FrankGoortani/open-us-law huggingface dataset:
Neb. Rev. Stat. § 23-3401 — NE Code / Chapter 29 / Section 23-3401
23-3401
Status: in_force

(1) There is hereby created the office of public defender in counties that have or that attain a population in excess of one hundred thousand inhabitants and in other counties upon approval by the county board. The public defender shall be elected as provided in the Election Act.

(2) The public defender shall be a lawyer licensed to practice law in this state. He or she shall take office after election and qualification at the same time that other county officers take office, except that upon the creation of such office in any county, a qualified person may be appointed by the county board to serve as public defender until such office can be filled by an election in accordance with section 32-523 .

(3) In counties having a population of more than one hundred seventy thousand inhabitants, the public defender shall devote his or her full time to the legal work of the office of the public defender and shall not engage in the private practice of law. All assistant public defenders in such counties shall devote their full time to the legal work of such office of the public defender and shall not engage in the private practice of law so long as each assistant public defender receives the same annual salary as each deputy county attorney of comparable ability and experience receives in such counties.

(4) No public defender or assistant public defender shall solicit or accept any fee for representing a criminal defendant in a prosecution in which the public defender or assistant is already acting as the defendant's court-appointed counsel.

(5) A public defender elected after November 1986 need not be a resident of the county when he or she files for election as public defender, but a public defender shall reside in a county for which he or she holds office, except that in counties with a population of one hundred thousand or less inhabitants, the public defender shall not be required to reside in the county in which he or she holds office.

Laws 1915, c. 165, § 1, p. 336;

Laws 1917, c. 150, § 1, p. 335;

Laws 1919, c. 58, § 1, p. 162;

C.S.1922, § 10105;

C.S.1929, § 29-1803;

Laws 1931, c. 65, § 6, p. 179;

C.S.Supp.,1941, § 29-1803;

Laws 1943, c. 90, § 15, p. 303;

R.S.1943, § 29-1804;

Laws 1947, c. 62, § 10, p. 203;

Laws 1957, c. 107, § 7, p. 382;

Laws 1961, c. 134, § 1, p. 387;

Laws 1965, c. 151, § 4, p. 495;

Laws 1967, c. 605, § 5, p. 2050;

Laws 1967, c. 178, § 1, p. 495;

Laws 1969, c. 238, § 1, p. 878;

Laws 1972, LB 1463, § 1;

Laws 1984, LB 189, § 1;

Laws 1986, LB 812, § 8;

Laws 1989, LB 627, § 1;

R.S.1943, (1989), § 29-1804;

Laws 1990, LB 822, § 1;

Laws 1991, LB 343, § 1;

Laws 1994, LB 76, § 546;

Laws 1996, LB 1085, § 38.

Election Act, see section 32-101 .
Neb. Rev. Stat. § 23-3610 — NE Code / Chapter 23 / Section 23-3610
View Statute 23-3610
Status: in_force

(1) The county board shall hold a public hearing on each disputed area pursuant to such notice as set out in section 23-3609 . Within fifteen days after the completion of such public hearings, the county board shall formally adopt a map designating and delineating the boundaries of the area of future growth and development of each city or village within the county.

(2) Over all territory regarding which there is no dispute between any cities or villages as to inclusion in their respective areas of future growth and development, the county board shall accept the recommended delineations of the cities and villages and incorporate them without amendment into its formal map.

(3) When any cities or villages involved in a dispute over the inclusion of territory within their respective areas of future growth and development reach an agreement on the allocation of the disputed territory and inform the county board of such agreement prior to the board's final action to adopt a formal map, the county board shall accept the agreement on the allocation and incorporate the agreed-upon delineation without amendment into its formal map.

(4) In determining any disputes on the allocation of territory not otherwise resolved by agreement between disputing cities and villages and in making its formal delineations with regard to such territory, the county board shall base its decision on the relative likelihood of the disputed area coming within the jurisdiction of the cities or villages for zoning or platting purposes based on (a) growth and land development patterns and (b) documented population and economic growth trends. The county board shall place the disputed area within the area of future growth and development of the city or village which would, based upon such factors, be the most likely city or village to first assume jurisdiction over such territory for zoning or platting purposes.

