FrankGoortani/open-us-law huggingface dataset:
Neb. Rev. Stat. § 14-2103 — NE Code / Chapter 14 / Section 14-2103
14-2103
Status: in_force

Whenever a metropolitan utilities district is extended to include sanitary and improvement districts, unincorporated area, towns, villages, or territory lying outside the corporate limits of cities of the metropolitan class or so extended as to include sanitary and improvement districts, unincorporated area, towns, or villages in an adjoining county or counties, then such sanitary and improvement districts, unincorporated area, towns, or villages shall have a right to participate in the nomination and in the election of members of the board of directors of the metropolitan utilities district. The election commissioner or county clerk of each of the counties in which ballots are cast pursuant to this section shall transmit, by mail or otherwise, to the Secretary of State, a copy of the abstract of the votes cast for members of the board of directors. The Secretary of State shall in due course deliver to the candidate receiving the highest number of votes a certificate of election as a member of the board of directors. All filings for such office shall be made with the Secretary of State.

Laws 1921, c. 109, § 1, p. 385;

C.S.1922, § 3748;

C.S.1929, § 14-1004;

R.S.1943, § 14-1004;

Laws 1961, c. 32, § 2, p. 152;

R.S.1943, (1991), § 14-1004;

Laws 1992, LB 746, § 3;

Laws 1994, LB 76, § 478;

Laws 2014, LB1014, § 2;

Laws 2019, LB411, § 19.

Election commissioner of Douglas County receives abstract of votes from clerks of adjoining counties as to officers of Metropolitan Utilities District. Barton v. City of Omaha, 180 Neb. 752, 145 N.W.2d 444 (1966).

Election commissioner of Douglas County receives abstract of votes from clerks of adjoining counties as to officers of Metropolitan Utilities District. Barton v. City of Omaha, 180 Neb. 752, 145 N.W.2d 444 (1966).
Neb. Rev. Stat. § 16-1022 — NE Code / Chapter 16 / Section 16-1022
View Statute 16-1022
Status: in_force

A firefighter shall be credited with all years of his or her service after August 7, 1965, for the purpose of determining vested retirement benefits under sections 16-1020 to 16-1038 .

Laws 1983, LB 531, § 3.
Neb. Rev. Stat. § 67-406 — NE Code / Chapter 67 / Section 67-406
View Statute 67-406
Status: in_force

(1) A statement may be filed in the office of the Secretary of State. A certified copy of a statement that is filed in an office in another state may be filed in the office of the Secretary of State. Either filing has the effect provided in the Uniform Partnership Act of 1998 with respect to partnership property located in or transactions that occur in this state.

(2) For transfers of real property, a certified copy of a statement that has been filed in the office of the Secretary of State and recorded in the office of the register of deeds has the effect provided for recorded statements in the act. A recorded statement that is not a certified copy of a statement filed in the office of the Secretary of State does not have the effect provided for recorded statements in the act.

(3) A statement filed by a partnership must be executed by at least two partners. Other statements must be executed by a partner or other person authorized by the act. An individual who executes a statement as, or on behalf of, a partner or other person named as a partner in a statement shall personally declare under penalty of perjury that the contents of the statement are accurate.

(4) A person authorized by the act to file a statement may amend or cancel the statement by filing an amendment or cancellation that names the partnership, identifies the statement, and states the substance of the amendment or cancellation.

(5) A person who files a statement pursuant to this section shall promptly send a copy of the statement to every nonfiling partner and to any other person named as a partner in the statement. Failure to send a copy of a statement to a partner or other person does not limit the effectiveness of the statement as to a person not a partner.

(6) The Secretary of State may collect a fee for filing or providing a certified copy of a statement as provided in section 67-462 . The register of deeds may collect a fee for recording a statement as provided in section 33-109 .

Laws 1997, LB 523, § 6.
Neb. Rev. Stat. § 38-135 — NE Code / Chapter 71 / Section 38-135
38-135
Status: in_force

Examinations for credentialing shall be held on such dates and at such times and places as set by the department or the organization approved by the appropriate board or the department. Special examinations may be given at the expense of the applicant and administered by the department or the organization specified by the department.

