FrankGoortani/open-us-law huggingface dataset:
Neb. Rev. Stat. § 46-547 — NE Code / Chapter 46 / Section 46-547
View Statute 46-547
Status: in_force

The board at the time and place mentioned in the notice, or at such time or times to which the hearing of the petition may adjourn, shall proceed to hear the petition and objections thereto presented in writing by any person showing cause as aforesaid why the petition should not be granted. The failure of any person interested to show cause in writing, as aforesaid, shall be deemed and taken as an assent on his part to the granting of the petition. The board may at its discretion accept or reject the petition. If it deems it is for the best interest of the district that the petition be granted, it shall enter an order granting the petition and from and after such order the municipality shall be deemed to have acquired the water service as set forth in the order. If the petition is granted, the board shall determine the amount of money necessary to be raised by taxation from property within such municipality to pay the annual installments and a fair proportionate amount of estimated operating and maintenance charges for each succeeding year, as provided in the order granting the petition, and prepare a statement showing the tax rate to be applied to all property in such municipality, which rate shall be the rate fixed by resolution of the board modified to the extent necessary to produce from each such municipality only the amount of money apportioned thereto in the resolution, less any amount paid or undertaken to be paid by such municipality in cash or as credited thereto by payments from the general funds of such municipality. Upon receipt by the county board of each county, wherein such municipality is located, of a certified copy of such resolution showing the tax rate to be applied to all property in each municipality and showing the municipalities and the property which is exempt therefrom, if any, it shall be the duty of the county officers to levy and collect such tax in addition to such other tax as may be levied by such county board at the rate so fixed and determined.

Laws 1947, c. 173, § 16(3), p. 541;

Laws 1951, c. 151, § 4, p. 604.
Neb. Rev. Stat. § 39-1635.01 — NE Code / Chapter 39 / Section 39-1635.01
View Statute 39-1635.01
Status: in_force

The trustees of a road improvement district shall, within thirty days after the effective date of the merger, submit to the city or village a written accounting of all assets and liabilities, contingent or fixed, of the district. Unless the city or village within six months thereafter brings an action against the trustees of the district for an accounting or for damages for breach of duty, the trustees shall be discharged of all further duties and liabilities and their bonds exonerated. If the city or village brings such an action and does not recover judgment in its favor, the taxable costs may include reasonable expenses incurred by the trustees of the road improvement district in connection with such suit and a reasonable attorney's fee for the trustees' attorney. The city or village shall represent the district and all parties who might be interested in such an action. The city or village and such trustees shall be the only necessary parties to such action. Nothing contained in this section shall authorize the trustees to levy any special assessments after the effective date of the merger.

Laws 2018, LB130, § 11.
Neb. Rev. Stat. § 71-424.01 — NE Code / Chapter 71 / Section 71-424.01
View Statute 71-424.01
Status: in_force

PACE center means a facility from which a PACE provider offers services within the scope of a PACE program pursuant to a written agreement between the provider, the United States Department of Health and Human Services, and the Nebraska Department of Health and Human Services.

Laws 2020, LB1053, § 10.
Neb. Rev. Stat. § 37-235 — NE Code / Chapter 37 / Section 37-235
View Statute 37-235
Status: in_force

Officer means every person authorized to enforce the Game Law.

Laws 1998, LB 922, § 45.
Neb. Rev. Stat. § 44-3710 — NE Code / Chapter 44 / Section 44-3710
View Statute 44-3710
Status: in_force

The security required in section 44-3709 shall be used for the following:

(1) Protection, use, and benefit of all persons whose applications for membership in a motor club have been accepted by such club or its representative; and

(2) Covering of the following obligations, which are hereby required to be met:

(a) The faithful furnishing and rendering to members by the club of any and all of the motor club services furnished, sold, or offered for sale by it;

(b) The complying with and abiding by all the provisions of sections 44-3701 to 44-3721 by the club, and all the rules and regulations of the director, adopted and promulgated in accordance with sections 44-3701 to 44-3721 ; and

(c) The paying of all fines and penalties by the club that may become due to the state from the club under and by virtue of the provisions of sections 44-3701 to 44-3721 .

