FrankGoortani/open-us-law huggingface dataset:
Neb. Rev. Stat. § 50-1216 — NE Code / Chapter 50 / Section 50-1216
View Statute 50-1216
Status: in_force

(1) At the request of the Legislative Auditor, and after receiving prior approval by a majority vote of the Executive Board of the Legislative Council, the committee may issue subpoenas in connection with a performance audit being conducted by the office to compel the production of records and information and sworn testimony or other evidence relevant to such performance audit. The committee shall vote to determine whether to issue a subpoena within ten days after receipt of the request.

(2) When authorized to issue subpoenas under this section, the committee may require any employees of any agency to provide the records or information requested within thirty days after the request, except as otherwise provided for in the subpoena, or to appear at a hearing on the date set in the subpoena.

(3) Litigation to compel or quash compliance with the authority exercised pursuant to this section shall be advanced on the trial docket and heard and decided by the court as quickly as possible. The court shall issue its decision no later than twenty days after the filing of the application or petition or a motion to quash, whichever is filed first. Either party may appeal to the Court of Appeals within ten days after a decision is rendered.

(4) The district court of Lancaster County has jurisdiction over all litigation arising under this section. In all such litigation, the executive board shall provide for legal representation for the committee.

(5) In case of disobedience on the part of any employees of any agency to comply with any subpoena issued pursuant to this section, the committee shall vote on whether to find the person in contempt or to find that the failure to comply was not willful.

(6) If the committee finds a person in contempt as provided in subsection (5) of this section, the committee may, by application or petition to the district court of Lancaster County, request that the court compel obedience by proceedings for contempt as in the case of disobedience of the requirements of a subpoena issued from such court. The application or petition shall be filed by the chairperson of the committee.

(7) A person required to provide information under this section shall be paid the same fees and travel allowances and shall be accorded the same privileges and immunities as are extended to witnesses in the district courts of this state and shall also be entitled to have counsel present while being questioned. Consistent with the Nebraska Rules of Professional Conduct, counsel for the agency that is the subject of the performance audit shall not represent a witness. A witness may request that agency counsel be present while being questioned, but the agency shall not require a witness to make such a request. If such a request is made, the agency shall inform the witness that agency counsel does not represent the witness. Any fees associated with counsel present under this section shall not be the responsibility of the office or the Legislative Council.

Laws 2025, LB298, § 94.
Neb. Rev. Stat. § 19-4022 — NE Code / Chapter 19 / Section 19-4022
View Statute 19-4022
Status: in_force

The business improvement board shall consist of five or more members to serve such terms as the city council, by resolution, determines. The mayor, with the approval of the city council, shall fill any vacancy for the term vacated. A board member may serve more than one term. The board shall select from its members a chairperson and a secretary.

Laws 1979, LB 251, § 8;

Laws 2019, LB193, § 215.
Neb. Rev. Stat. § 45-908 — NE Code / Chapter 45 / Section 45-908
View Statute 45-908
Status: in_force

The director shall issue a license to an applicant, if, after public hearing and any investigation of the applicant, the director determines that:

(1) The experience, character, and general fitness of the applicant and its officers, directors, shareholders, partners, or members are such as to warrant the belief that the applicant will conduct the delayed deposit services business honestly, fairly, and efficiently;

(2) The applicant and its officers, directors, shareholders, partners, or members have not been convicted of a felony in this state or any other jurisdiction which would indicate moral turpitude on the part of the applicant;

(3) The applicant is financially responsible and will conduct the delayed deposit services business pursuant to the Delayed Deposit Services Licensing Act; and

(4) The applicant has assets of at least twenty-five thousand dollars available for operating the delayed deposit services business.

Laws 1994, LB 967, § 8.
Neb. Rev. Stat. § 39-1601 — NE Code / Chapter 39 / Section 39-1601
View Statute 39-1601
Status: in_force

(1) Whenever a petition, (a) containing a definite description of the territory to be embraced, (b) designating the name of the proposed district, and (c) signed by ten percent of the landowners within the limits of a proposed road improvement district is presented and filed with the county board of the county in which the greater portion of the area of the proposed district is located, the county board of any such county shall cause the question to be submitted to the legal voters of such proposed road improvement district as provided in section 39-1605 . If fifty-five percent of those voting on the question are in favor of the proposition, the district shall be organized. No lands included within any municipal corporation shall be included in any road improvement district.

