FrankGoortani/open-us-law huggingface dataset:
Neb. Rev. Stat. § 20-150 — NE Code / Chapter 20 / Section 20-150
View Statute 20-150
Status: in_force

(1) The Legislature hereby finds and declares that it is the policy of the State of Nebraska to secure the rights of deaf and hard of hearing persons who cannot readily understand or communicate in spoken language and who consequently cannot equally participate in or benefit from proceedings, programs, and activities of state agencies and law enforcement personnel unless interpreters are available to assist them. State agencies and law enforcement personnel shall appoint licensed interpreters as provided in sections 20-150 to 20-159 , except that courts and probation officials shall appoint interpreters as provided in sections 20-150 to 20-159 and 25-2401 to 25-2407 and public school districts and educational service units shall appoint qualified educational interpreters.

(2) The Commission for the Deaf and Hard of Hearing shall license and evaluate interpreters and video remote interpreting providers pursuant to section 20-156 . The commission shall (a) develop licensed interpreter guidelines for distribution, (b) develop training to implement the guidelines, (c) adopt and promulgate rules and regulations to implement the guidelines and requirements for licensed interpreters, and (d) develop a roster of interpreters as required in section 71-4728 .

(3) It is the intent of the Legislature to assure that qualified educational interpreters are provided to deaf and hard of hearing children in kindergarten-through-grade-twelve public school districts and educational service units. The State Department of Education shall adopt and promulgate rules and regulations to implement the guidelines and requirements for qualified educational interpreters, and such rules and regulations shall apply to all qualified educational interpreters.

Laws 1987, LB 376, § 1;

Laws 1997, LB 851, § 1;

Laws 2002, LB 22, § 1;

Laws 2006, LB 87, § 1;

Laws 2015, LB287, § 1.

Legal proceedings, use of interpreters, see section 25-2401 et seq.
Neb. Rev. Stat. § 13-915 — NE Code / Chapter 13 / Section 13-915
View Statute 13-915
Status: in_force

In any suit brought pursuant to the Political Subdivisions Tort Claims Act and sections 16-727 , 16-728 , 23-175 , 39-809 , and 79-610 and based upon an alleged defect in the construction or maintenance of a sidewalk, public building, or other public facility, an affirmative showing that the claimant had actual knowledge of the alleged defect at the time of the occurrence of the injury, and that an alternate safe route was available and known to the claimant, shall constitute a defense to the suit.

Laws 1969, c. 138, § 12, p. 631;

R.S.1943, (1983), § 23-2412;

Laws 1996, LB 900, § 1028.

This section provides an affirmative defense to defendant and must be both pled and proved by defendant. Hill v. City of Lincoln, 249 Neb. 88, 541 N.W.2d 655 (1996).

This section provides an affirmative defense to defendant and must be both pled and proved by defendant. Hill v. City of Lincoln, 249 Neb. 88, 541 N.W.2d 655 (1996).

Defendant village is not liable for injuries suffered by plaintiff when she tripped and fell on a slight irregularity in the sidewalk, where there was no evidence that the village had received any complaint or notice of the condition of the sidewalk, and where the defect was clearly visible to the plaintiff. Doht v. Village of Walthill, 207 Neb. 377, 299 N.W.2d 177 (1980).

Defendant village is not liable for injuries suffered by plaintiff when she tripped and fell on a slight irregularity in the sidewalk, where there was no evidence that the village had received any complaint or notice of the condition of the sidewalk, and where the defect was clearly visible to the plaintiff. Doht v. Village of Walthill, 207 Neb. 377, 299 N.W.2d 177 (1980).
Neb. Rev. Stat. § 13-1403 — NE Code / Chapter 13 / Section 13-1403
View Statute 13-1403
Status: in_force

