FrankGoortani/open-us-law huggingface dataset:
Neb. Rev. Stat. § 28-916.01 — NE Code / Chapter 28 / Section 28-916.01
View Statute 28-916.01
Status: in_force

As used in this section and sections 28-915 , 28-915.01 , 28-919 , and 28-922 , unless the context otherwise requires:

(1) Administrative proceeding shall mean any proceeding, other than a judicial proceeding, the outcome of which is required to be based on a record or documentation prescribed by law, or in which law or regulation is particularized in application to individuals;

(2) Benefit shall mean gain or advantage, or anything regarded by the beneficiary as gain or advantage, including benefit to any other person or entity in whose welfare he or she is interested, but not an advantage promised generally to a group or class of voters as a consequence of public measures which a candidate engages to support or oppose;

(3) Government shall include any branch, subdivision, or agency of the government of the state or any locality within it;

(4) Harm shall mean loss, disadvantage, or injury, or anything so regarded by the person affected, including loss, disadvantage, or injury to any other person or entity in whose welfare he or she is interested;

(5) Pecuniary benefit shall mean benefit in the form of money, property, commercial interests, or anything else the primary significance of which is economic gain;

(6) Public servant shall mean any officer or employee of government, including legislators and judges, and any person participating as juror, advisor, consultant, or otherwise, in performing a governmental function, but the term shall not include witnesses;

(7) Official proceeding shall mean a proceeding heard or which may be heard before any legislative, judicial, administrative, or other governmental agency or official authorized to take evidence under oath, including any referee, hearing examiner, commissioner, notary, or other person taking testimony or deposition in connection with any such proceeding; and

(8) Statement shall mean any representation, but shall include a representation of opinion, belief, or other state of mind only if the representation clearly relates to state of mind apart from or in addition to any facts which are the subject of the representation.

Laws 1987, LB 451, § 2;

Laws 2019, LB496, § 1.

A proceeding is not made official by the formality with which it is conducted; instead, its officiality depends on its purpose and the authority from which it derives. Hence, a false sworn statement made for use in a pending judicial proceeding was considered to have been made in connection with an official proceeding for purposes of subornation of perjury. State v. Meehan, 7 Neb. App. 639, 585 N.W.2d 459 (1998).

A proceeding is not made official by the formality with which it is conducted; instead, its officiality depends on its purpose and the authority from which it derives. Hence, a false sworn statement made for use in a pending judicial proceeding was considered to have been made in connection with an official proceeding for purposes of subornation of perjury. State v. Meehan, 7 Neb. App. 639, 585 N.W.2d 459 (1998).
Neb. Rev. Stat. § 48-415 — NE Code / Chapter 48 / Section 48-415
View Statute 48-415
Status: in_force

Any person in interest, or his duly authorized agent, may file a petition with the Commissioner of Labor for a review of the validity or reasonableness of any code, order, rule or standard made under the provisions of section 48-412 . The commissioner shall, as soon as practicable thereafter, hold a hearing to determine the issues raised, and shall give ample notice of the time and place of such hearing to the petitioner, and to such other interested persons as the commissioner may determine.

Laws 1929, c. 138, § 1, p. 493;

C.S.1929, § 48-412;

R.S.1943, § 48-415;

Laws 1969, c. 400, § 4, p. 1392.
Neb. Rev. Stat. § 68-940.01 — NE Code / Chapter 68 / Section 68-940.01
View Statute 68-940.01
Status: in_force

The State Medicaid Fraud Control Unit Cash Fund is created. The fund shall be maintained by the Department of Justice and administered by the Attorney General. The fund shall consist of any recovery for the state's costs and attorney's fees received pursuant to subdivision (2)(b) of section 68-940 and sections 68-936 and 68-939 , except criminal penalties, whether such recovery is by way of verdict, judgment, compromise, or settlement in or out of court, or other final disposition of any case or controversy under such subdivision or sections. Money in the fund shall be used to pay the salaries and related expenses of the Department of Justice for the state medicaid fraud control unit.

The State Treasurer shall transfer five hundred thousand dollars from the State Medicaid Fraud Control Unit Cash Fund to the General Fund on or before June 30, 2018, on such dates and in such amounts as directed by the budget administrator of the budget division of the Department of Administrative Services.

