FrankGoortani/open-us-law huggingface dataset:
Neb. Rev. Stat. § 71-1921 — NE Code / Chapter 71 / Section 71-1921
View Statute 71-1921
Status: in_force

(1) In determining what type of disciplinary action to impose, the department shall consider:

(a) The gravity of the violation, including the probability that death or serious physical or mental harm will result, the severity of the actual or potential harm, and the extent to which the provisions of applicable statutes, rules, and regulations were violated;

(b) The diligence exercised by the program in identifying or correcting the violation;

(c) The degree of cooperation exhibited by the licensee in the identification, disclosure, and correction of the violation;

(d) Any previous violations committed by the program; and

(e) The financial benefit to the program of committing or continuing the violation.

(2) If the licensee fails to correct a violation or to comply with a particular type of disciplinary action, the department may take additional disciplinary action as described in section 71-1920 .

Laws 2004, LB 1005, § 84.
Neb. Rev. Stat. § 70-627 — NE Code / Chapter 70 / Section 70-627
View Statute 70-627
Status: in_force

Subject to the limitations of the petition for its creation and all amendments thereto, a public power district may own, construct, reconstruct, improve, purchase, lease, or otherwise acquire, extend, manage, use or operate any irrigation works, as defined in section 70-601 , either within or beyond, or partly within and partly beyond, the boundaries of the district, and any and every kind of property, personal or real, necessary, useful or incident to such acquisition, extension, management, use and operation, whether the same be independent of or in connection or conjunction with an electric light and power business, in whole or in part. In connection with the aforesaid powers, such district shall have the right and power to enter into any contract, lease, agreement or arrangement with any state, county, city, village, governmental or public corporation or association, or with any person, firm or corporation, public or private, or with the government of the United States, the Rural Electrification Administration, the Public Works Administration, or with any officer, department, bureau or agency thereof, or with any corporation organized under federal law, including the Reconstruction Finance Corporation, or any successor thereof, for the purpose of exercising or utilizing any one or more of the above enumerated powers, or for the sale, leasing, or otherwise furnishing or establishing, water rights, water supply, water service or water storage, for irrigation or flood control, or for the financing or payment of the cost and expenses incident to the construction, acquisition or operation of such irrigation works, or incident to any obligation or liability entered into or incurred by such district.

Laws 1933, c. 86, § 6, p. 346;

Laws 1937, c. 152, § 5, p. 583;

C.S.Supp.,1941, § 70-706;

Laws 1943, c. 146, § 3(3), p. 522;

R.S.1943, § 70-627.

Powers granted by this section are subject to limitations of petition for creation of district. Schroll v. City of Beatrice, 169 Neb. 162, 98 N.W.2d 790 (1959).

Powers granted by this section are subject to limitations of petition for creation of district. Schroll v. City of Beatrice, 169 Neb. 162, 98 N.W.2d 790 (1959).

District may acquire fee title to reservoir site. Burnett v. Central Neb. P. P. & I. Dist., 147 Neb. 458, 23 N.W.2d 661 (1946).

District may acquire fee title to reservoir site. Burnett v. Central Neb. P. P. & I. Dist., 147 Neb. 458, 23 N.W.2d 661 (1946).
Neb. Rev. Stat. § 14-408 — NE Code / Chapter 14 / Section 14-408
View Statute 14-408
Status: in_force

(1) The city council of a city of the metropolitan class may provide for the appointment of a zoning board of appeals consisting of five regular members. Two additional alternate members shall be appointed and designated as first alternate and second alternate members, either or both of whom may attend any meeting and may serve as voting and participating members of the zoning board of appeals with the authority of a regular board member at any time when less than the full number of regular board members is present and capable of voting. If both alternate members are present when only a single regular member is absent, the first alternate member shall serve for the balance of the meeting.

(2) Upon the expiration of the initial terms of such regular and alternate members, all members and alternates shall be appointed for a term of five years. The city council shall have the power to remove any regular or alternate member of the zoning board of appeals for cause and after public hearing. Vacancies shall be filled for the unexpired term of a regular or alternate member whose place has become vacant.

