FrankGoortani/open-us-law huggingface dataset:
Neb. Rev. Stat. § 42-748.05 — NE Code / Chapter 42 / Section 42-748.05
View Statute 42-748.05
Status: in_force

(a) A petitioner may file a direct request seeking establishment or modification of a support order or determination of parentage of a child. In the proceeding, the law of this state applies.

(b) A petitioner may file a direct request seeking recognition and enforcement of a support order or support agreement. In the proceeding, sections 42-748.06 to 42-748.13 apply.

(c) In a direct request for recognition and enforcement of a Convention support order or foreign support agreement:

(1) a security, bond, or deposit is not required to guarantee the payment of costs and expenses; and

(2) an obligee or obligor that in the issuing country has benefited from free legal assistance is entitled to benefit, at least to the same extent, from any free legal assistance provided for by the law of this state under the same circumstances.

(d) A petitioner filing a direct request is not entitled to assistance from the Nebraska Department of Health and Human Services.

(e) Sections 42-748.01 to 42-748.13 do not prevent the application of laws of this state that provide simplified, more expeditious rules regarding a direct request for recognition and enforcement of a foreign support order or foreign support agreement.

Laws 2015, LB415, § 52.
Neb. Rev. Stat. § 13-2507 — NE Code / Chapter 13 / Section 13-2507
View Statute 13-2507
Status: in_force

(1) Subject to subsection (4) of this section, a joint public agency shall have only those powers of taxation as one or more of the participating public agencies has and only as specifically provided in the agreement proposing creation of the joint public agency, except that a joint public agency shall not levy a local option sales tax. Participating public agencies may agree to allow the joint public agency to levy a property tax rate not to exceed a limit as provided in the agreement if the agreement also limits the levy authority of the overlapping participating public agencies collectively to the same amount. The levy authority of a joint public agency shall be allocated by the city or county as provided in section 77-3443 , and the agreement may require allocation of levy authority by the city or county.

(2) If one or more of the participating public agencies is a municipality, the agreement may allow any occupation or wheel tax to be extended over the area encompassed by the joint public agency at a rate uniform to that of the city or village for the purpose of providing revenue to finance the services to be provided by the joint public agency. The tax shall not be extended until the procedures governing enactment by the municipality are followed by the joint public agency, including any requirement for a public vote.

(3) If the agreement calls for the allocation of property tax levy authority to the joint public agency, the amount of the allocation to the joint public agency and from each participating public agency shall be reported to the Property Tax Administrator.

(4)(a) Prior to the issuance of bonds and the pledge of property tax levy authority allocated to a joint public agency to pay the principal of and interest on bonds to be issued by the joint public agency, the joint public agency shall hold an election to present the question of issuing such bonds and levying such tax to the registered voters of the participating public agency which allocated such property tax levy authority. Such election shall be held at a special election called for such purpose or an election held in conjunction with a statewide or local primary or general election.

(b) If a ballot question is required to be submitted to the registered voters of more than one participating public agency pursuant to subdivision (a) of this subsection and if the participating public agencies have overlapping jurisdiction of any geographic area, the registered voters residing in the geographic area subject to overlapping jurisdiction shall only be entitled to one vote on the ballot question.

(c) A joint public agency may issue refunding bonds as authorized in section 13-2537 which are payable from the same security and tax levy authority as bonds being refunded without holding an election as required by this subsection if the issuance of the refunding bonds does not allow additional principal and does not allow extension of the final maturity date of the indebtedness.

Laws 1999, LB 87, § 7;

Laws 2015, LB132, § 1.
Neb. Rev. Stat. § 18-3313 — NE Code / Chapter 18 / Section 18-3313
View Statute 18-3313
Status: in_force

Whenever the original owners of any subdivision of land as provided in sections 18-3304 and 18-3305 have sold or conveyed any part of such subdivision or invested the public with any rights in such subdivision and have failed and neglected to execute and file for record a plat as provided in sections 18-3304 and 18-3305 , the county clerk shall notify such owners by certified mail and demand an execution of such plat as required by law. If such owners fail and neglect to execute and file for record such plat for thirty days following the issuance of such notice, the county clerk shall cause the plat of such subdivision to be made, along with any necessary surveying. Such plat shall be signed and acknowledged by the county clerk, who shall certify that he or she executed it by reason of the failure of the owners required to do so, and filed for record. When so filed for record, it shall have the same effect for all purposes as if executed, acknowledged, and recorded by the owners themselves. A correct statement of the costs and expenses of such plat, surveying, and recording, verified by oath, shall be submitted by the county clerk to the county board, who shall allow such costs and expenses to be paid out of the county treasury and shall assess such amount, pro rata, upon all subdivisions of such tract, lot, or parcel so subdivided. Such assessment shall be collected with and in like manner as the general taxes and shall go to the county general fund. The county board may also direct suit to be brought in the name of the county, before any court having jurisdiction, to recover from the original owners the cost and expense of procuring and recording such plat.

