FrankGoortani/open-us-law huggingface dataset:
Neb. Rev. Stat. § 32-1205 — NE Code / Chapter 32 / Section 32-1205
View Statute 32-1205
Status: in_force

A political subdivision in which a recall petition is issued, a recall election is held, an official is recalled, or a vacancy needs to be filled as the result of a recall petition shall pay the costs of the recall procedure and any special election held as a result of a recall election. If a recall election is canceled pursuant to section 32-1306 , the political subdivision shall be responsible for costs incurred related to the canceled election. The costs shall include all chargeable costs as provided in section 32-1202 associated with preparing for and conducting a recall or special election.

Laws 1994, LB 76, § 370;

Laws 2008, LB312, § 3;

Laws 2024, LB287, § 52.
Neb. Rev. Stat. § 60-319 — NE Code / Chapter 60 / Section 60-319
View Statute 60-319
Status: in_force

Department means the Department of Motor Vehicles.

Laws 2005, LB 274, § 19.
Neb. Rev. Stat. § 9-241.05 — NE Code / Chapter 9 / Section 9-241.05
View Statute 9-241.05
Status: in_force

(1) A licensed organization shall purchase or otherwise obtain bingo equipment only from a licensed distributor, except that a licensed organization may rent or lease bingo equipment, excluding disposable paper bingo cards, only from:

(a) A licensed distributor; or

(b) The licensed commercial lessor from whom the organization is leasing a premises for the conduct of bingo.

(2) All rental or lease agreements for bingo equipment shall be in writing and shall be subject to prior approval by the department.

(3) No purchase, rental, or lease of bingo equipment shall be in excess of fair market value.

(4) Nothing in this section shall prohibit:

(a) Two licensed organizations which may be conducting bingo within the same premises from equally sharing the cost of purchasing bingo equipment, excluding disposable paper bingo cards, and sharing its use;

(b) A licensed organization from lending its bingo equipment, excluding disposable paper bingo cards, without charge to another licensed organization in an emergency situation or to a qualifying nonprofit organization to use at a special event bingo;

(c) A licensed organization which has purchased or intends to purchase new bingo equipment from selling or donating its old bingo equipment to another licensed organization if prior written approval has been obtained from the department;

(d) An organization which has voluntarily canceled or allowed its license to conduct bingo to lapse or an organization which has had its license to conduct bingo suspended, canceled, or revoked from selling or donating its bingo equipment to another licensed organization if prior written approval has been obtained from the department; or

(e) A licensed organization from selling or donating its disposable paper bingo cards, when authorization has been obtained from the department, to another licensed organization in an emergency situation or to a qualifying nonprofit organization to use at a special event bingo.

Laws 1994, LB 694, § 42;

Laws 2002, LB 545, § 15.
Neb. Rev. Stat. § 18-2141 — NE Code / Chapter 14 / Section 18-2141
18-2141
Status: in_force

Any instrument executed by an authority and purporting to convey any right, title, or interest in any property under the Community Development Law shall be conclusive evidence of compliance with the Community Development Law insofar as title or other interest of any bona fide purchasers, lessees, or other transferees of such property is concerned.

Laws 1951, c. 224, § 19, p. 820;

R.R.S.1943, § 14-1641;

R.R.S.1943, § 19-2641;

Laws 2018, LB874, § 29.
Neb. Rev. Stat. § 48-821 — NE Code / Chapter 48 / Section 48-821
View Statute 48-821
Status: in_force

It shall be unlawful for any person:

(1) To hinder, delay, limit or suspend the continuity or efficiency of any governmental service or any governmental service in a proprietary capacity, or the service of any public utility, by lockout, strike, slowdown, or other work stoppage;

(2) To coerce, instigate, induce, conspire with, intimidate or encourage any person to participate in any lockout, strike, slowdown or other work stoppage, which would hinder, delay, limit or suspend the continuity or efficiency of any governmental service or governmental service in a proprietary capacity, or the service of any public utility; or

(3) To aid or assist any such lockout, strike, slowdown, or other work stoppage by giving direction or guidance in the conduct of any such lockout, strike, slowdown or other work stoppage or by providing funds for the conduct or direction thereof, or for the payment of strike, unemployment or other benefits to those participating therein.

Any person who willfully violates any of the provisions of this section shall be guilty of a Class I misdemeanor.

