FrankGoortani/open-us-law huggingface dataset:
Neb. Rev. Stat. § 54-2431 — NE Code / Chapter 54 / Section 54-2431
View Statute 54-2431
Status: in_force

(1) For purposes of this section:

(a) Applicant means the person who has applied for a National Pollutant Discharge Elimination System permit, a construction and operating permit, or a major modification of a National Pollutant Discharge Elimination System permit or construction and operating permit, but does not include any other person who is a relative, partner, member, shareholder, resident, parent company, subsidiary, or other affiliate of the applicant;

(b) Discharge violation means a discharge, found by the department after investigation, notice, and hearing, to have been caused intentionally or negligently by the applicant or permitholder; and

(c) Permitholder means the person who has received a National Pollutant Discharge Elimination System permit, a construction and operating permit, or a major modification of a National Pollutant Discharge Elimination System permit or construction and operating permit, but does not include any other person who is a relative, partner, member, shareholder, resident, parent company, subsidiary, or other affiliate of the permitholder.

(2) Notwithstanding the rules and regulations adopted and promulgated under subdivision (1)(e) of section 54-2435 , the department may reject an application for a new National Pollutant Discharge Elimination System permit, an application for a new construction and operating permit, or an application for a major modification of a National Pollutant Discharge Elimination System permit or a construction and operating permit, and the department may revoke or suspend a National Pollutant Discharge Elimination System permit or construction and operating permit, upon a finding pursuant to subsection (3) of this section that the applicant or permitholder is unsuited to perform the obligations of a permitholder.

(3) The applicant or permitholder shall be determined unsuited to perform the obligations of a permitholder if the department finds, upon an investigation and hearing, that within the past five years the applicant or permitholder:

(a) Has committed three separate and distinct discharge violations at the same animal feeding operation in Nebraska owned or operated by the applicant or permitholder; or

(b) Has a criminal conviction for a violation of section 81-1506 or a felony criminal conviction for violation of the environmental law in any jurisdiction.

Laws 2004, LB 916, § 20;

Laws 2006, LB 975, § 12;

Laws 2009, LB56, § 3.
Neb. Rev. Stat. § 30-3860 — NE Code / Chapter 30 / Section 30-3860
View Statute 30-3860
Status: in_force

(UTC 704) (a) A vacancy in a trusteeship occurs if:

(1) a person designated as trustee rejects the trusteeship;

(2) a person designated as trustee cannot be identified or does not exist;

(3) a trustee resigns;

(4) a trustee is disqualified or removed;

(5) a trustee dies; or

(6) a guardian or conservator is appointed for an individual serving as trustee.

(b) If one or more cotrustees remain in office, a vacancy in a trusteeship need not be filled. A vacancy in a trusteeship must be filled if the trust has no remaining trustee.

(c) A vacancy in a trusteeship of a noncharitable trust that is required to be filled must be filled in the following order of priority:

(1) by a person designated in the terms of the trust to act as successor trustee;

(2) by a person appointed by unanimous agreement of the qualified beneficiaries; or

(3) by a person appointed by the court.

(d) A vacancy in a trusteeship of a charitable trust that is required to be filled must be filled in the following order of priority:

(1) by a person designated in the terms of the trust to act as successor trustee;

(2) by a person selected by the charitable organizations expressly designated to receive distributions under the terms of the trust if the Attorney General concurs in the selection; or

(3) by a person appointed by the court.

(e) Whether or not a vacancy in a trusteeship exists or is required to be filled, the court may appoint an additional trustee or special fiduciary whenever the court considers the appointment necessary for the administration of the trust.

Laws 2003, LB 130, § 60.
Neb. Rev. Stat. § 44-7109 — NE Code / Chapter 44 / Section 44-7109
View Statute 44-7109
Status: in_force

If the director finds that any health carrier doing business in this state is engaging in any violation of the Managed Care Network Adequacy Act and that a proceeding in respect thereto would be in the public interest, the director shall issue and serve upon such health carrier a statement of the charges in that respect and a notice of hearing thereon, which notice shall set a hearing date not less than ten days after the date of the notice.

Laws 1998, LB 1162, § 47.
Neb. Rev. Stat. § 33-126.04 — NE Code / Chapter 33 / Section 33-126.04
View Statute 33-126.04
Status: in_force

In all matters of adoption, for each child adopted five dollars shall be allowed the court for the entire proceeding.

