FrankGoortani/open-us-law huggingface dataset:
Neb. Rev. Stat. § 31-735.06 — NE Code / Chapter 31 / Section 31-735.06
View Statute 31-735.06
Status: in_force

Notwithstanding the appointment of an administrator for any district pursuant to sections 31-771 to 31-780 , special elections shall be held for the election of members of the board of trustees for such district in the same manner and at the same time as such elections would be held under sections 31-735 to 31-735.03 . In a district for which such an administrator has been appointed when the board of trustees of such district is not functioning, the administrator shall cause a special election of trustees to be held within sixty days after the issuance of a certificate of appointment of such administrator, at which election a board of trustees shall be elected to a term of office which shall expire on the first Tuesday of the second September following the appointment of such administrator. The board of trustees shall have five members unless the board has amended its articles of association to decrease the number of trustees on the board to three members pursuant to subdivision (2)(d) of section 31-735 .

Laws 1982, LB 868, § 5;

Laws 2015, LB116, § 2.
Neb. Rev. Stat. § 44-122 — NE Code / Chapter 44 / Section 44-122
View Statute 44-122
Status: in_force

No reduction of stock shall be made except by approval of at least two-thirds of the directors. The directors, after such reduction of stock, may require such shareholder to surrender his or her stock and in lieu thereof may issue a new certificate for such number of shares as each shall be entitled to.

Laws 1913, c. 154, § 9, p. 400;

R.S.1913, § 3145;

Laws 1919, c. 190, tit. V, art. III, § 2, p. 578;

C.S.1922, § 7746;

C.S.1929, § 44-202;

R.S.1943, § 44-122;

Laws 1989, LB 92, § 15;

Laws 1999, LB 259, § 1.
Neb. Rev. Stat. § 53-165.02 — NE Code / Chapter 53 / Section 53-165.02
View Statute 53-165.02
Status: in_force

(1) For purposes of this section, alcoholic product means a particular brand of alcoholic liquor in a designated size container or a mix of brands and containers when sold on a combined basis, as established by the wholesaler.

(2) A wholesaler may employ channel pricing to sell such wholesaler's alcoholic product to retail licensees at a different price than the wholesaler sells alcoholic product to other retail licensees. If a wholesaler employs channel pricing, such pricing shall be made equally available to similarly situated retail licensees.

(3) Whether an establishment is similarly situated to another licensee is to be determined by the type of license held by the retailer and the primary use of the premises.

(4) A wholesaler may also provide discounts on the alcoholic product to retailers that are otherwise similarly situated if those discounts are based on the volume of the alcoholic product being purchased.

(5) A wholesaler may also provide discounts on the alcoholic product to retailers that are otherwise similarly situated if those discounts are based on the electronic ordering of the alcoholic product being purchased.

Laws 2023, LB376, § 6.
Neb. Rev. Stat. § 52-801 — NE Code / Chapter 52 / Section 52-801
View Statute 52-801
Status: in_force

Any garment, clothing, wearing apparel, or household goods on which cleaning, pressing, glazing, or washing has been done, upon which alterations or repairs have been made, or on which materials or supplies have been used or furnished, remaining in the possession of a person, firm, partnership, limited liability company, or corporation for a period of ninety days or more, may be sold to pay the reasonable or agreed charges and the costs of notifying the owner or owners. The person, firm, partnership, limited liability company, or corporation to whom such charges are payable and owing shall first notify the owner or owners of the time and place of such sale. Property that is to be placed in storage after any of the services or labors mentioned in this section shall not be affected by the provisions of this section.

Laws 1943, c. 120, § 1, p. 416;

R.S.1943, § 52-801;

Laws 1993, LB 121, § 309.
Neb. Rev. Stat. § 30-2431 — NE Code / Chapter 30 / Section 30-2431
View Statute 30-2431
Status: in_force

In contested cases, petitioners who seek to establish intestacy have the burden of establishing prima facie proof of death, venue, and heirship. Proponents of a will have the burden of establishing prima facie proof of due execution, death, testamentary capacity, and venue. Contestants of a will have the burden of establishing undue influence, fraud, duress, mistake or revocation. Parties have the ultimate burden of persuasion as to matters with respect to which they have the initial burden of proof. If a will is opposed by the petition for probate of a later will revoking the former, it shall be determined first whether the later will is entitled to probate, and if a will is opposed by a petition for a declaration of intestacy, it shall be determined first whether the will is entitled to probate.