Laws 1947, c. 178, § 21, p. 594;

Laws 1977, LB 40, § 298.
Neb. Rev. Stat. § 16-248 — NE Code / Chapter 16 / Section 16-248
View Statute 16-248
Status: in_force

A city of the first class may provide for planting and protection of shade, ornamental, and useful trees and for the protection of birds, their nests and eggs.

Laws 1901, c. 18, § 50, p. 268;

R.S.1913, § 4864;

C.S.1922, § 4032;

C.S.1929, § 16-249;

R.S.1943, § 16-248.
Neb. Rev. Stat. § 54-630 — NE Code / Chapter 54 / Section 54-630
View Statute 54-630
Status: in_force

(1) Before the department approves an application for a license, an inspector of the department shall inspect the operation of the applicant to determine whether the applicant qualifies to hold a license pursuant to the Commercial Dog and Cat Operator Inspection Act. Except as provided in subsection (2) of this section, an applicant who qualifies shall be issued a license.

(2) The department may deny an application for a license as a commercial dog or cat breeder, a dealer, a boarding kennel, an animal control facility, an animal shelter, an animal rescue, or a pet shop upon a finding that the applicant is unsuited to perform the obligations of a licensee. The applicant shall be determined unsuited to perform the obligations of a licensee if the department finds that the applicant has deliberately misrepresented or concealed any information provided on or with the application or any other information provided to the department under this section or that within the previous five years the applicant:

(a) Has been convicted of any law regarding the disposition or treatment of dogs or cats in any jurisdiction; or

(b) Has operated a breeder facility under a license or permit issued by any jurisdiction that has been revoked, suspended, or otherwise subject to a disciplinary proceeding brought by the licensing authority in that jurisdiction if such proceeding resulted in the applicant having voluntarily surrendered a license or permit to avoid disciplinary sanctions.

(3) In addition to the application, the department may require the applicant to provide additional documentation pertinent to the department's determination of the applicant's suitability to perform the duties of a licensee under the act.

(4) An applicant who is denied a license under this section shall be afforded the opportunity for a hearing before the director or the director's designee to present evidence that the applicant is qualified to hold a license pursuant to the act and the rules and regulations adopted and promulgated by the department and should be issued a license. All such hearings shall be in accordance with the Administrative Procedure Act.

Laws 2000, LB 825, § 6;

Laws 2007, LB12, § 5;

Laws 2012, LB427, § 4;

Laws 2015, LB360, § 19.

Administrative Procedure Act, see section 84-920 .
Neb. Rev. Stat. § 44-1209 — NE Code / Chapter 44 / Section 44-1209
View Statute 44-1209
Status: in_force

Any attorney who shall exchange any contracts of indemnity of the kind and character specified in section 44-1201 , or any attorney, agent, or any person representing him, who shall solicit or negotiate any application for same without the attorney first complying with the foregoing provisions, shall be guilty of a Class II misdemeanor.

Laws 1917, c. 189, § 9, p. 462;

Laws 1919, c. 190, tit. V, art. XV, § 9, p. 685;

C.S.1922, § 7977;

C.S.1929, § 44-1509;

R.S.1943, § 44-1209;

Laws 1977, LB 40, § 244.
Neb. Rev. Stat. § 57-206 — NE Code / Chapter 57 / Section 57-206
View Statute 57-206
Status: in_force

Any oil and gas or mining lease that has been or may hereafter be recorded in the office of the register of deeds of any county may be discharged and canceled of record by an entry on the margin of the record thereof signed by the lessee or his assigns of record, or his duly authorized attorney in fact or personal representative, or, if a corporation, by its duly authorized officers, surrendering all of his or its right, title and interest in and to such lease in the presence of the register of deeds or his deputy, who shall subscribe the same as witness.

Laws 1925, c. 133, § 3, p. 351;

C.S.1929, § 57-203;

R.S.1943, § 57-206.
Neb. Rev. Stat. § 31-139 — NE Code / Chapter 31 / Section 31-139
View Statute 31-139
Status: in_force

In any county wherein a drainage ditch has been constructed under the provisions of sections 31-101 to 31-134 , or by any drainage district which shall have been dissolved, which benefits an area in part within or adjacent to the boundaries of a drainage district organized under Chapter 31, article 3 or 4, a petition may be filed with the county clerk, signed by at least three of the land owners within the district or the proposed district, praying that the county board cause such ditch to be transferred so as to become a part of and operated and maintained in the same manner as the ditch or ditches of a drainage district created under the provisions of Chapter 31, article 3 or 4. Such petition must bear the approval of a majority of the board of directors of such drainage district to which it is to be attached.

