FrankGoortani/open-us-law huggingface dataset:
Neb. Rev. Stat. § 70-2105 — NE Code / Chapter 70 / Section 70-2105
View Statute 70-2105
Status: in_force

(1) A person shall be guilty of a Class II felony if he or she willfully and maliciously (a) destroys or causes or attempts to cause damage or loss to a nuclear electrical generating facility or its components, including the electrical transmission lines or switching equipment used in direct connection with such a facility, or (b) takes, steals and carries away, or removes, alters, or otherwise renders unusable or unsafe the spent or unspent nuclear fuel used or stored in a nuclear electrical generating facility or nuclear storage facility.

(2) This section shall be construed to cover acts and omissions of persons employed at such nuclear facilities, persons otherwise rightfully upon the premises of such nuclear facilities, and all other persons. This section does not apply to acts or omissions carried out in accordance with official rules or directives relating to plant operation or within the scope of responsibility of judgment delegated to persons employed at such nuclear facilities.

Laws 2009, LB238, § 7.
Neb. Rev. Stat. § 29-3930 — NE Code / Chapter 29 / Section 29-3930
View Statute 29-3930
Status: in_force

The following divisions are established within the commission:

(1) The capital litigation division shall be available to assist in the defense of capital cases in Nebraska, subject to caseload standards of the commission;

(2) The appellate division shall be available to prosecute appeals to the Court of Appeals and the Supreme Court, subject to caseload standards of the commission;

(3) The violent crime and drug defense division shall be available to assist in the defense of certain violent and drug crimes as defined by the commission, subject to the caseload standards of the commission;

(4) The DNA testing division shall be available to assist in representing persons who are indigent who have filed a motion pursuant to the DNA Testing Act, subject to caseload standards; and

(5) The major case resource center shall be available to assist public defenders, contracting attorneys, or court-appointed attorneys with the defense of a felony offense, subject to caseload standards of the commission.

Laws 1995, LB 646, § 12;

Laws 2001, LB 659, § 17;

Laws 2003, LB 760, § 11;

Laws 2015, LB268, § 30;

Referendum 2016, No. 426.

Note: The changes made to section 29-3930 by Laws 2015, LB 268, section 30, have been omitted because of the vote on the referendum at the November 2016 general election.

DNA Testing Act, see section 29-4116 .
Neb. Rev. Stat. § 68-1601 — NE Code / Chapter 68 / Section 68-1601
View Statute 68-1601
Status: in_force

Sections 68-1601 to 68-1608 shall be known and may be cited as the Homeless Shelter Assistance Trust Fund Act.

Laws 1992, LB 1192, § 1.
Neb. Rev. Stat. § 31-127 — NE Code / Chapter 31 / Section 31-127
View Statute 31-127
Status: in_force

All bonds shall be sold at not less than par and shall be and remain a first lien upon the property found to be benefited, each part and parcel to remain under such lien until the amount apportioned thereto shall be paid. All bonds shall be registered as provided by law for the registration of municipal bonds.

Laws 1911, c. 140, § 21, p. 461;

R.S.1913, § 1744;

C.S.1922, § 1691;

C.S.1929, § 31-127;

R.S.1943, § 31-127.
Neb. Rev. Stat. § 43-104.04 — NE Code / Chapter 43 / Section 43-104.04
View Statute 43-104.04
Status: in_force

If a Notice of Objection to Adoption and Intent to Obtain Custody is not timely filed with the putative father registry pursuant to section 43-104.02 , the mother of a child born out of wedlock or an agent specifically designated in writing by the mother may request, and the Department of Health and Human Services shall supply, a certificate that no such notice has been filed with the putative father registry. The filing of such certificate pursuant to section 43-102 shall eliminate the need or necessity of a consent or relinquishment for adoption by the putative father of such child.

Laws 1975, LB 224, § 5;

Laws 1995, LB 712, § 24;

Laws 1996, LB 1044, § 108;

Laws 1999, LB 594, § 13;

Laws 2007, LB247, § 9;

Laws 2007, LB296, § 66;

Laws 2022, LB741, § 10.

