FrankGoortani/open-us-law huggingface dataset:
Neb. Rev. Stat. § 29-3528 — NE Code / Chapter 29 / Section 29-3528
View Statute 29-3528
Status: in_force

Whenever any officer or employee of the state, its agencies, or its political subdivisions, or whenever any state agency or any political subdivision or its agencies fails to comply with the requirements of sections 29-209 , 29-210 , 29-3501 to 29-3528 , and 81-1423 or of regulations lawfully adopted to implement sections 29-209 , 29-210 , 29-3501 to 29-3528 , and 81-1423 , any person aggrieved may bring an action, including but not limited to an action for mandamus, to compel compliance and such action may be brought in the district court of any district in which the records involved are located or in the district court of Lancaster County. The commission may request the Attorney General to bring such action.

Laws 1978, LB 713, § 31.

This section does not either expressly or by overwhelming implication waive sovereign immunity for actions brought against a state agency seeking compliance with the Criminal History Information Act. State ex rel. Rhiley v. Nebraska State Patrol, 301 Neb. 241, 917 N.W.2d 903 (2018).

This section does not either expressly or by overwhelming implication waive sovereign immunity for actions brought against a state agency seeking compliance with the Criminal History Information Act. State ex rel. Rhiley v. Nebraska State Patrol, 301 Neb. 241, 917 N.W.2d 903 (2018).

This section authorizes an aggrieved individual to bring an action, not to file a motion in the criminal case the record of which he or she seeks to seal pursuant to section 29-3523. An "action" is a distinct and separate court proceeding, governed by separate pleadings and requiring separate process. State v. Coble, 299 Neb. 434, 908 N.W.2d 646 (2018).

This section authorizes an aggrieved individual to bring an action, not to file a motion in the criminal case the record of which he or she seeks to seal pursuant to section 29-3523. An "action" is a distinct and separate court proceeding, governed by separate pleadings and requiring separate process. State v. Coble, 299 Neb. 434, 908 N.W.2d 646 (2018).

This section provides a procedure for enforcing the privacy protections of the Security, Privacy, and Dissemination of Criminal History Information Act (including section 29-3523). State v. Coble, 299 Neb. 434, 908 N.W.2d 646 (2018).

This section provides a procedure for enforcing the privacy protections of the Security, Privacy, and Dissemination of Criminal History Information Act (including section 29-3523). State v. Coble, 299 Neb. 434, 908 N.W.2d 646 (2018).
Neb. Rev. Stat. § 9-241.04 — NE Code / Chapter 9 / Section 9-241.04
View Statute 9-241.04
Status: in_force

A premises may be rented or leased by a licensed organization for the purpose of conducting bingo. Such rental or lease agreement shall be in writing and may include the rental or lease of personal property, excluding bingo equipment, which is necessary in order to conduct a bingo occasion. Such rental or lease agreement shall be in accordance with the rules and regulations adopted by the department and the following:

(1) Except as provided in section 9-255.06 , the premises must be rented or leased from a licensed commercial lessor;

(2) All bingo occasions shall be conducted only by the organization which holds the rental or lease agreement;

(3) No rental or lease payments shall be based on a percentage of the gross receipts or profits from bingo or on the number of persons attending or playing at any bingo occasion;

(4) No rental or lease agreement for real or personal property shall be in excess of fair market value;

(5) No rental or lease agreement for a premises shall contain any right to use bingo supplies or bingo equipment. A rental or lease agreement for bingo equipment shall be separate and distinct from that for a premises; and

(6) All rental and lease agreements shall be subject to prior approval by the department.

Laws 1994, LB 694, § 41.
Neb. Rev. Stat. § 71-3515 — NE Code / Chapter 71 / Section 71-3515
View Statute 71-3515
Status: in_force

It shall be unlawful for any person to use, manufacture, produce, distribute, sell, transport, transfer, install, repair, receive, acquire, own, or possess any source of radiation unless registered with or licensed by the department as required by the Medical Radiography Practice Act or section 71-3505 , 71-3507 , or 71-3509 .

