FrankGoortani/open-us-law huggingface dataset:
Neb. Rev. Stat. § 31-105 — NE Code / Chapter 31 / Section 31-105
View Statute 31-105
Status: in_force

The county clerk shall deliver a copy of the petition to the county board at its next meeting, which shall thereupon take to its assistance a competent surveyor or engineer, if in the opinion of the board his services are necessary, and at once proceed to view the line of the proposed improvement. The board shall determine by actual view of the premises along and in the vicinity thereof, whether the improvement is necessary, or will be conducive to the public health, convenience or welfare, and whether the line described is the best route. The board shall report its finding in writing, and order the clerk to enter the same on its journal.

Laws 1881, c. 51, § 5, p. 237;

Laws 1911, c. 140, § 5, p. 454;

R.S.1913, § 1722;

C.S.1922, § 1669;

C.S.1929, § 31-105;

R.S.1943, § 31-105.

Statutory steps for levying of assessment must be strictly followed. Shanahan v. Johnson, 170 Neb. 399, 102 N.W.2d 858 (1960).

Statutory steps for levying of assessment must be strictly followed. Shanahan v. Johnson, 170 Neb. 399, 102 N.W.2d 858 (1960).

Hearing on claim for damage precedes construction of improvement. Costello v. Colfax County, 112 Neb. 40, 198 N.W. 357 (1924).

Hearing on claim for damage precedes construction of improvement. Costello v. Colfax County, 112 Neb. 40, 198 N.W. 357 (1924).

Where an inspection is made by two of three commissioners, a report of findings is sufficient. Seng v. Payne, 87 Neb. 812, 128 N.W. 625 (1910).

Where an inspection is made by two of three commissioners, a report of findings is sufficient. Seng v. Payne, 87 Neb. 812, 128 N.W. 625 (1910).

Board exercises legislative or ministerial function and may rescind order before rights of third parties vest. State ex rel. Sullivan v. Ross, 82 Neb. 414, 118 N.W. 85 (1908).

Board exercises legislative or ministerial function and may rescind order before rights of third parties vest. State ex rel. Sullivan v. Ross, 82 Neb. 414, 118 N.W. 85 (1908).

Finding as to necessity of ditch is not reviewable. Dodge County v. Acom, 61 Neb. 376, 85 N.W. 292 (1901).

Finding as to necessity of ditch is not reviewable. Dodge County v. Acom, 61 Neb. 376, 85 N.W. 292 (1901).

Finding and entry that route is the best route is jurisdictional. State ex rel. Union Pacific Railway Company v. Colfax County, 51 Neb. 28, 70 N.W. 500 (1897).

Finding and entry that route is the best route is jurisdictional. State ex rel. Union Pacific Railway Company v. Colfax County, 51 Neb. 28, 70 N.W. 500 (1897).
Neb. Rev. Stat. § 30-2215 — NE Code / Chapter 30 / Section 30-2215
View Statute 30-2215
Status: in_force

The party instituting or maintaining the proceeding or his attorney is required to mail the published notice and give proof thereof in accordance with section 25-520.01 .

Laws 1974, LB 354, § 15.
Neb. Rev. Stat. § 42-939 — NE Code / Chapter 42 / Section 42-939
View Statute 42-939
Status: in_force

In applying and construing the Uniform Interstate Enforcement of Domestic Violence Protection Orders Act, consideration shall be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.

Laws 2003, LB 148, § 97.
Neb. Rev. Stat. § 32-122 — NE Code / Chapter 32 / Section 32-122
View Statute 32-122
Status: in_force

The second half of a term of office for a member of the Legislature starts on the day of the meeting of the Legislature at which members are regularly sworn in to office in the second calendar year which begins after the four-year term begins.

Laws 2014, LB946, § 11.
Neb. Rev. Stat. § 39-842 — NE Code / Chapter 39 / Section 39-842
View Statute 39-842
Status: in_force

The proper officers charged with the duty of levying taxes for the county, township, precinct, city or village voting such bonds shall, each year, until the bonds voted under the authority of sections 39-835 to 39-841 are paid, levy upon the taxable property in the county, township, precinct, city or village issuing the bonds, a tax sufficient to pay the interest on such bonds as they mature, and to provide for a sinking fund for the redemption of the bonds at their maturity.

