FrankGoortani/open-us-law huggingface dataset:
Neb. Rev. Stat. § 71-957 — NE Code / Chapter 71 / Section 71-957
View Statute 71-957
Status: in_force

All proceedings held under the Nebraska Mental Health Commitment Act or the Sex Offender Commitment Act shall be of record, and all oral proceedings shall be reported verbatim by either a qualified shorthand reporter or by tape-recording equipment equivalent in quality to that required in county courts by section 25-2732 . The written findings of the mental health board shall be part of the subject's records and shall be available to the parties in the case and to the treatment facility where the subject is receiving treatment pursuant to a commitment order of the mental health board under section 71-925 or 71-1209 . Any qualified shorthand reporter who reports proceedings presided over by a board or otherwise than in his or her capacity as an official district court stenographic reporter shall apply to the court for reasonable expenses and fees for services performed in such hearings. The court shall fix reasonable expenses and fees, and the county board shall allow payment to the reporter in the full amount fixed by the court.

Laws 1976, LB 806, § 71;

Laws 2000, LB 884, § 18;

R.S.Supp.,2002, § 83-1061;

Laws 2004, LB 1083, § 77;

Laws 2006, LB 1199, § 48.

Sex Offender Commitment Act, see section 71-1201 .
Neb. Rev. Stat. § 18-2110 — NE Code / Chapter 19 / Section 18-2110
18-2110
Status: in_force

A redevelopment plan shall not be submitted or recommended to the governing body of the city in which the redevelopment project area is located until a general plan for the development of the city has been prepared.

Laws 1951, c. 224, § 6(3), p. 805;

R.R.S.1943, § 14-1610;

R.R.S.1943, § 19-2610;

Laws 2020, LB1021, § 4.
Neb. Rev. Stat. § 46-170 — NE Code / Chapter 46 / Section 46-170
View Statute 46-170
Status: in_force

Upon the filing of the copies of the order, as mentioned in section 46-169 , the secretary shall record in the minutes of the board the petition aforesaid; and the minutes, or a certified copy thereof, shall be admissible in evidence with the same effect as the petition.

Laws 1895, c. 70, § 43, p. 295;

R.S.1913, § 3501;

C.S.1922, § 2901;

C.S.1929, § 46-146;

R.S.1943, § 46-170.
Neb. Rev. Stat. § 30-2417 — NE Code / Chapter 30 / Section 30-2417
View Statute 30-2417
Status: in_force

An application for informal probate shall be declined if it relates to one or more of a known series of testamentary instruments the latest of which does not expressly revoke the earlier, except that a series consisting of a will with its codicils may be informally probated.

Laws 1974, LB 354, § 95, UPC § 3-304.
Neb. Rev. Stat. § 37-207.01 — NE Code / Chapter 37 / Section 37-207.01
View Statute 37-207.01
Status: in_force

Authorized inspector means a person who meets the requirements established in rules and regulations of the commission to inspect for aquatic invasive species and includes, but is not limited to, a conservation officer and a peace officer as defined in section 49-801 .

Laws 2012, LB391, § 4.
Neb. Rev. Stat. § 44-208.04 — NE Code / Chapter 44 / Section 44-208.04
View Statute 44-208.04
Status: in_force

Every subscription to the capital stock of a corporation in the process of organization shall contain a stipulation that no sum shall be used for promotion or organization expense in excess of a stated percent of the amount paid upon the subscription. Such sum shall in no event exceed the percentage permitted by law. All sums paid by subscribers shall be held or invested in the manner described in the corporation's application for approval to solicit subscriptions required by section 44-208.01 , and no sums may be disbursed by the corporation except for commissions or other promotion or organization expenses until the corporation has procured a certificate of authority from the Department of Insurance. Every subscription for stock, and every application for membership or for insurance made prior to the date the corporation is authorized to write insurance, shall contain a stipulation that the consideration paid by the subscriber or applicant shall be returned to him without any deduction except for organization and promotion expenses actually incurred, in no event to exceed the maximum permitted by law, in case the corporation fails to complete its organization and procure its certificate of authority, or issue the policy applied for.

Laws 1957, c. 178, § 5, p. 613.
Neb. Rev. Stat. § 39-2301 — NE Code / Chapter 39 / Section 39-2301
View Statute 39-2301
Status: in_force

(1) Sections 39-2301 to 39-2311 shall be known and may be cited as the County Highway and City Street Superintendents Act.