Laws 1927, c. 167, § 29, p. 461;

C.S.1929, § 71-405;

R.S.1943, § 71-129;

Laws 1984, LB 470, § 3;

Laws 1986, LB 926, § 14;

Laws 1990, LB 1064, § 4;

Laws 1996, LB 1108, § 7;

Laws 1999, LB 828, § 32;

R.S.1943, (2003), § 71-129;

Laws 2007, LB463, § 35.
Neb. Rev. Stat. § 30-4623 — NE Code / Chapter 30 / Section 30-4623
View Statute 30-4623
Status: in_force

If a powerholder makes an appointment to a taker in default of appointment and the appointee would have taken the property under a gift in default clause had the property not been appointed, the power of appointment is deemed not to have been exercised and the appointee takes under the clause.

Laws 2021, LB501, § 46.
Neb. Rev. Stat. § 23-3540 — NE Code / Chapter 23 / Section 23-3540
23-3540
Status: in_force

A petition seeking the withdrawal of land from such district signed by the legal voters in the area proposed for withdrawal equal in number to ten percent of the number of votes cast for Governor at the last general election may be filed with the board of directors. If the board finds that the portion of the district that would remain after such proposed withdrawal would have a minimum taxable valuation of eight million six hundred thousand dollars, it shall submit the question of withdrawal of such area to the legal voters of the district at the next annual hospital district election. If a majority of those voting on the question in the area sought to be withdrawn and a similar majority in the remaining portion of the district vote in favor of such withdrawal, the board of directors shall declare such area withdrawn and certify the altered boundaries of the district to the county board of the county in which the withdrawn area is located and of the county in which the greater portion of the district is located.

Laws 1959, c. 83, § 12, p. 378;

Laws 1972, LB 1048, § 1;

Laws 1979, LB 187, § 110;

R.S.1943, (1987), § 23-343.31;

Laws 1992, LB 719A, § 117.
Neb. Rev. Stat. § 21-218.08 — NE Code / Chapter 21 / Section 21-218.08
View Statute 21-218.08
Status: in_force

(MBCA 1.52) (a) Upon application by the corporation, any successor entity to the corporation, a director of the corporation, any shareholder, beneficial shareholder, or unrestricted voting trust beneficial owner of the corporation, including any such shareholder, beneficial shareholder, or unrestricted voting trust beneficial owner as of the date of the defective corporate action ratified under section 21-218.03 , or any other person claiming to be substantially and adversely affected by a ratification under section 21-218.03 , the court may:

(1) Determine the validity and effectiveness of any corporate action or defective corporate action;

(2) Determine the validity and effectiveness of any ratification under section 21-218.03 ;

(3) Determine the validity of any putative shares; and

(4) Modify or waive any of the procedures specified in section 21-218.03 or 21-218.04 to ratify a defective corporate action.

(b) In connection with an action under this section, the court may make such findings or orders, and take into account any factors or considerations, regarding such matters as it deems proper under the circumstances.

(c) Service of process of the application under subsection (a) of this section on the corporation may be made in any manner provided by statute of this state or by rule of the applicable court for service on the corporation, and no other party need be joined in order for the court to adjudicate the matter. In an action filed by the corporation, the court may require notice of the action be provided to other persons specified by the court and permit such other persons to intervene in the action.

(d) Notwithstanding any other provision of this section or otherwise under applicable law, any action asserting that the ratification of any defective corporate action and any putative shares issued as a result of such defective corporate action should not be effective, or should be effective only on certain conditions, shall be brought within one hundred twenty days of the validation effective time.

Laws 2020, LB808, § 10.
Neb. Rev. Stat. § 71-514.03 — NE Code / Chapter 71 / Section 71-514.03
View Statute 71-514.03
Status: in_force

(1) If a health care provider has a significant exposure to the blood or body fluid of a patient as determined and documented by a designated representative of the provider agency according to a written protocol:

(a) The patient shall be informed that he or she has the right to consent to the diagnostic testing of his or her body fluid for presence of an infectious disease or condition and that if the patient refuses to grant consent, such refusal shall be communicated to the health care provider;

(b) If the patient is unconscious or incapable of signing an informed consent form, the consent may be obtained from the patient's next of kin or legal guardian;

