FrankGoortani/open-us-law huggingface dataset:
Neb. Rev. Stat. § 59-1609 — NE Code / Chapter 59 / Section 59-1609
View Statute 59-1609
Status: in_force

Any person who is injured in his or her business or property by a violation of sections 59-1602 to 59-1606 , whether such injured person dealt directly or indirectly with the defendant, or any person so injured because he or she refuses to accede to a proposal for an arrangement which, if consummated, would be in violation of sections 59-1603 to 59-1606 , may bring a civil action in the district court to enjoin further violations, to recover the actual damages sustained by him or her, or both, together with the costs of the suit, including a reasonable attorney's fee, and the court may in its discretion, increase the award of damages to an amount which bears a reasonable relation to the actual damages which have been sustained and which damages are not susceptible of measurement by ordinary pecuniary standards; except that such increased award for violation of section 59-1602 shall not exceed one thousand dollars. For the purpose of this section, person shall include the counties, the municipalities, and all political subdivisions of this state.

Whenever the State of Nebraska is injured by reason of a violation of sections 59-1603 to 59-1606 , it may sue therefor in the district court to recover the actual damages sustained by it and to recover the costs of the suit including a reasonable attorney's fee.

Laws 1974, LB 1028, § 16;

Laws 2002, LB 1278, § 26.

Immunity under the Noerr-Pennington doctrine may be raised as an affirmative defense against claims for violations of sections 59-1602 and 59-1603 brought under this section. Salem Grain Co. v. Consolidated Grain & Barge Co., 297 Neb. 682, 900 N.W.2d 909 (2017).

Immunity under the Noerr-Pennington doctrine may be raised as an affirmative defense against claims for violations of sections 59-1602 and 59-1603 brought under this section. Salem Grain Co. v. Consolidated Grain & Barge Co., 297 Neb. 682, 900 N.W.2d 909 (2017).

As related to a cause of action for any person injured in violation of section 59-1604, this section contemplates an action by indirect purchasers. Arthur v. Microsoft Corp., 267 Neb. 586, 676 N.W.2d 29 (2004).

As related to a cause of action for any person injured in violation of section 59-1604, this section contemplates an action by indirect purchasers. Arthur v. Microsoft Corp., 267 Neb. 586, 676 N.W.2d 29 (2004).
Neb. Rev. Stat. § 29-2243 — NE Code / Chapter 29 / Section 29-2243
View Statute 29-2243
Status: in_force

The office shall establish performance metrics for probation officers. Such metrics should measure efficacy in providing rehabilitative and reentry services to probationers. Such metrics should:

(1) Reflect a balanced approach that considers both compliance and enforcement measures as well as outcomes related to rehabilitation, reintegration, and public safety;

(2) Include indicators of progress for probationers, such as successful completion of treatment programs, educational attainment, employment status, and compliance with conditions of supervision;

(3) Emphasize the importance of providing supportive services, fostering positive relationships with probationers, and promoting successful community reentry; and

(4) Be aligned with best practices, stakeholder input, and the evolving goals and priorities of the criminal justice system.

Laws 2024, LB631, § 24.
Neb. Rev. Stat. § 70-722 — NE Code / Chapter 70 / Section 70-722
View Statute 70-722
Status: in_force

Meetings of the board, regular or special, shall be held at such place and upon such notice as the bylaws may prescribe. Attendance of a director or alternate director at any meeting shall constitute a waiver of notice of such meeting, except where a director or alternate director attends a meeting for the express purpose of objecting to the transaction of any business because the meeting is not lawfully called or convened. Neither the business to be transacted at, nor the purpose of, any regular or special meeting of the board of directors need be specified in the notice or waiver of notice of such meeting.

Laws 1937, c. 50, § 22, p. 209;

C.S.Supp.,1941, § 70-822;

R.S.1943, § 70-722;

Laws 1974, LB 833, § 4.
Neb. Rev. Stat. § 38-2899 — NE Code / Chapter 71 / Section 38-2899
38-2899
Status: in_force

The department, with the recommendation of the board, shall adopt and promulgate rules and regulations as deemed necessary to implement the Mail Service Pharmacy Licensure Act, the Pharmacy Practice Act, and the Uniform Controlled Substances Act. The minimum standards and requirements for the practice of pharmacy, including dispensing pursuant to a delegated dispensing permit, shall be consistent with the minimum standards and requirements established by the department for pharmacy licenses under the Health Care Facility Licensure Act.

