FrankGoortani/open-us-law huggingface dataset:
Neb. Rev. Stat. § 29-3913 — NE Code / Chapter 29 / Section 29-3913
29-3913
Status: in_force

The successor to the judicial district public defender initially appointed shall be elected at the next general election and shall take office at the same time as other elected state officers. The term of office of an elected judicial district public defender shall be four years. With the exception of being nominated and elected within their respective districts, candidates for such office shall be nominated and elected as nearly as may be practicable in the same manner as candidates for the office of Governor. Candidates for such office shall file with the Secretary of State as provided in section 32-607 and pay the filing fee provided in section 32-608 .

Laws 1969, c. 234, § 5, p. 864;

R.S.1943, (1989), § 29-1805.05;

Laws 1990, LB 822, § 31;

Laws 1994, LB 76, § 550.
Neb. Rev. Stat. § 57-1413 — NE Code / Chapter 57 / Section 57-1413
View Statute 57-1413
Status: in_force

The commission shall not withhold any documents or records relating to a major oil pipeline from the public unless the documents or records are of the type that can be withheld under section 84-712.05 or unless federal law provides otherwise.

Laws 2012, LB1161, § 3.
Neb. Rev. Stat. § 29-4118 — NE Code / Chapter 29 / Section 29-4118
View Statute 29-4118
Status: in_force

The Legislature finds and declares:

(1) Over the past decade, DNA testing has emerged as the most reliable forensic technique for identifying persons when biological material is found at a crime scene or transferred from the victim to the person responsible and transported from the crime scene;

(2) Because of its scientific precision and reliability, DNA testing can, in some cases, conclusively establish the guilt or innocence of a criminal defendant. In other cases, DNA may not conclusively establish guilt or innocence but may have significant probative value to a finder of fact;

(3) While DNA testing is increasingly commonplace in pretrial investigations currently, it was not widely available in cases prior to 1994. Moreover, new forensic DNA testing procedures, such as polymerase chain reaction amplification, DNA short tandem repeat analysis, and mitochondrial DNA analysis, make it possible to obtain results from minute samples that previously could not be tested and to obtain more informative and accurate results than earlier forms of forensic DNA testing could produce. As a result, in some cases, convicted inmates have been exonerated by new DNA tests after earlier tests had failed to produce definitive results;

(4) Because DNA testing is often feasible on relevant biological material that is decades old, it can in some circumstances prove that a conviction which predated the development of DNA testing was based upon incorrect factual findings. DNA evidence produced even decades after a conviction can provide a more reliable basis for establishing a correct verdict than any evidence proffered at the original trial. DNA testing, therefor, can and has resulted in postconviction exoneration of innocent men and women;

(5) In the past decade, there have been multiple postconviction exonerations in the United States and Canada based upon DNA testing. In addition, a disturbing number of persons sentenced to death have been exonerated through postconviction DNA testing, some of these exonerations coming within days of their execution date;

(6) DNA testing responds to serious concerns regarding wrongful convictions, especially those arising out of mistaken eyewitness identification testimony; and

(7) There is a compelling need to ensure the preservation of biological material for postconviction DNA testing, for a limited period.

Laws 2001, LB 659, § 3.

The DNA Testing Act was not intended to be an alternative vehicle for raising claims of ineffective assistance of counsel. State v. Haas, 279 Neb. 812, 782 N.W.2d 584 (2010).

The DNA Testing Act was not intended to be an alternative vehicle for raising claims of ineffective assistance of counsel. State v. Haas, 279 Neb. 812, 782 N.W.2d 584 (2010).
Neb. Rev. Stat. § 39-1633 — NE Code / Chapter 39 / Section 39-1633
View Statute 39-1633
Status: in_force

The district may enter into agreements with the State of Nebraska, the federal government, or the county or counties in which the district is located, whereby certain portions of the costs will be assumed and paid by any or all of such agencies and such payments or contributions shall be applied by the board of trustees to reduce such costs and assessments to the property owners of the district.

Laws 1957, c. 155, art. III, § 33, p. 539.
Neb. Rev. Stat. § 9-204.02 — NE Code / Chapter 9 / Section 9-204.02
View Statute 9-204.02
Status: in_force

Bingo chairperson shall mean one individual member of a licensed organization who is designated as responsible for overseeing the organization's bingo activities.