For an adoption to proceed, the consent of the biological father who has established a familial relationship with his child is required unless, under section 43-104(2), the party seeking adoption has established that the biological parent: (1) has relinquished the child for adoption by a written instrument, (2) has abandoned the child for at least six months next preceding the filing of the adoption petition, (3) has been deprived of his or her parental rights to such child by the order of any court of competent jurisdiction, or (4) is incapable of consenting. In re Adoption of Corbin J., 278 Neb. 1057, 775 N.W.2d 404 (2009).

For an adoption to proceed, the consent of the biological father who has established a familial relationship with his child is required unless, under section 43-104(2), the party seeking adoption has established that the biological parent: (1) has relinquished the child for adoption by a written instrument, (2) has abandoned the child for at least six months next preceding the filing of the adoption petition, (3) has been deprived of his or her parental rights to such child by the order of any court of competent jurisdiction, or (4) is incapable of consenting. In re Adoption of Corbin J., 278 Neb. 1057, 775 N.W.2d 404 (2009).

Five-day filing requirement for paternity held constitutional as applied, because such requirement did not violate right of equal protection or procedural due process. Friehe v. Schaad, 249 Neb. 825, 545 N.W.2d 740 (1996).

Five-day filing requirement for paternity held constitutional as applied, because such requirement did not violate right of equal protection or procedural due process. Friehe v. Schaad, 249 Neb. 825, 545 N.W.2d 740 (1996).
Neb. Rev. Stat. § 30-406 — NE Code / Chapter 30 / Section 30-406
View Statute 30-406
Status: in_force

(1) If any such person as described in sections 30-402 to 30-405 is not in the county where administration is granted, the proceedings under sections 30-402 to 30-405 may be had before the county judge of the county where such person resides or may be found. A certified copy of the written interrogatories, if any, and the examination or other proceeding thereon or connected therewith shall be filed in the county court of the county where administration is granted. If the person so cited refuses to appear or answer such interrogatories as may be allowed to be put to him or her touching the matter charged, such person may be punished as provided in section 30-403 .

(2) If the respondent is the personal representative, conservator, or guardian, the court may appoint a special administrator or other special fiduciary to represent the estate or the ward.

Laws 1978, LB 650, § 27;

R.S.1943, (2008), § 30-3005;

Laws 2015, LB43, § 8.
Neb. Rev. Stat. § 24-710.06 — NE Code / Chapter 24 / Section 24-710.06
View Statute 24-710.06
Status: in_force

(1) The retirement system may accept cash rollover contributions from a member who is making payment pursuant to section 24-706 if the contributions do not exceed the amount of payment required for the service credits purchased by the member pursuant to such section and the contributions represent (a) all or any portion of the balance of the member's interest in a qualified plan under section 401(a) of the Internal Revenue Code or (b) the interest of the member from an individual retirement account or an individual retirement annuity, the entire amount of which is attributable to a qualified total distribution, as defined in the Internal Revenue Code, from a qualified plan under section 401(a) of the code and qualified as a tax-free rollover amount. The member's interest under subdivision (a) or (b) of this subsection must be transferred to the retirement system within sixty days from the date of the distribution from the qualified plan, individual retirement account, or individual retirement annuity.

(2) Cash transferred to the retirement system as a rollover contribution shall be deposited as other payments for service credits.

(3) Under the same conditions as provided in subsection (1) of this section, the retirement system may accept eligible rollover distributions from (a) an annuity contract described in section 403(b) of the Internal Revenue Code, (b) a plan described in section 457(b) of the code which is maintained by a state, a political subdivision of a state, or any agency or instrumentality of a state or political subdivision of a state, or (c) the portion of a distribution from an individual retirement account or annuity described in section 408(a) or 408(b) of the code that is eligible to be rolled over and would otherwise be includable in gross income. Amounts accepted pursuant to this subsection shall be deposited as all other payments under this section.

(4) The retirement system may accept direct rollover distributions made from a qualified plan pursuant to section 401(a)(31) of the Internal Revenue Code. The direct rollover distribution shall be deposited as all other payments under this section.

(5) The board may adopt and promulgate rules and regulations defining procedures for acceptance of rollovers which are consistent with sections 401(a)(31) and 402 of the Internal Revenue Code.

