FrankGoortani/open-us-law huggingface dataset:
Neb. Rev. Stat. § 46-1652 — NE Code / Chapter 46 / Section 46-1652
View Statute 46-1652
Status: in_force

(1) Construction of any new dam or the enlargement of any dam shall not commence until the owner has applied for and obtained from the Chief Water Officer written application approval of plans and specifications.

(2) A separate application for each dam shall be filed with the Chief Water Officer upon forms provided by the Chief Water Officer. Plans and specifications signed and sealed by the design engineer shall accompany the application.

(3) The application shall provide the following information:

(a) The name and address of the owner;

(b) The name and address of the applicant, if different from the owner;

(c) The name and address of the operator or other person to be contacted regarding arrangements for inspections or other matters associated with the dam;

(d) The location, type, size, purpose, and height of the proposed dam;

(e) The reservoir surface areas and associated storage capacity at elevation intervals not exceeding two feet;

(f) Plans for proposed permanent instrument installations in the dam;

(g) The area of the drainage basin, rainfall records, streamflow records, and flood flow records and estimates, if available;

(h) Maps and design drawings showing plans, elevations, and sections of all principal structures and appurtenant works with other features of the project in sufficient detail, including design analyses, to determine safety, adequacy, and suitability of design;

(i) The estimated construction cost of the dam; and

(j) Such other pertinent information as the Chief Water Officer requires.

(4) The Chief Water Officer may, when in the Chief Water Officer's judgment it is necessary, also require the following:

(a) Data concerning subsoil and rock foundation conditions and the materials involved in the construction of the dam;

(b) Investigations of, and reports on, subsurface conditions, exploratory pits, trenches and adits, drilling, coring, and geophysical tests to measure in place and in the laboratory the properties and behavior of foundation materials at the dam site;

(c) Investigations and reports on the geology of the dam site, possible geologic hazards, seismic activity, faults, weak seams and joints, availability and quality of construction materials, and other pertinent features; and

(d) Other appropriate information.

(5) If an application is incomplete or defective, it shall be returned to the applicant to complete or to correct the defects. The application shall be corrected and returned to the Chief Water Officer within ninety days after it is returned to the applicant or within such additional time as may be allowed by the Chief Water Officer. If the application is returned to the Chief Water Officer after expiration of such time period, it shall be dismissed.

Laws 2005, LB 335, § 52;

Laws 2025, LB317, § 290.
Neb. Rev. Stat. § 54-909 — NE Code / Chapter 54 / Section 54-909
View Statute 54-909
Status: in_force

(1) If a person is convicted of a Class IV felony under section 54-903 , the sentencing court shall order such person not to own or possess a livestock animal for at least five years after the date of conviction, but such time restriction shall not exceed fifteen years. Any person violating such court order shall be guilty of a Class I misdemeanor.

(2) If a person is convicted of a Class I misdemeanor under section 54-903 or a Class III misdemeanor under section 54-904 , the sentencing court may order such person not to own or possess any livestock animal after the date of conviction, but such time restriction, if any, shall not exceed five years. Any person violating such court order shall be guilty of a Class IV misdemeanor.

(3) Any livestock animal involved in a violation of a court order under subsection (1) or (2) of this section shall be subject to seizure by law enforcement.

Laws 2010, LB865, § 9.
Neb. Rev. Stat. § 38-1219 — NE Code / Chapter 38 / Section 38-1219
View Statute 38-1219
Status: in_force

The department, with the recommendation of the board, shall adopt and promulgate rules and regulations necessary to:

(1) Administer the Emergency Medical Services Practice Act;

(2) Establish procedures and requirements for applications for licensure, renewal, and reinstatement in any of the licensure classifications created pursuant to the Emergency Medical Services Practice Act;

(3) Provide for the inspection, review, and termination of approval of training agencies. All training for licensure shall be provided through an approved training agency; and

(4) Provide for the inspection, review, and termination of basic life support emergency medical services and advanced life support emergency medical services.

