FrankGoortani/open-us-law huggingface dataset:
Neb. Rev. Stat. § 21-1301 — NE Code / Chapter 21 / Section 21-1301
View Statute 21-1301
Status: in_force

Any number of persons, not less than ten, or one or more cooperative companies, may form and organize a cooperative corporation for the transaction of any lawful business by the adoption of articles of incorporation in the same manner and with like powers and duties as is required of other corporations except as provided in sections 21-1301 to 21-1306 . Nothing in sections 21-1301 and 21-1303 shall be deemed to apply to electrical cooperatives or electric member associations. If the Nebraska Model Business Corporation Act requires an affirmative vote of a specified percentage of stockholders before action can be taken by a corporation, such percentage for a cooperative corporation shall be of the votes cast on the matter at the stockholders' meeting at which the same shall be voted upon.

Laws 1911, c. 32, § 2, p. 196;

R.S.1913, § 734;

Laws 1919, c. 197, § 3, p. 879;

Laws 1921, c. 28, § 1, p. 161;

C.S.1922, § 642;

Laws 1925, c. 79, § 1, p. 243;

C.S.1929, § 24-1301;

R.S.1943, § 21-1301;

Laws 1963, c. 102, § 1, p. 422;

Laws 1975, LB 156, § 1;

Laws 1995, LB 109, § 203;

Laws 2014, LB749, § 262.

Nebraska Model Business Corporation Act, see section 21-201 .

Transactions exempt from Securities Act of Nebraska, see section 8-1111 .

Organization of cooperative association as a corporation is authorized. Schmeckpeper v. Panhandle Coop. Assn., 180 Neb. 352, 143 N.W.2d 113 (1966).

Organization of cooperative association as a corporation is authorized. Schmeckpeper v. Panhandle Coop. Assn., 180 Neb. 352, 143 N.W.2d 113 (1966).

Farmers' cooperative company organized under this article is not necessarily exempt from federal income tax. Farmers Union Co-op. Co. of Guide Rock v. Commissioner of Internal Revenue, 90 F.2d 488 (8th Cir. 1937).

Farmers' cooperative company organized under this article is not necessarily exempt from federal income tax. Farmers Union Co-op. Co. of Guide Rock v. Commissioner of Internal Revenue, 90 F.2d 488 (8th Cir. 1937).
Neb. Rev. Stat. § 31-913 — NE Code / Chapter 31 / Section 31-913
View Statute 31-913
Status: in_force

Payment for the work done under the provisions of section 31-912 shall be made monthly upon progress certificate of the engineer with ten percent of each estimate to be withheld until final completion and acceptance of said improvement.

Laws 1959, c. 132, § 13, p. 489.
Neb. Rev. Stat. § 16-682 — NE Code / Chapter 16 / Section 16-682
View Statute 16-682
Status: in_force

Any city of the first class operating a municipal utility under section 16-681 shall have the right and power to tax, assess, and collect from the inhabitants of the city such rent or rents for the use and benefit of water, gas, power, light, or heat used or supplied to them by such waterworks, mains, pump, or extension of any system of waterworks, or water supply, or by such gas, light, or heat system, as the city council shall by ordinance deem just or expedient. With respect to water rates, taxes, or rents only, such water rates, taxes, or rents, when delinquent, shall be a lien upon the premises or real estate upon or for which the water is used or supplied, and such water taxes, rents, or rates shall be paid and collected and such lien enforced in such manner as the city council shall by ordinance direct and provide. Any delinquent water rentals which remain unpaid for a period of three months after they become due may be, by resolution of the city council, assessed against such real estate as a special assessment, which special assessment shall be certified by the city clerk to the county clerk of the county in which the city is situated. The county clerk shall place such special assessments on the tax rolls for collection, subject to the same penalties and to be collected in like manner as other city taxes. The city council shall notify in writing nonoccupying owners of premises or their agents whenever their tenants or lessees are sixty days delinquent in the payment of water rent. Thereafter, if the owner of such real estate or his or her agent within the city shall notify the city council in writing to discontinue water service to the real estate or the occupants thereof, it shall be the duty of the officer in charge of the water department promptly to discontinue such service, and rentals for any water furnished to the occupants of such real estate in violation of such notice shall not be a lien thereon.