(2) The Legislature finds that in order to safeguard life, health, and property, and in order to further professional management of county road and municipal street programs, persons practicing or offering to practice street or highway superintending in this state are encouraged to become licensed as provided in the act.

Laws 1969, c. 144, § 1, p. 665;

Laws 2003, LB 500, § 1.
Neb. Rev. Stat. § 9-1307 — NE Code / Chapter 9 / Section 9-1307
View Statute 9-1307
Status: in_force

(1) Within twenty days after a remittance pursuant to section 9-1306 due to an outstanding state liability, the Department of Revenue shall notify the obligor of the remittance. The notice shall state (a) the basis for the claim to the outstanding state liability by the Department of Revenue, (b) the application of the winnings payment against the outstanding state liability of the obligor, (c) the obligor's opportunity to give written notice of intent to contest the validity of the claim before the applicable department to which the outstanding state liability is owed within thirty days after the date of the mailing of the notice, (d) the mailing address to which the request must be sent, and (e) that a failure to contest the claim in writing within the thirty-day period will be deemed a waiver of the opportunity to contest the claim resulting in a setoff by default.

(2)(a) Within twenty days after notification from the Department of Revenue of a remittance pursuant to section 9-1306 due to owing a debt certified by the Department of Health and Human Services, the Department of Health and Human Services shall send written notification to the obligor of an assertion of its rights, or of the rights of an individual not eligible as a public assistance recipient, to all or a portion of the obligor's winnings payment.

(b) The written notification shall clearly set forth (i) the basis for the claim to the winnings payment, (ii) the intention to apply the winnings payment against the debt owed to a claimant, (iii) the obligor's opportunity to give written notice of intent to contest the validity of the claim before the Department of Health and Human Services within thirty days after the date of the mailing of the notice, (iv) the mailing address to which the request for a hearing must be sent, and (v) that failure to apply for a hearing in writing within the thirty-day period will be deemed a waiver of the opportunity to contest the claim resulting in a setoff by default.

Laws 2024, LB1317, § 39;

Laws 2025, LB415, § 12.
Neb. Rev. Stat. § 32-514 — NE Code / Chapter 32 / Section 32-514
View Statute 32-514
Status: in_force

Candidates for membership on the community college area board of governors shall be elected from the election districts established by the board of governors pursuant to section 85-1512 . Two members of the board shall be elected from each election district, and one member shall be elected at large from the area. Board members shall be elected for four-year terms. Board members shall be elected on the nonpartisan ballot.

Laws 1994, LB 76, § 110.
Neb. Rev. Stat. § 43-146.06 — NE Code / Chapter 43 / Section 43-146.06
View Statute 43-146.06
Status: in_force

A biological parent may at any time file a notice of nonconsent with the department stating that at no time prior to his or her death may any information on the adopted person's original birth certificate or any other identifying information, except medical histories as provided in section 43-107 , be released to such adopted person. Failure by a biological parent to sign the notice of nonconsent shall be deemed a notice of consent by such parent to release the adopted person's original birth certificate to such adopted person.

Laws 1988, LB 372, § 11;

Laws 1997, LB 307, § 47;

Laws 2007, LB296, § 95.
Neb. Rev. Stat. § 66-727 — NE Code / Chapter 66 / Section 66-727
View Statute 66-727
Status: in_force

(1) It shall be unlawful for any person to:

(a) Knowingly import, distribute, sell, produce, refine, compound, blend, or use any motor vehicle fuel, diesel fuel, or compressed fuel in the State of Nebraska without remitting the full amount of tax imposed by the provisions of the motor fuel laws;

(b) Refuse or knowingly and intentionally fail to make and file any return, report, or statement required by the motor fuel laws in the manner or within the time required;

(c) Knowingly and with intent to evade or to aid or abet any other person in the evasion of the tax imposed by the motor fuel laws (i) make any false or incomplete report, return, or statement, (ii) conceal any material fact in any record, report, return, or affidavit provided for in the motor fuel laws, (iii) improperly claim any exemption from tax imposed by the motor fuel laws, or (iv) create or submit any false documentation purporting to show that tax-free fuel has been purchased or sold tax paid or that tax-paid fuel has been used for a tax-exempt purpose;