Laws 1963, c. 406, § 15, p. 1306;

Laws 1975, LB 157, § 13;

Laws 1978, LB 814, § 7;

Laws 1984, LB 716, § 5;

Laws 1987, LB 390, § 18;

Laws 2007, LB463, § 1213.

Medical Radiography Practice Act, see section 38-1901 .
Neb. Rev. Stat. § 29-833 — NE Code / Chapter 29 / Section 29-833
View Statute 29-833
Status: in_force

An inspection warrant shall be issued only by a judge of a court of record upon reasonable cause, supported by affidavit describing the place and purpose of inspection. The judge may examine the applicant and other witnesses, on oath, to determine sufficient cause for inspection.

Laws 1969, c. 231, § 4, p. 859.
Neb. Rev. Stat. § 32-1504 — NE Code / Chapter 32 / Section 32-1504
View Statute 32-1504
Status: in_force

Any deputy registrar who is guilty of any willful neglect of his or her duty or of any corrupt or fraudulent conduct or practice in the execution of his or her duty or who willfully neglects or, when called upon, willfully declines to exercise the powers conferred on him or her by sections 32-301 to 32-330 shall be guilty of a Class IV felony.

Laws 1994, LB 76, § 403.
Neb. Rev. Stat. § 54-190 — NE Code / Chapter 54 / Section 54-190
View Statute 54-190
Status: in_force

Tattoo means the conspicuous curvilinear marks or patterns brought about by pricking a pigment coloration into the skin of an animal by using a needle or similar device or the act of marking, coloring, or pricking into the skin of an animal coloring matter or ink which forms an indelible mark or figure.

Laws 1999, LB 778, § 21.
Neb. Rev. Stat. § 32-817 — NE Code / Chapter 32 / Section 32-817
View Statute 32-817
Status: in_force

The names of the candidates shall be set in boldface type using capital and lowercase letters. A square or oval shall be printed opposite the name of each candidate. At the general election, the name of the party represented by a candidate for partisan office shall be printed in capital and lowercase letters next to the name. Proposals submitted by initiative or referendum or for constitutional amendments shall be printed in capital and lowercase letters, but the title heading and number thereof shall be in boldface type, and the square or oval for voting thereon shall be printed opposite the text so that it is clear for which issue the voter is casting a vote. Ballots shall be printed with substantially the same appearance, including type and form, as the sample ballot furnished by the Secretary of State.

Laws 1994, LB 76, § 238;

Laws 2003, LB 358, § 15.
Neb. Rev. Stat. § 59-812 — NE Code / Chapter 59 / Section 59-812
View Statute 59-812
Status: in_force

Any corporation, joint-stock company, limited liability company, or other association which is charged with violating sections 59-801 to 59-831 and any president, director, treasurer, officer, limited liability company member, or agent thereof may be joined as a party in any proceeding, civil or criminal, to enforce such sections.

Laws 1905, c. 162, § 11, p. 640;

R.S.1913, § 4055;

C.S.1922, § 3458;

C.S.1929, § 59-811;

R.S.1943, § 59-812;

Laws 1993, LB 121, § 367;

Laws 1994, LB 884, § 75;

Laws 2002, LB 1278, § 5.
Neb. Rev. Stat. § 28-1212 — NE Code / Chapter 28 / Section 28-1212
View Statute 28-1212
Status: in_force

The presence in a motor vehicle other than a public vehicle of any firearm or instrument referred to in section 28-1203 , 28-1206 , 28-1207 , or 28-1212.03 shall be prima facie evidence that it is in the possession of and is carried by all persons occupying such motor vehicle at the time such firearm or instrument is found, except that this section shall not be applicable if such firearm or instrument is found upon the person of one of the occupants therein.

Laws 1977, LB 38, § 244;

Laws 1991, LB 477, § 3.

Although "prima facie evidence" is found in this section, the content of a statute within the criminal code is not necessarily and always proper information for a jury. State v. Jasper, 237 Neb. 754, 467 N.W.2d 855 (1991).