R.S.1866, c. 19, § 8, p. 164;

Laws 1887, c. 41, § 1, p. 460;

Laws 1907, c. 56, § 1, p. 231;

Laws 1909, c. 58, § 1, p. 288;

R.S.1913, § 2449;

Laws 1915, c. 39, § 1, p. 111;

Laws 1917, c. 45, § 1, p. 127;

Laws 1921, c. 95, § 1, p. 359;

C.S.1922, § 2388;

Laws 1925, c. 98, § 1, p. 286;

C.S.1929, § 33-127;

Laws 1931, c. 64, § 1, p. 173;

Laws 1937, c. 86, § 1, p. 286;

C.S.Supp.,1941, § 33-127;

R.S.1943, § 33-126;

Laws 1945, c. 74, § 4, p. 278;

Laws 1949, c. 95, § 1(4), p. 256;

Laws 1961, c. 163, § 1, p. 493;

Laws 1975, LB 481, § 25;

Laws 1982, LB 928, § 35;

Laws 1984, LB 492, § 3;

Laws 1989, LB 233, § 7.
Neb. Rev. Stat. § 42-704.01 — NE Code / Chapter 42 / Section 42-704.01
View Statute 42-704.01
Status: in_force

(a) A tribunal of this state shall apply sections 42-701 to 42-747.04 and, as applicable, sections 42-748.01 to 42-748.13 , to a support proceeding involving:

(i) A foreign support order;

(ii) A foreign tribunal; or

(iii) An obligee, obligor, or child residing in a foreign country.

(b) A tribunal of this state that is requested to recognize and enforce a support order on the basis of comity may apply the procedural and substantive provisions of sections 42-701 to 42-747.04 .

(c) Sections 42-748.01 to 42-748.13 apply only to a support proceeding under the Convention. In such a proceeding, if a provision of such sections is inconsistent with sections 42-701 to 42-747.04 , sections 42-748.01 to 42-748.13 control.

Laws 2015, LB415, § 5.
Neb. Rev. Stat. § 66-1858 — NE Code / Chapter 57 / Section 66-1858
66-1858
Status: in_force

Whenever any city is furnished natural gas pursuant to a franchise agreement with a jurisdictional utility, a metropolitan utilities district shall not solicit such city to enter into a franchise agreement or promote discontinuance of natural gas service with the utility unless a specific invitation to submit a proposal on such a franchise has been formally presented to the board of directors of the metropolitan utilities district. For purposes of this section, a specific invitation to submit a proposal means a resolution adopted by the governing body of the city.

Whenever a specific invitation to submit a proposal is received by the board of directors of a metropolitan utilities district, the invitation will be considered by the board at its next regularly scheduled monthly meeting.

Laws 1999, LB 78, § 2;

R.S.1943, (2004), § 57-1301;

Laws 2006, LB 1249, § 5.
Neb. Rev. Stat. § 31-735.04 — NE Code / Chapter 31 / Section 31-735.04
View Statute 31-735.04
Status: in_force

For purposes of sections 31-735 to 31-735.02 a sanitary and improvement district shall be deemed to be located in a county with a population of one hundred thousand or more if the greater proportion in area of the district is located in such county.

Laws 1982, LB 359, § 4.
Neb. Rev. Stat. § 79-1150 — NE Code / Chapter 43 / Section 79-1150
79-1150
Status: in_force

All money derived from any source other than General Fund appropriations by any regional network, school, or center as provided in sections 79-1148 and 79-1149 shall be remitted to the State Treasurer for credit to the State Department of Education Cash Fund, and such money shall be made available to any such regional network, school, or center for purposes of education, training, or maintenance of students.

Laws 1965, c. 382, § 2, p. 1234;

Laws 1972, LB 1000, § 3;

Laws 1978, LB 871, § 29;

R.S.1943, (1984), § 43-619;

Laws 1987, LB 367, § 39;

R.S.1943, (1994), § 79-3339;

Laws 1996, LB 900, § 832;

Laws 2009, LB549, § 43.
Neb. Rev. Stat. § 43-3504 — NE Code / Chapter 43 / Section 43-3504
View Statute 43-3504
Status: in_force

(1) Each county shall develop a county juvenile services plan by January 1, 2003. Two or more counties may establish a multicounty juvenile services plan. Such plan should include input from individuals comprising a local juvenile justice advisory committee as provided for in subdivision (1) of section 43-3505 or a similar committee or group of individuals. The plan shall be submitted to the Nebraska Commission on Law Enforcement and Criminal Justice and shall include:

