FrankGoortani/open-us-law huggingface dataset:
Neb. Rev. Stat. § 46-265 — NE Code / Chapter 46 / Section 46-265
View Statute 46-265
Status: in_force

The owner or owners of any irrigation ditch or canal shall carefully maintain the embankments thereof so as to prevent waste therefrom, and shall return the unused water from such ditch or canal with as little waste thereof as possible to the stream from which such water was taken, or to the Missouri River.

Laws 1919, c. 190, tit. VII, art. V, div. 3, § 20, p. 854;

C.S.1922, § 8470;

C.S.1929, § 46-620;

R.S.1943, § 46-265.

Diversion of water from one watershed to another is permissible under sections 46-206 and 46-265, R.R.S.1943, so long as the stream from which it is diverted is more than one hundred feet wide and the diversion is not contrary to the public interest. Little Blue N.R.D. v. Lower Platte North N.R.D., 206 Neb. 535, 294 N.W.2d 598 (1980).

Diversion of water from one watershed to another is permissible under sections 46-206 and 46-265, R.R.S.1943, so long as the stream from which it is diverted is more than one hundred feet wide and the diversion is not contrary to the public interest. Little Blue N.R.D. v. Lower Platte North N.R.D., 206 Neb. 535, 294 N.W.2d 598 (1980).

This section deals with the return to stream of unused water transported in irrigation ditches to prevent waste. Ainsworth Irr. Dist. v. Bejot, 170 Neb. 257, 102 N.W.2d 416 (1960).

This section deals with the return to stream of unused water transported in irrigation ditches to prevent waste. Ainsworth Irr. Dist. v. Bejot, 170 Neb. 257, 102 N.W.2d 416 (1960).

Unused irrigation water must be returned to natural stream. Kuhlmann v. Platte Valley Irr. Dist., 166 Neb. 493, 89 N.W.2d 768 (1958).

Unused irrigation water must be returned to natural stream. Kuhlmann v. Platte Valley Irr. Dist., 166 Neb. 493, 89 N.W.2d 768 (1958).

This and other sections limit the location and construction of irrigation canals and ditches, as well as the land irrigated by same, to the basin containing the source of the water used, and require that all unused waters shall be returned to the stream from which diverted. Osterman v. Central Nebraska Public Power & Irr. Dist., 131 Neb. 356, 268 N.W. 334 (1936).

This and other sections limit the location and construction of irrigation canals and ditches, as well as the land irrigated by same, to the basin containing the source of the water used, and require that all unused waters shall be returned to the stream from which diverted. Osterman v. Central Nebraska Public Power & Irr. Dist., 131 Neb. 356, 268 N.W. 334 (1936).

The right of an appropriator to recapture seepage waters is not impliedly denied by this section. United States v. Tilley, 124 F.2d 850 (8th Cir. 1941).

The right of an appropriator to recapture seepage waters is not impliedly denied by this section. United States v. Tilley, 124 F.2d 850 (8th Cir. 1941).
Neb. Rev. Stat. § 37-518 — NE Code / Chapter 37 / Section 37-518
View Statute 37-518
Status: in_force

It shall be unlawful for any person to aid or assist a person who is in violation of section 37-516 or 37-517 .

Laws 1978, LB 828, § 3;

Laws 1995, LB 274, § 5;

R.S.Supp.,1996, § 37-530;

Laws 1998, LB 922, § 238.
Neb. Rev. Stat. § 38-2136 — NE Code / Chapter 71 / Section 38-2136
38-2136
Status: in_force

No person who is licensed or certified pursuant to the Mental Health Practice Act or who holds a privilege to practice in Nebraska as a professional counselor under the Licensed Professional Counselors Interstate Compact shall disclose any information he or she may have acquired from any person consulting him or her in his or her professional capacity except:

(1) With the written consent of the person or, in the case of death or disability, of the person's personal representative, any other person authorized to sue on behalf of the person, or the beneficiary of an insurance policy on the person's life, health, or physical condition. When more than one person in a family receives therapy conjointly, each such family member who is legally competent to execute a waiver shall agree to the waiver referred to in this subdivision. Without such a waiver from each family member legally competent to execute a waiver, a practitioner shall not disclose information received from any family member who received therapy conjointly;

(2) As such privilege against disclosure is limited by the laws of the State of Nebraska or as the board may determine by rule and regulation;

(3) When the person waives the privilege against disclosure by bringing charges against the licensee;

(4) When there is a duty to warn under the limited circumstances set forth in section 38-2137 ; or

(5) When the disclosure of information is permitted under the Health Insurance Portability and Accountability Act of 1996, Public Law 104-191, or as otherwise permitted by law.

