FrankGoortani/open-us-law huggingface dataset:
Neb. Rev. Stat. § 29-3903 — NE Code / Chapter 29 / Section 29-3903
29-3903
Status: in_force

At a felony defendant's first appearance before a judge, the judge shall advise him or her of the right to court-appointed counsel if such person is indigent. If he or she asserts indigency, the court shall make a reasonable inquiry to determine such person's financial condition and shall require him or her to execute an affidavit of indigency for filing with the clerk of the court.

If the court determines the defendant to be indigent, it shall formally appoint the public defender or, in counties not having a public defender, an attorney or attorneys licensed to practice law in this state, not exceeding two, to represent the indigent felony defendant at all future critical stages of the criminal proceedings against such defendant, consistent with the provisions of section 23-3402 , but appointed counsel other than the public defender must obtain leave of court before being authorized to proceed beyond an initial direct appeal to either the Court of Appeals or the Supreme Court of Nebraska to any further direct, collateral, or postconviction appeals to state or federal courts.

A felony defendant who is not indigent at the time of his or her first appearance before a judge may nevertheless assert his or her indigency at any subsequent stage of felony proceedings, at which time the judge shall consider appointing counsel as otherwise provided in this section.

The judge, upon filing such order for appointment, shall note all appearances of appointed counsel upon the record. If at the time of appointment of counsel the indigent felony defendant and appointed counsel have not had a reasonable opportunity to consult concerning the prosecution, the judge shall continue the arraignment, trial, or other next stage of the felony proceedings for a reasonable period of time to allow for such consultation.

Laws 1972, LB 1463, § 6;

Laws 1979, LB 241, § 3;

Laws 1984, LB 189, § 4;

R.S.1943, (1989), § 29-1804.07;

Laws 1990, LB 822, § 21;

Laws 1991, LB 732, § 89;

Laws 2018, LB193, § 62.

Defendant's right to desire to have counsel appointed was violated. State v. Sondag, 214 Neb. 659, 335 N.W.2d 306 (1983).

Defendant's right to desire to have counsel appointed was violated. State v. Sondag, 214 Neb. 659, 335 N.W.2d 306 (1983).
Neb. Rev. Stat. § 30-4604 — NE Code / Chapter 30 / Section 30-4604
View Statute 30-4604
Status: in_force

The common law and principles of equity supplement the Uniform Powers of Appointment Act except to the extent modified by the Uniform Powers of Appointment Act or law of this state other than the Uniform Powers of Appointment Act.

Laws 2021, LB501, § 27.
Neb. Rev. Stat. § 38-1046 — NE Code / Chapter 71 / Section 38-1046
38-1046
Status: in_force

Practitioner means a person who performs any or all of the practices of cosmetology, nail technology, esthetics, or electrology for compensation or who performs any or all of the practices of body art.

Laws 1986, LB 318, § 25;

Laws 1995, LB 83, § 12;

Laws 1999, LB 68, § 19;

Laws 2002, LB 241, § 13;

Laws 2004, LB 906, § 14;

R.S.Supp.,2006, § 71-364;

Laws 2007, LB463, § 308.
Neb. Rev. Stat. § 31-353 — NE Code / Chapter 31 / Section 31-353
View Statute 31-353
Status: in_force

The board shall have the power to construct the works across any street, avenue, highway, railway, canal, ditch or flume which the route of the ditches may intersect or cross, in such manner as to afford security for life and property, but the board shall restore the same, when so crossed or intersected, to its former state as nearly as may be, or in a manner not to impair its usefulness unnecessarily. Every company whose railroad shall be intersected or crossed by the works shall unite with the board in forming such intersections and crossings, and shall grant the privilege aforesaid. If such railroad company and the board, or the owners and controllers of such property, thing or franchise so to be crossed, cannot agree upon the amount to be paid therefor, or the points or the manner of such crossings, the same shall be ascertained and determined in all respects as is provided in respect to the taking of land.