(a) Identification of the risk factors for delinquency that exist in the county or counties and service needs;

(b) Identification of juvenile services available within the county or counties, including, but not limited to, programs for assessment and evaluation, the prevention of delinquent behavior, diversion, detention, shelter care, intensive juvenile probation services, restitution, family support services, and community centers for the care and treatment of juveniles in need of services;

(c) Identification of juvenile services within close proximity of the county or counties that may be utilized if community-based programs are not available within the county or counties;

(d) Identification of the programs, services, facilities, and providers the county primarily uses for juvenile detention or alternatives to detention, including the costs associated with the use of such programs, services, facilities, and providers; and

(e) A coordination plan and an enhancement, development, and expansion plan of community services within the county, counties, or region to help prevent delinquency by providing intervention services when behavior that leads to delinquency is first exhibited. Examples of intervention services include, but are not limited to, alternative schools, school truancy programs, volunteer programs, family preservation and counseling, drug and alcohol counseling, diversion programs, and Parents Anonymous.

(2) Following or in conjunction with the development of a county juvenile services plan, each county may develop regional service plans and establish regional juvenile services boards when appropriate. The regional service plan shall be submitted to the Nebraska Commission on Law Enforcement and Criminal Justice.

(3) Plans developed under this section shall be updated no less than every five years after the date the plan is submitted to the commission.

Laws 2000, LB 1167, § 4;

Laws 2016, LB894, § 19.
Neb. Rev. Stat. § 13-309 — NE Code / Chapter 18 / Section 13-309
13-309
Status: in_force

For purposes of sections 13-308 and 13-309 , municipal corporation shall mean any county, township, city, or village, whether organized and existing under direct provisions of the Constitution of Nebraska or statutes of this state, or by virtue of charters or other corporate articles or instruments executed under authority of the Constitution or statutes of this state.

Laws 1975, LB 307, § 2;

R.S.1943, (1983), § 18-1731.
Neb. Rev. Stat. § 18-2728 — NE Code / Chapter 18 / Section 18-2728
View Statute 18-2728
Status: in_force

If any of the officers whose signatures appear on any bonds or coupons issued under section 18-2724 cease to be such officers before the delivery of such obligations, such signatures shall nevertheless be valid and sufficient for all purposes to the same extent as if such officers had remained in office until such delivery.

Laws 1993, LB 732, § 5.
Neb. Rev. Stat. § 58-201 — NE Code / Chapter 58 / Section 58-201
View Statute 58-201
Status: in_force

Sections 58-201 to 58-273 shall be known and may be cited as the Nebraska Investment Finance Authority Act.

Laws 1983, LB 626, § 1;

Laws 1986, LB 1230, § 29;

Laws 1989, LB 311, § 1;

Laws 1989, LB 706, § 1;

Laws 1991, LB 253, § 1;

Laws 1992, LB 1001, § 2;

Laws 1996, LB 1322, § 1;

Laws 2002, LB 1211, § 3;

Laws 2006, LB 693, § 1;

Laws 2023, LB92, § 73.
Neb. Rev. Stat. § 48-1230.01 — NE Code / Chapter 48 / Section 48-1230.01
View Statute 48-1230.01
Status: in_force

Whenever an employer separates an employee from the payroll, the unpaid wages constituting commissions shall become due on the next regular payday following the employer's receipt of payment for the goods or services from the customer from which the commission was generated. The employer shall provide an employee with a periodic accounting of outstanding commissions until all commissions have been paid or the orders have been returned or canceled by the customer.

Laws 2007, LB255, § 4.
Neb. Rev. Stat. § 31-309 — NE Code / Chapter 31 / Section 31-309
View Statute 31-309
Status: in_force

The board of supervisors shall, immediately after its election, choose one of its number chairperson and another secretary. The board may adopt a seal, with a suitable device, and shall keep a record of all its proceedings open to the inspection of all owners of real estate in the drainage district. At each annual meeting the board shall make a report of what work has been done and shall annually publish a statement of its receipts and expenditures in a legal newspaper printed, published, and of general circulation in the county in which the district was organized or, if none is printed and published in the county, in a legal newspaper of general circulation in such county where the district was organized. The supervisors shall receive two dollars per day compensation for time actually employed in the business of the district, not exceeding eighty dollars each per year, but reasonable allowance shall be made for necessary clerical work and assistance, and the secretary shall receive for his or her services such compensation as the board of supervisors may agree upon, payable out of the district drainage fund. The board of supervisors may employ an attorney to act for the district and to advise the board.