Laws 1895, c. 45, § 5, p. 190;

R.S.1913, § 3000;

C.S.1922, § 2752;

C.S.1929, § 39-838;

R.S.1943, § 39-842.
Neb. Rev. Stat. § 55-476 — NE Code / Chapter 55 / Section 55-476
View Statute 55-476
Status: in_force

Any person subject to this code who in a judicial proceeding or in a court of justice willfully and corruptly gives, upon a lawful oath or in any form allowed by law to be substituted for an oath, any false testimony material to the issue or matter of inquiry is guilty of perjury and shall be punished as a court-martial may direct.

Laws 1969, c. 458, § 76, p. 1579.
Neb. Rev. Stat. § 68-1732 — NE Code / Chapter 68 / Section 68-1732
View Statute 68-1732
Status: in_force

It is the intent of the Legislature that the Department of Health and Human Services, the State Department of Education, the Department of Labor, the Office of Probation Administration, the Department of Correctional Services, and the Department of Economic Development will have integrated programs and policies when serving a common customer. Organizational mergers and operating agreements shall be developed within state government which bring together the state's community-based child-serving and family-serving resources in the areas of health care services, social services, mental health services, developmental disabilities services, juvenile justice, and education. Such actions shall eliminate the need for the public to understand the differing roles, responsibilities, and services of the agencies enumerated in this section and their affiliates.

Laws 1994, LB 1224, § 32;

Laws 1996, LB 1044, § 365;

Laws 2007, LB296, § 291.
Neb. Rev. Stat. § 29-4125 — NE Code / Chapter 29 / Section 29-4125
View Statute 29-4125
Status: in_force

(1) Notwithstanding any other provision of law and subject to subsection (2) or (4) of this section, state agencies and political subdivisions shall preserve any biological material secured in connection with a criminal case for such period of time as any person remains incarcerated in connection with that case.

(2) State agencies or political subdivisions that have secured biological material for use in criminal cases may dispose of biological material before expiration of the period of time specified in subsection (1) of this section if:

(a) The state agency or political subdivision which secured the biological material for use in a criminal case notifies any person who remains incarcerated in connection with the case, such person's counsel of record, or if there is no counsel of record, the public defender, if applicable, in the county in which the judgment of conviction of such person was entered. The notice shall include:

(i) The intention of the state agency or political subdivision to dispose of the material after ninety days after receipt of the notice; and

(ii) The provisions of the DNA Testing Act;

(b) The person, such person's counsel of record, or the public defender does not file a motion under section 29-4120 within ninety days after receipt of notice under this section; and

(c) No other provision of law or court order requires that such biological material be preserved.

(3) The person, such person's counsel of record, or the public defender who receives notice under subdivision (2)(a) of this section, may, in lieu of a motion under section 29-4120 , request in writing to take possession of the biological material for the purpose of having the material available for any future discovery of scientific or forensic techniques. Copies of any such written request shall be provided to both the court and to the county attorney. The costs of acquisition, preservation, and storage of any such material shall be at the expense of the person.

(4) The Department of Health and Human Services shall preserve biological material obtained for the purpose of determining the concentration of alcohol in a person's blood for two years unless a request is made for the retention of such material beyond such period in connection with a pending legal action.

Laws 2001, LB 659, § 10;

Laws 2003, LB 245, § 2;

Laws 2007, LB296, § 48.
Neb. Rev. Stat. § 8-179 — NE Code / Chapter 8 / Section 8-179
View Statute 8-179
Status: in_force

(1) The resulting state bank under section 8-178 shall file a statement with the department, under the oath of its president or cashier, (a) showing that the procedure prescribed by the laws of the United States and by this state have been followed, (b) setting forth in the statement the matter prescribed by sections 8-1901 to 8-1903 , and (c) if the national bank has been further chartered to conduct a trust company business within a trust department of the bank, setting forth the matter prescribed by sections 8-159 to 8-162.01 . Upon payment of all applicable fees, the department shall issue to such corporation, a charter to transact the business provided for in its articles of incorporation, and, if applicable, a charter to conduct a trust company business within a trust department of the bank.