(3) All meetings of the zoning board of appeals shall be held at the call of the chairperson and at such other times as such board may determine. Such chairperson, or in his or her absence the acting chairperson, may administer oaths and compel the attendance of witnesses. All meetings of the zoning board of appeals shall be open to the public. The zoning board of appeals shall keep minutes of its proceedings, showing the vote of each member upon every question, or if absent or failing to vote, indicating such fact, and shall also keep records of its examinations and other official actions.

(4) Every rule or regulation, every amendment or repeal of such rule or regulation, and every order, requirement, decision, or determination of the zoning board of appeals shall immediately be filed in the office of such board and shall be a public record.

Laws 1925, c. 45, § 8, p. 181;

C.S.1929, § 14-411;

R.S.1943, § 14-408;

Laws 1974, LB 703, § 1;

Laws 2001, LB 179, § 1;

Laws 2022, LB800, § 138.

Board of appeals is vested with discretion in determination of matters within its province subject to court review for abuse of discretion. Peterson v. Vasak, 162 Neb. 498, 76 N.W.2d 420 (1956).

Board of appeals is vested with discretion in determination of matters within its province subject to court review for abuse of discretion. Peterson v. Vasak, 162 Neb. 498, 76 N.W.2d 420 (1956).

This section provides for the appointment of members of a zoning board of appeals, their tenure of office, meetings, hearings, and records. Roncka v. Fogarty, 152 Neb. 467, 41 N.W.2d 745 (1950).

This section provides for the appointment of members of a zoning board of appeals, their tenure of office, meetings, hearings, and records. Roncka v. Fogarty, 152 Neb. 467, 41 N.W.2d 745 (1950).
Neb. Rev. Stat. § 13-1409 — NE Code / Chapter 18 / Section 13-1409
13-1409
Status: in_force

The dock board shall have power to make general rules and regulations for the carrying out of the plans prepared and adopted by it for the building, rebuilding, repairing, alteration, maintaining, and operation of all structures, erections or artificial constructions upon or adjacent to the waterfront of the county or municipality, whether the same shall be done by the board or by others; and except as provided by the general rules of the board, no new structures or repairs upon or along said waterfront shall be undertaken, except upon application to the board and under permit by it and in accordance with the general plans of the board and in pursuance of specifications submitted to the board and approved by it upon such application. Said general rules and regulations shall be adopted by resolution and shall be recorded in the board's book of rules and regulations. Certified copies of said general rules and regulations, whenever adopted by the board, shall, forthwith upon their passage, be transmitted to the county clerk or the clerk of the municipality who shall cause the same to be transcribed at length in a book kept for that purpose. Upon filing any such certified copy of any such rules and regulations, the said clerk shall forthwith cause the same to be once published in some legal newspaper of general circulation published in the county or municipality, as the case may be, or if none is there published, then in the next nearest legal newspaper published in this state; and the said rules and regulations shall be in force and effect from and after the date of said publication.

Laws 1937, c. 37, § 3, p. 170;

C.S.Supp.,1941, § 18-2003;

R.S.1943, § 18-708;

Laws 1967, c. 84, § 7, p. 264;

R.S.1943, (1983), § 18-708.
Neb. Rev. Stat. § 38-804 — NE Code / Chapter 38 / Section 38-804
View Statute 38-804
Status: in_force

Board means the Board of Chiropractic.

Laws 2007, LB463, § 245.
Neb. Rev. Stat. § 37-719 — NE Code / Chapter 37 / Section 37-719
View Statute 37-719
Status: in_force

The commission and participating cooperators may provide to the owners of registered natural areas:

(1) Recognition for their participation in the register by appropriate publicity and the presentation of certificates or plaques;

(2) Advice on the proper management of the registered natural area to protect the biological features for which the area was registered; and

(3) Assistance in management or monitoring activities to maintain the natural heritage features of the registered natural area. Such activities may include, but shall not be limited to, taking a census of the population, vegetation control, and prescribed burning.

