FrankGoortani/open-us-law huggingface dataset:
Neb. Rev. Stat. § 31-316 — NE Code / Chapter 31 / Section 31-316
View Statute 31-316
Status: in_force

The benefits to public streets and highways, railroad property, right-of-way and roadbed, shall be assessed according to the increased efficiency and value added thereto by reason of, and the protection derived from, the aforesaid drainage works and improvements.

Laws 1905, c. 161, § 9, p. 614;

Laws 1909, c. 147, § 3, p. 510;

R.S.1913, § 1811;

C.S.1922, § 1758;

C.S.1929, § 31-415;

R.S.1943, § 31-316.

Benefits accruing to railroad by drainage of flood waters may be assessed by drainage district. Rudersdorf Drainage District v. Chicago, R. I. & P. Ry. Co., 118 Neb. 43, 223 N.W. 639 (1929); Missouri Pacific Railroad Company v. Drainage District No. 5 of Richardson County, 110 Neb. 762, 195 N.W. 113 (1923).

Benefits accruing to railroad by drainage of flood waters may be assessed by drainage district. Rudersdorf Drainage District v. Chicago, R. I. & P. Ry. Co., 118 Neb. 43, 223 N.W. 639 (1929); Missouri Pacific Railroad Company v. Drainage District No. 5 of Richardson County, 110 Neb. 762, 195 N.W. 113 (1923).
Neb. Rev. Stat. § 36-813 — NE Code / Chapter 36 / Section 36-813
View Statute 36-813
Status: in_force

Unless displaced by the provisions of the Uniform Voidable Transactions Act, the principles of law and equity, including the law merchant and the law relating to principal and agent, estoppel, laches, fraud, misrepresentation, duress, coercion, mistake, insolvency, or other validating or invalidating cause, supplement its provisions.

Laws 2019, LB70, § 13.
Neb. Rev. Stat. § 70-1422 — NE Code / Chapter 70 / Section 70-1422
View Statute 70-1422
Status: in_force

Sections 70-1401 to 70-1421 shall be deemed to provide an additional, alternative, and complete method for the doing of the things authorized thereby and shall be deemed and construed to be supplemental and additional to powers conferred by existing laws, and shall not be regarded as in degradation of any powers not existing, except that insofar as provisions of sections 70-1401 to 70-1423 are inconsistent with the provisions of any other special or local law, the provisions of sections 70-1401 to 70-1423 shall be controlling. Nothing in sections 70-1401 to 70-1423 shall be construed to authorize the issuance of the bonds for the purpose of financing facilities to be owned wholly or in part by any private corporation.

Laws 1982, LB 852, § 22.
Neb. Rev. Stat. § 44-1523 — NE Code / Chapter 44 / Section 44-1523
View Statute 44-1523
Status: in_force

For purposes of the Unfair Insurance Trade Practices Act:

(1) Customer means an individual who purchases, applies to purchase, or is solicited to purchase an insurance product primarily for personal, family, or household purposes;

(2) Department means the Department of Insurance;

(3) Director means the Director of Insurance;

(4) Health insurance lead generator means a person that utilizes a lead generating device to (a) publicize the availability of what is, or what purports to be, a health insurance product or service that the person is not licensed to sell directly to a customer, (b) identify a customer who may want to learn about a health insurance product, or (c) sell or transmit customer information to an insurer or producer for follow-up contact and sales activity;

(5) Insured means the party named on a policy or certificate as the individual with legal rights to the benefits provided by such policy or certificate;

(6) Insurer means any person, reciprocal exchange, interinsurer, Lloyds-type insurer or other similar group which includes an incorporated and individual unincorporated underwriter, a fraternal benefit society, or other legal entity engaged in the business of insurance, including an agent, a broker, an insurance consultant, an adjuster, or a third-party administrator. Insurer also includes a health maintenance organization, a prepaid limited health service organization, and a dental, optometric, or other similar health service plan. For purposes of the Unfair Insurance Trade Practices Act, all such insurers shall be deemed to be engaged in the business of insurance;

(7) Lead generating device means a communication directed to the public that, regardless of form, content, or stated purpose, is intended to result in the compilation or qualification of a list containing names and other personal information to be used to solicit residents of this state for the purchase of what is, or what purports to be, a health insurance product or service;

(8) Person means a natural or artificial entity, including, but not limited to, an individual, a partnership, a limited liability company, an association, a trust, or a corporation, including a health insurance lead generator operating as a natural or artificial entity;

(9) Policy or certificate means any contract of insurance, indemnity, suretyship, or annuity issued, proposed for issuance, or intended for issuance by an insurer; and

(10) Recording means an audio reproduction of sales and verification of calls, including virtual technology calls, in its entirety, used in the marketing of insurance.

