FrankGoortani/open-us-law huggingface dataset:
Neb. Rev. Stat. § 23-149 — NE Code / Chapter 23 / Section 23-149
View Statute 23-149
Status: in_force

(1)(a) In counties not under township organization, a registered voter may file a petition or petitions for the submission of the question regarding the number of commissioners on the county board. The petition or petitions shall be signed by registered voters equal in number to five percent of the voters registered in the county at the preceding statewide general election.

(b) In counties not under township organization, the county board may, by majority vote of all members, adopt a resolution for the submission of the question regarding the number of commissioners on the county board.

(2) When the petition or petitions or the resolution is filed with the election commissioner or county clerk not less than seventy days before the date of any general election, the election commissioner or county clerk shall cause the question to be submitted to the voters of the county at such election and give notice thereof in the general notice of such election. The forms of ballots shall be respectively: For three commissioners and For five commissioners; and the same shall be printed upon the regular ballots cast for officers voted for at such election and shall be counted and canvassed in the same manner.

(3) If a majority of votes cast at the election favor the proposition For five commissioners, thereafter the county shall have five commissioners, and if a majority of the ballots cast at the election favor the proposition For three commissioners, thereafter the county shall have three commissioners.

Laws 1891, c. 21, § 1, p. 226;

Laws 1903, c. 30, § 1, p. 277;

R.S.1913, § 978;

Laws 1917, c. 18, § 1, p. 78;

Laws 1919, c. 69, § 1, p. 183;

C.S.1922, § 878;

C.S.1929, § 26-132;

R.S.1943, § 23-149;

Laws 1969, c. 259, § 1, p. 958;

Laws 1973, LB 75, § 1;

Laws 1991, LB 789, § 5;

Laws 2008, LB269, § 2;

Laws 2019, LB411, § 24.

Results of election required change in number of commissioner districts. Ludwig v. Board of County Commissioners of Sarpy County, 170 Neb. 600, 103 N.W.2d 838 (1960).

Results of election required change in number of commissioner districts. Ludwig v. Board of County Commissioners of Sarpy County, 170 Neb. 600, 103 N.W.2d 838 (1960).
Neb. Rev. Stat. § 60-1401.26 — NE Code / Chapter 60 / Section 60-1401.26
View Statute 60-1401.26
Status: in_force

Motor vehicle dealer means any person, other than a bona fide consumer, actively and regularly engaged in the act of selling, leasing for a period of thirty or more days, or exchanging new or used motor vehicles, trailers, and manufactured homes who buys, sells, exchanges, causes the sale of, or offers or attempts to sell new or used motor vehicles. Such person is a motor vehicle dealer and subject to the Motor Vehicle Industry Regulation Act.

Motor vehicle dealer does not include a lessor who was not involved in or associated with the selection, location, acquisition, or supply of a motor vehicle which is the subject of a lease agreement.

Laws 2010, LB816, § 38.

The definition of a motor vehicle dealer under this section entails three requirements. To be a motor vehicle dealer, a person must (1) not be a bona fide consumer; (2) be actively and regularly engaged in selling, leasing for a period of 30 or more days, or exchanging new or used motor vehicles; and (3) buy, sell, exchange, cause the sale of, or offer or attempt to sell new or used motor vehicles. State v. Merchant, 288 Neb. 439, 848 N.W.2d 630 (2014).

The definition of a motor vehicle dealer under this section entails three requirements. To be a motor vehicle dealer, a person must (1) not be a bona fide consumer; (2) be actively and regularly engaged in selling, leasing for a period of 30 or more days, or exchanging new or used motor vehicles; and (3) buy, sell, exchange, cause the sale of, or offer or attempt to sell new or used motor vehicles. State v. Merchant, 288 Neb. 439, 848 N.W.2d 630 (2014).
Neb. Rev. Stat. § 44-1609 — NE Code / Chapter 44 / Section 44-1609
View Statute 44-1609
Status: in_force

The order or any revocation thereof, shall be executed and acknowledged, in the same manner that conveyances of real estate are required to be signed and acknowledged by the laws of this state, and where the employee is a married person, the order shall be executed and acknowledged by both husband and wife.