Laws 2001, LB 398, § 27;

Laws 2003, LB 667, § 4;

Laws 2005, LB 538, § 20;

R.S.Supp.,2006, § 71-1,148;

Laws 2007, LB463, § 989;

Laws 2015, LB37, § 54.

Health Care Facility Licensure Act, see section 71-401 .

Mail Service Pharmacy Licensure Act, see section 71-2406 .

Uniform Controlled Substances Act, see section 28-401.01 .
Neb. Rev. Stat. § 30-2491 — NE Code / Chapter 30 / Section 30-2491
View Statute 30-2491
Status: in_force

Payment of a secured claim is upon the basis of the amount allowed if the creditor surrenders his security; otherwise payment is upon the basis of one of the following:

(1) if the creditor exhausts his security before receiving payment, upon the amount of the claim allowed less the fair value of the security; or

(2) if the creditor does not have the right to exhaust his security or has not done so, upon the amount of the claim allowed less the value of the security determined by converting it into money according to the terms of the agreement pursuant to which the security was delivered to the creditor, or by the creditor and personal representative by agreement, arbitration, compromise or litigation.

Laws 1974, LB 354, § 169, UPC § 3-809.
Neb. Rev. Stat. § 21-2311 — NE Code / Chapter 21 / Section 21-2311
View Statute 21-2311
Status: in_force

The corporation and all properties at any time owned by it and only while owned by it and the income from the properties, and all bonds issued by it and the income from the bonds, shall be exempt from taxation in the State of Nebraska.

Laws 1972, LB 1517, § 12;

Laws 1995, LB 494, § 11.
Neb. Rev. Stat. § 23-3592 — NE Code / Chapter 23 / Section 23-3592
23-3592
Status: in_force

All electors residing within the boundaries of the authority who have not signed the petitions nominating a candidate for appointment to the board of trustees may, not less than five days prior to the date set for hearing on the nominations, file with the county clerk any objections to the appointment of any such candidate stating their objections to any one or more of the candidates.

Laws 1971, LB 54, § 17;

R.S.1943, (1987), § 23-343.90.
Neb. Rev. Stat. § 16-313 — NE Code / Chapter 16 / Section 16-313
View Statute 16-313
Status: in_force

The mayor of a city of the first class shall have the power to approve or veto any ordinance passed by the city council and to approve or veto any order, bylaw, resolution, award of or vote to enter into any contract, or the allowance of any claim. If the mayor approves the ordinance, order, bylaw, resolution, contract, or claim, he or she shall sign it, and it shall become effective. If the mayor vetoes the ordinance, order, bylaw, resolution, contract, or any item or items of appropriations or claims, he or she shall return it to the city council stating that the measure is vetoed. The mayor may issue the veto at the meeting at which the measure passed or within seven calendar days after the meeting. If the mayor issues the veto after the meeting, the mayor shall notify the city clerk of the veto in writing. The city clerk shall notify the city council in writing of the mayor's veto. Any ordinance, order, bylaw, resolution, award of or vote to enter into any contract, or the allowance of any claim vetoed by the mayor, may be passed over his or her veto by a vote of two-thirds of all the members elected to the city council, notwithstanding his or her veto. If the mayor neglects or refuses to sign any ordinance, order, bylaw, resolution, award of or vote to enter into any contract, or the allowance of any claim, but fails to veto the measure within the time required by this section, the measure shall become effective without his or her signature. The mayor may veto any item or items of any appropriation bill or any claims bill, and approve the remainder thereof, and the item or items so vetoed may be passed by the city council over the veto as in other cases.

Laws 1901, c. 18, § 20, p. 234;

R.S.1913, § 4879;

C.S.1922, § 4047;

C.S.1929, § 16-309;

R.S.1943, § 16-313;

Laws 2014, LB803, § 1;

Laws 2016, LB704, § 57;

Laws 2019, LB194, § 8.

Under a similar section where four councilmen voted for, and four councilmen against, the issuance of a liquor license, and the mayor voted for its issuance, such vote of the mayor does not come within any exceptions direct or implied, and such mayor has the authority to cast the deciding vote. Rohrer v. Hastings Brewing Company, 83 Neb. 111, 119 N.W. 27 (1908).

