FrankGoortani/open-us-law huggingface dataset:
Neb. Rev. Stat. § 17-202 — NE Code / Chapter 17 / Section 17-202
View Statute 17-202
Status: in_force

The corporate powers and duties of every village shall be vested in a board of trustees which shall consist of three or five members. At the first statewide general election held after the incorporation of a village with five members, two trustees shall be elected to serve two years and three trustees shall be elected to serve four years. At the first statewide general election held after the incorporation of a village with three members, two trustees shall be elected to serve four years and one trustee shall be elected to serve two years. At the first statewide general election held after changing the number of trustees from five to three, one trustee shall be elected to serve two years and two trustees shall be elected to serve four years. The two trustees receiving the highest and second highest number of votes or tied for the highest number of votes shall serve the four-year terms, and the trustee receiving the next highest number of votes shall serve the two-year term. Thereafter the board members shall be elected as provided in the Election Act. The terms shall begin on the first regular meeting of the board in December following the statewide general election. The changes made to this section by Laws 1994, LB 76, and Laws 1995, LB 194, shall not change the staggering of the terms of the board members in villages established prior to January 1, 1995.

Laws 1879, § 41, p. 202;

Laws 1899, c. 13, § 1, p. 78;

R.S.1913, § 5052;

C.S.1922, § 4224;

C.S.1929, § 17-202;

Laws 1943, c. 26, § 1, p. 120;

R.S.1943, § 17-202;

Laws 1969, c. 257, § 9, p. 936;

Laws 1994, LB 76, § 493;

Laws 1995, LB 194, § 3;

Laws 2017, LB133, § 64;

Laws 2025, LB289, § 2.

Board of trustees, election, see section 32-532 .

Election Act, see section 32-101 .

Vacancies, see sections 32-568 and 32-569 .
Neb. Rev. Stat. § 21-1333 — NE Code / Chapter 21 / Section 21-1333
View Statute 21-1333
Status: in_force

Any number of persons, not less than five, may form and organize a cooperative farm land company, with or without capital stock, for the purpose of facilitating the acquisition of agricultural and grazing lands by farmers and stock raisers, by the adoption of articles of incorporation in the same manner and with like powers and duties as other corporations, except as herein provided.

Laws 1941, c. 38, § 1, p. 153;

C.S.Supp.,1941, § 24-2101;

R.S.1943, § 21-1333.
Neb. Rev. Stat. § 54-650 — NE Code / Chapter 54 / Section 54-650
View Statute 54-650
Status: in_force

Nothing in the Dog and Cat Purchase Protection Act shall limit any rights and remedies otherwise available under the laws of this state. Any agreement or contract entered into by a seller and a purchaser waiving any rights under the act is void. Nothing in the Dog and Cat Purchase Protection Act shall be construed to limit a seller to offering only those warranties, express or implied, required by the act.

Laws 2009, LB241, § 17.
Neb. Rev. Stat. § 13-923 — NE Code / Chapter 23 / Section 13-923
13-923
Status: in_force

From and after January 1, 1970, the authority of any political subdivision to sue or be sued in its own name shall not be construed to authorize suits against such political subdivision on tort claims except as authorized in the Political Subdivisions Tort Claims Act and sections 16-727 , 16-728 , 23-175 , 39-809 , and 79-610 . The remedies provided by such act and sections in such cases shall be exclusive.

Laws 1969, c. 138, § 17, p. 634;

Laws 1978, LB 819, § 1;

R.S.1943, (1983), § 23-2417;

Laws 1996, LB 900, § 1031.
Neb. Rev. Stat. § 30-3506 — NE Code / Chapter 30 / Section 30-3506
View Statute 30-3506
Status: in_force

(a) Unless otherwise directed by an instrument designating a custodial trustee pursuant to section 30-3504 , a person, including a fiduciary other than a custodial trustee, who holds property of or owes a debt to an incapacitated individual not having a conservator may make a transfer to an adult member of the beneficiary's family or to a trust company as custodial trustee for the use and benefit of the incapacitated individual. If the value of the property or the debt exceeds ten thousand dollars, the transfer is not effective unless authorized by the court.

(b) A written acknowledgment of delivery, signed by a custodial trustee, is a sufficient receipt and discharge for property transferred to the custodial trustee pursuant to this section.