Laws 1949, c. 132, § 2, p. 347.
Neb. Rev. Stat. § 68-1913 — NE Code / Chapter 68 / Section 68-1913
View Statute 68-1913
Status: in_force

Quality assurance assessment means the assessment imposed under section 68-1917 .

Laws 2011, LB600, § 13.
Neb. Rev. Stat. § 59-815 — NE Code / Chapter 59 / Section 59-815
View Statute 59-815
Status: in_force

Any corporation, joint-stock company, limited liability company, or other association, and any president, director, treasurer, officer, corporator, partner, member, associate, or agent thereof who in its behalf engages in such business in violation of sections 59-801 to 59-831 shall for each offense, in addition to such penalty for contempt as the court in case of disobedience to its lawful order may impose, be guilty of a Class IV felony.

Laws 1905, c. 162, § 12, p. 641;

R.S.1913, § 4056;

C.S.1922, § 3459;

C.S.1929, § 59-812;

R.S.1943, § 59-815;

Laws 1977, LB 39, § 66;

Laws 1983, LB 32, § 4;

Laws 1993, LB 121, § 370;

Laws 2002, LB 1278, § 6.
Neb. Rev. Stat. § 48-213 — NE Code / Chapter 48 / Section 48-213
View Statute 48-213
Status: in_force

Any person, firm or corporation violating any of the provisions of section 48-212 shall be guilty of a Class III misdemeanor.

Laws 1931, c. 96, § 2, p. 266;

C.S.Supp.,1941, § 48-216;

R.S.1943, § 48-213;

Laws 1977, LB 40, § 275.
Neb. Rev. Stat. § 44-3804 — NE Code / Chapter 44 / Section 44-3804
View Statute 44-3804
Status: in_force

No person may offer a prepaid dental service plan in this state unless authorized to do so by the director. This section shall not apply to any person issuing group policies if fewer than twenty-five percent of the certificate holders or insureds reside in this state and the person is regulated to a comparable extent by another state in which a larger number of certificate holders or insureds reside.

Laws 1982, LB 139, § 4;

Laws 1989, LB 92, § 240.
Neb. Rev. Stat. § 23-293 — NE Code / Chapter 23 / Section 23-293
View Statute 23-293
Status: in_force

(1) In counties under township organization, a registered voter may file a petition or petitions for submission of the question of the discontinuance of township organization to the registered voters of the county. The petition or petitions shall be signed by registered voters equal in number to five percent of the voters registered in the county at the preceding statewide general election. The petition or petitions shall be filed in the office of the election commissioner or county clerk by September 1 of the year of the general election at which the petitioners wish to have the question submitted for a vote. If such petition or petitions are filed in conformance with this subsection, the question shall be submitted to the registered voters at the next general election held after the filing of the petition or petitions.

(2) In counties under township organization, the county board may, by a resolution supported by a majority of the county board, submit the question of discontinuance of township organization to the registered voters of the county. If such resolution is filed in the office of the election commissioner or county clerk by September 1 of the year of the general election at which the board wishes to have the question submitted for a vote, the question shall be submitted to the registered voters at the next general election held after the filing of the resolution.

(3) A petition or county board resolution for discontinuance of township organization shall specify whether the county board of commissioners to be formed pursuant to section 23-151 will have five or seven members and that reorganization as a county board of commissioners will be effective at the expiration of the supervisors' terms of office in January of the third calendar year following the election to discontinue township organization.

Laws 1885, c. 43, § 2, p. 236;

Laws 1895, c. 29, § 1, p. 154;

R.S.1913, § 1057;

C.S.1922, § 959;

C.S.1929, § 26-273;

R.S.1943, § 23-293;

Laws 1973, LB 75, § 18;

Laws 1985, LB 422, § 1;

Laws 2008, LB269, § 6;

Laws 2019, LB411, § 26.
Neb. Rev. Stat. § 43-1231 — NE Code / Chapter 43 / Section 43-1231
View Statute 43-1231
Status: in_force

A child custody determination made by a court of this state that had jurisdiction under the Uniform Child Custody Jurisdiction and Enforcement Act binds all persons who have been served in accordance with the laws of this state or notified in accordance with section 43-1233 or who have submitted to the jurisdiction of the court, and who have been given an opportunity to be heard. As to those persons, the determination is conclusive as to all decided issues of law and fact except to the extent the determination is modified.

