FrankGoortani/open-us-law huggingface dataset:
Neb. Rev. Stat. § 69-1303 — NE Code / Chapter 69 / Section 69-1303
View Statute 69-1303
Status: in_force

(a) Unclaimed funds, as defined in this section, held and owing by a life insurance corporation shall be presumed abandoned if the last-known address, according to the records of the corporation, of the person entitled to the funds is within this state. If a person other than the insured or annuitant is entitled to the funds and no address of such person is known to the corporation or if it is not definite and certain from the records of the corporation what person is entitled to the funds, it is presumed that the last-known address of the person entitled to the funds is the same as the last-known address of the insured or annuitant according to the records of the corporation.

(b) Unclaimed funds, as used in this section, means all money held and owing by any life insurance corporation unclaimed and unpaid for more than five years after the money became due and payable as established from the records of the corporation under any life or endowment insurance policy or annuity contract which has matured or terminated. A life insurance policy not matured by actual proof of the death of the insured is deemed to be matured and the proceeds thereof are deemed to be due and payable if such policy was in force when the insured attained the limiting age under the mortality table on which the reserve is based, unless the person appearing entitled thereto has within the preceding five years, (1) assigned, readjusted, or paid premiums on the policy, or subjected the policy to loan, or (2) corresponded in writing with the life insurance corporation concerning the policy. Money otherwise payable according to the records of the corporation are deemed due and payable although the policy or contract has not been surrendered as required.

Laws 1969, c. 611, § 3, p. 2480;

Laws 1977, LB 305, § 2;

Laws 1992, Third Spec. Sess., LB 26, § 5.
Neb. Rev. Stat. § 15-404 — NE Code / Chapter 15 / Section 15-404
View Statute 15-404
Status: repealed

All ordinances, resolutions, or orders for the appropriation or payment of money in a city of the primary class shall require for passage or adoption the concurrence of a majority of the members elected to the city council. Ordinances of a general or permanent nature shall be read by title on three different days unless the city council votes to suspend this requirement by a two-thirds vote of the members, except that such requirement shall not be suspended (1) for any ordinance for the annexation of territory or the redrawing of boundaries for city council election districts or wards or (2) as otherwise provided by law. No ordinance shall contain a subject which is not clearly expressed in its title. No ordinance or section thereof shall be revised or amended unless the new ordinance contains the entire ordinance or section as revised or amended and the ordinance or section so amended shall be repealed.

Laws 1901, c. 16, § 73, p. 96;

R.S.1913, § 4513;

C.S.1922, § 3899;

C.S.1929, § 15-404;

R.S.1943, § 15-404;

Laws 2018, LB865, § 2;

Laws 2020, LB1003, § 101;

Laws 2021, LB131, § 10.

When no vote was taken to dispense with further reading of ordinance after being amended, fact that it passed by more than two-thirds vote of members was substantial compliance. Miller v. City of Lincoln, 94 Neb. 577, 143 N.W. 921 (1913).

When no vote was taken to dispense with further reading of ordinance after being amended, fact that it passed by more than two-thirds vote of members was substantial compliance. Miller v. City of Lincoln, 94 Neb. 577, 143 N.W. 921 (1913).
Neb. Rev. Stat. § 16-120 — NE Code / Chapter 16 / Section 16-120
View Statute 16-120
Status: in_force

The inhabitants of territories annexed by a city of the first class shall receive substantially the services of other inhabitants of such city as soon as practicable. Adequate plans and necessary city council action to furnish such services shall be adopted not later than one year after the date of annexation, and such inhabitants shall be subject to the ordinances and regulations of such city, except that the one-year period shall be tolled pending final court decision in any court action to contest such annexation.

Laws 1967, c. 64, § 4, p. 214;

Laws 1989, LB 421, § 2;

Laws 2016, LB704, § 9.

This section requires a city to furnish city services to newly annexed areas within 1 year after annexation. In re Application of City of Grand Island, 247 Neb. 446, 527 N.W.2d 864 (1995).

This section requires a city to furnish city services to newly annexed areas within 1 year after annexation. In re Application of City of Grand Island, 247 Neb. 446, 527 N.W.2d 864 (1995).