Laws 1989, LB 251, § 7;

R.S.1943, (1993), § 37-1406;

Laws 1998, LB 922, § 333.
Neb. Rev. Stat. § 29-2524 — NE Code / Chapter 29 / Section 29-2524
View Statute 29-2524
Status: in_force

Nothing in sections 25-1140.09 , 28-303 , 28-313 , and 29-2519 to 29-2546 shall be in any way deemed to repeal or limit existing procedures for automatic review of capital cases, nor shall they in any way limit the right of the Supreme Court to reduce a sentence of death to a sentence of life imprisonment in accordance with the provisions of section 29-2308 , nor shall they limit the right of the Board of Pardons to commute any sentence of death to a sentence of life imprisonment.

Laws 1973, LB 268, § 9;

Laws 1978, LB 748, § 23;

Laws 1978, LB 711, § 6;

Laws 2002, Third Spec. Sess., LB 1 § 16;

Laws 2011, LB12, § 5;

Laws 2015, LB268, § 35;

Referendum 2016, No. 426.

Note: The repeal of section 29-2524 by Laws 2015, LB 268, section 35, is not effective because of the vote on the referendum at the November 2016 general election.

Constitutional provisions:

Board of Pardons, see Article IV, section 13, Constitution of Nebraska.

Board of Pardons, see section 83-1,126 .

A person convicted of first degree murder in Nebraska is not eligible for the death penalty unless the State proves one or more of the statutory aggravators beyond a reasonable doubt. State v. Gales, 265 Neb. 598, 658 N.W.2d 604 (2003).

A person convicted of first degree murder in Nebraska is not eligible for the death penalty unless the State proves one or more of the statutory aggravators beyond a reasonable doubt. State v. Gales, 265 Neb. 598, 658 N.W.2d 604 (2003).
Neb. Rev. Stat. § 44-2611 — NE Code / Chapter 44 / Section 44-2611
View Statute 44-2611
Status: in_force

Pure risk shall mean any risk that involves the chance of loss or no loss only with no possibility of gain.

Laws 1980, LB 481, § 6.
Neb. Rev. Stat. § 19-1848 — NE Code / Chapter 19 / Section 19-1848
View Statute 19-1848
Status: in_force

(1) Any two or more cities of the first class which have civil service commissions may merge their commissions by an agreement.

(2) The agreement shall state the date of creation of the merged commission. Upon the date of creation of the merged commission, the existing commissions shall be dissolved without further action by the governing body. The dissolution of an existing commission and the resulting loss of authority by the members of the existing commissions shall not be deemed a removal from office under subsection (3) of section 19-1827 . Members of the existing commissions are eligible for appointment to the merged commission.

(3) The Civil Service Act shall be applicable to a merged commission except as provided in the following provisions:

(a) A merged commission shall consist of three, five, seven, or nine members, as provided in the agreement;

(b) Each city participating in the agreement shall appoint at least one member to the merged commission;

(c) Each member of such merged commission shall be a resident of one of the cities participating in the agreement for at least three years immediately preceding his or her appointment;

(d) The term of office of each member of the merged commission shall be as provided in the agreement, except that such term shall not exceed six years. The agreement may provide for staggered terms of office for the initial members of the merged commission;

(e) At the time of appointment, not more than four members of a seven-member commission nor more than five members of a nine-member commission shall be of the same political party; and

(f) The appointing authority for purposes of appointing members to the merged commission shall be as defined in the act. The agreement shall provide for the appointing authority for the purpose of exercising all other powers of the appointing authority as described in the act.

Laws 2010, LB943, § 3.
Neb. Rev. Stat. § 70-1028 — NE Code / Chapter 70 / Section 70-1028
View Statute 70-1028
Status: in_force

(1) If an electric transmission line has been approved for construction in a regional transmission organization transmission plan, the incumbent electric transmission owner of the existing electric transmission facilities to which the electric transmission line will connect shall give notice to the board, in writing, within ninety days after such approval, if it intends to construct, own, and maintain the electric transmission line. If no notice is provided, the incumbent electric transmission owner shall surrender its first right to construct, own, and maintain the electric transmission line and any other incumbent electric transmission owner may file an application for the electric transmission line under section 70-1012 . Within twenty-four months after such notice, the incumbent electric transmission owner shall file an application with the board pursuant to section 70-1012 .