Laws 1937, c. 26, § 1, p. 147;

C.S.Supp.,1941, § 16-655;

R.S.1943, § 16-682;

Laws 2016, LB704, § 140.
Neb. Rev. Stat. § 25-3601 — NE Code / Chapter 25 / Section 25-3601
View Statute 25-3601
Status: in_force

Sections 25-3601 to 25-3604 shall be known and may be cited as the COVID-19 Liability Act.

Laws 2021, LB139, § 1.

Health Care Crisis Protocol Act, see section 71-2701 .
Neb. Rev. Stat. § 46-226.02 — NE Code / Chapter 46 / Section 46-226.02
View Statute 46-226.02
Status: in_force

(1) The Chief Water Officer may approve an application filed pursuant to section 46-226.01 or 46-297 subject to the following conditions:

(a) The rate, quantity, or time of surface water diversion shall not be increased from that approved for the appropriation at the time the application is filed;

(b) If the water stored or to be stored underground will be used for irrigation purposes, the Chief Water Officer may approve the service of additional amounts of land or different lands not identified to be served with facilities included under the original appropriation, if the Chief Water Officer determines that the change is in the public interest, and that any interference with the rights of senior appropriators as a result of such change is unavoidable and not material;

(c) The priority date shall remain the same as that of the original appropriation; and

(d) When the application is for recognition of incidental underground water storage, such stored water is being withdrawn or is otherwise being used for beneficial purposes.

(2) For an application filed pursuant to section 46-226.01 , the burden shall be on the applicant to prove that underground water storage has occurred.

(3) The Chief Water Officer may grant the application in a modified or reduced form, if required by the public interest, and may impose such other reasonable conditions as deemed appropriate to protect the public interest.

(4) The Chief Water Officer's order of approval shall specify:

(a) The source of the water stored or to be stored underground;

(b) The underground water storage method; and

(c) A description of the area served or to be served by the water stored underground.

Laws 1983, LB 198, § 6;

Laws 1985, LB 488, § 3;

Laws 1995, LB 350, § 2;

Laws 2025, LB317, § 73.
Neb. Rev. Stat. § 52-142 — NE Code / Chapter 52 / Section 52-142
View Statute 52-142
Status: in_force

(1) Any person having an interest in real estate may release the real estate from liens which have attached to it by:

(a) Depositing in the office of the clerk of the district court of the county in which the lien is recorded a sum of money in cash, certified check, or other bank obligation, or a surety bond issued by a surety company authorized to do business in this state, in an amount sufficient to pay the total of the amounts claimed in the liens being released plus fifteen percent of such total; and

(b) Recording, as provided in section 52-151 , a certificate of the clerk of the district court showing that the deposit has been made.

(2) The clerk of the district court has an obligation to accept the deposit and issue the certificate.

(3) Upon release of the real estate from a lien under this section, the claimant's rights are transferred from the real estate to the deposit or surety bond and the claimant may establish his or her claim under sections 52-125 to 52-159 , and upon determination of the claim the court shall order the clerk of the district court to pay the sums due or render judgment against the surety company on the bond, as the case may be.

Laws 1981, LB 512, § 18.

The function of the surety bond under this section is to release the property from the lien and to transfer the claimant's rights from the property to the surety bond. Echo Group v. Tradesmen Internat., 312 Neb. 729, 980 N.W.2d 869 (2022).

The function of the surety bond under this section is to release the property from the lien and to transfer the claimant's rights from the property to the surety bond. Echo Group v. Tradesmen Internat., 312 Neb. 729, 980 N.W.2d 869 (2022).

When a person releases real estate from a construction lien by depositing a surety bond, the Nebraska Construction Lien Act does not limit a party's recovery in an action to foreclose the lien to the amount of the surety bond. Echo Group v. Tradesmen Internat., 312 Neb. 729, 980 N.W.2d 869 (2022).

