FrankGoortani/open-us-law huggingface dataset:
Neb. Rev. Stat. § 54-623 — NE Code / Chapter 54 / Section 54-623
View Statute 54-623
Status: in_force

(1) Any owner convicted of a violation of sections 54-617 to 54-624 shall not own a dangerous dog within ten years after such conviction. Any owner violating this subsection shall be guilty of a Class IIIA misdemeanor, and the dog shall be treated as provided in subsection (2) of this section.

(2) Except as provided in section 54-622.01 , if a dangerous dog of an owner with a prior conviction under sections 54-617 to 54-624 attacks or bites a human being or domestic animal, the owner shall be guilty of a Class IIIA misdemeanor. In addition, the dangerous dog shall be immediately confiscated by an animal control authority, placed in quarantine for the proper length of time, and thereafter destroyed in an expeditious and humane manner.

Laws 1989, LB 208, § 7;

Laws 2008, LB1055, § 20;

Laws 2009, LB494, § 11.
Neb. Rev. Stat. § 9-208 — NE Code / Chapter 9 / Section 9-208
9-208
Status: in_force

Department shall mean the Department of Revenue.

Laws 1984, LB 949, § 19;

R.S.Supp.,1984, § 9-140.12;

Laws 1986, LB 1027, § 9.
Neb. Rev. Stat. § 18-1915 — NE Code / Chapter 18 / Section 18-1915
View Statute 18-1915
Status: in_force

The State of Nebraska shall permit cities and villages to collect permit fees and inspect all sanitary plumbing installed or repaired, except for a single-family dwelling or a farm or ranch structure, within the State of Nebraska outside of the corporate limits or extraterritorial zoning jurisdiction of cities and villages. The city or village nearest the construction site shall have jurisdiction to collect such permit fees and conduct the inspection of the sanitary plumbing. If such city or village has a plumbing ordinance in force and effect, such ordinance will govern the installation of the sanitary plumbing. If there is no plumbing ordinance in effect for such city or village, the 2018 Uniform Plumbing Code designated by the American National Standards Institute as an American National Standard shall apply to all buildings except single-family dwellings and farm and ranch structures.

Laws 1969, c. 100, § 1, p. 474;

Laws 1996, LB 1304, § 2;

Laws 2012, LB42, § 2;

Laws 2021, LB131, § 17;

Laws 2021, LB163, § 129.
Neb. Rev. Stat. § 38-1138 — NE Code / Chapter 71 / Section 38-1138
38-1138
Status: in_force

A violation of provisions of the Dentistry Practice Act relating to the administration of general anesthesia, deep sedation, moderate sedation, minimal sedation, or inhalation analgesia may result in action against the dentist's permit, license, or both pursuant to section 38-196 .

Laws 1986, LB 438, § 5;

Laws 1988, LB 1100, § 33;

R.S.1943, (2003), § 71-193.25;

Laws 2007, LB463, § 471;

Laws 2015, LB80, § 8.
Neb. Rev. Stat. § 29-2821 — NE Code / Chapter 29 / Section 29-2821
View Statute 29-2821
Status: in_force

The person to be produced shall be designated by his name, if known, and if that is unknown or uncertain, he may be described in any other way so as to make known who is intended.

G.S.1873, c. 58, § 370, p. 808;

R.S.1913, § 9267;

C.S.1922, § 10296;

C.S.1929, § 29-2821;

R.S.1943, § 29-2821.
Neb. Rev. Stat. § 25-2163 — NE Code / Chapter 25 / Section 25-2163
View Statute 25-2163
Status: in_force

If no answer be made, a peremptory mandamus must be allowed against the defendant. If an answer be made containing new matter, the same shall not in any respect conclude the plaintiff, who may, on the trial or other proceeding, avail himself of any valid objection to its sufficiency, or may countervail it by proof, either in direct denial or by way of avoidance.

R.S.1867, Code § 652, p. 508;

R.S.1913, § 8278;

C.S.1922, § 9231;

C.S.1929, § 20-2163;

R.S.1943, § 25-2163.

The issuance of a peremptory writ of mandamus under this section because of a respondent's failure to answer the alternative writ is the equivalent of a default judgment. State ex rel. Unger v. State, 293 Neb. 549, 878 N.W.2d 540 (2016).

The issuance of a peremptory writ of mandamus under this section because of a respondent's failure to answer the alternative writ is the equivalent of a default judgment. State ex rel. Unger v. State, 293 Neb. 549, 878 N.W.2d 540 (2016).