Laws 1994, LB 694, § 8.
Neb. Rev. Stat. § 29-1107 — NE Code / Chapter 29 / Section 29-1107
View Statute 29-1107
Status: in_force

The court may direct that a forfeiture of the recognizance be set aside, upon such conditions as the court may impose, if it appears that justice does not require the enforcement of the forfeiture.

Laws 1953, c. 88, § 2, p. 259.

District court has authority to remit a part or all the penalty of a bail bond in its discretion, to be exercised as to what is right and equitable under circumstances of the individual case. State v. Kennedy, 193 Neb. 472, 227 N.W.2d 607 (1975).

District court has authority to remit a part or all the penalty of a bail bond in its discretion, to be exercised as to what is right and equitable under circumstances of the individual case. State v. Kennedy, 193 Neb. 472, 227 N.W.2d 607 (1975).

Discretion rests in district court to remit all or any part of forfeited bail bond. State v. Reed, 178 Neb. 370, 133 N.W.2d 591 (1965).

Discretion rests in district court to remit all or any part of forfeited bail bond. State v. Reed, 178 Neb. 370, 133 N.W.2d 591 (1965).

Action under this section is to be measured in the light of the requirements of justice. State v. Seaton, 170 Neb. 687, 103 N.W.2d 833 (1960).

Action under this section is to be measured in the light of the requirements of justice. State v. Seaton, 170 Neb. 687, 103 N.W.2d 833 (1960).

Court may direct that forfeiture of recognizance be set aside. State v. Konvalin, 165 Neb. 499, 86 N.W.2d 361 (1957).

Court may direct that forfeiture of recognizance be set aside. State v. Konvalin, 165 Neb. 499, 86 N.W.2d 361 (1957).
Neb. Rev. Stat. § 50-116 — NE Code / Chapter 50 / Section 50-116
View Statute 50-116
Status: in_force

It shall be the duty of the sergeant at arms to enforce the attendance of absent members, when directed properly so to do; to arrest all members or other persons, when lawfully authorized so to do; to keep and preserve order during the sessions of the Legislature; to convey to the post office the mail matter sent by the respective members, and to receive from such office the mail matter for such members, and to deliver the same to them on each morning of the session; to obey and enforce the orders of the presiding officers of the Legislature; and to do and perform such other duties as may be enjoined on him by law and the Legislature. It shall also be the duty of the sergeant at arms to procure a banner of the State of Nebraska, as described in section 90-102 , and to place the same on top of the State Capitol building, there to be kept during the time the Legislature shall be in session. The colors of the banner shall be fast colors and the cloth shall be of substantial material. The banner shall be so arranged on the staff or pole that it may be raised or lowered with ease.

Laws 1867, § 4, p. 85;

R.S.1913, § 3755;

C.S.1922, § 3148;

C.S.1929, § 50-114;

Laws 1941, c. 101, § 1, p. 418;

C.S.Supp.,1941, § 50-114;

R.S.1943, § 50-116;

Laws 1963, c. 305, § 1, p. 901.
Neb. Rev. Stat. § 60-479 — NE Code / Chapter 60 / Section 60-479
View Statute 60-479
Status: in_force

Sections 60-479.01 to 60-4,111.01 , 60-4,113 , 60-4,114 , 60-4,115 to 60-4,118 , and 60-4,182 to 60-4,189 shall apply to any operator's license subject to the Motor Vehicle Operator's License Act.

Laws 1989, LB 285, § 29;

Laws 1993, LB 370, § 72;

Laws 1995, LB 467, § 7;

Laws 1997, LB 210, § 3;

Laws 1997, LB 256, § 5;

Laws 2001, LB 38, § 10;

Laws 2001, LB 574, § 2;

Laws 2003, LB 209, § 2;

Laws 2008, LB911, § 7;

Laws 2011, LB215, § 3;

Laws 2013, LB93, § 2;

Laws 2014, LB983, § 8;

Laws 2016, LB311, § 5.
Neb. Rev. Stat. § 21-1930 — NE Code / Chapter 21 / Section 21-1930
View Statute 21-1930
Status: in_force

(a) Except as provided in subsection (b) of this section, the validity of corporate action may not be challenged on the ground that the corporation lacks or lacked power to act.

(b) A corporation's power to act may be challenged in a proceeding against the corporation to enjoin an act when a third party has not acquired rights. The proceeding may be brought by the Attorney General, a director, or by a member or members in a derivative proceeding.