Laws 1973, LB 349, § 2;

Laws 1989, LB 92, § 173;

Laws 1991, LB 234, § 5;

Laws 1993, LB 121, § 230;

Laws 1994, LB 978, § 21;

Laws 2025, LB326, § 1.
Neb. Rev. Stat. § 44-916 — NE Code / Chapter 44 / Section 44-916
View Statute 44-916
Status: in_force

(1) On and after January 1, 2003, a licensee shall not disclose nonpublic personal health information about a consumer or customer unless an authorization is obtained from the consumer or customer whose nonpublic personal health information is sought to be disclosed.

(2) Nothing in this section shall prohibit, restrict, or require an authorization for the disclosure of nonpublic personal health information by a licensee for the performance of the following insurance functions by or on behalf of the licensee: (a) Claims administration; (b) claims adjustment and management; (c) detection, investigation, or reporting of actual or potential fraud, misrepresentation, or criminal activity; (d) underwriting; (e) policy placement or issuance; (f) loss control; (g) ratemaking and guaranty fund functions; (h) reinsurance and excess loss insurance; (i) risk management; (j) case management; (k) disease management; (l) quality assurance; (m) quality improvement; (n) performance evaluation; (o) provider credentialing verification; (p) utilization review; (q) peer review activities; (r) actuarial, scientific, medical, or public policy research; (s) grievance procedures; (t) internal administration of compliance, managerial, and information systems; (u) policyholder service functions; (v) auditing; (w) reporting; (x) database security; (y) administration of consumer disputes and inquiries; (z) external accreditation standards; (aa) the replacement of a group benefit plan or workers' compensation policy or program; (bb) activities in connection with a sale, merger, transfer, or exchange of all or part of a business or operating unit; (cc) any activity that permits disclosure without authorization pursuant to the federal Health Insurance Portability and Accountability Act privacy rules promulgated by the United States Department of Health and Human Services; (dd) disclosure that is required, or is one of the lawful or appropriate methods, to enforce the licensee's rights or the rights of other persons engaged in carrying out a transaction or providing a product or service that a consumer requests or authorizes; (ee) any activity otherwise permitted by law, required pursuant to governmental reporting authority, or to comply with legal process; and (ff) additional insurance functions as may be approved by adoption and promulgation of rules and regulations of the director to the extent they are necessary for appropriate performance of insurance functions and are fair and reasonable to the interest of consumers.

Laws 2001, LB 52, § 16.
Neb. Rev. Stat. § 67-261 — NE Code / Chapter 67 / Section 67-261
View Statute 67-261
Status: in_force

The profits and losses of a limited partnership shall be allocated among the partners, and among classes or groups of partners, in the manner provided in the partnership agreement. If the partnership agreement does not so provide, profits and losses shall be allocated on the basis of the agreed value, as stated in the records of the limited partnership, of the contributions made by each partner to the extent they have been received by the limited partnership and have not been returned.

Laws 1981, LB 272, § 29;

Laws 1989, LB 482, § 35.
Neb. Rev. Stat. § 79-1148 — NE Code / Chapter 43 / Section 79-1148
79-1148
Status: in_force

The department is authorized to set up one or more statewide regional networks, approved schools, or centers for children with disabilities. Any such regional network, school, or center may offer residential facilities or services for such children, and such services shall be under the control and supervision of the department.

Laws 1957, c. 388, § 1, p. 1347;

R.R.S.1943, § 83-246;

Laws 1961, c. 209, § 1, p. 624;

Laws 1972, LB 690, § 9;

Laws 1978, LB 871, § 28;

R.S.1943, (1984), § 43-617;

Laws 1987, LB 367, § 37;

R.S.1943, (1994), § 79-3337;

Laws 1996, LB 900, § 830;

Laws 1997, LB 346, § 34;

Laws 1999, LB 813, § 46;

Laws 2009, LB549, § 41;

Laws 2019, LB675, § 36.
Neb. Rev. Stat. § 48-1234 — NE Code / Chapter 48 / Section 48-1234
View Statute 48-1234
Status: in_force

(1) The Commissioner of Labor shall issue a citation to an employer when an investigation reveals that the employer may have violated the Nebraska Wage Payment and Collection Act, other than a violation of subsection (2) of section 48-1230 .

