FrankGoortani/open-us-law huggingface dataset:
Neb. Rev. Stat. § 23-118 — NE Code / Chapter 23 / Section 23-118
View Statute 23-118
Status: in_force

(1) For purposes of this section:

(a) Immediate family member means a child residing in an official's household, the spouse of an official, or an individual claimed by an official or the official's spouse as a dependent for federal income tax purposes; and

(b) Official means a member of a county board or a member of a county planning commission.

(2) When the construction of any new electric generation facility is being considered within a county, prior to project site selection for the facility or approval of any contract by the county related to the facility, the county board shall:

(a) Conduct a public meeting announcing the proposed project; and

(b) If any official involved in the selection of such project site or approval of such contract or an immediate family member of such official holds, directly or indirectly, a financial interest in such facility, or in the ownership or lease of the property within the county where such facility will be constructed:

(i) Publish notice of the official's financial interest and whether such official has indicated his or her intent to vote to select such project site or approve such contract; and

(ii) Within ninety days after the publication of such notice, hold a public meeting regarding the official's intention to vote to select such project site or approve such contract.

(3)(a) This section shall not affect the validity of any contract or apply to the ownership or lease of any property existing on March 12, 2024.

(b) This section shall not affect any conflict-of-interest provisions of the Nebraska Political Accountability and Disclosure Act.

Laws 2024, LB569, § 1.

Nebraska Political Accountability and Disclosure Act, see section 49-1401 .
Neb. Rev. Stat. § 2-267 — NE Code / Chapter 2 / Section 2-267
2-267
Status: in_force

A county agricultural society operating or organized under the County Agricultural Society Act, which has become inoperative because of neglect in the discharge of its duties devolved upon it by law, or for any other reason, may at any time procure an extension, restoration, renewal, or revival of its corporate existence, together with all the rights, franchises, privileges, and immunities and subject to all of its duties, debts, and liabilities which had been secured or imposed by its original articles of incorporation and its amendments, by filing with the Secretary of State a certificate of its last acting president and secretary or treasurer, chairperson and other officers, or officers elected or appointed as provided in section 2-271 .

Laws 1995, LB 671, § 1;

R.S.Supp.,1996, § 2-241;

Laws 1997, LB 469, § 18.
Neb. Rev. Stat. § 48-1107.01 — NE Code / Chapter 48 / Section 48-1107.01
View Statute 48-1107.01
Status: in_force

It shall be an unlawful employment practice for a covered entity to:

(1) Discriminate against a qualified individual with a disability because of the disability of such individual in regard to job application procedures, the hiring, advancement, or discharge of employees, employee compensation, job training, and other terms, conditions, and privileges of employment; or

(2) Discriminate against an individual who is pregnant, who has given birth, or who has a related medical condition in regard to job application procedures, the hiring, advancement, or discharge of employees, employee compensation, job training, and other terms, conditions, and privileges of employment.

Laws 1993, LB 360, § 5;

Laws 2015, LB627, § 2.

Apart from an exception for summary judgments, in a discrimination action brought under the Nebraska Fair Employment Practice Act, a court evaluates the evidence under the three-part burden-shifting framework from McDonnell Douglas Corp. v. Green, 411 U.S. 792, 93 S. Ct. 1817, 36 L. Ed. 2d 668 (1973). Under that framework, (1) the plaintiff has the burden of proving a prima facie case of discrimination; (2) if the plaintiff proves a prima facie case, the burden shifts to the employer to articulate some legitimate, nondiscriminatory reason for the adverse employment action; and (3) if the employer articulates a nondiscriminatory reason for its action, the employee maintains the burden of proving that the stated reason was pretextual. Arens v. NEBCO, Inc., 291 Neb. 834, 870 N.W.2d 1 (2015).

Apart from an exception for summary judgments, in a discrimination action brought under the Nebraska Fair Employment Practice Act, a court evaluates the evidence under the three-part burden-shifting framework from McDonnell Douglas Corp. v. Green, 411 U.S. 792, 93 S. Ct. 1817, 36 L. Ed. 2d 668 (1973). Under that framework, (1) the plaintiff has the burden of proving a prima facie case of discrimination; (2) if the plaintiff proves a prima facie case, the burden shifts to the employer to articulate some legitimate, nondiscriminatory reason for the adverse employment action; and (3) if the employer articulates a nondiscriminatory reason for its action, the employee maintains the burden of proving that the stated reason was pretextual. Arens v. NEBCO, Inc., 291 Neb. 834, 870 N.W.2d 1 (2015).