(2) Any road improvement district can be dissolved, if there are no outstanding debts, by the board of trustees of any such district, on its own motion or on the request in writing of ten electors, submitting at a special election, after due notice by publication in the manner provided for in subsection (1) of section 39-1604 , the question of dissolution of the road improvement district. The special election shall be conducted by mail as provided in sections 32-953 to 32-959 . If fifty-one percent of the votes cast on the question at such election are in favor of such dissolution, the board of trustees shall cause a record of such election and the vote thereon to be made in the office of the county clerk in the county in which the election was held to create the district, and the district shall thereupon stand dissolved. An election shall not be required for the dissolution of the district if a petition requesting the district be dissolved, signed by fifty percent of the owners of property located within the district, is presented to the county board of the county. The county board shall determine the sufficiency of the petition and dissolve the district by an order of such board.

(3) In case a district is dissolved pursuant to this section, the funds on hand or to be collected shall be held by the county treasurer in a separate fund, and the trustees of the district shall petition the district court of the county in which the election to form the district was held, for an order approving the distribution of funds to the landowners or easement owners as a dividend on the same basis as collected.

Laws 1957, c. 155, art. III, § 1, p. 523;

Laws 2007, LB248, § 1.
Neb. Rev. Stat. § 49-503 — NE Code / Chapter 49 / Section 49-503
View Statute 49-503
Status: in_force

The county clerk of each county shall make a requisition upon the Secretary of State for copies of the session laws and the journal of the Legislature for the use of the county of which he or she is clerk. The county clerk shall make the requisition for session laws based on the classification of the county by population as provided in section 23-1114.01 . A Class 1 county may request a maximum of three sets, a Class 2 county may request a maximum of five sets, a Class 3 county may request a maximum of seven sets, a Class 4 county may request a maximum of ten sets, a Class 5 county may request a maximum of twelve sets, a Class 6 county may request a maximum of twenty sets, and a Class 7 county may request a maximum of twenty-five sets. The county clerk shall make a requisition for less than the maximum amount authorized if he or she finds that a lesser amount is sufficient for the needs of the county. The county clerk shall make a requisition for one copy of the journal of the Legislature. The Secretary of State shall forward the session laws and journal to each county by the most expeditious and economic means and in print or electronic format as he or she determines, upon recommendation by the Clerk of the Legislature and approval of the Executive Board of the Legislative Council.

Laws 1907, c. 78, § 2, p. 289;

R.S.1913, § 3735;

C.S.1922, § 3128;

C.S.1929, § 49-503;

R.S.1943, § 49-503;

Laws 1987, LB 572, § 1;

Laws 2000, LB 534, § 2.
Neb. Rev. Stat. § 46-1240.06 — NE Code / Chapter 46 / Section 46-1240.06
View Statute 46-1240.06
Status: in_force

(1) The department may grant a variance from any rule, regulation, or standard adopted and promulgated by the department relating to the construction of water wells upon proof by a licensed water well contractor or owner of a proposed water well satisfactory to the department that the enforcement of the rule, regulation, or standard would create an unreasonable hardship or be unreasonable, impractical, or not feasible under the circumstances. A variance may be under such terms and conditions and for such time as the department may prescribe. The terms and conditions of a variance may include testing, monitoring, reporting, and additional construction or installation requirements.

(2) A variance shall be limited to the construction of a water well to replace an existing water well.

(3) Any person who owns or operates a water well in violation of the terms and conditions of a variance may be enjoined from continuing such activities. The injunction may include an order to properly decommission the water well.

