FrankGoortani/open-us-law huggingface dataset:
Neb. Rev. Stat. § 32-523 — NE Code / Chapter 32 / Section 32-523
View Statute 32-523
Status: in_force

Except as otherwise provided in sections 23-3401 and 23-3404 , the public defender shall, in counties having a population in excess of one hundred thousand inhabitants which have not elected a public defender prior to July 10, 1984, be elected at the next statewide general election following July 10, 1984, or the year in which the county attains a population of one hundred thousand inhabitants and shall, in other counties, be elected at the first statewide general election of county officers following approval by the county board and every four years thereafter. The term of the public defender shall be four years or until his or her successor is elected and qualified. The public defender shall meet the qualifications found in section 23-3401 . The public defender shall be elected on the partisan ballot.

Laws 1994, LB 76, § 119.
Neb. Rev. Stat. § 59-505 — NE Code / Chapter 59 / Section 59-505
View Statute 59-505
Status: in_force

Any person, firm, company, association or corporation violating any of the provisions of sections 59-501 and 59-503 , and any officer, agent or receiver of any firm, company, association or corporation, or any member of the same, or any individual, violating any of the provisions of said sections, shall be deemed guilty of a Class I misdemeanor.

Laws 1939, c. 77, § 2, p. 315;

C.S.Supp.,1941, § 59-524;

R.S.1943, § 59-505;

Laws 1977, LB 39, § 61.
Neb. Rev. Stat. § 30-4513 — NE Code / Chapter 30 / Section 30-4513
View Statute 30-4513
Status: in_force

(a) In this section:

(1) Beneficiary with a disability means a beneficiary of a first trust who the special-needs fiduciary believes may qualify for governmental benefits based on disability, whether or not the beneficiary currently receives those benefits or is an individual who has been adjudicated incapacitated.

(2) Governmental benefits means financial aid or services from a state, federal, or other public agency.

(3) Special-needs fiduciary means, with respect to a trust that has a beneficiary with a disability:

(A) a trustee or other fiduciary, other than a settlor, that has discretion to distribute part or all of the principal of a first trust to one or more current beneficiaries;

(B) if no trustee or fiduciary has discretion under subdivision (3)(A) of this subsection, a trustee or other fiduciary, other than a settlor, that has discretion to distribute part or all of the income of the first trust to one or more current beneficiaries; or

(C) if no trustee or fiduciary has discretion under subdivisions (3)(A) and (B) of this subsection, a trustee or other fiduciary, other than a settlor, that is required to distribute part or all of the income or principal of the first trust to one or more current beneficiaries.

(4) Special-needs trust means a trust the trustee believes would not be considered a resource for purposes of determining whether a beneficiary with a disability is eligible for governmental benefits.

(b) A special-needs fiduciary may exercise the decanting power under section 30-4511 over the principal of a first trust as if the fiduciary had authority to distribute principal to a beneficiary with a disability subject to expanded distributive discretion if:

(1) a second trust is a special-needs trust that benefits the beneficiary with a disability; and

(2) the special-needs fiduciary determines that exercise of the decanting power will further the purposes of the first trust.

(c) In an exercise of the decanting power under this section, the following rules apply:

(1) Notwithstanding subdivision (c)(2) of section 30-4511 , the interest in the second trust of a beneficiary with a disability may:

(A) be a pooled trust as defined by medicaid law for the benefit of the beneficiary with a disability under 42 U.S.C. 1396p(d)(4)(C), as such section existed on November 14, 2020; or

(B) contain payback provisions complying with reimbursement requirements of medicaid law under 42 U.S.C. 1396p(d)(4)(A), as such section existed on November 14, 2020.

(2) Subdivision (c)(3) of section 30-4511 does not apply to the interests of the beneficiary with a disability.

(3) Except as affected by any change to the interests of the beneficiary with a disability, the second trust, or if there are two or more second trusts, the second trusts in the aggregate, must grant each other beneficiary of the first trust beneficial interests in the second trusts which are substantially similar to the beneficiary's beneficial interests in the first trust.

Laws 2020, LB808, § 23.
Neb. Rev. Stat. § 69-2314 — NE Code / Chapter 69 / Section 69-2314
View Statute 69-2314
Status: in_force

The remedy provided by the Disposition of Personal Property Landlord and Tenant Act shall not be exclusive and shall not preclude the landlord or the tenant from pursuing any other remedy provided by law.