The threshold fact of consequence in a disability discrimination action is whether the plaintiff is a qualified individual with a disability—i.e., one who can perform the essential functions of the job with or without reasonable accommodations. Arens v. NEBCO, Inc., 291 Neb. 834, 870 N.W.2d 1 (2015).

The threshold fact of consequence in a disability discrimination action is whether the plaintiff is a qualified individual with a disability—i.e., one who can perform the essential functions of the job with or without reasonable accommodations. Arens v. NEBCO, Inc., 291 Neb. 834, 870 N.W.2d 1 (2015).
Neb. Rev. Stat. § 39-1333 — NE Code / Chapter 39 / Section 39-1333
View Statute 39-1333
Status: in_force

The department may adopt reasonable rules and regulations and issue permits for the construction or use of any private entrance or exit, approach road, facility, thing, or appurtenance upon or connected to highway rights-of-way. Such rules and regulations and such permits may include, but need not be limited to, provisions for construction of culverts, requirements as to depth of fills, and requirements for drainage facilities deemed necessary. Such a permit so issued may contain such terms and conditions as, in the judgment of the granting authority, may be in the best interest of the public. All construction under such permits shall be under the supervision of the granting authority and at the expense of the applicant. After completion of the construction of the particular private entrance or exit, approach road, facility, thing, or appurtenance, the same shall be maintained at the expense of the applicant and in accordance with the rules and regulations of the department. Nothing herein contained shall be determined or construed to grant any right for or authorize the construction of a private entrance or exit or approach road upon or connected to any facility, thing, or appurtenance on the right-of-way of any highway or section of highway for which the department has by gift, agreement, or eminent domain acquired the rights of access on a portion thereof.

Laws 1955, c. 148, § 33, p. 432.

Application of this section was properly covered by instructions given by trial court. Chaloupka v. State, 176 Neb. 746, 127 N.W.2d 291 (1964).

Application of this section was properly covered by instructions given by trial court. Chaloupka v. State, 176 Neb. 746, 127 N.W.2d 291 (1964).
Neb. Rev. Stat. § 28-1474 — NE Code / Chapter 28 / Section 28-1474
View Statute 28-1474
Status: in_force

Any person who is required to submit to a preliminary breath test, or to a chemical blood or breath test pursuant to sections 28-1465 to 28-1474 shall be advised of the consequences of refusing to submit to such test.

Laws 1978, LB 903, § 10;

Laws 2001, LB 773, § 6.
Neb. Rev. Stat. § 44-311 — NE Code / Chapter 44 / Section 44-311
View Statute 44-311
Status: in_force

(1) A health care sharing ministry shall not be considered to be engaging in the business of insurance for purposes of the insurance laws of this state.

(2) For purposes of this section, health care sharing ministry means a faith-based, nonprofit organization that is tax-exempt under the Internal Revenue Code which:

(a) Limits its participants to those who are of a similar faith;

(b) Acts as a facilitator among participants who have financial or medical needs and matches those participants with other participants with the present ability to assist those with financial or medical needs in accordance with criteria established by the health care sharing ministry;

(c) Provides for the financial or medical needs of a participant through contributions from one participant to another;

(d) Provides amounts that participants may contribute with no assumption of risk or promise to pay among the participants and no assumption of risk or promise to pay by the health care sharing ministry to the participants;

(e) Provides a written monthly statement to all participants that lists the total dollar amount of qualified needs submitted to the health care sharing ministry, as well as the amount actually published or assigned to participants for their contribution;

(f) Provides a written disclaimer on or accompanying all applications and guideline materials distributed by or on behalf of the organization that reads, in substance:

IMPORTANT NOTICE. This organization is not an insurance company, and its product should never be considered insurance. If you join this organization instead of purchasing health insurance, you will be considered uninsured. By the terms of this agreement, whether anyone chooses to assist you with your medical bills as a participant of this organization will be totally voluntary, and neither the organization nor any participant can be compelled by law to contribute toward your medical bills. Regardless of whether you receive payment for medical expenses or whether this organization continues to operate, you are always personally responsible for the payment of your own medical bills. This organization is not regulated by the Nebraska Department of Insurance. You should review this organization's guidelines carefully to be sure you understand any limitations that may affect your personal medical and financial needs;

(g) Has participants which retain participation even after they develop a medical condition; and

(h) Conducts an annual audit which is performed by an independent certified public accounting firm in accordance with generally accepted accounting principles and which is made available to the public upon request.

