FrankGoortani/open-us-law huggingface dataset:
Neb. Rev. Stat. § 16-1028 — NE Code / Chapter 16 / Section 16-1028
View Statute 16-1028
Status: in_force

(1) A firefighter of a city of the first class may:

(a) Retire or be retired and receive the applicable retirement pension benefit upon the attainment of age fifty-five while employed by the city as a firefighter;

(b) Elect to retire after he or she has attained the age of fifty and has completed at least twenty-one years of service with the city and receive the actuarial equivalent of the pension benefit he or she would otherwise receive upon the attainment of age fifty-five;

(c) After twenty-one years of service with the city, terminate employment with the city and, upon the attainment of age fifty-five, receive the applicable retirement pension benefit; or

(d) Retire or be retired as a result of disability while in the line of duty, as determined under section 16-1031 , at any age and receive the applicable pension benefit provided in such section.

(2) A firefighter who is eligible to retire pursuant to subdivision (1)(a) of this section but does not shall continue to contribute to his or her employee account and the city shall continue to contribute to its employer account.

(3) For purposes of subdivisions (1)(a), (b), and (d) of this section, the first of the month immediately following the last day of work shall be the retirement date. For purposes of subdivision (1)(c) of this section, the first of the month immediately following the attainment of age fifty-five shall be the retirement date.

Laws 1983, LB 531, § 9;

Laws 1993, LB 724, § 6;

Laws 1994, LB 1068, § 2.
Neb. Rev. Stat. § 70-303 — NE Code / Chapter 70 / Section 70-303
View Statute 70-303
Status: in_force

If any pole line or underground line constructed under section 70-301 be abandoned for a period of five years, the right-of-way or easement acquired for its construction shall revert to the owner of the property affected.

Laws 1927, c. 107, § 1, p. 295;

C.S.1929, § 70-401;

R.S.1943, § 70-303;

Laws 1963, c. 394, § 1, p. 1252;

Laws 1969, c. 545, § 2, p. 2200.
Neb. Rev. Stat. § 15-316 — NE Code / Chapter 15 / Section 15-316
View Statute 15-316
Status: in_force

The city clerk of a city of the primary class shall have the custody of all laws and ordinances and shall keep a correct journal of the proceedings of the city council. After the period of time specified by the State Records Administrator pursuant to the Records Management Act, the city clerk may transfer such journal of the proceedings of the city council to the State Archives of the Nebraska State Historical Society, for permanent preservation. The city clerk shall keep a correct record of all outstanding bonds against the city showing the number and amount of each, for what and to whom issued, and when purchased, paid, or canceled, and shall make an annual report showing particularly the bonds issued and sold during the year, and the terms of sale, with each item of expense thereof. The city clerk shall perform such other or further duties as may be required of him or her by ordinances of the city. The city clerk shall also make a monthly report to the city council showing the amount appropriated to each fund, and the whole amount of funds drawn thereon, which report shall be recorded in the minutes. The city clerk may, if the city council deem assistance necessary, appoint a deputy who shall give a bond in favor of the city the same as is required of the city clerk.

Laws 1901, c. 16, § 30, p. 79;

R.S.1913, § 4493;

C.S.1922, § 3879;

C.S.1929, § 15-316;

R.S.1943, § 15-316;

Laws 1973, LB 224, § 3;

Laws 2020, LB1003, § 93.

Joint control of funds by principal and surety on bond, see section 11-130 .

Records Management Act, see section 84-1220 .
Neb. Rev. Stat. § 25-2189 — NE Code / Chapter 25 / Section 25-2189
View Statute 25-2189
Status: in_force

In taking such proof he may receive, with other evidence, the affidavit of the parties interested.

R.S.1867, Code § 822, p. 540;

R.S.1913, § 8305;

C.S.1922, § 9257;

C.S.1929, § 20-2189;

R.S.1943, § 25-2189.
Neb. Rev. Stat. § 60-646 — NE Code / Chapter 60 / Section 60-646
View Statute 60-646
Status: in_force

Peace officer shall mean any town marshal, chief of police, local police officer, sheriff, or deputy sheriff, the Superintendent of Law Enforcement and Public Safety, or any officer of the Nebraska State Patrol and shall also include members of the National Guard on active service by direction of the Governor during periods of emergency or civil disorder and Game and Parks Commission conservation officers while in areas under the control of the Game and Parks Commission. With respect to directing traffic only, peace officer shall also include any person authorized to direct or regulate traffic.