Laws 2003, LB 148, § 6.
Neb. Rev. Stat. § 39-2125 — NE Code / Chapter 39 / Section 39-2125
View Statute 39-2125
Status: in_force

Sections 13-914 and 39-2101 to 39-2125 shall be construed as an independent act, complete in itself, and in the event of conflict between any provisions of sections 13-914 and 39-2101 to 39-2125 and any other statutes, the provisions of sections 13-914 and 39-2101 to 39-2125 shall control.

Laws 1969, c. 312, § 25, p. 1128;

Laws 1983, LB 10, § 9;

Laws 2007, LB277, § 6.
Neb. Rev. Stat. § 13-311 — NE Code / Chapter 18 / Section 13-311
13-311
Status: in_force

The county clerk, city clerk, clerk of any political subdivision, except any city of the metropolitan class, or any other person upon whom the duty is imposed by law to publish notice required by law in regard to the formation of a special taxing district for public works or public improvements shall mail by certified mail with return receipt requested a copy of the published notice in regard to the formation of any special taxing district within the county, city, or other political subdivision, except any city of the metropolitan class, to the last-known address as shown on the current tax rolls of each nonresident property owner.

Laws 1973, LB 344, § 2;

Laws 1974, LB 655, § 2;

R.S.1943, (1983), § 18-1217.
Neb. Rev. Stat. § 42-1106 — NE Code / Chapter 42 / Section 42-1106
View Statute 42-1106
Status: in_force

If the alternate payee dies prior to receiving any payment of his or her interest in the member's benefit under a qualified domestic relations order, such interest reverts to the member. If the alternate payee dies after commencement of payments of his or her interest, then the alternate payee's beneficiary is entitled to the balance of the payee's interest under the payment option provided by the order or selected by the payee, except a joint and survivor annuity option with the alternate payee and alternate payee's spouse.

Laws 1996, LB 1273, § 6.
Neb. Rev. Stat. § 44-1092 — NE Code / Chapter 44 / Section 44-1092
View Statute 44-1092
Status: in_force

A society shall invest its funds only in such investments as are authorized by the laws of this state for the investment of assets of life insurers and subject to the limitations thereon. Any foreign or alien society permitted or seeking to do business in this state which invests its funds in accordance with the laws of the state, district, territory, country, or province in which it is incorporated shall be held to meet the requirements of this section for the investment of funds.

Laws 1985, LB 508, § 21.
Neb. Rev. Stat. § 32-110.03 — NE Code / Chapter 32 / Section 32-110.03
View Statute 32-110.03
Status: in_force

Emergency response provider shall mean a person responding to a mutual aid agreement or a state of emergency proclamation issued by the Governor or the President of the United States who is temporarily assigned by a governmental or nongovernmental relief agency or employer to provide support to victims of an emergency or a natural disaster or to rebuild the infrastructure of an area affected by such emergency or natural disaster.

Laws 2022, LB843, § 4.
Neb. Rev. Stat. § 35-103 — NE Code / Chapter 35 / Section 35-103
View Statute 35-103
Status: in_force

Members in good standing are hereby defined to be those who keep their dues promptly paid up, and are present and render active service when called out for the legitimate purposes of their organization.

Laws 1867 (Ter.), § 3, p. 16;

G.S.1873, c. 24, § 3, p. 390;

R.S.1913, § 2498;

C.S.1922, § 2436;

C.S.1929, § 35-103;

R.S.1943, § 35-103.
Neb. Rev. Stat. § 30-2456 — NE Code / Chapter 30 / Section 30-2456
View Statute 30-2456
Status: in_force

Parts 3 and 4 of this article govern proceedings for appointment of a personal representative to succeed one whose appointment has been terminated. After appointment and qualification, a successor personal representative may be substituted in all actions and proceedings to which the former personal representative was a party, and no notice, process or claim which was given or served upon the former personal representative need be given to or served upon the successor in order to preserve any position or right the person giving the notice or filing the claim may thereby have obtained or preserved with reference to the former personal representative. Except as otherwise ordered by the court, the successor personal representative has the powers and duties in respect to the continued administration which the former personal representative would have had if his appointment had not been terminated.