(c) If the patient or patient's next of kin or legal guardian refuses to grant consent for such testing and a sample of the patient's blood or other body fluid is available, the sample shall be tested for the presence of infectious disease or condition. If an available sample of blood or other body fluid is tested without consent, the patient or patient's next of kin or legal guardian shall be notified that the available sample is being tested and informed of the purpose of the test and test results. If the human immunodeficiency virus test result is positive, the health care provider or provider agency shall refer the patient for posttest counseling. If the patient or patient's guardian refuses to grant consent and a sample of the patient's blood or other body fluid is not available, the health care provider or provider agency may petition the district court for an order mandating that the testing be performed; or

(d) If a patient dies without the opportunity to consent to such testing, testing for the presence of an infectious disease or condition shall be conducted.

(2) The provider agency shall be responsible for the cost of such diagnostic testing.

(3) Routine drawing of a sample of blood or other body fluid for the purpose of testing for infectious disease or conditions without obtaining consent shall be prohibited.

Laws 1994, LB 819, § 9.
Neb. Rev. Stat. § 51-201.01 — NE Code / Chapter 51 / Section 51-201.01
View Statute 51-201.01
Status: in_force

For purposes of sections 51-201 to 51-219 :

(1) Basic services shall include, but not be limited to, free loan of circulating print and nonprint materials from the local collection and general reference and information services; and

(2) Nonbasic services shall include, but not be limited to, use of:

(a) Photocopying equipment;

(b) Telephones, facsimile equipment, and other telecommunications equipment;

(c) Media equipment;

(d) Personal computers; and

(e) Videocassette recording and playing equipment.

Laws 1990, LB 1236, § 1.
Neb. Rev. Stat. § 38-1118 — NE Code / Chapter 38 / Section 38-1118
View Statute 38-1118
Status: in_force

(1) Every applicant for a license to practice dental hygiene shall (a) present proof of graduation from an accredited dental hygiene program, (b) pass an examination approved by the Board of Dentistry which shall consist of the National Board Dental Hygiene Examination as constructed and administered by the American Dental Association Joint Commission on National Dental Examinations, (c) demonstrate the applicant's skill in clinical dental hygiene by passing the practical examination administered by the Central Regional Dental Testing Service or any other regional or state practical examination that the Board of Dentistry determines to be comparable to such practical examination, (d) pass a jurisprudence examination approved by the board that is based on the Nebraska statutes, rules, and regulations governing the practice of dentistry and dental hygiene, and (e) demonstrate continuing clinical competency as a condition of licensure if required by the board.

(2) Upon completion of these requirements, the department, with the recommendation of the board, shall issue the applicant a license to practice dental hygiene.

Laws 1949, c. 200, § 1, p. 582;

Laws 1953, c. 238, § 5, p. 827;

Laws 1973, LB 589, § 1;

Laws 1986, LB 926, § 42;

Laws 1988, LB 1100, § 32;

Laws 1999, LB 828, § 73;

Laws 2001, LB 209, § 5;

R.S.1943, (2003), § 71-193.04;

Laws 2007, LB463, § 451.

Credentialing, general requirements and issuance procedures, see section 38-121 et seq.
Neb. Rev. Stat. § 68-129 — NE Code / Chapter 68 / Section 68-129
View Statute 68-129
Status: in_force

The Department of Health and Human Services shall, by rule and regulation, when determining need for public assistance on the basis of available resources, exclude from the definition of available resources of an applicant for assistance either the funds deposited in an irrevocable trust fund created pursuant to section 12-1106 or up to four thousand dollars, increased annually as provided in this section, of the amount paid for a policy of insurance the proceeds of which are specifically and irrevocably designated, assigned, or pledged for the payment of the applicant's burial expenses. The Department of Health and Human Services shall increase such amount annually on September 1 beginning with the year 2006 by the percentage change in the Consumer Price Index for All Urban Consumers published by the Federal Bureau of Labor Statistics at the close of the twelve-month period ending on August 31 of such year. This section shall not preclude the eligibility for assistance of an applicant who has purchased such a policy of insurance prior to July 9, 1988, unless such applicant is subject to subdivision (3) of section 68-1002 .