Although "prima facie evidence" is found in this section, the content of a statute within the criminal code is not necessarily and always proper information for a jury. State v. Jasper, 237 Neb. 754, 467 N.W.2d 855 (1991).
Neb. Rev. Stat. § 16-1036.01 — NE Code / Chapter 16 / Section 16-1036.01
View Statute 16-1036.01
Status: in_force

The city and the retirement committee shall develop a schedule of investment costs relating to the investment of the funds in each of the accounts in the Firefighters Retirement System Fund, which costs shall be paid out of the funds in such accounts or assessed to the firefighters as provided in such schedule. The schedule of investment costs shall provide for the allocation of the administrative or record-keeping costs of the various investment options available to the members of the retirement system and shall assess such costs so that each member pays a fair proportion of the costs based upon his or her choice of options and number of transfers among options. All other costs related to the general operation of the retirement system established pursuant to sections 16-1020 to 16-1038 and not allocated or assessed pursuant to the schedule of investment costs shall be considered administrative costs and shall be paid by the city from the unallocated employer account.

Laws 1992, LB 672, § 29.
Neb. Rev. Stat. § 28-327.05 — NE Code / Chapter 28 / Section 28-327.05
View Statute 28-327.05
Status: in_force

In every civil action brought pursuant to section 28-327.04 , the court shall rule whether the anonymity of any woman upon whom an abortion is performed or attempted shall be preserved from public disclosure if she does not give her consent to such disclosure. The court, upon motion by a party or on its own motion, shall make such a ruling and, upon determining that her anonymity should be preserved, shall issue orders to the parties, witnesses, and counsel and shall direct the sealing of the record and exclusion of individuals from courtrooms or hearing rooms to the extent necessary to safeguard her identity from public disclosure. Each such order shall be accompanied by specific written findings explaining why the anonymity of the woman should be preserved from public disclosure, why the order is essential to that end, how the order is narrowly tailored to serve that interest, and why no reasonable less restrictive alternative exists. In the absence of written consent of the woman upon whom an abortion has been performed or attempted, anyone given standing under section 28-327.04 who brings a civil action under such section shall do so under a pseudonym. This section may not be construed to conceal the identity of the plaintiff or of witnesses from the defendant.

Laws 1993, LB 110, § 7.
Neb. Rev. Stat. § 44-354 — NE Code / Chapter 44 / Section 44-354
View Statute 44-354
Status: in_force

It shall be unlawful for any insurance company, association or society, or for any officer, manager, agent, or other representative thereof, to include in the sum charged or designated in any policy as the consideration for insurance, any fee, compensation, charge, or perquisite whatsoever, not specified in the policy. When collected the same shall be reported as such.

Laws 1913, c. 154, § 69, p. 423;

R.S.1913, § 3205;

Laws 1919, c. 190, tit. V, art. IV, § 39, p. 603;

C.S.1922, § 7804;

C.S.1929, § 44-339;

R.S.1943, § 44-354.

Premium or consideration for insurance should be designated in policy as provided herein. Machurek v. Ohio Nat. Life Ins. Co., 125 Neb. 35, 249 N.W. 81 (1933).

Premium or consideration for insurance should be designated in policy as provided herein. Machurek v. Ohio Nat. Life Ins. Co., 125 Neb. 35, 249 N.W. 81 (1933).
Neb. Rev. Stat. § 70-1414 — NE Code / Chapter 70 / Section 70-1414
View Statute 70-1414
Status: in_force

A joint authority may issue bonds and pledge the revenue, or any portion thereof, derived or to be derived from all or any of its projects, and any additions and improvements to or extensions of such projects, or contributions or advances from or loans to its members to pay for the principal and interest of such bonds. Bonds of a joint authority shall be authorized by resolution adopted by its board of directors. Any bonds so issued shall be subject to the restrictions contained in sections 70-644 to 70-648 .

Laws 1982, LB 852, § 14.
Neb. Rev. Stat. § 20-130 — NE Code / Chapter 20 / Section 20-130
View Statute 20-130
Status: in_force

Each year, the Governor shall take suitable public notice of October 15 as White Cane Safety Day and issue a proclamation:

(1) Commenting upon the significance of the white cane;

(2) Calling upon the citizens of the state to observe the provisions of sections 20-126 to 20-131 and to take precautions necessary to the safety of people with disabilities;

(3) Reminding the citizens of the state of the policies with respect to people with disabilities set forth in sections 20-126 to 20-131 and urging the citizens to cooperate in giving effect to them; and

(4) Emphasizing the need of the citizens to be aware of the presence of people with disabilities in the community and to keep safe and functional for people with disabilities the streets, highways, sidewalks, walkways, public buildings, public facilities, other public places, places of public accommodation, amusement, and resort, and other places to which the public is invited.