Laws 1974, LB 354, § 134, UPC § 3-613.

Under this section and section 3-309 of the Uniform Commercial Code, a successor personal representative may enforce a lost note made payable to his or her decedent if the successor proves by clear and convincing evidence that (1) the predecessor personal representative was in possession of the notes and entitled to enforce them when the loss of possession occurred; (2) the loss of possession was not the result of a voluntary transfer by predecessor or lawful seizure; and (3) possession of the notes cannot be obtained because they were either destroyed, their whereabouts cannot be determined, or they are in the wrongful possession of an unknown person or a person who cannot be found or is not amenable to service of process. Fales v. Norine, 263 Neb. 932, 644 N.W.2d 513 (2002).

Under this section and section 3-309 of the Uniform Commercial Code, a successor personal representative may enforce a lost note made payable to his or her decedent if the successor proves by clear and convincing evidence that (1) the predecessor personal representative was in possession of the notes and entitled to enforce them when the loss of possession occurred; (2) the loss of possession was not the result of a voluntary transfer by predecessor or lawful seizure; and (3) possession of the notes cannot be obtained because they were either destroyed, their whereabouts cannot be determined, or they are in the wrongful possession of an unknown person or a person who cannot be found or is not amenable to service of process. Fales v. Norine, 263 Neb. 932, 644 N.W.2d 513 (2002).
Neb. Rev. Stat. § 8-229.02 — NE Code / Chapter 8 / Section 8-229.02
View Statute 8-229.02
Status: in_force

When a state trust company has merged or consolidated with a state bank, the resulting state bank and trust company shall be considered the same business and corporate entity as the former state bank and the former trust company and as a continuation thereof. The ownership and title to all properties, assets, obligations, and liabilities of the merging or consolidating trust company shall automatically pass to and become the properties, assets, obligations, and liabilities of the resulting state bank and trust company and shall be deemed to be transferred to and vested in the resulting state bank and trust company without any deed or other transfer. The resulting state bank and trust company, by virtue of such consolidation or merger and without any order or other action on the part of any court or otherwise, shall hold and enjoy the same and all right of property, franchises, and interests, including appointments, designations, and nominations and all other rights and interests as trustee, personal representative, administrator, registrar of stocks and bonds, guardian of estates, assignee, receiver, and in every other fiduciary capacity, in the same manner and to the same extent as such rights, franchises, and interests were held or enjoyed by any such merging or consolidating trust company at the time of such merger or consolidation. Upon the merger or consolidation, the state charter of the merging or consolidating state trust company shall automatically be transferred to the resulting state bank and trust company.

Laws 1993, LB 81, § 47.
Neb. Rev. Stat. § 39-313 — NE Code / Chapter 39 / Section 39-313
View Statute 39-313
Status: in_force

No person shall hunt, trap, or molest any predatory animal on or upon any portion of a freeway or approach or exit thereto except at locations designated for such purpose. No person shall shoot from the roadway onto or across the land of any farmer or landowner or kill, attempt to kill, or retrieve any wildlife or game on such land prior to receiving permission from such farmer or landowner. Any person who violates this section shall be guilty of a Class V misdemeanor.

Laws 1973, LB 45, § 85;

Laws 1974, LB 699, § 1;

R.S.1943, (1988), § 39-685;

Laws 1993, LB 370, § 37.

Shooting from highway prohibited, see section 37-513 .
Neb. Rev. Stat. § 25-1565 — NE Code / Chapter 25 / Section 25-1565
View Statute 25-1565
Status: in_force

At any time after the entry of judgment against the judgment debtor, or one of several debtors in the same action, the judgment creditor is entitled to an order from the county court or the district court of the county (1) in which the debtor resides, (2) if the debtor does not reside in the state, where judgment was rendered, or (3) in which a transcript of judgment has been filed, requiring the debtor to appear and answer concerning his or her property before the judge of such court or a referee appointed by the judge of such court at a time and place specified in the order within the county to which the order was issued.