Laws 1997, LB 51, § 6.
Neb. Rev. Stat. § 55-147 — NE Code / Chapter 55 / Section 55-147
View Statute 55-147
Status: in_force

The Governor shall have the power, on good cause shown, to retire any officer in the next higher grade than that held by the officer during his active military service in the National Guard.

Laws 1955, c. 213, § 2, p. 598;

R.R.S.1943, § 55-121.02;

Laws 1969, c. 459, § 45, p. 1596.
Neb. Rev. Stat. § 48-404 — NE Code / Chapter 48 / Section 48-404
View Statute 48-404
Status: in_force

All of the aforesaid places shall be kept clean and free from effluvia arising from any drain, privy or nuisance, and shall be ventilated and kept in a sanitary condition. The Department of Labor or any person authorized by the department may require such changes or additions to be made in any of the aforesaid places as will promote the best measures of sanitation.

Laws 1911, c. 67, § 4, p. 300;

Laws 1913, c. 103, § 1, p. 259;

R.S.1913, § 3591;

Laws 1919, c. 190, tit. IV, art. IV, § 4, p. 559;

C.S.1922, § 7685;

C.S.1929, § 48-404;

R.S.1943, § 48-404.
Neb. Rev. Stat. § 38-185 — NE Code / Chapter 38 / Section 38-185
View Statute 38-185
Status: in_force

To deny or refuse renewal of a credential, the department shall notify the applicant or credential holder in writing of the action taken and the reasons for the determination. The denial or refusal to renew shall become final thirty days after mailing the notice unless the applicant or credential holder, within such thirty-day period, requests a hearing in writing. The hearing shall be conducted in accordance with the Administrative Procedure Act.

Laws 1927, c. 167, § 49, p. 467;

C.S.1929, § 71-604;

R.S.1943, § 71-150;

Laws 1986, LB 286, § 48;

Laws 1986, LB 579, § 40;

Laws 1988, LB 1100, § 19;

Laws 1991, LB 456, § 12;

Laws 1994, LB 1210, § 29;

Laws 1996, LB 1044, § 382;

R.S.1943, (2003), § 71-150;

Laws 2007, LB296, § 304;

Laws 2007, LB463, § 85.

Administrative Procedure Act, see section 84-920 .

The judiciary will not interfere with executive officers in the performance of duties which are discretionary in their nature or involve the exercise of judgment; there exists no power in the courts to act upon the officer so as to interfere with the exercise of that judgment while the matter is properly before the officer for action. Roseberry v. Wright, 2 Neb. App. 248, 508 N.W.2d 867 (1993).

The judiciary will not interfere with executive officers in the performance of duties which are discretionary in their nature or involve the exercise of judgment; there exists no power in the courts to act upon the officer so as to interfere with the exercise of that judgment while the matter is properly before the officer for action. Roseberry v. Wright, 2 Neb. App. 248, 508 N.W.2d 867 (1993).
Neb. Rev. Stat. § 13-2609 — NE Code / Chapter 13 / Section 13-2609
View Statute 13-2609
Status: in_force

(1) If an application is approved, the Tax Commissioner shall:

(a) Audit or review audits of the approved convention and meeting center facility, sports arena facility, associated hotel, or nearby retailer to determine the state sales tax revenue collected by retailers and operators doing business at such facilities on sales at such facilities, state sales tax revenue collected on primary and secondary box office sales of admissions to such facilities, and state sales tax revenue collected by associated hotels and nearby retailers; and

(b) Certify annually the amount of state sales tax revenue collected by retailers and operators doing business at such facilities on sales at such facilities, state sales tax revenue collected on primary and secondary box office sales of admissions to such facilities, and state sales tax revenue collected by associated hotels and nearby retailers, to the State Treasurer.

(2) State sales tax revenue collected by retailers and operators that are not eligible facilities but are doing business at eligible facilities shall be reported on informational returns developed by the Department of Revenue and provided to any such retailers and operators by the eligible facility. The informational returns shall be submitted to the department by the retailer or operator by the twentieth day of the month following the month the sales taxes are collected. The Tax Commissioner shall use the data from the informational returns and sales tax returns of eligible facilities, associated hotels, and nearby retailers to determine the appropriate amount of state sales tax revenue.

(3) Changes made to the Convention Center Facility Financing Assistance Act by Laws 2007, LB 551, shall apply to state sales tax revenue collected commencing on July 1, 2006.