Laws 1971, LB 496, § 5;

R.S.Supp.,1971, § 43-637;

Laws 2021, LB540, § 8.
Neb. Rev. Stat. § 44-7605 — NE Code / Chapter 44 / Section 44-7605
View Statute 44-7605
Status: in_force

(1) A multiple employer welfare arrangement seeking to offer a health benefit plan that is not fully insured shall apply for a certificate of registration in a form prescribed by the director. The application shall be completed and submitted to the director together with a one-thousand-dollar fee and the following:

(a) Copies of all articles, bylaws, agreements, and other documents or instruments describing the organizational structure of the applicant;

(b) Copies of all materials and documents describing the rights and obligations of participating employers and covered individuals with respect to the applicant;

(c) A copy of the trust agreement of the applicant;

(d) A copy of the unaudited financial statement required by section 44-7613 ;

(e) A statement showing in full detail the plan for offering a health benefit plan by the applicant;

(f) Copies of all contracts and other instruments proposed to be made, offered, or sold by the applicant to its participating employers, together with a copy of its summary plan description and the proposed advertising matter to be used in the solicitation of participating employers;

(g) A copy of the contract with the third-party administrator retained, if any, to administer the health benefit plan;

(h) A copy of the stop-loss insurance policy required by section 44-7609 ; and

(i) Any other reasonable information requested by the director.

(2) The director shall deny a certificate of registration if the applicant does not meet the requirements of the Multiple Employer Welfare Arrangement Act. Notice of denial shall be in writing and shall set forth the basis for the denial. If the applicant submits a written request for reconsideration within thirty days after the notice was sent by the director, the director shall conduct a hearing on the denial pursuant to the Administrative Procedure Act.

Laws 2002, LB 1139, § 5;

Laws 2020, LB1014, § 4.

Administrative Procedure Act, see section 84-920 .
Neb. Rev. Stat. § 52-2108 — NE Code / Chapter 52 / Section 52-2108
View Statute 52-2108
Status: in_force

(1) Whenever a notice of a commercial real estate broker's lien has been recorded, the record owner of the commercial real estate may have the lien released by depositing funds equal to the full amount stated in the notice of lien plus fifteen percent to be applied towards any lien under section 52-2103 . These funds shall be held in escrow by such person and by such process which may be agreed to by the parties, either in the commission agreement or otherwise, for the payment to the commercial real estate broker or otherwise for resolution for their dispute or, in the absence of any such mutually agreed person or process, the funds may be deposited with the district court by the filing of an interpleader. Upon such deposit of funds by interpleader, the commercial real estate shall be considered released from such lien or claim of lien. Upon written notice to the commercial real estate broker that the funds have been escrowed or an interpleader filed, the commercial real estate broker shall, within ten business days, record in the office of the register of deeds where the notice of commercial real estate broker's lien was filed pursuant to section 52-2103 a document stating that the lien is released and the commercial real estate released by an escrow established pursuant to this section or by interpleader. If the commercial real estate broker fails to file such document, the person holding the funds may sign and file such document and deduct from the escrow the reasonable cost of preparing and filing the document. Upon the filing of such document, the commercial real estate broker shall be deemed to have an equitable lien on the escrow funds pending a resolution of the commercial real estate broker's claim for payment and the funds shall not be paid to any person, except for such payment to the holder of the funds as set forth in this section, until a resolution of the commercial real estate broker's claim for payment has been agreed to by all necessary parties or ordered by a court having jurisdiction.