When a person releases real estate from a construction lien by depositing a surety bond, the Nebraska Construction Lien Act does not limit a party's recovery in an action to foreclose the lien to the amount of the surety bond. Echo Group v. Tradesmen Internat., 312 Neb. 729, 980 N.W.2d 869 (2022).
Neb. Rev. Stat. § 32-713 — NE Code / Chapter 32 / Section 32-713
View Statute 32-713
Status: in_force

(1) The certificates of appointment for presidential electors shall be served by the Governor on each person appointed. The Governor shall notify the presidential electors to be at the meeting location designated by the Governor at noon on the first Tuesday after the second Wednesday in December after appointment and report to the Governor at the designated meeting location as being in attendance. The Governor shall serve the certificates of appointment by registered or certified mail. In submitting this state's certificate of ascertainment as required by 3 U.S.C. 5, the Governor shall certify this state's presidential electors, include a security feature for purposes of verifying the authenticity of the certificate, and state in the certificate that:

(a) The presidential electors will serve as presidential electors unless a vacancy occurs in the office of presidential elector before the end of the meeting at which the presidential electors cast their votes, in which case a substitute presidential elector will fill the vacancy; and

(b) If a substitute presidential elector is appointed to fill a vacancy, the Governor will submit an amended certificate of ascertainment stating the names on the final list of this state's presidential electors.

(2) The presidential electors shall convene at 2 p.m. of such Tuesday at the meeting location designated by the Governor. Each presidential elector shall execute the following pledge: As a presidential elector duly selected (or appointed) for this position, I agree to serve and to mark my ballots for President and Vice President for the presidential and vice-presidential candidates who received the highest number of votes in the state if I am an at-large presidential elector or the highest number of votes in my congressional district if I am a congressional district presidential elector.

Laws 1994, LB 76, § 213;

Laws 2014, LB946, § 14;

Laws 2024, LB287, § 36.

Governor appoints presidential electors in accordance with return of state canvassing board. State ex rel. Beeson v. Marsh, 150 Neb. 233, 34 N.W.2d 279 (1948).

Governor appoints presidential electors in accordance with return of state canvassing board. State ex rel. Beeson v. Marsh, 150 Neb. 233, 34 N.W.2d 279 (1948).
Neb. Rev. Stat. § 44-6412 — NE Code / Chapter 60 / Section 44-6412
44-6412
Status: in_force

(1) In the event of payment under the uninsured or underinsured motorist coverage, the insurer making such payment shall, to the extent of such payment, be entitled to the proceeds of any settlement or judgment to the extent such settlement or judgment exceeds the amount paid under any applicable bodily injury liability policy or bond.

(2) If a tentative agreement to settle for liability limits has been reached with the owner or operator of an underinsured motor vehicle, written notice shall be given by certified or registered mail to the underinsured motorist coverage insurer by its insured. Such notice shall include written documentation of lost wages, medical bills, and written authorization to obtain reports from all employers and medical providers. Within thirty days of receipt of such notice, the underinsured motorist coverage insurer may substitute its payment to the insured for the tentative settlement amount. The underinsured motorist coverage insurer shall then be subrogated to the insured's right of recovery to the extent of such payment and any settlement under the underinsured motorist coverage. If the underinsured motorist coverage insurer fails to pay the insured the amount of the tentative settlement within thirty days of receipt of such notice, the underinsured motorist coverage insurer shall have no right of subrogation for any amount paid under the underinsured motorist coverage.

(3) Whenever an insurer makes payment under uninsured or underinsured motorist coverage because of an insurer insolvency, as described in section 44-2403 , the paying insurer's right of recovery or reimbursement shall not include any rights either against the insured of such insolvent insurer, except for the amount which is in excess of the limits of liability of the policy of the insolvent insurer, or against a guaranty account established pursuant to the Nebraska Property and Liability Insurance Guaranty Association Act.

Laws 1986, LB 573, § 11;

R.S.1943, (1988), § 60-581;

Laws 1994, LB 1074, § 12.

Nebraska Property and Liability Insurance Guaranty Association Act, see section 44-2418 .