Laws 1993, LB 131, § 61;

Laws 1994, LB 981, § 21.
Neb. Rev. Stat. § 32-543 — NE Code / Chapter 32 / Section 32-543
View Statute 32-543
Status: in_force

(1) If a caucus is held for nominations under section 79-549 for a Class I, II, or III school district, the board of education shall consist of six members to be elected by the registered voters of the school district at the statewide primary election. Two members shall be elected at each election for a term of six years. The members shall meet the qualifications found in section 79-543 .

(2) Except as provided in subsection (1) of this section, members of the board of education of a Class I, II, or III school district shall be nominated at the statewide primary election and elected at the statewide general election. The board of education of a Class I, II, or III school district shall have no fewer than five members and no more than nine members as provided in section 79-549 or 79-550 , and the members shall be nominated and elected at large or by district or ward as provided in section 32-554 or nominated by district or ward and elected at large as provided in section 79-550 . The number of members to be nominated at the statewide primary election and elected at the statewide general election and the terms for which they will be nominated and elected shall be determined by the election commissioner or county clerk with the aid of the elected secretary of the board of education of the district. The terms of office of members of such board shall expire on the first Thursday after the first Tuesday in January. Terms shall be staggered so that approximately one-half of the members are elected to the board at each general election for terms of four years. When it becomes necessary to establish the staggering of terms by electing members for terms of different duration at the same election, candidates receiving the greatest number of votes shall be elected for the longest terms. The members shall meet the qualifications found in section 79-543 .

Laws 1994, LB 76, § 139;

Laws 1996, LB 900, § 1042;

Laws 1997, LB 595, § 1;

Laws 1997, LB 764, § 48;

Laws 2006, LB 1024, § 4;

Laws 2014, LB946, § 9;

Laws 2024, LB1329, § 5.
Neb. Rev. Stat. § 46-189 — NE Code / Chapter 46 / Section 46-189
View Statute 46-189
Status: in_force

All suits at law or equity brought for the purpose of collecting such evidences of indebtedness, shall be brought in the name of such district by counsel employed by the district board; and in case the board shall be disorganized, such employment shall be by the board of such county.

Laws 1903, c. 123, § 1, p. 628;

R.S.1913, § 3521;

C.S.1922, § 2921;

C.S.1929, § 46-166;

R.S.1943, § 46-189.
Neb. Rev. Stat. § 3-230 — NE Code / Chapter 3 / Section 3-230
View Statute 3-230
Status: in_force

For the purpose of providing funds for necessary expenditures in carrying out the provisions of sections 3-221 to 3-232 , a joint fund shall be created and maintained, into which each of the municipalities involved shall deposit its proportionate share as provided by the joint agreement. Such funds are to be provided by bond issues, tax levies and appropriations made by each municipality in the same manner as though it were acting separately under the authority of sections 3-201 to 3-238 and 18-1502 . The revenue obtained from the ownership, control and operation of the airports and other air navigation facilities jointly controlled shall be paid into such fund, to be expended as provided in section 3-214 . Revenue in excess of the cost of maintenance and operating expenses of the joint properties shall be divided as may be provided in the original agreement for the joint venture.

Laws 1945, c. 34, § 11(10), p. 168.
Neb. Rev. Stat. § 66-2210 — NE Code / Chapter 66 / Section 66-2210
View Statute 66-2210
Status: in_force

For purposes of the E-15 Access Standard Act, unless the context otherwise requires:

(1) Department means the Department of Agriculture;

(2) Director means the Director of Agriculture;

(3) E-15 access standard means the requirements described in subsections (1) and (2) of section 66-2211 ;

(4) E-15 gasoline means a classification of ethanol blended gasoline formulated with a percentage of more than ten percent but no more than fifteen percent by volume of ethanol;

(5) Ethanol has the same meaning as agricultural ethyl alcohol as defined in section 66-482 ;

(6) Motor fuel means all products and fuel commonly or commercially known as gasoline, including ethanol and the various ethanol and gasoline blends;

(7) Motor fuel dispenser means equipment that is the part of motor fuel storage and dispensing infrastructure that includes mechanical or electrical systems that operate a motor fuel pump dispensing motor fuel from a motor fuel storage tank to the end point of the equipment's nozzle;

(8) Motor fuel pump means the part of motor fuel storage and dispensing infrastructure that is a meter or similar commercial weighing and measuring device used to measure and dispense motor fuel originating from a motor fuel storage tank, on a retail basis;

(9)(a) Motor fuel storage and dispensing infrastructure means equipment used to:

(i) Store and dispense motor fuel; or

(ii) Store, blend, and dispense motor fuel.

