FrankGoortani/open-us-law huggingface dataset:
Neb. Rev. Stat. § 48-1103 — NE Code / Chapter 48 / Section 48-1103
View Statute 48-1103
Status: in_force

The Nebraska Fair Employment Practice Act shall not apply to:

(1) A religious corporation, association, or society with respect to the employment of individuals of a particular religion to perform work connected with the carrying on by such corporation, association, or society of its religious activities; or

(2) The employment of any individual (a) by his or her parent, grandparent, spouse, child, or grandchild or (b) in the domestic service of any person.

Laws 1965, c. 276, § 3, p. 784;

Laws 1993, LB 360, § 7.
Neb. Rev. Stat. § 57-236 — NE Code / Chapter 57 / Section 57-236
View Statute 57-236
Status: in_force

Any owner of the surface estate from which a mineral interest has been severed or the owner of the mineral interest which has been severed may file an application with the county assessor of the county where such surface estate is located to place such severed mineral interest on the tax list of the county. The applicant shall, at his or her own cost, provide to the county assessor proof of ownership of the severed mineral interest and a record of the creation of the severed mineral interest, as shown by the records of the county clerk or register of deeds. Proof of ownership, the name and last-known address of the owner or owners, the ownership interest, including any fractional interest, legal description, and the record of creation of the severed mineral interest shall be provided in the form of an opinion by an attorney or a certificate prepared by a licensed abstracter.

Laws 1981, LB 59, § 2.
Neb. Rev. Stat. § 28-302 — NE Code / Chapter 28 / Section 28-302
View Statute 28-302
Status: in_force

As used in sections 28-302 to 28-306 , unless the context otherwise requires:

(1) Homicide shall mean the killing of a person by another;

(2) Person, when referring to the victim of a homicide, shall mean a human being who had been born and was alive at the time of the homicidal act; and

(3) Premeditation shall mean a design formed to do something before it is done.

Laws 1977, LB 38, § 17.

Pursuant to subsection (3) of this section, evidence of premeditation is sufficient to uphold conviction for first degree murder when it demonstrates that the defendant told others that he wanted to "go finish (the victim) off", that the defendant broke off a knife attack on the victim to evade detection by a passing car, and that the defendant resumed the knife attack once the car had passed and the defendant heard the victim making noises which indicated that the victim was still alive. State v. Larsen, 255 Neb. 532, 586 N.W.2d 641 (1998).

Pursuant to subsection (3) of this section, evidence of premeditation is sufficient to uphold conviction for first degree murder when it demonstrates that the defendant told others that he wanted to "go finish (the victim) off", that the defendant broke off a knife attack on the victim to evade detection by a passing car, and that the defendant resumed the knife attack once the car had passed and the defendant heard the victim making noises which indicated that the victim was still alive. State v. Larsen, 255 Neb. 532, 586 N.W.2d 641 (1998).
Neb. Rev. Stat. § 71-3432 — NE Code / Chapter 71 / Section 71-3432
View Statute 71-3432
Status: in_force

(1) A chairperson may invite other individuals to participate on the local team on an ad hoc basis for a particular investigation. Such individuals may include those with expertise that would aid in the investigation and representatives from organizations or agencies that had contact with, or provided services to, the overdose victim.

(2) So long as each individual present at a local team meeting has signed the confidentiality form provided for in section 71-3433 , any otherwise confidential information received by the local team may be shared at a local team meeting with any nonmember attendees.

(3) Local team meetings in which confidential information is discussed shall be closed to the public.

(4) A lead organization may enter into confidentiality agreements with third-party agencies to obtain otherwise confidential information.

(5) A lead organization shall enter into a data-use agreement with the prescription drug monitoring program created under section 71-2454 .

(6) A local team may enter into consultation agreements with relevant experts to evaluate the information and records collected by the team. All of the confidentiality provisions of the Overdose Fatality Review Teams Act shall apply to the activities of a consulting expert.