Laws 1879, § 113, p. 235;

R.S.1913, § 5101;

C.S.1922, § 4274;

C.S.1929, § 17-423;

R.S.1943, § 17-424;

R.S.1943, (2012), § 17-424;

Laws 2017, LB133, § 324.
Neb. Rev. Stat. § 37-1402 — NE Code / Chapter 37 / Section 37-1402
View Statute 37-1402
Status: in_force

For purposes of sections 37-1401 to 37-1406 , invasive species means aquatic or terrestrial organisms not native to the region that cause economic or biological harm and are capable of spreading to new areas, and invasive species does not include livestock as defined in sections 54-1902 and 54-2921 , honey bees, domestic pets, intentionally planted agronomic crops, or nonnative organisms that do not cause economic or biological harm.

Laws 2012, LB391, § 12;

Laws 2020, LB344, § 63.
Neb. Rev. Stat. § 25-1408 — NE Code / Chapter 25 / Section 25-1408
View Statute 25-1408
Status: in_force

If the order is made by consent of the parties, the action shall forthwith stand revived; and if not made by consent, the order shall be served in the same manner, and returned within the same time, as a summons, upon the party adverse to the one making the motion, and if sufficient cause be not shown against the revivor, the action shall stand revived.

R.S.1867, Code § 461, p. 470;

R.S.1913, § 8029;

C.S.1922, § 8970;

C.S.1929, § 20-1408;

R.S.1943, § 25-1408.

An order reviving an action, whether the order was entered in proceedings under section 25-322 or under sections 25-1403 to 25-1420, is not a final order from which an appeal may immediately be taken. The order may be reviewed after final judgment in the case. Platte Valley Nat. Bank v. Lasen, 273 Neb. 602, 732 N.W.2d 347 (2007).

An order reviving an action, whether the order was entered in proceedings under section 25-322 or under sections 25-1403 to 25-1420, is not a final order from which an appeal may immediately be taken. The order may be reviewed after final judgment in the case. Platte Valley Nat. Bank v. Lasen, 273 Neb. 602, 732 N.W.2d 347 (2007).

Where the defendant did not object to the conditional order of revivor and allowed it to become final, defendant's subsequent efforts to challenge the revivor action are of no avail. Spradlin v. Myers, 200 Neb. 559, 264 N.W.2d 658 (1978).

Where the defendant did not object to the conditional order of revivor and allowed it to become final, defendant's subsequent efforts to challenge the revivor action are of no avail. Spradlin v. Myers, 200 Neb. 559, 264 N.W.2d 658 (1978).

Motion for revivor fails when no conditional order is issued and served upon adverse party, and notice of pendency of motion is served only on attorneys. Keefe v. Grace, 142 Neb. 330, 6 N.W.2d 59 (1942).

Motion for revivor fails when no conditional order is issued and served upon adverse party, and notice of pendency of motion is served only on attorneys. Keefe v. Grace, 142 Neb. 330, 6 N.W.2d 59 (1942).

Statutes regulating revival of actions are permissive, and do not operate to modify the appeal statute, once the latter has commenced to run, but must be subordinated thereto. Independent Lubricating Co. v. Good, 135 Neb. 171, 280 N.W. 460 (1938).

Statutes regulating revival of actions are permissive, and do not operate to modify the appeal statute, once the latter has commenced to run, but must be subordinated thereto. Independent Lubricating Co. v. Good, 135 Neb. 171, 280 N.W. 460 (1938).

Service on attorney of record is insufficient; general appearance waives. Missouri P. Ry. Co. v. Fox, 56 Neb. 746, 77 N.W. 130 (1898).

Service on attorney of record is insufficient; general appearance waives. Missouri P. Ry. Co. v. Fox, 56 Neb. 746, 77 N.W. 130 (1898).
Neb. Rev. Stat. § 20-168 — NE Code / Chapter 20 / Section 20-168
View Statute 20-168
Status: in_force

(1) An employer shall not (a) refuse to hire an individual, (b) discharge an individual, or (c) otherwise discriminate against an individual with respect to compensation or terms, conditions, or privileges of employment on the basis that the individual is suffering or is suspected of suffering from human immunodeficiency virus infection or acquired immunodeficiency syndrome.