Laws 1974, LB 354, § 109, UPC § 3-407.

Contestants of a will have the burden of establishing undue influence and carry the ultimate burden of persuasion. In re Estate of Clinger, 292 Neb. 237, 872 N.W.2d 37 (2015).

Contestants of a will have the burden of establishing undue influence and carry the ultimate burden of persuasion. In re Estate of Clinger, 292 Neb. 237, 872 N.W.2d 37 (2015).

This section did not change the rules concerning the effect of a presumption of undue influence established by case law existing prior to the adoption of the Uniform Probate Code. In re Estate of Novak, 235 Neb. 939, 458 N.W.2d 221 (1990).

This section did not change the rules concerning the effect of a presumption of undue influence established by case law existing prior to the adoption of the Uniform Probate Code. In re Estate of Novak, 235 Neb. 939, 458 N.W.2d 221 (1990).

While a nonexpert witness who is shown to have had intimate acquaintance with a deceased may be permitted to state an opinion concerning the mental condition of the deceased, the person testifying must give the facts and circumstances upon which the opinion is based. In re Estate of Thompson, 225 Neb. 643, 407 N.W.2d 738 (1987).

While a nonexpert witness who is shown to have had intimate acquaintance with a deceased may be permitted to state an opinion concerning the mental condition of the deceased, the person testifying must give the facts and circumstances upon which the opinion is based. In re Estate of Thompson, 225 Neb. 643, 407 N.W.2d 738 (1987).
Neb. Rev. Stat. § 44-4602 — NE Code / Chapter 44 / Section 44-4602
View Statute 44-4602
Status: reserved

(1) The Pharmacy Benefit Manager Licensure and Regulation Act establishes the standards and criteria for the licensure and regulation of pharmacy benefit managers providing a claims processing service or other prescription drug or device service for a health benefit plan.

(2) The purposes of the act are to:

(a) Promote, preserve, and protect public health, safety, and welfare through effective regulation and licensure of pharmacy benefit managers;

(b) Promote the solvency of the commercial health insurance industry, the regulation of which is reserved to the states by the federal McCarran-Ferguson Act, 15 U.S.C. 1011 to 1015, as such act and sections existed on January 1, 2022, as well as provide for consumer savings and encourage fairness in prescription drug benefits;

(c) Provide for powers and duties of the director; and

(d) Prescribe monetary penalties for violations of the Pharmacy Benefit Manager Licensure and Regulation Act.

Laws 2022, LB767, § 2.
Neb. Rev. Stat. § 68-1108 — NE Code / Chapter 68 / Section 68-1108
View Statute 68-1108
Status: in_force

The Department of Health and Human Services shall annually report electronically to the Legislature the percentage growth of medicaid spending for people over sixty-five years of age for no fewer than five years following acceptance of the application to the State Balancing Incentive Payments Program pursuant to section 81-3138 .

Laws 2014, LB690, § 3;

Laws 2015, LB320, § 11;

Laws 2017, LB644, § 18.
Neb. Rev. Stat. § 2-410 — NE Code / Chapter 2 / Section 2-410
View Statute 2-410
Status: in_force

It is the intent of the Legislature to appropriate two hundred fifty thousand dollars beginning in FY2022-23 through FY2026-27 to carry out the Resilient Soils and Water Quality Act.

Laws 2022, LB925, § 6.

Resilient Soils and Water Quality Act, see section 2-405 .
Neb. Rev. Stat. § 21-218 — NE Code / Chapter 21 / Section 21-218
View Statute 21-218
Status: in_force

(MBCA 1.44) (a) A corporation has delivered written notice or any other report or statement under the Nebraska Model Business Corporation Act, the articles of incorporation, or the bylaws to all shareholders who share a common address if:

(1) The corporation delivers one copy of the notice, report, or statement to the common address;

(2) The corporation addresses the notice, report, or statement to those shareholders as a group, to each of those shareholders individually, or to the shareholders in a form to which each of those shareholders has consented; and

(3) Each of those shareholders consents to delivery of a single copy of such notice, report, or statement to the shareholders' common address. Any such consent shall be revocable by any of such shareholders who deliver written notice of revocation to the corporation. If such written notice of revocation is delivered, the corporation shall begin providing individual notices, reports, or other statements to the revoking shareholder no later than thirty days after delivery of the written notice of revocation.