Laws 2014, LB700, § 12.
Neb. Rev. Stat. § 37-1254.12 — NE Code / Chapter 37 / Section 37-1254.12
View Statute 37-1254.12
Status: in_force

Any person convicted of a violation of section 37-1254.01 or 37-1254.02 shall be punished as follows:

(1) If such person has not had a prior conviction, such person shall be guilty of a Class II misdemeanor. Upon conviction the court shall, as part of the judgment of conviction, order such person not to be in the actual physical control of any motorboat or personal watercraft under propulsion upon the waters of this state for any purpose for a period of six months from the date of such conviction. Such order shall be administered upon sentencing, upon final judgment of any appeal or review, or upon the date that any probation is revoked.

If the court places such person on probation or suspends the sentence for any reason, the court shall, as one of the conditions of probation or sentence suspension, order such person not to be in the actual physical control of any motorboat or personal watercraft under propulsion upon the waters of this state for any purpose for a period of sixty days from the date of the order; and

(2) If such person has had one or more prior convictions, such person shall be guilty of a Class I misdemeanor. Upon conviction the court shall, as part of the judgment of conviction, order such person not to be in the actual physical control of any motorboat or personal watercraft under propulsion upon the waters of this state for any purpose for a period of two years from the date of such conviction. Such order shall be administered upon sentencing or upon final judgment of any appeal or review. The two-year court-ordered prohibition shall apply even if probation is granted or the sentence suspended.

Laws 2011, LB667, § 19.
Neb. Rev. Stat. § 66-1214 — NE Code / Chapter 66 / Section 66-1214
View Statute 66-1214
Status: in_force

Commencing January 1, 1986, motor fuel dispensers shall be labeled on both faces with the product identity using the most descriptive terms commercially practicable. In addition, all alcohol-blended fuel dispensers shall have a label stating: With or containing ethanol, methanol, or ethanol and methanol or with similar wording if the motor fuel being dispensed contains one percent or more by volume of alcohol. Any person who owns or controls such a motor fuel dispenser and does not attach the notice required by this section shall be guilty of an infraction.

Laws 1985, LB 346, § 6.
Neb. Rev. Stat. § 25-1574 — NE Code / Chapter 25 / Section 25-1574
View Statute 25-1574
Status: in_force

If the sheriff shall be appointed receiver, he and his sureties shall be liable on his official bond for the faithful discharge of his duties as such receiver; if any other person shall be appointed receiver, he shall give a written undertaking, in such sum as shall be prescribed by the judge, with one or more sureties, to the effect that he will faithfully discharge his duties of receiver, and he shall also take an oath to the same effect before acting as such receiver. The undertaking mentioned in this section shall be to the State of Nebraska, and actions may be prosecuted for a breach thereof, by any person interested, in the same manner as upon a sheriff's official bond.

R.S.1867, Code § 543, p. 489;

R.S.1913, § 8122;

C.S.1922, § 9058;

C.S.1929, § 20-1576;

R.S.1943, § 25-1574.
Neb. Rev. Stat. § 49-1403 — NE Code / Chapter 49 / Section 49-1403
View Statute 49-1403
Status: in_force

For purposes of the Nebraska Political Accountability and Disclosure Act, unless the context otherwise requires, the definitions found in sections 49-1404 to 49-1444 shall be used.

Laws 1976, LB 987, § 3;

Laws 1981, LB 134, § 2;

Laws 1991, LB 232, § 2;

Laws 1997, LB 49, § 3;

Laws 2000, LB 1021, § 2.
Neb. Rev. Stat. § 42-713.01 — NE Code / Chapter 42 / Section 42-713.01
View Statute 42-713.01
Status: in_force

A tribunal of this state exercising personal jurisdiction over a nonresident in a proceeding under the Uniform Interstate Family Support Act or under other law of this state relating to a support order or recognizing a foreign support order may receive evidence from outside this state pursuant to section 42-729 , communicate with a tribunal outside this state pursuant to section 42-730 , and obtain discovery through a tribunal outside this state pursuant to section 42-731 . In all other respects, sections 42-714 to 42-747.04 do not apply and the tribunal shall apply the procedural and substantive law of this state.

