FrankGoortani/open-us-law huggingface dataset:
Neb. Rev. Stat. § 70-607 — NE Code / Chapter 70 / Section 70-607
View Statute 70-607
Status: in_force

Upon receipt of such petition it shall be the duty of the Nebraska Power Review Board at once to make an investigation of the proposed district and of its proposed plants, systems, or irrigation works, and, if deemed by the Nebraska Power Review Board feasible and conforming to public convenience and welfare, the Nebraska Power Review Board, or its successor, by its executive head, shall thereupon and within thirty days from the receipt of such petition, execute a certificate in duplicate, setting forth a true copy of the petition and declaring that the petition has been approved.

Laws 1933, c. 86, § 3, p. 339;

Laws 1937, c. 152, § 3, p. 579;

C.S.Supp.,1941, § 70-703;

Laws 1943, c. 145, § 1(5), p. 509;

R.S.1943, § 70-607;

Laws 1967, c. 419, § 1, p. 1293;

Laws 1981, LB 181, § 11.

Petition, when approved, becomes the charter of the district. Schroll v. City of Beatrice, 169 Neb. 162, 98 N.W.2d 790 (1959).

Petition, when approved, becomes the charter of the district. Schroll v. City of Beatrice, 169 Neb. 162, 98 N.W.2d 790 (1959).

Provision in this section that a certificate of approval of petition for incorporation shall be issued within thirty days from filing of the petition is directory as distinguished from mandatory where the statute itself imposes duties of a judicial nature requiring a longer time. State ex rel. Wright v. Eastern Nebraska Public Power District, 130 Neb. 683, 266 N.W. 594 (1936); State ex rel. Wright v. Lancaster County Rural Public Power District, 130 Neb. 677, 266 N.W. 591 (1936).

Provision in this section that a certificate of approval of petition for incorporation shall be issued within thirty days from filing of the petition is directory as distinguished from mandatory where the statute itself imposes duties of a judicial nature requiring a longer time. State ex rel. Wright v. Eastern Nebraska Public Power District, 130 Neb. 683, 266 N.W. 594 (1936); State ex rel. Wright v. Lancaster County Rural Public Power District, 130 Neb. 677, 266 N.W. 591 (1936).
Neb. Rev. Stat. § 60-339 — NE Code / Chapter 60 / Section 60-339
View Statute 60-339
Status: in_force

Motor vehicle means any vehicle propelled by any power other than muscular power. Motor vehicle does not include (1) mopeds, (2) farm tractors, (3) self-propelled equipment designed and used exclusively to carry and apply fertilizer, chemicals, or related products to agricultural soil and crops, agricultural floater-spreader implements, and other implements of husbandry designed for and used primarily for tilling the soil and harvesting crops or feeding livestock, (4) power unit hay grinders or a combination which includes a power unit and a hay grinder when operated without cargo, (5) vehicles which run only on rails or tracks, (6) off-road designed vehicles not authorized by law for use on a highway, including, but not limited to, golf car vehicles, go-carts, riding lawnmowers, garden tractors, all-terrain vehicles, utility-type vehicles, snowmobiles registered or exempt from registration under sections 60-3,207 to 60-3,219 , and minibikes, (7) road and general-purpose construction and maintenance machinery not designed or used primarily for the transportation of persons or property, including, but not limited to, ditchdigging apparatus, asphalt spreaders, bucket loaders, leveling graders, earthmoving carryalls, power shovels, earthmoving equipment, and crawler tractors, (8) self-propelled chairs used by persons who are disabled, (9) electric personal assistive mobility devices, and (10) bicycles as defined in section 60-611 .

Laws 2005, LB 274, § 39;

Laws 2007, LB286, § 27;

Laws 2010, LB650, § 23;

Laws 2011, LB289, § 15;

Laws 2012, LB1155, § 10;

Laws 2015, LB95, § 6.