(2) For purposes of this section:

(a) Electric transmission line means any line and related facilities connecting to existing electric transmission facilities for transmitting electric energy at a voltage of one hundred kilovolts or greater, other than a line solely for connecting an electric generation facility to facilities owned by an electric supplier; and

(b) Incumbent electric transmission owner means an entity that: (i) Is an electric supplier; (ii) is a member of a regional transmission organization; and (iii) owns and operates electric transmission lines at a voltage of one hundred kilovolts or greater.

Laws 2013, LB388, § 1;

Laws 2016, LB824, § 12.
Neb. Rev. Stat. § 30-2716 — NE Code / Chapter 30 / Section 30-2716
View Statute 30-2716
Status: in_force

In sections 30-2716 to 30-2733 :

(1) Account means a contract of deposit between a depositor and a financial institution, and includes a checking account, savings account, certificate of deposit, and share account.

(2) Agent means a person authorized to make account transactions for a party.

(3) Beneficiary means a person named as one to whom sums on deposit in an account are payable on request after death of all parties or for whom a party is named as trustee.

(4) Financial institution means an organization authorized to do business under state or federal laws relating to financial institutions, and includes a bank, trust company, savings bank, building and loan association, savings and loan company or association, and credit union.

(5) Multiple-party account means an account payable on request to one or more of two or more parties, whether or not a right of survivorship is mentioned.

(6) Party means a person who, by the terms of an account, has a present right, subject to request, to payment from the account other than as a beneficiary or agent.

(7) Payment of sums on deposit includes withdrawal, payment to a party or third person pursuant to check or other request, and a pledge of sums on deposit by a party, or a setoff, reduction, or other disposition of all or part of an account pursuant to a pledge.

(8) POD designation means the designation of (i) a beneficiary in an account payable on request to one party during the party's lifetime and on the party's death to one or more beneficiaries, or to one or more parties during their lifetimes and on death of all of them to one or more beneficiaries, or (ii) a beneficiary in an account in the name of one or more parties as trustee for one or more beneficiaries if the relationship is established by the terms of the account and there is no subject of the trust other than the sums on deposit in the account, whether or not payment to the beneficiary is mentioned.

(9) Receive, as it relates to notice to a financial institution, means receipt in the office or branch office of the financial institution in which the account is established, but if the terms of the account require notice at a particular place, in the place required.

(10) Request means a request for payment complying with all terms of the account, including special requirements concerning necessary signatures and regulations of the financial institution; but, for purposes of sections 30-2716 to 30-2733 , if terms of the account condition payment on advance notice, a request for payment is treated as immediately effective and a notice of intent to withdraw is treated as a request for payment.

(11) Sums on deposit means the balance payable on an account, including interest and dividends earned, whether or not included in the current balance, and any deposit life insurance proceeds added to the account by reason of death of a party.

(12) Terms of the account include the deposit agreement and other terms and conditions, including the form, of the contract of deposit.

Laws 1993, LB 250, § 2.
Neb. Rev. Stat. § 13-2023 — NE Code / Chapter 13 / Section 13-2023
View Statute 13-2023
Status: in_force

(1) A county, municipality, or agency may, by ordinance or resolution, adopt regulations governing collection, source separation, storage, transportation, transfer, processing, treatment, and disposal of solid waste within its solid waste jurisdiction area as necessary to protect the public health and welfare and the environment. Regulations authorized by this section shall be equal to or more stringent than the provisions of the Integrated Solid Waste Management Act and rules and regulations adopted and promulgated by the council as authorized by the act. Any person who violates any such regulation shall be subject to a noncompliance fee not to exceed five hundred dollars.

(2) A county, municipality, or agency shall not adopt, enforce, or otherwise administer an ordinance or resolution that prohibits the use of or that sets standards, fees, prohibitions, or requirements regarding the sale, use, or marketing of containers. This subsection shall not apply to county, municipality, or agency recycling or solid waste collection programs, or restrict such programs from the environmental and lawful operation of program facilities and imposition of user fees at such facilities, except that in no event shall such programs prohibit or have the effect of prohibiting the sale, use, or marketing of any containers.

