FrankGoortani/open-us-law huggingface dataset:
Neb. Rev. Stat. § 54-415 — NE Code / Chapter 54 / Section 54-415
View Statute 54-415
Status: in_force

Any person taking up an estray within the brand inspection area or brand inspection service area shall report the same within seven days thereafter to the Nebraska Brand Committee. Any person taking up an estray in any other area of the state shall report the same to the county sheriff of the county where the estray was taken. If the animal is determined to be an estray by a representative of the Nebraska Brand Committee or the county sheriff, as the case may be, such animal shall, as promptly as may be practicable, be sold through the most convenient livestock auction market. The proceeds of such sale, after deducting the selling expenses, shall be paid over to the Nebraska Brand Committee to be placed in the estray fund identified in section 54-1,118 , if such estray was taken up within the brand inspection area or brand inspection service area, and otherwise to the treasurer of the county in which such estray was taken up. During the time such proceeds are impounded, any person taking up such estray may file claim with the Nebraska Brand Committee or the county treasurer, as the case may be, for the expense of feeding and keeping such estray while in his or her possession. When such claim is filed it shall be the duty of the Nebraska Brand Committee or the county board, as the case may be, to decide on the validity of the claim so filed and allow the claim for such amount as may be deemed equitable. When the estray is taken up within the brand inspection area or brand inspection service area, such proceeds shall be impounded for one year, unless ownership is determined sooner by the Nebraska Brand Committee, and if ownership is not determined within such one-year period, the proceeds shall be paid into the permanent school fund, less the actual expenses incurred in the investigation and processing of the estray fund. Any amount deducted as actual expenses incurred shall be deposited in the Nebraska Brand Inspection and Theft Prevention Fund. When the estray is taken up outside the brand inspection area or brand inspection service area and ownership cannot be determined by the county board, the county board shall then order payment of the balance of the sale proceeds less expenses, to the permanent school fund. If the brand committee or the county board determines ownership of an estray sold in accordance with this section by means of evidence of ownership other than the owner's recorded Nebraska brand, an amount not to exceed the actual investigative costs or expenses may be deducted from the proceeds of the sale. Any person who violates this section is guilty of a Class II misdemeanor. The definitions found in sections 54-171.01 to 54-190 apply to this section.

R.S.1866, p. 154;

R.S.1913, § 123;

C.S.1922, § 131;

C.S.1929, § 54-415;

R.S.1943, § 54-415;

Laws 1965, c. 333, § 1, p. 953;

Laws 1967, c. 344, § 1, p. 920;

Laws 1977, LB 39, § 19;

Laws 1979, LB 564, § 19;

Laws 1980, LB 797, § 23;

Laws 1983, LB 536, § 5;

Laws 1999, LB 778, § 61;

Laws 2014, LB768, § 10;

Laws 2021, LB572, § 33.
Neb. Rev. Stat. § 37-352 — NE Code / Chapter 37 / Section 37-352
View Statute 37-352
Status: in_force

(1) No appropriation shall be made from the Nebraska Outdoor Recreation Development Cash Fund until the commission has presented electronically a multiyear recreational development plan to the Legislature for its review, modification, and final approval. An updated version of such plan shall also be submitted electronically to the Legislature annually for its modification and approval. The money in such fund shall be administered according to this section by the commission for the development, operation, and maintenance of areas of the state park system. The money in such fund may be used in whole or in part for the matching of federal funds. All disbursements from the fund shall be made upon warrants drawn by the Director of Administrative Services.

(2) When a recreational plan is prepared for any state park system area or part of a state park system area cooperatively managed by the commission and the Nebraska State Historical Society, such plan shall insure that adequate funds are appropriated to develop and maintain historical aspects.

Laws 1978, LB 109, § 5;

Laws 1989, LB 18, § 3;

R.S.1943, (1993), § 37-1304;

Laws 1998, LB 922, § 110;

Laws 2012, LB782, § 36.
Neb. Rev. Stat. § 68-1014 — NE Code / Chapter 68 / Section 68-1014
View Statute 68-1014
Status: in_force

If any guardian or conservator shall have been appointed to take charge of the property of any recipient of assistance to the aged, blind, or disabled, aid to dependent children, or medical assistance, such assistance payments shall be made to the guardian or conservator upon his or her filing with the Department of Health and Human Services a certified copy of his or her letters of guardianship or conservatorship.