(c) A corporation's power to act may be challenged in a proceeding against an incumbent or former director, officer, employee, or agent of the corporation. The proceeding may be brought by a director, the corporation (directly, derivatively, or through a receiver, a trustee, or other legal representative), or in the case of a public benefit corporation, by the Attorney General.

Laws 1996, LB 681, § 30.
Neb. Rev. Stat. § 60-1509 — NE Code / Chapter 60 / Section 60-1509
View Statute 60-1509
Status: in_force

(1) The Department of Motor Vehicles shall build and maintain a new operator's license services system for the issuance of operators' licenses and state identification cards. The Director of Motor Vehicles shall designate an implementation date for the new system which date is on or before July 1, 2032.

(2) The Operator's License Services System Replacement and Maintenance Fund is created. The fund shall consist of amounts credited under section 60-483 . The fund shall be used for the building, implementation, and maintenance of a new operator's license services system for the issuance of operators' licenses and state identification cards.

(3) Any money in the Operator's License Services System Replacement and Maintenance 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. Beginning October 1, 2024, any investment earnings from investment of money in the fund shall be credited to the General Fund.

Laws 2021, LB106, § 2;

Laws 2024, First Spec. Sess., LB3, § 20;

Laws 2025, LB398, § 53.

Nebraska Capital Expansion Act, see section 72-1269 .

Nebraska State Funds Investment Act, see section 72-1260 .
Neb. Rev. Stat. § 53-167.02 — NE Code / Chapter 53 / Section 53-167.02
View Statute 53-167.02
Status: in_force

(1) When any person licensed to sell alcoholic liquor at retail sells alcohol for consumption off the premises in a container with a liquid capacity of five or more gallons or eighteen and ninety-two hundredths or more liters, the seller shall record the date of the sale, the keg identification number, the purchaser's name and address, and the number of the purchaser's motor vehicle operator's license, state identification card, tribal enrollment card as defined in section 28-1202.03 , or military identification, if such military identification contains a picture of the purchaser, together with the purchaser's signature. Such record shall be on a form prescribed by the commission and shall be kept by the licensee at the retail establishment where the purchase was made for not less than six months.

(2) The commission shall adopt and promulgate rules and regulations which require the licensee to place a label on the alcohol container, which label shall at least contain a keg identification number and shall be on a form prescribed by the commission. Such label shall be placed on the keg at the time of retail sale. The licensee shall purchase the forms referred to in this section from the commission. The cost incurred to produce and distribute such forms shall be reasonable and shall not exceed the reasonable and necessary costs of producing and distributing the forms. Any money collected by the commission relating to the sale of such forms shall be credited to the Nebraska Liquor Control Commission Rule and Regulation Cash Fund.

(3) The keg identification number for each container shall be registered with the commission. The records kept pursuant to this section shall be available for inspection by any law enforcement officer during normal business hours or at any other reasonable time. Any person violating this section shall, upon conviction, be guilty of a Class III misdemeanor.

Laws 1993, LB 332, § 3;

Laws 2015, LB330, § 23;

Laws 2024, LB1288, § 2.
Neb. Rev. Stat. § 29-509 — NE Code / Chapter 29 / Section 29-509
View Statute 29-509
Status: in_force

It shall be the duty of every magistrate in criminal proceedings to keep a docket thereof as in civil cases. All recognizances taken under section 29-506 or 29-507 , together with a transcript of the proceedings, where the defendant is held to answer, shall be certified and returned forthwith to the clerk of the court at which the prisoner is to appear. The transcript shall contain an accurate bill of all the costs that have accrued, and the items composing the same.

G.S.1873, c. 58, § 306, p. 794;

R.S.1913, § 8960;

C.S.1922, § 9984;

C.S.1929, § 29-509;

R.S.1943, § 29-509;

Laws 2007, LB214, § 3.

Jurisdiction of district court over accused, held for trial by examining magistrate, is not terminated by order quashing information. Dobrusky v. State, 140 Neb. 360, 299 N.W. 539 (1941).

Jurisdiction of district court over accused, held for trial by examining magistrate, is not terminated by order quashing information. Dobrusky v. State, 140 Neb. 360, 299 N.W. 539 (1941).
Neb. Rev. Stat. § 71-3418 — NE Code / Chapter 71 / Section 71-3418
View Statute 71-3418
Status: in_force

(1) The team coordinator selected under section 71-3416 shall (a) convene and lead meetings of the team and (b) ensure the team provides recommendations to prevent domestic abuse deaths.