Laws 2003, LB 148, § 53;

Laws 2015, LB415, § 13.
Neb. Rev. Stat. § 52-1501 — NE Code / Chapter 52 / Section 52-1501
View Statute 52-1501
Status: in_force

Every owner, lessee, agent or manager of any stallion, jack or bull shall have a lien upon any mare and her colt or upon any cow and her calf served by such stallion, jack or bull for the full amount of the reasonable or agreed value or price of such service. Every such owner, lessee, agent or manager of such stallion, jack or bull desiring to perfect a lien upon any mare and her colt, or upon any cow and her calf, shall at any time after breeding any such animal to any such male, file with the county clerk of the county a verified notice of lien describing such animal with reasonable certainty, giving the name of the owner and his place of residence if known, and the name and residence of the person having the possession of such animal, the location of such animal, the terms of payment for such service, the amount thereof, the name of the male, the date of service, and the time or event when the same shall become due and payable and such other matters as to make the same more certain. Thereafter such lienor shall have a first lien upon such animal or animals described therein, and their offspring as soon as the same may be born, subject, however, to the lien of record of any prior mortgage in good faith.

Laws 1913, c. 49, § 1, p. 155;

R.S.1913, § 90;

C.S.1922, § 98;

C.S.1929, § 54-202;

R.S.1943, § 54-202;

R.S.1943, (1984), § 54-202.
Neb. Rev. Stat. § 9-1101 — NE Code / Chapter 9 / Section 9-1101
View Statute 9-1101
Status: in_force

Sections 9-1101 to 9-1118 and 9-1201 to 9-1209 shall be known and may be cited as the Nebraska Racetrack Gaming Act.

Initiative Law 2020, No. 430, § 1;

Laws 2021, LB561, § 27;

Laws 2022, LB876, § 14;

Laws 2025, LB357, § 13.
Neb. Rev. Stat. § 25-1918 — NE Code / Chapter 25 / Section 25-1918
View Statute 25-1918
Status: in_force

Before any bond executed as aforesaid shall operate as a supersedeas, the execution of the same, and the sufficiency of the sureties therein, must be approved by the clerk of the court in which the judgment or decree was rendered or the final order was made.

G.S.1873, c. 57, § 4, p. 717;

R.S.1913, § 8191;

C.S.1922, § 9143;

C.S.1929, § 20-1918;

R.S.1943, § 25-1918.

If sureties are responsible, clerk must approve. State ex rel. Beard v. Cook, 51 Neb. 822, 71 N.W. 733 (1897).

If sureties are responsible, clerk must approve. State ex rel. Beard v. Cook, 51 Neb. 822, 71 N.W. 733 (1897).
Neb. Rev. Stat. § 38-706 — NE Code / Chapter 38 / Section 38-706
View Statute 38-706
Status: in_force

(1) Practice of anesthesia means (a) the performance of or the assistance in any act involving the determination, preparation, administration, or monitoring of any drug used to render an individual insensible to pain for procedures requiring the presence of persons educated in the administration of anesthetics or (b) the performance of any act commonly the responsibility of educated anesthesia personnel. Practice of anesthesia includes the use of those techniques which are deemed necessary for adequacy in performance of anesthesia administration.

(2) Nothing in the Certified Registered Nurse Anesthetist Practice Act prohibits (a) routine administration of a drug by a duly licensed registered nurse, licensed practical nurse, or other duly authorized person for the alleviation of pain or (b) the practice of anesthesia by students enrolled in an accredited school of nurse anesthesia when the services performed are a part of the course of study and are under the supervision of a licensed practitioner or certified registered nurse anesthetist.

