FrankGoortani/open-us-law huggingface dataset:
Neb. Rev. Stat. § 48-224 — NE Code / Chapter 48 / Section 48-224
View Statute 48-224
Status: in_force

(1) Any employee of the State of Nebraska, any municipal corporation, or any public body or agency created by the laws of this state, who desires to participate voluntarily in any employee organization, credit union, or any community charity or public welfare plan approved by the Governor and the Director of Administrative Services, in the case of employees of the State of Nebraska, or by the duly elected governing body of such municipal corporation or other public body or agency, may execute an order authorizing the withholding from any wages or salary paid to such employee of a sum each month or pay period and the same to be paid to the designated recipient thereof. For purposes of this section, community charity includes any not-for-profit federation of health and human services agencies and associations.

(2) If a not-for-profit federation of health and human services agencies and associations is authorized pursuant to subsection (1) of this section, approval to similar not-for-profit federations shall also be granted on a similar equitable basis. For purposes of this subsection, a similar not-for-profit federation shall meet the following requirements:

(a) The federation has had an established office in the state for at least the last five years;

(b) The federation represents at least ten Nebraska-based health and human services agencies and associations in addition to the federation;

(c) The federation is a Nebraska corporation in good standing which holds a valid 501(c)(3) designation by the Internal Revenue Code;

(d) The federation and its agencies have an active, voluntary board which exercises administrative control over the federation and holds regular meetings; and

(e) The federation has a program focus and service delivery which is organized on either a statewide or regional basis.

Laws 1967, c. 571, § 1, p. 1878;

Laws 1997, LB 622, § 76.

A political subdivision is not compelled to check off dues for a union because it has certified the union and agreed to bargain with it. State ex rel. Council #32 v. City of Hastings, 214 Neb. 20, 332 N.W.2d 661 (1983).

A political subdivision is not compelled to check off dues for a union because it has certified the union and agreed to bargain with it. State ex rel. Council #32 v. City of Hastings, 214 Neb. 20, 332 N.W.2d 661 (1983).

Cited as indicating public policy allowing public employees to join labor union. American Federation of State, Co., & Mun. Emp. v. Woodward, 406 F.2d 137 (8th Cir. 1969).

Cited as indicating public policy allowing public employees to join labor union. American Federation of State, Co., & Mun. Emp. v. Woodward, 406 F.2d 137 (8th Cir. 1969).
Neb. Rev. Stat. § 18-2803 — NE Code / Chapter 18 / Section 18-2803
View Statute 18-2803
Status: in_force

For purposes of the Municipal Proprietary Function Act:

(1) Fiscal year shall mean the twelve-month period established by each governing body for each proprietary function of municipal government for determining and carrying on its financial affairs for each proprietary function;

(2) Governing body shall mean the city council in the case of a city of any class, including any city with a home rule charter, and the village board of trustees in the case of a village;

(3) Municipal budget statement shall mean a budget statement adopted by a governing body for nonproprietary functions of the municipality under the Nebraska Budget Act;

(4) Proprietary budget statement shall mean a budget adopted by a governing body for each proprietary function pursuant to the Municipal Proprietary Function Act; and

(5) Proprietary function shall mean a water supply or distribution utility, a wastewater collection or treatment utility, an electric generation, transmission, or distribution utility, a gas supply, transmission, or distribution utility, an integrated solid waste management collection, disposal, or handling utility, or a hospital or a nursing home owned by a municipality.

Laws 1993, LB 734, § 3;

Laws 2021, LB163, § 196.

Nebraska Budget Act, see section 13-501 .
Neb. Rev. Stat. § 69-2001 — NE Code / Chapter 69 / Section 69-2001
View Statute 69-2001
Status: in_force

Sections 69-2001 to 69-2012 shall be known and may be cited as the Degradable Products Act.

Laws 1989, LB 325, § 1.
Neb. Rev. Stat. § 54-2608 — NE Code / Chapter 54 / Section 54-2608
View Statute 54-2608
Status: in_force

Section 54-2607 does not apply to any direct, spot, or cash purchase of swine if the following requirements are met:

(1) The difference in price is based on: (a) A payment method specifying prices paid for criteria relating to carcass merit; or (b) actual and quantifiable costs related to transporting and acquiring the swine by the packer; and

(2) After making the payment to a seller, the packer reports the payment information required under section 54-2613 , including the payment method specifying prices paid for criteria relating to carcass merit and transportation and acquisition costs.