R.S.1867, Code § 533, p. 487;

R.S.1913, § 8112;

C.S.1922, § 9048;

C.S.1929, § 20-1566;

R.S.1943, § 25-1565;

Laws 1972, LB 1032, § 134;

Laws 1992, LB 1059, § 11;

Laws 2004, LB 1207, § 7.

Provisions of the code pertaining to compulsory discovery do not relate to the subject of pleading. Marshall v. Rowe, 126 Neb. 817, 254 N.W. 480 (1934).

Provisions of the code pertaining to compulsory discovery do not relate to the subject of pleading. Marshall v. Rowe, 126 Neb. 817, 254 N.W. 480 (1934).

Making of order is authorized only after return of execution unsatisfied. Clarke v. Nebraska Nat. Bank, 57 Neb. 314, 77 N.W. 805 (1899).

Making of order is authorized only after return of execution unsatisfied. Clarke v. Nebraska Nat. Bank, 57 Neb. 314, 77 N.W. 805 (1899).

Proceedings in aid of execution were designed to take the place of bill of discovery. Clarke v. Nebraska Nat. Bank, 49 Neb. 800, 69 N.W. 104 (1896).

Proceedings in aid of execution were designed to take the place of bill of discovery. Clarke v. Nebraska Nat. Bank, 49 Neb. 800, 69 N.W. 104 (1896).

Execution must issue to lay foundation for contempt proceedings. Hawthorne v. State, 45 Neb. 871, 64 N.W. 359 (1895).

Execution must issue to lay foundation for contempt proceedings. Hawthorne v. State, 45 Neb. 871, 64 N.W. 359 (1895).

Affidavit is unnecessary to obtain order; it is sufficient if execution is returned unsatisfied. English v. Smith, 1 Neb. Unof. 670, 96 N.W. 60 (1901).

Affidavit is unnecessary to obtain order; it is sufficient if execution is returned unsatisfied. English v. Smith, 1 Neb. Unof. 670, 96 N.W. 60 (1901).
Neb. Rev. Stat. § 70-1102 — NE Code / Chapter 70 / Section 70-1102
View Statute 70-1102
Status: in_force

Whenever any public power district organized under Chapter 70, article 6, is engaged in competitive retail electric service in any incorporated municipality within this state, with a system for the retail sale of electric energy owned by such municipality, such district is hereby directed, within one year from October 19, 1963, to enter into appropriate agreements with such municipality for the operation by the municipality (1) of the distribution system of the district in the municipality; (2) of all its retail business served through such distribution system; and (3) its system in all areas over which the municipality has zoning power, including such secondary transmission lines as are used in the service of the defined area. Such agreement shall provide for such operation by the municipality until January 1, 1972, or such time as such district shall have fully paid or accumulated reserves for the payment of all of the bonds or other obligations of the district incurred as the cost of construction or the purchase price of such system.

Laws 1963, c. 398, § 3, p. 1270.
Neb. Rev. Stat. § 23-1720 — NE Code / Chapter 23 / Section 23-1720
View Statute 23-1720
Status: in_force

Any sheriff, deputy state sheriff, deputy sheriff, or special deputy sheriff required to be bonded under section 11-119 or 23-1704.01 shall be indemnified by the county employing such sheriff, deputy state sheriff, deputy sheriff, or special deputy sheriff should such person become liable to any surety on a bond written under either such section. Any sheriff, deputy state sheriff, deputy sheriff, or special deputy sheriff may, with the approval of the county board, retain his or her own legal counsel to represent him or her in such proceedings at county expense.

Laws 1969, c. 143, § 1, p. 664;

Laws 1990, LB 821, § 9.
Neb. Rev. Stat. § 59-1701.01 — NE Code / Chapter 59 / Section 59-1701.01
View Statute 59-1701.01
Status: in_force

Sections 59-1701 to 59-1762 shall be known and may be cited as the Seller-Assisted Marketing Plan Act.

Laws 1993, LB 218, § 1;

Laws 2003, LB 217, § 41.