Requirement of this section that benefits of annexation be furnished as soon as practicable after annexation meets requirements of due process. Plumfield Nurseries, Inc. v. Dodge County, 184 Neb. 346, 167 N.W.2d 560 (1969).

Requirement of this section that benefits of annexation be furnished as soon as practicable after annexation meets requirements of due process. Plumfield Nurseries, Inc. v. Dodge County, 184 Neb. 346, 167 N.W.2d 560 (1969).

Where not impossible for city to provide services within one year, action contesting annexation on ground of such alleged inability was premature. United States v. City of Bellevue, 334 F.Supp. 881 (D. Neb. 1971).

Where not impossible for city to provide services within one year, action contesting annexation on ground of such alleged inability was premature. United States v. City of Bellevue, 334 F.Supp. 881 (D. Neb. 1971).
Neb. Rev. Stat. § 70-701 — NE Code / Chapter 70 / Section 70-701
View Statute 70-701
Status: in_force

Sections 70-701 to 70-738 may be cited as the Electric Cooperative Corporation Act.

Laws 1937, c. 50, § 1, p. 203;

C.S.Supp.,1941, § 70-801;

R.S.1943, § 70-701.
Neb. Rev. Stat. § 29-2106 — NE Code / Chapter 29 / Section 29-2106
View Statute 29-2106
Status: in_force

The effect of allowing a motion in arrest of judgment shall be to place the defendant in the same position with respect to the prosecution as before the indictment was found. If, from the evidence on the trial, there shall be sufficient reason to believe him guilty of an offense, the court shall order him to enter into a recognizance with sufficient security, conditioned for his appearance at the first day of the next term of the same court; otherwise the defendant shall be discharged.

G.S.1873, c. 58, § 494, p. 832;

R.S.1913, § 9135;

C.S.1922, § 10160;

C.S.1929, § 29-2105;

R.S.1943, § 29-2106.
Neb. Rev. Stat. § 23-3901 — NE Code / Chapter 23 / Section 23-3901
View Statute 23-3901
Status: in_force

(1) A county board may create a county guardian ad litem division to carry out section 43-272.01 .

(2) The county board shall appoint a division director for the guardian ad litem division. The division director shall be an attorney admitted to practice law in Nebraska with at least five years of Nebraska juvenile court experience as a guardian ad litem for children, including both trial and appellate practice experience, prior to appointment. The division director may appoint assistant guardians ad litem and other employees as are reasonably necessary to permit him or her to effectively and competently fulfill the responsibilities of the division, subject to the approval and consent of the county board. All assistant guardians ad litem shall be attorneys admitted to practice law in Nebraska and shall comply with all requirements of the Supreme Court relating to guardians ad litem.

(3) All assistant guardians ad litem employed by the division shall devote their full time to the work of the division and shall not engage in the private practice of law so long as each assistant guardian ad litem receives the same annual salary as each deputy county attorney of comparable ability and experience receives in such counties.

(4) The director and any assistant guardian ad litem employed by the division shall not solicit or accept any fee for representing a child in a case in which the director or the assistant guardian ad litem is already acting as the child's court-appointed guardian ad litem.

Laws 2016, LB894, § 14.
Neb. Rev. Stat. § 38-2897 — NE Code / Chapter 71 / Section 38-2897
38-2897
Status: in_force

(1) The requirement to file a report under subsection (1) of section 38-1,125 shall not apply to pharmacist interns or pharmacy technicians, except that a pharmacy technician shall, within thirty days after having first-hand knowledge of facts giving him or her reason to believe that any person in his or her profession, or any person in another profession under the regulatory provisions of the department, may be practicing while his or her ability to practice is impaired by alcohol, controlled substances, or narcotic drugs, report to the department in such manner and form as the department may require. A report made to the department under this section shall be confidential. The identity of any person making such report or providing information leading to the making of such report shall be confidential.

(2) A pharmacy technician making a report to the department under this section, except for self-reporting, shall be completely immune from criminal or civil liability of any nature, whether direct or derivative, for filing a report or for disclosure of documents, records, or other information to the department under this section. The immunity granted under this section shall not apply to any person causing damage or injury by his or her willful, wanton, or grossly negligent act of commission or omission.

