FrankGoortani/open-us-law huggingface dataset:
Neb. Rev. Stat. § 55-131 — NE Code / Chapter 55 / Section 55-131
View Statute 55-131
Status: in_force

The Military Department Cash Fund is created. The fund shall be administered by the Adjutant General. The fund shall consist of all nonfederal revenue received by the National Guard pursuant to this section. The Adjutant General is hereby authorized to accept by devise, gift, or otherwise and hold, as trustee, for the benefit and use of the National Guard or any part thereof any property, real or personal; to invest and reinvest the property; to collect, receive, and recover the rents, incomes, and issues from the property; and to expend them as provided by the terms of the devise or gift, or if not so provided, to expend them for the benefit and use of the National Guard as he or she in his or her discretion shall determine, subject to the approval of the Governor. Except as otherwise provided by law, all other money received by the National Guard and derived from any other source shall be remitted to the State Treasurer for credit to the Military Department Cash Fund. Transfers may be made from the fund to the General Fund at the direction of the Legislature. Any money in the Military Department Cash 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.

Laws 1929, c. 189, § 20, p. 662;

C.S.1929, § 55-126;

R.S.1943, § 55-150;

Laws 1965, c. 342, § 1, p. 973;

R.R.S.1943, § 55-150;

Laws 1969, c. 459, § 29, p. 1591;

Laws 1969, c. 584, § 55, p. 2379;

Laws 1995, LB 7, § 61;

Laws 2006, LB 787, § 9;

Laws 2007, LB322, § 9;

Laws 2009, First Spec. Sess., LB3, § 31.

Nebraska Capital Expansion Act, see section 72-1269 .

Nebraska State Funds Investment Act, see section 72-1260 .
Neb. Rev. Stat. § 39-2124 — NE Code / Chapter 39 / Section 39-2124
View Statute 39-2124
Status: in_force

It is the intent of the Legislature to recognize the responsibilities of the Department of Transportation, of the counties, and of the municipalities in their planning programs as authorized by state law and by home rule charter and to encourage the acceptance and implementation of comprehensive, continuing, cooperative, and coordinated planning by the state, the counties, and the municipalities. Sections 13-914 and 39-2101 to 39-2125 are not intended to prohibit or inhibit the actions of the counties and of the municipalities in their planning programs and their subdivision regulations, nor are sections 13-914 and 39-2101 to 39-2125 intended to restrict the actions of the municipalities in their creation of street improvement districts and in their assessment of property for special benefits as authorized by state law or by home rule charter.

Laws 1969, c. 312, § 24, p. 1128;

Laws 1971, LB 100, § 13;

Laws 1983, LB 10, § 8;

Laws 2007, LB277, § 5;

Laws 2017, LB339, § 158.
Neb. Rev. Stat. § 9-806 — NE Code / Chapter 9 / Section 9-806
View Statute 9-806
Status: in_force

In construing the State Lottery Act, it is the intent of the Legislature that the following policies be implemented:

(1) The lottery games shall be operated by the division;

(2) The lottery games shall be operated as a self-sufficient, revenue-raising operation after money generated from the conduct of the lottery is used to repay the initial appropriation plus interest;

(3) All contracts entered into by the division for the provision of goods and services shall be subject to the act and shall be exempt from any other state law concerning the purchase of goods or services;

(4) Preference for contracts shall be given to bidders and applicants based in Nebraska if the costs and benefits are equal or superior to those available from competing persons. All major procurements of goods or services essential to the operation of a lottery shall require that the person awarded the contract establish a permanent office in this state;

(5) Every entity submitting a bid, proposal, or offer to the division shall disclose all information required by the Tax Commissioner; and

(6) Every entity submitting a bid, proposal, or offer to the division shall be required to meet such other requirements as established by the Tax Commissioner, including the posting of a bond.

Laws 1991, LB 849, § 6;

Laws 1993, LB 138, § 22.
Neb. Rev. Stat. § 8-2611 — NE Code / Chapter 8 / Section 8-2611
View Statute 8-2611
Status: in_force

(1) A consumer reporting agency may not suggest or otherwise state or imply to a third party that a security freeze on a consumer's or protected consumer's file reflects a negative credit score, history, report, or rating.

(2) If a third party requests access to a credit report or any other information derived from a file in connection with an application for credit or the opening of an account and the consumer, protected consumer, or representative has placed a security freeze on his or her file and does not allow his or her file to be accessed during that specified period of time, the third party may treat the application as incomplete.