Laws 1981, LB 113, § 10.
Neb. Rev. Stat. § 48-1709 — NE Code / Chapter 48 / Section 48-1709
View Statute 48-1709
Status: in_force

Every farm labor contractor covered by the Farm Labor Contractors Act shall post conspicuously upon the premises where employees working under the contractor are employed, in both English and Spanish, a notice specifying the contractor's compliance with the act and the name and Nebraska address of the surety on the bond or a notice that a deposit in lieu of the bond has been made with the department together with the address of the department.

Laws 1987, LB 344, § 9.
Neb. Rev. Stat. § 14-544 — NE Code / Chapter 14 / Section 14-544
View Statute 14-544
Status: in_force

A special assessment within a city of the metropolitan class shall not be declared void or invalid because the city council sitting as a board of equalization has included in the total cost of the improvement (1) the cost of inspection under the direction of the city engineer, (2) the cost of such grading, filling, or street repairs incidental to such improvement, (3) the additional cost of maintenance or repair of such improvement included in the contract for such work, and (4) the cost of removing obstructions and removing and lowering pipes owned and controlled by the city.

Laws 1921, c. 116, art. IV, § 32, p. 485;

C.S.1922, § 3658;

C.S.1929, § 14-535;

R.S.1943, § 14-544;

Laws 2022, LB800, § 194.
Neb. Rev. Stat. § 44-6908 — NE Code / Chapter 44 / Section 44-6908
View Statute 44-6908
Status: in_force

(1) Health benefit plan means any employer group hospital or medical policy or certificate or employer group health maintenance organization subscriber contract.

(2) Health benefit plan does not include one or more, or any combination, of the following:

(a) Coverage only for accident or disability income insurance, or any combination thereof;

(b) Coverage issued as a supplement to liability insurance;

(c) Liability insurance, including general liability insurance and automobile liability insurance;

(d) Workers' compensation or similar insurance;

(e) Automobile medical payment insurance;

(f) Credit-only insurance;

(g) Coverage for onsite medical clinics; and

(h) Other similar insurance coverage, specified in federal regulations, under which benefits for medical care are secondary or incidental to other insurance benefits.

(3) Health benefit plan does not include the following benefits if they are provided under a separate policy, certificate, or contract of insurance or are otherwise not an integral part of the plan:

(a) Limited-scope dental or vision benefits;

(b) Benefits for long-term care, nursing home care, home health care, community-based care, or any combination thereof; and

(c) Such other similar, limited benefits as are specified in federal regulations.

(4) Health benefit plan does not include the following benefits if the benefits are provided under a separate policy, certificate, or contract of insurance, there is no coordination between the provision of the benefits and any exclusion of benefits under any group health benefit plan maintained by the same plan sponsor, and such benefits are paid with respect to an event without regard to whether benefits are provided with respect to such an event under any group health plan maintained by the same plan sponsor:

(a) Coverage only for a specified disease or illness; and

(b) Hospital indemnity or other fixed indemnity insurance.

(5) Health benefit plan does not include the following if it is offered as a separate policy, certificate, or contract of insurance:

(a) Medicare supplemental health insurance as defined under section 1882(g)(1) of the Social Security Act;

(b) Coverage supplemental to the coverage provided under 10 U.S.C. chapter 55, as such chapter existed on January 1, 2003; and

(c) Similar supplemental coverage provided to coverage under a group health plan.

Laws 1997, LB 862, § 8;

Laws 2003, LB 6, § 5.
Neb. Rev. Stat. § 45-191.06 — NE Code / Chapter 45 / Section 45-191.06
View Statute 45-191.06
Status: in_force

The department may adopt, promulgate, amend, and rescind such rules and regulations as necessary or appropriate to implement the purposes of sections 45-189 to 45-191.11 .

Laws 1993, LB 270, § 8.
Neb. Rev. Stat. § 60-360 — NE Code / Chapter 60 / Section 60-360
View Statute 60-360
Status: in_force

Well-servicing equipment means equipment used for the (1) care and replacement of down-hole production equipment and (2) restimulation of a well.