When it has been determined by the county board or the governing body of any such municipality that it is expedient to establish such board of public docks the county board or the governing body of such municipality shall appoint as members of the dock board, seven such commissioners who shall have been residents of the county or municipality, as the case may be, in which they are appointed for a period of not less than five years and shall be prominently identified with the commercial and business interests of the county or municipality, as the case may be, and who shall not at the time of their appointment or during their term of office be interested in or be employed by any common carrier; and such board shall act without compensation. Of the commissioners initially appointed, three shall serve for a term of one year, three for a term of two years, and one for a term of three years. As the term of office of each commissioner expires, his successor shall be appointed by the county board or the governing body, and the term of office of such commissioner shall be three years. The commissioners shall qualify by taking oath for the faithful performance of their duties. Within ten days after their appointment the commissioners shall meet and organize such board by the election from among their number of a president, a vice president, and a treasurer of the board, and shall elect a secretary who need not be a member of the board. Any two of the offices except president and vice president may be held by one commissioner. The board shall from time to time adopt rules and regulations, consistent with the provisions of sections 13-1401 to 13-1417 , for the government of the board and its proceedings, which shall be adopted by resolution and shall be recorded in a book kept by the board and known as the book of rules and regulations. The rules and regulations shall be in force after one publication in some legal newspaper published in or circulating in the municipality. The board shall maintain an office and keep a record of all its proceedings and acts, and books of accounts shall at all times be open to public inspection. If any commissioner shall at any time during his incumbency cease to have the qualifications required by this section for his appointment or shall willfully violate any of his duties under the law, such commissioner shall be removed by the county board or the governing body after written charges have been preferred against him and a due hearing of such charges shall have been had by the county board or the governing body upon reasonable notice to such commissioner. Vacancies occurring in the board through resignation or otherwise shall be filled by the county board or the governing body for the unexpired term.

Laws 1937, c. 37, § 2, p. 167;

C.S.Supp.,1941, § 18-2002;

R.S.1943, § 18-702;

Laws 1951, c. 20, § 2, p. 103;

Laws 1967, c. 84, § 2, p. 260;

R.S.1943, (1983), § 18-702.
Neb. Rev. Stat. § 22-402 — NE Code / Chapter 22 / Section 22-402
View Statute 22-402
Status: in_force

(1) The county boards of any two or more adjoining counties may enter into a consolidation agreement for the consolidation of such counties or for the consolidation of one or more county or township offices except the office of county commissioner or county supervisor. The county boards of any two or more adjoining counties may enter into a consolidation agreement for the joint performance of any common function or service. A consolidation agreement shall not be considered an interlocal cooperation agreement pursuant to the Interlocal Cooperation Act.

(2) The consolidation agreement shall include (a) the names of the several counties which propose to consolidate, (b) the name or names under which the counties would consolidate which shall distinguish it from the name of any other county in Nebraska other than the consolidating counties, (c) the manner of financing and allocating all costs associated with the agreement, (d) the property, real and personal, belonging to each county and the fair value thereof in current money of the United States, (e) the indebtedness, bonded and otherwise, of each county and the repayment of the indebtedness after consolidation, (f) the proposed name and location of the county seat of the consolidated county, (g) if the counties have different forms of county organization and government, the proposed form of county organization and government of the consolidated county or counties, and (h) any other terms of the agreement.

(3) If the consolidation agreement provides for the joint performance of any common function or service or the consolidation of one or more county or township offices, the agreement shall also include (a) a description of the function or service which will be performed jointly or the office which will be consolidated, (b) the duration of the agreement, (c) the method for establishing and allocating salaries of holders of consolidated offices, (d) the method for adopting budgets and appropriating money for the joint function, service, or office, (e) the allocation of assets and liabilities pursuant to the agreement, (f) the procedure for amendment of the agreement, (g) the method of withdrawing from the agreement in accordance with section 22-416 and the distribution of assets upon withdrawal, and (h) the method of dissolving the agreement and the distribution of assets or liabilities upon dissolution.

(4) Each county board may appoint an advisory committee composed of three persons to assist the board in the preparation of such agreement.

Laws 1933, c. 34, § 2, p. 217;

C.S.Supp.,1941, § 25-402;

R.S.1943, § 22-402;

Laws 1951, c. 44, § 2, p. 155;

Laws 1996, LB 1085, § 11;

Laws 1997, LB 269, § 22.

