FrankGoortani/open-us-law huggingface dataset:
Neb. Rev. Stat. § 46-1127 — NE Code / Chapter 46 / Section 46-1127
46-1127
Status: in_force

(1) Any person who places any chemical in an irrigation distribution system or permits any chemical to be in an irrigation distribution system without having a properly operating (a) check and vacuum relief valve in the irrigation pipe, (b) inspection port or other device to check the performance of the check valve on the irrigation pipeline, (c) automatic low-pressure drain placed between the main check valve and the irrigation pump so that a solution will drain away from the source of water supply, (d) check valve in the chemical injection line, and (e) simultaneous interlock device between the power system of the chemical injection unit and the irrigation pumping plant to protect the water supply from contamination in the event such pumping plant ceases to operate or such other properly operating additional or replacement equipment as may be specified by the council pursuant to subsection (3) of this section shall be guilty of a Class IV misdemeanor.

(2) On or before October 1, 1986, the council shall adopt and promulgate rules and regulations specifying the standards for the equipment required pursuant to this section as are necessary to prevent the contamination of the water supply. The standards specified in such rules and regulations shall not be such as to impose an unduly severe or costly burden on any person without substantially contributing to the prevention of water contamination.

(3) The council may adopt and promulgate rules and regulations specifying equipment other than that required in subsection (1) of this section if changes in design, technology, or irrigation practices or other similar reasons warrant the use of equipment in addition to or in lieu of that enumerated in this section. Any equipment specified pursuant to this subsection shall provide protection to the water supply at least equal to that provided by the equipment required in subsection (1) of this section. The districts shall be given forty-five days to review and comment on rules and regulations proposed by the council prior to the hearing by the council.

Laws 1972, LB 1343, § 1;

Laws 1977, LB 40, § 267;

Laws 1977, LB 421, § 1;

Laws 1979, LB 4, § 1;

R.S.1943, (1984), § 46-612.01;

Laws 1986, LB 284, § 27.
Neb. Rev. Stat. § 66-2211 — NE Code / Chapter 66 / Section 66-2211
View Statute 66-2211
Status: in_force

(1) Beginning January 1, 2024, if a retail dealer constructs a new retail motor fuel site or cumulatively from such date replaces more than eighty percent of the motor fuel storage and dispensing infrastructure located at an existing retail motor fuel site, the retail dealer shall advertise for sale and sell E-15 gasoline from at least fifty percent of all qualifying motor fuel dispensers located at such retail motor fuel site unless the retail dealer has filed a statement with the department under section 66-2215 in which the retail dealer swears or affirms that the retail motor fuel site qualifies as a small retail motor fuel site.

(2) If the statewide ethanol blend rate for 2027 is below fourteen percent as determined pursuant to section 66-2216 and the retail motor fuel site is not a retail motor fuel site described in subsection (1) of this section, then beginning January 1, 2028, the retail dealer shall advertise for sale and sell E-15 gasoline from at least one qualifying motor fuel dispenser located at such retail motor fuel site unless:

(a) A waiver has been issued under section 66-2213 because the motor fuel storage and dispensing infrastructure located at the retail motor fuel site is not compatible with the use of E-15 gasoline;

(b) The retail motor fuel site is exempt under section 66-2214 because all of the motor fuel storage tanks located at such site are listed with the State Fire Marshal as described in section 66-2214 ; or

(c) The retail dealer has filed a statement with the department under section 66-2215 in which the retail dealer swears or affirms that the retail motor fuel site qualifies as a small retail motor fuel site.

(3) A retail dealer owning or operating a retail motor fuel site is not prohibited from advertising for sale and selling motor fuel from any number of nonqualifying motor fuel dispensers.

(4) It is not a violation of this section if a retail dealer is out of compliance with this section while (a) temporarily maintaining, repairing, or reconditioning motor fuel storage and dispensing infrastructure or (b) temporarily installing, expanding, replacing, or converting motor fuel storage and dispensing infrastructure. The department may require that a retail dealer notify the department in advance of such actions, and the department may inspect the retail motor fuel site to determine if a violation occurred.