(7) A lead organization may enter into written agreements with entities to provide for the secure storage of electronic data based on information and records collected in carrying out the local team's duties, including data that contains personal or incident identifiers. Such agreements shall provide for the protection of the security and confidentiality of the information, including access limitations, storage, and destruction of the information. The confidentiality provisions of the Overdose Fatality Review Teams Act shall apply to the activities of the data storage entity.

Laws 2023, LB227, § 89.
Neb. Rev. Stat. § 22-140 — NE Code / Chapter 22 / Section 22-140
View Statute 22-140
Status: in_force

The county of Hall is bounded as follows: Commencing at the southwest corner of township nine, north, of range twelve, west; thence east to the southeast corner of township nine, north, of range nine, west; thence north to the northeast corner of township twelve, north, of range nine, west; thence west to the northwest corner of township twelve, north, of range twelve, west; thence south to the place of beginning.

G.S.1873, c. 12, § 25, p. 217;

R.S.1913, § 853;

C.S.1922, § 755;

C.S.1929, § 25-142;

R.S.1943, § 22-140.
Neb. Rev. Stat. § 37-493 — NE Code / Chapter 37 / Section 37-493
View Statute 37-493
Status: in_force

The commission may either refuse to issue or refuse to renew or may suspend or may revoke any game breeding and controlled shooting area license if the commission finds that such licensed area or the operator thereof is not complying or does not comply with the provisions of sections 37-484 to 37-496 , or that such property or area is operated in violation of other provisions of sections 37-484 to 37-496 , or in an unlawful or illegal manner. The commission shall not refuse to issue, refuse to renew, nor suspend or revoke any license for any of these causes, unless the licensee affected has been given at least fifteen days' notice in writing of the reasons for the action of the commission and an opportunity to appear before the commission or a representative thereof in opposition to the action of the commission. Upon the hearing of any such proceeding, the secretary of the commission, or any representative of the commission designated by him or her, may administer oaths and the commission may procure by its subpoena the attendance of witnesses and the production of relevant books and papers. Any district court or any judge of a district court, upon application of either the licensee affected or of the commission, may on order duly entered require the attendance of witnesses and the production of relevant books and papers before the commission or its representative in any such hearing. Upon refusal or neglect to obey the order of the court or judge, the court or judge may compel obedience of the order by proceedings for contempt of court.

Laws 1957, c. 152, § 11, p. 495;

R.S.1943, (1993), § 37-911;

Laws 1998, LB 922, § 203.
Neb. Rev. Stat. § 66-495 — NE Code / Chapter 66 / Section 66-495
66-495
Status: in_force

(1) A purchaser of undyed diesel fuel may present an exemption certificate to the seller when not more than fifty gallons of such fuel is placed directly into the supply tank of a temperature control unit or power take-off unit. To qualify for this exemption, the supply tank of the temperature control unit or power take-off unit cannot be connected to the engine which provides motive power to a motor vehicle or connected to any fuel supply tank connected to the engine of a motor vehicle.

(2) The seller of undyed diesel fuel may in good faith accept the exemption certificate and sell undyed diesel fuel without collecting the tax. The seller may accept an exemption certificate for multiple purchases. Such a certificate shall be renewed annually. If the seller is a producer, supplier, distributor, wholesaler, or importer, the seller may deduct the number of gallons sold without the tax from the return for the period during which the fuel was sold or for a subsequent period. If the seller is not a producer, supplier, distributor, wholesaler, or importer, the seller may provide a monthly exemption certificate to the producer, distributor, wholesaler, or importer or other supplier of the taxed diesel fuel for the total number of gallons of undyed diesel fuel sold without tax during the prior month.

(3) Receipt of an exemption certificate taken in good faith shall be conclusive proof for the seller that the sale was exempt.

(4) Any person who wrongfully claims an exemption and presents an exemption certificate shall be liable for the tax on the diesel fuel. The department shall, on the basis of information available, determine the tax that would have been due on such transaction and assess the tax against such person.

(5) Any person who unlawfully issues an exemption certificate shall be subject to an administrative penalty of one thousand dollars for each violation to be assessed and collected by the department. All such penalties collected shall be remitted to the State Treasurer for credit to the Highway Trust Fund.