Laws 1965, c. 394, § 2, p. 1261;

Laws 1982, LB 522, § 39;

Laws 1996, LB 1044, § 311;

Laws 2007, LB296, § 268.
Neb. Rev. Stat. § 8-2102 — NE Code / Chapter 8 / Section 8-2102
View Statute 8-2102
Status: in_force

For purposes of the Interstate Branching and Merger Act, unless the context otherwise requires:

(1) Bank means a bank as defined in 12 U.S.C. 1813, as such section existed on January 1, 2012;

(2) Department means the Department of Banking and Finance;

(3) Director means the Director of Banking and Finance;

(4) Home state means (a) with respect to a state chartered bank, the state in which the bank is chartered and (b) with respect to a national bank, the state in which the main office of the bank is located;

(5) Home state regulator means, with respect to an out-of-state state chartered bank, the bank supervisory agency of the state in which such bank is chartered;

(6) Host state means a state, other than the home state of a bank, in which the bank maintains, or seeks to establish and maintain, a branch;

(7) Interstate merger transaction means a merger or consolidation of two or more banks, at least one of which is a Nebraska bank and at least one of which is an out-of-state bank, and the conversion of the main office and the branches of any bank involved in such merger or consolidation into branches of the resulting bank;

(8) Nebraska bank means a bank whose home state is Nebraska;

(9) Nebraska state chartered bank means a corporation which is chartered to conduct a bank in this state pursuant to the Nebraska Banking Act;

(10) Out-of-state bank means a bank whose home state is a state other than Nebraska;

(11) Out-of-state state chartered bank means a bank chartered under the laws of any state other than Nebraska;

(12) Resulting bank means a bank that has resulted from an interstate merger transaction under the Interstate Branching and Merger Act; and

(13) State means any state of the United States, the District of Columbia, any territory of the United States, Puerto Rico, Guam, American Samoa, the Trust Territory of the Pacific Islands, the Virgin Islands, and the Northern Mariana Islands.

Laws 1997, LB 351, § 2;

Laws 1998, LB 1321, § 74;

Laws 2008, LB851, § 15;

Laws 2012, LB963, § 15.

Nebraska Banking Act, see section 8-101.02 .
Neb. Rev. Stat. § 28-351 — NE Code / Chapter 28 / Section 28-351
View Statute 28-351
Status: in_force

Abuse means any knowing or intentional act on the part of a caregiver or any other person which results in physical injury, unreasonable confinement, cruel punishment, sexual abuse, or sexual exploitation of a vulnerable adult.

Laws 1988, LB 463, § 4;

Laws 2012, LB1051, § 4.

Under the "evidence of abuse . . . or child abuse or neglect" provision of section 71-6903(3), the pregnant woman must establish that a parent or guardian, who occupies that role in relation to her at the time she files her petition for waiver of parental consent, has either abused her as defined in this section or subjected her to child abuse or neglect as defined in section 28-710. In re Petition of Anonymous 5, 286 Neb. 640, 838 N.W.2d 226 (2013).

Under the "evidence of abuse . . . or child abuse or neglect" provision of section 71-6903(3), the pregnant woman must establish that a parent or guardian, who occupies that role in relation to her at the time she files her petition for waiver of parental consent, has either abused her as defined in this section or subjected her to child abuse or neglect as defined in section 28-710. In re Petition of Anonymous 5, 286 Neb. 640, 838 N.W.2d 226 (2013).

Defendant's conviction of sexual abuse of a vulnerable adult reversed because evidence was insufficient to establish element of sexual contact. State v. Hulshizer, 245 Neb. 244, 512 N.W.2d 372 (1994).

Defendant's conviction of sexual abuse of a vulnerable adult reversed because evidence was insufficient to establish element of sexual contact. State v. Hulshizer, 245 Neb. 244, 512 N.W.2d 372 (1994).
Neb. Rev. Stat. § 46-1223.01 — NE Code / Chapter 46 / Section 46-1223.01
View Statute 46-1223.01
Status: in_force

The department shall develop a program that is designed to train individuals to become licensed natural resources ground water technicians. Such course shall be developed by the department in consultation with the natural resources districts. Such course shall include inspection of chemigation systems, measuring and recording static water levels, inspecting and servicing flow meters, and taking water samples. Training sessions shall not be less than two hours and shall not exceed eight hours.

Laws 2001, LB 133, § 7;

Laws 2007, LB463, § 1160.
Neb. Rev. Stat. § 47-628 — NE Code / Chapter 47 / Section 47-628
View Statute 47-628
Status: in_force

(1) A sentencing judge may sentence an offender to probation conditioned upon community correctional programming.

