FrankGoortani/open-us-law huggingface dataset:
Neb. Rev. Stat. § 29-437 — NE Code / Chapter 29 / Section 29-437
View Statute 29-437
Status: in_force

The trial of any person for an infraction shall be by the court without a jury. All other rights provided by the Constitution of the United States made applicable to the states by the Fourteenth Amendment to the Constitution of the United States and the Constitution of the State of Nebraska shall apply to persons charged with an infraction.

Laws 1979, LB 534, § 4.
Neb. Rev. Stat. § 17-605 — NE Code / Chapter 17 / Section 17-605
View Statute 17-605
Status: in_force

The city clerk or village clerk shall have the custody of all laws and ordinances and shall keep a correct journal of the proceedings of the city council of a city of the second class or village board of trustees. After the period of time specified by the State Records Administrator pursuant to the Records Management Act, the city clerk or village clerk may transfer such journal of the proceedings of the city council or village board of trustees to the State Archives of the Nebraska State Historical Society for permanent preservation. He or she shall also perform such other duties as may be required by the ordinances of the city or village. If the city clerk or village clerk is acting as the city treasurer or village treasurer, he or she shall also comply with the requirements of subsection (3) of section 17-606 .

Laws 1879, § 63, p. 208;

R.S.1913, § 5147;

C.S.1922, § 4322;

C.S.1929, § 17-513;

R.S.1943, § 17-605;

Laws 1973, LB 224, § 5;

Laws 2013, LB112, § 3;

Laws 2017, LB133, § 204;

Laws 2020, LB781, § 4.

Records Management Act, see section 84-1220 .

City has power to appropriate money for an audit of the accounts of the clerk. Campbell Co. v. City of Harvard, 123 Neb. 539, 243 N.W. 653 (1932).

City has power to appropriate money for an audit of the accounts of the clerk. Campbell Co. v. City of Harvard, 123 Neb. 539, 243 N.W. 653 (1932).

This section does not specifically require the recording of reading of city ordinances. Hull v. City of Humboldt, 107 Neb. 326, 186 N.W. 78 (1921).

This section does not specifically require the recording of reading of city ordinances. Hull v. City of Humboldt, 107 Neb. 326, 186 N.W. 78 (1921).
Neb. Rev. Stat. § 2-1505 — NE Code / Chapter 2 / Section 2-1505
View Statute 2-1505
Status: in_force

The commission shall designate a chairperson, a vice-chairperson, and such other officers as it may desire and may, from time to time, change such designation. A majority of the commission shall constitute a quorum, and the concurrence of a majority in any matter within their duties shall be required for its determination. Each of the members of the commission shall receive a per diem of fifty dollars per day for each day in the performance of his or her duties on the commission, but no member shall receive more than two thousand dollars in any one year, and in addition shall be entitled to expenses, including traveling expenses, necessarily incurred in the discharge of his or her duties on the commission, as provided in sections 81-1174 to 81-1177 .

Laws 1937, c. 8, § 4, p. 95;

C.S.Supp.,1941, § 2-1904;

R.S.1943, § 2-1505;

Laws 1957, c. 3, § 3, p. 84;

Laws 1961, c. 4, § 3, p. 68;

Laws 1972, LB 542, § 3;

Laws 1978, LB 653, § 2;

Laws 1980, LB 701, § 1;

Laws 1981, LB 204, § 5;

Laws 2000, LB 900, § 23.
Neb. Rev. Stat. § 34-103 — NE Code / Chapter 34 / Section 34-103
View Statute 34-103
Status: in_force

Every person liable to contribute to the construction and maintenance of a division fence or any portion thereof shall maintain his or her portion in good repair, including the necessary removal or trimming of trees and woody growth within or encroaching upon the fenceline to repair or avoid damage to, or dislocation of, the division fence. The occurrence of trees and woody growth within or encroaching upon a division fence that causes damage to, or dislocation of, the fence shall constitute a private nuisance to the adjacent landowner's possessory interests in his or her land.