Laws 2004, LB 983, § 14.
Neb. Rev. Stat. § 43-260.05 — NE Code / Chapter 43 / Section 43-260.05
View Statute 43-260.05
Status: in_force

A juvenile pretrial diversion program may:

(1) Provide screening services to the court and county attorney or city attorney to help identify likely candidates for the program;

(2) Establish goals for diverted juvenile offenders and monitor performance of the goals;

(3) Coordinate chemical dependency assessments of diverted juvenile offenders when indicated, make appropriate referrals for treatment, and monitor treatment and aftercare;

(4) Coordinate individual, group, and family counseling services;

(5) Oversee the payment of victim restitution by diverted juvenile offenders;

(6) Assist diverted juvenile offenders in identifying and contacting appropriate community resources;

(7) Coordinate educational services to diverted juvenile offenders to enable them to earn a high school diploma or general education development diploma; and

(8) Provide accurate information on how diverted juvenile offenders perform in the program to the juvenile courts, county attorneys, city attorneys, defense attorneys, and probation officers.

Laws 2003, LB 43, § 4;

Laws 2013, LB561, § 15.
Neb. Rev. Stat. § 22-404 — NE Code / Chapter 22 / Section 22-404
View Statute 22-404
Status: in_force

When a consolidation agreement is submitted to the voters for approval, the county board of each county entering into a consolidation agreement shall cause a description of the proposed consolidation agreement to be published in its county prior to the election at least once a week for three consecutive weeks in one or more newspapers of general circulation in the county. Final publication in each county shall be within seven calendar days prior to the election pursuant to section 22-405 . Each board shall make a copy of the agreement available for inspection at the county clerk's office. A person may obtain a copy of the agreement at no charge upon request at the county clerk's office.

Laws 1933, c. 34, § 4, p. 218;

C.S.Supp.,1941, § 25-404;

R.S.1943, § 22-404;

Laws 1996, LB 1085, § 17.
Neb. Rev. Stat. § 25-3004 — NE Code / Chapter 25 / Section 25-3004
View Statute 25-3004
Status: in_force

(1) Each service provider certified by the Commission on Public Advocacy shall be eligible to receive funds from the Legal Aid and Services Fund to provide free civil legal services to eligible low-income persons in the service area for which it is certified. The funds granted to each service provider from the Legal Aid and Services Fund shall be determined by the commission. Grants shall be awarded to legal service providers that provide direct legal representation of eligible low-income persons.

(2) Each service provider is authorized to use funds received from the Legal Aid and Services Fund to provide legal services in civil matters to any eligible low-income person.

(3) A service provider which has received funds from the Legal Aid and Services Fund shall be audited annually. For any service provider receiving funds pursuant to subsection (1) of this section, such audit shall include confirmation of the direct legal representation described in subsection (1) of this section, as shown through an entry of appearance as attorney in a court action, an execution of a retainer agreement, or any similar confirmation of actual legal representation.

Laws 1997, LB 729, § 6;

Laws 1999, LB 759, § 2;

Laws 2024, LB1195, § 2.
Neb. Rev. Stat. § 45-725 — NE Code / Chapter 45 / Section 45-725
45-725
Status: in_force

(1) No person acting personally or as an agent shall acquire control of any mortgage banking business required to be licensed under the Residential Mortgage Licensing Act without first giving thirty days' notice to the department on a form prescribed by the department of such proposed acquisition and paying a filing fee of two hundred dollars.

(2) The director, upon receipt of such notice, shall act upon it within thirty days and, unless he or she disapproves the proposed acquisition within that period of time, the acquisition shall become effective on the thirty-first day after receipt without the director's approval, except that the director may extend the thirty-day period an additional thirty days if, in his or her judgment, any material information submitted is substantially inaccurate or the acquiring party has not furnished all the information required by the department.

(3) An acquisition may be made prior to the expiration of the disapproval period if the director issues written notice of his or her intent not to disapprove the action.