(b) Motor fuel storage and dispensing infrastructure includes, but is not limited to, motor fuel storage tanks, motor fuel pumps, and motor fuel dispensers. Motor fuel storage and dispensing infrastructure does not include signage not located on the motor fuel dispenser or motor fuel pump;

(10) Motor fuel storage tank means the part of motor fuel storage and dispensing infrastructure that includes an aboveground or belowground container constituting a fixture used to store an accumulation of motor fuel;

(11) Nonqualifying motor fuel dispenser means:

(a) A dispenser that exclusively dispenses any of the following:

(i) Aviation fuel;

(ii) Diesel fuel;

(iii) Kerosene; or

(iv) Diesel exhaust fluid;

(b) A dispenser that is part of a tank vehicle as defined in section 60-4,131 that is not used to dispense motor fuel on the premises of the retail motor fuel site; or

(c) A dispenser that is part of a commercial marina;

(12) Qualifying motor fuel dispenser means a motor fuel dispenser that is capable of dispensing motor fuel at all times that it is in operation. The term does not include nonqualifying motor fuel dispensers;

(13) Retail dealer means a person engaged in the business of storing and dispensing motor fuel from a motor fuel pump for sale on a retail basis; and

(14) Retail motor fuel site means a geographic location in this state where a retail dealer sells and dispenses motor fuel on a retail basis.

Laws 2023, LB562, § 3;

Laws 2024, LB1095, § 1.
Neb. Rev. Stat. § 43-137 — NE Code / Chapter 43 / Section 43-137
View Statute 43-137
Status: in_force

If an adopted person twenty-five years of age or older, after following the procedures set forth in sections 43-130 and 43-131 is not able to obtain information about such person's relatives, such person may then contact the child placement agency which handled the adoption if the name of the agency has been given to the adopted person by the department. If it is not feasible for the adopted person to contact the agency, such person may contact the department.

Laws 1980, LB 992, § 19;

Laws 1997, LB 307, § 34;

Laws 2007, LB296, § 82.
Neb. Rev. Stat. § 58-707 — NE Code / Chapter 58 / Section 58-707
View Statute 58-707
Status: in_force

Organizations which may receive assistance under the Nebraska Affordable Housing Act are governmental subdivisions, local housing authorities, community action agencies, community-based or neighborhood-based or reservation-based nonprofit organizations, and for-profit entities working in conjunction with one of the other eligible organizations. For-profit entities that are eligible under this section shall be required to provide, or cause to be provided, matching funds for the eligible activity in an amount determined by the Department of Economic Development, which amount shall be at least equal to ten percent of the amount of assistance provided by the Affordable Housing Trust Fund. Political subdivisions, local housing authorities, community action agencies, and community-based, neighborhood-based, and reservation-based nonprofit organizations shall not be required to provide, or cause to be provided, such matching funds. Nothing in the act shall be construed to allow individuals to receive direct loans from the Affordable Housing Trust Fund.

Laws 1996, LB 1322, § 17;

Laws 1997, LB 864, § 10;

Laws 2019, LB86, § 7.
Neb. Rev. Stat. § 48-803 — NE Code / Chapter 48 / Section 48-803
View Statute 48-803
Status: in_force

In order to carry out the public policy of the State of Nebraska as set forth in section 48-802 , there is hereby created an industrial commission to be known as the Commission of Industrial Relations.

Laws 1947, c. 178, § 3, p. 588;

Laws 1979, LB 444, § 1.
Neb. Rev. Stat. § 70-629 — NE Code / Chapter 70 / Section 70-629
View Statute 70-629
Status: in_force

Except for the authority to make assessments granted by section 70-667 to districts organized under or subject to Chapter 70, article 6, the district shall have no power of taxation, and no governmental authority shall have the power to levy or collect taxes for the purpose of paying, in whole or in part, any indebtedness or obligation of or incurred by the district or upon which the district may be or become in any manner liable.