(2) A sentence to a community correctional program or facility shall be imposed as a condition of probation pursuant to the Nebraska Probation Administration Act. The court may modify the sentence of an offender serving a sentence in a community correctional program in the same manner as if the offender had been placed on probation.

(3) The Office of Probation Administration shall utilize community correctional facilities and programs as appropriate.

Laws 2003, LB 46, § 40;

Laws 2011, LB390, § 11.

Nebraska Probation Administration Act, see section 29-2269 .
Neb. Rev. Stat. § 2-1822 — NE Code / Chapter 2 / Section 2-1822
View Statute 2-1822
Status: in_force

Any person having a direct financial interest, who is dissatisfied with the grade established by inspection under the Nebraska Potato Inspection Act, may appeal to the director in writing for reinspection. Such appeal shall be made within ten days after inspection and before shipment of the inspected potatoes. Upon receipt of such appeal, the director shall cause a reinspection to be completed to determine the grade in dispute, and upon completion of the reinspection, he or she shall make known his or her findings to all persons having a direct financial interest. All parties shall be bound by the findings following the reinspection. In the event that the reinspection does not determine a new or different grade, all costs of the reinspection shall be paid to the director by the person requesting reinspection. Any official inspection certificate issued as the result of a reinspection shall supersede the original official certificate. The findings may be appealed, and the appeal shall be in accordance with the Administrative Procedure Act.

Laws 1969, c. 20, § 14, p. 190;

Laws 1988, LB 352, § 3.

Administrative Procedure Act, see section 84-920 .
Neb. Rev. Stat. § 23-3112 — NE Code / Chapter 23 / Section 23-3112
23-3112
Status: in_force

Except in an emergency, which the county board shall declare by resolution, no order for delivery on a contract on open market order for personal property or services for any county department or agency shall be awarded until the county clerk is satisfied that the unencumbered balance in the fund concerned, in excess of all unpaid obligations, is sufficient to defray the cost of such order or contract or the county clerk is satisfied that the purchase is one contemplated in the terms of the county budget as set up by the county board. Whenever any officer, office, department, or agency of the county government shall purchase or contract for any personal property or services contrary to the County Purchasing Act, such order or contract shall be void. The county officer or the head of such department or agency shall be personally liable for the costs of such order or contract and, if already paid for out of county funds, the amount may be recovered in the name of the county in an appropriate action.

Laws 1943, c. 57, § 8, p. 230;

R.S.1943, § 23-324.06;

R.S.1943, (1983), § 23-324.06;

Laws 1985, LB 393, § 12.
Neb. Rev. Stat. § 59-1601 — NE Code / Chapter 59 / Section 59-1601
View Statute 59-1601
Status: in_force

For purposes of the Consumer Protection Act, unless the context otherwise requires:

(1) Person shall mean natural persons, corporations, trusts, unincorporated associations, partnerships, and limited liability companies;

(2) Trade and commerce shall mean the sale of assets or services and any commerce directly or indirectly affecting the people of the State of Nebraska; and

(3) Assets shall mean any property, tangible or intangible, real, personal, or mixed, and wherever situated, and any other thing of value.

Laws 1974, LB 1028, § 8;

Laws 1993, LB 121, § 378.

The Consumer Protection Act is equitable in nature. State ex rel. Stenberg v. Consumer's Choice Foods, 276 Neb. 481, 755 N.W.2d 583 (2008).

The Consumer Protection Act is equitable in nature. State ex rel. Stenberg v. Consumer's Choice Foods, 276 Neb. 481, 755 N.W.2d 583 (2008).
Neb. Rev. Stat. § 37-1238 — NE Code / Chapter 37 / Section 37-1238
View Statute 37-1238
Status: in_force

The commission may adopt and promulgate rules and regulations providing that any vessel may carry and exhibit the lights required by the Inland Navigational Rules Act of 1980, as amended, 33 U.S.C. 2001 et seq., in lieu of the lights required by sections 37-1232 to 37-1237 .

Laws 1978, LB 21, § 38;

Laws 1993, LB 235, § 39.
Neb. Rev. Stat. § 48-174 — NE Code / Chapter 48 / Section 48-174
View Statute 48-174
Status: in_force

Upon the filing of such petition a summons shall issue and be served upon the adverse party, as in civil causes, together with a copy of the petition. Return of service shall be made within fourteen days after the date of issue. An acknowledgment on the summons or the voluntary appearance of a defendant is equivalent to service.