Laws 1994, LB 1139, § 10.
Neb. Rev. Stat. § 60-1425 — NE Code / Chapter 60 / Section 60-1425
View Statute 60-1425
Status: in_force

Upon receiving an application under section 60-1424 , the board shall enter an order fixing a time, which shall be within ninety days of the date of such order, and place of hearing, and shall send by certified or registered mail, with return receipt requested, a copy of the order to the franchisee whose franchise the franchisor seeks to terminate, not continue, or change. If the application requests permission to change a franchisee's community or establish an additional motor vehicle, combination motor vehicle and trailer, motorcycle, or trailer dealership, a copy of the order shall be sent to all franchisees in the community who are then engaged in the business of offering to sell or selling the same line-make. Copies of orders shall be addressed to the franchisee at the place where the business is conducted. The board may also give notice of franchisor's application to any other parties whom the board may deem interested persons, such notice to be in the form and substance and given in the manner the board deems appropriate. Any person who can show an interest in the application may become a party to the hearing, whether or not he or she receives notice, but a party not receiving notice shall be limited to participation at the hearing on the question of the public interest in the termination or continuation of the franchise, the change in community, or the establishment of an additional motor vehicle dealership.

Laws 1971, LB 768, § 25;

Laws 2011, LB477, § 4.
Neb. Rev. Stat. § 25-1039 — NE Code / Chapter 25 / Section 25-1039
View Statute 25-1039
Status: in_force

The defendant may, at any time before judgment, after reasonable notice to the plaintiff, move the court for additional security on the part of the plaintiff; and if, on such motion, the court is satisfied that the surety in the plaintiff's undertaking has removed from this state, or is not sufficient for the amount thereof, it may vacate the order of attachment and direct restitution of any property taken under it, unless in a reasonable time, to be fixed by the court, sufficient security is given by the plaintiff.

R.S.1867, Code § 234, p. 432;

R.S.1913, § 7768;

C.S.1922, § 8712;

C.S.1929, § 20-1039;

R.S.1943, § 25-1039.
Neb. Rev. Stat. § 21-1722 — NE Code / Chapter 21 / Section 21-1722
View Statute 21-1722
Status: in_force

Share account shall mean a balance held by a credit union and established by a member in accordance with standards specified by the credit union, including balances designated as shares, share certificates, share draft accounts, or other names. Share account shall not include membership shares.

Laws 1996, LB 948, § 22.
Neb. Rev. Stat. § 46-1206.01 — NE Code / Chapter 46 / Section 46-1206.01
View Statute 46-1206.01
Status: in_force

Decommissioned, when used in relation to a water well, shall mean the act of filling, sealing, and plugging a water well in accordance with the rules and regulations of the department.

Laws 1994, LB 981, § 14.
Neb. Rev. Stat. § 57-603 — NE Code / Chapter 57 / Section 57-603
View Statute 57-603
Status: in_force

Whenever any condemner shall require the right to underground storage in any of the lands within this state, such condemner may file an action to condemn and acquire such underground storage in and under the lands sought to be condemned, including the amount of commercially recoverable native gas, if any, remaining in the reservoir, together with such other rights or interests as may be necessary and proper to the full enjoyment thereof; Provided, that any right of underground storage obtainable hereunder shall be without prejudice to the rights of the owners of the surface of such land or other interests therein as to all other uses thereof.

Laws 1953, c. 191, § 3(1), p. 614;

Laws 1963, c. 325, § 3, p. 985.
Neb. Rev. Stat. § 25-1237 — NE Code / Chapter 25 / Section 25-1237
View Statute 25-1237
Status: in_force

(1) When authorized by rules promulgated by the Supreme Court, the clerk of the district court may issue a subpoena for discovery in Nebraska for a civil proceeding pending in a foreign jurisdiction. Such a subpoena may command a person to testify at a deposition or command a nonparty to provide discovery without a deposition.

(2) The Supreme Court may promulgate rules for subpoenas under this section. The rules may specify the amount of a fee, if any, that must be paid to the clerk of the district court for the issuance of such subpoenas. Any such rules shall not conflict with laws governing such matters.

