FrankGoortani/open-us-law huggingface dataset:
Neb. Rev. Stat. § 30-2207 — NE Code / Chapter 30 / Section 30-2207
View Statute 30-2207
Status: in_force

In proceedings under this code the rules of evidence in courts of general jurisdiction, including any relating to simultaneous deaths, are applicable unless specifically displaced by the code. In addition, the following rules relating to determination of death and status are applicable:

(1) a certified or authenticated copy of a death certificate purporting to be issued by an official or agency of the place where the death purportedly occurred is prima facie proof of the fact, place, date and time of death and the identity of the decedent;

(2) a certified or authenticated copy of any record or report of a governmental agency, domestic or foreign, that a person is missing, detained, dead, or alive is prima facie evidence of the status and of the dates, circumstances and places disclosed by the record or report;

(3) a person who is absent for a continuous period of five years, during which he has not been heard from, and whose absence is not satisfactorily explained after diligent search or inquiry is presumed to be dead. His death is presumed to have occurred at the end of the period unless there is sufficient evidence for determining that death occurred earlier.

Laws 1974, LB 354, § 7, UPC § 1-107.

This section does not preclude the establishment of death by circumstantial evidence before the expiration of the 5-year statutory period. State v. Edwards, 278 Neb. 55, 767 N.W.2d 784 (2009).

This section does not preclude the establishment of death by circumstantial evidence before the expiration of the 5-year statutory period. State v. Edwards, 278 Neb. 55, 767 N.W.2d 784 (2009).

This section sets forth the evidence that can be used to prove the fact of death in proceedings under the Nebraska Probate Code, not the Nebraska Criminal Code. State v. Edwards, 278 Neb. 55, 767 N.W.2d 784 (2009).

This section sets forth the evidence that can be used to prove the fact of death in proceedings under the Nebraska Probate Code, not the Nebraska Criminal Code. State v. Edwards, 278 Neb. 55, 767 N.W.2d 784 (2009).
Neb. Rev. Stat. § 42-342 — NE Code / Chapter 42 / Section 42-342
View Statute 42-342
Status: in_force

Proof that a person obtaining a divorce from the bonds of matrimony in another jurisdiction was (1) domiciled in this state within twelve months prior to the commencement of the proceeding therefor, and resumed residence in this state within eighteen months after the date of his departure therefrom, or (2) at all times after his departure from this state, and until his return maintained a place of residence within this state, shall be prima facie evidence that the person was domiciled in this state when the divorce proceeding was commenced.

Laws 1949, c. 124, § 2, p. 331.

Rule as to prima facie evidence applied to Florida decree. Yost v. Yost, 161 Neb. 164, 72 N.W.2d 689 (1955).

Rule as to prima facie evidence applied to Florida decree. Yost v. Yost, 161 Neb. 164, 72 N.W.2d 689 (1955).
Neb. Rev. Stat. § 29-3604 — NE Code / Chapter 29 / Section 29-3604
View Statute 29-3604
Status: in_force

No person charged with a violation of section 60-6,196 or 60-6,197 shall be eligible for pretrial diversion under a program established pursuant to sections 29-3601 to 29-3603 and 29-3605 to 29-3609 .

Laws 1982, LB 568, § 4;

Laws 1993, LB 370, § 15;

Laws 2002, LB 1303, § 4.
Neb. Rev. Stat. § 8-331 — NE Code / Chapter 8 / Section 8-331
View Statute 8-331
Status: in_force

Every association shall adopt articles of incorporation and bylaws. A copy of the articles of incorporation and bylaws of every such association shall be filed in the office of the Department of Banking and Finance, together with an application for a certificate of approval and payment of the examination fee prescribed by section 8-602 . The application shall furnish and set forth facts and information desired by the Department of Banking and Finance. The department, upon completion of its investigations and its examination of the articles, bylaws, and application for certificate of approval, shall issue a certificate of approval of the association and articles of incorporation and bylaws, but no such certificate of approval shall be issued unless and until the department has determined:

(1) That the articles of incorporation and bylaws conform to the requirements of sections 8-301 to 8-384 and contain a just and equitable plan for the management of the association's business;

(2) That the persons organizing the association are of good character and responsibility;

(3) That in its judgment a need exists for such an institution in the community to be served;

(4) That there is a reasonable probability of its usefulness and success; and

(5) That the same can be established without undue injury to properly conducted existing local building and loan associations.

No such association shall transact any business, except the execution of its articles of incorporation, the adoption of bylaws, and the election of directors and officers, until it has procured a certificate of approval under this section. No amendment of the articles of incorporation or bylaws of any such association shall become operative until a copy of the amendment has been filed and a certificate of approval obtained under this section in regard to the original articles of incorporation and bylaws.