Laws 1993, LB 370, § 142;

Laws 1998, LB 922, § 405.
Neb. Rev. Stat. § 20-149 — NE Code / Chapter 20 / Section 20-149
View Statute 20-149
Status: in_force

Any consumer reporting agency doing business in this state which is required to furnish information to a consumer, protected consumer as defined in section 8-2602 , or representative as defined in section 8-2602 pursuant to 15 U.S.C. 1681g to 1681j as such sections existed on January 1, 2016, shall, upon the request of such consumer, protected consumer, or representative and at a reasonable charge, provide such consumer, protected consumer, or representative with a typewritten or photostatic copy of any consumer report, investigative report, or any credit report or other file information which it has on file or has prepared concerning such consumer or protected consumer, if such consumer, protected consumer, or representative has complied with 15 U.S.C. 1681h as such section existed on January 1, 2016. If such report uses a code to convey information about such consumer or protected consumer, such consumer, protected consumer, or representative shall be provided with a key to such code. For the purposes of this section, the definitions found in 15 U.S.C. 1681a as such section existed on January 1, 2016, shall apply. Any person violating this section shall be guilty of a Class IV misdemeanor.

Laws 1983, LB 197, § 1;

Laws 2016, LB835, § 21.

Credit Report Protection Act, see section 8-2601 .
Neb. Rev. Stat. § 15-326 — NE Code / Chapter 15 / Section 15-326
View Statute 15-326
Status: in_force

The chief of police of a city of the primary class shall have the immediate charge of the police, and he or she and his or her officers shall have the power and duty to arrest all offenders against the laws of the state or the ordinances of the city in the same manner as the county sheriff and to keep such offenders in the city jail or other place to prevent their escape until a trial or examination may be had before a proper officer. The jurisdiction of the chief of police and his or her officers in the service of process, in all criminal cases, and in cases for the violation of city ordinances shall be coextensive with the county.

Laws 1901, c. 16, § 40, p. 85;

R.S.1913, § 4503;

C.S.1922, § 3889;

C.S.1929, § 15-326;

R.S.1943, § 15-326;

Laws 1972, LB 1032, § 100;

Laws 1984, LB 13, § 4;

Laws 1988, LB 1030, § 3;

Laws 1993, LB 390, § 1;

Laws 2020, LB1003, § 96.

Ticket quota requirements, prohibited, see section 48-235 .
Neb. Rev. Stat. § 38-1024 — NE Code / Chapter 38 / Section 38-1024
View Statute 38-1024
Status: in_force

Electrolysis means the permanent removal of hair by the application of an electrical current to the dermal papilla by a filament to cause decomposition, coagulation, or dehydration within the hair follicle by means of short wave or galvanic current or the blend, as approved by the federal Food and Drug Administration.

Laws 1995, LB 83, § 8;

R.S.1943, (2003), § 71-356.05;

Laws 2007, LB463, § 286.
Neb. Rev. Stat. § 44-4305 — NE Code / Chapter 44 / Section 44-4305
View Statute 44-4305
Status: in_force

(1) Any risk management pool organized pursuant to the Intergovernmental Risk Management Act, whether or not a body corporate, shall have the power to sue and be sued, make contracts, hold and dispose of real and personal property, borrow money, contract debt, and pledge any pool assets in the name of the pool.

(2) The power to make contracts prescribed in subsection (1) of this section shall specifically include the power to establish the risk management pool as a separate legal or administrative entity.

Laws 1987, LB 398, § 5.
Neb. Rev. Stat. § 38-2505 — NE Code / Chapter 38 / Section 38-2505
View Statute 38-2505
Status: in_force

Board means the Board of Occupational Therapy Practice.

Laws 2007, LB463, § 845.
Neb. Rev. Stat. § 38-129.01 — NE Code / Chapter 38 / Section 38-129.01
View Statute 38-129.01
Status: in_force

(1) The department, with the recommendation of the appropriate board, shall issue a temporary credential to a military spouse who complies with and meets the requirements of this section pending issuance of the applicable credential under the Uniform Credentialing Act. This section shall not apply to a license to practice dentistry, including a resident license under section 38-1123 .