Laws 1999, LB 382, § 9;

Laws 2007, LB551, § 5;

Laws 2011, LB210, § 1;

Laws 2023, LB727, § 20.

Limitation on applications, see section 13-2612 .
Neb. Rev. Stat. § 44-5706 — NE Code / Chapter 44 / Section 44-5706
View Statute 44-5706
Status: in_force

(1) If the director believes that the controlling producer or any other person has not materially complied with the Producer-Controlled Property and Casualty Insurer Act or any rule or regulation or order after notice and opportunity to be heard, the director may order the controlling producer to cease placing business with the controlled insurer. If it is found that because of such material noncompliance that the controlled insurer or any policyholder has suffered any loss or damage, the director may maintain a civil action or intervene in an action brought by or on behalf of the controlled insurer or policyholder for recovery of compensatory damages for the benefit of the controlled insurer or policyholder or other appropriate relief.

(2) If an order for liquidation or rehabilitation of the controlled insurer has been entered pursuant to the Nebraska Insurers Supervision, Rehabilitation, and Liquidation Act and the receiver appointed under the order believes that the controlling producer or any other person has not materially complied with the Producer-Controlled Property and Casualty Insurer Act or any rule or regulation or order and the controlled insurer suffered any loss or damage therefrom, the receiver may maintain a civil action for recovery of damages or other appropriate sanctions for the benefit of the controlled insurer.

(3) This section shall not affect the right of the director to impose any other penalties provided for in Chapter 44.

(4) This section is not intended to and shall not in any manner alter or affect the rights of policyholders, claimants, creditors, or other third parties.

Laws 1992, LB 1006, § 73.

Nebraska Insurers Supervision, Rehabilitation, and Liquidation Act, see section 44-4862 .
Neb. Rev. Stat. § 70-673 — NE Code / Chapter 70 / Section 70-673
View Statute 70-673
Status: in_force

(1) Notwithstanding any other provision of law, the public power industry as defined in section 70-601 and the Nebraska Power Review Board may withhold competitive or proprietary information which would give an advantage to business competitors. Competitive information is information which a reasonable person, knowledgeable of the electric utility industry, could conclude gives an advantage to business competitors.

(2) Any request for records described in this section shall be subject to the procedures for public record requests provided in sections 84-712 to 84-712.09 .

Laws 2018, LB1008, § 3.
Neb. Rev. Stat. § 38-1407 — NE Code / Chapter 38 / Section 38-1407
View Statute 38-1407
Status: in_force

Casket means a receptacle for a dead human body and does not include vaults, lawn crypts, mausoleums, or other outside receptacles for caskets.

Laws 2007, LB463, § 543.
Neb. Rev. Stat. § 21-178 — NE Code / Chapter 21 / Section 21-178
View Statute 21-178
Status: in_force

(RULLCA 1009) (a) An organization that has been converted pursuant to sections 21-170 to 21-184 is for all purposes the same entity that existed before the conversion.

(b) When a conversion takes effect:

(1) all property owned by the converting organization remains vested in the converted organization;

(2) all debts, obligations, or other liabilities of the converting organization continue as debts, obligations, or other liabilities of the converted organization;

(3) an action or proceeding pending by or against the converting organization may be continued as if the conversion had not occurred;

(4) except as prohibited by law other than the Nebraska Uniform Limited Liability Company Act, all of the rights, privileges, immunities, powers, and purposes of the converting organization remain vested in the converted organization;

(5) except as otherwise provided in the plan of conversion, the terms and conditions of the plan of conversion take effect; and

(6) except as otherwise agreed, the conversion does not dissolve a converting limited liability company for the purposes of sections 21-147 to 21-154 .

(c) A converted organization that is a foreign organization consents to the jurisdiction of the courts of this state to enforce any debt, obligation, or other liability for which the converting limited liability company is liable if, before the conversion, the converting limited liability company was subject to suit in this state on the debt, obligation, or other liability.

Laws 2010, LB888, § 78.
Neb. Rev. Stat. § 8-2603.01 — NE Code / Chapter 8 / Section 8-2603.01
View Statute 8-2603.01
Status: in_force

(1) A consumer reporting agency shall place a security freeze for a protected consumer if:

(a) The consumer reporting agency receives a request from the representative for the placement of the security freeze under this section; and

(b) The representative:

(i) Submits the request to the consumer reporting agency at the address or other point of contact and in the manner specified by the consumer reporting agency; and

(ii) Provides to the consumer reporting agency:

(A) Sufficient proof of identification of the protected consumer and the representative; and

(B) Sufficient proof of authority to act on behalf of the protected consumer.