Laws 1899, c. 17, § 15, p. 92;

R.S.1913, § 500;

Laws 1919, c. 190, tit. V, art. XIX, § 16, p. 730;

C.S.1922, § 8098;

C.S.1929, § 8-136;

R.S.1943, § 8-331;

Laws 1949, c. 11, § 1, p. 72;

Laws 1957, c. 10, § 3, p. 130;

Laws 1978, LB 717, § 5;

Laws 2000, LB 932, § 10;

Laws 2005, LB 533, § 18.

Requirements hereof apply to application for branch office. First Fed. Sav. & Loan Assn. v. Department of Banking, 187 Neb. 562, 192 N.W.2d 736 (1971).

Requirements hereof apply to application for branch office. First Fed. Sav. & Loan Assn. v. Department of Banking, 187 Neb. 562, 192 N.W.2d 736 (1971).
Neb. Rev. Stat. § 14-1816 — NE Code / Chapter 14 / Section 14-1816
View Statute 14-1816
Status: in_force

No member of the board and no officer or employee of the authority shall have any private financial interest, profit, or benefit in any contract, work, or business of the authority and in the sale or lease of any property to or from the authority.

Laws 1957, c. 23, § 16, p. 171.
Neb. Rev. Stat. § 38-414 — NE Code / Chapter 38 / Section 38-414
View Statute 38-414
Status: in_force

The department shall establish and collect fees for initial licensure and renewal under the Athletic Training Practice Act as provided in sections 38-151 to 38-157 .

Laws 2007, LB463, § 186.
Neb. Rev. Stat. § 19-3327 — NE Code / Chapter 19 / Section 19-3327
View Statute 19-3327
Status: in_force

Any city of the primary class, city of the first class, or city of the second class, after the creation of an offstreet parking district pursuant to the Offstreet Parking District Act, shall have the power to own, purchase, construct, equip, lease, or operate within such city any offstreet parking facility in addition to any offstreet parking facility contemplated at the time of the creation of the district if the mayor and city council are of the opinion that the district will be benefited thereby. Whenever the city council deems it advisable to own, purchase, construct, equip, lease, or operate such additional facility, the city council shall by resolution set forth the engineer's estimate of the sum of money to be expended in the acquisition of property and the construction of the offstreet parking facility and a description of the facility to be constructed, and if such resolution proposes to acquire by grant, contract, or purchase or through condemnation any offstreet parking facility, the resolution shall state the price and conditions and how such facility shall be acquired, and if assessments are to be levied, the resolution shall state the proposed boundaries of the area in the district in which the special assessments shall be levied. Notice of the time and place of a hearing before the city council on such resolution shall be given by publication one time each week for two weeks in a legal newspaper in or of general circulation in the city. The publication shall contain the entire resolution. The last publication shall not be less than five days nor more than two weeks prior to the date set for such hearing. Not later than the hour set for the hearing, any owner or any person interested in any real property within the proposed area may file with the city clerk written objections to the resolution, the extent of the proposed area, or both, and every person so interested shall have a right to protest on any grounds and to object to his or her real property being included in the area. At such hearing all objections and protests shall be heard and passed upon by the mayor and city council. If the owners of record title representing more than sixty percent of the taxable valuation of all of the taxable real property included in such proposed area and who were such owners at the time the notice of hearing on objections to the creation of the facility was first published file a petition with the city clerk within three days of the date set for the hearing, such resolution shall not be passed.

Laws 1973, LB 540, § 6;

Laws 1975, LB 564, § 4;

Laws 1979, LB 187, § 89;

Laws 1992, LB 719A, § 89;

Laws 2019, LB193, § 206.

Downtown improvement and parking districts, see section 19-4038 .

Offstreet Parking District Act, see section 19-3301 .
Neb. Rev. Stat. § 28-712.02 — NE Code / Chapter 28 / Section 28-712.02
View Statute 28-712.02
Status: in_force

(1) For purposes of this section:

(a) Military family advocacy program means the program established by the United States Department of Defense and provided at a military installation to address child abuse and neglect in military families; and

(b) Military installation has the same meaning as in section 79-2201 .

(2) Upon receipt of a report of child abuse or neglect, and after the department has contacted the family of the identified victim and determined that the subject of the report is a member of a military family, the department shall notify the appropriate military installation with which it has a memorandum of understanding under subsection (3) of this section of the report and the nature of the allegations contained in the report.

(3) The department shall negotiate a memorandum of understanding with each military installation in Nebraska that has a military family advocacy program. The memorandum shall establish procedures and protocols for:

(a) Identifying the subject of a report of child abuse or neglect as a member of a military family;

(b) Sharing information as required by this section; and

(c) Maintaining confidentiality as required by state and federal law.