Laws 2023, LB562, § 4;

Laws 2024, LB1095, § 2.
Neb. Rev. Stat. § 23-3586 — NE Code / Chapter 23 / Section 23-3586
23-3586
Status: in_force

Such petitions, written objections, findings, and recommendations filed as provided in sections 23-3584 and 23-3585 , if any, shall be heard by the county board without any unnecessary delay. In making its determination with respect to whether or not a proposed authority should be declared a public corporation of this state, the county board shall ascertain, to its satisfaction, that all of the requirements set forth in the Hospital Authorities Act have been met or complied with. If the county board determines that the formation of such authority will be conducive to the public health, convenience, or welfare, it shall declare the authority a public corporation and body politic of this state and shall declare the trustees nominated, or in case of meritorious objection thereto, other suitable trustees who shall be electors residing within the county in which the authority is situated, to be the board of trustees of the authority to serve until their successors are appointed and qualified. The board of trustees shall not consist of more than eleven members. In arriving at its determination as to who should be appointed to initial membership on the board of trustees of an authority, the county board shall give due consideration to each nominee's general reputation in the community, his or her education and experience in areas such as education, medicine, hospital administration, business management, finance, law, engineering, and other fields which might be of benefit to the authority, his or her background in public service activities, the amount of time and energy that he or she might be expected to be able to devote to the affairs of the authority, and such other factors as the county board may deem relevant. One or more of the trustees initially appointed shall be consumers of health care services as distinguished from providers of health care services. The county board in appointing the initial trustees shall classify such initial trustees so that approximately one-third of their number shall serve for two years, approximately one-third of their number shall serve for four years, and approximately one-third of their number shall serve for six years, their successors to be thereafter appointed for terms of six years each.

Laws 1971, LB 54, § 11;

Laws 1986, LB 733, § 2;

R.S.1943, (1987), § 23-343.84;

Laws 1993, LB 815, § 3;

Laws 1996, LB 898, § 1.
Neb. Rev. Stat. § 12-401 — NE Code / Chapter 12 / Section 12-401
View Statute 12-401
Status: in_force

The mayor of any city having fewer than twenty-five thousand inhabitants as determined by the most recent federal decennial census or the most recent revised certified count by the United States Bureau of the Census, by and with the consent of the council or a majority thereof, and the chairperson of the board of trustees of any village, by and with the consent of the village board or a majority thereof, may appoint a board of not fewer than three nor more than six members, to be known as the cemetery board, from among the citizens at large of such city, or from among the citizens at large from the county or counties in which the village is located for such village, who shall serve without pay and shall have entire control and management of any cemetery belonging to such city or village. Neither the mayor nor any member of the council nor the chairperson nor any member of the village board of trustees may be a member of the cemetery board. At the time of establishing such cemetery board, approximately one-third of the members shall be appointed for a term of one year, one-third for a term of two years, and one-third for a term of three years, and thereafter members shall be appointed for terms of three years. Vacancies in the membership of the board other than through the expiration of a term shall be filled for the unexpired portion of the term.

Laws 1917, c. 207, § 1, p. 496;

C.S.1922, § 4492;

C.S.1929, § 13-401;

R.S.1943, § 12-401;

Laws 2008, LB995, § 1;

Laws 2017, LB113, § 2;

Laws 2017, LB463, § 1.
Neb. Rev. Stat. § 29-3506 — NE Code / Chapter 29 / Section 29-3506
View Statute 29-3506
Status: in_force

Criminal history record information shall mean information collected by criminal justice agencies on individuals consisting of identifiable descriptions and notations of issuance of arrest warrants, arrests, detentions, indictments, charges by information, and other formal criminal charges, and any disposition arising from such arrests, charges, sentencing, correctional supervision, and release. Criminal history record information shall include any judgment against or settlement with the state as a result of a wrongful conviction pursuant to the Nebraska Claims for Wrongful Conviction and Imprisonment Act. Criminal history record information shall not include intelligence or investigative information.

Laws 1978, LB 713, § 6;

Laws 2009, LB260, § 9.

Nebraska Claims for Wrongful Conviction and Imprisonment Act, see section 29-4601 .

This section has no application to presentence reports and does not restrict the use of criminal history information in determining an appropriate sentence. State v. Guida, 230 Neb. 961, 434 N.W.2d 522 (1989).