Laws 1905, c. 161, § 23, p. 628;

R.S.1913, § 1848;

C.S.1922, § 1795;

C.S.1929, § 31-452;

R.S.1943, § 31-353.

Where erosion destroys highway and bridges over drainage ditch, drainage district is required to restore bridges and their approaches in such manner as to permit the maintenance of public highway over and across the same. Ritter v. Drainage Dist. No. 1, 148 Neb. 873, 29 N.W.2d 782 (1947).

Where erosion destroys highway and bridges over drainage ditch, drainage district is required to restore bridges and their approaches in such manner as to permit the maintenance of public highway over and across the same. Ritter v. Drainage Dist. No. 1, 148 Neb. 873, 29 N.W.2d 782 (1947).

If old bridge is rendered unnecessary, county must maintain. Richardson County ex rel. Sheehan v. Drainage Dist. No. 1 of Richardson County, 92 Neb. 776, 139 N.W. 648 (1913).

If old bridge is rendered unnecessary, county must maintain. Richardson County ex rel. Sheehan v. Drainage Dist. No. 1 of Richardson County, 92 Neb. 776, 139 N.W. 648 (1913).

District must maintain bridge over a ditch crossing a highway. State ex rel. Hutter v. Papillion Drainage Dist., 89 Neb. 808, 132 N.W. 398 (1911).

District must maintain bridge over a ditch crossing a highway. State ex rel. Hutter v. Papillion Drainage Dist., 89 Neb. 808, 132 N.W. 398 (1911).
Neb. Rev. Stat. § 2-3243 — NE Code / Chapter 2 / Section 2-3243
View Statute 2-3243
Status: in_force

Each district shall have the power and authority to carry out preventive and control measures within the district, including, but not limited to, engineering operations, methods of cultivation, the growing of vegetation, changes in use of land, and other measures as may be determined feasible on lands owned or controlled by this state or any of its agencies, with the cooperation of the agency administering and having jurisdiction thereof, and on any other lands within the district upon obtaining the consent of the owners of such lands or the necessary rights or interests in such lands.

Laws 1969, c. 9, § 43, p. 127.
Neb. Rev. Stat. § 44-4612 — NE Code / Chapter 44 / Section 44-4612
View Statute 44-4612
Status: in_force

The director may adopt and promulgate rules and regulations to carry out the Pharmacy Benefit Manager Licensure and Regulation Act.

Laws 2022, LB767, § 12.
Neb. Rev. Stat. § 43-1234 — NE Code / Chapter 43 / Section 43-1234
View Statute 43-1234
Status: in_force

(a) A party to a child custody proceeding, including a modification proceeding, or a petitioner or respondent in a proceeding to enforce or register a child custody determination, is not subject to personal jurisdiction in this state for another proceeding or purpose solely by reason of having participated, or of having been physically present for the purpose of participating, in the proceeding.

(b) A person who is subject to personal jurisdiction in this state on a basis other than physical presence is not immune from service of process in this state. A party present in this state who is subject to the jurisdiction of another state is not immune from service of process allowable under the laws of that state.

(c) The immunity granted by subsection (a) of this section does not extend to civil litigation based on acts unrelated to the participation in a proceeding under the Uniform Child Custody Jurisdiction and Enforcement Act committed by an individual while present in this state.

Laws 2003, LB 148, § 9.
Neb. Rev. Stat. § 67-242 — NE Code / Chapter 67 / Section 67-242
View Statute 67-242
Status: in_force

A certificate of limited partnership shall be canceled upon the dissolution and the completion of winding up of the partnership or at any other time there are no limited partners. A certificate of cancellation (1) shall be executed by all general partners or, if the general partners are not winding up the limited partnership's affairs, then by all liquidating trustees, except that if the limited partners are winding up the limited partnership's affairs, a certificate of cancellation shall be signed by a majority of the limited partners, (2) shall be filed in the office of the Secretary of State, and (3) shall set forth:

(i) The name of the limited partnership;

(ii) The date of filing of its certificate of limited partnership;

(iii) The reason for filing the certificate of cancellation;

(iv) The effective date, which shall be a date certain, of cancellation if it is not to be effective upon the filing of the certificate; and

(v) Any other information the persons filing the certificate determine.