Laws 1999, LB 835, § 8.
Neb. Rev. Stat. § 81-1021 — NE Code / Chapter 60 / Section 81-1021
81-1021
Status: in_force

(1) All motor vehicles acquired by the State of Nebraska except any vehicle rented as a bureau fleet vehicle shall be indelibly and conspicuously lettered, in plain letters of a contrasting color or reflective material:

(a) On each side thereof with the words State of Nebraska and following such words the name of whatever board, department, bureau, division, institution, including the University of Nebraska or state college, office, or other state expending agency of the state to which the motor vehicle belongs; and

(b) On the back thereof with the words State of Nebraska.

(2) This section shall not apply to motor vehicles used or controlled by:

(a) The Nebraska State Patrol, the Public Service Commission, the Game and Parks Commission, deputy state sheriffs employed by the Nebraska Brand Committee and State Fire Marshal for state law enforcement purposes, inspectors employed by the Nebraska Liquor Control Commission, and persons employed by the Tax Commissioner for state revenue enforcement purposes, the exemption for state law enforcement purposes and state revenue enforcement purposes being confined strictly to the seven agencies specifically named;

(b) The Department of Health and Human Services or the Department of Correctional Services for the purpose of apprehending and returning escaped offenders or parole violators to facilities in the Department of Correctional Services and transporting offenders and personnel of the Department of Correctional Services and patients and personnel of the Department of Health and Human Services who are engaged in off-campus program activities;

(c) The Military Department;

(d) Vocational rehabilitation counselors and the Department of Health and Human Services for the purposes of communicable disease control, for the prevention and control of those communicable diseases which endanger the public health, or used by the Department of Health and Human Services in the enforcement of drug control laws or for other investigation purposes;

(e) The Department of Agriculture for special investigative purposes;

(f) The Nebraska Motor Vehicle Industry Licensing Board for investigative purposes;

(g) The Insurance Fraud Prevention Division of the Department of Insurance for investigative purposes; and

(h) The Department of Justice.

Laws 1939, c. 94, § 2, p. 409;

C.S.Supp.,1941, § 60-1201;

R.S.1943, § 60-1001;

Laws 1951, c. 202, § 1, p. 758;

Laws 1951, c. 203, § 1, p. 759;

Laws 1957, c. 278, § 1, p. 1008;

Laws 1959, c. 300, § 1, p. 1127;

Laws 1965, c. 390, § 1, p. 1247;

Laws 1969, c. 512, § 1, p. 2099;

Laws 1969, c. 513, § 1, p. 2100;

Laws 1972, LB 1295, § 1;

Laws 1973, LB 201, § 1;

Laws 1973, LB 563, § 5;

Laws 1975, LB 253, § 1;

Laws 1984, LB 933, § 1;

R.S.1943, (1988), § 60-1001;

Laws 1993, LB 370, § 484;

Laws 1993, LB 575, § 47;

Laws 1996, LB 1044, § 862;

Laws 1996, LB 1155, § 79;

Laws 1999, LB 326, § 11;

Laws 2007, LB296, § 753;

Laws 2012, LB779, § 11;

Laws 2019, LB418, § 12.
Neb. Rev. Stat. § 44-5265 — NE Code / Chapter 44 / Section 44-5265
View Statute 44-5265
Status: in_force

The director shall adopt and promulgate rules and regulations to carry out the Small Employer Health Insurance Availability Act.

Laws 1994, LB 1222, § 43.
Neb. Rev. Stat. § 30-3412 — NE Code / Chapter 30 / Section 30-3412
View Statute 30-3412
Status: in_force

(1) A determination that a principal is incapable of making health care decisions shall be made in writing by the attending physician and any physician consulted with respect to the determination that the principal is incapable of making health care decisions, and they shall document the cause and nature of the principal's incapacity. The determination shall be included in the principal's medical record with the attending physician and, when applicable, with the consulting physician and the health care facility in or of which the principal is a patient or resides.