(4)(a) The director may disapprove any proposed acquisition if:

(i) The financial condition of any acquiring person is such as might jeopardize the financial stability of the acquired mortgage banking business;

(ii) The character and general fitness of any acquiring person or of any of the proposed management personnel indicate that the acquired mortgage banking business would not be operated honestly, soundly, or efficiently in the public interest; or

(iii) Any acquiring person neglects, fails, or refuses to furnish all information required by the department.

(b) The director shall notify the acquiring party in writing of disapproval of the acquisition. The notice shall provide a statement of the basis for the disapproval.

(c) Within fifteen business days after receipt of written notice of disapproval, the acquiring party may request a hearing on the proposed acquisition in accordance with the Administrative Procedure Act and rules and regulations adopted and promulgated by the department under the act. At the conclusion of such hearing, the director shall, by order, approve or disapprove the proposed acquisition on the basis of the record made at the hearing.

Laws 2007, LB124, § 49;

Laws 2008, LB851, § 22;

R.S.Supp.,2008, § 45-722;

Laws 2009, LB328, § 10;

Laws 2010, LB892, § 9.

Administrative Procedure Act, see section 84-920 .
Neb. Rev. Stat. § 14-398 — NE Code / Chapter 14 / Section 14-398
View Statute 14-398
Status: in_force

Under the methods provided in sections 14-384 to 14-3,127 to grade streets, highways, boulevards, main thoroughfares, controlled-access facilities, connecting links, major traffic streets, alleys, and parts of such streets, highways, boulevards, thoroughfares, facilities, links, or alleys, any number of intersecting and connecting streets reasonably required and proper and necessary to the better and improved use of the streets may be authorized to be graded in one proceeding. The cost of such grading as provided in sections 14-384 to 14-3,127 may be assessed upon property specially benefited as a special assessment. In such instances, in determining the sufficiency of either an authorized protest or petition, the total frontage of taxable property on all sides on all of the streets to be graded shall be taken into consideration.

Laws 1959, c. 36, § 15, p. 201;

Laws 2015, LB361, § 5;

Laws 2022, LB800, § 104.
Neb. Rev. Stat. § 81-2010 — NE Code / Chapter 60 / Section 81-2010
81-2010
Status: in_force

A criminalistics laboratory is hereby established within the Nebraska State Patrol, under the direction of the Superintendent of Law Enforcement and Public Safety. The laboratory shall perform services necessary for the recognition and proper preservation, identification, and scientific analysis of evidence materials pertaining to the investigation of crimes. By October 1, 2003, the laboratory shall have met the requirements for accreditation by the American Society of Crime Laboratory Directors-LAB-Laboratory Accreditation Board or the National Forensic Science Technology Center and have applied for accreditation.

Laws 1971, LB 477, § 1;

R.S.1943, (1978), § 60-434.01;

Laws 2001, LB 432, § 12.
Neb. Rev. Stat. § 14-1716 — NE Code / Chapter 14 / Section 14-1716
View Statute 14-1716
Status: in_force

Nothing in the Parking Authority Law shall be construed (1) as granting to the authority any power to alienate or encumber any real property belonging to the state or any of its political subdivisions, (2) to grant to the authority any right or power to pledge the credit of the State of Nebraska, or any of its subdivisions, or (3) to give the authority any power to levy or assess taxes.

Laws 1955, c. 22, § 16, p. 111;

Laws 2022, LB800, § 300.
Neb. Rev. Stat. § 38-165 — NE Code / Chapter 38 / Section 38-165
View Statute 38-165
Status: in_force

A public member of a board appointed under the Uniform Licensing Law prior to December 1, 2008, shall remain subject to the requirements of the original appointment until reappointed under the Uniform Credentialing Act. At the time of appointment and while serving as a board member, a public member appointed to a board on or after December 1, 2008, shall:

(1) Have been a resident of this state for one year;

(2) Remain a resident of Nebraska while serving as a board member;

(3) Have attained the age of nineteen years;

(4) Represent the interests and viewpoints of the public;