Laws 1981, LB 272, § 10;

Laws 1989, LB 482, § 15;

Laws 1990, LB 1228, § 3.
Neb. Rev. Stat. § 16-224 — NE Code / Chapter 16 / Section 16-224
View Statute 16-224
Status: in_force

A city of the first class by ordinance may provide for the inspection of electric light, water and gas meters, the inspection and weighing of hay, grain and coal, and the measuring of wood and fuel to be used in the city, and determine the place or places of the same. It may regulate and prescribe the place or places of exposing for sale of hay, coal and wood, provide for the appointment of an inspector, and fix the fees and duties of the inspector and of other persons authorized to perform such duties.

Laws 1901, c. 18, § 48, XXXI, p. 254;

Laws 1905, c. 25, § 2, p. 250;

R.S.1913, § 4840;

C.S.1922, § 4008;

C.S.1929, § 16-225;

R.S.1943, § 16-224.
Neb. Rev. Stat. § 29-2528 — NE Code / Chapter 29 / Section 29-2528
View Statute 29-2528
Status: in_force

In all cases when the death penalty has been imposed by the district court, the Supreme Court shall, after consideration of the appeal, order the prisoner to be discharged, a new trial to be had, or appoint a day certain for the execution of the sentence.

Laws 1973, LB 268, § 13;

Laws 1982, LB 722, § 12;

Laws 2015, LB268, § 35;

Referendum 2016, No. 426.

Note: The repeal of section 29-2528 by Laws 2015, LB 268, section 35, is not effective because of the vote on the referendum at the November 2016 general election.
Neb. Rev. Stat. § 16-623 — NE Code / Chapter 16 / Section 16-623
View Statute 16-623
Status: in_force

For the purpose of paying the cost of improvements to be made in an improvement district created pursuant to section 16-617 or 16-624 , the mayor and city council shall have power and may, by ordinance, cause to be issued bonds of the city payable in not exceeding twenty years from date of the original issue of such bonds, and bearing interest, payable as provided in the ordinance authorizing such bonds. In such cases the mayor and city council shall also provide that any special taxes and assessments imposed pursuant to section 16-622 shall constitute a sinking fund for the payment of the bonds.

Laws 1901, c. 18, § 48, LV, p. 259;

Laws 1901, c. 19, § 4, p. 307;

Laws 1907, c. 13, § 1, p. 111;

R.S.1913, § 4918;

C.S.1922, § 4086;

Laws 1925, c. 50, § 3, p. 194;

C.S.1929, § 16-615;

Laws 1931, c. 32, § 1, p. 123;

C.S.Supp.,1941, § 16-615;

R.S.1943, § 16-623;

Laws 1967, c. 67, § 6, p. 221;

Laws 1969, c. 51, § 27, p. 288;

Laws 2016, LB704, § 90;

Laws 2017, LB132, § 2;

Laws 2025, LB90, § 8.
Neb. Rev. Stat. § 18-2110 — NE Code / Chapter 18 / Section 18-2110
View Statute 18-2110
Status: in_force

A redevelopment plan shall not be submitted or recommended to the governing body of the city in which the redevelopment project area is located until a general plan for the development of the city has been prepared.

Laws 1951, c. 224, § 6(3), p. 805;

R.R.S.1943, § 14-1610;

R.R.S.1943, § 19-2610;

Laws 2020, LB1021, § 4.
Neb. Rev. Stat. § 29-1301.03 — NE Code / Chapter 29 / Section 29-1301.03
View Statute 29-1301.03
Status: in_force

Where an offense is within the jurisdiction of two or more counties, a conviction or acquittal thereof in one county is a bar to a prosecution or indictment therefor in another.