Laws 1993, LB 669, § 54;

Laws 1994, LB 1210, § 109;

Laws 1999, LB 828, § 150;

R.S.1943, (2003), § 71-1,335;

Laws 2007, LB247, § 46;

Laws 2007, LB463, § 753;

Laws 2022, LB752, § 18;

Laws 2023, LB50, § 20.

Licensed Professional Counselors Interstate Compact, see section 38-4201 .
Neb. Rev. Stat. § 71-604.01 — NE Code / Chapter 71 / Section 71-604.01
View Statute 71-604.01
Status: in_force

Upon receipt of a notarized affidavit from the physician that performed sex reassignment surgery on an individual born in this state and a certified copy of an order of a court of competent jurisdiction changing the name of such person, the department shall prepare a new certificate of birth in the new name and sex of such person in substantially the same form as that used for other live births. The evidence from which the new certificate is prepared and the original certificate of birth shall be available for inspection only upon the order of a court of competent jurisdiction.

Laws 1994, LB 886, § 4;

Laws 1996, LB 1044, § 515;

Laws 2007, LB296, § 404.
Neb. Rev. Stat. § 60-336 — NE Code / Chapter 60 / Section 60-336
View Statute 60-336
Status: in_force

Local truck means a truck and combinations of trucks, truck-tractors, or trailers operated solely within an incorporated city or village or within ten miles of the corporate limits of the city or village in which they are owned, operated, and registered.

Laws 2005, LB 274, § 36.
Neb. Rev. Stat. § 55-450 — NE Code / Chapter 55 / Section 55-450
View Statute 55-450
Status: in_force

Any person subject to this code who, knowing that an offense punishable by this code has been committed, receives, comforts, or assists the offender in order to hinder or prevent his apprehension, trial, or punishment shall be punished as a court-martial may direct.

Laws 1969, c. 458, § 50, p. 1574.
Neb. Rev. Stat. § 44-767 — NE Code / Chapter 44 / Section 44-767
View Statute 44-767
Status: in_force

Nothing in sections 44-709 to 44-767 shall apply to or affect (1) any policy of workers' compensation insurance or any policy of liability insurance with or without supplementary coverage therein, (2) any policy or contract of reinsurance, or (3) life insurance, endowment or annuity contracts, or contracts supplemental thereto which contain only such provisions relating to sickness and accident insurance as (a) provide additional benefits in case of death, dismemberment, or loss of sight by accident and (b) operate to safeguard such contracts against lapse, or to give a special surrender value or special benefit or annuity in the event that the insured or annuitant shall become totally and permanently disabled, as defined by the contract or supplemental contract. Sections 44-710.03 to 44-710.09 , 44-710.12 , and 44-710.16 shall not apply to those forms of sickness and accident policies enumerated in section 44-758 or sections 44-760 to 44-765 , except that no such policy shall contain any provision relative to notice or proof of loss, the time for paying benefits, or the time within which suit may be brought upon the policy, which in the opinion of the Director of Insurance is less favorable to the insured than would be permitted by the policy provisions set forth in sections 44-710.03 and 44-710.04 .

Laws 1947, c. 164, § 19, p. 471;

Laws 1957, c. 188, § 21, p. 660;

Laws 1969, c. 359, § 26, p. 1278;

Laws 1986, LB 811, § 18;

Laws 1989, LB 92, § 157.

In accordance with this section, a group health insurance policy may contain contractual limitations periods so long as they are not "less favorable to the insured than would be permitted" under section 44-710.03. Brodine v. Blue Cross Blue Shield, 272 Neb. 713, 724 N.W.2d 321 (2006).

In accordance with this section, a group health insurance policy may contain contractual limitations periods so long as they are not "less favorable to the insured than would be permitted" under section 44-710.03. Brodine v. Blue Cross Blue Shield, 272 Neb. 713, 724 N.W.2d 321 (2006).
Neb. Rev. Stat. § 52-1501 — NE Code / Chapter 54 / Section 52-1501
52-1501
Status: in_force

Every owner, lessee, agent or manager of any stallion, jack or bull shall have a lien upon any mare and her colt or upon any cow and her calf served by such stallion, jack or bull for the full amount of the reasonable or agreed value or price of such service. Every such owner, lessee, agent or manager of such stallion, jack or bull desiring to perfect a lien upon any mare and her colt, or upon any cow and her calf, shall at any time after breeding any such animal to any such male, file with the county clerk of the county a verified notice of lien describing such animal with reasonable certainty, giving the name of the owner and his place of residence if known, and the name and residence of the person having the possession of such animal, the location of such animal, the terms of payment for such service, the amount thereof, the name of the male, the date of service, and the time or event when the same shall become due and payable and such other matters as to make the same more certain. Thereafter such lienor shall have a first lien upon such animal or animals described therein, and their offspring as soon as the same may be born, subject, however, to the lien of record of any prior mortgage in good faith.