Laws 2011, LB108, § 1.
Neb. Rev. Stat. § 46-1014 — NE Code / Chapter 46 / Section 46-1014
View Statute 46-1014
Status: in_force

At the time and place set for the hearing and consideration of the petition, the county board shall ascertain (1) whether proper notice has been given as required by section 46-1013 and (2) whether the statements contained in the petition are true. If true and if a majority of the members of the board of the district to which attachment is desired do not object to such statement, the county board shall enter into its minutes such findings and shall set forth in such minutes a description of the new boundaries of such district. Thereafter owners of land located within the attached territory shall be entitled to subscribe to such benefit units upon such terms and conditions as the board in its discretion may provide. Any owner of land located within any territory attached to a district as provided by sections 46-1001 to 46-1020 , who shall subscribe to one or more benefit units and comply with terms and conditions provided by the board, shall be entitled to the same rights as participating members are entitled to.

Laws 1967, c. 279, § 14, p. 753.
Neb. Rev. Stat. § 59-1621 — NE Code / Chapter 59 / Section 59-1621
View Statute 59-1621
Status: in_force

Upon a finding in district court that a conspiracy in restraint of trade existed in an action brought pursuant to section 59-1603 or 59-1604 , that finding shall constitute prima facie evidence of the existence of the conspiracy in subsequent civil actions involving the conspiracy.

Laws 1974, LB 1028, § 28.
Neb. Rev. Stat. § 31-430 — NE Code / Chapter 31 / Section 31-430
View Statute 31-430
Status: in_force

The district may dig ditches and drains under and across railroads and public highways.

Laws 1907, c. 153, § 24, p. 484;

R.S.1913, § 1894;

C.S.1922, § 1842;

C.S.1929, § 31-530;

R.S.1943, § 31-430.

Section is constitutional and the county can impose no conditions. Douglas County v. Papillion Drainage District, 92 Neb. 771, 139 N.W. 718 (1913).

Section is constitutional and the county can impose no conditions. Douglas County v. Papillion Drainage District, 92 Neb. 771, 139 N.W. 718 (1913).
Neb. Rev. Stat. § 44-3903 — NE Code / Chapter 44 / Section 44-3903
View Statute 44-3903
Status: in_force

Sections 44-3901 to 44-3908 shall not apply to the following persons:

(1) Licensees for whom an examination is not required under the laws of this state;

(2) Licensees who sell or consult only in the areas of credit life insurance and credit accident and health insurance;

(3) Licensees who sell or consult only in the area of travel insurance;

(4) Licensees who sell or consult only in the area of self-service storage facility insurance pursuant to section 44-4069 ;

(5) Licensees holding such limited or restricted licenses as the director may exempt; and

(6) Licensees in their first license period if that first license expires less than one year after the date of licensing.

Laws 1982, LB 274, § 3;

Laws 1985, LB 48, § 1;

Laws 1989, LB 92, § 243;

Laws 1990, LB 984, § 1;

Laws 2001, LB 51, § 34;

Laws 2015, LB458, § 1;

Laws 2018, LB1012, § 1;

Laws 2021, LB21, § 5.
Neb. Rev. Stat. § 32-627 — NE Code / Chapter 32 / Section 32-627
View Statute 32-627
Status: in_force

(1) If a vacancy on the ballot arises for any partisan office except President and Vice President of the United States before a general election, the vacancy shall be filled by the majority vote of the proper committee of the same political party. If the vacancy exists for an office serving only a particular district of the state, only those members of the political party committee who reside within that district shall participate in selecting the candidate to fill the vacancy. No vacancy on the ballot shall be deemed to have occurred if a political party makes no nomination of a candidate at the primary election for the office. If a vacancy on the ballot arises for Governor, the vacancy shall be filled by the majority vote of the proper committee of the same political party, and the candidate for Governor shall select a person of the same political party to be the candidate for Lieutenant Governor on the general election ballot. If a vacancy on the ballot arises for the Lieutenant Governor on or before September 1, the candidate for Governor shall select a new candidate for Lieutenant Governor in the same manner as required in section 32-619.01 .