(3) A report submitted by a professional liability insurance company on behalf of a credential holder within the thirty-day period prescribed in this section shall be sufficient to satisfy the credential holder's reporting requirement under this section.

(4) Persons who are members of committees established under the Health Care Quality Improvement Act, the Patient Safety Improvement Act, or section 25-12,123 or witnesses before such committees shall not be required to report under this section. Any person who is a witness before such a committee shall not be excused from reporting matters of first-hand knowledge that would otherwise be reportable under this section only because he or she attended or testified before such committee.

(5) Documents from original sources shall not be construed as immune from discovery or use in actions under this section.

Laws 2007, LB236, § 38;

R.S.Supp.,2007, § 71-1,147.72;

Laws 2017, LB166, § 18.

Health Care Quality Improvement Act, see section 71-7904 .

Patient Safety Improvement Act, see section 71-8701 .
Neb. Rev. Stat. § 28-1303 — NE Code / Chapter 28 / Section 28-1303
View Statute 28-1303
Status: in_force

Whoever shall build, erect, continue or keep up any dam or other obstruction in any river or stream of water in this state and thereby raise an artificial pond, or produce stagnant waters, which shall be manifestly injurious to the public health and safety, shall be guilty of a Class III misdemeanor and the court shall, moreover, order every such nuisance to be abated or removed.

Laws 1977, LB 38, § 287.
Neb. Rev. Stat. § 31-549 — NE Code / Chapter 31 / Section 31-549
View Statute 31-549
Status: in_force

Whenever a sanitary drainage district shall have been formed under sections 31-501 to 31-523 , and trustees thereof have been elected, if such trustees find that a municipality formerly within the boundaries of such sanitary district has grown and enlarged its corporate limits beyond the boundaries of such sanitary district, the board of trustees may by resolution include the whole of the corporate area of such municipality within its boundaries by enlarging same.

Laws 1955, c. 116, § 1, p. 308.
Neb. Rev. Stat. § 48-2802 — NE Code / Chapter 48 / Section 48-2802
View Statute 48-2802
Status: in_force

The purpose of the Manufacturing Modernization and Workforce Development Pilot Investment Act is to:

(1) Provide one-time grants to eligible manufacturing operations for new and existing capital investments that will increase or lead to the adoption and integration of smart technologies and increased productivity; and

(2) Provide a positive economic impact in the State of Nebraska.

Laws 2025, LB265, § 2.
Neb. Rev. Stat. § 70-2005 — NE Code / Chapter 70 / Section 70-2005
View Statute 70-2005
Status: in_force

Beginning March 1, 2010, and on each March 1 thereafter, each local distribution utility shall produce and publish on its website, or if no website is available, in its main office, and provide to the Nebraska Power Review Board an annual net metering report that shall include the following information:

(1) The total number of qualified facilities;

(2) The total estimated rated generating capacity of qualified facilities;

(3) The total estimated net kilowatt-hours received from customer-generators; and

(4) The total estimated amount of energy produced by the customer-generators.

Laws 2009, LB436, § 5.
Neb. Rev. Stat. § 25-1282 — NE Code / Chapter 25 / Section 25-1282
View Statute 25-1282
Status: in_force

The certificate of a public officer that he has made diligent and ineffectual search for a paper in his office is of the same efficacy in all cases as if such officer had personally appeared and sworn to such facts.

R.S.1867, Code § 410, p. 462;

R.S.1913, § 7975;

C.S.1922, § 8916;

C.S.1929, § 20-1282;

R.S.1943, § 25-1282.

Where public officer certifies he has been unable to find original record, secondary evidence is admissible. Clough v. North Central Gas Co., 150 Neb. 418, 34 N.W.2d 862 (1948).

Where public officer certifies he has been unable to find original record, secondary evidence is admissible. Clough v. North Central Gas Co., 150 Neb. 418, 34 N.W.2d 862 (1948).