Laws 1991, LB 36, § 14.
Neb. Rev. Stat. § 21-413 — NE Code / Chapter 21 / Section 21-413
View Statute 21-413
Status: in_force

(1) A benefit corporation shall prepare an annual benefit report including all of the following:

(a) A narrative description of:

(i) The ways in which the benefit corporation pursued general public benefit during the year and the extent to which general public benefit was created;

(ii) Both:

(A) The ways in which the benefit corporation pursued a specific public benefit that the articles of incorporation state it is the purpose of the benefit corporation to create; and

(B) The extent to which that specific public benefit was created;

(iii) Any circumstances that have hindered the creation by the benefit corporation of general public benefit or specific public benefit; and

(iv) The process and rationale for selecting or changing the third-party standard used to prepare the benefit report;

(b) An assessment of the overall social and environmental performance of the benefit corporation against a third-party standard:

(i) Applied consistently with any application of that standard in prior benefit reports; or

(ii) Accompanied by an explanation of the reasons for:

(A) Any inconsistent application; or

(B) The change to that standard from the one used in the immediately prior benefit report;

(c) The name of the benefit director and the benefit officer, if any, and the address to which correspondence to each of them may be directed;

(d) The compensation paid by the benefit corporation during the year to each director in the capacity of a director;

(e) The statement of the benefit director described in subsection (3) of section 21-409 ; and

(f) A statement of any connection between the organization that established the third-party standard, or its directors, officers, or any holder of five percent or more of the governance interests in the organization, and the benefit corporation or its directors, officers, or any holder of five percent or more of the outstanding shares of the benefit corporation, including any financial or governance relationship which might materially affect the credibility of the use of the third-party standard.

(2) If, during the year covered by a benefit report, a benefit director resigned from or refused to stand for reelection to the position of benefit director, or was removed from the position of benefit director, and the benefit director furnished the benefit corporation with any written correspondence concerning the circumstances surrounding the resignation, refusal, or removal, the benefit report shall include that correspondence as an exhibit.

(3) Neither the benefit report nor the assessment of the performance of the benefit corporation in the benefit report required by subdivision (1)(b) of this section needs to be audited or certified by a third-party standards provider.

Laws 2014, LB751, § 13.
Neb. Rev. Stat. § 2-4010 — NE Code / Chapter 2 / Section 2-4010
View Statute 2-4010
Status: in_force

The board shall meet at least once every three months and at such other times as called by the chairperson or by any three members of the board.

Laws 1981, LB 11, § 10.
Neb. Rev. Stat. § 68-934 — NE Code / Chapter 68 / Section 68-934
View Statute 68-934
Status: in_force

Sections 68-934 to 68-947 shall be known and may be cited as the False Medicaid Claims Act.

Laws 1996, LB 1155, § 67;

R.S.1943, (2003), § 68-1037.01;

Laws 2004, LB 1084, § 1;

R.S.Supp.,2004, § 68-1073;

Laws 2006, LB 1248, § 34;

Laws 2009, LB288, § 21.
Neb. Rev. Stat. § 13-2546 — NE Code / Chapter 13 / Section 13-2546
View Statute 13-2546
Status: in_force

(1) All bonds of a joint public agency are declared to be issued for an essential public and governmental purpose and, together with interest thereon and income therefrom, shall be exempt from all taxes.

(2) The property of a joint public agency, including any pro rata share of any property owned by a joint public agency in conjunction with any other person, is declared to be public property of a governmental subdivision of the state. Such property and the income of a joint public agency shall be exempt from all taxes and assessments of the state or any political subdivision of the state if used for a public purpose.

Laws 1999, LB 87, § 46;

Laws 2001, LB 173, § 12.
Neb. Rev. Stat. § 18-602 — NE Code / Chapter 18 / Section 18-602
View Statute 18-602
Status: in_force

Grade crossing projects within the boundaries of a municipality shall be undertaken on a basis that will impose no involuntary contributions on the affected railroads except as provided by 23 U.S.C. 130(b) and (c), as such sections existed on January 1, 2021, and shall not interfere with the use of present railroad tracks without the consent of such railroads.