(d) Knowingly conduct any activities requiring a license under the provisions of the Petroleum Release Remedial Action Act, the Compressed Fuel Tax Act, and Chapter 66, articles 4, 5, and 7, without a license or after a license has been surrendered, suspended, or canceled;

(e) Knowingly conduct any activities requiring a permit under the provisions of the motor fuel laws without such permit or after such permit has been surrendered, suspended, or canceled;

(f) Knowingly assign or attempt to assign a license or permit;

(g) Knowingly fail to keep and maintain books and records required by the motor fuel laws;

(h) Knowingly fail or refuse to pay a fuel tax when due;

(i) Knowingly make any false statement in connection with an application for the refund of any money or tax;

(j) Fail or refuse to produce for inspection any license or permit issued under the motor fuel laws; or

(k) Knowingly violate any of the motor fuel laws or any rule or regulation under the motor fuel laws.

(2) Any person who violates subdivision (1)(b), (f), (h), or (k) of this section shall be guilty of a Class IV felony. Failing to report or pay taxes due shall constitute a separate offense for each reporting period.

(3) Any person who violates subdivision (1)(a), (c), (d), (g), or (i) of this section shall be guilty of a Class IV felony if the amount of tax involved is less than five thousand dollars and a Class III felony if the amount of tax is five thousand dollars or more. Failing to report or pay taxes due shall constitute a separate offense for each reporting period.

(4) Any person who violates subdivision (1)(e) or (j) of this section shall be guilty of a separate Class IV misdemeanor for each day of operation.

Laws 1991, LB 627, § 122;

Laws 1993, LB 440, § 14;

Laws 1994, LB 1160, § 102;

Laws 1995, LB 182, § 55;

Laws 1996, LB 1121, § 8;

Laws 1996, LB 1218, § 20;

Laws 2000, LB 1067, § 30;

Laws 2004, LB 983, § 52.

Compressed Fuel Tax Act, see section 66-697 .

Petroleum Release Remedial Action Act, see section 66-1501 .
Neb. Rev. Stat. § 25-507 — NE Code / Chapter 25 / Section 25-507
View Statute 25-507
Status: in_force

(1) In any county which does not have a person contracted as a constable pursuant to section 25-2229 , any person twenty-one years of age or older or a corporation, partnership, or limited liability company that satisfies the requirements of subsection (2) of this section shall have the same power as a sheriff to execute any service of process or order.

(2) Any person or entity may exercise the powers provided in subsection (1) of this section if such person or entity (a) is not a party to the action, (b) is not related to a party to the action, (c) does not have an interest in the action, (d) is not a public official employed by the county where service is made whose duties include service of process, and (e) furnishes a good and sufficient corporate surety bond in the sum of fifteen thousand dollars, such bond being conditioned upon such person or entity faithfully and truly performing the duties of process server.

(3) Evidence of the corporate surety bond shall be provided to the clerk of each court in which such person or entity executes service of process or orders. Such person or entity is not required to furnish more than one bond to execute service of process or orders in any state court in the State of Nebraska. When service of process is made by such person or entity authorized by this section, proof of such service of process shall be shown by an affidavit.

(4) The cost of service of process is taxable as a court cost, and when service of process is made by such person or entity other than a sheriff the cost taxable as a court cost is the lesser of the actual amount incurred for service of process or orders or the statutory fee set for sheriffs in section 33-117 .

Laws 1999, LB 319, § 2.
Neb. Rev. Stat. § 23-380 — NE Code / Chapter 23 / Section 23-380
View Statute 23-380
Status: in_force

Any governing body of any incorporated city or village situated within the county may enter into agreement with the county as provided by the provisions of Chapter 13, article 8, to operate and maintain any garbage disposal plant, system or solid waste disposal areas located outside the corporate limits of the city or village. The garbage disposal plant, system or solid waste disposal areas shall be open to the public. The county board and the governing body of the city or village shall agree upon the operation and the appropriation of funds to such cooperative undertaking.

Laws 1967, c. 112, § 2, p. 360;

Laws 1969, c. 163, § 2, p. 738.
Neb. Rev. Stat. § 2-3982 — NE Code / Chapter 2 / Section 2-3982
2-3982
Status: in_force

(1) Milk for manufacturing purposes shall be classified for sediment content, regardless of the results of the appearance and odor examination described in section 2-3980 , according to sediment standards as follows:

(a) No. 1: Acceptable, not to exceed fifty-hundredths milligrams or its equivalent;

(b) No. 2: Acceptable, not to exceed one and fifty-hundredths milligrams or its equivalent;

(c) No. 3: Probational, not over ten days, not to exceed two and fifty-hundredths milligrams or its equivalent; and

(d) No. 4: Reject, over two and fifty-hundredths milligrams or its equivalent.