(2) A physician who has been designated a principal's attorney in fact shall not make the determination that the principal is incapable of making health care decisions.

Laws 1992, LB 696, § 12;

Laws 1993, LB 782, § 24.
Neb. Rev. Stat. § 57-1607 — NE Code / Chapter 57 / Section 57-1607
View Statute 57-1607
Status: in_force

(1) A person applying for a permit shall:

(a) Comply with application requirements set by the commission;

(b) Pay a fee in an amount set by the commission. The amount of the fee shall be set by rule and regulation and shall be based on the commission's anticipated cost of processing the application. The fee shall be deposited in the Carbon Dioxide Storage Facility Administrative Fund; and

(c) Pay to the commission the costs the commission incurs in publishing notices for hearings and holding hearings on permit applications.

(2) In processing permit applications, the commission shall give priority to storage operators who intend to store carbon dioxide produced in Nebraska.

Laws 2021, LB650, § 7.
Neb. Rev. Stat. § 70-1105 — NE Code / Chapter 70 / Section 70-1105
View Statute 70-1105
Status: in_force

The provisions of section 70-650.01 shall be and remain in full force and effect with reference to the transfer and conveyance of its distribution system by the district as therein required. In those cases in which the municipality shall be operating the distribution system of the district, as provided in sections 70-1102 to 70-1104 at the time of the retirement of the district's bonds as described in section 70-650.01 , no election shall be required as a condition of said transfer to the municipality.

Laws 1963, c. 398, § 6, p. 1271.
Neb. Rev. Stat. § 23-3574 — NE Code / Chapter 23 / Section 23-3574
23-3574
Status: in_force

The petition for merger shall include a plan for the proposed merger which plan shall contain:

(1) A description of the proposed boundaries of the merged district;

(2) A summary statement of the reasons for the proposed merger;

(3) The amount of the outstanding bonded indebtedness of each district and the manner in which such outstanding bonded indebtedness is proposed to be allocated if the merger is approved;

(4) The amount of outstanding indebtedness other than the bonded indebtedness of each district;

(5) The name of the proposed district; and

(6) Such other matters as the petitioner shall determine proper to be included.

Laws 1978, LB 560, § 5;

R.S.1943, (1987), § 23-343.124.
Neb. Rev. Stat. § 60-2132.01 — NE Code / Chapter 60 / Section 60-2132.01
View Statute 60-2132.01
Status: transferred

Within sixty days after January 1, 2012, twenty-five percent of the money remaining in the Motorcycle Safety Education Fund shall be transferred to the Department of Motor Vehicles Cash Fund and seventy-five percent of the money remaining in the Motorcycle Safety Education Fund shall be transferred to the Highway Trust Fund. The Motorcycle Safety Education Fund shall be eliminated on such date after the transfers are made.

Laws 2011, LB170, § 13.
Neb. Rev. Stat. § 46-270 — NE Code / Chapter 46 / Section 46-270
View Statute 46-270
Status: in_force

Any corporation or association organized under the law of this state for the purpose of constructing and operating canals, reservoirs, and other works for irrigation and water power purposes shall have power to borrow money, to issue bonds, and to mortgage its property and franchises in the same manner as railroad corporations.

Laws 1919, c. 190, tit. VII, art. V, div. 3, § 25, p. 855;

Laws 1921, c. 271, § 1, p. 900;

C.S.1922, § 8475;

C.S.1929, § 46-625;

R.S.1943, § 46-270;

Laws 2000, LB 900, § 125;

Laws 2001, LB 420, § 31.

Landowner held not liable for increase in annual maintenance charge. Faught v. Platte Valley P. P. & I. Dist., 155 Neb. 141, 51 N.W.2d 253 (1952).

Landowner held not liable for increase in annual maintenance charge. Faught v. Platte Valley P. P. & I. Dist., 155 Neb. 141, 51 N.W.2d 253 (1952).

Irrigation companies have right to mortgage property, and mortgage can be foreclosed without making water users parties to action. Almeria Irr. Canal Co. v. Tzschuck Canal Co., 67 Neb. 290, 93 N.W. 174 (1903).