(2) When a citation is issued, the commissioner shall notify the employer of the proposed administrative penalty, if any, by certified mail or any other manner of delivery by which the United States Postal Service can verify delivery or by any method of service recognized under Chapter 25, article 5. The administrative penalty shall be not more than five hundred dollars in the case of a first violation and not more than five thousand dollars in the case of a second or subsequent violation.

(3) The employer has fifteen working days after the date of the citation or penalty to contest such citation or penalty. Notice of contest shall be sent to the commissioner who shall provide a hearing in accordance with the Administrative Procedure Act.

(4) Any employer who has an unpaid citation for a violation of the Nebraska Wage Payment and Collection Act shall be barred from contracting with the state or any political subdivision until such citation is paid. If a citation has been contested as described in subsection (3) of this section, it shall not be considered an unpaid citation under this subsection until after such contest has been resolved.

(5) Citations issued under this section and the names of employers who have been issued a citation shall be made available to the public upon request, except that this subsection shall not apply to any citations that are being contested as described in subsection (3) of this section.

Laws 2014, LB560, § 3;

Laws 2019, LB359, § 7;

Laws 2020, LB1016, § 5.

Administrative Procedure Act, see section 84-920 .
Neb. Rev. Stat. § 38-1025 — NE Code / Chapter 71 / Section 38-1025
38-1025
Status: in_force

Esthetician means a person licensed under the Cosmetology, Electrology, Esthetics, Nail Technology, and Body Art Practice Act to perform all of the practices of esthetics.

Laws 1986, LB 318, § 18;

Laws 2002, LB 241, § 8;

R.S.1943, (2003), § 71-357;

Laws 2007, LB463, § 287.
Neb. Rev. Stat. § 2-3607 — NE Code / Chapter 2 / Section 2-3607
View Statute 2-3607
Status: in_force

Commercial channels shall mean the sale of corn for any use, to any commercial buyer, dealer, processor, cooperative, or to any person, public or private, who resells any corn or product produced from corn.

Laws 1978, LB 639, § 7.
Neb. Rev. Stat. § 23-1219 — NE Code / Chapter 23 / Section 23-1219
View Statute 23-1219
Status: in_force

When it comes to the attention of the commission that a county attorney or deputy county attorney has not fulfilled the required number of hours of annual mandatory continuing legal education, including instruction providing a working knowledge of electronic speed measurement principles and instruction on the investigation and prosecution of crimes against children, required by section 23-1217 , it shall investigate such failure to comply in order to determine whether or not such failure was willful or negligent. If the commission determines that the failure to comply was willful or negligent, it shall refer the matter to the Attorney General for action under section 23-1220 . If the commission determines that the failure to comply was not willful or negligent, it shall permit the county attorney or deputy county attorney to make up all outstanding hours of continuing legal education, including instruction providing a working knowledge of electronic speed measurement principles and instruction on the investigation and prosecution of crimes against children. In doing so, the commission shall establish a deadline by which such hours must be undertaken and completed. In making up any outstanding hours of continuing legal education, including instruction providing a working knowledge of electronic speed measurement principles and instruction on the investigation and prosecution of crimes against children under this section, such hours shall be in addition to those hours which are annually required under section 23-1217 .

Laws 1980, LB 790, § 8;

Laws 1990, LB 1246, § 5.
Neb. Rev. Stat. § 37-718 — NE Code / Chapter 37 / Section 37-718
View Statute 37-718
Status: in_force

The commission may enter into contracts, memoranda of understanding, or cooperative agreements with the participating cooperators to jointly conduct or act as the agent for the commission in landowner contact and other operations relating to the register.

Laws 1989, LB 251, § 6;

R.S.1943, (1993), § 37-1405;

Laws 1998, LB 922, § 332.
Neb. Rev. Stat. § 24-301 — NE Code / Chapter 24 / Section 24-301
View Statute 24-301
Status: in_force

No person shall be eligible to the office of district judge in any district unless he or she:

(1) Is at least thirty years of age;

(2) Is a citizen of the United States;

(3) Has been engaged in the practice of law in the State of Nebraska for at least five years, which may include prior service as a judge;

(4) Is currently admitted to practice before the Nebraska Supreme Court; and

(5) Is, on the effective date of appointment, a resident of the district to be served, and remains a resident of such district during the period of service.