If no answer is filed to alternative writ, peremptory writ must be allowed. State ex rel. Krieger v. Board of Supervisors of Clay County, 171 Neb. 117, 105 N.W.2d 721 (1960).

If no answer is filed to alternative writ, peremptory writ must be allowed. State ex rel. Krieger v. Board of Supervisors of Clay County, 171 Neb. 117, 105 N.W.2d 721 (1960).

Plaintiff may avail himself of any valid objection to new matter contained in the answer. State ex rel. Seth Thomas Clock Co. v. Board of County Commissioners of Cass County, 60 Neb. 566, 83 N.W. 733 (1900).

Plaintiff may avail himself of any valid objection to new matter contained in the answer. State ex rel. Seth Thomas Clock Co. v. Board of County Commissioners of Cass County, 60 Neb. 566, 83 N.W. 733 (1900).
Neb. Rev. Stat. § 17-501 — NE Code / Chapter 17 / Section 17-501
View Statute 17-501
Status: in_force

Cities of the second class and villages shall be bodies corporate and politic and shall have power (1) to sue and be sued; (2) to contract or be contracted with; (3) to acquire and hold real and personal property within or without the limits of the city or village, for the use of the city or village, convey property, real or personal, and lease, lease with option to buy, or acquire by gift or devise real or personal property; and (4) to receive and safeguard donations in trust and may, by ordinance, supervise and regulate such property and the principal and income constituting the foundation or community trust property in conformity with the instrument or instruments creating such trust. The city council of any city of the second class or the village board of trustees may elect a board of five members, to be known as a board of public trust, who shall be residents of such city or village and whose duties shall be defined by ordinance and who shall have control and management of such donations in trust, in conformity with such ordinance. At the time of the establishment of the board of public trust, one member shall be elected for a term of one year, one for a term of two years, one for a term of three years, one for a term of four years, and one for a term of five years, and thereafter one member shall be elected each year for a term of five years. Vacancies in the membership of the board of public trust shall be filled in like manner as regular members of the board of public trust are elected.

Laws 1879, § 56, p. 206;

R.S.1913, § 5080;

Laws 1917, c. 100, § 1, p. 264;

C.S.1922, § 4252;

C.S.1929, § 17-401;

Laws 1933, c. 29, § 1, p. 206;

Laws 1935, Spec. Sess., c. 10, § 6, p. 75;

Laws 1937, c. 30, § 1, p. 153;

Laws 1941, c. 25, § 1, p. 120;

Laws 1941, c. 130, § 14, p. 498;

C.S.Supp.,1941, § 17-401;

Laws 1943, c. 34, § 1, p. 152;

R.S.1943, § 17-501;

Laws 1971, LB 32, § 3;

Laws 2005, LB 626, § 3;

Laws 2017, LB133, § 117.

Right of city to employ special counsel may be implied from power to sue and be sued. Meeske v. Baumann, 122 Neb. 786, 241 N.W. 550 (1932), 83 A.L.R. 131 (1932).

Right of city to employ special counsel may be implied from power to sue and be sued. Meeske v. Baumann, 122 Neb. 786, 241 N.W. 550 (1932), 83 A.L.R. 131 (1932).

Village may bring suit in equity to declare a stockyard a public nuisance and to enjoin the same. Village of Kenesaw v. Chicago, B. & Q. R. R. Co., 91 Neb. 619, 136 N.W. 990 (1912).

Village may bring suit in equity to declare a stockyard a public nuisance and to enjoin the same. Village of Kenesaw v. Chicago, B. & Q. R. R. Co., 91 Neb. 619, 136 N.W. 990 (1912).

Power of city of second class to contract is not made dependent upon its having previously provided funds with which to pay for that which it contracts. Slocum v. City of North Platte, 192 F. 252 (8th Cir. 1911).

Power of city of second class to contract is not made dependent upon its having previously provided funds with which to pay for that which it contracts. Slocum v. City of North Platte, 192 F. 252 (8th Cir. 1911).
Neb. Rev. Stat. § 30-4406 — NE Code / Chapter 30 / Section 30-4406
View Statute 30-4406
Status: in_force

(1) Except as provided in subsection (2) of this section, in an advance mental health care directive, a principal may issue instructions, preferences, or both instructions and preferences concerning the principal's mental health treatment. If the principal has designated an attorney in fact under a power of attorney for health care, the advance mental health care directive shall be binding on the principal's attorney in fact. The instructions and preferences may address matters including, but not limited to:

(a) Consent to or refusal of specific types of mental health treatment, such as inpatient mental health treatment, psychotropic medication, or electroconvulsive therapy. Consent to electroconvulsive therapy must be express;

(b) Treatment facilities and care providers;

(c) Alternatives to hospitalization if twenty-four-hour care is deemed necessary;

(d) Physicians who will provide treatment;

(e) Medications for psychiatric treatment;

(f) Emergency interventions, including seclusion, restraint, or medication;

(g) The provision of trauma-informed care and treatment;

(h) In compliance with the federal Health Insurance Portability and Accountability Act of 1996, a release authorization form stating the name of persons to whom information regarding the mental health treatment of the principal may be disclosed during the time the directive is activated, including persons who should be notified immediately of admission to an inpatient facility;

(i) Individuals who should be prohibited from visitation; and

(j) Other instructions or preferences regarding mental health care.

(2) A principal may not consent to or authorize an attorney in fact to consent to psychosurgery in a directive. If such consent or authorization is expressed in the directive, this does not revoke the entire directive, but such a provision is unenforceable.

Laws 2020, LB247, § 6.
Neb. Rev. Stat. § 38-1062 — NE Code / Chapter 38 / Section 38-1062
View Statute 38-1062
Status: in_force

In order to be licensed by the department by examination, an individual shall meet, and present to the department evidence of meeting, the following requirements:

(1) Has attained the age of seventeen years on or before the beginning date of the examination for which application is being made;

(2) Has completed formal education equivalent to a United States high school education;

(3) Possesses a minimum competency in the knowledge and skills necessary to perform the practices for which licensure is sought, as evidenced by successful completion of an examination in the appropriate practices approved by the board and administered by the department;

(4) Possesses sufficient ability to read the English language to permit the applicant to practice in a safe manner, as evidenced by successful completion of the written examination; and

(5) Has graduated from a school of cosmetology or an apprentice salon in or outside of Nebraska, a school of esthetics in or outside of Nebraska, or a school of electrolysis upon completion of a program of studies appropriate to the practices for which licensure is being sought, as evidenced by a diploma or certificate from the school or apprentice salon to the effect that the applicant has complied with the following:

(a) For licensure as a cosmetologist, the program of studies shall consist of a minimum of one thousand eight hundred hours;

(b) For licensure as an esthetician, the program of studies shall consist of a minimum of six hundred hours;

(c) For licensure as a cosmetology instructor, the program of studies shall consist of a minimum of six hundred hours beyond the program of studies required for licensure as a cosmetologist;

(d) For licensure as a cosmetology instructor, be currently licensed as a cosmetologist in Nebraska, as evidenced by possession of a valid Nebraska cosmetology license;

(e) For licensure as an electrologist, the program of studies shall consist of a minimum of six hundred hours;

(f) For licensure as an electrology instructor, be currently licensed as an electrologist in Nebraska and have practiced electrology actively for at least two years immediately before the application; and

(g) For licensure as an esthetics instructor, completion of a program of studies consisting of a minimum of three hundred hours beyond the program of studies required for licensure as an esthetician and current licensure as an esthetician in Nebraska.

Laws 1986, LB 318, § 48;

Laws 1987, LB 543, § 6;

Laws 1995, LB 83, § 22;

Laws 1996, LB 1155, § 26;

Laws 1997, LB 752, § 168;

Laws 2002, LB 241, § 23;

Laws 2004, LB 1005, § 26;

R.S.Supp.,2006, § 71-387;

Laws 2007, LB463, § 324;

Laws 2018, LB731, § 16.

Credentialing, general requirements and issuance procedures, see section 38-121 et seq.
Neb. Rev. Stat. § 38-1107.02 — NE Code / Chapter 38 / Section 38-1107.02
View Statute 38-1107.02
Status: in_force

Expanded function dental hygienist means a licensed dental hygienist who has met the requirements to practice as an expanded function dental hygienist pursuant to section 38-1118.01 .

Laws 2017, LB18, § 8.
Neb. Rev. Stat. § 34-202 — NE Code / Chapter 34 / Section 34-202
View Statute 34-202
Status: in_force

Any individual or corporation who shall fail to protect such landmarks or corners shall be responsible for all damage that may accrue to the party injured by reason of such loss or destruction.

Laws 1929, c. 129, § 2, p. 479;

C.S.1929, § 34-202;

R.S.1943, § 34-202.
Neb. Rev. Stat. § 44-4857 — NE Code / Chapter 44 / Section 44-4857
View Statute 44-4857
Status: in_force

During the pendency in this or any other state of a liquidation proceeding, whether called by that name or not, no action or proceeding in the nature of an attachment, garnishment, or levy of execution shall be commenced or maintained in this state against the delinquent insurer or its assets.