(2) The team coordinator shall (a) gather, store, and distribute the necessary records and information for investigations made available to the team, (b) ensure timely notification of the team members of upcoming meetings, (c) ensure that all team reporting and data collection requirements are met, (d) oversee adherence to the review process established by the Domestic Abuse Death Review Act and the protocols developed by the team, and (e) perform such other duties as the team deems appropriate.

Laws 2022, LB741, § 43.
Neb. Rev. Stat. § 10-103 — NE Code / Chapter 10 / Section 10-103
View Statute 10-103
Status: in_force

On receipt of any funds by the state agent, it shall be the duty of such agent to notify the officer from whom received, of the receipt thereof; and immediately on the payment of such bonds or coupons for which funds were remitted, said coupons or bonds shall be canceled and returned to the officer from whom such funds were received.

Laws 1913, c. 15, § 4, p. 79;

R.S.1913, § 368;

C.S.1922, § 285;

C.S.1929, § 11-104;

R.S.1943, § 10-103.
Neb. Rev. Stat. § 54-508 — NE Code / Chapter 54 / Section 54-508
View Statute 54-508
Status: in_force

The department shall adopt and promulgate rules and regulations to carry out the Food Supply Animal Veterinary Incentive Program Act.

Laws 2008, LB1172, § 8.
Neb. Rev. Stat. § 48-115.02 — NE Code / Chapter 48 / Section 48-115.02
View Statute 48-115.02
Status: in_force

An employer who is a lessor of one or more commercial motor vehicles leased to a self-insured motor carrier, may agree with the self-insured motor carrier that benefits under the Nebraska Workers' Compensation Act with respect to personal injury or death to the driver or drivers employed by such lessor caused by accident or occupational disease arising out of and in the course of performing services for the self-insured motor carrier in connection with such lease shall be paid by the self-insured motor carrier in the same manner and to the same extent as benefits under the Nebraska Workers' Compensation Act are paid to or on behalf of employees of the self-insured motor carrier. To participate in an agreement under this section the motor carrier's principal place of business must be in this state and the motor carrier must be authorized to self-insure liability under the Nebraska Workers' Compensation Act.

Such an agreement shall (1) constitute compliance by such lessor with the requirements of section 48-145 with respect to such driver or drivers, but only insofar as liability for personal injury or death to the driver or drivers employed by such lessor caused by accident or occupational disease arising out of and in the course of performing services for such self-insured motor carrier in connection with such lease is concerned, (2) be enforceable against such self-insured motor carrier in the same manner and to the same extent as claims arising under the Nebraska Workers' Compensation Act by employees of such self-insured motor carrier, and (3) not be deemed to be a contract of insurance for purposes of Chapter 44. Section 48-111 shall apply to such lessor, the driver or drivers employed by such lessor, and the self-insured motor carrier with respect to personal injury or death caused to such driver or drivers by accident or occupational disease arising out of and in the course of performing services for such self-insured motor carrier in connection with such lease while such an agreement is effective.

Laws 1997, LB 474, § 3.
Neb. Rev. Stat. § 71-223.04 — NE Code / Chapter 71 / Section 71-223.04
View Statute 71-223.04
Status: in_force

Any person who desires to conduct any class or classes of instruction, other than a free demonstration, shall, before engaging in such instruction, make application to the Board of Barber Examiners for a temporary permit authorizing the applicant to conduct such class or classes. In order to be qualified for such temporary license, the applicant must (1) hold a valid license as a registered barber in some state in the United States; (2) have filed with the Board of Barber Examiners an application setting forth the type of classes to be conducted, the period of time the classes will be conducted, the place in which such classes are to be conducted, and the amount of tuition, if any, to be charged; and (3) pay the fee set by the board for issuance of a temporary permit. Upon being satisfied that the applicant does hold a valid license as a barber in some state in the United States, is qualified to conduct such classes, and has made arrangements to conduct such classes in facilities which otherwise meet the requirements as to health and sanitation required of a barber school in the State of Nebraska, the board shall issue a temporary license to such applicant to permit the conducting of such classes. The license shall be valid only for the classes and times set forth in the application. Before such application is delivered to an applicant other than a barber or barber school or college currently licensed in Nebraska, the applicant must post with the Board of Barber Examiners a good and sufficient surety bond, issued by a reputable bonding company licensed to do business in the State of Nebraska, for the benefit of the persons taking such class or classes in a sufficient amount to assure to such students a refund of any portion of their tuition paid but not used, in the event that such class or classes shall discontinue operation for any reason prior to the time that all of such classes have been conducted.

