both the owner and the tenant jointly and includes an individual or a partnership, limited liability company, association, corporation, cooperative, trust, sharecropper, and other business units, devices, and arrangements;

(5) Net market price means the sales price, or other value, per volumetric unit received by a producer for wheat after adjustment for any premium or discount;

(6) Net market value means the value found by multiplying the net market price by the appropriate quantity of the volumetric units or the minimum value in a production contract received by a producer for wheat after adjustments for any premium or discount. For wheat pledged as collateral for a loan issued under any Commodity Credit Corporation price support loan program, net market value means the principal amount of the loan; and

(7) Sale does not include a pledge or mortgage of wheat to any individual or public or private entity.

Laws 1955, c. 5, § 3, p. 59;

Laws 1981, LB 11, § 22;

Laws 1987, LB 1, § 11;

Laws 1993, LB 121, § 64;

Laws 2012, LB905, § 3;

Laws 2022, LB805, § 2.
Neb. Rev. Stat. § 38-2049 — NE Code / Chapter 71 / Section 38-2049
38-2049
Status: in_force

(1) The department, with the recommendation of the board, shall issue licenses to persons who are graduates of an approved program and have passed a proficiency examination.

(2) The department, with the recommendation of the board, shall issue temporary licenses under this subsection to persons who have successfully completed an approved program but who have not yet passed a proficiency examination. Any temporary license issued pursuant to this subsection shall be issued for a period not to exceed one year and under such conditions as determined by the department, with the recommendation of the board. The temporary license issued under this subsection may be extended by the department, with the recommendation of the board.

(3) Physician assistants approved by the board prior to April 16, 1985, shall not be required to complete the proficiency examination.

(4) An applicant who is a military spouse applying for a license to practice as a physician assistant may apply for a temporary license as provided in section 38-129.01 .

Laws 1973, LB 101, § 5;

R.S.Supp.,1973, § 85-179.08;

Laws 1985, LB 132, § 5;

Laws 1996, LB 1108, § 10;

R.S.1943, (2003), § 71-1,107.19;

Laws 2007, LB463, § 707;

Laws 2009, LB195, § 44;

Laws 2017, LB88, § 64.

Credentialing, general requirements and issuance procedures, see section 38-121 et seq.
Neb. Rev. Stat. § 29-4012 — NE Code / Chapter 29 / Section 29-4012
View Statute 29-4012
Status: in_force

Law enforcement officials, their employees, and state officials shall be immune from liability for good faith conduct under the Sex Offender Registration Act.

Laws 1996, LB 645, § 12.
Neb. Rev. Stat. § 21-232 — NE Code / Chapter 21 / Section 21-232
View Statute 21-232
Status: in_force

(MBCA 4.03) (a) A foreign corporation may register its corporate name, or its corporate name with any addition required by section 21-2,208 , if the name is not the same as or deceptively similar to, upon the records of the Secretary of State, the corporate names that are not available under subsection (b) of section 21-230 .

(b) A foreign corporation registers its corporate name, or its corporate name with any addition required by section 21-2,208 , by delivering to the Secretary of State for filing an application:

(1) Setting forth its corporate name, or its corporate name with any addition required by section 21-2,208 , the state or country and date of its incorporation, and a brief description of the nature of the business in which it is engaged; and

(2) Accompanied by a certificate of existence, or a document of similar import, from the state or country of incorporation. Such certificate or document shall not bear a date of more than sixty days prior to the date the application is delivered.

(c) The name is registered for the applicant's exclusive use upon the effective date of the application.

(d) A foreign corporation whose registration is effective may renew it for successive years by delivering to the Secretary of State for filing a renewal application, which complies with the requirements of subsection (b) of this section, between October 1 and December 31 of the preceding year. The renewal application when filed renews the registration for the following calendar year.

(e) A foreign corporation whose registration is effective may thereafter qualify as a foreign corporation under the registered name or consent in writing to the use of that name by a corporation thereafter incorporated under the Nebraska Model Business Corporation Act or by another foreign corporation thereafter authorized to transact business in this state. The registration terminates when the domestic corporation is incorporated or the foreign corporation qualifies or consents to the qualification of another foreign corporation under the registered name.

Laws 2014, LB749, § 32.
Neb. Rev. Stat. § 29-2007 — NE Code / Chapter 29 / Section 29-2007
View Statute 29-2007
Status: in_force

All challenges for cause shall be tried by the court, on the oath of the person challenged, or on other evidence, and such challenge shall be made before the jury is sworn, and not afterward.

G.S.1873, c. 58, § 469, p. 827;

R.S.1913, § 9110;

C.S.1922, § 10135;

C.S.1929, § 29-2007;

R.S.1943, § 29-2007.

This section does not bar examination and challenge for cause in subsequent trials in series even after jury is sworn if several juries are picked at one time from a single jury panel for a series of trials. State v. Myers, 190 Neb. 466, 209 N.W.2d 345 (1973).

This section does not bar examination and challenge for cause in subsequent trials in series even after jury is sworn if several juries are picked at one time from a single jury panel for a series of trials. State v. Myers, 190 Neb. 466, 209 N.W.2d 345 (1973).

All challenges for cause are decided by court. Rakes v. State, 158 Neb. 55, 62 N.W.2d 273 (1954).

All challenges for cause are decided by court. Rakes v. State, 158 Neb. 55, 62 N.W.2d 273 (1954).

In impaneling a jury, all challenges for cause are tried to the court. Lee v. State, 147 Neb. 333, 23 N.W.2d 316 (1946).

In impaneling a jury, all challenges for cause are tried to the court. Lee v. State, 147 Neb. 333, 23 N.W.2d 316 (1946).

If cause of challenge is denied by juror on voir dire after accused's peremptory challenges are exhausted, accused has right to have issue tried and witnesses examined. Trobough v. State, 119 Neb. 128, 227 N.W. 443 (1929).

If cause of challenge is denied by juror on voir dire after accused's peremptory challenges are exhausted, accused has right to have issue tried and witnesses examined. Trobough v. State, 119 Neb. 128, 227 N.W. 443 (1929).

Decision of trial judge being based on consideration of all facts developed during examination, including appearance and actions of juror, will not be reversed unless clearly wrong. Bemis v. City of Omaha, 81 Neb. 352, 116 N.W. 31 (1908); Ward v. State, 58 Neb. 719, 79 N.W. 725 (1899).

Decision of trial judge being based on consideration of all facts developed during examination, including appearance and actions of juror, will not be reversed unless clearly wrong. Bemis v. City of Omaha, 81 Neb. 352, 116 N.W. 31 (1908); Ward v. State, 58 Neb. 719, 79 N.W. 725 (1899).

Evidence relating to challenges to jurors cannot be considered unless settled and allowed by bill of exceptions. West v. State, 63 Neb. 257, 88 N.W. 503 (1901).

Evidence relating to challenges to jurors cannot be considered unless settled and allowed by bill of exceptions. West v. State, 63 Neb. 257, 88 N.W. 503 (1901).