Laws 1905, c. 161, § 8, p. 614;

Laws 1909, c. 147, § 2, p. 508;

R.S.1913, § 1804;

C.S.1922, § 1751;

C.S.1929, § 31-408;

R.S.1943, § 31-309;

Laws 1986, LB 960, § 22.
Neb. Rev. Stat. § 19-3316 — NE Code / Chapter 19 / Section 19-3316
View Statute 19-3316
Status: in_force

Special assessments levied pursuant to section 19-3315 shall become due in fifty days after the date of such levy and shall become delinquent in one or more installments over a period of not to exceed twenty years, in such manner as the mayor and city council shall determine at the time of making the levy. The first installment may become delinquent in fifty days after the date of levy if so specified by the mayor and the city council. Each of such installments shall draw interest before due date of not more than the rate of interest specified in section 45-104.01 , as such rate may from time to time be adjusted by the Legislature, and after delinquency at the rate specified in section 45-104.01 , as such rate may from time to time be adjusted by the Legislature, as the mayor and city council shall determine at the time the levy shall be made, except that any installment may be paid within fifty days of the date of such levy without interest being charged thereon. If three or more of such installments become delinquent and unpaid on the same property, the mayor and city council may by resolution declare all future installments on such delinquent property to be due on a future fixed date. The resolution shall set forth the description of the property and the name of its record title owner and shall provide that all future installments shall become delinquent upon such fixed date. A copy of such resolution shall be published one time each week for not less than twenty days in a legal newspaper in or of general circulation in the city. After the fixed date, such future installments shall be deemed to be delinquent and the city may proceed to enforce and collect the total amount due and all future installments. Except as otherwise provided, all special assessments levied under section 19-3315 shall be liens on the property and shall be certified for collection and be collected in the same manner as special assessments made for improvements in street improvement districts in the city are collected.

Laws 1967, c. 60, § 16, p. 204;

R.S.Supp.,1967, § 16-827;

Laws 1969, c. 88, § 16, p. 444;

Laws 1973, LB 540, § 4;

Laws 1980, LB 933, § 25;

Laws 1981, LB 167, § 26;

Laws 1986, LB 960, § 17;

Laws 2019, LB193, § 195.
Neb. Rev. Stat. § 18-2123 — NE Code / Chapter 18 / Section 18-2123
View Statute 18-2123
Status: in_force

Upon a determination, by resolution, of the governing body of the city in which such land is located, that the acquisition and development of undeveloped vacant land, not within a substandard and blighted area, is essential to the proper clearance or redevelopment of substandard and blighted areas or a necessary part of the general community redevelopment program of the city, or that the acquisition and development of land outside the city, but within a radius of three miles thereof, is necessary or convenient to the proper clearance or redevelopment of one or more substandard and blighted areas within the city or is a necessary adjunct to the general community redevelopment program of the city, the acquisition, planning, and preparation for development or disposal of such land shall constitute a redevelopment project which may be undertaken by the authority in the manner provided in the Community Development Law.

Laws 1951, c. 224, § 9, p. 810;

R.R.S.1943, § 14-1623;

Laws 1957, c. 52, § 13, p. 259;

Laws 1961, c. 61, § 12, p. 238;

R.R.S.1943, § 19-2623;

Laws 2021, LB163, § 134.
Neb. Rev. Stat. § 49-1417 — NE Code / Chapter 49 / Section 49-1417
View Statute 49-1417
Status: in_force

Elective office shall mean a public office filled by an election, except for federal offices. A person who is appointed to fill a vacancy in a public office which is ordinarily elective holds an elective office.

Laws 1976, LB 987, § 17.
Neb. Rev. Stat. § 29-2807 — NE Code / Chapter 29 / Section 29-2807
View Statute 29-2807
Status: in_force

If any person to whom such writ of habeas corpus shall be directed as aforesaid, shall neglect or refuse to obey or make return of the same according to the command thereof, or shall make a false return of the writ, or upon demand made by the prisoner, or any person in his or her behalf, shall refuse to deliver to the person demanding, within six hours after the demand therefor, a true copy of the warrant or commitment or detainer of such prisoner, every person so offending shall, for the first offense, forfeit to the party aggrieved the sum of two hundred dollars, and for the second offense, the sum of four hundred dollars, and shall, if an officer, be incapable to hold his office.