Laws 1971, LB 1020, § 29;

Laws 1978, LB 722, § 19.
Neb. Rev. Stat. § 43-146 — NE Code / Chapter 43 / Section 43-146
View Statute 43-146
Status: in_force

The forms provided by sections 43-132 , 43-134 , 43-143 , and 43-145 shall be notarized and filed with the department which shall keep such forms with all other records of an individual adopted person.

Laws 1980, LB 992, § 28;

Laws 1997, LB 307, § 43;

Laws 2007, LB296, § 91.
Neb. Rev. Stat. § 9-613 — NE Code / Chapter 9 / Section 9-613
View Statute 9-613
Status: in_force

Lottery equipment shall mean all proprietary devices, machines, and parts used in the manufacture or maintenance of equipment which is used in and is an integral part of the conduct of any lottery activity authorized or regulated under the Nebraska County and City Lottery Act.

Laws 1989, LB 767, § 54.
Neb. Rev. Stat. § 71-3437 — NE Code / Chapter 71 / Section 71-3437
View Statute 71-3437
Status: in_force

The department may adopt and promulgate such rules and regulations as are necessary to carry out the Overdose Fatality Review Teams Act.

Laws 2023, LB227, § 94.
Neb. Rev. Stat. § 13-702 — NE Code / Chapter 23 / Section 13-702
13-702
Status: in_force

As used in sections 13-701 to 13-706 , and unless otherwise clearly required by the context, the following terms have the respective meanings and connotations shown:

(1) An attack means any action or series of actions by an enemy of the United States, causing, or which may cause, substantial injury or damage to civilian persons or property in the United States in any manner, whether by sabotage, or by the use of bombs, missiles, or shellfire, or by atomic, radiological, chemical, bacteriological, or biological means, or by other weapons or processes;

(2) The term political subdivisions includes counties, townships, cities, villages, districts, authorities, and other public corporations and entities, whether organized and existing under direct provisions of the Constitution of Nebraska or statutes of this state, or by virtue of charters or other corporate articles or instruments executed under authority of such Constitution or laws; and

(3) The term seat of local government, when applied to a political subdivision, usually means the place fixed by law, charter, etc., as the situs of its separate government; as, for example, the county seat of a county. But in any instance where the law, charter, etc., does not fix a specific place therefor, then the term seat of local government means the place at which the separate government of the subdivision usually is maintained in accordance with tradition or custom.

Laws 1959, c. 92, § 2, p. 402;

R.S.1943, (1983), § 23-2102.
Neb. Rev. Stat. § 30-4629 — NE Code / Chapter 30 / Section 30-4629
View Statute 30-4629
Status: in_force

A powerholder of a presently exercisable power of appointment may contract:

(1) not to exercise the power; or

(2) to exercise the power if the contract when made does not confer a benefit on an impermissible appointee.

Laws 2021, LB501, § 52.
Neb. Rev. Stat. § 59-1758 — NE Code / Chapter 59 / Section 59-1758
View Statute 59-1758
Status: in_force

(1) Any purchaser injured by a violation of the Seller-Assisted Marketing Plan Act or by the seller's breach of a contract subject to the act or of any obligation arising from the sale or lease of the seller-assisted marketing plan may bring an action for recovery of damages. Judgment shall be entered for actual damages suffered by the purchaser, plus reasonable attorney's fees and costs. When the purchaser is able to return all the equipment, supplies, or products delivered by the seller, the actual damages awarded shall not be less than the amount of the initial payment. When such complete return cannot be made, the actual damages awarded shall not be less than the amount of the initial payment less the fair market value at the time of delivery of the equipment, supplies, or products that cannot be returned but were actually delivered by the seller.

(2) Any action brought pursuant to this section shall be commenced within five years of the date of the sale of the seller-assisted marketing plan.

Laws 1979, LB 180, § 58;

Laws 1993, LB 218, § 25.