Nonexistence of record may be proved by anyone who has made search therefor. Smith v. First Nat. Bank of Chadron, 45 Neb. 444, 63 N.W. 796 (1895); Gutta Percha & Rubber Mfg. Co. v. Village of Ogalalla, 40 Neb. 775, 59 N.W. 513 (1894).

Nonexistence of record may be proved by anyone who has made search therefor. Smith v. First Nat. Bank of Chadron, 45 Neb. 444, 63 N.W. 796 (1895); Gutta Percha & Rubber Mfg. Co. v. Village of Ogalalla, 40 Neb. 775, 59 N.W. 513 (1894).
Neb. Rev. Stat. § 60-3304 — NE Code / Chapter 60 / Section 60-3304
View Statute 60-3304
Status: in_force

Before an automated-driving-system-equipped vehicle may operate on the public roads of this state, a person shall submit proof of financial responsibility satisfactory to the department that the automated-driving-system-equipped vehicle is covered by insurance or proof of self-insurance that satisfies the requirements of the Motor Vehicle Safety Responsibility Act.

Laws 2018, LB989, § 4.

Motor Vehicle Safety Responsibility Act, see section 60-569 .
Neb. Rev. Stat. § 2-4112 — NE Code / Chapter 2 / Section 2-4112
View Statute 2-4112
Status: in_force

In the case of a pledge or mortgage of dry peas and lentils as security for a loan under the federal price support program, the tax shall be deducted from the proceeds of such loan at the time the loan is made.

Laws 2020, LB803, § 12.
Neb. Rev. Stat. § 38-2818.03 — NE Code / Chapter 38 / Section 38-2818.03
View Statute 38-2818.03
Status: in_force

Drug product select means to dispense, without the practitioner's express authorization, an equivalent drug product or an interchangeable biological product in place of the brand-name drug or the biological product contained in a medical order of such practitioner.

Laws 2017, LB481, § 8.
Neb. Rev. Stat. § 29-4604 — NE Code / Chapter 29 / Section 29-4604
View Statute 29-4604
Status: in_force

(1) A claimant under the Nebraska Claims for Wrongful Conviction and Imprisonment Act shall recover damages found to proximately result from the wrongful conviction and that have been proved based upon a preponderance of the evidence.

(2) The following costs shall not offset damages:

(a) Costs of imprisonment; and

(b) Value of any care or education provided to the claimant while he or she was imprisoned.

(3) No damages shall be payable to the claimant for any period of time during which he or she was concurrently imprisoned for any unrelated criminal offense.

(4) In no case shall damages awarded under the act exceed five hundred thousand dollars per claimant per occurrence.

(5) A claimant's cause of action under the act shall not be assignable and shall not survive the claimant's death.

Laws 2009, LB260, § 4.

Where damages are subject to a statutory cap, the determination of damages is a two-stage process which involves an initial factual determination of the actual damages sustained by the injured party and then a legal application of the statutory cap if the actual damages exceed the statutory maximum recoverable amount. Dean v. State, 288 Neb. 530, 849 N.W.2d 138 (2014).

Where damages are subject to a statutory cap, the determination of damages is a two-stage process which involves an initial factual determination of the actual damages sustained by the injured party and then a legal application of the statutory cap if the actual damages exceed the statutory maximum recoverable amount. Dean v. State, 288 Neb. 530, 849 N.W.2d 138 (2014).
Neb. Rev. Stat. § 58-809 — NE Code / Chapter 58 / Section 58-809
View Statute 58-809
Status: in_force

Private institution of higher education means a not-for-profit educational institution located within this state which is not owned or controlled by the state or any political subdivision, agency, instrumentality, district, or municipality thereof, which is authorized by law to provide a program of education beyond the high school level, and which:

(1) Admits as regular students only individuals having a certificate of graduation from a high school or the recognized equivalent of such a certificate;

(2) Provides an educational program for which it awards a bachelor's degree; provides an educational program, admission into which is conditioned upon the prior attainment of a bachelor's degree or its equivalent, for which it awards a postgraduate degree; provides a program of not less than two years in length which is acceptable for full credit toward a bachelor's degree; or offers a two-year program in engineering, mathematics, or the physical or biological sciences which is designed to prepare the student to work as a technician and at a semiprofessional level in engineering, research, medicine, or other technological fields which require the understanding and application of basic engineering, scientific, or mathematical principles or knowledge;

(3) Is accredited by an accrediting agency or association or, if not so accredited, is an institution whose credits are accepted, on transfer, by not less than three institutions which are so accredited, for credit on the same basis as if transferred from an institution so accredited; and

(4) Has a student admissions policy that does not violate any other Nebraska or federal law against discrimination on the basis of race, color, creed, national origin, ancestry, age, gender, handicap, or military or veteran status.