Laws 2020, LB912, § 11.
Neb. Rev. Stat. § 13-1501 — NE Code / Chapter 13 / Section 13-1501
View Statute 13-1501
Status: in_force

Sections 13-1501 to 13-1509 shall be known and may be cited as the State-Tribal Cooperative Agreements Act.

Laws 1989, LB 508, § 1.
Neb. Rev. Stat. § 48-2107 — NE Code / Chapter 48 / Section 48-2107
View Statute 48-2107
Status: in_force

(1) Each application or renewal under section 48-2105 shall be signed by the applicant and accompanied by a fee not to exceed forty dollars. The commissioner may adopt and promulgate rules and regulations to establish the criteria for acceptability of filing documents and making payments electronically. The criteria may include requirements for electronic signatures. The commissioner may refuse to accept any electronic filings or payments that do not meet the criteria established. The fee shall not be required when an amendment to an application is submitted. The commissioner shall remit the fees collected under this subsection to the State Treasurer for credit to the Contractor and Professional Employer Organization Registration Cash Fund.

(2) A contractor shall not be required to pay the fee under subsection (1) of this section if (a) the contractor is self-employed and does not pay more than three thousand dollars annually to employ other persons in the business and the application contains a statement made under oath or equivalent affirmation setting forth such information or (b) the contractor only engages in the construction of water wells or installation of septic systems. At any time that a contractor no longer qualifies for exemption from the fee, the fee shall be paid to the department. Any false statement made under subdivision (2)(a) of this section shall be a violation of section 28-915.01 .

Laws 1994, LB 248, § 7;

Laws 2008, LB204, § 4;

Laws 2009, LB162, § 5;

Laws 2016, LB270, § 3;

Laws 2020, LB1016, § 7;

Laws 2023, LB191, § 16.
Neb. Rev. Stat. § 2-3617 — NE Code / Chapter 2 / Section 2-3617
View Statute 2-3617
Status: in_force

(1) The initial term of office for members of the appointed board shall be as follows: Three district members shall be appointed for one year; three district members shall be appointed for two years; and two district members shall be appointed for three years. The term of the member appointed at large shall be three years.

(2) Upon completion of the initial term, the term of office for members of the board shall be for three years.

Laws 1978, LB 639, § 17.
Neb. Rev. Stat. § 18-2419 — NE Code / Chapter 18 / Section 18-2419
View Statute 18-2419
Status: in_force

Any combination of two or more municipalities of this state is hereby granted power and authority to create one or more agencies to exercise the powers and authority prescribed by sections 18-2401 to 18-2485 .

Laws 1981, LB 132, § 19.
Neb. Rev. Stat. § 59-1731 — NE Code / Chapter 59 / Section 59-1731
View Statute 59-1731
Status: in_force

In selling, leasing, or offering to sell or lease a seller-assisted marketing plan in this state, sellers of such plans shall not place or cause to be placed any advertisement for a seller-assisted marketing plan which does not include the actual business name of the seller, and if it differs, the name under which the seller-assisted marketing plan is operated and the street address of the principal place of business of the seller.

Laws 1979, LB 180, § 31.
Neb. Rev. Stat. § 45-607 — NE Code / Chapter 45 / Section 45-607
View Statute 45-607
Status: in_force

(1) The license provided for by section 45-606 shall be granted only to applicants who are trustworthy, who have a good reputation for honesty and fair dealings, who are financially responsible, and who are, in the opinion of the board, competent to engage in the collection of accounts and claims of others. No license shall be issued to a partnership, limited liability company, corporation, or association unless the manager or executive officer thereof has been engaged in the collection business either as owner, officer, partner, member, or employee of an established reputable collection agency for a period of at least two years, except that the board may, if satisfied that the applicant or the manager or executive officer thereof has had sufficient business experience to be fully competent to engage in the collection business without such previous collection experience, approve such application.