This section and sections 24-202 , 24-505.01 , 43-2,118 , 48-153 , and 48-153.01 shall not apply to a person serving as a district judge on August 24, 1979, who continues to serve as a district judge after such effective date.

Laws 1879, § 23, p. 87;

R.S.1913, § 1160;

C.S.1922, § 1083;

C.S.1929, § 27-301;

R.S.1943, § 24-301;

Laws 1979, LB 237, § 2.
Neb. Rev. Stat. § 67-402 — NE Code / Chapter 67 / Section 67-402
View Statute 67-402
Status: in_force

For purposes of the Uniform Partnership Act of 1998:

(1) Business includes every trade, occupation, and profession;

(2) Debtor in bankruptcy means a person who is the subject of:

(a) An order for relief under Title 11 of the United States Code or a comparable order under a successor statute of general application; or

(b) A comparable order under federal, state, or foreign law governing insolvency;

(3) Distribution means a transfer of money or other property from a partnership to a partner in the partner's capacity as a partner or to the partner's transferee;

(4) Foreign limited liability partnership means a partnership that:

(a) Is formed under laws other than the laws of this state; and

(b) Has the status of a limited liability partnership under those laws;

(5) Limited liability partnership means a partnership that has filed a statement of qualification under section 67-454 and does not have a similar statement in effect in any other jurisdiction;

(6) Partnership means an association of two or more persons to carry on as co-owners a business for profit formed under section 67-410 , predecessor law, or comparable law of another jurisdiction;

(7) Partnership agreement means the agreement, whether written, oral, or implied, among the partners concerning the partnership, including amendments to the partnership agreement;

(8) Partnership at will means a partnership in which the partners have not agreed to remain partners until the expiration of a definite term or the completion of a particular undertaking;

(9) Partnership interest or partner's interest in the partnership means all of a partner's interests in the partnership, including the partner's transferable interest and all management and other rights;

(10) Person means an individual, corporation, limited liability company, business trust, estate, trust, partnership, association, joint venture, government, governmental subdivision, agency, or instrumentality, or any other legal or commercial entity;

(11) Property means all property, real, personal, or mixed, tangible or intangible, or any interest therein;

(12) State means a state of the United States, the District of Columbia, the Commonwealth of Puerto Rico, or any territory or insular possession subject to the jurisdiction of the United States;

(13) Statement means a statement of partnership authority under section 67-415 , a statement of denial under section 67-416 , a statement of dissociation under section 67-437 , a statement of dissolution under section 67-443 , a statement of merger under section 67-452 , a statement of qualification under section 67-454 , a statement of foreign qualification under section 67-458 , or an amendment or cancellation of any of the foregoing; and

(14) Transfer includes an assignment, conveyance, lease, mortgage, deed, and encumbrance.

Laws 1997, LB 523, § 2.
Neb. Rev. Stat. § 60-179 — NE Code / Chapter 60 / Section 60-179
View Statute 60-179
Status: in_force

A person commits a Class IV felony if he or she (1) forges any certificate of title or manufacturer's or importer's certificate to a vehicle, any assignment of either certificate, or any cancellation of any lien on a vehicle, (2) holds or uses such certificate, assignment, or cancellation knowing the same to have been forged, (3) procures or attempts to procure a certificate of title to a vehicle or passes or attempts to pass a certificate of title or any assignment thereof to a vehicle, knowing or having reason to believe that such vehicle has been stolen, (4) sells or offers for sale in this state a vehicle on which the motor number or manufacturer's serial number has been destroyed, removed, covered, altered, or defaced with knowledge of the destruction, removal, covering, alteration, or defacement of such motor number or manufacturer's serial number, (5) knowingly uses a false or fictitious name, knowingly gives a false or fictitious address, knowingly makes any false statement in any application or affidavit required under the Motor Vehicle Certificate of Title Act or in a bill of sale or sworn statement of ownership, or (6) otherwise knowingly commits a fraud in any application for a certificate of title.

Laws 2005, LB 276, § 79.

There is no legal requirement that a lien be noted on a certificate of title purportedly covering property not subject to the Certificate of Title Act, even though a certificate of title for such property has been issued. Cushman Sales & Service of Nebraska, Inc. v. Muirhead, 201 Neb. 495, 268 N.W.2d 440 (1978).