Laws 2005, LB 274, § 60.
Neb. Rev. Stat. § 23-3630 — NE Code / Chapter 23 / Section 23-3630
View Statute 23-3630
Status: in_force

After the county board formally adopts its resolution of intent to develop a sewerage disposal system and plant or plants pursuant to section 23-3605 , any owner of real property seeking approval from the county to subdivide, plat, or lay out the real property in building lots, any of which are intended for use in whole or in part for the construction of structures to be used for any residential purpose, shall at the time of application for approval inform the county if the owner intends to seek approval for connection of such lots or any proposed structures on them to a sewerage disposal system and plant or plants constructed under the County Industrial Sewer Construction Act. Any owner failing to inform the county of his or her intent to seek approval for connection to the sewerage disposal system or plant or plants at the time of application for a plat shall be barred from applying for a connection to the sewerage disposal system and plant or plants for any lot or any structure used for any residential purpose on such platted lots for a period of three years from the date such plat was finally approved and recorded. Such bar shall extend to any successor in interest of such owner in the platted lots during the same period of time. During the period between the date of adoption of the county board's resolution of intent to develop a sewerage disposal system and plant or plants and the date upon which the county board formally adopts a map designating and delineating the area of future growth and development of each city and village in the county pursuant to section 23-3610 , the county board shall not approve any application for the platting of any territory whose owner has indicated an intent to seek approval for the eventual connection to the sewerage disposal system and plant or plants of any lots or any structures placed on such lots to be used for residential purposes. Such applications shall be treated as if filed on the date upon which the county board formally adopts a map designating and delineating the area of future growth and development of each city and village in the county pursuant to section 23-3610 .

Laws 1994, LB 1139, § 30.
Neb. Rev. Stat. § 29-907 — NE Code / Chapter 29 / Section 29-907
View Statute 29-907
Status: in_force

It shall be the duty of such sheriff, on such surrender and the delivery to him of a certified copy of the recognizance by which such surety or sureties are bound, to take such person or persons so charged as aforesaid into custody, and by writing acknowledge such surrender, and thereupon the surety or sureties shall be discharged from any such recognizance, upon payment of all costs occasioned thereby.

G.S.1873, c. 58, § 352, p. 803;

R.S.1913, § 9009;

C.S.1922, § 10033;

C.S.1929, § 29-907;

R.S.1943, § 29-907.
Neb. Rev. Stat. § 37-461 — NE Code / Chapter 37 / Section 37-461
View Statute 37-461
Status: in_force

If any dam, canal, drainage ditch, irrigation ditch, private fish pond, aquaculture facility, artificial waterway, railroad embankment, or other property is being damaged or destroyed by muskrats or beavers, the commission may issue a permit to the person who owns or controls the property allowing the person or his or her designee to take or destroy such muskrats or beavers. The muskrats, beavers, or parts thereof taken under the authority of such permit shall not be sold or used unless the permitholder also possesses a fur-harvesting permit that is current or valid at the time of the sale or use. The commission may adopt and promulgate rules and regulations in connection with the issuance of such permits. Any person violating this section shall be guilty of a Class III misdemeanor and shall be fined at least fifty dollars.

Laws 1998, LB 922, § 171;

Laws 2011, LB41, § 13.
Neb. Rev. Stat. § 48-3510 — NE Code / Chapter 48 / Section 48-3510
View Statute 48-3510
Status: in_force

If an employer inadvertently learns the user name, password, or other means of access to an employee's or applicant’s personal Internet account through the use of otherwise lawful technology that monitors the employer's computer network or employer-provided electronic communication devices for service quality or security purposes, the employer is not liable for obtaining the information, but the employer shall not use the information to access the employee's or applicant's personal Internet account or share the information with anyone. The employer shall delete such information as soon as practicable.

Laws 2016, LB821, § 10.
Neb. Rev. Stat. § 25-2158 — NE Code / Chapter 25 / Section 25-2158
View Statute 25-2158
Status: in_force

The writ is either alternative or peremptory. The alternative writ must state concisely the facts showing the obligation of the defendant to perform the act, and his omission to perform it, and command him, that immediately upon the receipt of the writ, or at some other specified time, he do the act required to be performed, or show cause before the court whence the writ issued, at a specified time and place, why he has not done so; and that he then and there return the writ, with his certificate of having done as he is commanded. The peremptory writ must be in a similar form, except that the words requiring the defendant to show cause why he has not done as commanded must be omitted.