Laws 2007, LB463, § 503;

Laws 2009, LB195, § 15;

Laws 2018, LB1034, § 23.
Neb. Rev. Stat. § 13-1005 — NE Code / Chapter 13 / Section 13-1005
View Statute 13-1005
Status: in_force

Such interstate control body as is or may be created by virtue of section 13-1004 shall have the right to acquire or receive, solely as trustees for the use and benefit of such conservation or recreational improvement district, real and personal property by deed, gift, purchase or otherwise to be used exclusively for the purposes defined in section 13-1001 .

Laws 1935, c. 39, § 5, p. 156;

C.S.Supp.,1941, § 18-1705;

R.S.1943, (1983), § 18-905.
Neb. Rev. Stat. § 44-7523 — NE Code / Chapter 44 / Section 44-7523
View Statute 44-7523
Status: in_force

Filings by an advisory organization of prospective loss costs, rating systems or policy forms and related attachment rules shall be subject to the provisions of the Property and Casualty Insurance Rate and Form Act applicable to filings generally. Rating system filings by an advisory organization shall be subject to the provisions of sections 44-7510 and 44-7511 .

Laws 2000, LB 1119, § 23.
Neb. Rev. Stat. § 69-1007 — NE Code / Chapter 69 / Section 69-1007
View Statute 69-1007
Status: in_force

Every failure, neglect or refusal to comply with the provisions of section 69-1006 shall constitute a separate violation of such section, and for each separate offense the purchaser may be guilty of a Class V misdemeanor.

Laws 1967, c. 414, § 7, p. 1281;

Laws 1977, LB 39, § 131.
Neb. Rev. Stat. § 31-408 — NE Code / Chapter 31 / Section 31-408
View Statute 31-408
Status: in_force

If a majority of the votes cast at the election shall be in favor of the formation of the district it shall be conclusive that the formation of the district, and the work that may be done under the supervision of the board of directors, will be for the public health, convenience and welfare. The county clerk shall thereupon file and preserve in his office all of the ballots, and record in his office all other records and proceedings in the matter, and the district shall thereupon be fully organized. If the district is in more than one county, the county clerk of the county in which the greater portion of the land in such district is situated, shall thereupon make a certified transcript of all record proceedings, and the board of directors of such district shall cause the transcript to be recorded in the office of the county clerk of each other county having land in the district.

Laws 1907, c. 153, § 8, p. 478;

R.S.1913, § 1873;

C.S.1922, § 1820;

Laws 1925, c. 87, § 3, p. 266;

C.S.1929, § 31-508;

R.S.1943, § 31-408.
Neb. Rev. Stat. § 3-130 — NE Code / Chapter 3 / Section 3-130
View Statute 3-130
Status: in_force

The provisions of section 3-129 shall not apply to:

(1) An aircraft which has been licensed by a foreign country with which the United States has a reciprocal agreement covering the operations of such licensed aircraft;

(2) An airman operating military or public aircraft or any aircraft licensed by a foreign country with which the United States has a reciprocal agreement covering the operation of such licensed aircraft;

(3) Persons operating model aircraft or to any person piloting an aircraft which is equipped with fully functioning dual controls when a licensed instructor is in full charge of one set of said controls and such flight is solely for instruction or for the demonstration of said aircraft to a bona fide prospective purchaser;

(4) A nonresident operating aircraft in this state who is lawfully entitled to operate aircraft in the state of residence; or

(5) An airman while operating or taking part in the operation of an aircraft engaged principally in commercial flying constituting an act of interstate or foreign commerce.

Laws 1945, c. 5, § 9(3), p. 92;

Laws 1973, LB 341, § 3.
Neb. Rev. Stat. § 21-1940 — NE Code / Chapter 21 / Section 21-1940
View Statute 21-1940
Status: in_force

A corporation is not required to have members.

Laws 1996, LB 681, § 40.
Neb. Rev. Stat. § 21-1936 — NE Code / Chapter 21 / Section 21-1936
View Statute 21-1936
Status: in_force

(a) A registered agent may resign as the registered agent by signing and delivering to the Secretary of State the original and two exact or conformed copies of a statement of resignation. The statement may include a statement that the registered office is also discontinued.