Licensed automobile dealer is required to note mortgage lien on certificate of title. Bank of Keystone v. Kayton, 155 Neb. 79, 50 N.W.2d 511 (1951).

Licensed automobile dealer is required to note mortgage lien on certificate of title. Bank of Keystone v. Kayton, 155 Neb. 79, 50 N.W.2d 511 (1951).

Legislative definition of motor vehicle for purposes of classification for licensing or taxing does not change the common meaning of words with relation to other matters. Moffitt v. State Automobile Ins. Assn., 140 Neb. 578, 300 N.W. 837 (1941), vacating on rehearing, 139 Neb. 512, 297 N.W. 918 (1941).

Legislative definition of motor vehicle for purposes of classification for licensing or taxing does not change the common meaning of words with relation to other matters. Moffitt v. State Automobile Ins. Assn., 140 Neb. 578, 300 N.W. 837 (1941), vacating on rehearing, 139 Neb. 512, 297 N.W. 918 (1941).

Failure of supposed owner to register automobile as required by law is suspicious circumstance, putting purchaser on inquiry. Wallich v. Sandlovich, 111 Neb. 318, 196 N.W. 317 (1923).

Failure of supposed owner to register automobile as required by law is suspicious circumstance, putting purchaser on inquiry. Wallich v. Sandlovich, 111 Neb. 318, 196 N.W. 317 (1923).
Neb. Rev. Stat. § 45-1307 — NE Code / Chapter 45 / Section 45-1307
View Statute 45-1307
Status: in_force

The State Treasurer may adopt and promulgate rules and regulations to carry out the Medical Debt Relief Act.

Laws 2024, LB937, § 49.
Neb. Rev. Stat. § 57-1617 — NE Code / Chapter 57 / Section 57-1617
View Statute 57-1617
Status: in_force

(1) In addition to the fee required under section 57-1616 , storage operators shall pay the commission a fee on each ton of carbon dioxide injected for storage. The fee shall be in an amount set by the commission in rules and regulations adopted and promulgated by the commission. The amount shall be based on the commission's anticipated expenses associated with long-term monitoring and management of the storage facility following issuance of the certificate of project completion under section 57-1619 .

(2) Any fees collected pursuant to this section shall be remitted to the State Treasurer for credit to the Carbon Dioxide Storage Facility Trust Fund, which is hereby created. The fund shall be administered by the commission and shall be used only for defraying expenses the commission incurs in long-term monitoring and management of a closed storage facility. The commission, however, through a cooperative or interlocal cooperation agreement with another state agency, may use the fund to compensate the cooperating agency for expenses the cooperating agency incurs in carrying out regulatory responsibilities such agency may have over a storage facility. Interest earned by the fund shall be deposited in the fund. Any money in the fund available for investment shall be invested by the state investment officer pursuant to the Nebraska Capital Expansion Act and the Nebraska State Funds Investment Act. Transfers from the fund are not permitted.

Laws 2021, LB650, § 17.

Nebraska Capital Expansion Act, see section 72-1269 .

Nebraska State Funds Investment Act, see section 72-1260 .
Neb. Rev. Stat. § 71-950 — NE Code / Chapter 71 / Section 71-950
View Statute 71-950
Status: in_force

Continuances shall be liberally granted at the request of the subject. Continuances may be granted to permit the subject to obtain voluntary treatment at a private facility.

Laws 1976, LB 806, § 64;

Laws 1985, LB 252, § 6;

R.S.1943, (1999), § 83-1054;

Laws 2004, LB 1083, § 70.
Neb. Rev. Stat. § 23-901 — NE Code / Chapter 23 / Section 23-901
View Statute 23-901
Status: in_force

Sections 23-901 to 23-920 shall be known and may be cited as the County Budget Act of 1937.

Laws 1937, c. 56, § 1, p. 224;

C.S.Supp.,1941, § 26-2101;

R.S.1943, § 23-901;

Laws 1945, c. 45, § 1, p. 212.