Laws 1982, LB 314, § 1;

Laws 1986, LB 643, § 22;

Laws 1988, LB 1010, § 1;

Laws 1996, LB 1044, § 288;

Laws 2006, LB 85, § 2;

Laws 2007, LB296, § 237.
Neb. Rev. Stat. § 43-106.02 — NE Code / Chapter 43 / Section 43-106.02
View Statute 43-106.02
Status: in_force

Prior to the relinquishment of a child for adoption, a representative of the Department of Health and Human Services or of any child placement agency licensed by the department or an attorney and a witness shall present a copy or copies of the nonconsent form as provided in section 43-146.06 to the relinquishing parent or parents and explain the effects of signing such form.

Laws 1988, LB 372, § 3;

Laws 1996, LB 1044, § 112;

Laws 1997, LB 307, § 20.
Neb. Rev. Stat. § 38-1020 — NE Code / Chapter 38 / Section 38-1020
View Statute 38-1020
Status: in_force

Electrologist means a person who engages in the practice of electrolysis for permanent hair removal.

Laws 1995, LB 83, § 5;

R.S.1943, (2003), § 71-356.01;

Laws 2007, LB463, § 282.
Neb. Rev. Stat. § 39-1390 — NE Code / Chapter 39 / Section 39-1390
View Statute 39-1390
Status: in_force

The State Recreation Road Fund is created. The money in the fund shall be transferred by the State Treasurer, on the first day of each month, to the department and shall be expended by the Director-State Engineer with the approval of the Governor for construction and maintenance of dustless-surface roads to be designated as state recreation roads as provided in this section, except that (1) transfers may be made from the fund to the State Park Cash Revolving Fund at the direction of the Legislature, and (2) if the balance in the State Recreation Road Fund exceeds fourteen million dollars on the first day of each month, the State Treasurer shall transfer the amount greater than fourteen million dollars to the Game and Parks State Park Improvement and Maintenance Fund. Except as to roads under contract as of March 15, 1972, those roads, excluding state highways, giving direct and immediate access to or located within state parks, state recreation areas, or other recreational or historical areas, shall be eligible for designation as state recreation roads. Such eligibility shall be determined by the Game and Parks Commission and certified to the Director-State Engineer, who shall, after receiving such certification, be authorized to commence construction on such recreation roads as funds are available. In addition, those roads, excluding state highways, giving direct and immediate access to a state veteran cemetery are state recreation roads. After construction of such roads they shall be shown on the map provided by section 39-1311 . Preference in construction shall be based on existing or potential traffic use by other than local residents. Unless the State Highway Commission otherwise recommends, such roads upon completion of construction shall be incorporated into the state highway system. If such a road is not incorporated into the state highway system, the department and the county within which such road is located shall enter into a maintenance agreement establishing the responsibility for maintenance of the road, the maintenance standards to be met, and the responsibility for maintenance costs. Any money in the State Recreation Road 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. Beginning October 1, 2024, any investment earnings from investment of money in the fund shall be credited to the General Fund.

Laws 1963, c. 348, § 2, p. 1119;

Laws 1965, c. 225, § 1, p. 649;

Laws 1965, c. 501, § 1, p. 1595;

Laws 1969, c. 584, § 42, p. 2369;

Laws 1972, LB 1131, § 1;

Laws 1995, LB 7, § 36;

Laws 2003, LB 408, § 1;

Laws 2009, First Spec. Sess., LB3, § 20;

Laws 2010, LB749, § 1;

Laws 2014, LB906, § 15;

Laws 2015, LB661, § 30;

Laws 2017, LB339, § 137;

Laws 2024, First Spec. Sess., LB3, § 12;

Laws 2025, LB264, § 128.

Nebraska Capital Expansion Act, see section 72-1269 .

Nebraska State Funds Investment Act, see section 72-1260 .
Neb. Rev. Stat. § 21-1767.01 — NE Code / Chapter 21 / Section 21-1767.01
View Statute 21-1767.01
Status: in_force