(2) The department may accept good assets of any such national bank, worth not less than par, in lieu of the payment otherwise provided by law for the stock of such resulting bank. When the parties requesting the conversion, merger, or consolidation are officers or directors of either the national bank or of the state bank, they shall be accepted without investigation as parties of integrity and responsibility. Unless the resulting bank is at a different location than the former national or state bank, the department shall recognize the public necessity, convenience, and advantage of permitting the resulting bank and, if applicable, the trust company business within a trust department of the bank, to engage in business.

Laws 1951, c. 11, § 1(2), p. 84;

R.R.S.1943, § 8-165.01;

Laws 1963, c. 29, § 79, p. 165;

Laws 1995, LB 384, § 5;

Laws 2006, LB 876, § 11;

Laws 2017, LB140, § 75.
Neb. Rev. Stat. § 39-2817 — NE Code / Chapter 39 / Section 39-2817
View Statute 39-2817
Status: in_force

(1) The process for selecting a construction manager and entering into a construction manager-general contractor contract shall be in accordance with this section and sections 39-2818 to 39-2820 .

(2) A contracting agency shall prepare a request for qualifications for construction manager-general contractor contract proposals and shall prequalify construction managers. The request for qualifications shall describe the project in sufficient detail to permit a construction manager to respond. The request for qualifications shall identify the maximum number of eligible construction managers the contracting agency will place on a short list as qualified and eligible to receive a request for proposals.

(3) The request for qualifications shall be (a) published in a newspaper of statewide circulation at least thirty days prior to the deadline for receiving the request for qualifications and (b) sent by first-class mail to any construction manager upon request.

(4) The contracting agency shall create a short list of qualified and eligible construction managers in accordance with the guidelines adopted pursuant to section 39-2811 . The contracting agency shall select at least two construction managers, except that if only one construction manager has responded to the request for qualifications, the contracting agency may, in its discretion, proceed or cancel the procurement. The request for proposals shall be sent only to the construction managers placed on the short list.

(5) A contracting agency may combine the separate qualification and proposal steps of this section and section 39-2818 into a single-step process if the contracting agency determines that a single-step process is in the contracting agency's best interest. If a single-step process is used, a contracting agency shall consider the qualifications of all proposing construction managers as a part of the request for proposals. Notice of the request for proposals shall be published as provided in subsection (3) of this section. There is no requirement to short list construction managers when using the single-step process. If only one proposal is submitted, the contracting agency may, in its discretion, proceed or cancel the procurement.

Laws 2016, LB960, § 17;

Laws 2019, LB583, § 11;

Laws 2024, LB1200, § 3.
Neb. Rev. Stat. § 58-502 — NE Code / Chapter 58 / Section 58-502
View Statute 58-502
Status: in_force

The Legislature finds and declares the following facts and purposes of the Nebraska Redevelopment Act:

(1) It is the policy of this state to make revisions in its statutory structure if this will encourage both new and existing businesses to relocate to and expand in Nebraska and to provide appropriate inducements to encourage them to do so if this will aid in the economic and population growth of the state and help create better jobs for the citizens of the State of Nebraska and if this can be done in a fiscally sound and effective manner;

(2) The prevention and elimination of blighted and substandard areas is a matter of state public policy and public interest;

(3) There exists in and around certain cities of this state areas which are blighted and substandard due to a lack of sufficient economic activity, public and private infrastructure, job growth, wage levels, population growth, low-income and moderate-income housing, business expansion, and new construction;

(4) Such conditions have prevented economic and population growth in certain areas and are beyond remedy solely by the normal regulatory process and the ordinary operations of private enterprise; and

(5) The elimination of such conditions through the rehabilitation, acquisition, and redevelopment of such areas, and the application of ad valorem taxes on new investment in such areas, as provided in the act, are public uses and public purposes which the Legislature intends that the act will help accomplish.