Laws 1957, c. 103, § 4, p. 364.
Neb. Rev. Stat. § 17-134 — NE Code / Chapter 17 / Section 17-134
View Statute 17-134
Status: in_force

A city of the second class shall have the power by ordinance to license, tax, suppress, regulate, and prohibit hawkers, peddlers, pawnbrokers, theatrical and other exhibitions, shows, and other amusements and to revoke such licenses for violation of such ordinances.

Laws 1881, c. 24, § 1, p. 196;

R.S.1913, § 5028;

C.S.1922, § 4197;

C.S.1929, § 17-136;

R.S.1943, § 17-134;

Laws 2017, LB133, § 27.
Neb. Rev. Stat. § 31-324 — NE Code / Chapter 31 / Section 31-324
View Statute 31-324
Status: in_force

The board of supervisors shall give notice of the meeting provided for in section 31-323 by causing a publication thereof to be made once a week for two consecutive weeks in some newspaper published in each county in the district, the last publication to be at least ten days before the day set for the hearing. It shall not be necessary in such notice for the board to name the parties interested, and the following form shall be sufficient:

Notice is hereby given to all parties interested in the following described lands and property in ............... County, Nebraska, (here describe the lands and property) included within (here insert name of drainage district) that the engineer heretofore appointed to make a topographical survey of such drainage district and maps and profiles thereof, and a complete plan for draining, reclaiming, and protecting such district and an estimate of the cost of the proposed drainage improvements, and to assess benefits to the property and lands in such drainage district and to classify the same, filed a report with the board of supervisors of (here insert the name of the drainage district) on the ........... day of ........... 20...., and you and each of you are hereby notified that you may file objections to such report within the time fixed by law.

......................................

Chairperson of the board of supervisors of Drainage District Number ........... of ............... County, Nebraska.

Laws 1905, c. 161, § 13, p. 619;

Laws 1909, c. 147, § 4, p. 512;

R.S.1913, § 1819;

C.S.1922, § 1766;

C.S.1929, § 31-423;

R.S.1943, § 31-324;

Laws 2004, LB 813, § 12.

Hearing on apportionments of benefits is in part to assess benefits to property in the district and to classify same. Lost Creek Drainage Dist. v. Elsam, 188 Neb. 705, 199 N.W.2d 387 (1972).

Hearing on apportionments of benefits is in part to assess benefits to property in the district and to classify same. Lost Creek Drainage Dist. v. Elsam, 188 Neb. 705, 199 N.W.2d 387 (1972).

Assessment in excess of benefits, or without notice to owners, is void. Neal v. Vansickle, 72 Neb. 105, 100 N.W. 200 (1904).

Assessment in excess of benefits, or without notice to owners, is void. Neal v. Vansickle, 72 Neb. 105, 100 N.W. 200 (1904).
Neb. Rev. Stat. § 48-1224 — NE Code / Chapter 48 / Section 48-1224
View Statute 48-1224
Status: in_force

Court action under the provisions of sections 48-1219 to 48-1227 may be commenced no later than four years after the cause of action accrues.

Laws 1969, c. 389, § 6, p. 1369.
Neb. Rev. Stat. § 37-1219 — NE Code / Chapter 37 / Section 37-1219
View Statute 37-1219
Status: in_force

All registration fees received by the county treasurers shall be remitted on or before the thirtieth day of the following month to the secretary of the commission. All remittances shall be upon a form to be furnished by the commission and a duplicate copy shall be retained by the county treasurer.

Laws 1978, LB 21, § 19;

Laws 1996, LB 464, § 7;

Laws 2012, LB801, § 11;

Laws 2015, LB142, § 5;

Laws 2020, LB287, § 18.
Neb. Rev. Stat. § 64-311 — NE Code / Chapter 64 / Section 64-311
View Statute 64-311
Status: in_force

(1) When the registration of an electronic notary public expires or is resigned, canceled, or revoked or when an electronic notary public dies, he or she or his or her duly authorized representative shall erase, delete, or destroy the coding, disk, certificate, card, software, file, or program that enables the attachment or logical association of the notary public’s electronic signature.