(b) After filing the statement the Secretary of State shall mail one copy to the registered office (if not discontinued) and the other copy to the corporation at its principal office as shown in the most recent biennial report filed pursuant to section 21-19,172 .

(c) The agency appointment is terminated, and the registered office discontinued if so provided, on the thirty-first day after the date on which the statement was filed.

Laws 1996, LB 681, § 36.
Neb. Rev. Stat. § 8-349 — NE Code / Chapter 8 / Section 8-349
View Statute 8-349
Status: in_force

When any savings and loan association or building and loan association organized under the laws of this state shall, by its duly qualified officers and board of directors, propose to consolidate or merge with any other savings and loan association or building and loan association or associations, each such association shall present the proposed plan of consolidation or merger, together with a statement of the condition of the affairs of such association to the Department of Banking and Finance for its approval. Should the plan be approved by the department, the same shall be submitted to a regular or special meeting of the shareholders of each such association; and notice of such meeting shall be given as the department may direct. Such plan for consolidation or merger may include and provide for a reduction in the capital stock of the association or associations and of the nominal or book value of the shares, thereof, for the issuance of new certificates in lieu thereof, and for the distribution of any part of the assets of such association among its shareholders. If, at such meeting of the shareholders of any such association, not less than one-third of the shareholders vote affirmatively, either in person or by proxy, to adopt the proposed plan, as the same is approved and submitted by the Department of Banking and Finance, the department shall, upon notice of the favorable result of the shareholders meeting, direct each of such associations to put into effect the plan of consolidation or merger so approved; and such plan shall be in force and effect from and after the date of such order; Provided, that such consolidation or merger shall not be approved and put into effect unless approved by a majority of those voting on the consolidation or merger. There is hereby vested in the Department of Banking and Finance full power and authority to issue and enforce such orders having to do with carrying out of the plan of consolidation or merger adopted as shall be necessary and requisite for the protection of the shareholders, and distribution of the assets of the associations involved in the consolidation or merger.

Laws 1937, c. 21, § 1, p. 132;

C.S.Supp.,1941, § 8-335;

R.S.1943, § 8-349;

Laws 1969, c. 40, § 1, p. 248.
Neb. Rev. Stat. § 19-4635 — NE Code / Chapter 19 / Section 19-4635
View Statute 19-4635
Status: in_force

(1) Upon the determination and filing of a finding of the value of the gas system by the court of condemnation, the city shall have the right and power, by resolution adopted by a majority of the members of its governing body, to elect to abandon the proceedings to acquire the gas system by the exercise of the power of eminent domain.

(2) If the city (a) does not elect to abandon within ninety days after the finding and filing of value or (b) formally notifies the utility by United States registered mail with signature confirmation that its governing body has voted to proceed with the condemnation, the utility owning the gas system may appeal from the finding of value and award by the court of condemnation to the district court.

(3) The appeal shall be made by filing with the city clerk within twenty days after (a) the expiration of the time given the city to exercise its rights of abandonment or (b) the date of the receipt of the notice of the city's intent to proceed with condemnation, a bond to be approved by the court of condemnation, conditioned for the payment of all costs which may be made on any appeal, and by filing in the district court, within ninety days after such bond is filed, a transcript of the proceedings before the court of condemnation, including the evidence taken before it, certified by the clerk, reporter, and judges of the court of condemnation. The appeal in the district court shall be tried and determined upon the pleadings, proceedings, and evidence in the transcript.

(4) Notwithstanding the provisions of subsection (1) of this section, the city may abandon the proceedings to acquire the gas system by the exercise of the power of eminent domain at any time prior to taking physical possession of the gas system.

Laws 2002, LB 384, § 12.
Neb. Rev. Stat. § 70-664 — NE Code / Chapter 70 / Section 70-664
View Statute 70-664
Status: in_force

Unless it shall appear affirmatively that the adoption of such proposed amendment will be contrary to the best interests of such district, or that it will jeopardize and impair the rights of the creditors of such districts, or of other persons, the Nebraska Power Review Board shall issue in duplicate a certificate of approval of such proposed amendment, and cause one copy to be filed in the office of the Secretary of State of the State of Nebraska and one copy to be filed in the office of the county clerk of the county in which is located the principal place of business of the district.