Interlocal Cooperation Act, see section 13-801 .
Neb. Rev. Stat. § 53-117.03 — NE Code / Chapter 53 / Section 53-117.03
View Statute 53-117.03
Status: in_force

(1) On or before January 1, 2007, the commission shall adopt and promulgate rules and regulations governing programs which provide training for persons employed in the sale and service of alcoholic liquor and management of licensed premises. Such rules and regulations may include, but need not be limited to:

(a) Minimum standards governing training of beverage servers, including standards and requirements governing curriculum, program trainers, and certification requirements;

(b) Minimum standards governing training in management of licensed premises, including standards and requirements governing curriculum, program trainers, and certification requirements;

(c) Minimum standards governing the methods allowed for training programs which may include the Internet, interactive video, live training in various locations across the state, and other means deemed appropriate by the commission;

(d) Methods for approving beverage-server training organizations and programs. All beverage-server training programs approved by the commission shall issue a certificate of completion to all persons who successfully complete the program and shall provide the names of all persons completing the program to the commission;

(e) Enrollment fees in an amount determined by the commission to be necessary to cover the administrative costs, including salary and benefits, of enrolling in a training program offered by the commission pursuant to subsection (2) of this section, but not to exceed thirty dollars; and

(f) Procedures and fees for certification, which fees shall be in an amount determined by the commission to be sufficient to defray the administrative costs, including salary and benefits, associated with maintaining a list of persons certified under this section and issuing proof of certification to eligible individuals but shall not exceed twenty dollars.

(2) The commission may create a program to provide training for persons employed in the sale and service of alcoholic liquor and management of licensed premises. The program shall include training on the issues of sales and service of alcoholic liquor to minors and to visibly inebriated purchasers. The commission may charge each person enrolling in the program an enrollment fee as provided in the rules and regulations, but such fee shall not exceed thirty dollars. All such fees shall be collected by the commission and remitted to the State Treasurer for credit to the Nebraska Liquor Control Commission Rule and Regulation Cash Fund.

(3) A person who has completed a training program which complies with the rules and regulations, whether such program is offered by the commission or by another organization, may become certified by the commission upon the commission receiving evidence that he or she has completed such program and the person seeking certification paying the certification fee established under this section.

Laws 2006, LB 845, § 3;

Laws 2013, LB199, § 22.
Neb. Rev. Stat. § 81-2002 — NE Code / Chapter 60 / Section 81-2002
81-2002
Status: in_force

The superintendent, also designated as colonel, shall, with the approval of the Governor, appoint such subordinate officers of the Nebraska State Patrol as lieutenant colonel, majors, captains, lieutenants, sergeants, corporals, patrol officers, and such other employees as may be necessary to carry out the provisions of this act. The salaries of all such appointees shall be fixed by the superintendent, with the approval of the Governor. In addition to his or her salary, each sworn employee of the Nebraska State Patrol shall receive an expense allowance of one hundred dollars per month. All such appointees shall be bonded or insured as required by section 11-201 . Premiums shall be paid from the fund appropriated to the Nebraska State Patrol.

Laws 1937, c. 141, § 3, p. 507;

Laws 1941, c. 176, § 5, p. 691;

C.S.Supp.,1941, § 60-418;

R.S.1943, § 60-432;

Laws 1959, c. 286, § 4, p. 1085;

Laws 1965, c. 386, § 1, p. 1240;

Laws 1969, c. 510, § 1, p. 2089;

Laws 1978, LB 653, § 20;

R.S.1943, (1978), § 60-432;

Laws 1981, LB 541, § 2;

Laws 2004, LB 884, § 44.

"This act", formerly defined in section 60-401 as meaning sections 60-401 to 60-430.06 . For the last printed version of section 60-401 see the 1988 Reissue of Volume 3B.
Neb. Rev. Stat. § 38-806 — NE Code / Chapter 71 / Section 38-806
38-806
Status: in_force

The Chiropractic Practice Act shall not be construed to include the following classes of persons:

(1) Licensed physicians and surgeons and licensed osteopathic physicians who are exclusively engaged in the practice of their respective professions;

(2) Physicians who serve in the armed forces of the United States or the United States Public Health Service or who are employed by the United States Department of Veterans Affairs or other federal agencies, if their practice is limited to that service or employment;

(3) Chiropractors licensed in another state when incidentally called into this state in consultation with a chiropractor licensed in this state; or

(4) Students enrolled in an accredited college of chiropractic when the services performed are a part of the course of study and are under the direct supervision of a licensed chiropractor.