Preparation of general county budget is outlined in this and following sections. State ex rel. Agricultural Extension Service v. Miller, 182 Neb. 285, 154 N.W.2d 469 (1967).

Preparation of general county budget is outlined in this and following sections. State ex rel. Agricultural Extension Service v. Miller, 182 Neb. 285, 154 N.W.2d 469 (1967).
Neb. Rev. Stat. § 60-145 — NE Code / Chapter 60 / Section 60-145
View Statute 60-145
Status: in_force

For any motor vehicle which is to be used as a taxi or limousine, the application and the certificate of title shall show on the face thereof that such vehicle is being used or has been used as a taxi or limousine and such subsequent certificates of title shall show the same information.

Laws 2005, LB 276, § 45;

Laws 2007, LB286, § 10.
Neb. Rev. Stat. § 71-1584 — NE Code / Chapter 71 / Section 71-1584
View Statute 71-1584
Status: in_force

A duly certified copy of the resolution or ordinance establishing a regional housing agency shall, in any proceeding in which such evidence may be required, be conclusive evidence that such agency has been properly established and is authorized to transact business and exercise its powers under the Nebraska Housing Agency Act.

Laws 1999, LB 105, § 13.
Neb. Rev. Stat. § 59-1503 — NE Code / Chapter 59 / Section 59-1503
View Statute 59-1503
Status: in_force

It shall be unlawful and a violation of sections 59-1501 to 59-1518 :

(1) For any retailer, wholesaler or other person with intent to injure competitors or destroy or substantially lessen competition (a) to advertise, offer to sell, or sell, at retail or wholesale, cigarettes at less than cost as defined in sections 59-1501 to 59-1518 , to such a retailer or wholesaler, as the case may be, or (b) to offer a rebate in price, to give a rebate in price, to offer a concession of any kind, or to give a concession of any kind or nature whatsoever in connection with the sale of cigarettes, if such rebate or concession offered or given in connection with the sale of cigarettes is not offered or given by the wholesaler or retailer in the same ratio with respect to all other merchandise as to which such rebate or concession may lawfully be given which is sold by such wholesaler or retailer in the ordinary course of his trade or business; Provided, that for the purpose of sections 59-1501 to 59-1518 , a so-called tie-in sale of cigarettes, whereby in conjunction with the purchase of cigarettes, at a price which would not otherwise be less than cost to the vendor, the purchaser is offered other merchandise or other thing of value, without charge or at a charge less than the fair and reasonable retail value of such other merchandise or thing of value, such transaction shall be deemed a rebate or concession; or

(2) For any retailer, with intent to injure competitors or destroy or substantially lessen competition, (a) to induce or attempt to induce or to procure or attempt to procure the purchase of cigarettes at a price less than cost to wholesaler as defined in sections 59-1501 to 59-1518 , or (b) to induce or attempt to induce or to procure or attempt to procure any rebate or concession of any kind or nature whatsoever in connection with the purchase of cigarettes.

Any retailer or wholesaler or agent thereof who violates the provisions of this section is a disorderly person and shall be guilty of a Class V misdemeanor.

Evidence of advertisement, offering to sell or sale of cigarettes by any retailer or wholesaler at less than cost to him or evidence of any offer of a rebate in price or the giving of a rebate in price or an offer of a concession or the giving of a concession of any kind or nature whatsoever in connection with the sale of cigarettes, if such rebate or concession offered or given in connection with the sale of cigarettes is not offered or given by the wholesaler or retailer in the same ratio with respect to all other merchandise as to which such rebate or concession may lawfully be given which is sold by such wholesaler or retailer in the ordinary course of his trade or business, or the inducing or attempt to induce or the procuring or the attempt to procure the purchase of cigarettes at a price less than cost to the wholesaler or the retailer shall be prima facie evidence of intent to injure competition and to destroy or substantially lessen competition.