R.S.1867, Code § 647, p. 508;

R.S.1913, § 8273;

C.S.1922, § 9226;

C.S.1929, § 20-2158;

R.S.1943, § 25-2158.

Alternative writ should contain an order to show cause. State ex rel. Krieger v. Board of Supervisors of Clay County, 171 Neb. 117, 105 N.W.2d 721 (1960).

Alternative writ should contain an order to show cause. State ex rel. Krieger v. Board of Supervisors of Clay County, 171 Neb. 117, 105 N.W.2d 721 (1960).

Two types of writs of mandamus are recognized and defined. State ex rel. Beck v. Chicago, St. P., M. & O. Ry. Co., 164 Neb. 60, 81 N.W.2d 584 (1957).

Two types of writs of mandamus are recognized and defined. State ex rel. Beck v. Chicago, St. P., M. & O. Ry. Co., 164 Neb. 60, 81 N.W.2d 584 (1957).

Nothing can be contained in the peremptory writ that is not embraced in the alternative writ. State ex rel. Shriver v. Karr, 64 Neb. 514, 90 N.W. 298 (1902).

Nothing can be contained in the peremptory writ that is not embraced in the alternative writ. State ex rel. Shriver v. Karr, 64 Neb. 514, 90 N.W. 298 (1902).

Peremptory writ must conform strictly to command of alternative writ and clearly show duty to be performed. Laflin v. State ex rel. Gray, 49 Neb. 614, 68 N.W. 1022 (1896).

Peremptory writ must conform strictly to command of alternative writ and clearly show duty to be performed. Laflin v. State ex rel. Gray, 49 Neb. 614, 68 N.W. 1022 (1896).

Alternative writ must state all facts necessary to justify order sought. State ex rel. Mitchell v. School Dist. No. 9 of York County, 8 Neb. 92 (1878).

Alternative writ must state all facts necessary to justify order sought. State ex rel. Mitchell v. School Dist. No. 9 of York County, 8 Neb. 92 (1878).
Neb. Rev. Stat. § 44-2623 — NE Code / Chapter 44 / Section 44-2623
View Statute 44-2623
Status: in_force

An applicant for a license under sections 44-2606 to 44-2635 shall pay or cause to be paid an examination fee as established by the director in advance of such examination. The fee shall not exceed one hundred dollars and shall cover all of the examinations given to the applicant at the same time and place. The fee shall not be refunded to the applicant. Examination fees collected under sections 44-2606 to 44-2635 shall be remitted to the State Treasurer for credit to the Department of Insurance Cash Fund unless the director contracts with an independent testing organization, in which case the applicant shall pay the examination fee directly to such independent testing organization and the fee shall be the amount charged by the testing organization.

Laws 1980, LB 481, § 18;

Laws 1989, LB 92, § 210.
Neb. Rev. Stat. § 44-5608 — NE Code / Chapter 44 / Section 44-5608
View Statute 44-5608
Status: in_force

A reinsurance intermediary-manager shall not:

(1) Cede retrocessions on behalf of the reinsurer, except that the reinsurance intermediary-manager may cede facultative retrocessions pursuant to obligatory facultative agreements if the contract with the reinsurer contains reinsurance underwriting guidelines for such retrocessions. Such guidelines shall include a list of reinsurers with which such automatic agreements are in effect and, for each such reinsurer, the coverages and amounts or percentages that may be reinsured and commission schedules;

(2) Commit the reinsurer to participate in reinsurance syndicates;

(3) Appoint any producer without assuring that the producer is lawfully licensed to transact the type of reinsurance for which he or she is appointed;

(4) Without prior approval of the reinsurer, pay or commit the reinsurer to pay a claim, net of retrocessions, that exceeds the lesser of an amount specified by the reinsurer or one percent of the reinsurer's policyholders surplus as of December 31 of the last complete calendar year;

(5) Collect any payment from a retrocessionaire or commit the reinsurer to any claim settlement with a retrocessionaire, without prior approval of the reinsurer. If prior approval is given, a report shall be promptly forwarded to the reinsurer;

(6) Jointly employ an individual who is employed by the reinsurer unless such reinsurance intermediary-manager is under common control with the reinsurer subject to the Insurance Holding Company System Act; or

(7) Appoint a sub-reinsurance-intermediary-manager.