(2) The chairperson and secretary of the executive committee for the political party shall make and file with the filing officer a certificate setting forth the cause of the vacancy, the name of the person so nominated, the office for which he or she was nominated, the name of the person for which the new nominee is to be substituted, the place of residence of the person so nominated, the street and number of the residence or place of business of the person so nominated if such person resides in a city, and the name of the political party with which the person so nominated affiliates which such committee represents. The certificate shall be signed by the chairperson and secretary with the name and places of their residences and sworn to by them before some officer authorized to administer oaths. If there is no executive committee of the political party or in lieu of the executive committee filling such vacancy, a mass convention of the political party may fill the vacancy and the chairperson and secretary of such convention shall make and file with the filing officer a certificate in form and manner substantially as is required to be filed by the chairperson and secretary of the executive committee under this subsection. The certificate shall be filed by September 1 for a general election and have the same force and effect as the candidate filing form provided for in section 32-607 . The filing fee charged to candidates for such offices shall accompany the filing of the certificate.

Laws 1994, LB 76, § 195;

Laws 2001, LB 768, § 4;

Laws 2012, LB503, § 2.
Neb. Rev. Stat. § 32-111 — NE Code / Chapter 32 / Section 32-111
View Statute 32-111
Status: in_force

Incumbent shall mean the person whom the canvassers or the courts declare elected to an elective office or who has been appointed to an elective office.

Laws 1994, LB 76, § 11.
Neb. Rev. Stat. § 60-1422 — NE Code / Chapter 60 / Section 60-1422
View Statute 60-1422
Status: in_force

No franchisor shall enter into any franchise for the purpose of establishing an additional motor vehicle, combination motor vehicle and trailer, motorcycle, or trailer dealership or warranty repair service facility, in any community in which the same line-make is then represented, unless the franchisor has first established in a hearing held under the Motor Vehicle Industry Regulation Act that there is good cause for such additional motor vehicle, combination motor vehicle and trailer, motorcycle, or trailer dealership under such franchise, or warranty repair service facility, and that it is in the public interest.

Laws 1971, LB 768, § 22;

Laws 2003, LB 182, § 2;

Laws 2010, LB816, § 74.

In an application for the establishment of a new motor vehicle franchise, the franchisor has the burden of establishing the existence of good cause for establishing the dealership and that such dealership is in the public interest. In re Application of General Motors Corp., 232 Neb. 11, 439 N.W.2d 453 (1989).

In an application for the establishment of a new motor vehicle franchise, the franchisor has the burden of establishing the existence of good cause for establishing the dealership and that such dealership is in the public interest. In re Application of General Motors Corp., 232 Neb. 11, 439 N.W.2d 453 (1989).
Neb. Rev. Stat. § 71-1628.07 — NE Code / Chapter 71 / Section 71-1628.07
View Statute 71-1628.07
Status: in_force

(1) The Department of Health and Human Services shall establish a satellite office of minority health in each congressional district to coordinate and administer state policy relating to minority health. Each office shall implement a minority health initiative in counties with a minority population of at least five percent of the total population of the county as determined by the most recent federal decennial census which shall target, but not be limited to, infant mortality, cardiovascular disease, obesity, diabetes, and asthma.

(2) Each office shall prepare an annual report regarding minority health initiatives implemented in the immediately preceding fiscal year. The report shall be submitted to the department by October 1. The department shall submit such reports electronically to the Health and Human Services Committee of the Legislature by December 1.

Laws 2001, LB 692, § 10;

Laws 2003, LB 412, § 1;

Laws 2005, LB 301, § 37;

Laws 2007, LB296, § 479;

Laws 2012, LB782, § 112.
Neb. Rev. Stat. § 23-507 — NE Code / Chapter 23 / Section 23-507
View Statute 23-507
Status: in_force

In case the amount so produced by the rate of tax so proposed and levied shall exceed the amount expended for the specific object for which the same was voted, it shall not therefor be held invalid, but such excess, after said buildings and furnishings are paid for, shall go into the county general fund.

Laws 1895, c. 27, § 7, p. 130;

R.S.1913, § 442;

C.S.1922, § 359;

C.S.1929, § 11-707;

R.S.1943, § 23-507.
Neb. Rev. Stat. § 30-3503 — NE Code / Chapter 30 / Section 30-3503
View Statute 30-3503
Status: in_force

(a) A person may create a custodial trust of property by a written transfer of the property to another person, evidenced by registration or by other instrument of transfer, executed in any lawful manner, naming as beneficiary, an individual who may be the transferor, in which the transferee is designated, in substance, as the custodial trustee under the Nebraska Uniform Custodial Trust Act.