Laws 1996, LB 847, § 16;

Laws 2002, LB 407, § 15;

Laws 2018, LB1005, § 17.
Neb. Rev. Stat. § 2-101.01 — NE Code / Chapter 2 / Section 2-101.01
View Statute 2-101.01
Status: in_force

The Legislature finds that the Nebraska State Fair has been held annually for the exhibition and dissemination of agricultural, horticultural, industrial, mechanical, and other products and innovations and for exhibitions in the arts, skilled crafts, and sciences and is a beneficial cultural and educational event for the state and its citizens. The Legislature declares it to be in the public interest that management of the Nebraska State Fair be based upon a dynamic public-private partnership that includes the active participation of the state and local governments, the private sector, and the citizens of Nebraska. In order to achieve this goal, the Legislature finds that the Nebraska State Fair Board should endeavor to:

(1) Place a priority on the development of private funding sources, including corporate donations and sponsorships;

(2) Work with municipal officials to enhance the board's participation in local planning efforts and to create a partnership with local economic development and tourism officials;

(3) Maintain a policy of openness and accountability that allows for citizen participation in the operation of the Nebraska State Fair; and

(4) Regularly provide the Governor, the Legislature, and appropriate state agencies with information, including, but not limited to, the development of private funding sources, the use of state appropriations, the fiscal management of the Nebraska State Fair, and the activities and goals established for the Nebraska State Fair.

Laws 2002, LB 1236, § 1;

Laws 2008, LB1116, § 2.
Neb. Rev. Stat. § 25-1156 — NE Code / Chapter 25 / Section 25-1156
View Statute 25-1156
Status: in_force

Summary jury trials shall be conducted in the same manner as any other trial by jury under Chapter 25, article 11, with the following exceptions:

(1) A six-person jury shall be selected from persons whose names appear on the jury list and who qualify as jurors. Examination of the prospective jurors shall be conducted by the judge who shall select the jury subject to each party's right to challenge two jurors;

(2) Each party shall have an equal amount of time to present his or her case as shall be agreed upon by the parties and the judge;

(3) The judge need not preside during the presentation of the case but may give the jury written or oral instructions on the applicable law following the presentation;

(4) The parties shall not present evidence but may present representations or summaries of evidence which would be adduced and admissible at trial. At least ten days prior to trial the parties shall exchange the representations or summaries of evidence which will be presented to the jury. All objections to the evidence shall be made prior to the summary jury trial and shall not be allowed during the trial;

(5) The parties shall attend the summary jury trial. The president, chief executive officer, or any other representative with authority to enter into a binding agreement or make a binding settlement offer from each corporation or association which is a party shall attend; and

(6) The jury may return either a consensus verdict or a special verdict consisting of an anonymous statement of each juror's findings which includes (a) the parties' respective liability, (b) the value of damages, and (c) a general verdict.

Laws 1987, LB 225, § 3.
Neb. Rev. Stat. § 23-3619 — NE Code / Chapter 23 / Section 23-3619
View Statute 23-3619
Status: in_force

(1) Revenue bonds issued as provided in section 23-3617 shall not be a general obligation of the county but shall be paid only out of the revenue received from the usage fees as provided in section 23-3618 .

(2) If a usage fee is charged as a part of the revenue as provided in subsection (1) of this section, a sufficient portion shall be set aside as a sinking fund for the payment of the interest on such revenue bonds and the principal at maturity.

(3) The usage fee for the service of the sewerage disposal system and plant or plants as provided in subsection (1) of this section shall be sufficient, at all times, to pay the cost of operation and maintenance of such system, to pay the principal and interest upon all revenue bonds issued pursuant to section 23-3617 , and to carry out any covenants that may be provided in the resolutions authorizing the issuance of any such bonds.

(4) The holders of any of the revenue bonds or any of the coupons of any revenue bonds issued under such section, in any civil action, mandamus, or other proceeding, may enforce and compel the performance of all duties required by this section and the covenants made by the county board in the resolution providing for the issuance of such bonds, including the making and collecting of sufficient rates or charges for the specified purposes and for the proper application of the income therefrom.