Laws 1992, LB 1006, § 62.

Insurance Holding Company System Act, see section 44-2120 .
Neb. Rev. Stat. § 32-933 — NE Code / Chapter 32 / Section 32-933
View Statute 32-933
Status: in_force

(1) Any person listed in this subsection shall be eligible as a new resident to vote for President and Vice President of the United States at the statewide general election but for no other offices:

(a) Any citizen of the United States who is at least the constitutionally prescribed age of a voter and who comes into Nebraska after the voter registration period is closed pursuant to section 32-302 for the purpose of making Nebraska his or her place of residence; and

(b) Any registered voter who moves from one county to another county within Nebraska after the close of the voter registration period.

(2) Any registered voter who moves from Nebraska to another state or to the District of Columbia for the purpose of making such new location his or her place of residence after the close of the voter registration period for such location shall be eligible as a former resident to vote for President and Vice President of the United States at the statewide general election but for no other offices.

(3) Any person described in subsection (1) of this section shall cast his or her ballot in the office of the election commissioner or county clerk at any time between the close of the voter registration period and the close of the polls on election day. Such ballots shall be available after the close of the voter registration period. Ballots for former residents under subsection (2) of this section shall be available thirty days prior to the election. The ballots may be voted in the office of the election commissioner or county clerk at any time between thirty days prior to the election and the close of the polls on election day, or the ballots may be mailed to the office and counted if they arrive before the close of the polls on election day.

Laws 1994, LB 76, § 276;

Laws 1997, LB 764, § 90;

Laws 2002, LB 935, § 8;

Laws 2013, LB271, § 2.
Neb. Rev. Stat. § 28-1406 — NE Code / Chapter 28 / Section 28-1406
View Statute 28-1406
Status: in_force

As used in sections 28-1406 to 28-1416 , unless the context otherwise requires:

(1) Unlawful force shall mean force, including confinement, which is employed without the consent of the person against whom it is directed and the employment of which constitutes an offense or actionable tort or would constitute such offense or tort except for a defense such as the absence of intent, negligence, or mental capacity; duress; youth; or diplomatic status; not amounting to a privilege to use the force;

(2) Assent shall mean consent, whether or not it otherwise is legally effective, except assent to the infliction of death or serious bodily harm;

(3) Deadly force shall mean force which the actor uses with the purpose of causing or which he knows to create a substantial risk of causing death or serious bodily harm. Purposely firing a firearm in the direction of another person or at a vehicle in which another person is believed to be constitutes deadly force. A threat to cause death or serious bodily harm, by the production of a weapon or otherwise, so long as the actor's purpose is limited to creating an apprehension that he will use deadly force if necessary, shall not constitute deadly force;

(4) Actor shall mean any person who uses force in such a manner as to attempt to invoke the privileges and immunities afforded him by sections 28-1406 to 28-1416 , except any duly authorized law enforcement officer of the State of Nebraska or its political subdivisions;

(5) Dwelling shall mean any building or structure, though movable or temporary, or a portion thereof, which is for the time being the actor's home or place of lodging; and

(6) Public officer shall mean any elected or appointed officer or employee of the State of Nebraska or its political subdivisions, except any duly authorized law enforcement officer of the State of Nebraska or its political subdivisions.

Laws 1972, LB 895, § 1;

Laws 1972, LB 1278, § 2;

R.R.S.1943, § 28-833, (1975).

Justification, otherwise known as the choice of evils, is an affirmative defense. State v. Wells, 257 Neb. 332, 598 N.W.2d 30 (1999).

Justification, otherwise known as the choice of evils, is an affirmative defense. State v. Wells, 257 Neb. 332, 598 N.W.2d 30 (1999).