Any money in the 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 2009, LB288, § 23;

Laws 2017, LB331, § 35.

Nebraska Capital Expansion Act, see section 72-1269 .

Nebraska State Funds Investment Act, see section 72-1260 .
Neb. Rev. Stat. § 54-907 — NE Code / Chapter 54 / Section 54-907
View Statute 54-907
Status: in_force

The Livestock Animal Welfare Act shall not apply to:

(1) Care or treatment of a livestock animal or other conduct by a veterinarian or veterinary technician licensed under the Veterinary Medicine and Surgery Practice Act that occurs within the scope of his or her employment, that occurs while acting in his or her professional capacity, or that conforms to commonly accepted veterinary practices;

(2) Euthanasia of a livestock animal or livestock animals as conducted by the owner or by his or her agent or a veterinarian upon the owner's request;

(3) Research activity carried on by any research facility currently meeting the standards of the federal Animal Welfare Act, 7 U.S.C. 2131 et seq., as such act existed on January 1, 2010;

(4) Commonly accepted animal welfare practices with respect to livestock animals and commercial livestock operations, including their transport from one location to another and nonnegligent actions taken by personnel or agents of the Department of Agriculture or the United States Department of Agriculture in the performance of duties prescribed by law;

(5) Commonly followed practices occurring in conjunction with the slaughter of animals for food or byproducts;

(6) Commonly accepted animal training practices; and

(7) Commonly accepted practices occurring in conjunction with sanctioned rodeos, animal racing, and pulling contests.

Laws 2010, LB865, § 7.

Veterinary Medicine and Surgery Practice Act, see section 38-3301 .
Neb. Rev. Stat. § 25-2185 — NE Code / Chapter 25 / Section 25-2185
View Statute 25-2185
Status: in_force

The same notice of sale shall be given as when lands are sold on execution by the sheriff, and the sale shall be conducted in like manner, except as to place of sale.

R.S.1867, Code § 817, p. 539;

R.S.1913, § 8300;

Laws 1917, c. 142, § 1, p. 328;

C.S.1922, § 9253;

C.S.1929, § 20-2185;

R.S.1943, § 25-2185.

Provisions for sale of property under execution, see sections 25-1527 to 25-1541 .

Appraisement is unnecessary. Schick v. Whitcomb, 68 Neb. 784, 94 N.W. 1023 (1903).

Appraisement is unnecessary. Schick v. Whitcomb, 68 Neb. 784, 94 N.W. 1023 (1903).
Neb. Rev. Stat. § 70-1610 — NE Code / Chapter 19 / Section 70-1610
70-1610
Status: in_force

Upon notice to the employee designated by the utility of any request for a conference by a domestic subscriber, the employee shall:

(1) Notify the domestic subscriber, in writing, of the time, place, and date scheduled for the conference; and

(2) Hold a conference within fourteen days of the receipt of the domestic subscriber's request. Such conference shall be informal and not governed by the Nebraska Evidence Rules. If the employee determines at the conference that the domestic subscriber did not receive proper notice or was denied any other right afforded under sections 70-1605 to 70-1615 , the employee shall recess and continue the conference at such time as the subscriber has been afforded his or her rights. Failure of a domestic subscriber to attend a scheduled conference shall relieve the utility of any further action prior to the discontinuance of service. If a domestic subscriber contacts the utility prior to the scheduled conference and demonstrates that failure to attend is for a legitimate reason, the utility shall make a reasonable effort to reschedule the conference.

Laws 1979, LB 143, § 8;

R.S.1943, (1987), § 19-2709;

Laws 1988, LB 792, § 10.

Nebraska Evidence Rules, see section 27-1103 .
Neb. Rev. Stat. § 23-3607 — NE Code / Chapter 23 / Section 23-3607
View Statute 23-3607
Status: in_force

Within forty-five days after the receipt of the notice provided for in section 23-3606 , each city or village shall file with the county clerk a map clearly delineating the proposed boundaries of the area of future growth and development of the city or village within the county as developed and approved by the governing body of the city or village.