Laws 1965, c. 364, § 3, p. 1186;

Laws 1977, LB 39, § 68.
Neb. Rev. Stat. § 29-1304 — NE Code / Chapter 29 / Section 29-1304
View Statute 29-1304
Status: in_force

When a change of venue is allowed, the court shall recognize the witnesses on the part of the state to appear before the court in which the prisoner is to be tried.

G.S.1873, c. 58, § 458, p. 824;

R.S.1913, § 9027;

C.S.1922, § 10051;

C.S.1929, § 29-1304;

R.S.1943, § 29-1304.

Upon change of venue, recognizance may be required of witnesses to appear before the court in which the accused is to be tried. State v. Furstenau, 167 Neb. 439, 93 N.W.2d 384 (1958).

Upon change of venue, recognizance may be required of witnesses to appear before the court in which the accused is to be tried. State v. Furstenau, 167 Neb. 439, 93 N.W.2d 384 (1958).

Court cannot create indebtedness against county by appointing bailiff to detain witness. Shaw v. Holt County, 88 Neb. 348, 129 N.W. 552 (1911).

Court cannot create indebtedness against county by appointing bailiff to detain witness. Shaw v. Holt County, 88 Neb. 348, 129 N.W. 552 (1911).
Neb. Rev. Stat. § 43-4402 — NE Code / Chapter 43 / Section 43-4402
View Statute 43-4402
Status: in_force

The Legislature finds that the department needs a uniform electronic data collection system to collect and evaluate data regarding children served, the quality of child welfare services provided, and the outcomes produced by such child welfare services.

Laws 2012, LB1160, § 2;

Laws 2022, LB1173, § 12.
Neb. Rev. Stat. § 2-2710 — NE Code / Chapter 2 / Section 2-2710
View Statute 2-2710
Status: in_force

Any person selling a current tractor model of one hundred or more horsepower for use in the State of Nebraska without a permit issued by the department for such tractor model shall be required to repurchase any such tractor model sold in Nebraska for which a permit has not been issued. A claim by a purchaser under this section shall be brought within two years from the date of purchase.

Laws 1963, c. 425, art. III, § 45, p. 1397;

R.R.S.1943, § 75-345;

Laws 1967, c. 480, § 10, p. 1489;

Laws 1971, LB 692, § 10;

Laws 1977, LB 40, § 24;

Laws 1986, LB 768, § 13;

Laws 2012, LB907, § 5.
Neb. Rev. Stat. § 19-3804 — NE Code / Chapter 19 / Section 19-3804
View Statute 19-3804
Status: in_force

Any county providing, or city or village receiving, police services pursuant to sections 19-3801 to 19-3804 may receive and expend for the purposes of sections 19-3801 to 19-3804 any available state or federal grants.

Laws 1971, LB 594, § 4.
Neb. Rev. Stat. § 9-332 — NE Code / Chapter 9 / Section 9-332
9-332
Status: in_force

A manufacturer shall obtain a license from the department prior to manufacturing or selling or supplying to any licensed distributor in this state any pickle cards or pickle card units or engaging in any interstate activities relating to such pickle cards or pickle card units, except that nothing in this section shall prohibit a manufacturer from marketing, selling, or otherwise providing pickle cards or pickle card units to a federally recognized Indian tribe for use in a Class II gaming activity authorized by the federal Indian Gaming Regulatory Act. The applicant shall include with the application form prescribed by the department a biennial license fee of three thousand fifty dollars, a sworn statement by the applicant or appropriate officer of the applicant that the applicant will comply with all provisions of the Nebraska Pickle Card Lottery Act and all rules and regulations adopted and promulgated pursuant to the act, and such other information as the department deems necessary. If the applicant is an individual, the application shall include the applicant's social security number.

The applicant shall notify the department within thirty days of any change in the information submitted on or with the application form. The applicant shall comply with all applicable laws of the United States and the State of Nebraska and all applicable rules and regulations of the department.