Laws 1927, c. 167, § 77, p. 474;

C.S.1929, § 71-1102;

R.S.1943, § 71-178;

Laws 1989, LB 342, § 14;

Laws 1990, LB 1064, § 12;

R.S.1943, (2003), § 71-178;

Laws 2007, LB463, § 247.
Neb. Rev. Stat. § 23-3505 — NE Code / Chapter 23 / Section 23-3505
23-3505
Status: in_force

The board of trustees shall:

(1) Hold meetings at least once each month and keep a complete record of all of its proceedings;

(2) Adopt bylaws, rules, and regulations for its own guidance and for the governance of a facility. The board of trustees shall file such bylaws, rules, and regulations with the county board;

(3) Employ or contract for an administrator of a facility, fix the administrator's compensation, and review the administrator's job performance on at least an annual basis. The administrator shall oversee the day-to-day operations of the facility and its employees;

(4) If a facility maintains a medical staff, adopt and approve medical staff bylaws that govern the medical staff of the facility, approve the appointment of a qualified medical staff, and oversee the quality of medical care and services provided at the facility;

(5) Manage and control a facility's funds in accordance with guidelines established for political subdivisions by the Nebraska Investment Council and invest such funds in investments as permitted for counties in the State of Nebraska;

(6) Fix the price to be charged to patients admitted to a facility for care and treatment;

(7) Establish charity-care policies for free treatment or financial assistance for care provided by a facility;

(8) Procure and pay premiums on any and all insurance policies required for the prudent management of a facility, including, but not limited to, general liability, professional malpractice liability, workers' compensation, vehicle liability, and directors' and officers' liability; and

(9) On or before July 15 of each year:

(a) File with the county board a report of its proceedings with reference to a facility and a statement of all receipts and expenditures during the year; and

(b) Certify the amount necessary, if any, to maintain and improve a facility for the ensuing year.

The treasurer of the board of trustees or his or her designee shall receive and pay out all money under the control of the board of trustees as ordered by the board and report such expenditures and receipts to the county board as required by subdivision (9)(a) of this section.

Laws 1945, c. 44, § 5, p. 210;

Laws 1963, c. 114, § 5, p. 450;

Laws 1967, c. 121, § 5, p. 389;

Laws 1987, LB 134, § 2;

R.S.1943, (1987), § 23-343.04;

Laws 2012, LB995, § 5.
Neb. Rev. Stat. § 19-3310 — NE Code / Chapter 19 / Section 19-3310
View Statute 19-3310
Status: in_force

The Offstreet Parking District Act shall be liberally construed.

Laws 1967, c. 60, § 10, p. 200;

R.S.Supp.,1967, § 16-821;

Laws 1969, c. 88, § 10, p. 440;

Laws 2019, LB193, § 188.
Neb. Rev. Stat. § 3-608 — NE Code / Chapter 3 / Section 3-608
View Statute 3-608
Status: in_force

The governing body of any county shall have power to make and enforce such resolutions, rules, and regulations as shall lawfully be made for the control and supervision of any airport, landing field, or airdrome acquired, established, or operated by it, and for the control of aircraft and airmen, but such resolutions, rules, and regulations shall not conflict with the rules and regulations for the navigation of aircraft promulgated by the United States Government. This power shall extend to the space above the lands and waters included within the limits of such county, and to the space above any airport, landing field, or airdrome outside its limits.

Laws 1969, c. 141, § 8, p. 650.
Neb. Rev. Stat. § 14-1247 — NE Code / Chapter 14 / Section 14-1247
View Statute 14-1247
Status: in_force

Any city of the metropolitan class exercising the power granted in section 14-1202 to jointly purchase by bargain and sale any existing bridge may do so either when the electors have authorized such joint purchase or have authorized any independent purchase of such bridge. The city council may enter into a joint contract with the other political unit as to all the conditions of purchase and the conditions of subsequent reconditioning, operation, toll charges, repair, maintenance, renewal, replacement, enlargement, and extension of such bridge. Title to the bridge shall vest in the political units cooperating as tenants in common and operation shall be by the joint bridge commission provided for in section 14-1244 and subject to the conditions provided with reference to such joint bridge commission.