Under a similar section where four councilmen voted for, and four councilmen against, the issuance of a liquor license, and the mayor voted for its issuance, such vote of the mayor does not come within any exceptions direct or implied, and such mayor has the authority to cast the deciding vote. Rohrer v. Hastings Brewing Company, 83 Neb. 111, 119 N.W. 27 (1908).
Neb. Rev. Stat. § 25-1245 — NE Code / Chapter 25 / Section 25-1245
View Statute 25-1245
Status: in_force

An affidavit may be made in and out of this state before any person authorized to take depositions, and must be authenticated in the same way. An attorney at law who is attorney for a party in any proceedings in any court of this state shall not be disqualified as the person before whom the affidavit is made by reason of such representation.

R.S.1867, Code § 371, p. 455;

R.S.1913, § 7937;

C.S.1922, § 8879;

C.S.1929, § 20-1245;

R.S.1943, § 25-1245;

Laws 1965, c. 121, § 1, p. 457.

Affidavits are not improper or excludable because notarized by one who is attorney of record. Frazier, Inc. v. 20th Century Builders, Inc., 188 Neb. 618, 198 N.W.2d 478 (1972).

Affidavits are not improper or excludable because notarized by one who is attorney of record. Frazier, Inc. v. 20th Century Builders, Inc., 188 Neb. 618, 198 N.W.2d 478 (1972).

Affidavits verified before attorneys for state held competent after being reverified before authorized officer. Baker v. State, 112 Neb. 654, 200 N.W. 876 (1924).

Affidavits verified before attorneys for state held competent after being reverified before authorized officer. Baker v. State, 112 Neb. 654, 200 N.W. 876 (1924).

Attorney in case is not competent to act as notary in taking affidavit to be used on hearing. Maroosis v. Catalano, 98 Neb. 284, 152 N.W. 559 (1915); Horkey v. Kendall, 53 Neb. 522, 73 N.W. 953 (1898).

Attorney in case is not competent to act as notary in taking affidavit to be used on hearing. Maroosis v. Catalano, 98 Neb. 284, 152 N.W. 559 (1915); Horkey v. Kendall, 53 Neb. 522, 73 N.W. 953 (1898).

Objections to use of affidavit as evidence are not required to be made in the manner provided for interposing objections to depositions. Malcom Savings Bank v. Cronin, 80 Neb. 231, 116 N.W. 150 (1908).

Objections to use of affidavit as evidence are not required to be made in the manner provided for interposing objections to depositions. Malcom Savings Bank v. Cronin, 80 Neb. 231, 116 N.W. 150 (1908).

Affidavit must have attached certificate of officer before whom taken that oath was administered. Sebesta v. Supreme Court of Honor, 77 Neb. 249, 109 N.W. 166 (1906).

Affidavit must have attached certificate of officer before whom taken that oath was administered. Sebesta v. Supreme Court of Honor, 77 Neb. 249, 109 N.W. 166 (1906).

Affidavit taken before notary of a sister state or foreign government was properly received. Browne v. Palmer, 66 Neb. 287, 92 N.W. 315 (1902).

Affidavit taken before notary of a sister state or foreign government was properly received. Browne v. Palmer, 66 Neb. 287, 92 N.W. 315 (1902).

There must be authentication by both seal and signature. Holmes v. Crooks, 56 Neb. 466, 76 N.W. 1073 (1898).

There must be authentication by both seal and signature. Holmes v. Crooks, 56 Neb. 466, 76 N.W. 1073 (1898).
Neb. Rev. Stat. § 28-1016 — NE Code / Chapter 28 / Section 28-1016
View Statute 28-1016
Status: in_force

Nothing in sections 28-1008 to 28-1017 , 28-1019 , and 28-1020 shall be construed as amending or changing the authority of the Game and Parks Commission as established in the Game Law or to prohibit any conduct authorized or permitted by such law.

Laws 1990, LB 50, § 9;

Laws 2003, LB 273, § 9;

Laws 2008, LB764, § 10;

Laws 2008, LB1055, § 7;

Laws 2009, LB494, § 5;

Laws 2015, LB360, § 9.

Game Law, see section 37-201 .
Neb. Rev. Stat. § 48-1704 — NE Code / Chapter 48 / Section 48-1704
View Statute 48-1704
Status: in_force

(1) Except as otherwise provided by the Farm Labor Contractors Act, no person shall act as a farm labor contractor and engage in farm labor contracting activity unless such person holds a valid license issued by the department.

(2) Farm labor contractor licenses may be issued by the department only as follows:

(a) To an individual operating as a sole proprietor under the person's own name or under an assumed business name registered with the state;

(b) To two or more individuals operating as a partnership under their own names or under an assumed business name registered with the state; and

(c) To a corporation, limited liability company, or cooperative association authorized to do business in Nebraska.