(2) Except as otherwise provided in this section, whenever a commercial real estate broker's lien has been recorded and an escrow account is established either from the proceeds from the transaction, conveyance, or any other source of funds computed as one hundred fifteen percent of the amount of the claim for lien, then the lien against the commercial real estate shall be extinguished and immediately become a lien on the funds contained in the escrow account. The requirement to establish an escrow account, as provided in this section, shall not be cause for any party to refuse to complete or close the transaction.

Laws 2013, LB3, § 14.
Neb. Rev. Stat. § 32-915.03 — NE Code / Chapter 32 / Section 32-915.03
View Statute 32-915.03
Status: in_force

(1) A registered voter shall fill out a provisional voter identification verification envelope if:

(a)(i) The voter fails to produce valid photographic identification at the polling place; and

(ii) The voter's name appears on the precinct list of registered voters for the polling place or the voter has voted a provisional ballot as provided in section 32-915 ;

(b) The voter fails to produce valid photographic identification at the time of voting early in person at the office of the election commissioner or county clerk; or

(c) The voter has a reasonable impediment preventing the voter from obtaining valid photographic identification or the voter's name appears on the precinct list of registered voters for the polling place with a notation that the voter has a religious objection to being photographed.

(2) Each voter casting a ballot using a provisional voter identification verification envelope shall enclose the ballot in an envelope marked provisional voter identification verification and shall, by signing the certification on the front of the envelope or a separate form attached to the envelope, certify to the following facts:

(a) My name is ............;

(b) I am registered to vote at ............;

(c) I did not present valid photographic identification as required by law or I have a reasonable impediment preventing me from obtaining valid photographic identification;

(d) I am eligible to vote in this election and have not voted and will not vote in this election except by this ballot; and

(e) I acknowledge that my ballot will not be counted if:

(i) I do not present valid photographic identification to my county election office on or before the Tuesday after the election; or

(ii) I have a reasonable impediment that prevents me from obtaining valid photographic identification and:

(A) I do not complete a reasonable impediment certification; or

(B) My county election official cannot verify the signature on my reasonable impediment certification.

(3) The voter shall sign the certification under penalty of election falsification. The following statements shall be on the front of the envelope or on the attached form: By signing the front of this envelope or the attached form you are certifying to the information contained on this envelope or the attached form under penalty of election falsification. Election falsification is a Class IV felony and may be punished by up to two years imprisonment and twelve months post-release supervision, a fine of up to ten thousand dollars, or both.

Laws 2023, LB514, § 10;

Laws 2024, LB287, § 43.
Neb. Rev. Stat. § 37-354 — NE Code / Chapter 37 / Section 37-354
View Statute 37-354
Status: in_force

Property conveyed by the commission pursuant to sections 90-272 to 90-275 and 90-278 shall be operated and maintained as follows:

(1) The property shall be maintained so as to appear attractive and inviting to the public;

(2) Sanitation and sanitary facilities shall be maintained in accordance with applicable health standards;

(3) Properties shall be kept reasonably open, accessible, and safe for public use. Fire prevention and similar activities shall be maintained for proper public safety;

(4) Buildings, roads, trails, and other structures and improvements shall be kept in reasonable repair throughout their estimated lifetime to prevent undue deterioration and to encourage public use; and

(5) The facility shall be kept open for public use at reasonable hours and times of the year, according to the type of area or facility.

The commission shall be responsible for compliance and enforcement of the requirements set forth in this section.

Laws 2010, LB743, § 4;

Laws 2011, LB207, § 2;

Laws 2011, LB563, § 2;

Laws 2012, LB739, § 2.
Neb. Rev. Stat. § 30-4114 — NE Code / Chapter 30 / Section 30-4114
View Statute 30-4114
Status: in_force

(1) Once the Public Guardian is appointed as guardian or conservator, the office shall make a reasonable effort to locate a successor guardian or successor conservator. By June 30 and January 1 of each year, the office shall file an aggregate report with the State Court Administrator describing its efforts to locate a successor guardian or successor conservator.

(2) Upon location of a successor guardian or successor conservator, the office shall file a motion with the court for termination or modification of the guardianship or conservatorship. Availability of a successor guardian or successor conservator shall be deemed a change in the suitability of the office for carrying out its powers and duties under section 30-4105 .

Laws 2014, LB920, § 14.