Manufacturers' licenses shall expire on September 30 of every odd-numbered year or such other date as the department may prescribe by rule and regulation. Manufacturers' licenses may be renewed biennially. An application for license renewal shall be submitted to the department at least forty-five days prior to the expiration date of the license.

Laws 1985, LB 408, § 19;

R.S.Supp.,1985, § 9-143.02;

Laws 1986, LB 1027, § 98;

Laws 1989, LB 767, § 36;

Laws 1991, LB 427, § 37;

Laws 1994, LB 694, § 80;

Laws 1997, LB 248, § 13;

Laws 1997, LB 752, § 67.
Neb. Rev. Stat. § 60-1502 — NE Code / Chapter 60 / Section 60-1502
View Statute 60-1502
Status: in_force

The Director of Motor Vehicles shall take the oath as provided by law and be bonded or insured as required by section 11-201 .

Laws 1957, c. 366, § 55, p. 1284;

Laws 1978, LB 653, § 22;

Laws 2004, LB 884, § 33.
Neb. Rev. Stat. § 8-310 — NE Code / Chapter 8 / Section 8-310
View Statute 8-310
Status: in_force

So long as any association is delayed in meeting payment to withdrawing members due to insufficient funds applicable to such purpose, any loan made to a member shall be from funds not applicable for payment to withdrawing members, and shall not exceed one-half of the credit value of the member's stock unless secured also by the pledge of real estate. If the only security for such a loan be a pledge of the member's stock, the association shall take from the borrower a note for the payment thereof with interest, payable on demand, and a notice for withdrawal of sufficient of the stock to pay such note and interest unless such notice is already on file, and the association shall not demand payment of such note until it has funds available for the payment of the withdrawal notice in the sequence of its filing.

Laws 1941, c. 12, § 1, p. 84;

C.S.Supp.,1941, § 8-304;

R.S.1943, § 8-310.
Neb. Rev. Stat. § 39-1645 — NE Code / Chapter 39 / Section 39-1645
View Statute 39-1645
Status: in_force

To pay the cost of the improvement as the work progresses the county may issue progress warrants drawn against the rural road improvement fund for the total cost of materials purchased on receipt of the materials, for the right-of-way acquired, for engineering and legal expense, and other incidental expenses, and ninety-five percent of the cost of the work completed and materials necessarily purchased and delivered for the orderly and proper continuation of the project by the contractor as certified by the engineer in charge. On completion of the contract and the acceptance of the improvement by the county, a warrant may be drawn for the balance due the contractor. The warrants shall draw interest at the rate set by the county board. The county shall pay to the contractor interest, at the rate of eight percent per annum on the amounts due on partial and final payments, beginning forty-five days after the certification of the amounts due by the engineer in charge and approval by the governing body and running until the date that the warrant is tendered to the contractor.

Laws 1963, c. 213, § 8, p. 682;

Laws 1969, c. 51, § 107, p. 339;

Laws 1975, LB 112, § 9.
Neb. Rev. Stat. § 44-5135 — NE Code / Chapter 44 / Section 44-5135
View Statute 44-5135
Status: in_force

An insurer may invest in obligations secured by an assignment of a lease to or for the benefit of the insurer and the rents payable under the lease if:

(1) The lessee or ultimate guarantor of any lease securing the obligation is an entity the obligations of which are authorized for investment under sections 44-5123 to 44-5131 ;

(2) The rentals assigned are sufficient to repay not less than ninety percent of the obligation within the unexpired term of the lease excluding any term that may be provided by an enforceable option of renewal; and

(3) A first lien on the lessor's interest in the unencumbered leased property is obtained as additional security for the obligation for which the rentals described in subdivision (2) of this section are not sufficient to repay the obligation.