Laws 2007, LB674, § 11;

Laws 2016, LB835, § 15.
Neb. Rev. Stat. § 44-1701 — NE Code / Chapter 44 / Section 44-1701
View Statute 44-1701
Status: in_force

The purpose of sections 44-1701 to 44-1713 is to promote the public welfare by regulating credit life insurance and credit accident and health insurance. Nothing in sections 44-1701 to 44-1713 is intended to prohibit or discourage reasonable competition. The provisions of sections 44-1701 to 44-1713 shall be liberally construed.

Laws 1959, c. 214, § 1, p. 737.
Neb. Rev. Stat. § 23-1827 — NE Code / Chapter 23 / Section 23-1827
View Statute 23-1827
Status: in_force

(1) A coroner shall conduct a preliminary investigation of a decedent within the coroner's jurisdiction as soon as possible after notification by the hospital in which such decedent is located or the hospital to which such decedent is being transported. The coroner may designate the coroner's physician or another physician to conduct the preliminary investigation.

(2) The preliminary investigation shall be completed within a time period that is compatible with the preservation and recovery of organs or tissues for the purpose of transplantation.

(3) The coroner may request and shall have access to all necessary information including copies of medical records, laboratory test results, X-rays, and other diagnostic results. The information shall be provided as expeditiously as possible, through reasonable means, to permit the preliminary investigation to be completed within a time period compatible with the preservation and recovery of organs or tissues for the purpose of transplantation.

(4) Upon completion of the preliminary investigation, the coroner shall release all organs or tissues which have been donated or may yet be donated pursuant to the Revised Uniform Anatomical Gift Act except those that the coroner reasonably believes contain evidence of the proximate cause or means of death. If the coroner reasonably believes that a specific organ or tissue contains evidence of the proximate cause or means of death and the organ or tissue is otherwise subject to recovery as a donated organ or tissue pursuant to the Revised Uniform Anatomical Gift Act, the coroner or his or her designee shall be present for the removal procedure (a) to make a final determination that allows the recovery of the organs and tissues to proceed, (b) to request a biopsy, or (c) to deny removal of such organ or tissue if the coroner determines such organ or tissue contains evidence of the proximate cause or means of death. After a preliminary investigation is completed under this section, all organs or tissues compatible for transplantation, except any organs or tissues for which the coroner has denied recovery, may be recovered pursuant to the Revised Uniform Anatomical Gift Act.

Laws 2008, LB246, § 3;

Laws 2010, LB1036, § 25.

Revised Uniform Anatomical Gift Act, see section 71-4824 .
Neb. Rev. Stat. § 21-1992 — NE Code / Chapter 21 / Section 21-1992
View Statute 21-1992
Status: in_force

(a) An officer with discretionary authority shall discharge his or her duties under that authority:

(1) In good faith;

(2) With the care an ordinarily prudent person in a like position would exercise under similar circumstances; and

(3) In a manner the officer reasonably believes to be in the best interests of the corporation and its members, if any.

(b) In discharging his or her duties an officer is entitled to rely on information, opinions, reports, or statements, including financial statements and other financial data, if prepared or presented by:

(1) One or more officers or employees of the corporation who the officer reasonably believes to be reliable and competent in the matters presented;

(2) Legal counsel, public accountants, or other persons as to matters the officer reasonably believes are within the person's professional or expert competence; or

(3) In the case of religious corporations, religious authorities and ministers, priests, rabbis, or other persons whose position or duties in the religious organization the officer believes justify reliance and confidence and who the officer believes to be reliable and competent in the matters presented.

(c) An officer is not acting in good faith if the officer has knowledge concerning the matter in question that makes reliance otherwise permitted by subsection (b) of this section unwarranted.

(d) An officer is not liable to the corporation, any member, or other person for any action taken or not taken as an officer, if the officer acted in compliance with this section.

Laws 1996, LB 681, § 92.
Neb. Rev. Stat. § 18-1720 — NE Code / Chapter 18 / Section 18-1720
View Statute 18-1720
Status: in_force

(1) All cities and villages in this state may by ordinance define, regulate, suppress, and prevent nuisances, declare what constitutes a nuisance, and abate and remove such nuisances. Every city and village may exercise such power and authority within its corporate limits and extraterritorial zoning jurisdiction.