Laws 1937, c. 152, § 9, p. 589;

C.S.Supp.,1941, § 70-717;

R.S.1943, § 70-664;

Laws 1981, LB 181, § 29.
Neb. Rev. Stat. § 14-2115 — NE Code / Chapter 14 / Section 14-2115
14-2115
Status: in_force

(1) A metropolitan utilities district shall operate and account for each of its several utilities separately and, as to each separate utility, shall possess all powers granted on behalf of that utility or on behalf of any other utility being operated by such district, or granted generally to such district, and all such powers are hereby declared to be cumulative, though separate, as to each utility, except that limitations or restrictions which by their nature or intent are applicable only to a utility of one type shall not apply to other different utilities. The financial obligations of each utility shall be separate and independent from the financial obligations of any other utility.

(2) A metropolitan utilities district shall keep all funds, accounts, and obligations relating to any one utility under its management separate and independent from the funds and accounts of each other utility under its management. The cost of any consolidated operation shall be allocated to the various utilities upon some reasonable basis which is open to investigation, comment, or protest by members of the public. Such allocation methodologies shall be determined by the board of directors and shall provide for the allocation of costs and expenses in a manner that accurately reflects the actual cost of service for each utility under the management of the board, except that for purposes of this section, the collection of sewer use fees for cities of the metropolitan class shall not be considered as a utility. The district shall have separate power to provide for the cost of operation, maintenance, depreciation, extension, construction, and improvement of any utility under its management, applying thereto standard accounting principles.

(3) A metropolitan utilities district shall not discount its water rates or connection fees to any customer in order to obtain an agreement to provide natural gas service to any customer.

(4) A metropolitan utilities district shall not delay or condition in any manner the installation of water service or other agreements related to water service to the purchase of natural gas service from the district.

(5) The Auditor of Public Accounts shall have the authority to initiate an audit or to take any action necessary to ensure compliance with this section.

Laws 1921, c. 111, § 2, p. 391;

C.S.1922, § 3776;

C.S.1929, § 14-1102;

R.S.1943, § 14-1102;

Laws 1947, c. 20, § 1, p. 107;

R.S.1943, (1991), § 14-1102;

Laws 1992, LB 746, § 15;

Laws 1999, LB 78, § 1.

Power to convey property of metropolitan water district has been transferred to the metropolitan utilities district. Lynch v. Metropolitan Utilities Dist., 192 Neb. 17, 218 N.W.2d 546 (1974).

Power to convey property of metropolitan water district has been transferred to the metropolitan utilities district. Lynch v. Metropolitan Utilities Dist., 192 Neb. 17, 218 N.W.2d 546 (1974).
Neb. Rev. Stat. § 2-1503.01 — NE Code / Chapter 2 / Section 2-1503.01
View Statute 2-1503.01
Status: in_force

The Small Watersheds Flood Control Fund is created. The State Treasurer shall credit to the fund such money as is specifically appropriated during any session of the Legislature. The State Treasurer shall also credit such fund with money contributed to or remitted by local organizations which was obtained through the sale or lease of property procured through the use of state funds as authorized in sections 2-1502 to 2-1503.03 . In addition, funds, services, and properties made available by the United States or one of its departments or agencies may be credited to the fund. The money in the fund shall not be subject to fiscal year or biennium limitations. Transfers may be made from the fund to the General Fund at the direction of the Legislature. Any money in the Small Watersheds Flood Control Fund available for investment shall be invested by the state investment officer pursuant to the Nebraska Capital Expansion Act and the Nebraska State Funds Investment Act.

Laws 1963, c. 8, § 3, p. 74;

Laws 1969, c. 584, § 26, p. 2357;

Laws 1986, LB 258, § 2;

Laws 1995, LB 7, § 5;

Laws 2000, LB 900, § 19;

Laws 2009, First Spec. Sess., LB3, § 2.

Nebraska Capital Expansion Act, see section 72-1269 .