(2) If a consumer reporting agency does not have a file pertaining to a protected consumer when the consumer reporting agency receives a request described in subdivision (1)(a) of this section, the consumer reporting agency shall create a record for the protected consumer.

(3) Within thirty days after receiving a request that meets the requirements of this section, a consumer reporting agency shall place a security freeze for the protected consumer.

Laws 2016, LB835, § 4;

Laws 2018, LB757, § 2.
Neb. Rev. Stat. § 71-617.08 — NE Code / Chapter 71 / Section 71-617.08
View Statute 71-617.08
Status: in_force

(1) If a delayed certificate of birth is denied by the department, a petition signed and sworn to by the petitioner may be filed with the county court of Lancaster County, of the county of the petitioner's residence, or of the county in which the birth is claimed to have occurred.

(2) The petition shall be made on a form prescribed and furnished by the department and shall allege:

(a) That the person for whom a delayed certificate of birth is sought was born in this state;

(b) That no certificate of birth of such person can be found in the files or records of the department;

(c) That diligent efforts by the petitioner have failed to obtain evidence required by sections 71-617.05 and 71-617.06 that is considered acceptable by the department;

(d) That the department has refused to register a delayed certificate of birth; and

(e) Such other allegations as may be required.

Laws 1985, LB 42, § 15;

Laws 1996, LB 1044, § 532;

Laws 1997, LB 307, § 147;

Laws 2007, LB296, § 422.
Neb. Rev. Stat. § 13-1114 — NE Code / Chapter 13 / Section 13-1114
View Statute 13-1114
Status: in_force

At the time fixed in the notice or on any adjourned day thereafter, any person interested may appear and be heard at a public hearing before the county board of the county in which the petition is filed. After such hearing, if the county board shall find from the evidence produced that (1) such tract is suitable for use as an industrial area, (2) it will be generally beneficial to the community, and (3) the owners of all the land embraced therein have consented to such designation, such board shall designate such tract as an industrial area and cause a certified copy of such order to be filed and recorded in the offices of the county assessor and the register of deeds of the county or counties in which the real estate is situated. If such tract is located in whole or in part within an unincorporated area over which any city or village exercises zoning control, the designation of such tract as an industrial area must first be approved by the municipal legislative body.

Laws 1957, c. 51, § 3, p. 241;

Laws 1965, c. 84, § 3, p. 324;

Laws 1967, c. 99, § 2, p. 300;

Laws 1979, LB 217, § 3;

R.S.1943, (1983), § 19-2503.

County board has jurisdiction to designate an industrial area. City of Grand Island v. Ehlers, 180 Neb. 331, 142 N.W.2d 770 (1966).

County board has jurisdiction to designate an industrial area. City of Grand Island v. Ehlers, 180 Neb. 331, 142 N.W.2d 770 (1966).
Neb. Rev. Stat. § 60-119 — NE Code / Chapter 60 / Section 60-119
View Statute 60-119
Status: in_force

Kit vehicle means a vehicle which was assembled by a person other than a generally recognized manufacturer of vehicles by the use of a reproduction resembling a specific manufacturer's make and model that is at least thirty years old purchased from an authorized manufacturer and accompanied by a manufacturer's statement of origin. Kit vehicle does not include glider kits.

Laws 2005, LB 276, § 19;

Laws 2018, LB909, § 13.
Neb. Rev. Stat. § 38-1908 — NE Code / Chapter 38 / Section 38-1908
View Statute 38-1908
Status: in_force

Medical radiography means the application of radiation to humans for diagnostic purposes, including, but not limited to, utilizing proper:

(1) Radiation protection for the patient, the radiographer, and others;

(2) Radiation-generating equipment operation and quality control;

(3) Image production and evaluation;

(4) Radiographic procedures;

(5) Processing of films;

(6) Positioning of patients;

(7) Performance methods to achieve optimum radiographic technique with a minimum of radiation exposure; and

(8) Patient care and management as it relates to the practice of medical radiography.