This section has no application to presentence reports and does not restrict the use of criminal history information in determining an appropriate sentence. State v. Guida, 230 Neb. 961, 434 N.W.2d 522 (1989).
Neb. Rev. Stat. § 30-2302 — NE Code / Chapter 30 / Section 30-2302
View Statute 30-2302
Status: in_force

The intestate share of the surviving spouse is:

(1) if there is no surviving issue or parent of the decedent, the entire intestate estate;

(2) if there is no surviving issue but the decedent is survived by a parent or parents, the first one hundred thousand dollars, plus one-half of the balance of the intestate estate;

(3) if there are surviving issue all of whom are issue of the surviving spouse also, the first one hundred thousand dollars, plus one-half of the balance of the intestate estate;

(4) if there are surviving issue one or more of whom are not issue of the surviving spouse, one-half of the intestate estate.

Laws 1974, LB 354, § 24, UPC § 2-102;

Laws 1980, LB 694, § 2;

Laws 2009, LB35, § 19.
Neb. Rev. Stat. § 30-2452 — NE Code / Chapter 30 / Section 30-2452
View Statute 30-2452
Status: in_force

The death of a personal representative or the appointment of a guardian or conservator for the estate of a personal representative terminates his appointment. Until appointment and qualification of a successor or special representative to replace the deceased or protected representative, the representative of the estate of the deceased or protected personal representative, if any, has the duty to protect the estate possessed and being administered by his decedent or ward at the time his appointment terminates, has the power to perform acts necessary for protection and shall account for and deliver the estate assets to a successor or special personal representative upon his appointment and qualification.

Laws 1974, LB 354, § 130, UPC § 3-609.
Neb. Rev. Stat. § 68-625 — NE Code / Chapter 68 / Section 68-625
View Statute 68-625
Status: in_force

If, upon referendum, a majority of the eligible employees included in a referendum group which is defined in section 68-621 vote in favor of including service in positions included in such group under the state agreement, the state agency shall, within ninety days after the mailing of notice of the result of such referendum, prepare a plan for extending the benefits of Title II of the Social Security Act to such employees. Such plan shall meet the requirements of section 68-608 and shall inform the managing authority or authorities whose employees are included in such group of the provisions of such plan. Upon completion of such plan, the state agency shall apply for a modification of the state agreement to make it applicable to services performed by the employees of the state or of such political subdivision or educational institution eligible for inclusion under such agreement. The state agency may prepare such applications for modification to cover one or more such plans as it deems advisable, except that the state agency shall not delay application for such modification more than six months after the preparation of any plan as set forth in this section. The state agency may require any such managing authority to furnish any information necessary for the preparation of such plan by the state agency.

Laws 1955, c. 264, § 19, p. 824;

Laws 1988, LB 802, § 7.
Neb. Rev. Stat. § 3-150 — NE Code / Chapter 3 / Section 3-150
View Statute 3-150
Status: in_force

Any person, firm, partnership, limited liability company, company, agency, corporation, body politic, municipality, or National Guard or reserve officer of the United States Army who buys and uses aircraft fuel meeting the specifications set by the Department of Revenue, bought for and used only in aircraft in connection with any air school approved by the federal government, on which the tax has been paid or which is chargeable under section 3-148 and who consumes the same for purposes of operating or propelling aircraft used strictly for air school purposes shall be reimbursed the amount of tax so paid in the manner and subject to the conditions provided in this section and section 3-151 .

Laws 1945, c. 5, § 15, p. 100;

Laws 1976, LB 460, § 7;

Laws 1991, LB 627, § 3;

Laws 1993, LB 121, § 83;

Laws 2019, LB512, § 1.
Neb. Rev. Stat. § 23-219 — NE Code / Chapter 23 / Section 23-219
View Statute 23-219
Status: in_force

The corporate name of each town shall be the town of (name of town), and all acts done by the town and all actions by or against the town shall be in its corporate name.

Laws 1895, c. 28, § 17, p. 136;

R.S.1913, § 1003;

C.S.1922, § 905;

C.S.1929, § 26-219;

R.S.1943, § 23-219.

All actions by or against a town are required to be in its corporate name. Town of Denver v. Myers, 63 Neb. 107, 88 N.W. 191 (1901).