(2) Any city or village may enter into an interlocal agreement pursuant to the Interlocal Cooperation Act with a county in which the extraterritorial zoning jurisdiction of the city or village is located to provide for joint and cooperative action to abate, remove, or prevent nuisances within such extraterritorial zoning jurisdiction. The governing body of such city or village and the county board of such county shall first approve such interlocal agreement by ordinance or resolution.

Laws 1939, c. 10, § 1, p. 77;

C.S.Supp.,1941, § 19-1201;

R.S.1943, § 19-1201;

Laws 1969, c. 115, § 1, p. 529;

Laws 2019, LB11, § 1;

Laws 2021, LB163, § 103.

Interlocal Cooperation Act, see section 13-801 .

A city of the primary class possesses authority to sue and suppress nuisances. City of Lincoln v. ABC Books, Inc., 238 Neb. 378, 470 N.W.2d 760 (1991).

A city of the primary class possesses authority to sue and suppress nuisances. City of Lincoln v. ABC Books, Inc., 238 Neb. 378, 470 N.W.2d 760 (1991).
Neb. Rev. Stat. § 29-3904 — NE Code / Chapter 29 / Section 29-3904
29-3904
Status: in_force

(1) Nothing in sections 23-3402 , 29-3902 , and 29-3903 shall prevent any judge from appointing counsel other than the public defender or other substitute counsel when the public defender or counsel initially appointed might otherwise be required to represent conflicting interests or for other good cause shown, from not appointing any counsel for any indigent felony defendant who expressly waives his or her right to such counsel at any stage of felony proceedings, or from appointing the public defender or other counsel as may be required or permitted by other applicable law.

(2) In selecting counsel to represent an indigent felony defendant, the prosecuting attorney shall not have any role whatsoever in the selection or appointment process of the counsel by the court, including, but not limited to, any individual appointment suggestions.

Laws 1972, LB 1463, § 7;

Laws 1979, LB 241, § 4;

R.S.1943, (1989), § 29-1804.08;

Laws 1990, LB 822, § 22;

Laws 2003, LB 610, § 1.
Neb. Rev. Stat. § 44-7703 — NE Code / Chapter 44 / Section 44-7703
View Statute 44-7703
Status: in_force

The Model Act Regarding Use of Credit Information in Personal Insurance applies to personal insurance and not to commercial insurance. For purposes of the act, personal insurance means private passenger automobile, homeowners, motorcycle, autocycle, mobile homeowners, noncommercial dwelling fire, and boat, personal watercraft, snowmobile, and recreational vehicle insurance policies. Such policies must be individually underwritten for personal, family, or household use. No other type of insurance shall be included as personal insurance for purposes of the act.

Laws 2003, LB 487, § 3;

Laws 2015, LB231, § 1.
Neb. Rev. Stat. § 33-156 — NE Code / Chapter 29 / Section 33-156
33-156
Status: in_force

(1) In addition to all other court costs assessed according to law, an indigent defense fee of three dollars shall be taxed as costs for each case filed in each county court and district court, including appeals to such courts, and for each appeal and original action filed in the Court of Appeals and the Supreme Court. The fees shall be remitted to the State Treasurer on forms prescribed by the State Treasurer within ten days after the end of the month. The State Treasurer shall credit the fees to the Commission on Public Advocacy Operations Cash Fund.

(2) In cases under the DNA Testing Act, costs shall be paid as provided in such act.

Laws 1995, LB 646, § 13;

Laws 1997, LB 108, § 2;

Laws 2000, LB 1085, § 1;

Laws 2001, LB 659, § 18;

Laws 2002, LB 876, § 67;

R.S.Supp.,2002, § 29-3931;

Laws 2003, LB 760, § 12;

Laws 2005, LB 348, § 17.

DNA Testing Act, see section 29-4116 .
Neb. Rev. Stat. § 2-4317 — NE Code / Chapter 2 / Section 2-4317
View Statute 2-4317
Status: in_force

Department shall mean the Department of Agriculture.

Laws 1981, LB 396, § 17.
Neb. Rev. Stat. § 44-4854 — NE Code / Chapter 44 / Section 44-4854
View Statute 44-4854
Status: in_force

The director may institute proceedings under sections 44-4809 to 44-4811 at the request of the director, commissioner, or equivalent official of the domiciliary state of any foreign or alien insurer having property located in this state.