An insured must, within the statute of limitations and utilizing the procedures set forth in this section, file suit against or settle with all underinsured or uninsured tort-feasors involved in an automobile accident. Steffen v. Progressive Northern Ins. Co., 276 Neb. 378, 754 N.W.2d 730 (2008).

An insured must, within the statute of limitations and utilizing the procedures set forth in this section, file suit against or settle with all underinsured or uninsured tort-feasors involved in an automobile accident. Steffen v. Progressive Northern Ins. Co., 276 Neb. 378, 754 N.W.2d 730 (2008).
Neb. Rev. Stat. § 25-1576 — NE Code / Chapter 25 / Section 25-1576
View Statute 25-1576
Status: in_force

The judge may in his discretion order a reference to a referee agreed upon or appointed by him, to report the evidence of the facts.

R.S.1867, Code § 545, p. 489;

R.S.1913, § 8124;

C.S.1922, § 9060;

C.S.1929, § 20-1578;

R.S.1943, § 25-1576.
Neb. Rev. Stat. § 58-865 — NE Code / Chapter 58 / Section 58-865
View Statute 58-865
Status: in_force

Any loan made or caused to be made or purchased pursuant to section 58-864 may be funded with the proceeds of bonds, notes, or other obligations of the authority issued pursuant to this section and sections 58-841 , 58-846 , 58-863 , and 58-864 . The resolution or trust indenture creating such bonds, notes, or other obligations may contain any of the provisions specified in section 58-843 as the authority deems appropriate and any other provisions, not in violation of law, as the authority deems reasonable and proper for the security of the holders of such bonds, notes, or other obligations.

The proceeds of any such bonds, notes, or other obligations may be used and applied by the authority to make loans to such institutions and cause loans to be made by the institutions to their qualified students, to pay financing costs, including legal, underwriting, investment banking, accounting, rating agency, printing, and other similar costs, to fund any reserve funds deemed necessary or advisable by the authority, to pay interest on such bonds, notes, or other obligations for any period deemed necessary or advisable by the authority, and to pay all other necessary and incidental costs and expenses.

Laws 1993, LB 465, § 36;

R.S.1943, (1994), § 79-2963;

Laws 1995, LB 5, § 62;

R.S.1943, (2008), § 85-1762;

Laws 2013, LB170, § 65.
Neb. Rev. Stat. § 46-1129 — NE Code / Chapter 46 / Section 46-1129
View Statute 46-1129
Status: in_force

The council shall prescribe the necessary forms and adopt and promulgate such rules and regulations as shall be necessary to carry out the provisions of section 46-1128 regarding the conducting of training sessions and the issuing of certificates.

Laws 1986, LB 284, § 29.
Neb. Rev. Stat. § 71-962 — NE Code / Chapter 71 / Section 71-962
View Statute 71-962
Status: in_force

Any person who willfully (1) files or causes to be filed a certificate or petition under the Nebraska Mental Health Commitment Act or the Sex Offender Commitment Act, knowing any of the allegations thereof to be false, (2) deprives a subject of any of the rights granted the subject by either act or section 83-390 , or (3) breaches the confidentiality of records required by section 71-961 shall be guilty of a Class II misdemeanor in addition to any civil liability which he or she may incur for such actions.

Laws 1976, LB 806, § 79;

Laws 1977, LB 41, § 63;

Laws 2000, LB 884, § 22;

R.S.Supp.,2002, § 83-1069;

Laws 2004, LB 1083, § 82;

Laws 2006, LB 1199, § 53.

Sex Offender Commitment Act, see section 71-1201 .

The Nebraska Mental Health Commitment Act provides for a criminal penalty for any person who willfully breaches the confidentiality of records as required by section 83-1068, in addition to any civil liability which may be incurred by such acts. In re Interest of Michael M., 6 Neb. App. 560, 574 N.W.2d 774 (1998).