Laws 1933, c. 86, § 8, p. 350;

C.S.Supp.,1941, § 70-708;

R.S.1943, § 70-629;

Laws 1971, LB 626, § 1;

Laws 1981, LB 181, § 20.

Power of taxation is denied to public power districts. Platte Valley P. P. & I. Dist. v. County of Lincoln, 144 Neb. 584, 14 N.W.2d 202 (1944).

Power of taxation is denied to public power districts. Platte Valley P. P. & I. Dist. v. County of Lincoln, 144 Neb. 584, 14 N.W.2d 202 (1944).
Neb. Rev. Stat. § 38-509 — NE Code / Chapter 38 / Section 38-509
View Statute 38-509
Status: in_force

Speech-language pathologist means an individual who presents himself or herself to the public by any title or description of services incorporating the words speech-language pathologist, speech therapist, speech correctionist, speech clinician, language pathologist, language therapist, language clinician, logopedist, communicologist, aphasiologist, aphasia therapist, voice pathologist, voice therapist, voice clinician, phoniatrist, or any similar title, term, or description of services.

Laws 2007, LB463, § 194.
Neb. Rev. Stat. § 21-2980 — NE Code / Chapter 21 / Section 21-2980
View Statute 21-2980
Status: in_force

(1) Subject to subsection (2) of this section, the articles of organization or bylaws shall provide for the allocation of net proceeds, savings, margins, profits, and losses between classes or groups of members.

(2)(a) Unless the articles of organization or bylaws otherwise provide, patron members shall be allocated at least fifty percent of the net proceeds, savings, margins, profits, and losses in any fiscal year. The articles of organization or bylaws shall not reduce the percentage allocated to patron members to less than fifteen percent of the net proceeds.

(b) For purposes of this subsection, the following rules apply:

(i) Amounts paid or due on contracts for the delivery to the association by patron members of products, goods, or services are not considered amounts allocated to patron members; and

(ii) Amounts paid, due, or allocated to investor members as a stated, fixed return on equity are not considered amounts allocated to investor members.

(3) Unless otherwise provided in the articles of organization or bylaws, in order to determine the amount of net proceeds, savings, margins, and profits, the board of directors may set aside a portion of the revenue, whether or not allocated to members, after accounting for other expenses, for purposes of:

(a) Creating or accumulating a capital reserve; and

(b) Creating or accumulating reserves for specific purposes, including expansion and replacement of capital assets and other necessary business purposes.

(4) Subject to subsection (5) of this section and the articles of organization or bylaws, the board of directors shall allocate the amount remaining after the allocations under subsections (1) through (3) of this section:

(a) To patron members annually in accordance with the ratio of each member's patronage during the period to total patronage of all patron members during the period; and

(b) To investor members, if any, in accordance with the ratio of each investor member's limited contribution to the total initial contribution of all investor members.

(5) For purposes of allocation of net proceeds, savings, margins, profits, and losses to patron members, the articles of organization or bylaws may establish allocation units based on function, division, district, department, allocation units, pooling arrangements, members' contributions, or other methods.

Laws 2007, LB368, § 80;

Laws 2008, LB848, § 20.
Neb. Rev. Stat. § 37-212 — NE Code / Chapter 37 / Section 37-212
View Statute 37-212
Status: in_force

Commercial exploitation means buying, selling, or bartering for economic or financial gain by any person, partnership, limited liability company, association, or corporation.

Laws 1998, LB 922, § 22.
Neb. Rev. Stat. § 13-403 — NE Code / Chapter 13 / Section 13-403
View Statute 13-403
Status: in_force

Notwithstanding any other provision of law, no political subdivision shall purchase, lease-purchase, or acquire for consideration real property having an estimated value of one hundred thousand dollars or more unless an appraisal of such property has been performed by a certified real property appraiser.

Laws 1994, LB 681, § 1;

Laws 2006, LB 778, § 3.