Laws 1989, LB 319, § 54;

Laws 1990, LB 984, § 9.
Neb. Rev. Stat. § 39-224 — NE Code / Chapter 39 / Section 39-224
View Statute 39-224
Status: in_force

Upon receipt of a petition under section 39-223 , the Nebraska Department of Transportation shall make request of the United States Department of Transportation for permission to retain the directional signs, displays, or devices which provide information for the specific economic area responsible for the petition.

Laws 1978, LB 534, § 2;

R.S.1943, (1993), § 39-1320.13;

Laws 1995, LB 264, § 18;

Laws 2017, LB339, § 105.
Neb. Rev. Stat. § 17-715 — NE Code / Chapter 17 / Section 17-715
View Statute 17-715
Status: in_force

Upon the allowance of claims by the city council of a city of the second class or village board of trustees, the order for their payment shall specify the particular fund or appropriation out of which they are payable as specified in the adopted budget statement; and no order or warrant shall be drawn in excess of eighty-five percent of the current levy for the purpose for which it is drawn, unless there shall be sufficient money in the treasury at the credit of the proper fund for its payment. In the event there exists at the time such warrant is drawn, obligated funds from the federal government or the State of Nebraska, or both from the federal government and the State of Nebraska, for the general purpose or purposes of such warrant, then such warrant may be drawn in excess of eighty-five percent of the current levy for the purpose for which it is drawn to the additional extent of one hundred percent of such obligated federal or state funds. No claim shall be audited or allowed unless an order or warrant for the payment thereof may legally be drawn.

Laws 1879, § 81, p. 223;

Laws 1885, c. 18, § 1, p. 160;

R.S.1913, § 5193;

C.S.1922, § 4383;

C.S.1929, § 17-581;

R.S.1943, § 17-715;

Laws 1969, c. 145, § 23, p. 686;

Laws 1972, LB 693, § 1;

Laws 2017, LB133, § 226.

Where warrant is drawn in excess of eighty-five per cent of the current levy, unless sufficient money is in the treasury to credit of the proper fund for the payment thereof, the warrant is void and the payment thereof may be enjoined. Ballard v. Cerney, 83 Neb. 606, 120 N.W. 151 (1909).

Where warrant is drawn in excess of eighty-five per cent of the current levy, unless sufficient money is in the treasury to credit of the proper fund for the payment thereof, the warrant is void and the payment thereof may be enjoined. Ballard v. Cerney, 83 Neb. 606, 120 N.W. 151 (1909).

Where warrant was issued by reason of fraudulent representations of payee's agent, mandamus will not force city treasurer to pay the same in third person's hands. State ex rel. First Nat. Bank of York v. Cook, 43 Neb. 318, 61 N.W. 693 (1895).

Where warrant was issued by reason of fraudulent representations of payee's agent, mandamus will not force city treasurer to pay the same in third person's hands. State ex rel. First Nat. Bank of York v. Cook, 43 Neb. 318, 61 N.W. 693 (1895).
Neb. Rev. Stat. § 3-117 — NE Code / Chapter 3 / Section 3-117
View Statute 3-117
Status: in_force

The director, or any officer or employee of the division designated by it, shall have the power to hold investigations, inquiries, and hearings concerning matters covered by the State Aeronautics Act and orders, rules, and regulations of the division and concerning accidents in aeronautics within this state. All hearings so conducted shall be open to the public. The director, and every officer or employee of the division designated by it to hold any inquiry, investigation, or hearing, shall have power to administer oaths and affirmations, certify to all official acts, issue subpoenas, and compel the attendance and testimony of witnesses and the production of papers, books, and documents. In case of a failure to comply with any subpoena or order issued under the authority of the act, the division or its authorized representative may invoke the aid of any court of this state of general jurisdiction. The court may thereupon order the witness to comply with the requirements of the subpoena or order or to give evidence touching the matter in question. Any failure to obey the order of the court may be punished by the court as a contempt thereof.

Laws 1945, c. 5, § 6(11), p. 85;

Laws 2017, LB339, § 16.
Neb. Rev. Stat. § 21-122 — NE Code / Chapter 21 / Section 21-122
View Statute 21-122
Status: in_force

(RULLCA 206) (a) A limited liability company or foreign limited liability company may deliver to the Secretary of State for filing a statement of correction to correct a record previously delivered by the company to the Secretary of State and filed by the Secretary of State, if at the time of filing the record contained inaccurate information or was defectively signed.

(b) A statement of correction under subsection (a) of this section may not state a delayed effective date and must:

(1) describe the record to be corrected, including its filing date, or attach a copy of the record as filed;

(2) specify the inaccurate information and the reason it is inaccurate or the manner in which the signing was defective; and

(3) correct the defective signature or inaccurate information.