Laws 1989, LB 319, § 57.
Neb. Rev. Stat. § 52-118.02 — NE Code / Chapter 52 / Section 52-118.02
View Statute 52-118.02
Status: in_force

Every suit instituted under section 52-118.01 shall be brought by any person entitled to the benefit of this action, but no such suit shall be commenced after the expiration of one year after the date of final settlement of the principal contract. The action shall be in the name of the party claiming the benefits of this action.

For the purposes of subsection (1) of section 52-118 , equipment which is rented for a project covered by such subsection under a lease with an option to purchase shall be considered to be equipment rented under a straight lease agreement not to exceed the reasonable rental value of the equipment during the period such equipment is actually used on such project and unless and until the option to purchase is validly exercised under the contract.

Laws 1955, c. 199, § 3, p. 567;

Laws 1969, c. 435, § 1, p. 1462;

Laws 1990, LB 257, § 3.

Final settlement under public building contract is a determination made and recorded in accordance with established administrative practice by the officer or department in charge that the contract has been completed and final payment is due. Zimmerman's Electric, Inc. v. Fidelity & Deposit Co., 194 Neb. 248, 231 N.W.2d 342 (1975).

Final settlement under public building contract is a determination made and recorded in accordance with established administrative practice by the officer or department in charge that the contract has been completed and final payment is due. Zimmerman's Electric, Inc. v. Fidelity & Deposit Co., 194 Neb. 248, 231 N.W.2d 342 (1975).

Final settlement was made with respect to amount due following completion of the project which was accepted by the owner and action was barred one year thereafter. Boyd v. Benkelman Public Housing Authority, 188 Neb. 69, 195 N.W.2d 230 (1972).

Final settlement was made with respect to amount due following completion of the project which was accepted by the owner and action was barred one year thereafter. Boyd v. Benkelman Public Housing Authority, 188 Neb. 69, 195 N.W.2d 230 (1972).

Action on bond must be brought within one year after date of final settlement on principal contract. Westinghouse Electric Supply Co. v. Brookley, 176 Neb. 807, 127 N.W.2d 465 (1964).

Action on bond must be brought within one year after date of final settlement on principal contract. Westinghouse Electric Supply Co. v. Brookley, 176 Neb. 807, 127 N.W.2d 465 (1964).
Neb. Rev. Stat. § 54-305 — NE Code / Chapter 54 / Section 54-305
View Statute 54-305
Status: in_force

Any person owning or having charge of any drove of cattle, horses or sheep, numbering one head or more, who shall drive the same into or through any county of Nebraska of which the owner is not a resident, or landowner, or stock grower, and when the land in said county is occupied, it shall be the duty of such owner or person in charge of such horses, cattle or sheep to prevent the same from mixing with the cattle, horses or sheep belonging to the occupiers. The owner shall also prevent the drove from trespassing on such land as may be the property of the actual occupier, or may be held by him under a preemption, or a leasehold right, and used by him for the grazing of animals, growing hay or timber, or other agricultural purposes, or doing injury to the ditches made for irrigation of crops.

Laws 1879, § 5, p. 68;

R.S.1913, § 100;

C.S.1922, § 108;

C.S.1929, § 54-305;

R.S.1943, § 54-305.

The herd laws pertain to damage to property and do not alter the common law liability for personal injuries caused by trespassing bulls. Foland v. Malander, 222 Neb. 1, 381 N.W.2d 914 (1986).

The herd laws pertain to damage to property and do not alter the common law liability for personal injuries caused by trespassing bulls. Foland v. Malander, 222 Neb. 1, 381 N.W.2d 914 (1986).
Neb. Rev. Stat. § 48-613 — NE Code / Chapter 48 / Section 48-613
View Statute 48-613
Status: in_force

In the discharge of the duties imposed by the Employment Security Law, the Commissioner of Labor, an impartial hearing officer employed by the Department of Labor, and any duly authorized representative of any of them shall have power to administer oaths and affirmations, take depositions, certify to official acts, and issue subpoenas to compel the attendance of witnesses and the production of books, papers, correspondence, memoranda, and other records deemed necessary as evidence in connection with a disputed claim or the administration of such law.