(3) An application for a license as a farm labor contractor shall be sworn to by the applicant and shall be written on a form prescribed by the department. The form shall include, but not be limited to, the following:

(a) The applicant's name and Nebraska address, all other temporary and permanent addresses the applicant uses or knows will be used in the future, and, if the applicant is an individual, the applicant's social security number;

(b) Information on all motor vehicles to be used by the applicant in operations as a farm labor contractor, including the license number and state of licensure, the vehicle number, and the name and address of the vehicle owner for all vehicles used for farm labor contracting activity;

(c) Whether or not the applicant was ever denied a license under the Farm Labor Contractors Act or in any other jurisdiction under a similar law or had such a license revoked or suspended; and

(d) The names and addresses of all persons financially interested, whether as partners, limited liability company members, shareholders, associates, or profit sharers in the applicant's proposed operations as a farm labor contractor, together with the amount of their respective interests, and whether or not, to the best of the applicant's knowledge, any of such persons was ever denied a license under the act or in any other jurisdiction or had such a license revoked or suspended.

Laws 1987, LB 344, § 4;

Laws 1993, LB 121, § 302;

Laws 1994, LB 884, § 66;

Laws 1997, LB 752, § 128.
Neb. Rev. Stat. § 44-4324 — NE Code / Chapter 44 / Section 44-4324
View Statute 44-4324
Status: in_force

Bonds shall be authorized by resolution of the issuing risk management pool's board of directors, may be issued under a resolution or under a trust indenture or other security instrument in one or more series, and shall bear such date or dates, mature at such time or times, bear interest at such rate or rates, be in such denomination or denominations, be in such form, either coupon or registered, carry such conversion or registration privileges, have such rank or priority, be executed in such manner, be payable in such medium of payment and at such place or places, and be subject to such terms of redemption, with or without premium, as such resolution, trust indenture, or other security instrument may provide and without limitation by the provisions of any other law limiting amounts, maturities, or interest rates. Any officer authorized or designated to sign, countersign, execute, or attest any bond or any coupon may utilize a facsimile signature in lieu of his or her manual signature.

Laws 1987, LB 398, § 24.
Neb. Rev. Stat. § 8-308 — NE Code / Chapter 8 / Section 8-308
View Statute 8-308
Status: in_force

Any shareholder of an association shall be permitted to withdraw any or all of the credit value of his or her stock as shown by the books of the association, provided such stock is not pledged as security for a loan, by giving written notice of such intention to the secretary or managing officer of the association, and, at the expiration of thirty days following such notice, the member so withdrawing, or, if deceased, his legal representative, shall be entitled to receive the credit value of the stock at the time such notice was given, together with such proportion of the net profits accruing since the last dividend date, if the bylaws so provide and determine, less the admission fee, if any, or other just and lawful charges; Provided, the right to so withdraw shall not apply to shareholders of an association in process of liquidation.

Laws 1899, c. 17, § 3, p. 85;

R.S.1913, § 488;

Laws 1919, c. 190, tit. V, art. XIX, § 4, p. 724;

C.S.1922, § 8086;

C.S.1929, § 8-304;

Laws 1941, c. 12, § 1, p. 84;

C.S.Supp.,1941, § 8-304;

R.S.1943, § 8-308.
Neb. Rev. Stat. § 2-5106 — NE Code / Chapter 2 / Section 2-5106
View Statute 2-5106
Status: in_force

The Buffer Strip Incentive Fund is created. Proceeds raised from fees imposed for the registration of pesticides and earmarked for the fund pursuant to section 2-2634 , proceeds raised from federal grants earmarked for the fund, and any proceeds raised from public or private donations made to the fund shall be remitted to the State Treasurer for credit to the fund. The fund shall be administered by the department to maintain the buffer strip program and for expenses directly related to the program, including necessary expenses of the department in carrying out its duties and responsibilities under the Buffer Strip Act, except that transfers may be made from the fund to the General Fund at the direction of the Legislature. The annual cost of administering the buffer strip program shall not exceed ten percent of the total annual proceeds credited to the Buffer Strip Incentive Fund. Such administrative costs shall include funds allocated by the department to the districts for their administrative costs. Any money in the fund available for investment shall be invested by the state investment officer pursuant to the Nebraska Capital Expansion Act and the Nebraska State Funds Investment Act.

Laws 1998, LB 1126, § 6;

Laws 2009, LB98, § 5;

Laws 2009, First Spec. Sess., LB3, § 6.