(4) The department may adopt and promulgate rules and regulations to carry out this section.

Laws 2025, LB80, § 32.
Neb. Rev. Stat. § 66-1818 — NE Code / Chapter 66 / Section 66-1818
View Statute 66-1818
Status: in_force

The commission shall have authority to examine and audit all accounts of jurisdictional utilities, and all items shall be allocated to the accounts prescribed by the commission. Every jurisdictional utility shall be required to keep and render its books, accounts, papers, and records accurately and truthfully in accordance with the system of accounts prescribed by the Federal Energy Regulatory Commission. All accounting information provided by jurisdictional utilities regarding Nebraska jurisdictional operations shall be presented in accordance with the system of accounts prescribed by the Federal Energy Regulatory Commission. The agents, accountants, or examiners hired or contracted by the Public Service Commission shall have authority under the direction of the commission to inspect and examine any and all relevant books, accounts, papers, records, property, and memoranda kept by such utilities.

Laws 2003, LB 790, § 18.
Neb. Rev. Stat. § 46-305 — NE Code / Chapter 46 / Section 46-305
View Statute 46-305
Status: in_force

Upon the filing of the data and certificates with the board of directors of the district, the board of directors and the other proper officers of the district shall submit the proposed plan and project to the qualified electors of the district for their approval or rejection, at a general election or at a special election called for that purpose, the submission of proposition and all matters pertaining to such election to conform, including notice of election, as nearly as may be, and except as otherwise expressly provided in sections 46-301 to 46-315 , to the provisions of law governing elections upon propositions for the issuance of bonds of the district. The report of the Chief Water Officer and all other data and information on file with the board of directors or the officers of the district shall be subject to inspection at all reasonable business hours by any elector of the district, or other interested persons, for the entire period during which notice of the election shall be published. Such question and proposition shall be thus submitted by ballots upon which shall appear, in a clear, fair, and concise manner, a statement of the nature and description of the proposed project, and, if such proposition includes the issuance of bonds of the district, there shall also appear upon the ballots a general description of such bonds, including principal amount, rate of interest and when payable, date of issuance, and date of maturity. At the bottom of the ballots substantially the following form shall appear:

FOR the adoption of the foregoing plan and project (and issuance of bonds of the district).

AGAINST the adoption of the foregoing plan and project (and the issuance of bonds of the district).

If a majority of the ballots cast on such proposition are in favor thereof, the board of directors shall declare the same adopted, and the board of directors of the district shall proceed forthwith to put such plan and project into effect, including the issuance of bonds of the district if included in the proposition submitted at the election, the levy and collection of taxes and assessments to pay such bonds and interest thereon, and the execution of all contracts proper or incident to the consummation of such plan and project.

Laws 1931, c. 91, § 5, p. 254;

C.S.Supp.,1941, § 46-705;

R.S.1943, § 46-305;

Laws 1971, LB 534, § 28;

Laws 2000, LB 900, § 163;

Laws 2025, LB317, § 148.

Issuance of bonds, election, see section 46-194 .
Neb. Rev. Stat. § 43-4613 — NE Code / Chapter 43 / Section 43-4613
View Statute 43-4613
Status: in_force

In sections 43-4613 to 43-4623 , close and substantial relationship means a relationship in which a significant bond exists between a child and a nonparent.

Laws 2015, LB219, § 13.
Neb. Rev. Stat. § 46-1639 — NE Code / Chapter 46 / Section 46-1639
View Statute 46-1639
Status: in_force

(1) No action shall be brought against the state, the Chief Water Officer, the department, or its agents or employees for the recovery of damages caused by the partial or total failure of any dam by reason of control and regulation thereof pursuant to the Safety of Dams and Reservoirs Act, including, but not limited to, any of the following:

(a) Design and construction application approval of the dam or approval of interim flood routing plans during construction, reconstruction, enlargement, alteration, breach, removal, or abandonment;

(b) The issuance or enforcement of orders relative to maintenance or operation of the dam;

(c) Control and regulation of the dam;

(d) Measures taken to protect against failure of the dam during an emergency, except for negligent acts of the department or the Chief Water Officer in assuming control of a dam during an emergency; or

(e) Failure to act.

(2) The Safety of Dams and Reservoirs Act does not relieve an owner or operator of a dam of the legal duties, obligations, or liabilities incident to the ownership or operation of the dam.

Laws 2005, LB 335, § 39;

Laws 2025, LB317, § 279.

The phrase "control and regulation" as used in this section means general authority over a dam. Angel v. Nebraska Dept. of Nat. Resources, 314 Neb. 1, 988 N.W.2d 507 (2023).