(2) A military spouse shall submit the following with his or her application for the applicable credential:

(a) A copy of his or her military dependent identification card which identifies him or her as the spouse of an active duty member of the United States Armed Forces;

(b) A copy of his or her spouse's military orders reflecting an active-duty assignment in Nebraska;

(c) A copy of his or her credential from another jurisdiction and the applicable statutes, rules, and regulations governing the credential; and

(d) A copy of his or her fingerprints for a criminal background check if required under section 38-131 .

(3) If the department, with the recommendation of the appropriate board, determines that the applicant is the spouse of an active duty member of the United States Armed Forces who is assigned to a duty station in Nebraska, holds a valid credential in another jurisdiction which has similar standards for the profession to the Uniform Credentialing Act and the rules and regulations adopted and promulgated under the act, and has submitted fingerprints for a criminal background check if required under section 38-131 , the department shall issue a temporary credential to the applicant. The applicant shall not be required to pay any fees pursuant to the Uniform Credentialing Act for the temporary credential or the initial regular credential except the actual cost of the fingerprinting and criminal background check for an initial license under section 38-131 .

(4) A temporary credential issued under this section shall be valid until the application for the regular credential is approved or rejected, not to exceed one year.

Laws 2017, LB88, § 33;

Laws 2019, LB112, § 7;

Laws 2021, LB390, § 2;

Laws 2024, LB834, § 1.
Neb. Rev. Stat. § 49-1440 — NE Code / Chapter 49 / Section 49-1440
View Statute 49-1440
Status: in_force

Political party shall mean a political party which has a right under law to have the names of its candidates listed on the ballot in a general election.

Laws 1976, LB 987, § 40.
Neb. Rev. Stat. § 9-603.04 — NE Code / Chapter 9 / Section 9-603.04
View Statute 9-603.04
Status: in_force

Activation, with regard to lottery equipment, means initiating the selection of winning numbers.

Laws 2011, LB490, § 3.
Neb. Rev. Stat. § 13-2504 — NE Code / Chapter 13 / Section 13-2504
View Statute 13-2504
Status: in_force

(1) Any two or more public agencies may enter into agreements with one another for joint or cooperative action pursuant to the Joint Public Agency Act. Appropriate action by ordinance, resolution, or otherwise pursuant to law of the governing bodies of the participating public agencies shall be necessary before any such agreement may enter into force.

(2) Any such agreement shall specify the following:

(a) Its duration;

(b) The general organization, composition, and nature of any joint public agency created by the agreement together with the powers delegated to the entity;

(c) Its purpose or purposes;

(d) The manner of financing the joint undertaking and of establishing and maintaining a budget;

(e) The permissible method or methods to be employed in amending the agreement or accomplishing the partial or complete termination of the agreement and for disposing of property upon such partial or complete termination consistent with section 13-2518 ;

(f) The manner of levying, collecting, and accounting for any tax authorized under sections 13-318 to 13-326 or 13-2813 to 13-2816 and any allocation of tax authority under section 13-2507 ; and

(g) Any other necessary and proper matters.

(3) No agreement made pursuant to the Joint Public Agency Act shall relieve any public agency of any obligation or responsibility imposed upon it by law except to the extent of actual and timely performance by a joint public agency created by an agreement made pursuant to the act, which performance may be offered in satisfaction of the obligation or responsibility.

(4) Participating public agencies may transfer property, other assets, and employees to a joint public agency as provided in the agreement. Notwithstanding other provisions of law, if employees are transferred any vested employment rights shall be transferred with the employee and the employee shall be vested with the joint public agency at the time of transfer.

(5) Any governing body as defined in section 13-503 which is a party to an agreement made pursuant to the Joint Public Agency Act shall provide information to the Auditor of Public Accounts regarding such agreements as required in section 13-513 .

Laws 1999, LB 87, § 4;

Laws 2001, LB 142, § 29;

Laws 2004, LB 939, § 4.
Neb. Rev. Stat. § 30-3891 — NE Code / Chapter 30 / Section 30-3891
View Statute 30-3891
Status: in_force

(UTC 1002) (a) A trustee who commits a breach of trust is liable to the beneficiaries affected for the greater of:

(1) the amount required to restore the value of the trust property and trust distributions to what they would have been had the breach not occurred; or

(2) the profit the trustee made by reason of the breach.