(b) Any shareholder who fails to object by written notice to the corporation, within sixty days of written notice by the corporation of its intention to send single copies of notices, reports, or statements to shareholders who share a common address as permitted by subsection (a) of this section, shall be deemed to have consented to receiving such single copy at the common address.

Laws 2014, LB749, § 18.
Neb. Rev. Stat. § 57-601 — NE Code / Chapter 57 / Section 57-601
View Statute 57-601
Status: in_force

As used in sections 57-601 to 57-607 , unless the context otherwise requires:

(1) Eminent domain statutes shall mean sections 76-701 to 76-724 ;

(2) Underground reservoir shall mean any subsurface sand, stratum, or formation suitable for the injection and storage of natural gas or liquefied petroleum gas or both therein or which is capable of being made suitable for the storage of natural gas or liquefied petroleum gas, or both, by the construction of underground caverns by means of mining operations and the withdrawal of natural gas or liquefied gas therefrom;

(3) Underground storage shall mean the right to inject and store natural gas or liquefied petroleum gas or both within and to withdraw natural gas or liquefied petroleum gas from an underground reservoir;

(4) Natural gas shall mean gas which has been produced from the earth in its original state or such gas after the same has been processed or treated;

(5) Native gas shall mean gas which has not been previously withdrawn from the earth;

(6) Liquefied petroleum gas shall mean hydrocarbons or mixtures thereof which have been extracted from natural gas or crude oil and which consist primarily of propane or butane or mixtures thereof;

(7) Condemner shall mean any person, partnership, limited liability company, corporation, association, or municipal corporation authorized to transport or distribute natural gas as a public utility within this state for ultimate public use or consumption;

(8) Condemnee, property, and county judge shall have the same meaning as in the eminent domain statutes;

(9) Public owner shall mean (a) the state, (b) any agency or political subdivision thereof, (c) any municipal corporation, (d) any quasi-municipal corporation, or (e) any public authority which has an interest in any of the lands in and under which a condemner requires the right to underground storage;

(10) Commercially recoverable native gas shall mean that native gas which would provide revenue in excess of direct operating expenses if produced;

(11) Reasonable notice shall mean notice served in the same manner as is provided in the code of civil procedure for the service of process in civil actions in the district courts of this state; and

(12) Interested parties shall mean the owners of any oil or gas leasehold, mineral, or royalty interest in the underground stratum or formation sought to be acquired and the owners of the surface rights to the underground stratum or formation.

Laws 1953, c. 191, § 1, p. 613;

Laws 1963, c. 325, § 1, p. 983;

Laws 1993, LB 121, § 350.
Neb. Rev. Stat. § 13-308 — NE Code / Chapter 13 / Section 13-308
View Statute 13-308
Status: in_force

Any municipal corporation may contract with any person and provide funds for home-delivered meals for the elderly and senior volunteer programs.

Laws 1975, LB 307, § 1;

R.S.1943, (1983), § 18-1730;

Laws 2017, LB417, § 1.
Neb. Rev. Stat. § 26-123 — NE Code / Chapter 26 / Section 26-123
View Statute 26-123
Status: in_force

A valid foreign protection order related to domestic or family abuse issued by a tribunal of another state, tribe, or territory shall be accorded full faith and credit by the courts of this state and enforced pursuant to the Uniform Interstate Enforcement of Domestic Violence Protection Orders Act.

Laws 1998, LB 218, § 26;

Laws 2003, LB 148, § 99;

R.S.1943, (2016), § 42-931;

Laws 2025, LB80, § 23.

Uniform Interstate Enforcement of Domestic Violence Protection Orders Act, see section 42-932 .
Neb. Rev. Stat. § 28-1218 — NE Code / Chapter 28 / Section 28-1218
View Statute 28-1218
Status: in_force

(1) Any person who uses any explosive materials for any purpose whatsoever, unless such person has obtained a permit from the Nebraska State Patrol to use such explosive materials or uses such explosive materials under the supervision of a permitholder, commits the offense of use of explosives without a permit.

(2) Except as provided in subsection (3) of this section, use of explosives without a permit is a Class I misdemeanor.

(3) Upon a showing that the accused was eligible under existing rules and regulations to receive a permit or had a valid educational, industrial, commercial, agricultural, or other legitimate need for a permit, use of explosives without a permit is a Class II misdemeanor.