Laws 1935, Spec. Sess., c. 34, § 2, p. 197;

C.S.Supp.,1941, § 18-1902;

R.S.1943, § 18-602;

Laws 1947, c. 47, § 2, p. 166;

Laws 2021, LB163, § 44.

Where the primary purpose and effect of an improvement is to benefit the public, the improvement is not local though it may incidentally benefit property in the particular locality. Hinman v. Temple, 133 Neb. 268, 274 N.W. 605 (1937).

Where the primary purpose and effect of an improvement is to benefit the public, the improvement is not local though it may incidentally benefit property in the particular locality. Hinman v. Temple, 133 Neb. 268, 274 N.W. 605 (1937).
Neb. Rev. Stat. § 9-804 — NE Code / Chapter 9 / Section 9-804
View Statute 9-804
Status: in_force

The Lottery Division of the Department of Revenue is hereby established. The division shall be administered by the Director of the Lottery Division who shall be appointed by and serve at the pleasure of the Tax Commissioner. The division shall administer and regulate the lottery games conducted pursuant to the State Lottery Act.

Laws 1991, LB 849, § 4;

Laws 1993, LB 138, § 20.
Neb. Rev. Stat. § 30-2439 — NE Code / Chapter 30 / Section 30-2439
View Statute 30-2439
Status: in_force

Supervised administration is a single in rem proceeding to secure complete administration and settlement of a decedent's estate under the continuing authority of the court which extends until entry of an order approving distribution of the estate and discharging the personal representative or other order terminating the proceeding. A supervised personal representative is responsible to the court, as well as to the interested parties, and is subject to directions concerning the estate made by the court on its own motion or on the motion of any interested party. Except as otherwise provided in this part, or as otherwise ordered by the court, a supervised personal representative has the same duties and powers as a personal representative who is not supervised.

Laws 1974, LB 354, § 117, UPC § 3-501.
Neb. Rev. Stat. § 19-2204 — NE Code / Chapter 19 / Section 19-2204
View Statute 19-2204
Status: in_force

If the court finds that the allegations of the application are true and that the conditions set forth in section 19-2201 exist, a decree shall be entered correcting any errors or omissions in the platting and annexation of the territory, reestablishing the corporate limits of the city or village, and barring any future challenge of the validity of the proceedings. A certified copy of the decree shall be recorded in the office of the register of deeds of the county in which the territory lies. Appeals may be taken from the district court to the Court of Appeals as in other civil actions.

Laws 1955, c. 60, § 4, p. 192;

Laws 1991, LB 732, § 23.
Neb. Rev. Stat. § 55-116 — NE Code / Chapter 55 / Section 55-116
View Statute 55-116
Status: in_force

Whenever any portion of the militia is employed in aid of the civil authority, the Governor, if in his judgment the maintenance of law and order will thereby be promoted, may by proclamation declare the county or city in which the troops are serving, or any specified portion thereof, to be in a state of insurrection.

Laws 1909, c. 90, § 17, p. 372;

R.S.1913, § 3916;

C.S.1922, § 3325;

C.S.1929, § 55-152;

R.S.1943, § 55-182;

Laws 1969, c. 459, § 14, p. 1585.

Governor may make use of National Guard to suppress insurrection and his declaration of the existence of a state of insurrection is conclusive. United States ex rel. Seymour v. Fischer, 280 F. 208 (D. Neb. 1922).

Governor may make use of National Guard to suppress insurrection and his declaration of the existence of a state of insurrection is conclusive. United States ex rel. Seymour v. Fischer, 280 F. 208 (D. Neb. 1922).
Neb. Rev. Stat. § 45-352 — NE Code / Chapter 45 / Section 45-352
View Statute 45-352
Status: in_force

(1) Section 45-351 shall not prohibit the licensee from:

(a) Contacting any person in order to discover property belonging to the borrower that may be seized to satisfy a debt that has been reduced to judgment;

(b) Making amicable demand and filing suit on the debt; or

(c) Contacting persons related to the borrower if permission is specifically given in writing at the time the debt arises or at any time after such debt arises.

(2) An installment loan licensee may contact any person without the borrower's consent:

(a) To ascertain information relating to a borrower's credit worthiness, credit standing, credit capacity, character, general reputation, personal characteristics, or mode of living which is used or expected to be used or collected in whole or in part for the purpose of serving as a factor in establishing the borrower's eligibility for credit or insurance if such contacts are not designed to collect a delinquent debt; or

(b) To locate the borrower when the licensee has reason to believe the borrower has changed his or her employment or has moved from his or her last-known address.