(2) A former electronic notary public whose previous registration was not revoked, canceled, or denied by the Secretary of State need not erase, delete, or destroy the coding, disk, certificate, card, software, file, or program that enables the attachment or logical association of the notary public’s electronic signature if he or she is reregistered as an electronic notary public using the same electronic signature within three months after the registration expires.

Laws 2016, LB465, § 11.
Neb. Rev. Stat. § 37-1504 — NE Code / Chapter 37 / Section 37-1504
View Statute 37-1504
Status: in_force

On or before July 1, 2012, the commission shall provide each applicant the option on the application for any type of hunting permit authorizing the taking of deer to indicate that the applicant may designate an amount in addition to the permit fee to be credited to the Hunters Helping the Hungry Cash Fund.

Laws 2012, LB928, § 8.
Neb. Rev. Stat. § 38-171 — NE Code / Chapter 71 / Section 38-171
38-171
Status: in_force

Each member of a board shall, in addition to necessary traveling and lodging expenses, receive a per diem for each day actually engaged in the discharge of his or her duties, including compensation for the time spent in traveling to and from the place of conducting business. Traveling and lodging expenses shall be on the same basis as provided in sections 81-1174 to 81-1177 . The compensation per day shall not exceed fifty dollars and shall be determined by each board with the approval of the department. Persons serving on an advisory committee or body under section 38-161 shall receive remuneration of expenses as provided in sections 81-1174 to 81-1177 , including compensation for time spent in traveling to and from the place of conducting business, and a per diem of fifty dollars.

Laws 1927, c. 167, § 22, p. 459;

Laws 1929, c. 161, § 1, p. 556;

C.S.1929, § 71-312;

Laws 1935, c. 142, § 32, p. 531;

C.S.Supp.,1941, § 71-312;

R.S.1943, § 71-122;

Laws 1955, c. 270, § 1, p. 849;

Laws 1957, c. 298, § 11, p. 1079;

Laws 1959, c. 318, § 1, p. 1165;

Laws 1961, c. 337, § 7, p. 1053;

Laws 1965, c. 410, § 1, p. 1315;

Laws 1967, c. 438, § 1, p. 1347;

Laws 1967, c. 439, § 16, p. 1364;

Laws 1969, c. 561, § 1, p. 2287;

Laws 1971, LB 587, § 5;

Laws 1972, LB 1385, § 1;

Laws 1978, LB 406, § 9;

Laws 1979, LB 427, § 12;

Laws 1981, LB 451, § 5;

Laws 1981, LB 204, § 108;

Laws 1984, LB 481, § 13;

Laws 1985, LB 129, § 10;

Laws 1986, LB 926, § 10;

Laws 1999, LB 828, § 27;

Laws 2003, LB 242, § 17;

R.S.1943, (2003), § 71-122;

Laws 2007, LB463, § 71.
Neb. Rev. Stat. § 2-250 — NE Code / Chapter 2 / Section 2-250
View Statute 2-250
Status: in_force

Sections 2-250 to 2-273 shall be known and may be cited as the County Agricultural Society Act.

Laws 1997, LB 469, § 1;

Laws 1999, LB 437, § 20.
Neb. Rev. Stat. § 18-2437 — NE Code / Chapter 18 / Section 18-2437
View Statute 18-2437
Status: in_force

The directors shall elect a chairperson and vice-chairperson of the board from among the directors. The agency shall have power to employ an executive director. The directors shall elect a secretary who shall either be from among the directors or the executive director. The agency may employ legal counsel for such legal services as it may require. The agency may also employ technical experts and such other officers, agents, and employees as it may require and shall determine their qualifications, duties, compensation, and term of office. The board may delegate to one or more of the agency's employees or agents such powers and duties as the board may deem proper.

Laws 1981, LB 132, § 37.
Neb. Rev. Stat. § 38-1501 — NE Code / Chapter 38 / Section 38-1501
View Statute 38-1501
Status: in_force

Sections 38-1501 to 38-1528 shall be known and may be cited as the Hearing Instrument Specialists Practice Act.