Laws 1994, LB 1139, § 7.
Neb. Rev. Stat. § 57-505 — NE Code / Chapter 57 / Section 57-505
View Statute 57-505
Status: in_force

The use of a container by any person other than the person whose name, mark, initial, or device is or has been upon such container, without written consent or purchase of such marked and distinguished container, for the sale of liquefied petroleum gas or filling or refilling with liquefied petroleum gas, or the possession of such container by any person other than the person having his or her name, mark, initial, or other device thereon, without the consent of such owner, is presumptive evidence of the unlawful use, filling or refilling, or trafficking in of such container.

Laws 1951, c. 188, § 5, p. 697;

Laws 2001, LB 137, § 5.
Neb. Rev. Stat. § 32-822 — NE Code / Chapter 32 / Section 32-822
View Statute 32-822
Status: in_force

When voters are presented with more than one ballot on election day, the election commissioner, county clerk, or city or village clerk may number each class of ballots to identify the style, precinct, or number of split ballots for convenience in distributing and counting the ballots. No number shall be placed or printed upon a ballot to be recorded so as to be able to determine the identity of the person who voted such ballot.

Laws 1994, LB 76, § 243.
Neb. Rev. Stat. § 81-2033 — NE Code / Chapter 60 / Section 81-2033
81-2033
Status: in_force

In computing length of creditable service under the Nebraska State Patrol Retirement Act, such service shall include the years of service with the Nebraska State Patrol, permanent force, as established by the law creating the Nebraska State Patrol computed to the nearest one-twelfth year and shall only include such years during which the person was a contributing member of the Nebraska State Patrol Retirement System. Length of creditable service shall also include credit for time served in the armed forces pursuant to section 81-2034 . For subsection (2) of section 81-2031 only, service shall also include credit for vesting pursuant to sections 60-1304 , 81-2016 , and 81-2031.02 .

Laws 1947, c. 211, § 16, p. 692;

Laws 1969, c. 511, § 12, p. 2098;

R.S.1943, (1978), § 60-460;

Laws 1993, LB 724, § 17;

Laws 1995, LB 501, § 10;

Laws 1997, LB 624, § 34;

Laws 2002, LB 470, § 9.
Neb. Rev. Stat. § 2-2106 — NE Code / Chapter 2 / Section 2-2106
View Statute 2-2106
Status: in_force

The Director of Agriculture shall make reports to the Secretary of Agriculture of the United States, in such form, and containing such information, as the secretary may from time to time reasonably require. The Secretary of Agriculture of the United States, upon request, shall be given access to the records upon which such information is based.

Laws 1951, c. 4, § 6, p. 66.
Neb. Rev. Stat. § 20-305 — NE Code / Chapter 20 / Section 20-305
View Statute 20-305
Status: in_force

Commission shall mean the Equal Opportunity Commission.

Laws 1991, LB 825, § 6.
Neb. Rev. Stat. § 44-5708 — NE Code / Chapter 44 / Section 44-5708
View Statute 44-5708
Status: in_force

Controlled insurers and controlling producers who are not in compliance with section 44-5704 on January 1, 1993, shall have until March 1, 1993, to come into compliance and shall comply with section 44-5705 beginning with all policies written or renewed on or after March 1, 1993.

Laws 1992, LB 1006, § 75.
Neb. Rev. Stat. § 16-806 — NE Code / Chapter 16 / Section 16-806
View Statute 16-806
Status: in_force

The mayor and city council of a city of the first class may adopt by ordinance the proposition to make such purchase or to erect such facility or facilities as set forth in section 16-802 , and before the purchase can be made or facility created, the city council shall publish in a legal newspaper in or of general circulation in the city the location of the proposed offstreet motor vehicle parking facility or facilities, the proposed cost, and the total amount of the bonds to be issued. If the electors of such city, equal in number to five percent of the electors of such city voting at the last preceding general municipal election, file a written objection or objections to the proposed issuance of revenue bonds within sixty days after the adoption of such ordinance, the city council must submit the question to the electors of such city at a general municipal election or at a special election called for that purpose and be approved by a majority of the electors voting on such question. If the question is submitted at a special election, the vote for the purchase or acquisition of such real estate or the purchase or erection of such facility or facilities shall equal at least a majority of the votes cast at the last preceding general election. Notice of the time and place of the election shall be given by publication in a legal newspaper in or of general circulation in such city three successive weeks prior thereto.