Irrigation companies have right to mortgage property, and mortgage can be foreclosed without making water users parties to action. Almeria Irr. Canal Co. v. Tzschuck Canal Co., 67 Neb. 290, 93 N.W. 174 (1903).
Neb. Rev. Stat. § 60-1309 — NE Code / Chapter 60 / Section 60-1309
View Statute 60-1309
Status: in_force

Any person who fails or refuses to obey any lawful order of a carrier enforcement officer or who resists lawful arrest by any such officer shall be deemed guilty of a Class III misdemeanor.

Laws 1955, c. 145, § 9, p. 408;

Laws 1977, LB 39, § 92;

Laws 1985, LB 395, § 10.
Neb. Rev. Stat. § 46-724 — NE Code / Chapter 46 / Section 46-724
46-724
Status: in_force

If the Director of Water, Energy, and Environment determines from the study conducted pursuant to section 46-722 that one or more sources of contamination are not point sources and if a management area, a purpose of which is protection of water quality, has been established which includes the affected area, the director shall consider whether to require the district which established the management area to adopt an action plan as provided in sections 46-725 to 46-729 .

If the director determines that one or more of the sources are not point sources and if such a management area has not been established or does not include all the affected area, he or she shall, within thirty days after completion of the report required by section 46-722 , consult with the district within whose boundaries the area affected by such contamination is located and fix a time and place for a public hearing to consider the report, hear any other evidence, and secure testimony on whether a management area should be designated or whether an existing area should be modified. The hearing shall be held within one hundred twenty days after completion of the report. Notice of the hearing shall be given as provided in section 46-743 , and the hearing shall be conducted in accordance with such section.

At the hearing, all interested persons shall be allowed to appear and present testimony. The Conservation and Survey Division of the University of Nebraska, the Department of Health and Human Services, and the appropriate district may offer as evidence any information in their possession which they deem relevant to the purpose of the hearing. After the hearing and after any studies or investigations conducted by or on behalf of the director as he or she deems necessary, the director shall determine whether a management area shall be designated.

Laws 1986, LB 894, § 5;

Laws 1991, LB 51, § 9;

Laws 1993, LB 3, § 18;

R.S.1943, (1993), § 46-674.06;

Laws 1996, LB 108, § 44;

Laws 1996, LB 1044, § 260;

Laws 2000, LB 900, § 201;

R.S.Supp.,2002, § 46-656.38;

Laws 2004, LB 962, § 64;

Laws 2007, LB296, § 204;

Laws 2019, LB302, § 33;

Laws 2025, LB317, § 223.
Neb. Rev. Stat. § 43-512.14 — NE Code / Chapter 43 / Section 43-512.14
View Statute 43-512.14
Status: in_force

Each parent requesting review shall provide the financial information as provided in section 43-512.17 to the Department of Health and Human Services upon request of the department. The parent requesting review shall also provide an affidavit regarding the financial circumstances of the nonrequesting parent upon the request of the department. Failure by a nonrequesting parent to provide adequate financial information shall create a rebuttable presumption that such parent's income has changed for purposes of section 43-512.12 .

Referral of an order to a county attorney or authorized attorney under this section shall create a rebuttable presumption that there has been a material change in financial circumstances of one of the parents such that the child support obligation shall be increased at least ten percent if there is inadequate financial information regarding the noncustodial parent or that the child support obligation shall be decreased at least ten percent if there is inadequate financial information regarding the custodial parent. Such referral shall also be sufficient to rebut the presumption specified in section 42-364.16 , and the court, after notice and an opportunity to be heard, may order a decrease or an increase of at least ten percent in the child support obligation as provided in this section.

Laws 1991, LB 715, § 15;

Laws 1993, LB 523, § 9;

Laws 1996, LB 1044, § 165;

Laws 1997, LB 307, § 66.
Neb. Rev. Stat. § 31-727.01 — NE Code / Chapter 31 / Section 31-727.01
View Statute 31-727.01
Status: in_force