Laws 1965, c. 268, § 19, p. 767;

Laws 2007, LB124, § 38;

Laws 2025, LB474, § 73.
Neb. Rev. Stat. § 70-309 — NE Code / Chapter 70 / Section 70-309
View Statute 70-309
Status: in_force

If the public road, along, upon, across, or under which the right to construct, operate, and maintain the electrical transmission line is granted, is a state or federal highway, then the location and installation of the electrical transmission facilities, insofar as they pertain to the present and future use of the rights-of-way for highway purposes, shall be subject to reasonable regulations and restrictions prescribed by the Department of Transportation. If the future use of the state or federal highway requires the moving or relocating of the facilities, then such facilities shall be removed or relocated by the owner, at the owner's cost and expense, and as directed by the Department of Transportation except as provided by section 39-1304.02 .

Laws 1943, c. 231, § 2, p. 780;

R.S.1943, § 86-308.01;

Laws 1957, c. 171, § 4, p. 593;

R.S.1943, (1999), § 86-308.01;

Laws 2002, LB 1105, § 472;

Laws 2017, LB339, § 245.
Neb. Rev. Stat. § 29-3304 — NE Code / Chapter 29 / Section 29-3304
View Statute 29-3304
Status: in_force

No order shall be required or necessary where the individual has been lawfully arrested, nor under any circumstances where peace officers may otherwise lawfully require or request the individual to provide evidence of identifying physical characteristics, and no order shall be required in the course of trials or other judicial proceedings.

Laws 1971, LB 568, § 4.

Under this section, law enforcement personnel must have probable cause to believe that the person whose DNA is sought committed the crime for which the DNA is sought. State v. McKinney, 273 Neb. 346, 730 N.W.2d 74 (2007).

Under this section, law enforcement personnel must have probable cause to believe that the person whose DNA is sought committed the crime for which the DNA is sought. State v. McKinney, 273 Neb. 346, 730 N.W.2d 74 (2007).

The identifying physical characteristics statutes require a showing of probable cause to believe the person seized has engaged in an articulable criminal offense before the judicial officer can issue an order to produce identifying physical characteristics. State v. Marcus, 265 Neb. 910, 660 N.W.2d 837 (2003).

The identifying physical characteristics statutes require a showing of probable cause to believe the person seized has engaged in an articulable criminal offense before the judicial officer can issue an order to produce identifying physical characteristics. State v. Marcus, 265 Neb. 910, 660 N.W.2d 837 (2003).

When determining whether an order to produce identifying physical characteristics was based on a showing of probable cause, a court considers the totality of the circumstances. State v. Marcus, 265 Neb. 910, 660 N.W.2d 837 (2003).

When determining whether an order to produce identifying physical characteristics was based on a showing of probable cause, a court considers the totality of the circumstances. State v. Marcus, 265 Neb. 910, 660 N.W.2d 837 (2003).
Neb. Rev. Stat. § 54-906 — NE Code / Chapter 54 / Section 54-906
View Statute 54-906
Status: in_force

(1) A law enforcement officer who has reason to believe that a livestock animal has been abandoned or is being cruelly neglected or cruelly mistreated may seek a warrant authorizing entry upon private property to inspect, care for, or impound the livestock animal.

(2) A law enforcement officer who has reason to believe that a livestock animal has been abandoned or is being cruelly neglected or cruelly mistreated may issue a citation to the owner or custodian as prescribed in sections 29-422 to 29-429 .

(3) A law enforcement officer may specify in a custody agreement the terms and conditions by which the owner or custodian may maintain custody of the livestock animal to provide care for such animal at the expense of the owner or custodian. The custody agreement shall be signed by the owner or custodian of the livestock animal. A copy of the signed agreement shall be provided to the owner or custodian of the livestock animal. A violation of the custody agreement may result in the seizure of the livestock animal.

(4) Any equipment, device, or other property or things involved in a violation of section 54-903 or 54-904 shall be subject to seizure, and distribution or disposition may be made in such manner as the court may direct. Any livestock animal involved in a violation of section 54-903 or 54-904 shall be subject to seizure. Distribution or disposition shall be made under section 54-913 as the court may direct. Any livestock animal seized under this subsection may be kept by the law enforcement officer on the property of the owner or custodian of such livestock animal.