(2) Methods for determining the sediment content of the milk of individual producers shall be the methods described in 7 C.F.R. 58.134, as such section existed on July 1, 2018.

(3) Sediment testing shall be performed at least four times every six months at irregular intervals as designated by the director.

(4) If the sediment disc is classified as No. 1, No. 2, or No. 3, the producer's milk may be accepted. If the sediment disc is classified as No. 4, the milk shall be rejected. A producer's milk that is classified as No. 3 may be accepted for a period not to exceed ten calendar days. If at the end of ten days the producer's milk does not meet acceptable sediment classification No. 1 or No. 2, it shall be rejected from the market. If the sediment disc is classified as No. 4, the milk shall be rejected and no further shipments accepted unless the milk meets the requirements of No. 3 or better.

Laws 1986, LB 900, § 15;

Laws 1993, LB 268, § 4;

Laws 2001, LB 198, § 10;

R.S.Supp.,2006, § 2-3917.01;

Laws 2007, LB111, § 18;

Laws 2013, LB67, § 8;

Laws 2019, LB333, § 3.
Neb. Rev. Stat. § 2-3634 — NE Code / Chapter 2 / Section 2-3634
View Statute 2-3634
Status: in_force

The board shall not be authorized to set up research or development units or agencies of its own, but shall limit its activity to cooperation and contracts with the University of Nebraska Institute of Agriculture and Natural Resources and other proper local, state, or national organizations, public or private, in carrying out the Nebraska Corn Resources Act.

Laws 1978, LB 639, § 34;

Laws 2024, LB262, § 17.
Neb. Rev. Stat. § 29-816 — NE Code / Chapter 29 / Section 29-816
View Statute 29-816
Status: in_force

The judge or magistrate who has issued the search warrant shall attach to the warrant a copy of the return, inventory, and all other papers in connection therewith and shall file them with the clerk of the district court for the county in which the property was seized. Copy of such warrant, return, inventory, and all other such papers so filed with such clerk, when certified as a true copy by such clerk shall be received in evidence in all proceedings where relevant without further foundation. The clerk of the district court shall file and index such warrant, together with the return thereon, the inventory, and other papers in connection therewith as a separate criminal proceeding. No fee shall be charged or collected for such service.

Laws 1963, c. 161, § 5, p. 572.

Failure to comply strictly with post service statutory proceedings will not invalidate search under valid warrant in absence of clear showing of prejudice. State v. McCown, 189 Neb. 495, 203 N.W.2d 445 (1973).

Failure to comply strictly with post service statutory proceedings will not invalidate search under valid warrant in absence of clear showing of prejudice. State v. McCown, 189 Neb. 495, 203 N.W.2d 445 (1973).
Neb. Rev. Stat. § 25-2939 — NE Code / Chapter 25 / Section 25-2939
View Statute 25-2939
Status: in_force

An attorney may represent, or other individual designated by a party may accompany the party to, and participate in a mediation. A waiver of representation or participation given before the mediation may be rescinded.

Laws 2003, LB 255, § 10.
Neb. Rev. Stat. § 71-417 — NE Code / Chapter 71 / Section 71-417
View Statute 71-417
Status: in_force

(1) Home health agency means a person or any legal entity which provides skilled nursing care or a minimum of one other therapeutic service as defined by the department on a full-time, part-time, or intermittent basis to persons in a place of temporary or permanent residence used as the person's home.

(2) Home health agency does not include a PACE center.

(3) Home health agency does not include a person or legal entity that engages only in social work practice as defined in section 38-2119 .

Laws 2000, LB 819, § 17;

Laws 2020, LB1053, § 9;

Laws 2023, LB227, § 73.
Neb. Rev. Stat. § 23-1528 — NE Code / Chapter 23 / Section 23-1528
View Statute 23-1528
Status: in_force

Any printed form accepted for recordation that does not comply with sections 23-1503 to 23-1527 shall not affect the validity of or the notice otherwise given by the recording.