The department shall require each credit union to obtain a fidelity bond, naming the credit union as obligee, in an amount to be determined by the department. The bond shall be issued by an authorized insurer and shall be conditioned to protect and indemnify the credit union from loss which it may sustain of money or other personal property, including that for which the credit union is responsible through or by reason of the fraud, dishonesty, forgery, theft, embezzlement, wrongful abstraction, misapplication, misappropriation, or any other dishonest or criminal act of or by any of its officers, directors, supervisory committee members, credit committee members, or employees. Such bond may contain a deductible clause in an amount to be approved by the director. An executed copy of the bond shall be filed with and approved by the director and shall remain a part of the records of the department. If the premium of the bond is not paid, the bond shall not be canceled or subject to cancellation unless at least ten days' advance notice, in writing, is filed with the department by the insurer. No bond which is current with respect to premium payments shall be canceled or subject to cancellation unless at least forty-five days' advance notice, in writing, is filed with the department by the insurer. The bond shall always be open to public inspection during the office hours of the department. In the event a bond is canceled, the department may take whatever action it deems appropriate in connection with the continued operation of the credit union involved.

Laws 2000, LB 932, § 25.
Neb. Rev. Stat. § 19-917 — NE Code / Chapter 19 / Section 19-917
View Statute 19-917
Status: in_force

A city of the first class, city of the second class, or village may vacate any existing plat and addition to such municipality or such part or parts thereof as such municipality may deem advantageous and best for its interests, and the power hereby granted shall be exercised by such municipality upon the petition of the owner or all the owners of lots or lands in such plat or addition. Such ordinance vacating such plat or addition shall specify whether, and, if any, what public highways, streets, alleys, and public grounds thereof are to be retained by such municipality. Any such ways, streets, and public grounds not retained shall upon such vacation revert to the owner or owners of lots or lands abutting such ways, streets, and public grounds in proportion to the respective ownerships of such lots or grounds. In case of total or partial vacation of such plat or addition, the ordinance providing therefor shall be, at the cost of the owner or owners, certified to the office of the register of deeds and be there recorded by the owner or owners. The register of deeds shall note such total or partial vacation of such plat or addition by writing in plain and legible letters upon such plat or portion thereof so vacated the word vacated, and also make on the same reference to the volume and page in which such ordinance of vacation is recorded, and the owner or owners of the lots and lands in a plat so vacated shall cause the same and the proportionate part of the abutting highway, streets, alleys, and public grounds so vacated to be replatted and numbered by the city surveyor or county surveyor. When such replat so executed is acknowledged by such owner or owners and is recorded in the office of the register of deeds of such county, such property so replatted may be conveyed and assessed by the numbers given in such replat.

Laws 1901, c. 18, § 6, p. 228;

R.S.1913, § 4812;

C.S.1922, § 3980;

C.S.1929, § 16-109;

R.S.1943, § 16-113;

Laws 1975, LB 410, § 3;

Laws 2019, LB193, § 84.

This section is applicable to quiet title of owner of adjoining lots when nominal street of platted addition vacated. Trahan v. Council Bluffs Steel Erection Co., 183 Neb. 170, 159 N.W.2d 207 (1968).

This section is applicable to quiet title of owner of adjoining lots when nominal street of platted addition vacated. Trahan v. Council Bluffs Steel Erection Co., 183 Neb. 170, 159 N.W.2d 207 (1968).
Neb. Rev. Stat. § 54-606 — NE Code / Chapter 54 / Section 54-606
View Statute 54-606
Status: in_force

Every person who shall harbor about his or her premises a collarless dog for the space of ten days shall be taken and held as the owner, and shall be liable for all damages which such dog shall commit.

Laws 1877, § 6, p. 157;

R.S.1913, § 177;

C.S.1922, § 174;

C.S.1929, § 54-606;

R.S.1943, § 54-606.

Dog that assails people along a public road is a nuisance and may be killed by person assailed. Nehr v. State, 35 Neb. 638, 53 N.W. 589 (1892).

Dog that assails people along a public road is a nuisance and may be killed by person assailed. Nehr v. State, 35 Neb. 638, 53 N.W. 589 (1892).
Neb. Rev. Stat. § 32-1310 — NE Code / Chapter 32 / Section 32-1310
View Statute 32-1310
Status: in_force

If the governing board of a political subdivision fails or refuses to call for a recall election by the date established in subsection (2) of section 32-1306 , the county attorney in the county in which the board is located shall file an action in the district court to order the recall election. For offices filled by election in more than one county, the county attorney in the county with the most registered voters residing within the political subdivision shall file the action in the district court to order the recall election.

Laws 2022, LB843, § 46.