The Nebraska Mental Health Commitment Act provides for a criminal penalty for any person who willfully breaches the confidentiality of records as required by section 83-1068, in addition to any civil liability which may be incurred by such acts. In re Interest of Michael M., 6 Neb. App. 560, 574 N.W.2d 774 (1998).
Neb. Rev. Stat. § 2-1203.02 — NE Code / Chapter 2 / Section 2-1203.02
View Statute 2-1203.02
Status: in_force

(1)(a) Any person between sixteen and seventy-five years of age applying for or holding a license to participate in or be employed at a horserace meeting licensed by the commission shall be subject to fingerprinting and a check of his or her criminal history record information maintained by the Federal Bureau of Investigation through the Nebraska State Patrol. Each applicant shall furnish to the Nebraska State Patrol a full set of legible fingerprints to enable a criminal background investigation to be conducted. The Nebraska State Patrol shall submit the fingerprints to the Federal Bureau of Investigation for a national criminal history record check. The Nebraska State Patrol shall issue a report to the commission that includes the information collected from the national criminal history record information check concerning the individual. Such requirements shall be for the purpose of determining whether the commission has a basis to deny the license application or to suspend, cancel, or revoke the person's license.

(b) Any person between sixteen and seventy-five years of age involved in the administration or management of a racetrack, including the governing body, shall be subject to fingerprinting and a check of his or her criminal history record information maintained by the Federal Bureau of Investigation through the Nebraska State Patrol. Each applicant shall furnish to the Nebraska State Patrol a full set of legible fingerprints to enable a criminal background investigation to be conducted. The Nebraska State Patrol shall submit the fingerprints to the Federal Bureau of Investigation for a national criminal history record check. The Nebraska State Patrol shall issue a report to the commission that includes the information collected from the national criminal history record information check concerning the individual.

(c) The applicant, licensee, or person involved in the administration or management of a racetrack shall pay the actual cost of any fingerprinting or check of his or her criminal history record information.

(d) The requirements of this subsection shall not apply to employees of concessions who do not work in restricted-access areas, admissions employees whose duties involve only admissions ticket sales and verification or parking receipts sales and verification, and medical or emergency services personnel authorized to provide such services at the racetrack.

(2) If the applicant is an individual who is applying for a license to participate in or be employed at a horserace meeting, the application shall include the applicant's social security number.

Laws 1991, LB 200, § 2;

Laws 1994, LB 1153, § 2;

Laws 1997, LB 752, § 53;

Laws 2021, LB561, § 6;

Laws 2022, LB876, § 4;

Laws 2025, LB357, § 5.
Neb. Rev. Stat. § 71-445 — NE Code / Chapter 71 / Section 71-445
View Statute 71-445
Status: in_force

(1) A health care facility or health care service shall not discriminate or retaliate against a person residing in, served by, or employed at such facility or service who has initiated or participated in any proceeding authorized by the Health Care Facility Licensure Act or who has presented a complaint or provided information to the administrator of such facility or service or the Department of Health and Human Services. Such person may maintain an action for any type of relief, including injunctive and declaratory relief, permitted by law.

(2) A health care facility licensed pursuant to the Health Care Facility Licensure Act shall not discriminate or retaliate against any person who has initiated or participated in the making of a report under the Uniform Credentialing Act to the department. Such person may maintain an action for any type of relief, including injunctive and declaratory relief, permitted by law.

Laws 2000, LB 819, § 45;

Laws 2007, LB296, § 372;

Laws 2016, LB750, § 10.

Uniform Credentialing Act, see section 38-101 .

The State has not waived its sovereign immunity for claims arising under the Health Care Facility Licensure Act. Baker-Heser v. State, 309 Neb. 979, 963 N.W.2d 59 (2021).

The State has not waived its sovereign immunity for claims arising under the Health Care Facility Licensure Act. Baker-Heser v. State, 309 Neb. 979, 963 N.W.2d 59 (2021).
Neb. Rev. Stat. § 44-3823 — NE Code / Chapter 44 / Section 44-3823
View Statute 44-3823
Status: in_force

Each corporation organized under sections 44-3801 to 44-3826 shall annually on March 1 file with the department its statement for the preceding calendar year, in the form prescribed by the director, showing all payments received for prepaid dental services in this state. Such annual statements may use accounting principles common to its business, but such accounting principles shall enable the director to ascertain whether the reserve required by section 44-3817 has been maintained.

Laws 1982, LB 139, § 23.