Laws 1913, c. 49, § 1, p. 155;

R.S.1913, § 90;

C.S.1922, § 98;

C.S.1929, § 54-202;

R.S.1943, § 54-202;

R.S.1943, (1984), § 54-202.
Neb. Rev. Stat. § 25-2004 — NE Code / Chapter 25 / Section 25-2004
View Statute 25-2004
Status: in_force

The court may first try and decide upon the grounds to vacate or modify a judgment or order, before trying or deciding upon the validity of the defense or cause of action.

R.S.1867, Code § 605, p. 501;

R.S.1913, § 8210;

C.S.1922, § 9163;

C.S.1929, § 20-2004;

R.S.1943, § 25-2004.

Court should not try out merits of controversy at same time it determines whether or not a valid cause of action or defense has been presented. Miller v. Schlereth, 151 Neb. 33, 36 N.W.2d 497 (1949).

Court should not try out merits of controversy at same time it determines whether or not a valid cause of action or defense has been presented. Miller v. Schlereth, 151 Neb. 33, 36 N.W.2d 497 (1949).

Attempt of county court to vacate judgment in civil action after term, without notice, was void. Stone v. Jensen, 118 Neb. 254, 224 N.W. 284 (1929).

Attempt of county court to vacate judgment in civil action after term, without notice, was void. Stone v. Jensen, 118 Neb. 254, 224 N.W. 284 (1929).

Court should hear evidence on petition to vacate before entry of order. Trimble & Blackman v. Corey & Son, 78 Neb. 639, 111 N.W. 376 (1907).

Court should hear evidence on petition to vacate before entry of order. Trimble & Blackman v. Corey & Son, 78 Neb. 639, 111 N.W. 376 (1907).

General finding is sufficient in absence of request for special findings. Anthony & Co. v. Karbach, 64 Neb. 509, 90 N.W. 243 (1902).

General finding is sufficient in absence of request for special findings. Anthony & Co. v. Karbach, 64 Neb. 509, 90 N.W. 243 (1902).

It is not necessary to tender an answer with a motion to vacate. Fisk v. Thorp, 60 Neb. 713, 84 N.W. 79 (1900).

It is not necessary to tender an answer with a motion to vacate. Fisk v. Thorp, 60 Neb. 713, 84 N.W. 79 (1900).
Neb. Rev. Stat. § 9-262.01 — NE Code / Chapter 9 / Section 9-262.01
View Statute 9-262.01
Status: in_force

(1) The Tax Commissioner or his or her agents or employees, at the direction of the Tax Commissioner, or any peace officer of this state may seize, without a warrant, the following contraband goods found any place in this state:

(a) Any bingo supplies and equipment which do not conform in all respects to specifications imposed by the Nebraska Bingo Act or any rules or regulations adopted and promulgated pursuant to the act;

(b) Any bingo equipment purchased by any licensed organization from any source other than a licensed distributor or as provided in section 9-241.05 ; and

(c) Any bingo equipment furnished, sold, or rented for use in a bingo occasion subject to regulation under the act without the proper licenses or approval.

(2) The Tax Commissioner may, upon satisfactory proof, direct return of any confiscated bingo supplies and equipment when he or she has reason to believe that the owner has not willfully or intentionally failed to comply with the act.

(3) The Tax Commissioner may, upon finding that an owner of contraband goods has willfully or intentionally failed to comply with the act, confiscate such goods. Any bingo supplies and equipment confiscated may be destroyed.

(4) The seizure and destruction of bingo supplies and equipment shall not relieve any person from a fine, imprisonment, or other penalty for violation of the act.

(5) The Tax Commissioner or his or her agents or employees, when directed to do so by the Tax Commissioner, or any peace officer of this state shall not be responsible for negligence in any court for the seizure or confiscation of any bingo supplies and equipment pursuant to this section.