Laws 1935, c. 57, § 13, p. 192;

C.S.Supp.,1941, § 48-174;

R.S.1943, § 48-174;

Laws 1978, LB 649, § 6;

Laws 2000, LB 1221, § 13;

Laws 2023, LB191, § 10.

Where on appeal there was timely service in fact of petition on adverse party and no prejudice resulted from the use of regular mail instead of certified or registered mail, motion to dismiss was properly overruled. Bourn v. James, 191 Neb. 635, 216 N.W.2d 739 (1974).

Where on appeal there was timely service in fact of petition on adverse party and no prejudice resulted from the use of regular mail instead of certified or registered mail, motion to dismiss was properly overruled. Bourn v. James, 191 Neb. 635, 216 N.W.2d 739 (1974).

Service of summons may be made either as in civil cases or by registered mail. Clark v. Village of Hemingford, 147 Neb. 1044, 26 N.W.2d 15 (1947).

Service of summons may be made either as in civil cases or by registered mail. Clark v. Village of Hemingford, 147 Neb. 1044, 26 N.W.2d 15 (1947).
Neb. Rev. Stat. § 48-305 — NE Code / Chapter 48 / Section 48-305
View Statute 48-305
Status: in_force

Such certificate shall state the date and place of birth of such child and describe the color of the hair and eyes, the height and weight and any distinguishing facial marks of such child, and that the papers required by section 48-304 have been duly examined, approved and filed, and that the child named in such certificate has appeared before the officer signing the certificate and been examined.

Laws 1907, c. 66, § 5, p. 262;

R.S.1913, § 3579;

Laws 1919, c. 190, tit. IV, art. III, § 5, p. 552;

C.S.1922, § 7673;

C.S.1929, § 48-305;

R.S.1943, § 48-305.
Neb. Rev. Stat. § 44-6112 — NE Code / Chapter 44 / Section 44-6112
View Statute 44-6112
Status: in_force

Corporate existence of a mutual insurer converting to a stock insurer pursuant to the Insurers Demutualization Act shall not terminate, but the new stock insurer shall be deemed to be a continuation of the mutual insurer and to have been organized on the date the mutual insurer was originally organized.

Laws 1993, LB 583, § 52.
Neb. Rev. Stat. § 39-1802 — NE Code / Chapter 39 / Section 39-1802
View Statute 39-1802
Status: in_force

The county board shall have the authority to construct, maintain, and improve drainage facilities on the public roads of the county. The county board also shall have the authority to make channel changes, control erosion, and provide stream protection or any other control measures beyond the road right-of-way limits wherever it is deemed necessary in order to protect the roads and drainage facilities from damage. The county board or road overseer shall have the authority to enter upon private or public property for the purposes listed in this section. The county board or road overseer shall make a record of the condition of the premises at the time of entry upon the premises or a record of any claimed encroachment of the road right-of-way that can be used in the event of damages to private property. In case of any damage to the premises, the county board shall pay the record owner of the premises the amount of the damages. Upon failure of the landowner and county board to agree upon the amount of damages, the landowner, in addition to any other available remedy, may file a petition as provided for in section 76-705 . The county board or road overseer shall give the record owner of the premises ten days' notice of its intention to enter upon private property for purposes listed in this section or to modify, relocate, remove, or destroy any encroaching private property in the county road right-of-way for such purposes. Upon notice the record owner shall have five days to respond to the county board or road overseer. In the event of an emergency or a threat to public health, safety, or welfare, the notice requirement of this section may be waived.

Laws 1957, c. 155, art. V, § 2, p. 552;

Laws 2013, LB386, § 1.
Neb. Rev. Stat. § 2-3740 — NE Code / Chapter 2 / Section 2-3740
View Statute 2-3740
Status: in_force

Dry bean shall mean any dry edible bean. Dry bean does not include chickpeas or garbanzo beans.

Laws 1987, LB 145, § 6;

Laws 2020, LB803, § 20.
Neb. Rev. Stat. § 38-1722 — NE Code / Chapter 38 / Section 38-1722
View Statute 38-1722
Status: in_force

The license of a mobile massage therapy establishment that has been revoked or expired for any reason shall not be reinstated. An original application for licensure shall be submitted and approved before such establishment may reopen for business.

Laws 2019, LB244, § 11.
Neb. Rev. Stat. § 9-811 — NE Code / Chapter 9 / Section 9-811
View Statute 9-811
Status: in_force

Lottery games conducted pursuant to the State Lottery Act shall be exempt from any local or occupation tax levied or assessed by any political subdivision having the power to levy, assess, or collect such a tax.