The phrase "control and regulation" as used in this section means general authority over a dam. Angel v. Nebraska Dept. of Nat. Resources, 314 Neb. 1, 988 N.W.2d 507 (2023).

The Safety of Dams and Reservoirs Act does not exclude from immunity any negligent conduct concerning control and regulation of a dam occurring prior to the effective date of the act. Angel v. Nebraska Dept. of Nat. Resources, 314 Neb. 1, 988 N.W.2d 507 (2023).

The Safety of Dams and Reservoirs Act does not exclude from immunity any negligent conduct concerning control and regulation of a dam occurring prior to the effective date of the act. Angel v. Nebraska Dept. of Nat. Resources, 314 Neb. 1, 988 N.W.2d 507 (2023).
Neb. Rev. Stat. § 45-704 — NE Code / Chapter 45 / Section 45-704
View Statute 45-704
Status: in_force

(1) Notwithstanding any other provision of the Residential Mortgage Licensing Act, no person exempt from licensing under section 45-703 who employs or enters into an independent agent agreement with an individual who is required to obtain a mortgage loan originator license in this state pursuant to section 45-727 shall act as a mortgage banker until such person has registered with the department.

(2) Any person required to register pursuant to subsection (1) of this section shall submit to the department a registration statement on a form prescribed by the department. The form shall contain such information as the department may prescribe as necessary or appropriate, including, but not limited to, (a) all addresses at which business is to be conducted, (b) the names and titles of each director and principal officer of the business, and (c) a description of the activities of the applicant in such detail as the department may require.

(3) The registration statement required in subsection (2) of this section shall be accompanied by a registration fee of two hundred dollars.

(4) The department shall acknowledge the registration by issuing to the registrant a receipt or other form of acknowledgment.

(5) A registrant shall maintain a surety bond as required by section 45-724 , submit mortgage reports of condition as required by section 45-726 , and comply with the requirements of section 45-735 pertaining to the employment of mortgage loan originators.

(6) A registration under this section shall not be assignable.

(7) After original registration, all registrations shall remain in full force and effect until the next succeeding December 31. Thereafter, a registration under this section may be renewed on an annual basis for a renewal fee of one hundred dollars.

(8)(a) If a registrant fails to maintain a surety bond as required by section 45-724 , the department may issue a notice of cancellation of the registration.

(b) If a registrant fails to renew his, her, or its registration as required by this section and does not voluntarily surrender the registration by delivering to the director written notice of the surrender, the department may issue a notice of expiration of the registration.

Laws 1989, LB 272, § 7;

Laws 1999, LB 396, § 32;

Laws 2003, LB 218, § 2;

Laws 2005, LB 533, § 51;

Laws 2008, LB851, § 21;

Laws 2009, LB328, § 6;

Laws 2010, LB892, § 6.
Neb. Rev. Stat. § 71-922 — NE Code / Chapter 71 / Section 71-922
View Statute 71-922
Status: in_force

(1) Mental health board proceedings shall be deemed to have commenced upon the earlier of (a) the filing of a petition under section 71-921 or (b) notification by the county attorney to the law enforcement officer who took the subject into emergency protective custody under section 71-920 or the administrator of the facility or jail having charge of the subject of his or her intention to file such petition. The county attorney shall file such petition as soon as reasonably practicable after such notification.

(2) A petition filed by the county attorney under section 71-921 may contain a request for the emergency protective custody and evaluation of the subject prior to commencement of a mental health board hearing pursuant to such petition with respect to the subject. Upon receipt of such request and upon a finding of probable cause to believe that the subject is mentally ill and dangerous as alleged in the petition, the court or chairperson of the mental health board may issue a warrant directing the sheriff to take custody of the subject. If the subject is already in emergency protective custody under a certificate filed under section 71-919 , a copy of such certificate shall be filed with the petition. The subject in such custody shall be held in the nearest appropriate and available medical facility and shall not be placed in a jail or other correctional facility except as required or authorized by subsection (2) of section 71-919 . Each county shall make arrangements with appropriate medical facilities inside or outside the county for such purpose and shall pay the cost of the emergency protective custody of persons from such county in such facilities.

(3) The petition and all subsequent pleadings and filings in the case shall be entitled In the Interest of ........, Alleged to be Mentally Ill and Dangerous. The county attorney may dismiss the petition at any time prior to the commencement of the hearing of the mental health board under section 71-924 , and upon such motion by the county attorney, the mental health board shall dismiss the petition.

Laws 1976, LB 806, § 36;

Laws 1981, LB 95, § 10;

Laws 2000, LB 884, § 9;

R.S.Supp.,2002, § 83-1026;

Laws 2004, LB 1083, § 42;

Laws 2005, LB 551, § 9;

Laws 2025, LB150, § 111.