Laws 1989, LB 767, § 25;

Laws 1994, LB 694, § 59.
Neb. Rev. Stat. § 39-1309.01 — NE Code / Chapter 39 / Section 39-1309.01
View Statute 39-1309.01
Status: in_force

The Director-State Engineer may waive the consideration of factors pursuant to section 39-1309 before a county road used as a temporary detour for the state highway system is designated as part of such state highway system. The director may designate a county road as part of the state highway system over which the department shall have responsibility, as soon as such road is deemed a temporary detour for the state highway system.

If such county road remains a detour road for the state highway system one year after it was initially designated a detour road, the Director-State Engineer shall consider the factors in section 39-1309 to determine whether such road shall continue as part of the state highway system. Upon a determination by the director that such road shall no longer be part of the state highway system, the director shall provide notice of such fact to the county board or the county's governing body having primary authority for such road.

Laws 1981, LB 285, § 4.
Neb. Rev. Stat. § 16-632 — NE Code / Chapter 16 / Section 16-632
View Statute 16-632
Status: in_force

In order to defray the costs and expenses of improvements in any improvement district in a city of the first class, the mayor and city council shall have power and authority to levy and collect special taxes and assessments upon the lots and pieces of ground adjacent to or abutting upon the street, avenue, alley, or sidewalk, thus in whole or in part improved or repaired or which may be specially benefited by such improvements. The provisions in this section shall not apply to ordinary repairs of streets or alleys, and the cost of such repairs shall be paid out of the road fund. The mayor and city council are authorized to draw warrants against such fund not to exceed eighty-five percent of the amount levied as soon as levy shall be made by the county board.

Laws 1901, c. 18, § 48, LV, p. 259;

Laws 1901, c. 19, § 4, p. 307;

Laws 1907, c. 13, § 1, p. 111;

R.S.1913, § 4926;

C.S.1922, § 4094;

Laws 1925, c. 50, § 8, p. 198;

C.S.1929, § 16-623;

R.S.1943, § 16-632;

Laws 1967, c. 67, § 12, p. 225;

Laws 2016, LB704, § 98;

Laws 2019, LB194, § 45.

An unplatted and nonsubdivided tract of land in a city of the first class may be subjected to assessment for special benefits. City of Scottsbluff v. Kennedy, 141 Neb. 728, 4 N.W.2d 878 (1942).

An unplatted and nonsubdivided tract of land in a city of the first class may be subjected to assessment for special benefits. City of Scottsbluff v. Kennedy, 141 Neb. 728, 4 N.W.2d 878 (1942).

Section refers to proceedings for the creation, opening, and improvements of streets by new construction work, and not to ordinary repairs. Hilger v. City of Nebraska City, 97 Neb. 268, 149 N.W. 807 (1914).

Section refers to proceedings for the creation, opening, and improvements of streets by new construction work, and not to ordinary repairs. Hilger v. City of Nebraska City, 97 Neb. 268, 149 N.W. 807 (1914).
Neb. Rev. Stat. § 39-1519 — NE Code / Chapter 39 / Section 39-1519
View Statute 39-1519
Status: in_force

The provisions of sections 39-1519 to 39-1527 shall relate only to those counties under the township organization not operating under a county road unit system as provided in sections 39-1513 to 39-1518 .

Laws 1957, c. 155, art. II, § 19, p. 521;

Laws 1959, c. 167, § 5, p. 610.

For other applicable provisions in township counties not having road unit system, see sections 23-228 and 23-265 .
Neb. Rev. Stat. § 38-2104.02 — NE Code / Chapter 38 / Section 38-2104.02
View Statute 38-2104.02
Status: in_force

(1) Art therapy means the integrative application of psychotherapeutic principles and methods with specialized training in strategic use of art media, the neurobiological implications of art-making, and art-based assessment models in the evaluation, assessment, and treatment of normal and abnormal cognitive, developmental, emotional, and behavioral disorders and conditions in individuals, families, and groups.