Laws 1995, LB 830, § 2.
Neb. Rev. Stat. § 60-476 — NE Code / Chapter 60 / Section 60-476
View Statute 60-476
Status: in_force

Person shall mean every natural person, firm, partnership, limited liability company, association, or corporation.

Laws 1989, LB 285, § 26;

Laws 1993, LB 121, § 383.
Neb. Rev. Stat. § 45-605.01 — NE Code / Chapter 45 / Section 45-605.01
View Statute 45-605.01
Status: in_force

(1) Effective October 1, 2020, or within one year after the Nationwide Mortgage Licensing System and Registry is capable of processing licenses issued under the Collection Agency Act, whichever is later, the board, upon its discretion, may require licensees under the act to be licensed and registered through the Nationwide Mortgage Licensing System and Registry. In order to carry out this requirement, the board may participate in the Nationwide Mortgage Licensing System and Registry. For this purpose, the board may establish, by adopting and promulgating rules and regulations or by order, requirements as necessary. The requirements may include, but not be limited to:

(a) Any information as deemed necessary by the Nationwide Mortgage Licensing System and Registry;

(b) The payment of fees to apply for or renew a license provided for in sections 45-606 and 45-620 and any processing fee allowed under this section through the Nationwide Mortgage Licensing System and Registry;

(c) The setting or resetting, as necessary, of renewal processing or reporting dates; and

(d) Amending or surrendering a license or any other such activities as the board deems necessary for participation in the Nationwide Mortgage Licensing System and Registry.

(2) In order to fulfill the purposes of the Nebraska Collection Agency Act, the board may establish relationships or contracts with the Nationwide Mortgage Licensing System and Registry or other entities designated by the Nationwide Mortgage Licensing System and Registry to collect and maintain records and process transaction fees or other fees related to licensees or other persons subject to the act. The board may allow such system to collect licensing fees on behalf of the board and allow such system to collect a processing fee for the services of the system directly from each licensee or applicant for a license.

(3) The board shall regularly report enforcement actions and other relevant information to the Nationwide Mortgage Licensing System and Registry.

(4) The board shall establish a process whereby applicants and licensees may challenge information entered into the Nationwide Mortgage Licensing System and Registry by the board.

(5) The board shall ensure that the Nationwide Mortgage Licensing System and Registry adopts a privacy, data security, and breach of security of the system notification policy. The board shall make available upon written request a copy of the contract between the board and the Nationwide Mortgage Licensing System and Registry pertaining to the breach of security of the system provisions.

(6) Upon written request, the board shall provide the most recently available audited financial report of the Nationwide Mortgage Licensing System and Registry.

Laws 2020, LB909, § 33.
Neb. Rev. Stat. § 71-427.04 — NE Code / Chapter 71 / Section 71-427.04
View Statute 71-427.04
Status: in_force

Supervising pharmacy means a pharmacy licensed and located in Nebraska that owns and operates a licensed remote dispensing pharmacy.

Laws 2018, LB731, § 97.
Neb. Rev. Stat. § 49-904 — NE Code / Chapter 49 / Section 49-904
View Statute 49-904
Status: in_force

Each commissioner shall attend the meeting of the National Conference of Commissioners on Uniform State Laws, and both in and out of such national conference shall do all in his or her power to promote uniformity in state laws, upon all subjects where uniformity may be deemed desirable and practicable. The commission shall report electronically to the Clerk of the Legislature from time to time as the commission may deem proper, an account of its transactions, and its advice and recommendations for legislation. Each member of the Legislature shall receive an electronic copy of such report by making a request for it to the chairperson of the commission. It shall also be the duty of the commission to bring about as far as practicable the uniform judicial interpretation of all uniform laws.