(2) A seller or lessor shall not refuse to sell or lease a dwelling as defined in section 20-310 to an individual on the basis that the individual, a member of the individual's family, or a person who will be residing with the individual is suffering or is suspected of suffering from human immunodeficiency virus infection or acquired immunodeficiency syndrome.

(3) A school district shall not deny admission to a student on the basis that the student is suffering or is suspected of suffering from human immunodeficiency virus infection or acquired immunodeficiency syndrome.

(4) A place of public accommodation as defined in section 20-133 shall not deny equal access to such public accommodation on the basis that the individual is suffering or is suspected of suffering from human immunodeficiency virus infection or acquired immunodeficiency syndrome.

(5) Any individual who has been discriminated against in violation of this section may file a civil action to enforce this section in the district court of the county where the discrimination is alleged to have occurred. The remedy granted by this subsection shall be in addition to any other remedy provided by law and shall not be interpreted as denying any other remedy provided by law.

Laws 1990, LB 465, § 1;

Laws 1991, LB 825, § 48.
Neb. Rev. Stat. § 28-501 — NE Code / Chapter 28 / Section 28-501
View Statute 28-501
Status: in_force

As used in this article, unless the context otherwise requires, building shall mean a structure which has the capacity to contain, and is designed for the shelter of man, animals, or property, and includes ships, trailers, sleeping cars, aircraft, or other vehicles or places adapted for overnight accommodations of persons or animals, or for carrying on of business therein, whether or not a person or animal is actually present. If a building is divided into units for separate occupancy, any unit not occupied by the defendant is a building of another.

Laws 1977, LB 38, § 100.
Neb. Rev. Stat. § 30-4107 — NE Code / Chapter 30 / Section 30-4107
View Statute 30-4107
Status: in_force

The State Court Administrator shall appoint initial members of the council for staggered terms of one, two, or three years as designated by the State Court Administrator. All subsequent appointments shall be made for terms of three years. Any vacancy on the council shall be filled in the same manner in which the original appointment was made and for the duration of the term vacated. Appointments of initial members of the council shall be made within ninety days after January 1, 2015. The council shall select a chairperson, a vice-chairperson, and such other officers as it deems necessary.

Laws 2014, LB920, § 7.
Neb. Rev. Stat. § 25-1580 — NE Code / Chapter 25 / Section 25-1580
View Statute 25-1580
Status: in_force

The county judge shall be allowed for his or her services, under sections 25-1564 to 25-1580 , the sum of five dollars in each case, and such fees as are allowed by law to clerks of the district court for similar services.

R.S.1867, Code § 549, p. 490;

R.S.1913, § 8128;

C.S.1922, § 9064;

C.S.1929, § 20-1582;

R.S.1943, § 25-1580;

Laws 1982, LB 928, § 19.
Neb. Rev. Stat. § 37-408 — NE Code / Chapter 37 / Section 37-408
View Statute 37-408
Status: in_force

Any county clerk, county official, or agent authorized to issue hunting, fishing, or fur-harvesting permits shall remit the fees for the permits to the commission in the manner and at the times prescribed by the rules and regulations of the commission.

Laws 1929, c. 112, II, § 5, p. 410;

C.S.1929, § 37-205;

R.S.1943, § 37-205;

Laws 1989, LB 34, § 6;

R.S.1943, (1993), § 37-205;

Laws 1998, LB 922, § 118;

Laws 1999, LB 176, § 20.
Neb. Rev. Stat. § 43-3317 — NE Code / Chapter 43 / Section 43-3317
View Statute 43-3317
Status: in_force

Any person aggrieved by a decision of the department pursuant to section 43-3316 may, upon exhaustion of the procedures for administrative review provided under the Administrative Procedure Act, seek judicial review within ten days after the issuance of notice of the department's decision pursuant to section 43-3316 . Notwithstanding subdivision (2)(a) of section 84-917 , proceedings for review shall be instituted by filing a petition in the court of competent jurisdiction of the county where the support order was issued or registered or, in the case of a foreign support order not registered in Nebraska, the court of competent jurisdiction as specified in subdivision (2)(e)(ii) of section 43-3314 .

Laws 1997, LB 752, § 17;

Laws 2007, LB296, § 155.