(2) Subject to subsection (3) of this section, art therapy includes, but is not limited to:

(a) Appraisal activities involving selecting, administering, and interpreting art-based appraisal tools and standard diagnostic instruments designed to assess levels of functioning, aptitudes, abilities, and personal characteristics to determine treatment plans and appropriate art-based interventions;

(b) Use of art media and the creative process to assess a client's inner fears, conflicts, and core issues with the goal of improving physical, cognitive, and emotional functioning and increasing self-awareness and self-esteem;

(c) Strategic application of therapeutic interventions in individual and group sessions to facilitate visual, nonverbal, and verbal receptive and expressive communication and engagement;

(d) Use of art-making and the verbal processing of produced imagery to help clients improve cognitive and sensory-motor functions and reduce symptoms of depression, anxiety, post-traumatic stress, and attachment disorders;

(e) Implementation of treatment plans to help clients resolve conflicts and distress, manage anger, cope with traumatic experience and grief, develop interpersonal skills, and improve educational performance, vocational performance, and social functioning;

(f) Adjustment of appraisal and evaluation techniques and treatments to address multicultural and diversity issues;

(g) Referral activities which evaluate data to identify clients or groups that may be better served by other specialists; and

(h) Provision of consultation, crisis intervention, client advocacy, and education services to clients.

(3) Nothing in this section shall be construed to authorize a certified art therapist to engage in the practice of clinical psychology as provided in section 38-3111 .

Laws 2024, LB605, § 7.
Neb. Rev. Stat. § 45-101.01 — NE Code / Chapter 45 / Section 45-101.01
View Statute 45-101.01
Status: in_force

This section enacted by 1963 Special Session as a part of Legislative Bill 11 was unconstitutional as special legislation. State Securities Co. v. Ley, 177 Neb. 251, 128 N.W.2d 766 (1964).

This section enacted by 1963 Special Session as a part of Legislative Bill 11 was unconstitutional as special legislation. State Securities Co. v. Ley, 177 Neb. 251, 128 N.W.2d 766 (1964).
Neb. Rev. Stat. § 21-267 — NE Code / Chapter 21 / Section 21-267
View Statute 21-267
Status: in_force

(MBCA 7.25) (a) Shares entitled to vote as a separate voting group may take action on a matter at a meeting only if a quorum of those shares exists with respect to that matter. Unless the articles of incorporation provide otherwise, a majority of the votes entitled to be cast on the matter by the voting group constitutes a quorum of that voting group for action on that matter.

(b) Once a share is represented for any purpose at a meeting, it is deemed present for quorum purposes for the remainder of the meeting and for any adjournment of that meeting unless a new record date is or must be set for that adjourned meeting.

(c) If a quorum exists, action on a matter, other than the election of directors, by a voting group is approved if the votes cast within the voting group favoring the action exceed the votes cast opposing the action, unless the articles of incorporation require a greater number of affirmative votes.

(d) An amendment of articles of incorporation adding, changing, or deleting a quorum or voting requirement for a voting group greater than specified in subsection (a) or (c) of this section is governed by section 21-269 .

(e) The election of directors is governed by section 21-270 .

(f) Whenever a provision of the Nebraska Model Business Corporation Act provides for voting of classes or series as separate voting groups, the rules provided in subsection (c) of section 21-2,153 for amendments of articles of incorporation apply to that provision.

Laws 2014, LB749, § 67.
Neb. Rev. Stat. § 28-633 — NE Code / Chapter 28 / Section 28-633
View Statute 28-633
Status: in_force

(1) A person that accepts a payment card for the transaction of business shall print no more than the last five digits of the payment card account number upon any receipt provided to the payment card holder.

(2) This section applies only to receipts that are electronically printed and does not apply to any transaction in which the only means of recording the payment card number is by handwriting or by an imprint or copy of the payment card.

(3) A violation of this section is a Class III misdemeanor for the first offense and a Class I misdemeanor for a second or subsequent offense.

(4)(a) This section becomes operative on January 1, 2004, with respect to any cash register or other machine or device that electronically prints receipts for payment card transactions and that is originally put into use on or after January 1, 2004.

(b) This section becomes operative on January 1, 2007, with respect to any cash register or other machine or device that electronically prints receipts for payment card transactions and that is originally put into use before January 1, 2004.

Laws 2002, LB 276, § 5.
Neb. Rev. Stat. § 77-3707 — NE Code / Chapter 60 / Section 77-3707
77-3707
Status: in_force

Every owner, lessee, or manager of land upon which are located or to be located two or more mobile homes shall obtain a permit therefor from the county treasurer upon payment of an annual fee of five dollars which shall be deposited in the county general fund. Such annual permit shall be renewed during January of each year. Application for such permit shall be made on forms prescribed and furnished by the Tax Commissioner. If the applicant is an individual, the application for a permit shall include the applicant's social security number.

Laws 1969, c. 516, § 14, p. 2126;

Laws 1977, LB 396, § 1;

R.S.1943, (1978), § 60-1609.01;

Laws 1981, LB 168, § 8;

Laws 1997, LB 752, § 215.