(b) Except as otherwise provided in this subsection, if more than one trustee is liable to the beneficiaries for a breach of trust, a trustee is entitled to contribution from the other trustee or trustees. A trustee is not entitled to contribution if the trustee was substantially more at fault than another trustee or if the trustee committed the breach of trust in bad faith or with reckless indifference to the purposes of the trust or the interests of the beneficiaries. A trustee who received a benefit from the breach of trust is not entitled to contribution from another trustee to the extent of the benefit received.

Laws 2003, LB 130, § 91.

A beneficiary of property left to a trust has standing to raise the trustee's self-dealing and to seek damages, an accounting, and a constructive trust. In re Estate of Hedke, 278 Neb. 727, 775 N.W.2d 13 (2009).

A beneficiary of property left to a trust has standing to raise the trustee's self-dealing and to seek damages, an accounting, and a constructive trust. In re Estate of Hedke, 278 Neb. 727, 775 N.W.2d 13 (2009).
Neb. Rev. Stat. § 25-508.01 — NE Code / Chapter 25 / Section 25-508.01
View Statute 25-508.01
Status: in_force

(1) An individual party, other than a person under the age of fourteen years, may be served by personal, residence, certified mail, or designated delivery service.

(2) A party under the age of fourteen years may be served by personal, residence, certified mail, or designated delivery service upon an adult person with whom the minor resides and who is the minor's parent or guardian or the person having care of the minor. If none of these can be found, a party under the age of fourteen years may be served by personal service.

(3) If the person to be served is an incapacitated person for whom a conservator or guardian has been appointed or is confined in any institution, notice of the service shall be given to the conservator or guardian or the superintendent or similar official of the institution. Failure to give such notice does not affect the validity of the service on the incapacitated person.

Laws 1983, LB 447, § 25;

Laws 2011, LB669, § 10.

Department of Health and Human Services employees were not properly served in their individual capacities where the summonses were sent via certified mail to their place of employment, the certified mail receipts were signed for by an employee who was not authorized to sign on behalf of the employees, and the summonses were not received by the employees. Anthony K. v. State, 289 Neb. 523, 855 N.W.2d 802 (2014).

Department of Health and Human Services employees were not properly served in their individual capacities where the summonses were sent via certified mail to their place of employment, the certified mail receipts were signed for by an employee who was not authorized to sign on behalf of the employees, and the summonses were not received by the employees. Anthony K. v. State, 289 Neb. 523, 855 N.W.2d 802 (2014).

Although subsection (3) of this section requires that where summons is served on an incapacitated person, notice of such service shall be given to the guardian, it also provides that failure to give such notice will not affect the validity of the service. In re Interest of A.M.K., 227 Neb. 888, 420 N.W.2d 718 (1988).

Although subsection (3) of this section requires that where summons is served on an incapacitated person, notice of such service shall be given to the guardian, it also provides that failure to give such notice will not affect the validity of the service. In re Interest of A.M.K., 227 Neb. 888, 420 N.W.2d 718 (1988).
Neb. Rev. Stat. § 25-1311 — NE Code / Chapter 25 / Section 25-1311
View Statute 25-1311
Status: in_force

Such judgment shall authorize the same proceedings for its enforcement as judgments rendered in actions regularly brought and prosecuted; and the confession shall operate as a release of errors.

R.S.1867, Code § 435, p. 466;

R.S.1913, § 8004;

C.S.1922, § 8945;

C.S.1929, § 20-1311;

R.S.1943, § 25-1311.
Neb. Rev. Stat. § 12-916 — NE Code / Chapter 12 / Section 12-916
View Statute 12-916
Status: in_force

All warrants for the payment of any indebtedness of such a cemetery district, which are unpaid for want of funds, shall bear interest, but not to exceed six percent per annum, from the date of the registering of such unpaid warrants with the cemetery district treasurer. The amount of such warrants shall not exceed the revenue provided for the year in which the indebtedness was incurred.