Nebraska Capital Expansion Act, see section 72-1269 .

Nebraska State Funds Investment Act, see section 72-1260 .
Neb. Rev. Stat. § 37-1293 — NE Code / Chapter 37 / Section 37-1293
View Statute 37-1293
Status: in_force

When an insurance company acquires a salvage motorboat through payment of a total loss settlement on account of damage, the company shall obtain the certificate of title from the owner, surrender such certificate of title to the county treasurer, and make application for a salvage branded certificate of title which shall be assigned when the company transfers ownership. An insurer shall take title to a salvage motorboat for which a total loss settlement is made unless the owner of the motorboat elects to retain the motorboat. If the owner elects to retain the motorboat, the insurance company shall notify the Department of Motor Vehicles of such fact in a format prescribed by the department. Beginning on the implementation date designated by the Director of Motor Vehicles pursuant to subsection (3) of section 60-1508 , the insurance company shall report electronically to the department using the electronic reporting system. The department shall immediately enter the salvage brand onto the computerized record of the motorboat. The insurance company shall also notify the owner of the owner's responsibility to comply with this section. The owner shall, within thirty days after the settlement of the loss, forward the properly endorsed acceptable certificate of title to the county treasurer. Upon receipt of the certificate of title, the county treasurer shall issue a salvage branded certificate of title for the motorboat unless the motorboat has been rebuilt or reconstructed, in which case the county treasurer shall issue a previously salvaged branded certificate of title for the motorboat.

Laws 2004, LB 560, § 6;

Laws 2012, LB801, § 26;

Laws 2018, LB909, § 6;

Laws 2019, LB270, § 5.
Neb. Rev. Stat. § 35-1203 — NE Code / Chapter 35 / Section 35-1203
View Statute 35-1203
Status: in_force

The Mutual Finance Assistance Fund is created. The fund shall be used to provide assistance to rural or suburban fire protection districts and mutual finance organizations which qualify under the Mutual Finance Assistance Act. Any money in the fund available for investment shall be invested by the state investment officer pursuant to the Nebraska Capital Expansion Act and the Nebraska State Funds Investment Act.

Laws 1998, LB 1120, § 3.

Nebraska Capital Expansion Act, see section 72-1269 .

Nebraska State Funds Investment Act, see section 72-1260 .
Neb. Rev. Stat. § 48-3011 — NE Code / Chapter 48 / Section 48-3011
View Statute 48-3011
Status: in_force

Participation in the Teleworker Job Creation Act shall not preclude an employer from receiving tax incentives or other benefits under other federal, state, or local incentive programs.

Laws 2010, LB1081, § 11.
Neb. Rev. Stat. § 66-837 — NE Code / Chapter 66 / Section 66-837
View Statute 66-837
Status: in_force

Note: The Revisor of Statutes has pursuant to section 49-705 omitted sections 66-825 to 66-841 because the Supreme Court in State ex rel. Douglas v. Thone, 204 Neb. 836, 286 N.W.2d 249 (1979), held such sections from LB 571, Laws 1979, to be unconstitutional.
Neb. Rev. Stat. § 30-4501 — NE Code / Chapter 30 / Section 30-4501
View Statute 30-4501
Status: in_force

Sections 30-4501 to 30-4529 shall be known and may be cited as the Uniform Trust Decanting Act.

Laws 2020, LB808, § 11.
Neb. Rev. Stat. § 39-1317 — NE Code / Chapter 39 / Section 39-1317
View Statute 39-1317
Status: in_force

The department shall have the authority to make investigations and to collect and analyze all relevant data relating to (1) road planning studies, (2) traffic problems, (3) financial conditions, and (4) problems relating to state, county, township, municipal, federal, and all other public roads in the state, except any toll facilities. The department also shall have the authority to collect, analyze, and interpret all relevant data concerning the use, construction, improvement, and maintenance of roads, the practices and methods of road organization and development, and such other information, data, and statistics as are deemed necessary. The department may cooperate with the bureau of public roads, federal agencies, research organizations, or political or governmental subdivisions or public corporations of this state and may enter into agreements with other states to carry on research and test projects pertaining to road purposes.

Laws 1955, c. 148, § 17, p. 424.
Neb. Rev. Stat. § 38-1422 — NE Code / Chapter 38 / Section 38-1422
View Statute 38-1422
Status: in_force

The department shall establish and collect fees for credentialing under the Funeral Directing and Embalming Practice Act as provided in sections 38-151 to 38-157 .

Laws 2007, LB463, § 558.