Laws 1994, LB 1139, § 19.
Neb. Rev. Stat. § 71-222.02 — NE Code / Chapter 71 / Section 71-222.02
View Statute 71-222.02
Status: in_force

All funds collected in the administration of the Barber Act shall be remitted to the State Treasurer for credit to the Board of Barber Examiners Fund which is hereby created and which shall be expended only for the administration of the act, except that transfers may be made from the fund to the General Fund at the direction of the Legislature. Any money in the Board of Barber Examiners 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 1963, c. 409, § 27, p. 1327;

Laws 1969, c. 584, § 68, p. 2387;

Laws 1995, LB 7, § 73;

Laws 2009, First Spec. Sess., LB3, § 44.

Fees, see sections 33-151 and 33-152 .

Nebraska Capital Expansion Act, see section 72-1269 .

Nebraska State Funds Investment Act, see section 72-1260 .
Neb. Rev. Stat. § 60-540 — NE Code / Chapter 60 / Section 60-540
View Statute 60-540
Status: in_force

Any motor vehicle liability policy may provide that the insured shall reimburse the insurance carrier for any payment the insurance carrier would not have been obligated to make under the terms of the policy except for the provisions of sections 60-501 to 60-569 .

Laws 1949, c. 178, § 40, p. 497.
Neb. Rev. Stat. § 39-306 — NE Code / Chapter 39 / Section 39-306
View Statute 39-306
Status: in_force

It is hereby made the duty of the road overseer or other officer in charge of road work in the area where such road is located to make complaint to the county attorney of any violation of section 39-305 . Any willful neglect of this duty by a road overseer or other such officer shall be considered a Class V misdemeanor.

Laws 1899, c. 58, § 3, p. 285;

R.S.1913, § 3033;

C.S.1922, § 2784;

C.S.1929, § 39-1019;

R.S.1943, § 39-707;

Laws 1959, c. 181, § 8, p. 657;

Laws 1977, LB 41, § 36;

R.S.1943, (1988), § 39-707;

Laws 1993, LB 370, § 30.
Neb. Rev. Stat. § 20-127 — NE Code / Chapter 20 / Section 20-127
View Statute 20-127
Status: in_force

(1) A person with a disability has the same right as any other person to the full and free use of the streets, highways, sidewalks, walkways, public buildings, public facilities, and other public places.

(2) A person with a disability is entitled to full and equal accommodations, advantages, facilities, and privileges of all common carriers, airplanes, motor vehicles, railroad trains, motor buses, street cars, boats, any other public conveyances or modes of transportation, hotels, lodging places, places of public accommodation, amusement, or resort, and other places to which the general public is invited, subject only to the conditions and limitations established by law and applicable alike to all persons.

(3) A person with a disability has the right to be accompanied by a service animal, especially trained for the purpose, and a bona fide trainer of a service animal has the right to be accompanied by such animal in training in any of the places listed in subsection (2) of this section without being required to pay an extra charge for the service animal. Such person shall be liable for any damage done to the premises or facilities or to any person by such animal.

(4) A person who is totally or partially blind has the right to make use of a white cane in any of the places listed in subsection (2) of this section.

Laws 1971, LB 496, § 2;

R.S.Supp.,1971, § 43-634;

Laws 1980, LB 932, § 2;

Laws 1997, LB 254, § 3;

Laws 2003, LB 667, § 1;

Laws 2008, LB806, § 6;

Laws 2021, LB540, § 5.

This section is a penal statute, and it must be strictly construed. By the inclusion of the phrase "and other places to which the general public is invited" in subsection (2) of this section, the Legislature evidenced its intent that this statute should apply whenever the general public is invited to a given place at a given time. Softball fields are "places to which the general public is invited" under subsection (2). This section is not limited by considerations of safety. Loewenstein v. Amateur Softball Assn., 227 Neb. 454, 418 N.W.2d 231 (1988).