Laws 1981, LB 379, § 26;

Laws 1992, LB 1019, § 73;

Laws 2002, LB 1062, § 47;

Laws 2005, LB 256, § 74;

R.S.Supp.,2006, § 71-1729;

Laws 2007, LB185, § 14;

Laws 2007, LB296, § 485;

Laws 2007, LB463, § 236.
Neb. Rev. Stat. § 66-1426 — NE Code / Chapter 66 / Section 66-1426
View Statute 66-1426
Status: in_force

All deficiencies determined by the department and any tax paid after the time provided shall accrue interest at the rate specified in subdivision (7) of section 66-1406 , as such rate may from time to time be adjusted, on such deficiency or late payment from the date such tax was due to the date of payment.

Laws 2018, LB177, § 12.
Neb. Rev. Stat. § 59-1746 — NE Code / Chapter 59 / Section 59-1746
View Statute 59-1746
Status: in_force

If the contract referred to in section 59-1741 provides for a downpayment to be paid to the seller, the downpayment shall not exceed twenty percent of the initial payment amount. In no event shall the contract payment schedule provide for the seller to receive more than twenty percent of the initial payment before delivery to the purchaser, or to the place at which they are to be located, the equipment, supplies, or products, unless all sums in excess of twenty percent are placed in an escrow account which cannot be released until the purchaser notifies the escrow agent in writing of the delivery of such equipment, supplies, or products. Notification of delivery by the purchaser to the escrow agent shall not be unreasonably withheld.

Laws 1979, LB 180, § 46.
Neb. Rev. Stat. § 17-161 — NE Code / Chapter 17 / Section 17-161
View Statute 17-161
Status: in_force

The school district and the city of the second class shall each provide in their annual budgets an item for their proportion of the expense of maintaining any joint municipal and recreation building or joint recreational and athletic field built pursuant to section 17-156 .

Laws 1953, c. 37, § 6, p. 129;

Laws 1955, c. 39, § 5, p. 154;

Laws 2017, LB133, § 49.
Neb. Rev. Stat. § 32-961 — NE Code / Chapter 32 / Section 32-961
View Statute 32-961
Status: in_force

(1)(a) To be eligible to be a poll watcher, an individual shall be either:

(i) A registered voter of this state; or

(ii) An individual representing a state-based, national, or international election monitoring organization.

(b) A candidate or a spouse of a candidate on the ballot at the election shall not be eligible for appointment as a poll watcher at such election.

(2) For poll watchers eligible under subdivision (1)(a)(i) of this section, any political party in Nebraska, a candidate for election in Nebraska not affiliated with a political party, an organization of persons interested in a question on the ballot, or a nonpartisan organization interested in Nebraska's elections and the elective process may appoint one or more poll watchers. Any such person or organization intending to appoint one or more poll watchers shall provide written notification to the election commissioner or county clerk of the county in which the poll watchers will be active on election day no later than the close of business on the Wednesday prior to election day. The notification shall include a list of appointed poll watchers and a list of the precincts that the poll watchers plan to observe and shall be provided prior to each election at which one or more poll watchers will be active. A poll watcher shall not be denied entry to a polling place because the poll watcher is not on the list or because the precinct is not on the list.

(3) For poll watchers eligible under subdivision (1)(a)(ii) of this section, any national or international election monitoring organization intending to appoint one or more poll watchers shall provide written notification to the Secretary of State no later than the close of business on the Wednesday prior to election day. The notification shall include a list of appointed poll watchers and a list of the counties and precincts to be observed and shall be provided prior to each election at which one or more poll watchers will be active.

Laws 2020, LB1055, § 10.
Neb. Rev. Stat. § 45-931 — NE Code / Chapter 45 / Section 45-931
View Statute 45-931
Status: in_force

(1) Licensees shall, on an annual basis, provide the following information to the director, in a uniform manner prescribed by the department: Total number of makers; total number of transactions; average transaction size; total contracted transaction charges; total transaction actual charges; number of defaulted transactions; number of charged-off transactions; dollar value of transactions charged off; number of nonnegotiable check fees and dollar value for the same; average contracted annual percentage rate; and any other nonprivate information which may be requested in the discretion of the director.

(2) The department shall compile the total number of licensees operating in this state by location and the information required in subsection (1) of this section regarding the transaction activities of licensees and makers under the Delayed Deposit Services Licensing Act and shall report electronically to the Clerk of the Legislature on or before December 1, 2018, and annually thereafter.

Laws 2018, LB194, § 19.