Administrative Procedure Act, see section 84-920 .
Neb. Rev. Stat. § 12-201 — NE Code / Chapter 12 / Section 12-201
View Statute 12-201
Status: in_force

Any incorporated city or village, any incorporated cemetery association, and any religious or church parish exercising ownership or control over any existing cemetery or burial ground may secure additional lands adjoining for cemetery and burial purposes in the manner hereinafter set forth. Whenever it shall become necessary to enlarge any such cemetery grounds by adding thereto lands adjoining the same and the owner or owners of such lands will not or cannot sell and convey the same to the city or village, cemetery association or parish, or where the owner or owners and the authorities controlling such cemetery cannot agree upon the price to be paid for such land so needed for cemetery extension, such land may be acquired by the exercise of the power of eminent domain. The procedure to condemn property shall be exercised as set forth in sections 76-704 to 76-724 .

Laws 1915, c. 172, § 1, p. 357;

C.S.1922, § 414;

C.S.1929, § 13-201;

R.S.1943, § 12-201;

Laws 1951, c. 101, § 31, p. 460.

Village was authorized to condemn land for cemetery purposes. Hueftle v. Eustis Cemetery Assn., 171 Neb. 293, 106 N.W.2d 400 (1960).

Village was authorized to condemn land for cemetery purposes. Hueftle v. Eustis Cemetery Assn., 171 Neb. 293, 106 N.W.2d 400 (1960).
Neb. Rev. Stat. § 29-2025 — NE Code / Chapter 29 / Section 29-2025
View Statute 29-2025
Status: in_force

Upon an indictment for an offense consisting of different degrees the jury may find the defendant not guilty of the degree charged, and guilty of any degree inferior thereto; and upon an indictment for any offense the jury may find the defendant not guilty of the offense but guilty of an attempt to commit the same, where such an attempt is an offense.

G.S.1873, c. 58, § 487, p. 830;

R.S.1913, § 9128;

C.S.1922, § 10153;

C.S.1929, § 29-2025;

R.S.1943, § 29-2025.

Where under statute attempt to commit defined offense is punishable, instruction on attempt is not erroneous even though defendant is not formally charged with attempt. State v. Ambrose, 192 Neb. 285, 220 N.W.2d 18 (1974).

Where under statute attempt to commit defined offense is punishable, instruction on attempt is not erroneous even though defendant is not formally charged with attempt. State v. Ambrose, 192 Neb. 285, 220 N.W.2d 18 (1974).

The unlawful operation of a motor vehicle is not necessarily an included offense in prosecution for motor vehicle homicide. Olney v. State, 169 Neb. 717, 100 N.W.2d 838 (1960).

The unlawful operation of a motor vehicle is not necessarily an included offense in prosecution for motor vehicle homicide. Olney v. State, 169 Neb. 717, 100 N.W.2d 838 (1960).

Charge of shooting with intent to wound may include lesser offense of assault or assault and battery. Moore v. State, 147 Neb. 390, 23 N.W.2d 552 (1946).

Charge of shooting with intent to wound may include lesser offense of assault or assault and battery. Moore v. State, 147 Neb. 390, 23 N.W.2d 552 (1946).

It is not error to fail to submit question of accused's guilt of lesser offense where evidence is not such as to warrant such verdict. Davis v. State, 116 Neb. 90, 215 N.W. 785 (1927).

It is not error to fail to submit question of accused's guilt of lesser offense where evidence is not such as to warrant such verdict. Davis v. State, 116 Neb. 90, 215 N.W. 785 (1927).

Jury may find accused not guilty of offense charged but guilty of attempt to commit same where such attempt is an offense. In re Resler, 115 Neb. 335, 212 N.W. 765 (1927).

Jury may find accused not guilty of offense charged but guilty of attempt to commit same where such attempt is an offense. In re Resler, 115 Neb. 335, 212 N.W. 765 (1927).

Provisions of section extend to subsequently created offenses. Mulloy v. State, 58 Neb. 204, 78 N.W. 525 (1890).

Provisions of section extend to subsequently created offenses. Mulloy v. State, 58 Neb. 204, 78 N.W. 525 (1890).

Verdict of guilty of manslaughter on charge of murder in first degree is valid, though it fails to specifically negative fact that crime was of higher grade. Williams v. State, 6 Neb. 334 (1877).

Verdict of guilty of manslaughter on charge of murder in first degree is valid, though it fails to specifically negative fact that crime was of higher grade. Williams v. State, 6 Neb. 334 (1877).
Neb. Rev. Stat. § 38-2531 — NE Code / Chapter 38 / Section 38-2531
View Statute 38-2531
Status: in_force

(1) The board shall adopt and promulgate rules and regulations regarding role delineation for occupational therapy assistants and continuing competency requirements. Continuing education is sufficient to meet continuing competency requirements. Such requirements may also include, but not be limited to, one or more of the continuing competency activities listed in section 38-145 which a licensed person may select as an alternative to continuing education.