Laws 1992, LB 1257, § 23;

Laws 2020, LB632, § 6.
Neb. Rev. Stat. § 57-1409 — NE Code / Chapter 57 / Section 57-1409
View Statute 57-1409
Status: in_force

Any party aggrieved by a final order of the commission regarding an application or assessment under the Major Oil Pipeline Siting Act, including, but not limited to, a decision relating to the public interest, may appeal. The appeal shall be in accordance with section 75-136 .

Laws 2011, First Spec. Sess., LB1, § 10;

Laws 2013, LB545, § 1.
Neb. Rev. Stat. § 46-235.04 — NE Code / Chapter 46 / Section 46-235.04
View Statute 46-235.04
Status: in_force

(1) Induced ground water recharge appropriations shall be administered in the same manner as prescribed by Chapter 46, article 2, for other appropriations. Appropriations for induced ground water recharge may be canceled and annulled as provided in sections 46-229.02 to 46-229.05 .

(2) The Chief Water Officer may approve the transfer of priority dates among water wells, including replacement water wells, located within a single well field that are subject to an induced recharge appropriation, or are part of an application for such an appropriation, to improve the well field's efficiency of operation with respect to river flow. The transfers shall be approved if the Chief Water Officer finds that (a) the transfers would not increase the quantity of induced ground water recharge under the original priority date or application, (b) the amount of water withdrawn from water wells under the original priority date or application would not increase, (c) the quantity of streamflow needed to sustain well field operation under the original priority date would decrease, (d) the transfer would not impair the rights of other appropriators, and (e) the transfer is in the public interest in the same manner as provided in section 46-235 . The Chief Water Officer may assign multiple priority dates to a single water well that replaces two or more water wells which are abandoned. Replacement water wells installed pursuant to this subsection must be installed within the same well field as the abandoned water well. Notice shall be furnished and any hearing held as provided in sections 46-291 and 46-292 . For purposes of this subsection, single well field means those contiguous tracts of land owned or leased by the applicant containing two or more water wells subject to induced recharge.

Laws 1993, LB 301, § 8;

Laws 1995, LB 871, § 2;

Laws 1997, LB 30, § 1;

Laws 2000, LB 900, § 110;

Laws 2004, LB 962, § 12;

Laws 2025, LB317, § 92.
Neb. Rev. Stat. § 38-1803.01 — NE Code / Chapter 38 / Section 38-1803.01
View Statute 38-1803.01
Status: in_force

Appropriate supervision means the specific type, intensity, and frequency of supervision determined by an assessment of a combination of factors, which include discipline, level of education and experience of the supervisee, and assigned level of responsibility.

Laws 2023, LB227, § 27.
Neb. Rev. Stat. § 37-1222 — NE Code / Chapter 37 / Section 37-1222
View Statute 37-1222
Status: in_force

The owner of any vessel already covered by a number in full force and effect which has been awarded to it pursuant to then operative federal law or a federally approved numbering system of another state shall register the number prior to operating the vessel on the waters of this state in excess of the sixty-day reciprocity period provided for in subdivision (1) of section 37-1249 . Such registration shall be in the manner and pursuant to the procedure required for the award of a number under sections 37-1214 to 37-1217 .

Laws 1978, LB 21, § 22.
Neb. Rev. Stat. § 18-2114 — NE Code / Chapter 19 / Section 18-2114
18-2114
Status: in_force

(1) The recommendation of a redevelopment plan by an authority to the governing body shall be accompanied by the recommendations, if any, of the planning commission or board concerning the redevelopment plan; a statement of the proposed method and estimated cost of the acquisition and preparation for redevelopment of the redevelopment project area and the estimated proceeds or revenue from its disposal to redevelopers; a statement of the proposed method of financing the redevelopment project; and a statement of a feasible method proposed for the relocation of families to be displaced from the redevelopment project area.

(2) This section shall not apply to a redevelopment plan that receives an expedited review under section 18-2155 .

Laws 1951, c. 224, § 6(7), p. 806;

R.R.S.1943, § 14-1614;

Laws 1961, c. 61, § 9, p. 236;

R.R.S.1943, § 19-2614;

Laws 2020, LB1021, § 8.