Laws 1951, c. 166, § 4, p. 650;

Laws 1979, LB 322, § 20;

Laws 1981, LB 545, § 12;

Laws 2012, LB782, § 69.
Neb. Rev. Stat. § 18-622 — NE Code / Chapter 18 / Section 18-622
View Statute 18-622
Status: in_force

If any railroad company is dissatisfied with an order issued as provided in section 18-621 , such company may appeal such order to the district court in the county in which such city or village is situated. Such appeal shall be perfected by the railroad company filing, with the city clerk or village clerk of such city or village within ten days after such order is served, a written notice of its intention to appeal. Within twenty days after the filing of such notice of appeal, the city clerk or village clerk shall file with the clerk of the district court of such county a transcript containing the complaint and the order appealed from together with such other documents as may have been filed in such proceedings. The railroad company appealing shall pay to the city clerk or village clerk the cost of preparing such transcript. Upon such appeal the district court, without jury, shall hear and determine de novo all of the issues determined by the governing body except the question of whether or not the construction of such viaduct or subway is necessary for the public safety, convenience, and welfare. The court shall hear and determine such an appeal promptly and speedily, and the court's decision shall be subject to review by appeal or otherwise as other judgments of the district court are reviewable.

Laws 1949, c. 28, § 4(3), p. 105;

Laws 2021, LB163, § 57.
Neb. Rev. Stat. § 43-1320 — NE Code / Chapter 43 / Section 43-1320
View Statute 43-1320
Status: in_force

(1) The Legislature finds and declares that foster parents are a valuable resource providing an important service to the citizens of Nebraska. The Legislature recognizes that the current insurance crisis has adversely affected some foster parents in several ways. Foster parents have been unable to obtain liability insurance coverage over and above homeowner's or tenant's coverage for actions filed against them by the foster child, the child's parents, or the child's legal guardian. In addition, the monthly payment made to foster parents is not sufficient to cover the cost of obtaining extended coverage and there is no mechanism in place by which foster parents can recapture the cost. Foster parents' personal resources are at risk, and therefor the Legislature desires to provide relief to address these problems.

(2) The Department of Health and Human Services shall provide for self-insuring the foster parent program pursuant to section 81-8,239.01 or shall provide and pay for liability and property damage insurance for participants in a family foster parent program who have been licensed or approved to provide care or who have been licensed or approved by a legally established Indian tribal council operating within the state to provide care.

(3) There is hereby created the Foster Parent Liability and Property Damage Fund. The fund shall be administered by the Department of Health and Human Services and shall be used to provide funding for self-insuring the foster parent program pursuant to section 81-8,239.01 or to purchase any liability and property damage insurance policy provided pursuant to subsection (2) of this section and reimburse foster parents for unreimbursed liability and property damage incurred or caused by a foster child as the result of acts covered by the insurance policy. Claims for unreimbursed liability and property damage incurred or caused by a foster child may be submitted in the manner provided in the State Miscellaneous Claims Act. Each claim shall be limited to the amount of any deductible applicable to the insurance policy provided pursuant to subsection (2) of this section, and there may be a fifty-dollar deductible payable by the foster parent per claim. The department shall adopt and promulgate rules and regulations to carry out this section. 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 1992, LB 169, § 2;

Laws 1994, LB 1066, § 27;

Laws 1996, LB 1044, § 200;

Laws 1998, LB 1073, § 30;

Laws 2007, LB296, § 127.

Nebraska Capital Expansion Act, see section 72-1269 .

Nebraska State Funds Investment Act, see section 72-1260 .

State Miscellaneous Claims Act, see section 81-8,294 .
Neb. Rev. Stat. § 25-2722 — NE Code / Chapter 25 / Section 25-2722
View Statute 25-2722
Status: in_force

Every record made in any county court, excepting original orders, judgments and decrees thereof, shall have attached thereto a certificate signed by the judge of such court, showing the date of such record and the county in which the same is made, and it shall not be necessary to call such judge or his successor in office to prove such record so certified.

G.S.1873, c. 14, § 34, p. 270;

R.S.1913, § 1234;

C.S.1922, § 1157;

C.S.1929, § 27-536;

R.S.1943, § 24-540;

Laws 1972, LB 1032, § 67;

R.S.1943, (1985), § 24-567.