All actions by or against a town are required to be in its corporate name. Town of Denver v. Myers, 63 Neb. 107, 88 N.W. 191 (1901).
Neb. Rev. Stat. § 43-146.15 — NE Code / Chapter 43 / Section 43-146.15
View Statute 43-146.15
Status: in_force

The department or an agency which receives information as provided in section 43-146.11 shall file a written report with the clerk of the court or department within nine months of receipt of the information. The report shall indicate whether the relative has been located and whether a contact between the relative and the adopted person has been arranged or has occurred. If the relative has not been located, the report shall set forth the efforts made to identify and locate the relative.

Laws 1988, LB 372, § 20;

Laws 1997, LB 307, § 56;

Laws 2007, LB296, § 104.
Neb. Rev. Stat. § 64-101 — NE Code / Chapter 64 / Section 64-101
View Statute 64-101
Status: in_force

(1) The Secretary of State may appoint and commission such number of persons to the office of notary public as he or she deems necessary.

(2) There shall be one class of such appointments which shall be valid in the entire state and referred to as general notaries public.

(3) The term effective date, as used with reference to a commission of a notary public, shall mean the date of the commission unless the commission states when it goes into effect, in which event that date shall be the effective date.

(4) A general commission may refer to the office as notary public and shall contain a provision showing that the person therein named is authorized to act as a notary public anywhere within the State of Nebraska or, in lieu thereof, may contain the word general or refer to the office as general notary public.

(5) No person shall be appointed a notary public unless he or she has taken and passed a written examination on the duties and obligations of a notary public as provided in section 64-101.01 .

(6) No appointment shall be made if such applicant has been convicted of (a) a felony or (b) a crime involving fraud or dishonesty within the previous five years.

(7) No appointment shall be made until such applicant has attained the age of nineteen years nor unless such applicant certifies to the Secretary of State under oath that he or she has carefully read and understands the laws relating to the duties of notaries public and will, if commissioned, faithfully discharge the duties pertaining to the office and keep records according to law.

(8) No person shall be appointed a notary public unless he or she resides in the State of Nebraska, except that the Secretary of State may appoint and commission a person as a notary public who resides in a state that borders the State of Nebraska if such person is employed in or has a regular place of work or business in this state and the Secretary of State has obtained evidence of an address of the physical location of such employment or place of work or business prior to such appointment and commission.

(9) Each person appointed a notary public shall hold office for a term of four years from the effective date of his or her commission unless sooner removed.

Laws 1869, § 1, p. 20;

G.S.1873, p. 493;

Laws 1883, c. 58, § 1, p. 248;

R.S.1913, § 5517;

Laws 1919, c. 123, § 1, p. 293;

Laws 1921, c. 99, § 2, p. 365;

C.S.1922, § 4813;

C.S.1929, § 64-101;

Laws 1943, c. 136, § 1, p. 467;

R.S.1943, § 64-101;

Laws 1945, c. 145, § 1, p. 487;

Laws 1951, c. 205, § 1, p. 763;

Laws 1967, c. 396, § 2, p. 1241;

Laws 1971, LB 88, § 1;

Laws 1976, LB 622, § 1;

Laws 2004, LB 315, § 2;

Laws 2012, LB398, § 2.

The Governor is authorized to appoint such number of persons to the office of notary public as he shall deem necessary. Cohn v. Butterfield, 89 Neb. 849, 132 N.W. 400 (1911).

The Governor is authorized to appoint such number of persons to the office of notary public as he shall deem necessary. Cohn v. Butterfield, 89 Neb. 849, 132 N.W. 400 (1911).
Neb. Rev. Stat. § 46-103 — NE Code / Chapter 46 / Section 46-103
View Statute 46-103
Status: in_force

A petition shall be filed with the county board, signed by a majority of the electors of the proposed district who shall own or hold leasehold estates in a majority of the whole number of acres belonging to or held by the electors of the proposed district, which petition shall set forth and particularly describe the boundaries of the district and shall pray that the same be organized under the provisions of sections 46-101 to 46-128 .