(5) A law enforcement officer may euthanize or cause a livestock animal seized or kept pursuant to this section to be euthanized if the animal is severely emaciated, injured, disabled, or diseased past recovery for any useful purpose. The law enforcement officer shall notify the owner or custodian prior to the euthanasia if practicable under the circumstances. An owner or custodian may request that a veterinarian of the owner's or custodian's choosing view the livestock animal and be present upon examination of the livestock animal, and no livestock animal shall be euthanized without reasonable accommodation to provide for the presence of the owner's or custodian's veterinarian when requested. However, attempted notification of the owner or custodian or the presence of the owner's or custodian's veterinarian shall not unduly delay euthanasia when necessary. The law enforcement officer may forgo euthanasia if the care of the livestock animal is placed with the owner's or custodian's veterinarian.

(6) A law enforcement officer acting under this section shall not be liable for damage to property if such damage is not the result of the officer's negligence.

Laws 2010, LB865, § 6;

Laws 2013, LB423, § 8.
Neb. Rev. Stat. § 4-112 — NE Code / Chapter 4 / Section 4-112
View Statute 4-112
Status: in_force

For any applicant who is not a United States citizen but who has attested that such applicant is lawfully present in the United States as provided in section 4-111 , eligibility for public benefits shall be verified through the Systematic Alien Verification for Entitlements Program operated by the United States Department of Homeland Security or an equivalent program designated by the United States Department of Homeland Security. Until such verification of eligibility is made, such attestation may be presumed to be proof of lawful presence for purposes of sections 4-108 to 4-113 unless such verification is required before providing the public benefit under another provision of state or federal law.

Laws 2009, LB403, § 5;

Laws 2016, LB947, § 2;

Laws 2024, LB198, § 3.
Neb. Rev. Stat. § 13-1416 — NE Code / Chapter 18 / Section 13-1416
13-1416
Status: in_force

Whenever the dock board shall deem it necessary or advisable to issue bonds for the purpose of constructing any of the works or improvements herein authorized, or purchasing property for said purpose or maintaining or operating the same, the board shall petition the county board or the governing body of such municipality, as the case may be, to issue such bonds stating the purpose for which the bonds are requested. Thereupon the county board or the governing body may, in its discretion, issue revenue bonds of such county or municipality, the principal and interest of which shall be payable solely out of revenue to be derived from tolls and other charges and receipts from the use and operation of the docks and other property. The county or city shall incur no indebtedness of any kind or nature upon the issuance of such bonds, and they shall so recite, and to support the use and operation of the docks and other property the county or city shall not pledge its credit nor its taxing power nor any part thereof. The proceeds of the bonds when issued shall be paid to the treasurer of such county or municipality, as the case may be, and credited to the dock fund.

Laws 1937, c. 37, § 3, p. 173;

C.S.Supp.,1941, § 18-2003;

R.S.1943, § 18-715;

Laws 1967, c. 84, § 13, p. 267;

R.S.1943, (1983), § 18-715.
Neb. Rev. Stat. § 60-463.02 — NE Code / Chapter 60 / Section 60-463.02
View Statute 60-463.02
Status: in_force

Autocycle means any motor vehicle (1) having a seat that does not require the operator to straddle or sit astride it, (2) designed to travel on three wheels in contact with the ground, (3) having antilock brakes, (4) designed to be controlled with a steering wheel and pedals, and (5) in which the operator and passenger ride either side by side or in tandem in a seating area that is equipped with a manufacturer-installed three-point safety belt system for each occupant and that has a seating area that either (a) is completely enclosed and is equipped with manufacturer-installed airbags and a manufacturer-installed roll cage or (b) is not completely enclosed and is equipped with a manufacturer-installed rollover protection system.

Laws 2015, LB231, § 21;

Laws 2018, LB909, § 75.
Neb. Rev. Stat. § 39-2612 — NE Code / Chapter 39 / Section 39-2612
View Statute 39-2612
Status: in_force

Any person who shall be found in violation of section 39-2603 shall be guilty of a Class II misdemeanor. Each day's violation shall constitute a separate offense.

Laws 1971, LB 398, § 12;

Laws 1977, LB 40, § 220.