Laws 1965, c. 155, § 1, p. 500.
Neb. Rev. Stat. § 44-1534 — NE Code / Chapter 44 / Section 44-1534
View Statute 44-1534
Status: in_force

The powers vested in the director by the Unfair Insurance Trade Practices Act shall be additional to any other powers to enforce any penalties, fines, or forfeitures authorized by law with respect to the acts and practices defined and determined by such act to be unfair.

Laws 1973, LB 349, § 13;

Laws 1991, LB 234, § 16.
Neb. Rev. Stat. § 29-2250 — NE Code / Chapter 29 / Section 29-2250
View Statute 29-2250
Status: in_force

The office shall:

(1) Supervise and administer the system;

(2) Establish probation policies and standards for the system, with the concurrence of the Supreme Court; and

(3) Supervise offenders placed on probation in another state who are within the state pursuant to the Interstate Compact for Adult Offender Supervision.

Laws 1971, LB 680, § 5;

Laws 1978, LB 625, § 8;

Laws 1979, LB 536, § 4;

Laws 1986, LB 529, § 35;

Laws 2003, LB 46, § 4.

Note: Laws 2003, LB 46, section 51, provided this section became operative "when thirty-five states have adopted the Interstate Compact for Adult Offender Supervision". By June 2002, the compact had reached this threshold. (See www.interstatecompact.org.) LB 46 became effective May 24, 2003.

Interstate Compact for Adult Offender Supervision, see section 29-2639 .
Neb. Rev. Stat. § 28-1242 — NE Code / Chapter 28 / Section 28-1242
View Statute 28-1242
Status: in_force

(1) A person commits the offense of unlawful throwing of fireworks if he or she throws any firework, or any object which explodes upon contact with another object: (a) From or into a motor vehicle; (b) onto any street, highway, or sidewalk; (c) at or near any person; (d) into any building; or (e) into or at any group of persons.

(2) Unlawful throwing of fireworks is a Class III misdemeanor.

Laws 1977, LB 38, § 274;

Laws 1986, LB 969, § 3.
Neb. Rev. Stat. § 43-260.03 — NE Code / Chapter 43 / Section 43-260.03
View Statute 43-260.03
Status: in_force

The goals of a juvenile pretrial diversion program are:

(1) To provide eligible juvenile offenders with an alternative program in lieu of adjudication through the juvenile court;

(2) To reduce recidivism among diverted juvenile offenders;

(3) To reduce the costs and caseload burdens on the juvenile justice system and the criminal justice system; and

(4) To promote the collection of restitution to the victim of the juvenile offender's crime.

Laws 2003, LB 43, § 2.
Neb. Rev. Stat. § 21-1990 — NE Code / Chapter 21 / Section 21-1990
View Statute 21-1990
Status: in_force

(a) Unless otherwise provided in the articles or bylaws, a corporation shall have a president, a secretary, a treasurer, and such other officers as are appointed by the board.

(b) The bylaws or the board shall delegate to one of the officers responsibility for preparing minutes of the directors' and members' meetings and for authenticating records of the corporation.

(c) The same individual may simultaneously hold more than one office in a corporation.

Laws 1996, LB 681, § 90.
Neb. Rev. Stat. § 69-2304 — NE Code / Chapter 69 / Section 69-2304
View Statute 69-2304
Status: in_force

A notice given pursuant to section 69-2303 shall contain one of the following statements, as appropriate:

(1) "If you fail to reclaim the property, it will be sold at a public sale after notice of the sale has been given by publication. You have the right to bid on the property at this sale. After the property is sold and the costs of storage, advertising, and sale are deducted, the remaining money will be turned over to the State Treasurer pursuant to the Uniform Disposition of Unclaimed Property Act. You may claim the remaining money from the office of the State Treasurer as provided in such act."; or

(2) "Because this property is believed to be worth less than two thousand dollars, it may be kept, sold, or destroyed without further notice if you fail to reclaim it within the time indicated in this notice.".

Laws 1991, LB 36, § 4;

Laws 2010, LB712, § 44;

Laws 2016, LB1075, § 1.

Uniform Disposition of Unclaimed Property Act, see section 69-1329 .
Neb. Rev. Stat. § 25-2237 — NE Code / Chapter 25 / Section 25-2237
View Statute 25-2237
Status: in_force

When it shall become the duty of the officer to take the body of any person to the jail of the county, he shall deliver to the sheriff or jailer a certified copy of the execution, commitment or other processes, whereby he holds such person in custody, and return the original to the clerk who issued the same, which copy shall be sufficient authority to the sheriff or jailer to keep the prisoner in jail until discharged by due course of law.