Laws 1895, c. 70, § 2, p. 270;

Laws 1903, c. 121, § 1, p. 616;

Laws 1909, c. 155, § 1, p. 558;

R.S.1913, § 3458;

Laws 1917, c. 81, § 1, p. 191;

C.S.1922, § 2858;

C.S.1929, § 46-102;

Laws 1933, c. 87, § 1, p. 355;

C.S.Supp.,1941, § 46-102;

R.S.1943, § 46-103.

The boundaries of the irrigation district must be sufficiently definite and certain to identify the land to be irrigated thereby. Baker v. Central Irr. Dist., 93 Neb. 460, 140 N.W. 765 (1913).

The boundaries of the irrigation district must be sufficiently definite and certain to identify the land to be irrigated thereby. Baker v. Central Irr. Dist., 93 Neb. 460, 140 N.W. 765 (1913).
Neb. Rev. Stat. § 38-162 — NE Code / Chapter 71 / Section 38-162
38-162
Status: in_force

Except as otherwise provided in the Uniform Credentialing Act:

(1) Each board shall consist of four members;

(2) Each board shall have at least one public member; and

(3) If a board has eleven or more members, it shall have at least three public members.

Laws 1927, c. 167, § 13, p. 457;

C.S.1929, § 71-303;

Laws 1943, c. 150, § 5, p. 540;

R.S.1943, § 71-113;

Laws 1963, c. 408, § 4, p. 1311;

Laws 1971, LB 587, § 2;

Laws 1978, LB 406, § 5;

Laws 1979, LB 427, § 6;

Laws 1980, LB 94, § 3;

Laws 1983, LB 476, § 1;

Laws 1984, LB 481, § 10;

Laws 1985, LB 129, § 6;

Laws 1986, LB 277, § 6;

Laws 1986, LB 286, § 33;

Laws 1986, LB 579, § 25;

Laws 1986, LB 355, § 12;

Laws 1987, LB 473, § 8;

Laws 1988, LB 1100, § 9;

Laws 1988, LB 557, § 17;

Laws 1993, LB 669, § 7;

Laws 1994, LB 1223, § 4;

Laws 1995, LB 406, § 15;

Laws 1999, LB 828, § 17;

Laws 2004, LB 1083, § 108;

Laws 2006, LB 994, § 80;

R.S.Supp.,2006, § 71-113;

Laws 2007, LB463, § 62.
Neb. Rev. Stat. § 28-917 — NE Code / Chapter 28 / Section 28-917
View Statute 28-917
Status: in_force

(1) A person commits bribery if:

(a) He offers, confers, or agrees to confer any benefit upon a public servant or peace officer with the intent to influence that public servant or peace officer to violate his public duty, or oath of office, thereby influencing the public servant's or peace officer's vote, opinion, judgment, exercise of discretion, or other action or inaction in his official capacity; or

(b) While a public servant or peace officer, he solicits, accepts, or agrees to accept any benefit upon an agreement or understanding that he will violate his public duty or oath of office by changing or amending his vote, opinion, judgment, exercise of discretion, or other action or inaction as a public servant or peace officer.

(2) It is no defense to prosecution under this section that the person sought to be influenced was not qualified to act in the desired way, whether because he had not yet assumed office, lacked jurisdiction, or for any other reason.

(3) Bribery is a Class IV felony.

Laws 1977, LB 38, § 202.

This section does not repeal by implication section 49-14,101. This section prohibits anyone from conferring or offering to confer "any benefit" upon a public servant with the intent to influence that public servant's actions in his official capacity. State v. Null, 247 Neb. 192, 526 N.W.2d 220 (1995).

This section does not repeal by implication section 49-14,101. This section prohibits anyone from conferring or offering to confer "any benefit" upon a public servant with the intent to influence that public servant's actions in his official capacity. State v. Null, 247 Neb. 192, 526 N.W.2d 220 (1995).

The crime of felony bribery is not committed unless the acts of the defendant actually influence a public servant's or peace officer's vote, opinion, judgment, exercise of discretion, or other action or inaction in his or her official capacity. State v. Kao, 3 Neb. App. 727, 531 N.W.2d 555 (1995).

The crime of felony bribery is not committed unless the acts of the defendant actually influence a public servant's or peace officer's vote, opinion, judgment, exercise of discretion, or other action or inaction in his or her official capacity. State v. Kao, 3 Neb. App. 727, 531 N.W.2d 555 (1995).