Nebraska State Funds Investment Act, see section 72-1260 .
Neb. Rev. Stat. § 38-2867 — NE Code / Chapter 71 / Section 38-2867
38-2867
Status: in_force

(1) Except as provided for pharmacy technicians in sections 38-2890 to 38-2897 , for persons described in subdivision (10) or (11) of section 38-2850 , and for individuals authorized to dispense under a delegated dispensing permit, no person other than a licensed pharmacist, a pharmacist intern, or a practitioner with a pharmacy license shall provide pharmaceutical care, compound and dispense drugs or devices, or dispense pursuant to a medical order. Notwithstanding any other provision of law to the contrary, a pharmacist or pharmacist intern may dispense drugs or devices pursuant to a medical order of a practitioner authorized to prescribe in another state if such practitioner could be authorized to prescribe such drugs or devices in this state.

(2) Except as provided for pharmacy technicians in sections 38-2890 to 38-2897 , for persons described in subdivision (10) or (11) of section 38-2850 , and for individuals authorized to dispense under a delegated dispensing permit, it shall be unlawful for any person to permit or direct a person who is not a pharmacist intern, a licensed pharmacist, or a practitioner with a pharmacy license to provide pharmaceutical care, compound and dispense drugs or devices, or dispense pursuant to a medical order.

(3) It shall be unlawful for any person to coerce or attempt to coerce a pharmacist to enter into a delegated dispensing agreement or to supervise any pharmacy technician for any purpose or in any manner contrary to the professional judgment of the pharmacist. Violation of this subsection by a health care professional regulated pursuant to the Uniform Credentialing Act shall be considered an act of unprofessional conduct. A violation of this subsection by a facility shall be prima facie evidence in an action against the license of the facility pursuant to the Health Care Facility Licensure Act. Any pharmacist subjected to coercion or attempted coercion pursuant to this subsection has a cause of action against the person and may recover his or her damages and reasonable attorney's fees.

(4) Violation of this section by an unlicensed person shall be a Class III misdemeanor.

Laws 1927, c. 167, § 127, p. 493;

C.S.1929, § 71-1808;

R.S.1943, § 71-1,147;

Laws 1961, c. 339, § 3, p. 1063;

Laws 1971, LB 350, § 5;

Laws 1983, LB 476, § 15;

Laws 1993, LB 536, § 50;

Laws 1994, LB 900, § 4;

Laws 1996, LB 1108, § 16;

Laws 1999, LB 594, § 44;

Laws 2001, LB 398, § 34;

R.S.1943, (2003), § 71-1,147;

Laws 2007, LB236, § 30;

Laws 2007, LB247, § 81;

Laws 2007, LB463, § 963;

Laws 2009, LB604, § 8;

Laws 2010, LB849, § 11;

Laws 2015, LB37, § 44.

Health Care Facility Licensure Act, see section 71-401 .
Neb. Rev. Stat. § 38-1218 — NE Code / Chapter 38 / Section 38-1218
View Statute 38-1218
Status: in_force

(1) The board may approve curricula for the licensure classifications listed in the Emergency Medical Services Practice Act.

(2) The department and the board shall consider the following factors, in addition to other factors required or permitted by the Emergency Medical Services Practice Act, when adopting rules and regulations for a licensure classification:

(a) Whether the initial training required for licensure in the classification is sufficient to enable the emergency care provider to perform the practices and procedures authorized for the classification in a manner which is beneficial to the patient and protects public health and safety;

(b) Whether the practices and procedures to be authorized are necessary to the efficient and effective delivery of emergency medical care;

(c) Whether morbidity can be reduced or recovery enhanced by the use of the practices and procedures to be authorized for the classification; and

(d) Whether continuing competency requirements are sufficient to maintain the skills authorized for the classification.

(3) An applicant for licensure for a licensure classification listed in subdivision (1) of section 38-1217 who is a military spouse may apply for a temporary license as provided in section 38-129.01 .

Laws 1997, LB 138, § 8;

Laws 2002, LB 1021, § 88;

R.S.1943, (2003), § 71-5179;

Laws 2007, LB463, § 502;

Laws 2009, LB195, § 14;

Laws 2017, LB88, § 49;

Laws 2018, LB1034, § 21;

Laws 2020, LB1002, § 31.