Laws 1955, c. 35, § 6, p. 146;

Laws 1957, c. 27, § 1, p. 181;

Laws 2016, LB704, § 199.
Neb. Rev. Stat. § 21-171 — NE Code / Chapter 21 / Section 21-171
View Statute 21-171
Status: in_force

(RULLCA 1002) (a) A limited liability company may merge with one or more other constituent organizations pursuant to this section, sections 21-172 to 21-174 , and a plan of merger, if:

(1) the governing statute of each of the other organizations authorizes the merger;

(2) the merger is not prohibited by the law of a jurisdiction that enacted any of the governing statutes; and

(3) each of the other organizations complies with its governing statute in effecting the merger.

(b) A plan of merger must be in a record and must include:

(1) the name and form of each constituent organization;

(2) the name and form of the surviving organization and, if the surviving organization is to be created by the merger, a statement to that effect;

(3) the terms and conditions of the merger, including the manner and basis for converting the interests in each constituent organization into any combination of money, interests in the surviving organization, and other consideration;

(4) if the surviving organization is to be created by the merger, the surviving organization's organizational documents that are proposed to be in a record; and

(5) if the surviving organization is not to be created by the merger, any amendments to be made by the merger to the surviving organization's organizational documents that are, or are proposed to be, in a record.

Laws 2010, LB888, § 71.
Neb. Rev. Stat. § 8-818 — NE Code / Chapter 8 / Section 8-818
View Statute 8-818
Status: in_force

Except as provided in section 8-820 , no bank shall contract for or receive on or in connection with any personal loan a higher rate of interest than would otherwise be permitted by law, whether such rate is obtained by making charges on discounts without due allowance for partial repayments of principal, by taking deposits in lieu of repayments or by imposing fees or charges pretended to be for investigation, brokerage, service, other subterfuge or by any other device or means.

Laws 1965, c. 31, § 4, p. 214.
Neb. Rev. Stat. § 25-1521 — NE Code / Chapter 25 / Section 25-1521
View Statute 25-1521
Status: in_force

If the officer, by virtue of any writ of execution issued from any court of record in this state, shall levy the same on any goods and chattels claimed by any person other than the defendant, such officer shall give notice in writing to the court, in which shall be set forth the names of the plaintiff and defendant, together with the name of the claimant. At the same time such officer shall furnish the court with a schedule of the property claimed. Immediately upon the filing of such notice and schedule, the court shall determine the right of the claimant to the property in controversy.

R.S.1867, Code § 486, p. 474;

R.S.1913, § 8062;

C.S.1922, § 9003;

C.S.1929, § 20-1521;

R.S.1943, § 25-1521;

Laws 1972, LB 1032, § 131;

Laws 1973, LB 226, § 13;

Laws 2018, LB193, § 26.

Sheriff does not receive additional compensation for services under this section. Muinch v. Hull, 181 Neb. 571, 149 N.W.2d 527 (1967).

Sheriff does not receive additional compensation for services under this section. Muinch v. Hull, 181 Neb. 571, 149 N.W.2d 527 (1967).

Failure of sheriff to comply with this section, when property is claimed by third person, does not fix liability on sheriff. Miller v. Crosson, 131 Neb. 88, 267 N.W. 145 (1936).

Failure of sheriff to comply with this section, when property is claimed by third person, does not fix liability on sheriff. Miller v. Crosson, 131 Neb. 88, 267 N.W. 145 (1936).

Sheriff may bring suit hereunder to try claim to personal property attached by him. Leadabrand v. State, 121 Neb. 836, 238 N.W. 656 (1931).

Sheriff may bring suit hereunder to try claim to personal property attached by him. Leadabrand v. State, 121 Neb. 836, 238 N.W. 656 (1931).

An intervening claimant does not have a statutory right to a jury trial pursuant to the provisions of this section through section 25-1523. Eli's, Inc. v. Commercial Lithographing, Inc., 8 Neb. App. 752, 601 N.W.2d 795 (1999).