Laws 2011, LB254, § 2.
Neb. Rev. Stat. § 38-305 — NE Code / Chapter 38 / Section 38-305
View Statute 38-305
Status: in_force

Alcohol or drug abuse means the abuse of alcohol or other drugs which have significant mood or perception changing capacities, which are likely to be physiologically or psychologically addictive, and the use of which have negative physical, social, or psychological consequences.

Laws 2007, LB463, § 156.
Neb. Rev. Stat. § 44-1982 — NE Code / Chapter 44 / Section 44-1982
View Statute 44-1982
Status: in_force

No person other than a domestic, foreign, or non-United-States title insurer organized on the stock plan and authorized under section 44-202 as a title insurer shall issue a title insurance policy or otherwise transact the business of title insurance in this state.

Laws 1997, LB 53, § 5.
Neb. Rev. Stat. § 44-205 — NE Code / Chapter 44 / Section 44-205
View Statute 44-205
Status: in_force

Five or more natural persons may act as incorporators of an insurance corporation. The articles of incorporation shall be signed by each incorporator and delivered to the Department of Insurance for approval or disapproval, and if approved and found by it to be in accordance with the laws of this state, the department shall so certify. When such articles are thus approved, they shall be filed in the office of the Secretary of State and a duplicate copy bearing the date of filing in the office of the Secretary of State shall be filed in the office of the department. Upon the filing and recording of the articles of incorporation in the office of the Secretary of State as provided in this section corporate existence shall commence.

Laws 1913, c. 154, § 81, p. 429;

R.S.1913, § 3218;

Laws 1919, c. 190, tit. V, art. V, § 4, p. 609;

Laws 1921, c. 305, § 1, p. 963;

C.S.1922, § 7817;

C.S.1929, § 44-404;

R.S.1943, § 44-205;

Laws 1989, LB 92, § 46;

Laws 1997, LB 52, § 1.
Neb. Rev. Stat. § 44-2833 — NE Code / Chapter 44 / Section 44-2833
View Statute 44-2833
Status: in_force

(1) If the insurer of a health care provider shall agree to settle its liability on a claim against its insured by payment of its policy limits of eight hundred thousand dollars and the claimant shall demand an amount in excess thereof for a complete and final release and if no other health care provider is involved, the procedures prescribed in this section shall be followed.

(2) A motion shall be filed by the claimant with the court in which the action is pending against the health care provider or, if no action is pending, the claimant shall file a complaint in one of the district courts of the State of Nebraska, seeking approval of an agreed settlement, if any, or demanding payment of damages from the Excess Liability Fund.

(3) A copy of such motion or complaint shall be served on the director, the health care provider, and the health care provider's insurer and shall contain sufficient information to inform the parties concerning the nature of the claim and the additional amount demanded. The health care provider and his or her insurer shall have a right to intervene and participate in the proceedings.

(4) The director, with the consent of the health care provider, may agree to a settlement with the claimant from the Excess Liability Fund. Either the director or the health care provider may file written objections to the payment of the amount demanded. The agreement or objections to the payment demanded shall be filed within twenty days after the motion or complaint is filed.

(5) After the motion or complaint, agreement, and objections, if any, have been filed, the judge shall set the matter for trial as soon as practicable. The court shall give notice of the trial to the claimant, the health care provider, and the director.

(6) At the trial, the director, the claimant, and the health care provider may introduce relevant evidence to enable the court to determine whether or not the settlement should be approved if it has been submitted on agreement without objections. If the director, the health care provider, and the claimant shall be unable to agree on the amount, if any, to be paid out of the Excess Liability Fund, the amount of claimant's damages, if any, in excess of the eight hundred thousand dollars already paid by the insurer of the health care provider shall be determined at trial.

(7) The court shall determine the amount for which the fund is liable and render a finding and judgment accordingly. In approving a settlement or determining the amount, if any, to be paid from the Excess Liability Fund in such a case, the court shall consider the liability of the health care provider as admitted and established by evidence.

(8) Any settlement approved by the court may not be appealed. Any judgment of the court fixing damages recoverable in any such contested proceeding shall be appealable pursuant to the rules governing appeals in any other civil case.

Laws 1976, LB 434, § 33;

Laws 1984, LB 692, § 14;

Laws 1986, LB 1005, § 6;

Laws 2002, LB 876, § 74;

Laws 2004, LB 998, § 8;

Laws 2023, LB92, § 62.