Laws 1929, c. 176, § 23, p. 630;

C.S.1929, § 14-1223;

R.S.1943, § 14-1247;

Laws 2022, LB800, § 280.
Neb. Rev. Stat. § 17-926 — NE Code / Chapter 17 / Section 17-926
View Statute 17-926
Status: in_force

Any city of the second class or village through its mayor and city council or village board of trustees may, by eminent domain, condemn, purchase, hold, and pay for land not exceeding one hundred sixty acres outside the corporate limits of any city of the second class or village for the purpose of the burial of the dead. The mayor and city council or chairperson and village board of trustees are also empowered and authorized to receive by gift or devise real estate for cemetery purposes. In the event any city of the second class or village through its mayor and city council or chairperson and village board of trustees desires to purchase any cemetery belonging to any corporation, partnership, limited liability company, association, or individual, which cemetery has already been properly surveyed and platted, and is used for cemetery purposes, then the mayor and city council or chairperson and village board of trustees are hereby authorized and empowered to purchase the cemetery. In the event the owner or owners of such cemetery desired to be purchased by any city of the second class or village will not or cannot sell and convey such cemetery to the city or village or in the event the owner or owners of such cemetery cannot agree upon the price to be paid for the cemetery, the mayor and city council or the village board of trustees shall by resolution declare the necessity for the acquisition of such cemetery by exercise of the power of eminent domain. The adoption of the resolution shall be deemed conclusive evidence of such necessity. The procedure to condemn property shall be exercised in the manner set forth in sections 76-704 to 76-724 .

Laws 1929, c. 46, § 1, p. 195;

C.S.1929, § 17-541;

R.S.1943, § 17-926;

Laws 1951, c. 101, § 60, p. 474;

Laws 1963, c. 70, § 3, p. 273;

Laws 1993, LB 121, § 136;

Laws 2017, LB133, § 265.
Neb. Rev. Stat. § 59-1509 — NE Code / Chapter 59 / Section 59-1509
View Statute 59-1509
Status: in_force

(1) Any retailer may advertise, offer to sell, or sell cigarettes at a price made in good faith to meet the price of a competitor who is selling the same article in this state at cost to him as a retailer as prescribed in sections 59-1501 to 59-1518 . Any wholesaler may advertise, offer to sell, or sell cigarettes at a price made in good faith to meet the price of a competitor who is rendering the same type of service and is selling the same article at cost to him as a wholesaler as prescribed in sections 59-1501 to 59-1518 . The price of cigarettes advertised, offered for sale, or sold under the exceptions specified in section 59-1508 shall not be considered the price of a competitor and shall not be used as a basis for establishing prices below cost, nor shall the price established at a bankruptcy sale be considered the price of a competitor within the meaning of this section.

(2) In the absence of proof of the price of a competitor, under this section, the lowest cost to the retailer, or the lowest cost to the wholesaler, as the case may be, determined by any cost survey, made pursuant to section 59-1513 , may be deemed the price of a competitor within the meaning of this section.

Laws 1965, c. 364, § 9, p. 1190.
Neb. Rev. Stat. § 46-184 — NE Code / Chapter 46 / Section 46-184
View Statute 46-184
Status: in_force

In case of the exclusion of any lands under the provisions of sections 46-173 to 46-183 , there shall be refunded to any and all persons who have paid any assessment or assessments to such district, or any land so excluded, any sum or sums so paid. Such payments shall be made in the same manner as other claims against such district, and from such fund or funds as the board of directors may designate; Provided, where such parties have realized benefits from the organization and operation of the district, the value of such benefits shall be deducted from the assessments paid in by such parties, and the balance, if any, refunded.

Laws 1895, c. 70, § 58, p. 301;

R.S.1913, § 3514;

C.S.1922, § 2914;

C.S.1929, § 46-159;

R.S.1943, § 46-184.