(b) A person may create a custodial trust of property by a written declaration, evidenced by registration of the property or by other instrument of declaration, executed in any lawful manner, describing the property and naming as beneficiary an individual other than the declarant, in which the declarant as titleholder is designated, in substance, as custodial trustee under the act. A registration or other declaration of trust in which the declarant is designated as custodial trustee for the sole benefit of the declarant is not a custodial trust under the act.

(c) Title to custodial trust property is in the custodial trustee and the beneficial interest is in the beneficiary.

(d) Except as provided in subsection (e) of this section, a transferor may not terminate a custodial trust.

(e) The beneficiary, if not incapacitated, or the conservator of an incapacitated beneficiary, may terminate a custodial trust by delivering to the custodial trustee a writing signed by the beneficiary or conservator declaring the termination. If not previously terminated, the custodial trust terminates on the death of the beneficiary.

(f) Any person may augment existing custodial trust property by the addition of other property pursuant to the act.

(g) The transferor may designate, or authorize the designation of, a successor custodial trustee in the trust instrument.

(h) The act does not displace or restrict other means of creating trusts. A trust whose terms do not conform to the act may be enforceable according to its terms under other law.

Laws 1997, LB 51, § 3;

Laws 1999, LB 62, § 1.
Neb. Rev. Stat. § 44-4053 — NE Code / Chapter 44 / Section 44-4053
View Statute 44-4053
Status: in_force

(1) A person applying for a resident insurance producer license shall make application to the director on the uniform application and declare under penalty of denial, suspension, or revocation of the license that the statements made in the application are true, correct, and complete to the best of the individual's knowledge and belief. Before approving the application, the director shall find that the individual:

(a) Is at least eighteen years of age. Notwithstanding the provisions of section 43-2101 , if any person is issued a license pursuant to the Insurance Producers Licensing Act, his or her minority ends;

(b) Has not committed any act that is a ground for denial, suspension, or revocation set forth in section 44-4059 ;

(c) Has paid the fees set forth in section 44-4064 ; and

(d) Has successfully passed the examinations for the lines of authority for which the person has applied.

(2) A business entity acting as an insurance producer is required to obtain an insurance producer license. Application shall be made using the uniform business entity application. Before approving the application, the director shall find that:

(a) The business entity has paid the fees set forth in section 44-4064 ; and

(b) The business entity has designated a licensed producer responsible for the business entity's compliance with the insurance laws, rules, and regulations of this state.

(3) The director may require any documents reasonably necessary to verify the information contained in an application.

(4) Each insurer that sells, solicits, or negotiates any form of limited line credit insurance shall provide to each individual whose duties will include selling, soliciting, or negotiating limited line credit insurance a program of instruction that may be approved by the director.

Laws 2001, LB 51, § 7;

Laws 2018, LB743, § 24.
Neb. Rev. Stat. § 35-1201 — NE Code / Chapter 35 / Section 35-1201
View Statute 35-1201
Status: in_force

Sections 35-1201 to 35-1207 shall be known and may be cited as the Mutual Finance Assistance Act.

Laws 1998, LB 1120, § 1.
Neb. Rev. Stat. § 28-1244 — NE Code / Chapter 28 / Section 28-1244
View Statute 28-1244
Status: in_force

Except as provided in section 28-1245 , it shall be unlawful for any person to possess, sell, offer for sale, bring into this state, or discharge any fireworks other than consumer fireworks.

Laws 1977, LB 38, § 276;

Laws 2010, LB880, § 5.
Neb. Rev. Stat. § 30-3208 — NE Code / Chapter 30 / Section 30-3208
View Statute 30-3208
Status: in_force

(1) Notwithstanding the provisions of sections 30-3201 and 30-3207 , any bank or trust company qualified to act as fiduciary in this state may:

(a) Establish and maintain common trust funds for the collective investment of funds held in any fiduciary capacity by it or by another bank or trust company which is owned or controlled by a corporation which owns or controls such bank or trust company; and

(b) As a fiduciary or cofiduciary, invest funds which it holds for investment in common trust funds established and maintained by another bank or trust company which is owned or controlled by a corporation which owns or controls such bank or trust company if such investment is not prohibited by the instrument, judgment, decree, or order creating such fiduciary relationship.

(2) To the extent not inconsistent with this section, sections 30-3201 to 30-3203 and 30-3207 shall apply to the establishment and maintenance of, and investment in common trust funds under this section.