(2) No such license shall be issued to any person, firm, limited liability company, corporation, or association who or which is not a resident of this state or does not keep and maintain a regular office in this state in which are kept complete records of collections and claims handled by such person, firm, limited liability company, corporation, or association for creditors residing in this state and against debtors residing in this state, except that a foreign corporation or limited liability company duly authorized, admitted, and licensed to do business in this state may be issued such a license if it complies with all requirements of the Collection Agency Act, nor shall any license be issued to any person, firm, limited liability company, corporation, or association who or which or the principal officers of which have, within the past five years, been convicted in any court of fraud or have been convicted of or had judgment entered against them in any court for failure to account to their client or customer for money or property collected by them for such client or customer.

Laws 1963, c. 500, § 11, p. 1596;

R.S.1943, (1981), § 81-8,168;

Laws 1984, LB 471, § 7;

Laws 1993, LB 121, § 273;

Laws 1993, LB 261, § 7.
Neb. Rev. Stat. § 69-1312 — NE Code / Chapter 69 / Section 69-1312
View Statute 69-1312
Status: in_force

Every person who has filed a report under section 69-1310 , or in the case of sums payable on traveler's checks or money orders presumed abandoned under section 69-1302 , shall pay or deliver to the State Treasurer all abandoned property specified in this report, except that, if the owner establishes his right to receive the abandoned property to the satisfaction of the holder within the time specified in section 69-1311 , or if it appears that for some other reason the presumption of abandonment is erroneous, the holder need not pay or deliver the property, which will no longer be presumed abandoned, to the State Treasurer, but in lieu thereof shall file a verified written explanation of the proof of claim or of the error in the presumption of abandonment.

Laws 1969, c. 611, § 12, p. 2486;

Laws 1977, LB 305, § 6.
Neb. Rev. Stat. § 35-522 — NE Code / Chapter 35 / Section 35-522
View Statute 35-522
Status: in_force

When any rural or suburban fire protection district is inactive for a period of at least five years, as determined by resolution of the county board in which the greatest portion of the valuation of the district is located, the county board may order the district dissolved. The county board shall file copies of such order of dissolution with the county clerks and county treasurers of all counties in which such district is located. Upon receipt of such order, the county treasurer shall dispose of any remaining funds of such district in the manner provided by section 35-521 .

Laws 1967, c. 206, § 2, p. 564;

Laws 1998, LB 1120, § 19.
Neb. Rev. Stat. § 52-125 — NE Code / Chapter 52 / Section 52-125
View Statute 52-125
Status: in_force

Sections 52-125 to 52-159 shall be known and may be cited as the Nebraska Construction Lien Act.

Laws 1981, LB 512, § 1.

Trustees of a health, welfare, and pension fund may assert a construction lien on behalf of union employees against the property owner. Omaha Constr. Indus. Pension Plan v. Children's Hosp., 11 Neb. App. 35, 642 N.W.2d 849 (2002).

Trustees of a health, welfare, and pension fund may assert a construction lien on behalf of union employees against the property owner. Omaha Constr. Indus. Pension Plan v. Children's Hosp., 11 Neb. App. 35, 642 N.W.2d 849 (2002).
Neb. Rev. Stat. § 68-1510 — NE Code / Chapter 68 / Section 68-1510
View Statute 68-1510
Status: in_force

The support available under sections 68-1501 to 68-1519 shall be supplemental to other support programs for which the family or disabled person is eligible and is not intended to reduce the responsibility for the provision of services and support by such other programs. The department shall (1) determine whether any request under sections 68-1501 to 68-1519 is appropriate to and available from other support programs, (2) deny any request if the requested assistance is appropriate to and available from other support programs, and (3) provide information and referral to all families and disabled persons whose request for assistance was denied pursuant to this section on the procedure for applying for other appropriate and available support programs.

Laws 1981, LB 389, § 10.
Neb. Rev. Stat. § 29-2282 — NE Code / Chapter 29 / Section 29-2282
View Statute 29-2282
Status: in_force

In determining restitution, if the offense results in damage, destruction, or loss of property, the court may require: (1) Return of the property to the victim, if possible; (2) payment of the reasonable value of repairing the property, including property returned by the defendant; or (3) payment of the reasonable replacement value of the property, if return or repair is impossible, impractical, or inadequate. If the offense results in bodily injury, the court may require payment of necessary medical care, including, but not limited to, physical or psychological treatment and therapy, and payment for income lost due to such bodily injury. If the offense results in the death of the victim, the court may require payment to be made to the estate of the victim for the cost of any medical care prior to death and for funeral and burial expenses.