This section is a penal statute, and it must be strictly construed. By the inclusion of the phrase "and other places to which the general public is invited" in subsection (2) of this section, the Legislature evidenced its intent that this statute should apply whenever the general public is invited to a given place at a given time. Softball fields are "places to which the general public is invited" under subsection (2). This section is not limited by considerations of safety. Loewenstein v. Amateur Softball Assn., 227 Neb. 454, 418 N.W.2d 231 (1988).
Neb. Rev. Stat. § 32-950 — NE Code / Chapter 32 / Section 32-950
View Statute 32-950
Status: in_force

Ballots issued under section 32-948 which are returned not later than the hour established for the closing of the polls shall be accepted for review by the counting board for early voting. Such ballots received by the election commissioner or county clerk after the close of the polls on election day shall remain sealed in the envelope on which the election commissioner or county clerk shall write Rejected, received on, and the date on which the ballot was received. If such a ballot was received on election day but after the close of the polls, the election commissioner or county clerk shall also write on the envelope the time at which the ballot was received. Such rejected ballots shall be segregated and stored in a sealed container designated for Rejected Early Ballots.

Laws 1994, LB 76, § 293;

Laws 1997, LB 764, § 97;

Laws 2002, LB 935, § 13;

Laws 2005, LB 98, § 22;

Laws 2005, LB 566, § 51.
Neb. Rev. Stat. § 16-630 — NE Code / Chapter 16 / Section 16-630
View Statute 16-630
Status: in_force

If curbing, or curbing and guttering, is done upon any street, avenue, or alley in any improvement district in a city of the first class in which paving or other such improvement has been ordered, and the mayor and city council shall deem it expedient to do so, the mayor and city council may, for the purpose of paying the cost of such curbing, or curbing and guttering, cause to be issued bonds of the city, to be called Curbing and Guttering Bonds of Improvement District No. ....., payable in not exceeding ten years from date, bearing interest, payable annually or semiannually, with interest coupons attached. In all cases the mayor and city council shall assess at one time as a special assessment the total cost of such curbing, or curbing and guttering, upon the property abutting or adjacent to the portion of the street, avenue, or alley so improved, according to the special benefits. Such special assessments shall become delinquent the same as the special assessments for paving, repaving, graveling, or macadamizing purposes, draw the same rate of interest, be subject to the same penalties, and may be paid in the same manner, as special assessments for such purpose. The special assessment shall constitute a sinking fund for the payment of such bonds and interest, and the bonds shall not be sold for less than their par value.

Laws 1901, c. 18, § 48, LV, p. 267;

Laws 1901, c. 19, § 4, p. 315;

Laws 1907, c. 13, § 1, p. 119;

R.S.1913, § 4925;

Laws 1915, c. 87, § 1, p. 226;

C.S.1922, § 4093;

Laws 1925, c. 50, § 7, p. 196;

C.S.1929, § 16-622;

R.S.1943, § 16-630;

Laws 1945, c. 21, § 1, p. 128;

Laws 1969, c. 51, § 29, p. 290;

Laws 2015, LB361, § 21;

Laws 2016, LB704, § 96;

Laws 2019, LB194, § 43.

Under prior act, where street had been reduced to grade, and only limited expense was necessary to complete the work, engineer's estimate, advertisement, etc., for bids was not necessary, and city was permitted to pay for such work out of proper city funds. Hilger v. City of Nebraska City, 97 Neb. 268, 149 N.W. 807 (1914).

Under prior act, where street had been reduced to grade, and only limited expense was necessary to complete the work, engineer's estimate, advertisement, etc., for bids was not necessary, and city was permitted to pay for such work out of proper city funds. Hilger v. City of Nebraska City, 97 Neb. 268, 149 N.W. 807 (1914).
Neb. Rev. Stat. § 53-123.19 — NE Code / Chapter 53 / Section 53-123.19
View Statute 53-123.19
Status: in_force

(1) The commission may issue an auction permit to an auction house which authorizes the holder thereof to sell alcoholic liquor at auction as prescribed in this section.

(2) An auction house may apply in a manner prescribed by the commission for an auction permit from the commission. An auction permit shall be required for the sale at auction of (a) alcoholic liquor previously sold to a retailer that is no longer in operation or (b) alcoholic liquor that had previously been sold at retail to a consumer in the State of Nebraska in a private collection.

(3) An auction house that holds an auction permit shall notify the commission of all auctions and provide inventories of the product to be sold.

(4) The commission may adopt and promulgate rules and regulations to carry out this section.

Laws 2025, LB478, § 2.