Laws 1929, c. 82, art. XV, § 178, p. 325;

C.S.1929, § 22-1508;

R.S.1943, § 26-1,179;

R.S.1943, (1979), § 26-1,179;

R.S.1943, (1985), § 24-5,102.
Neb. Rev. Stat. § 68-1911 — NE Code / Chapter 68 / Section 68-1911
View Statute 68-1911
Status: in_force

Medicare upper payment limit means the limitation established by 42 C.F.R. 447.272 establishing a maximum amount of payment for services under the medical assistance program to nursing facilities, skilled nursing facilities, and hospitals.

Laws 2011, LB600, § 11.
Neb. Rev. Stat. § 54-2905 — NE Code / Chapter 54 / Section 54-2905
View Statute 54-2905
Status: in_force

Affected premises means premises upon which is or was located an affected animal, herd, or flock or suspected affected animal, herd, flock, or disease agent of a dangerous disease.

Laws 2020, LB344, § 5.
Neb. Rev. Stat. § 21-1785 — NE Code / Chapter 21 / Section 21-1785
View Statute 21-1785
Status: in_force

If there has been no activity in a share account for one year, except for the posting of dividends, a credit union may impose a reasonable maintenance fee as provided in the bylaws.

Laws 1996, LB 948, § 85.
Neb. Rev. Stat. § 70-716 — NE Code / Chapter 70 / Section 70-716
View Statute 70-716
Status: in_force

When a member of a corporation has paid the membership fee in full, a certificate of membership shall be issued to such member. After such membership fee has been paid in full, memberships and certificates in the corporation shall be transferable upon the books of the corporation to other persons eligible for membership in such corporation; Provided, that, five days before the transfer thereof, such membership, and certificate, has been offered for redemption to the corporation at its book value and such corporation has refused to purchase the same.

Laws 1937, c. 50, § 16, p. 208;

C.S.Supp.,1941, § 70-816;

R.S.1943, § 70-716.
Neb. Rev. Stat. § 16-233 — NE Code / Chapter 16 / Section 16-233
View Statute 16-233
Status: in_force

A city of the first class may regulate, license, or suppress halls, opera houses, places of amusement, entertainment, or instruction, or other buildings except churches and schools used for the assembly of citizens, and cause them to be provided with sufficient and ample means of exit and entrance, and to be supplied with necessary and appropriate appliances for the extinguishment of fire and for escape from such places in case of fire, and prevent overcrowding and regulate the placing and use of seats, chairs, benches, scenery, curtains, blinds, screens, or other appliances therein. A city of the first class may provide that for any violation of any such regulation a penalty of two hundred dollars shall be imposed, and upon conviction of any such licensees of any violation of any ordinance regulating such places, the license of any such place shall be revoked by the mayor and city council. Whenever the mayor and city council shall by resolution declare any such place to be unsafe, the license thereof shall be deemed revoked by adoption of such resolution. The city council may provide that in any case where it has so revoked a license, any owner, proprietor, manager, lessee or person opening, using, or permitting such place to be opened or used for any purpose involving the assemblage of more than twelve persons shall upon conviction thereof be deemed guilty of a misdemeanor and fined in any sum not exceeding two hundred dollars.

Laws 1901, c. 18, § 48, XXXIX, p. 256;

R.S.1913, § 4849;

C.S.1922, § 4017;

C.S.1929, § 16-234;

R.S.1943, § 16-233;

Laws 2016, LB704, § 36.
Neb. Rev. Stat. § 39-1306.01 — NE Code / Chapter 39 / Section 39-1306.01
View Statute 39-1306.01
Status: in_force

Unused funds shall be made available by the department to other political or governmental subdivisions or public corporations for an additional period of six months. The department shall likewise make available unused funds from allotments which have been made prior to December 25, 1969. The department shall separately classify all unused funds referred to in section 39-1306 from their sources on the basis of the type of political or governmental subdivision or public corporation to which they were allotted. It is the intent of the Legislature that such funds which were allotted to counties and were unused be made available to other counties, and that such funds which were allotted to cities and villages and were unused be made available to other cities and villages. The funds in each classification shall be made available by the department to other subdivisions which have utilized all of the federal funds available to them, and shall be subject to the same conditions as apply to funds received under section 39-1306 . Such funds shall be reallocated upon application therefor by the subdivisions.