(3) This section shall apply to fiduciary relationships now in existence or hereafter created.

Laws 1982, LB 951, § 1;

R.S.1943, (1985), § 24-601.05.
Neb. Rev. Stat. § 21-292 — NE Code / Chapter 21 / Section 21-292
View Statute 21-292
Status: in_force

(MBCA 8.09) (a) The district court of the county where a corporation's principal office, or, if none in this state, its registered office, is located may remove a director of the corporation from office in a proceeding commenced by or in the right of the corporation if the court finds that (1) the director engaged in fraudulent conduct with respect to the corporation or its shareholders, grossly abused the position of director, or intentionally inflicted harm on the corporation and (2) considering the director's course of conduct and the inadequacy of other available remedies, removal would be in the best interest of the corporation.

(b) A shareholder proceeding on behalf of the corporation under subsection (a) of this section shall comply with all of the requirements of sections 21-275 to 21-282 , except subdivision (1) of section 21-276 .

(c) The court, in addition to removing the director, may bar the director from reelection for a period prescribed by the court.

(d) Nothing in this section limits the equitable powers of the court to order other relief.

Laws 2014, LB749, § 92.
Neb. Rev. Stat. § 2-5006 — NE Code / Chapter 2 / Section 2-5006
View Statute 2-5006
Status: in_force

The board shall:

(1) Advise the commission, the department, and the University of Nebraska Institute of Agriculture and Natural Resources on current and future regulations and issues which may enhance the development of the aquaculture industry;

(2) Conduct public meetings for the purpose of addressing current issues affecting aquaculture, as well as obtaining feedback from the commercial aquaculturists;

(3) Join in consultation with the commission and department on all matters pertaining to commercial aquaculturists and aquaculture, including the importation of nonindigenous species into Nebraska for commercial use; and

(4) Review any orders of the commission for the quarantine or destruction of aquatic organisms which are affected with prohibited pathogens. The board may make recommendations to the commission regarding such orders.

Laws 1994, LB 1165, § 4.

Termination Date: July 1, 2026
Neb. Rev. Stat. § 68-627 — NE Code / Chapter 68 / Section 68-627
View Statute 68-627
Status: in_force

The Governor or some agency or individual designated by him or her shall, at such time or times and places and in such manner as the Governor or such agency or individual shall determine, conduct and supervise referendums as provided by sections 68-621 to 68-630 among the eligible employees included in the referendum groups referred to in section 68-621 .

Laws 1955, c. 264, § 21, p. 825;

Laws 1988, LB 802, § 8.
Neb. Rev. Stat. § 30-128 — NE Code / Chapter 30 / Section 30-128
View Statute 30-128
Status: in_force

Sections 30-121 to 30-128 may be cited as the Uniform Simultaneous Death Act.

Laws 1947, c. 112, § 8, p. 306.
Neb. Rev. Stat. § 23-1213.02 — NE Code / Chapter 23 / Section 23-1213.02
View Statute 23-1213.02
Status: in_force

The council shall also:

(1) Help establish a voluntary network of regional officials including, but not limited to, law enforcement, county coroners, and medical personnel to provide death investigation support services for any location in Nebraska;

(2) Help determine the membership of such networks; and

(3) Develop, design, and provide standardized forms in both hard copy and electronic copy for use in death investigations.

Laws 2009, LB671, § 4.
Neb. Rev. Stat. § 25-1716 — NE Code / Chapter 25 / Section 25-1716
View Statute 25-1716
Status: in_force

The judgment for unpaid court costs in any court of this state shall cease to be a lien on real estate unless action has been brought thereon within (1) five years after the latest partial payment has been made thereon, or (2) five years after such case becomes inactive or is closed by final judgment. The lien of any unpaid costs as of February 20, 1974, which would otherwise be terminated by this section shall continue for one year from such date at which time it shall terminate unless an action has been brought thereon within such year.

Laws 1974, LB 666, § 1.
Neb. Rev. Stat. § 68-964 — NE Code / Chapter 68 / Section 68-964
View Statute 68-964
Status: in_force

The Autism Treatment Program is created. The program shall be administered by the department.

Laws 2007, LB482, § 3;

R.S.1943, (2008), § 85-1,140;

Laws 2009, LB27, § 4.