Laws 2007, LB463, § 565;

Laws 2009, LB195, § 19;

Laws 2025, LB332, § 11.
Neb. Rev. Stat. § 38-2502 — NE Code / Chapter 38 / Section 38-2502
View Statute 38-2502
Status: in_force

In order to (1) safeguard the public health, safety, and welfare, (2) protect the public from being misled by incompetent, unscrupulous, and unauthorized persons, (3) assure the highest degree of professional conduct on the part of occupational therapists and occupational therapy assistants, and (4) assure the availability of occupational therapy services of high quality to persons in need of such services, it is the purpose of the Occupational Therapy Practice Act to provide for the regulation of occupational therapists.

Laws 1984, LB 761, § 30;

R.S.1943, (2003) § 71-6102;

Laws 2007, LB463, § 842.
Neb. Rev. Stat. § 66-826 — NE Code / Chapter 66 / Section 66-826
View Statute 66-826
Status: in_force

Note: The Revisor of Statutes has pursuant to section 49-705 omitted sections 66-825 to 66-841 because the Supreme Court in State ex rel. Douglas v. Thone, 204 Neb. 836, 286 N.W.2d 249 (1979), held such sections from LB 571, Laws 1979, to be unconstitutional.
Neb. Rev. Stat. § 48-822 — NE Code / Chapter 48 / Section 48-822
View Statute 48-822
Status: in_force

No provision of the Industrial Relations Act shall be construed to require an employee to work without his or her consent, or to make illegal the quitting of his or her job or withdrawal from his or her place of employment unless done in concert or by agreement with others.

Laws 1947, c. 178, § 22, p. 594;

Laws 1986, LB 809, § 8.
Neb. Rev. Stat. § 30-2460 — NE Code / Chapter 30 / Section 30-2460
View Statute 30-2460
Status: in_force

A special administrator appointed by order of the court in any formal proceeding has the power of a personal representative except as limited in the appointment and duties as prescribed in the order. The appointment may be for a specified time, to perform particular acts or on other terms as the court may direct.

Laws 1974, LB 354, § 138, UPC § 3-617;

Laws 1978, LB 650, § 15.
Neb. Rev. Stat. § 10-719 — NE Code / Chapter 10 / Section 10-719
View Statute 10-719
Status: in_force

The new bonds as issued shall not require a vote of the people to authorize such issue, and they shall be paid, and the levy be made and tax collected for their payment, in accordance with laws governing the said bonds heretofore issued.

Laws 1879, § 3, p. 176;

R.S.1913, § 466;

C.S.1922, § 383;

C.S.1929, § 11-919;

R.S.1943, § 10-719.
Neb. Rev. Stat. § 29-1925 — NE Code / Chapter 29 / Section 29-1925
View Statute 29-1925
Status: in_force

The Legislature recognizes that obtaining testimony in a criminal prosecution from a child victim of or a child witness to a felony offense may be a delicate matter and may require some special considerations. It is the intent of the Legislature to promote, facilitate, and preserve the testimony of such child victim or child witness in a criminal prosecution to the fullest extent possible consistent with the constitutional right to confrontation guaranteed by the Sixth Amendment of the Constitution of the United States and Article I, section 11, of the Nebraska Constitution.

Laws 1988, LB 90, § 1.
Neb. Rev. Stat. § 44-782 — NE Code / Chapter 44 / Section 44-782
View Statute 44-782
Status: in_force

No insurance company, health maintenance organization, or other health insurance provider shall deny payment for treatment of mental or nervous disorders under a policy, contract, certificate, or other evidence of coverage issued or delivered in Nebraska on the basis that the hospital or state institution licensed as a hospital by the Department of Health and Human Services and defined in section 71-419 providing such treatment is publicly funded and charges are reduced or no fee is charged depending on the patient's ability to pay.

Laws 1985, LB 487, § 1;

Laws 1989, LB 92, § 162;

Laws 1996, LB 1044, § 240;

Laws 2000, LB 819, § 71;

Laws 2007, LB296, § 177.