Laws 1937, c. 108, § 11, p. 393;

C.S.Supp.,1941, § 48-711;

R.S.1943, § 48-613;

Laws 1985, LB 339, § 12;

Laws 2001, LB 192, § 6;

Laws 2017, LB172, § 13.
Neb. Rev. Stat. § 48-651 — NE Code / Chapter 48 / Section 48-651
View Statute 48-651
Status: in_force

(1) The commissioner may provide for the following by rule and regulation:

(a) Periodic notification to employers of benefits paid and chargeable to their accounts or of the status of such accounts; and

(b) Notification to all base period employers of any individual of the establishment of such individual's benefit year.

(2) Any such notification, in the absence of an application for redetermination filed in such manner and within such period as the commissioner may prescribe, shall become conclusive and binding upon the employer for all purposes. Such redeterminations, made after notice and opportunity for hearing, and the commissioner's findings of fact in connection therewith may be introduced in any subsequent administrative or judicial proceedings involving the determination of the combined tax rate of any employer for any calendar year.

Laws 1941, c. 94, § 5, p. 392;

C.S.Supp.,1941, § 48-707;

R.S.1943, § 48-651;

Laws 1985, LB 339, § 36;

Laws 1994, LB 1337, § 10;

Laws 2017, LB172, § 69.
Neb. Rev. Stat. § 71-1003 — NE Code / Chapter 71 / Section 71-1003
View Statute 71-1003
Status: in_force

The State Anatomical Board, or its duly authorized officers or agents, may take and receive dead bodies as provided in section 71-4834 . The board shall distribute the bodies among the medical, chiropractic, osteopathic, and dental schools and colleges, and physicians and surgeons designated by the board, under such rules and regulations as may be adopted and promulgated by it. The number of bodies so distributed to such schools and colleges shall be in proportion to the number of students matriculated in the first-year work of such schools and colleges. If there are more bodies than are required by such schools and colleges, the board, or its duly authorized officers, may, from time to time, designate physicians and surgeons to receive such bodies, and the number of bodies they may receive, if such physicians and surgeons have complied with all rules and regulations which the board may adopt and promulgate for such disposition. All expenses incurred by the board in receiving, caring for, and delivering any such body shall be paid by those receiving such body.

Laws 1929, c. 158, § 3, p. 552;

C.S.1929, § 71-2803;

R.S.1943, § 71-1003;

Laws 1971, LB 268, § 2;

Laws 2019, LB559, § 2.

Board of Funeral Directing and Embalming, distribution to and use by, see section 38-1417 .
Neb. Rev. Stat. § 43-4811 — NE Code / Chapter 43 / Section 43-4811
View Statute 43-4811
Status: in_force

An emancipated minor shall not be considered an adult for prosecution of a criminal offense.

Laws 2018, LB714, § 11.
Neb. Rev. Stat. § 42-372.02 — NE Code / Chapter 42 / Section 42-372.02
View Statute 42-372.02
Status: in_force

(1) When a decree of dissolution of marriage assigns real estate to either party, the party to whom the real estate is assigned may (a) prepare and file with the clerk of the district court an affidavit identifying the real estate by legal description and affirmatively identifying the person entitled to the real estate and (b) prepare for signature and seal by the clerk one or more certificates in a form substantially similar to the following: CERTIFICATE OF DISSOLUTION OF MARRIAGE ............................., Clerk of the District Court of ......... County, Nebraska, certifies that in Case No. ......, in such Court, entitled ........................... vs. ........................, the Court entered its decree of dissolution of marriage in which the interest of ........................ in the following described real estate in ............... County, Nebraska: ................................................ ................................................ ................................................ ................................................ has been assigned to .................. . Dated: .................... (SEAL) Clerk of the District Court ........... County, Nebraska.

(2) A certificate may include more than one parcel of real estate, but there shall be separate certificates for each party to whom real estate is assigned and separate certificates for each county in which real estate is located. The certificate or certificates shall be delivered by the clerk to the person applying for the same, and such person shall be responsible for recording the certificate or certificates with the register of deeds in the appropriate county or counties as provided in section 76-248.01 .

Laws 2005, LB 361, § 23;

Laws 2018, LB193, § 77.
Neb. Rev. Stat. § 71-3518 — NE Code / Chapter 71 / Section 71-3518
View Statute 71-3518
Status: in_force

Nothing in the Radiation Control Act shall be deemed to require the licensing or registration by any common carrier, contract carrier, private carrier, railway freight carrier, or railway express carrier transporting, storing, or handling any of the materials described in such act in the ordinary course of such carrier's business.

Laws 1963, c. 406, § 18, p. 1306;

Laws 1987, LB 390, § 21.