(2) The board may adopt and promulgate rules and regulations governing the training courses for an occupational therapist to be certified to administer physical agent and instrument-assisted modalities. The board may adopt and promulgate rules and regulations governing the training course for an occupational therapy assistant to be certified to set up and implement superficial thermal agent modalities. In adopting such rules and regulations, the board shall give consideration to the levels of training and experience which are required, in the opinion of the board, to protect the public health, safety, and welfare and to insure, to the greatest extent possible, the efficient, adequate, and safe practice of occupational therapy. Such rules and regulations shall include the approval of examinations and the passing score for such examinations for certification.

Laws 2004, LB 1005, § 130;

Laws 2005, LB 244, § 1;

R.S.Supp.,2006, § 71-6123;

Laws 2007, LB463, § 871;

Laws 2025, LB257, § 19.
Neb. Rev. Stat. § 19-404 — NE Code / Chapter 19 / Section 19-404
View Statute 19-404
Status: in_force

If the proposition under section 19-402 is adopted for the commission plan of government at least sixty days prior to the next general city election in the city, then at the next general city election provided by law in such city, city council members shall be elected as provided in section 32-539 . If the proposition is not adopted at least sixty days prior to the date of holding the next general city election in such city, then such city shall continue to be governed under its existing laws until city council members are elected as provided in section 32-539 at the next general city election thereafter occurring in such city.

Laws 1911, c. 24, § 4, p. 151;

Laws 1913, c. 21, § 1, p. 85;

R.S.1913, § 5291;

Laws 1919, c. 35, § 1, p. 114;

C.S.1922, § 4514;

Laws 1923, c. 141, § 2, p. 345;

C.S.1929, § 19-404;

R.S.1943, § 19-404;

Laws 1955, c. 55, § 2, p. 176;

Laws 1969, c. 257, § 14, p. 937;

Laws 1979, LB 281, § 1;

Laws 1979, LB 80, § 37;

Laws 1994, LB 76, § 508;

Laws 2019, LB193, § 14.

It was not necessary or proper to elect a Tax Commissioner in Lincoln inasmuch as Lincoln operated under the home rule charter plan of the commission form of government. Eppley Hotels Co. v. City of Lincoln, 133 Neb. 550, 276 N.W. 196 (1937).

It was not necessary or proper to elect a Tax Commissioner in Lincoln inasmuch as Lincoln operated under the home rule charter plan of the commission form of government. Eppley Hotels Co. v. City of Lincoln, 133 Neb. 550, 276 N.W. 196 (1937).
Neb. Rev. Stat. § 71-3306 — NE Code / Chapter 71 / Section 71-3306
View Statute 71-3306
Status: in_force

Any public or private entity not included in section 71-3305 which provides a water supply for human consumption and which is not required to add fluoride to such water supply may add fluoride to such water supply in the amount and manner prescribed by the rules and regulations of the Department of Health and Human Services.

Laws 1973, LB 449, § 2;

Laws 1996, LB 1044, § 645;

Laws 2007, LB296, § 560.
Neb. Rev. Stat. § 43-3311 — NE Code / Chapter 43 / Section 43-3311
View Statute 43-3311
Status: in_force

Spousal support has the same meaning as found in section 43-1715 .

Laws 1997, LB 752, § 11.
Neb. Rev. Stat. § 32-910 — NE Code / Chapter 32 / Section 32-910
View Statute 32-910
Status: in_force

Any judge or clerk of election, precinct or district inspector, sheriff, or other peace officer shall clear the passageways and prevent obstruction of the doors or entries and provide free ingress to and egress from the polling place or building and shall arrest any person obstructing such passageways. Other than a registered voter engaged in receiving, preparing, or marking a ballot or depositing a ballot in a ballot box or a precinct-based optical scanner at the polling place, an election commissioner, a county clerk, a precinct inspector, a district inspector, a judge of election, a clerk of election, a member of a counting board, or a poll watcher as provided in section 32-1525 , no person shall be permitted to be within eight feet of the ballot boxes or within eight feet of any ballots being counted by a counting board.

Laws 1994, LB 76, § 253;

Laws 1997, LB 764, § 82;

Laws 2019, LB411, § 47;

Laws 2020, LB1055, § 13.