An intervening claimant does not have a statutory right to a jury trial pursuant to the provisions of this section through section 25-1523. Eli's, Inc. v. Commercial Lithographing, Inc., 8 Neb. App. 752, 601 N.W.2d 795 (1999).
Neb. Rev. Stat. § 44-1606.01 — NE Code / Chapter 44 / Section 44-1606.01
View Statute 44-1606.01
Status: in_force

(1) A policy may be issued to an association or to a trust or to the trustees of a fund established, created, or maintained for the benefit of members of one or more associations. The association or associations shall have at the outset a minimum of one hundred persons, shall have been organized and maintained in good faith for purposes other than that of obtaining insurance, shall have been in active existence for at least two years, and shall have a constitution and bylaws which provide that (a) the association or associations shall hold regular meetings not less than annually to further the purposes of the members, (b) except for credit unions, the association or associations shall collect dues or solicit contributions from members, and (c) the members shall have voting privileges and representation on the governing board and committees.

(2) The policy shall be subject to the following requirements:

(a) The policy may insure members of the association or associations, employees thereof or employees of members, or one or more of the preceding or all of any class or classes thereof for the benefit of persons other than the employee's employer;

(b) The premium for the policy shall be paid from funds contributed by the association or associations, by the employer members, or by both, or from funds contributed by the covered persons or from both the covered persons and the associations or employer members; and

(c) A policy on which no part of the premium is to be derived from funds contributed by the covered persons specifically for their insurance must insure all eligible persons, except those who reject the coverage in writing, or all except any as to whom evidence of individual insurability is not satisfactory to the insurer.

Laws 1957, c. 192, § 5, p. 675;

Laws 1967, c. 274, § 1, p. 739;

Laws 1972, LB 1189, § 1;

Laws 2008, LB855, § 13.

Where policy issued was not life policy but accident policy, insurer could deny certain coverage to wife of member. Simmons v. Continental Cas. Co., 410 F.2d 881 (8th Cir. 1969).

Where policy issued was not life policy but accident policy, insurer could deny certain coverage to wife of member. Simmons v. Continental Cas. Co., 410 F.2d 881 (8th Cir. 1969).
Neb. Rev. Stat. § 44-6501 — NE Code / Chapter 44 / Section 44-6501
View Statute 44-6501
Status: in_force

Sections 44-6501 to 44-6510 shall be known and may be cited as the Pet Insurance Act.

Laws 2023, LB296, § 1.
Neb. Rev. Stat. § 28-451 — NE Code / Chapter 28 / Section 28-451
View Statute 28-451
Status: in_force

No person shall possess anhydrous ammonia with the intent to manufacture methamphetamine. Any person who violates this section is guilty of a Class IV felony.

Laws 2001, LB 113, § 4.
Neb. Rev. Stat. § 38-143 — NE Code / Chapter 38 / Section 38-143
View Statute 38-143
Status: in_force

(1) The credential to engage in a business shall be renewed biennially upon request of the credentialed business and completion of the renewal requirements. The renewals provided for in this section shall be accomplished in such manner and on such date as the department, with the recommendation of the appropriate board, may establish. The request for renewal shall include all information required by the department and shall be accompanied by the renewal fee. Such fee shall be paid not later than the date of the expiration of such credential.

(2) At least thirty days before the expiration of a credential, the department shall notify each credentialed business at its last address of record. If a credentialed business fails to meet the renewal requirements on or before the date of expiration of the credential, the credential shall expire. When a credential expires, the right to operate the business shall terminate. A business which fails to renew its credential by the expiration date shall apply for and obtain another credential prior to operating the business.

Laws 2003, LB 242, § 15;

Laws 2004, LB 906, § 1;

Laws 2004, LB 1005, § 9;

R.S.Supp.,2006, § 71-110.01;

Laws 2007, LB463, § 43.
Neb. Rev. Stat. § 66-2214 — NE Code / Chapter 66 / Section 66-2214
View Statute 66-2214
Status: in_force

Subsection (2) of section 66-2211 shall not apply to a retail motor fuel site if all of the motor fuel storage tanks located at such site are listed with the State Fire Marshal as falling within one of the following categories:

(1) Each motor fuel storage tank not constructed of fiberglass was installed during or prior to 1985; or

(2) Each motor fuel storage tank constructed of fiberglass was installed during or prior to:

(a) For a double-wall fiberglass underground motor fuel storage tank, 1991; or

(b) For a single-wall fiberglass underground motor fuel storage tank, 1996.

Laws 2023, LB562, § 7.