Laws 1986, LB 956, § 3.

Restitution will be upheld if calculated by use of reasonable methods; therefore, when the defendant does not present contradictory evidence, the court does not err in relying on a victim's competent estimates of loss. State v. Street, 306 Neb. 380, 945 N.W.2d 450 (2020).

Restitution will be upheld if calculated by use of reasonable methods; therefore, when the defendant does not present contradictory evidence, the court does not err in relying on a victim's competent estimates of loss. State v. Street, 306 Neb. 380, 945 N.W.2d 450 (2020).

The determination of whether return or repair is impossible, impractical, or inadequate is left to the sound discretion of the sentencing court and is not necessarily bound by concepts of fair market value. State v. Street, 306 Neb. 380, 945 N.W.2d 450 (2020).

The determination of whether return or repair is impossible, impractical, or inadequate is left to the sound discretion of the sentencing court and is not necessarily bound by concepts of fair market value. State v. Street, 306 Neb. 380, 945 N.W.2d 450 (2020).

This section warrants restitution where the offense results in damage, destruction, or loss of property. State v. McBride, 27 Neb. App. 219, 927 N.W.2d 842 (2019).

This section warrants restitution where the offense results in damage, destruction, or loss of property. State v. McBride, 27 Neb. App. 219, 927 N.W.2d 842 (2019).
Neb. Rev. Stat. § 29-1301.04 — NE Code / Chapter 29 / Section 29-1301.04
View Statute 29-1301.04
Status: in_force

(1) If a person uses an electronic communication device to commit any element of an offense, such person may be tried in the county where the electronic communication was initiated or where the electronic communication was received.

(2) For purposes of this section:

(a) Electronic communication has the same meaning as in section 28-1310 ; and

(b) Electronic communication device has the same meaning as in section 28-833 .

Laws 2021, LB500, § 2.
Neb. Rev. Stat. § 69-1210 — NE Code / Chapter 69 / Section 69-1210
View Statute 69-1210
Status: in_force

A licensee shall maintain a separate bank account for the benefit of debtors in which all payments received from debtors for the benefit of creditors shall be deposited and in which all payments shall remain until a remittance is made to either the debtor, creditor, or the licensee for fees. Every licensee shall keep, and use in his business, books, accounts and records which will enable the secretary to determine whether such licensee is complying with the provisions of sections 69-1201 to 69-1217 and with the rules and regulations of the secretary. Every licensee shall preserve such books, accounts and records for at least five years after making the final entry on any transaction recorded therein.

Laws 1967, c. 377, § 10, p. 1183.
Neb. Rev. Stat. § 71-444 — NE Code / Chapter 71 / Section 71-444
View Statute 71-444
Status: in_force

(1) Any person may submit a complaint to the department and request investigation of an alleged violation of the Health Care Facility Licensure Act or rules and regulations adopted and promulgated under the act. The department shall review all complaints and determine whether to conduct an investigation. In making such determination, the department may consider factors such as:

(a) Whether the complaint pertains to a matter within the authority of the department to enforce;

(b) Whether the circumstances indicate that a complaint is made in good faith and is not malicious, frivolous, or vexatious;

(c) Whether the complaint is timely or has been delayed too long to justify present evaluation of its merit;

(d) Whether the complainant may be a necessary witness if action is taken and is willing to identify himself or herself and come forward to testify if action is taken; or

(e) Whether the information provided or within the knowledge of the complainant is sufficient to provide a reasonable basis to believe that a violation has occurred or to secure necessary evidence from other sources.

(2) A complaint submitted to the department shall be confidential. A person submitting a complaint shall be immune from criminal or civil liability of any nature, whether direct or derivative, for submitting a complaint or for disclosure of documents, records, or other information to the department.

Laws 2000, LB 819, § 44.