Laws 1961, c. 27, § 8, p. 141.
Neb. Rev. Stat. § 43-249 — NE Code / Chapter 43 / Section 43-249
View Statute 43-249
Status: in_force

No juvenile taken into temporary custody under section 43-248 shall be considered to have been arrested, except for the purpose of determining the validity of such custody under the Constitution of Nebraska or the United States.

Laws 1981, LB 346, § 5;

Laws 1982, LB 787, § 3.
Neb. Rev. Stat. § 23-912 — NE Code / Chapter 23 / Section 23-912
View Statute 23-912
Status: in_force

The funds to be raised by taxation or otherwise, as provided and allowed in said budget, for the various offices, departments, activities, and funds of the county shall, upon the adoption of the budget, be deemed to be and be appropriated to the various offices, departments, activities, and funds as provided in said budget, and shall be used for no other purpose.

Laws 1937, c. 56, § 7, p. 228;

Laws 1939, c. 24, § 5, p. 130;

C.S.Supp.,1941, § 26-2107;

R.S.1943, § 23-912.
Neb. Rev. Stat. § 43-4410 — NE Code / Chapter 43 / Section 43-4410
View Statute 43-4410
Status: in_force

(1) Any entity seeking to enter into a contract with the Department of Health and Human Services to provide child welfare services shall provide evidence of financial stability and liquidity prior to executing such contract.

(2) An entity contracting with the department to provide child welfare services shall not require any subcontractor or employee of such contractor or subcontractor to sign an agreement not to compete with such contractor as a condition of subcontracting or employment.

Laws 2013, LB269, § 10.
Neb. Rev. Stat. § 66-489.01 — NE Code / Chapter 66 / Section 66-489.01
View Statute 66-489.01
Status: in_force

Methanol, benzine, benzol, naphtha, kerosene, and any other volatile, flammable, or combustible liquid suitable for use as a motor fuels blending agent or fuel expander shall be exempt from the taxes imposed under sections 66-489 , 66-489.02 , 66-4,105 , 66-4,140 , 66-4,145 , and 66-4,146 unless and until such methanol, benzine, benzol, naphtha, kerosene, or other blending agent or fuel expander is blended with motor fuels or placed directly into the supply tank of a licensed motor vehicle. Any person blending such products with motor fuels or placing such products into the supply tank of a licensed motor vehicle shall pay the taxes imposed under such sections directly to the department on forms provided by the department at the same time as the motor fuels with which it is blended become subject to taxation or, if the tax imposed on the motor fuels has already been paid, upon blending. The taxes imposed by this section shall not apply to fuel additives which are used to enhance engine performance or prevent fuel line freezing or clogging when placed directly into the supply tank of a motor vehicle in quantities of one quart or less.

Laws 1996, LB 1121, § 2;

Laws 2004, LB 983, § 13;

Laws 2008, LB846, § 6.
Neb. Rev. Stat. § 22-203 — NE Code / Chapter 22 / Section 22-203
View Statute 22-203
Status: in_force

At such election, provided for by section 22-202 , the voters of the county shall determine the permanent location of the county seat. For this purpose each voter may designate on his ballot the place of his choice for the county seat, and when the votes are canvassed, the place having a majority of all the votes polled shall be the county seat, and public notice of the location shall be given by the county board within thirty days, by posting up notices in three several places in each precinct in the county, and a copy of such notice shall be recorded by the county clerk in the book of miscellaneous records.

G.S.1873, c. 12, § 81, p. 229;

R.S.1913, § 914;

C.S.1922, § 820;

C.S.1929, § 25-203;

R.S.1943, § 22-203.
Neb. Rev. Stat. § 60-156 — NE Code / Chapter 60 / Section 60-156
View Statute 60-156
Status: in_force

(1) For each duplicate certificate of title issued by a county for a vehicle, the fee shall be fourteen dollars. Ten dollars shall be retained by the county. Four dollars shall be remitted to the State Treasurer for credit to the Department of Motor Vehicles Cash Fund.

(2) For each duplicate certificate of title issued by the department for a vehicle, the fee shall be fourteen dollars. Four dollars shall be remitted to the State Treasurer for credit to the Department of Motor Vehicles Cash Fund. Ten dollars shall be remitted to the State Treasurer for credit to the Motor Carrier Division Cash Fund.

Laws 2005, LB 276, § 56;

Laws 2013, LB30, § 2.