Laws 1991, LB 237, § 35.
Neb. Rev. Stat. § 13-927 — NE Code / Chapter 13 / Section 13-927
View Statute 13-927
Status: in_force

(1) A political subdivision shall post and maintain a sign at each skatepark and bicycle motocross park sponsored by the political subdivision containing the following warning notice: Under Nebraska law, a political subdivision is not liable for an injury to or the death of a participant in recreational activities resulting from the inherent risks of the recreational activities pursuant to section 13-910 .

(2) The absence of a sign shall not give rise to liability on the part of the political subdivision.

Laws 2007, LB564, § 3.
Neb. Rev. Stat. § 44-6831 — NE Code / Chapter 44 / Section 44-6831
View Statute 44-6831
Status: in_force

If, after the hearing, the director finds a health carrier has violated the Managed Care Emergency Services Act, the director shall reduce his or her findings to writing and shall issue and cause to be served upon the health carrier charged with the violation a copy of the findings and an order requiring the health carrier to cease and desist from engaging in the violation and the director may order any one or more of the following:

(1) Payment of a monetary penalty of not more than one thousand dollars for each violation, not to exceed an aggregate penalty of thirty thousand dollars, unless the violation was committed flagrantly and in conscious disregard of the Managed Care Emergency Services Act, in which case the penalty shall not be more than fifteen thousand dollars for each violation, not to exceed an aggregate penalty of one hundred fifty thousand dollars; and

(2) Suspension or revocation of the health carrier's certificate of authority if the health carrier knew or reasonably should have known it was in violation of the act.

Laws 1998, LB 1162, § 23.
Neb. Rev. Stat. § 13-1611 — NE Code / Chapter 13 / Section 13-1611
View Statute 13-1611
Status: in_force

Plan sponsor shall mean any political subdivision providing an employee benefit plan.

Laws 1991, LB 167, § 11.
Neb. Rev. Stat. § 12-922 — NE Code / Chapter 12 / Section 12-922
View Statute 12-922
Status: in_force

Any cemetery district subject to the provisions of Chapter 12, article 9, which has no outstanding indebtedness may be dissolved in the manner provided for formation of such districts. When such dissolution is ordered, any remaining funds of the district shall be transferred to the counties in which the district is situated in the same proportion as the area of the district in each county bears to the total area of the district, and such funds shall be deposited in the general fund of the respective counties.

Laws 1967, c. 37, § 1, p. 166.
Neb. Rev. Stat. § 39-1636.01 — NE Code / Chapter 39 / Section 39-1636.01
View Statute 39-1636.01
Status: in_force

If a petition signed by sixty percent of the electors of any district is filed with the county clerk of the county in which such district is located, the board of trustees of any road improvement district may contract for the installment, maintenance, and operation of road lighting systems sufficient to light any road in the district or any portion thereof when, in the judgment of the board of trustees, the lighting of such road or any portion thereof is in the interest of public safety. The cost of installing, maintaining, and operating such road lighting systems shall be levied as a special assessment against the real property specially benefited thereby in proportion to the benefit received. No such special assessment shall exceed thirty-five cents on each one hundred dollars upon the taxable valuation of such property.

Laws 1961, c. 201, § 1, p. 604;

Laws 1979, LB 187, § 161;

Laws 1992, LB 719A, § 140;

Laws 2015, LB361, § 56.
Neb. Rev. Stat. § 14-2152 — NE Code / Chapter 14 / Section 14-2152
14-2152
Status: in_force

The elections provided for in sections 14-2102 , 14-2120 , 14-2142 , and 14-2157 shall be held according to the Election Act.

Laws 1913, c. 143, § 19, p. 360;

R.S.1913, § 4261;

C.S.1922, § 3764;

C.S.1929, § 14-1020;

R.S.1943, § 14-1030;

R.S.1943, (1991), § 14-1030;

Laws 1992, LB 746, § 52;

Laws 1994, LB 76, § 479.

Election Act, see section 32-101 .