Laws 1981, LB 321, § 9;

R.S.1943, (1994), § 79-2909;

Laws 1995, LB 5, § 7;

Laws 1998, LB 303, § 1;

R.S.1943, (2008), § 85-1707;

Laws 2013, LB170, § 9;

Laws 2021, LB528, § 12;

Laws 2025, LB150, § 96.
Neb. Rev. Stat. § 8-2908 — NE Code / Chapter 8 / Section 8-2908
View Statute 8-2908
Status: in_force

(1) A broker-dealer or investment adviser may delay a transaction or disbursement from an account of an eligible adult or an account on which an eligible adult is a beneficiary if:

(a) The broker-dealer or investment adviser reasonably believes, after initiating an internal review of the requested transaction or disbursement, that the requested transaction or disbursement may result in financial exploitation of an eligible adult; and

(b) The broker-dealer or investment adviser:

(i) Immediately, but in no event more than two business days after the requested transaction or disbursement, provides written notification of the delay and the reason for the delay to all parties authorized to transact business on the account unless any such party is reasonably believed to have engaged in suspected or attempted financial exploitation of the eligible adult;

(ii) Immediately, but in no event more than two business days after the requested transaction or disbursement, notifies the agencies; and

(iii) Continues its internal review of the suspected or attempted financial exploitation of the eligible adult, as necessary, and reports the internal review's results to the agencies upon request.

(2) Any delay of a transaction or disbursement as authorized by this section will expire upon the sooner of:

(a) A determination by the broker-dealer or investment adviser that the transaction or disbursement will not result in financial exploitation of the eligible adult; or

(b) Fifteen business days after the date on which the broker-dealer or investment adviser first delayed the transaction or disbursement of the funds, unless either of the agencies requests that the broker-dealer or investment adviser extend the delay, in which case the delay shall expire no more than thirty business days after the date on which the broker-dealer or investment adviser first delayed the transaction or disbursement of the funds unless sooner terminated by either of the agencies or by an order of a court of competent jurisdiction.

(3) A court of competent jurisdiction may enter an order extending the delay of the transaction or disbursement of the funds or may order other protective relief based on the petition of (a) either or both of the agencies, (b) the broker-dealer or investment adviser that initiated the delay under this section, or (c) any other interested party.

(4) Any qualified person that, in good faith and exercising reasonable care, complies with this section shall be immune from any administrative or civil liability that might otherwise arise from such delay or notification.

Laws 2021, LB297, § 5.
Neb. Rev. Stat. § 25-1655 — NE Code / Chapter 25 / Section 25-1655
View Statute 25-1655
Status: in_force

(1) Prior to the jury term or at any time during the jury term, the jury commissioner may draw potential jurors from the master key list for service on petit jury panels that will be needed throughout the jury term. The jury commissioner shall draw such number of potential jurors from the master key list as the judge or judges direct.

(2) In drawing the names of potential jurors, the jury commissioner may use a manual jury selection process or a jury management system. The jury commissioner shall investigate the potential jurors so drawn pursuant to the two-step qualifying and summoning system or the one-step qualifying and summoning system.

(3)(a) If the jury commissioner uses the two-step qualifying and summoning system, he or she shall deliver to each potential juror a juror qualification form pursuant to section 25-1657 .

(b) If the jury commissioner uses the one-step qualifying and summoning system, he or she shall deliver to each potential juror a juror qualification form pursuant to section 25-1657 and shall serve the potential juror with a summons pursuant to section 25-1660 .

Laws 2020, LB387, § 12.