G.S.1873, c. 58, § 359, p. 805;

R.S.1913, § 9253;

C.S.1922, § 10282;

C.S.1929, § 29-2807;

R.S.1943, § 29-2807.
Neb. Rev. Stat. § 60-331.02 — NE Code / Chapter 60 / Section 60-331.02
View Statute 60-331.02
Status: in_force

Handicapped or disabled person means any individual with a severe visual, neurological, or physical impairment which limits personal mobility and results in an inability to travel more than two hundred feet without stopping or without the use of a wheelchair, crutch, walker, or prosthetic, orthotic, or other assistant device, any individual whose personal mobility is limited as a result of respiratory problems, any individual who has a cardiac condition to the extent that his or her functional limitations are classified in severity as being Class III or Class IV, according to standards set by the American Heart Association, and any individual who has permanently lost all or substantially all the use of one or more limbs.

Laws 2011, LB163, § 20;

Laws 2016, LB865, § 1;

Laws 2020, LB944, § 12.
Neb. Rev. Stat. § 70-628 — NE Code / Chapter 70 / Section 70-628
View Statute 70-628
Status: in_force

In addition to the rights and powers enumerated in Chapter 70, article 6, and in no manner limiting or restricting the same, each district shall be deemed to be and shall have and exercise each and all of the rights and powers of a public electric light and power district or public power district within the meaning of sections 70-501 to 70-503 .

Laws 1933, c. 86, § 6, p. 346;

Laws 1937, c. 152, § 5, p. 583;

C.S.Supp.,1941, § 70-706;

Laws 1943, c. 146, § 3(4), p. 523;

R.S.1943, § 70-628;

Laws 1981, LB 181, § 19.

This section relates to means by which a district may exercise the powers recited in the petition for creation of the district. Schroll v. City of Beatrice, 169 Neb. 162, 98 N.W.2d 790 (1959).

This section relates to means by which a district may exercise the powers recited in the petition for creation of the district. Schroll v. City of Beatrice, 169 Neb. 162, 98 N.W.2d 790 (1959).
Neb. Rev. Stat. § 53-217 — NE Code / Chapter 53 / Section 53-217
View Statute 53-217
Status: in_force

A wholesaler shall not:

(1) Fail to devote such efforts as are required in the agreement between the supplier and wholesaler within the supplier's designated sales territory relating to the sale and distribution of the supplier's brand or brands of beer which the wholesaler has been granted the right to sell or distribute;

(2) Sell or deliver beer to a retail licensee located outside the sales territory designated to the wholesaler by the supplier of a particular brand or brands of beer, except that during a period of temporary service interruption impacting a particular sales territory, a wholesaler who normally services the impacted sales territory shall file with the Nebraska Liquor Control Commission and give to the affected supplier written notice designating the specific wholesaler or wholesalers, not disapproved by the supplier, who will service the sales territory during the period of temporary service interruption and the approximate length of time of the service interruption. Each wholesaler designated to temporarily service a sales territory shall be a wholesaler who has a current agreement with a supplier for the brand or brands affected. When the temporary service interruption is over, the wholesaler who normally services the sales territory shall notify the commission, the supplier, and the wholesaler or wholesalers servicing the sales territory on a temporary basis of this fact in writing, and any wholesaler servicing the sales territory on a temporary basis shall cease servicing the sales territory upon receipt of the notice. A wholesaler who is designated to service a sales territory during a period of temporary service shall not be in violation of sections 53-201 to 53-223 and, with respect to the sales territory, shall not have any of the rights provided under sections 53-218 and 53-220 ; or

(3) Transfer his or her business without giving the supplier written notice of intent to transfer the business and, when required by sections 53-201 to 53-223 , receiving the supplier's approval for the proposed transfer. Consent or approval from the supplier shall not be required for any transfer of the wholesaler's business to a designated member or any transfer of less than control of the wholesaler's business. The wholesaler shall give the supplier written notice of any change in ownership of the wholesaler.

Laws 1989, LB 371, § 17.
Neb. Rev. Stat. § 37-1228 — NE Code / Chapter 37 / Section 37-1228
View Statute 37-1228
Status: in_force

Every certificate of number shall contain the following information: Name and address of the owner, classification number or letter as classified by the commission, length, type of construction, material used in the boat, whether inboard or outboard motor power, type of fuel, make, and the hull identification number.

Laws 1978, LB 21, § 28;

Laws 1999, LB 176, § 115;

Laws 2001, LB 131, § 4.