(4) Any person under the direct and proximate supervision of a person possessing a permit to use explosive materials may also use explosive materials under such safety provisions as the Nebraska State Patrol may adopt and promulgate. Federal licensees and permittees shall obtain permits from the Nebraska State Patrol to use explosive materials.

Laws 1977, LB 38, § 250;

Laws 1989, LB 215, § 5.
Neb. Rev. Stat. § 50-113 — NE Code / Chapter 50 / Section 50-113
View Statute 50-113
Status: in_force

It shall be the duty of the presiding officer of the Legislature to preside over the Legislature, to keep and maintain order during the session thereof, and to do and perform the duties devolving on him by general parliamentary usage, and the rules adopted by the Legislature.

Laws 1867, § 4, p. 85;

R.S.1913, § 3755;

C.S.1922, § 3148;

C.S.1929, § 50-114;

Laws 1941, c. 101, § 1, p. 418;

C.S.Supp.,1941, § 50-114;

R.S.1943, § 50-113.
Neb. Rev. Stat. § 45-737.01 — NE Code / Chapter 45 / Section 45-737.01
View Statute 45-737.01
Status: in_force

(1) A licensee licensed as a mortgage loan originator shall notify the director in writing or through the Nationwide Mortgage Licensing System and Registry within three business days after the occurrence of any of the following:

(a) The filing of a voluntary petition in bankruptcy by such licensee or notice of a filing of an involuntary petition in bankruptcy against such licensee;

(b) The filing of a criminal indictment or information against such licensee regarding (i) a misdemeanor under state or federal law which involves dishonesty or fraud or which involves any aspect of the mortgage banking business, depository institution business, or installment loan company business or (ii) any felony under state or federal law;

(c) Such licensee was convicted of, pleaded guilty to, or was found guilty after a plea of nolo contendere to (i) a misdemeanor under state or federal law which involves dishonesty or fraud or which involves any aspect of the mortgage banking business, depository institution business, or installment loan company business or (ii) any felony under state or federal law;

(d) Any other state or jurisdiction institutes license denial, cease and desist, suspension, or revocation procedures against such licensee;

(e) The attorney general of any state, the Consumer Financial Protection Bureau, or the Federal Trade Commission initiates an action to enforce consumer protection laws against such licensee; or

(f) The Federal National Mortgage Association, Federal Home Loan Mortgage Corporation, Federal Housing Administration, or Government National Mortgage Association suspends or terminates such licensee's status as an approved loan originator.

(2) A licensee licensed as a mortgage loan originator shall update through the Nationwide Mortgage Licensing System and Registry his or her employment history on file with the department no later than ten business days after the submission of the required notice of the creation or termination of an employment relationship pursuant to section 45-735 .

(3) A licensee licensed as a mortgage loan originator shall notify the director in writing or through the Nationwide Mortgage Licensing System and Registry within thirty days after the occurrence of a material development other than as described in subsections (1) and (2) of this section, including, but not limited to, any of the following:

(a) A change in such licensee's name;

(b) A change in such licensee's residential address;

(c) A change in such licensee's employment address;

(d) The filing of a tax or other governmental lien against such licensee;

(e) The entry of a monetary judgment against such licensee; or

(f) The entry of an order against such licensee, including orders to which such licensee consented, by any other state or federal regulator.

Laws 2013, LB290, § 5.
Neb. Rev. Stat. § 30-3207 — NE Code / Chapter 24 / Section 30-3207
30-3207
Status: in_force

Any bank or trust company qualified to act as fiduciary in this state may establish common trust funds for the purpose of furnishing investments to itself as fiduciary, or to itself and others, as cofiduciaries, and may, as such fiduciary or cofiduciary, invest funds which it lawfully holds for investment in interests in such common trust funds, if such investment is not prohibited by the instrument, judgment, decree, or order creating such fiduciary relationship and if, in the case of cofiduciaries, the bank or trust company procures the consent of its cofiduciaries to such investment.

Laws 1953, c. 67, § 1, p. 212;

R.S.1943, (1985), § 24-601.01.
Neb. Rev. Stat. § 34-116 — NE Code / Chapter 34 / Section 34-116
View Statute 34-116
Status: in_force

The fences described in section 34-115 shall be at least four and one-half feet in height; and in the construction of such fences the spaces between the boards, rails, poles, and wires shall not exceed one foot each, measuring from the top.

Laws 1867 (Ter.), § 2, p. 17;

R.S.1913, § 2493;

C.S.1922, § 2432;

C.S.1929, § 34-116;

R.S.1943, § 34-116.