(c) When filed by the Secretary of State, a statement of correction under subsection (a) of this section is effective retroactively as of the effective date of the record the statement corrects, but the statement is effective when filed:

(1) for the purposes of subsection (d) of section 21-103 ; and

(2) as to persons that previously relied on the uncorrected record and would be adversely affected by the retroactive effect.

Laws 2010, LB888, § 22.
Neb. Rev. Stat. § 43-146.10 — NE Code / Chapter 43 / Section 43-146.10
View Statute 43-146.10
Status: in_force

If an adopted person twenty-one years of age or older, after following the procedures set forth in sections 43-146.04 and 43-146.05 , is unable to obtain information about the adopted person's relatives and there is no unrevoked nonconsent form as provided in section 43-146.06 on file with the department, such person may then contact the child placement agency which handled the adoption or the department.

Laws 1988, LB 372, § 15;

Laws 1997, LB 307, § 51;

Laws 2007, LB296, § 99.
Neb. Rev. Stat. § 15-1304 — NE Code / Chapter 15 / Section 15-1304
View Statute 15-1304
Status: in_force

Whenever the city exercises the power conferred in sections 15-1301 to 15-1307 , it shall have the power to levy taxes for the exercise of such jurisdiction and authority, and it shall also have the power to issue general obligation bonds, general obligation notes, revenue bonds and revenue notes including general obligation and revenue refunding bonds and notes for a community development activity under the power granted to any authority described or as otherwise authorized by home rule charter or state law.

Laws 1974, LB 825, § 4.
Neb. Rev. Stat. § 30-4016 — NE Code / Chapter 30 / Section 30-4016
View Statute 30-4016
Status: in_force

(1) The following persons may petition a court to construe a power of attorney or review the agent's conduct and grant appropriate relief:

(a) The principal or the agent;

(b) A guardian, conservator, or other fiduciary acting for the principal;

(c) A person authorized to make health care decisions for the principal;

(d) The principal's spouse, parent, or issue;

(e) An individual who would qualify as a presumptive heir of the principal or would otherwise qualify as a devisee under a will that remains unrevoked;

(f) A person named as a beneficiary to receive any property, benefit, or contractual right on the principal's death or as a beneficiary of a trust created by or for the principal that has a financial interest in the principal's estate;

(g) A governmental agency having regulatory authority to protect the welfare of the principal;

(h) The principal's caregiver or another person that demonstrates sufficient interest in the principal's welfare; and

(i) A person asked to accept the power of attorney.

(2) Upon motion by the principal, the court shall dismiss a petition filed under this section, unless the court finds that the principal lacks capacity to revoke the agent's authority or the power of attorney.

Laws 2012, LB1113, § 16.

Subsection (1)(e) of this section pertains to a "presumptive heir," which necessarily relates to a decedent's blood relatives. In re Trust of Cook, 28 Neb. App. 624, 947 N.W.2d 870 (2020).

Subsection (1)(e) of this section pertains to a "presumptive heir," which necessarily relates to a decedent's blood relatives. In re Trust of Cook, 28 Neb. App. 624, 947 N.W.2d 870 (2020).
Neb. Rev. Stat. § 18-506.01 — NE Code / Chapter 18 / Section 18-506.01
View Statute 18-506.01
Status: in_force

Revenue bonds, authorized by section 18-502 , may be issued by ordinance duly passed by the mayor and city council of any city or the board of trustees of any village without any other authority. General obligation bonds, authorized by section 18-506 , may be issued only after the question of their issuance shall have been submitted to the electors of such city or village at a general or special election, of which three weeks' notice thereof has been published in a legal newspaper published in or of general circulation in such city or village, and more than a majority of the electors voting at the election have voted in favor of the issuance of such bonds.

Laws 1951, c. 19, § 3, p. 100;

Laws 1967, c. 83, § 1, p. 259;

Laws 2021, LB163, § 36.

Sewer bonds can be issued only after more than sixty percent of the electors voting at the election vote in favor of issuance of bonds. State ex rel. City of Grand Island v. Johnson, 175 Neb. 498, 122 N.W.2d 240 (1963).

Sewer bonds can be issued only after more than sixty percent of the electors voting at the election vote in favor of issuance of bonds. State ex rel. City of Grand Island v. Johnson, 175 Neb. 498, 122 N.W.2d 240 (1963).