Laws 1967, c. 237, § 2, p. 635;

Laws 1969, c. 330, § 3, p. 1185;

Laws 2017, LB339, § 122.
Neb. Rev. Stat. § 81-2004 — NE Code / Chapter 60 / Section 81-2004
81-2004
Status: in_force

The Nebraska State Patrol, its subordinate officers such as lieutenant colonel, majors, captains, lieutenants, sergeants, corporals, patrolmen, and other employees shall be used primarily for the enforcement of the traffic and motor vehicle laws of the State of Nebraska and the handling of traffic within the state, except:

(1) The Superintendent of Law Enforcement and Public Safety, with the approval of the Governor, may designate such personnel of the Nebraska State Patrol to qualify and act as his or her deputies or investigators to assist him or her in the enforcement of the laws of the state relating to felonies, and the superintendent shall designate and train fifteen investigators in addition to those authorized on September 2, 1973, to assist in such law enforcement;

(2) The superintendent shall designate and train ten special investigators in addition to those authorized on July 12, 1974, to assist him or her and all other law enforcement agencies in this state with enforcement of drug control legislation. As an aid to such special investigators, the superintendent shall appoint two stenographers and one laboratory technician in addition to those authorized on September 2, 1973; and

(3) The Nebraska State Patrol shall provide security for all buildings and grounds owned or leased by the State of Nebraska in Lincoln, Nebraska, except the buildings and grounds described in subsection (5) of section 81-1108.15 .

There is hereby created in the state treasury a cash fund to be known as the Nebraska State Patrol Criminal Investigation Cash Fund which shall be used for the enforcement of any state law relating to felonies. 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.

Laws 1937, c. 141, § 4, p. 508;

Laws 1941, c. 176, § 6, p. 691;

C.S.Supp.,1941, § 60-419;

R.S.1943, § 60-434;

Laws 1969, c. 510, § 2, p. 2089;

Laws 1972, LB 1456, § 1;

Laws 1973, LB 13, § 1;

Laws 1974, LB 77, § 1;

R.S.1943, (1978), § 60-434;

Laws 1984, LB 403, § 4;

Laws 1995, LB 7, § 133;

Laws 2004, LB 439, § 31.

Nebraska Capital Expansion Act, see section 72-1269 .

Nebraska State Funds Investment Act, see section 72-1260 .
Neb. Rev. Stat. § 44-386.02 — NE Code / Chapter 44 / Section 44-386.02
View Statute 44-386.02
Status: in_force

No such association now existing shall continue to operate after June 30, 1964, unless it shall have met the requirements of section 44-386.01 .

Laws 1963, c. 268, § 3, p. 802.
Neb. Rev. Stat. § 28-1408 — NE Code / Chapter 28 / Section 28-1408
View Statute 28-1408
Status: in_force

(1) Except as provided in subsection (2) of this section, conduct is justifiable when it is required or authorized by:

(a) The law defining the duties or functions of a public officer or the assistance to be rendered to such officer in the performance of his duties;

(b) The law governing the execution of legal process;

(c) The judgment or order of a competent court or tribunal;

(d) The law governing the armed services or the lawful conduct of war; or

(e) Any other provision of law imposing a public duty.

(2) Sections 28-1409 to 28-1416 shall apply to:

(a) The use of force upon or toward the person of another for any of the purposes dealt with in such sections; and

(b) The use of deadly force for any purpose, unless the use of such force is otherwise expressly authorized by law or occurs in the lawful conduct of war.

(3) The justification afforded by subsection (1) of this section shall apply:

(a) When the actor believes his conduct to be required or authorized by the judgment or direction of a competent court or tribunal or in the lawful execution of legal process, notwithstanding lack of jurisdiction of the court or defect in the legal process; and

(b) When the actor believes his conduct to be required or authorized to assist a public officer in the performance of his duties, notwithstanding that the officer exceeded his legal authority.

Laws 1972, LB 895, § 3;

R.R.S.1943, § 28-835, (1975).

While the violation of department policy may be evidence that the degree or nature of force used was unlawful, section 28-1413 ultimately requires the court to make a determination that the force used was not forbidden by this section or section 28-1409. State v. Jackson, 26 Neb. App. 727, 923 N.W.2d 97 (2019).

While the violation of department policy may be evidence that the degree or nature of force used was unlawful, section 28-1413 ultimately requires the court to make a determination that the force used was not forbidden by this section or section 28-1409. State v. Jackson, 26 Neb. App. 727, 923 N.W.2d 97 (2019).