Laws 1991, LB 849, § 11;

Laws 1993, LB 138, § 27.
Neb. Rev. Stat. § 29-2812 — NE Code / Chapter 29 / Section 29-2812
View Statute 29-2812
Status: in_force

No citizen of this state, being an inhabitant or resident of the same, shall be sent a prisoner to any place whatever out of the state, for any crime or offense committed within this state, except in cases specially authorized by law, and every such imprisonment is hereby declared to be illegal. If any such citizen shall be so imprisoned, he may for every such imprisonment maintain an action of false imprisonment, in any court having cognizance thereof, against the person or persons by whom he shall be so imprisoned or transported contrary to law, and against any person who shall contrive, write, seal, sign or countersign any writing for such imprisonment or transportation, or shall be aiding and assisting in the same or any of them, and shall recover triple costs besides damages, which damages, so to be given, shall not be less than five hundred dollars; and every person knowingly concerned in any manner as aforesaid in such illegal imprisonment or transportation, contrary to this section, and being thereof lawfully convicted, shall be disabled from henceforth to bear any office of trust or profit within this state; Provided, if any citizen of this state, or any person or persons at any time resident in the same, shall have committed or shall be charged with having committed any treason, felony or misdemeanor in any other part of the United States or territories where he or she ought to be tried for such offense, he, she or they may be sent to the state or territory having jurisdiction of the offense as provided by the Uniform Criminal Extradition Act of this state.

G.S.1873, c. 58, § 364, p. 806;

R.S.1913, § 9258;

C.S.1922, § 10287;

C.S.1929, § 29-2812;

Laws 1935, c. 66, § 28, p. 231;

C.S.Supp.,1941, § 29-2812;

R.S.1943, § 29-2812.

Uniform Criminal Extradition Act, see section 29-758 .

Courts are bound by construction of extradition laws adopted by Supreme Court of United States and will not review questions of evidence decided by Governor. In re Willard, 93 Neb. 298, 140 N.W. 170 (1913).

Courts are bound by construction of extradition laws adopted by Supreme Court of United States and will not review questions of evidence decided by Governor. In re Willard, 93 Neb. 298, 140 N.W. 170 (1913).

This section does not authorize extradition without proof that accused is fugitive. Dennison v. Christian, 72 Neb. 703, 101 N.W. 1045 (1904).

This section does not authorize extradition without proof that accused is fugitive. Dennison v. Christian, 72 Neb. 703, 101 N.W. 1045 (1904).
Neb. Rev. Stat. § 71-208 — NE Code / Chapter 71 / Section 71-208
View Statute 71-208
Status: in_force

The Legislature finds that, through licensing of barber schools, the Board of Barber Examiners approves barbering programs which lead to a certificate or diploma in Nebraska. No barber school or college shall be approved by the board unless (1)(a) a barber school or college that operates as a postsecondary barber school or college requires, as a prerequisite to admission, high school graduation or its equivalent as determined by successfully passing a general educational development test or (b) a barber school or college that does not operate as a postsecondary barber school or college requires, as a prerequisite to graduation from such school or college, high school graduation or its equivalent as determined by successfully passing a general educational development test, (2) as a prerequisite to graduation it requires a course of instruction of not less than one thousand eight hundred hours, to be completed in not more than ten hours in any one working day, and (3) the barber school or college meets the standards of the Barber Act and any rules and regulations of the board. Such course of instruction shall include scientific fundamentals for barbering, hygiene, massaging, sterilization, haircutting, and shaving, except that when a barber school or college is a part of a high school accredited by the State Board of Education or the University of Nebraska, the Board of Barber Examiners shall provide in its rules and regulations that credit in the barber school or college shall be given for hours spent and courses pursued in the high school and that credit shall be given for courses in barbering taken in high school prior to formal enrollment in such barber school or college.

Laws 1927, c. 163, § 6, p. 429;

Laws 1929, c. 154, § 5, p. 536;

C.S.1929, § 71-2008;

R.S.1943, § 71-208;

Laws 1945, c. 166, § 1(1), p. 532;

Laws 1957, c. 294, § 3, p. 1054;

Laws 1963, c. 409, § 10, p. 1319;

Laws 1971, LB 1020, § 9;

Laws 1978, LB 722, § 6;

Laws 1997, LB 622, § 87;

Laws 1999, LB 272, § 21;

Laws 2016, LB842, § 2;

Laws 2018, LB731, § 82.