Laws 2007, LB463, § 646;

Laws 2010, LB849, § 3.
Neb. Rev. Stat. § 13-2602 — NE Code / Chapter 13 / Section 13-2602
View Statute 13-2602
Status: in_force

(1) The Legislature finds that it will be beneficial to the economic well-being of the people of this state that there be convention and meeting center facilities and sports arena facilities of appropriate size and quality to host regional, national, or international events. Regional refers to states that border Nebraska; national refers to states other than those that border Nebraska; and international refers to nations other than the United States.

(2) The Legislature further finds that such facilities may (a) generate new economic activity as well as additional state and local taxes from persons residing within and outside the state and (b) create new economic opportunities for residents.

(3) In order that the state may receive any long-term economic and fiscal benefits from such facilities, a need exists to provide some state assistance to political subdivisions endeavoring to construct, acquire, substantially reconstruct, expand, operate, improve, or equip such facilities.

(4) Therefore, it is deemed to be in the best interest of both the state and its political subdivisions that the state assist political subdivisions in financing the construction, acquisition, substantial reconstruction, expansion, operation, improvement, or equipping of such facilities.

(5) The amount of state assistance provided under the Convention Center Facility Financing Assistance Act shall be limited to a designated portion of state sales tax revenue collected by retailers and operators doing business at such facilities on sales at such facilities, state sales tax revenue collected on primary and secondary box office sales of admissions to such facilities, and state sales tax revenue collected by associated hotels and nearby retailers.

Laws 1999, LB 382, § 2;

Laws 2007, LB551, § 1;

Laws 2023, LB727, § 16.

Limitation on applications, see section 13-2612 .
Neb. Rev. Stat. § 21-314 — NE Code / Chapter 21 / Section 21-314
View Statute 21-314
Status: in_force

Occupation tax or taxes to be paid as provided in sections 21-301 to 21-330 may be recovered by an action in the name of the state and on collection shall be remitted to the State Treasurer for credit to the General Fund.

Laws 1913, c. 240, § 14, p. 750;

R.S.1913, § 774;

C.S.1922, § 692;

C.S.1929, § 24-1714;

R.S.1943, § 21-314;

Laws 1969, c. 124, § 7, p. 573;

Laws 1988, LB 800, § 2;

Laws 2003, LB 524, § 9;

Laws 2014, LB749, § 247.
Neb. Rev. Stat. § 69-502 — NE Code / Chapter 69 / Section 69-502
View Statute 69-502
Status: in_force

For purposes of the Reduced Cigarette Ignition Propensity Act:

(1) Agent means any person authorized by the Tax Commissioner to purchase and affix stamps or cigarette tax meter impressions on packages of cigarettes under sections 77-2601 to 77-2615 ;

(2) Cigarette has the same meaning as in section 77-2601 ;

(3) Consumer testing means an assessment of cigarettes that is conducted by a manufacturer, or under the control or direction of a manufacturer, for the purpose of evaluating consumer acceptance of the cigarettes;

(4) Manufacturer means:

(a) Any entity which manufactures or otherwise produces cigarettes or causes cigarettes to be manufactured or produced anywhere that such manufacturer intends to sell in this state, including cigarettes intended to be sold in the United States through an importer;

(b) The first purchaser anywhere that intends to resell in the United States cigarettes manufactured anywhere that the original manufacturer or maker does not intend to be sold in the United States; or

(c) Any entity that becomes a successor of an entity described in subdivision (4)(a) or (b) of this section;

(5) Quality control and quality assurance program means the laboratory procedures implemented to ensure that operator bias, systematic and nonsystematic methodological errors, and equipment-related problems do not affect the results of the testing. Such a program ensures that the testing repeatability remains within the required repeatability values stated in section 69-503 for all test trials used to certify cigarettes in accordance with the Reduced Cigarette Ignition Propensity Act;

(6) Repeatability means the range of values within which the repeat results of cigarette test trials from a single laboratory will fall ninety-five percent of the time;

(7) Retail dealer means any person, other than a manufacturer or wholesale dealer, engaged in selling cigarettes or tobacco products;

(8) Sale means any transfer for consideration, exchange, barter, gift, offer for sale, or distribution in any manner or by any means whatsoever;

(9) Sell means to sell or to offer or agree to do the same; and

(10) Wholesale dealer means any person, other than a manufacturer, who sells cigarettes or tobacco products to retail dealers or other persons for purposes of resale and any person who owns, operates, or maintains one or more cigarette or tobacco product vending machines in, at, or upon premises owned or occupied by any other person.

Laws 2009, LB198, § 2;

Laws 2011, LB590, § 3.