(5) Not hold an active credential in any profession or business which is subject to the Uniform Credentialing Act, issued in Nebraska or in any other jurisdiction, at any time during the five years prior to appointment;

(6) Not be eligible for appointment to a board which regulates a profession or business in which that person has ever held a credential;

(7) Not be or not have been, at any time during the year prior to appointment, an employee of a member of a profession credentialed by the department, of a facility credentialed pursuant to the Health Care Facility Licensure Act, of a business credentialed pursuant to the Uniform Credentialing Act, or of a business regulated by the board to which the appointment is being made;

(8) Not be the parent, child, spouse, or household member of any person presently regulated by the board to which the appointment is being made;

(9) Have no material financial interest in the profession or business regulated by such board; and

(10) Not be a member or employee of the legislative or judicial branch of state government.

Laws 2007, LB463, § 65;

Laws 2014, LB132, § 10.

Health Care Facility Licensure Act, see section 71-401 .
Neb. Rev. Stat. § 79-1132 — NE Code / Chapter 43 / Section 79-1132
79-1132
Status: in_force

The department shall provide grants for the costs of the special education programs approved by the department to the school district of residence for children with disabilities who are less than five years of age.

Laws 1978, LB 889, § 3;

Laws 1980, LB 765, § 1;

Laws 1986, LB 942, § 8;

R.S.Supp.,1986, § 43-646.02;

Laws 1987, LB 367, § 25;

Laws 1995, LB 742, § 5;

R.S.Supp.,1995, § 79-3325;

Laws 1996, LB 900, § 814;

Laws 1997, LB 346, § 22;

Laws 1998, Spec. Sess., LB 1, § 47;

Laws 2001, LB 797, § 44;

Laws 2019, LB675, § 27.
Neb. Rev. Stat. § 32-946 — NE Code / Chapter 32 / Section 32-946
View Statute 32-946
Status: in_force

When a registered voter applying for a ballot has no residence address within the county, the election commissioner or county clerk shall mail to the registered voter at the address designated by the voter the requested ballot materials, including a registration application, no later than the third Friday preceding the election pursuant to section 32-941 and shall enclose with the material the following oath which the voter must swear to before his or her ballot will be counted:

I, .........., do hereby swear that prior to my current absence from ...... County, Nebraska, I resided within the State of Nebraska, that during such residency it was my intention to make my permanent residence in such county, that during my current absence from such county I have not registered to vote or voted in an election in any other jurisdiction as a resident of such other jurisdiction, that I do not intend to make my present residence my permanent residence, that my current absence from such county is temporary and for a definite period of time, and that at the termination of that period I intend to return to ....... County, Nebraska, and make it my permanent residence. I acknowledge that the residence address assigned to me for voting purposes until I return to the county shall be deemed to be that of the office of the election commissioner or county clerk of the county in which my prior residence was located.

Laws 1994, LB 76, § 289;

Laws 1997, LB 764, § 96;

Laws 2002, LB 935, § 12;

Laws 2005, LB 98, § 18;

Laws 2005, LB 566, § 47.
Neb. Rev. Stat. § 21-238 — NE Code / Chapter 21 / Section 21-238
View Statute 21-238
Status: in_force

(MBCA 6.02) (a) If the articles of incorporation so provide, the board of directors is authorized, without shareholder approval, to:

(1) Classify any unissued shares into one or more classes or into one or more series within a class;

(2) Reclassify any unissued shares of any class into one or more classes or into one or more series within one or more classes; or

(3) Reclassify any unissued shares of any series of any class into one or more classes or into one or more series within a class.

(b) If the board of directors acts pursuant to subsection (a) of this section, it must determine the terms, including the preferences, rights, and limitations, to the same extent permitted under section 21-237 , of:

(1) Any class of shares before the issuance of any shares of that class; or

(2) Any series within a class before the issuance of any shares of that series.

(c) Before issuing any shares of a class or series created under this section, the corporation must deliver to the Secretary of State for filing articles of amendment setting forth the terms determined under subsection (a) of this section.

Laws 2014, LB749, § 38.