This section was not intended to apply to railroads. Chicago, B. & Q. R. R. Co. v. James, 26 Neb. 188, 41 N.W. 992 (1889).

This section was not intended to apply to railroads. Chicago, B. & Q. R. R. Co. v. James, 26 Neb. 188, 41 N.W. 992 (1889).
Neb. Rev. Stat. § 21-1753 — NE Code / Chapter 21 / Section 21-1753
View Statute 21-1753
Status: in_force

At the first annual meeting of a central credit union, the members shall elect a board of directors of not less than nine members and a credit committee of not less than three members. No member of the board shall be a member of the credit committee and no credit union small employee group or affiliated organization shall be represented by more than one member on the board of directors, one member on the credit committee, and one member on the supervisory committee.

Laws 1996, LB 948, § 53.
Neb. Rev. Stat. § 2-1803 — NE Code / Chapter 2 / Section 2-1803
View Statute 2-1803
Status: in_force

(1) With the exception of the ex officio member, the Governor shall appoint an advisory committee to be known as the Nebraska Potato Development Committee. The committee shall be composed of three shippers and four growers from the industry and the vice chancellor of the University of Nebraska Institute of Agriculture and Natural Resources who shall be an ex officio member. The Director of Agriculture shall be the chairperson. The committee shall adopt and provide rules and regulations for the conduct of the affairs of the Division of Potato Development and advise the director regarding the appointment of the division head and any assistants as may be appointed. The members of the committee shall serve without pay but shall receive expenses incurred while on official business as provided in sections 81-1174 to 81-1177 . As the terms of office of such appointees expire, successors shall be appointed by the Governor for a period of two years and until their successors are appointed and qualified.

(2) The Nebraska Potato Development Committee terminates on July 1, 2026.

Laws 1945, c. 4, § 3, p. 70;

Laws 1947, c. 4, § 1, p. 60;

Laws 1981, LB 204, § 7;

Laws 1991, LB 358, § 2;

Laws 2020, LB381, § 3;

Laws 2025, LB346, § 2.

Nebraska Potato Council, see section 2-2811 .
Neb. Rev. Stat. § 71-3603 — NE Code / Chapter 71 / Section 71-3603
View Statute 71-3603
Status: in_force

The county attorney of the county in which the proceedings are to be held as provided in section 71-3602 shall act for the department or local board of health. Either the state health officer or local health officer shall advise the county attorney in writing of the violation. Within three days of such notification, the county attorney shall file a petition with the county court.

Upon filing of the petition, the court shall set the matter for a hearing, which time shall be not less than five days nor more than ten days subsequent to filing. A copy of the petition together with a summons stating the time and place of hearing shall be served upon the person three days or more prior to the time set for the hearing.

Summons shall be served by the sheriff of the county in which the hearing is to be held, and return thereof shall be made as in other civil cases.

The court costs incurred in proceedings under the Tuberculosis Detection and Prevention Act, including medical examinations required by order of the court but excluding examinations procured by the person named in the petition, shall be borne by the county in which the proceedings are held.

Laws 1963, c. 399, § 3, p. 1274;

Laws 1996, LB 1044, § 659;

Laws 2004, LB 1005, § 90.
Neb. Rev. Stat. § 13-1412 — NE Code / Chapter 18 / Section 13-1412
13-1412
Status: in_force

Obedience to the rules and regulations of the dock board may be enforced in the name of the county or municipality, as the case may be, by a fine not exceeding one hundred dollars or by imprisonment not exceeding thirty days; Provided, the county board shall first adopt the same by regulation or governing body of such municipality shall first adopt the same in ordinance form, as ordinances of the municipality.

Laws 1937, c. 37, § 3, p. 171;

C.S.Supp.,1941, § 18-2003;

R.S.1943, § 18-711;

Laws 1967, c. 84, § 9, p. 265;

R.S.1943, (1983), § 18-711.
Neb. Rev. Stat. § 24-728 — NE Code / Chapter 24 / Section 24-728
View Statute 24-728
Status: in_force

No Justice or judge of the Supreme Court or other judge shall participate, as a member of the Commission on Judicial Qualifications, or as a master, or as a member of the Supreme Court, in any proceedings involving his or her own reprimand, discipline, censure, suspension, removal, or retirement.

Laws 1967, c. 141, § 14, p. 434;

Laws 1981, LB 475, § 14.