Within thirty days after July 10, 1976, as to existing districts, and within thirty days after the creation of districts thereafter created, the clerk of each district shall file with the register of deeds, clerk, election commissioner, sheriff, and planning department of each county or counties in which the district is located and, if the district is located in whole or in part within the zoning jurisdiction of a city, with the planning department of such city a statement containing the following information: (1) The district number; (2) the outer boundaries of the district; (3) the purpose or purposes for which the district was formed; (4) a statement that the district has the power to levy an unlimited property tax to pay its debt and its expenses of operation and maintenance; (5) a statement that the district is required to levy special assessments on property in the district to the full extent of special benefits arising by reason of improvements installed by the district; (6) that the annual budget of the district is filed with the county clerk, which budget shows the anticipated revenue and expenses, tax levy, and indebtedness of the district; (7) that the actual current tax levy amount of the district may be obtained from the county clerk; and (8) that a copy of the annual financial audit of the district is on file with the clerk of the district and the Auditor of Public Accounts. Such statement shall be supplemented and refiled to include any land added to the district after the original filing.

Laws 1976, LB 313, § 10;

Laws 1979, LB 187, § 141;

Laws 1986, LB 484, § 1.
Neb. Rev. Stat. § 60-1301 — NE Code / Chapter 60 / Section 60-1301
View Statute 60-1301
Status: in_force

In order to promote public safety, to preserve and protect the state highways and bridges and prevent immoderate and destructive use of the same, and to enforce the motor vehicle registration laws, the Department of Transportation shall have the responsibility to construct, maintain, provide, and contract with the Nebraska State Patrol for the operation of weighing stations and provide the funding for the same. The Nebraska State Patrol shall operate the weighing stations, including portable scales, for the weighing and inspection of buses, motor trucks, truck-tractors, semitrailers, trailers, and towed vehicles. Each of the weighing stations shall be located near, on, or adjacent to a state highway upon real estate owned by the State of Nebraska or upon real estate acquired for that purpose. Weights determined on such weighing stations and portable scales shall be presumed to be accurate and shall be accepted in court as prima facie evidence of a violation of the laws relating to the size, weight, load, and registration of buses, motor trucks, truck-tractors, semitrailers, trailers, and towed vehicles. The owner or driver of a vehicle found to be in violation of such laws by the use of portable scales shall be advised by the officer operating the portable scale that he or she has the right to demand an immediate reweighing at his or her expense at the nearest permanent state-approved scale capable of weighing the vehicle, and if a variance exists between the weights of the permanent and portable scales, then the weights determined on the permanent scale shall prevail. Sections 60-1301 to 60-1309 shall not apply to pickup trucks with a factory-rated capacity of one ton or less, except as may be provided by rules and regulations of the Nebraska State Patrol, or to recreational vehicles as defined in section 71-4603 . The Nebraska State Patrol may adopt and promulgate rules and regulations concerning the weighing of pickup trucks with a factory-rated capacity of one ton or less which tow vehicles. Such rules and regulations shall require trucks towing vehicles to comply with sections 60-1301 to 60-1309 when it is necessary to promote the public safety and preserve and protect the state highways and bridges.

Laws 1949, c. 109, § 1, p. 300;

Laws 1951, c. 116, § 1, p. 525;

R.R.S.1943, § 39-603.03;

Laws 1955, c. 145, § 1, p. 406;

Laws 1961, c. 323, § 1, p. 1027;

Laws 1963, c. 373, § 5, p. 1197;

Laws 1976, LB 823, § 2;

Laws 1985, LB 395, § 4;

Laws 2002, LB 470, § 1;

Laws 2008, LB797, § 2;

Laws 2017, LB339, § 233.
Neb. Rev. Stat. § 38-2705 — NE Code / Chapter 38 / Section 38-2705
View Statute 38-2705
Status: in_force

To be eligible to be licensed as a perfusionist, an applicant shall fulfill the following requirements:

(1) Submit evidence of successful completion of a perfusion education program with standards established by the Accreditation Committee for Perfusion Education and approved by the Commission on Accreditation of Allied Health Education Programs or a program with substantially equivalent education standards approved by the board; and

(2) Submit evidence of successful completion of the certification examinations offered by the American Board of Cardiovascular Perfusion, or its successor, or a substantially equivalent examination approved by the board.

Laws 2007, LB236, § 12;

R.S.Supp.,2007, § 71-1,394;

Laws 2007, LB247, § 77.

Credentialing, general requirements and issuance procedures, see section 38-121 et seq.