There is no legal requirement that a lien be noted on a certificate of title purportedly covering property not subject to the Certificate of Title Act, even though a certificate of title for such property has been issued. Cushman Sales & Service of Nebraska, Inc. v. Muirhead, 201 Neb. 495, 268 N.W.2d 440 (1978).

Although making a false affidavit was a crime, it would not have been effective in obtaining a certificate of title had holder of certificate recorded its lien. First Nat. Bank v. Provident Finance Co., 176 Neb. 45, 125 N.W.2d 78 (1963).

Although making a false affidavit was a crime, it would not have been effective in obtaining a certificate of title had holder of certificate recorded its lien. First Nat. Bank v. Provident Finance Co., 176 Neb. 45, 125 N.W.2d 78 (1963).
Neb. Rev. Stat. § 18-1902 — NE Code / Chapter 19 / Section 18-1902
18-1902
Status: in_force

The plumbing board shall organize by selecting one member as chairperson. The plumbing inspector shall be the secretary of the board. It shall be the duty of the secretary to keep full, true, and correct minutes and records of all licenses issued by the plumbing board, together with their kinds and dates, and the names of the persons to whom issued, in books to be provided by such city or village for that purpose, which books and records shall be open for free inspection by all persons during business hours.

Laws 1901, c. 21, § 2, p. 322;

R.S.1913, § 5275;

C.S.1922, § 4498;

C.S.1929, § 19-302;

R.S.1943, § 19-302;

Laws 1961, c. 57, § 2, p. 211;

Laws 2020, LB107, § 2;

Laws 2021, LB163, § 122.
Neb. Rev. Stat. § 39-1315.01 — NE Code / Chapter 39 / Section 39-1315.01
View Statute 39-1315.01
Status: in_force

No road or highway shall be removed from the state highway system until a minimum of three years after such road or highway has been improved with a surface of concrete, asphalt, or material of similar quality, covering at least two traffic lanes, and then only after a determination that traffic along such road or highway is insufficient to justify retention of it as part of the state highway system. The provisions of this section shall not be construed to apply to (1) the relocation of a road or highway pursuant to subsection (2) of section 39-1309 , (2) temporary detours or detours designated pursuant to section 39-1309.01 , or (3) roads which are removed from the state highway system and added to a county road system or municipal street system pursuant to a contract or agreement between the department and the affected county or municipality. Such a contract or agreement shall not be canceled or amended unless agreed to by all parties to such contract or agreement.

Laws 1969, c. 307, § 1, p. 1098;

Laws 1981, LB 285, § 6;

Laws 1993, LB 62, § 1.
Neb. Rev. Stat. § 43-2605 — NE Code / Chapter 43 / Section 43-2605
View Statute 43-2605
Status: in_force

For purposes of the Quality Child Care Act:

(1) Child care shall mean the care and supervision of children in lieu of parental care and supervision and shall include programs; and

(2) Programs shall mean the programs listed in subdivision (2) of section 71-1910 .

Laws 1991, LB 836, § 5;

Laws 1995, LB 401, § 5;

Laws 2007, LB296, § 148.
Neb. Rev. Stat. § 37-494 — NE Code / Chapter 37 / Section 37-494
View Statute 37-494
Status: in_force

Whenever a license is issued to any person and the holder thereof violates or is found guilty of a violation of any of the provisions of sections 37-484 to 37-496 or of any misrepresentation in obtaining such license, the license so issued to such a person may be revoked by the commission, and the secretary of the commission may, in his or her discretion, refuse to issue any license to such person for the period of one year thereafter.

Laws 1957, c. 152, § 12, p. 496;

R.S.1943, (1993), § 37-912;

Laws 1998, LB 922, § 204.
Neb. Rev. Stat. § 19-5705 — NE Code / Chapter 19 / Section 19-5705
View Statute 19-5705
Status: in_force

The Department of Economic Development shall:

(1) Create an application process for an eligible grantee to apply for a grant under the Municipality Infrastructure Aid Act;

(2) Establish a process for awarding grants under the Municipality Infrastructure Aid Act and how grant money will be provided to a grant recipient; and

(3) Create a process for recoupment of grant money that is not spent for the purpose of a grant or if the grant recipient does not meet all required obligations regarding the grant.

Laws 2024, LB600, § 5.