FrankGoortani/open-us-law huggingface dataset:
Neb. Rev. Stat. § 32-569 — NE Code / Chapter 32 / Section 32-569
View Statute 32-569
Status: in_force

(1)(a) Except as otherwise provided in subsection (2) or (3) of this section or section 32-568 , vacancies in city and village elected offices shall be filled by the mayor and council or board of trustees for the balance of the unexpired term. Notice of a vacancy, except a vacancy resulting from the death of the incumbent, shall be in writing and presented to the council or board of trustees at a regular or special meeting and shall appear as a part of the minutes of such meeting. The council or board of trustees shall at once give public notice of the vacancy by causing to be published in a newspaper of general circulation within the city or village or by posting in three public places in the city or village the office vacated and the length of the unexpired term.

(b) The mayor or chairperson of the board shall call a special meeting of the council or board of trustees or place the issue of filling such vacancy on the agenda at the next regular meeting at which time the mayor or chairperson shall submit the name of a qualified registered voter to fill the vacancy for the balance of the unexpired term. The regular or special meeting shall occur upon the death of the incumbent or within four weeks after the meeting at which such notice of vacancy has been presented. The council or board of trustees shall vote upon such nominee, and if a majority votes in favor of such nominee, the vacancy shall be declared filled. If the nominee fails to receive a majority of the votes, the nomination shall be rejected and the mayor or chairperson shall at the next regular or special meeting submit the name of another qualified registered voter to fill the vacancy. If the subsequent nominee fails to receive a majority of the votes, the mayor or chairperson shall continue at such meeting to submit the names of qualified registered voters in nomination and the council or board of trustees shall continue to vote upon such nominations at such meeting until the vacancy is filled. The mayor shall cast his or her vote for or against the nominee in the case of a tie vote of the council. All council members and trustees present shall cast a ballot for or against the nominee. Any member of the city council or board of trustees who has been appointed to fill a vacancy on the council or board shall have the same rights, including voting, as if such person were elected.

(2) The mayor and council or chairperson and board of trustees may, in lieu of filling a vacancy in a city or village elected office as provided in subsection (1) of this section or subsection (3) of section 32-568 , call a special city election to fill such vacancy.

(3) If vacancies exist in the offices of one-half or more of the members of a city council or village board, the Secretary of State shall conduct a special city election to fill such vacancies. Candidates for such special election shall file a candidate filing form pursuant to section 32-606.01 .

Laws 1994, LB 76, § 165;

Laws 1997, LB 734, § 3;

Laws 2006, LB 1067, § 2;

Laws 2015, LB575, § 14;

Laws 2024, LB287, § 24.
Neb. Rev. Stat. § 66-1610 — NE Code / Chapter 66 / Section 66-1610
View Statute 66-1610
Status: in_force

Odorized propane means propane with odorant added.

Laws 1998, LB 699, § 10.
Neb. Rev. Stat. § 46-1016 — NE Code / Chapter 46 / Section 46-1016
View Statute 46-1016
Status: in_force

The term of office of every member elected to an original board shall be until the date of the annual meeting of the participating members of either the first, second or third year following the year of the incorporation of the district and until their successors are elected and have qualified, and as nearly as possible the terms of an equal number of directors on any such board shall expire on each of such dates. At the annual meeting of each year after the year of the election of the original board members, elections shall be held to elect directors to fill any position on the board, the term of office of which has expired, and any director so elected shall hold office for a term of three years and until his successor is elected and qualified. For the purpose of election of board members and for such other purposes as the bylaws may prescribe, annual meetings of participating members shall be held by each district between January 1 and March 1 of each year following the year of incorporation of such district. The board of directors shall cause notice of the time and place of each annual meeting and the purpose thereof to be mailed to each of its participating members or shall cause such notice to be published in a newspaper of general circulation within the district. Every such notice shall be mailed or published not less than ten nor more than thirty days prior to any such meeting. Each participating member shall be entitled to a single vote, regardless of the number of benefit units to which he has subscribed.

Laws 1967, c. 279, § 16, p. 754.
Neb. Rev. Stat. § 38-612 — NE Code / Chapter 38 / Section 38-612
View Statute 38-612
Status: in_force

The Certified Nurse Midwifery Practice Act shall not prohibit the performance of the functions of a certified nurse midwife by an unlicensed person if performed:

(1) In an emergency situation;

(2) By a legally qualified person from another state employed by the United States Government and performing official duties in this state; or

(3) By a person enrolled in an approved program for the preparation of certified nurse midwives as part of such approved program.

Laws 1984, LB 761, § 28;

R.S.1943, (2003), § 71-1765;

Laws 2007, LB185, § 27;

Laws 2007, LB463, § 224.
Neb. Rev. Stat. § 38-2027 — NE Code / Chapter 38 / Section 38-2027
View Statute 38-2027
Status: in_force

(1) The department, with the recommendation of the board, may waive any requirement for more than one year of approved graduate medical education, as set forth in subdivision (2) of section 38-2026 , if the applicant has served at least one year of graduate medical education approved by the board and if the following conditions are met:

(a) The applicant meets all other qualifications for a license to practice medicine and surgery;

(b) The applicant submits satisfactory proof that the issuance of a license based on the waiver of the requirement of more than one year of approved graduate medical education will not jeopardize the health, safety, and welfare of the citizens of this state; and

(c) The applicant submits proof that he or she will enter into the practice of medicine in a health profession shortage area designated as such by the Nebraska Rural Health Advisory Commission immediately upon obtaining a license to practice medicine and surgery based upon a waiver of the requirement for more than one year of graduate medical education.

(2) A license issued on the basis of such a waiver shall be subject to the limitation that the licensee continue in practice in the health profession shortage area and such other limitations, if any, deemed appropriate under the circumstances by the director, with the recommendation of the board, which may include, but shall not be limited to, supervision by a medical practitioner, training, education, and scope of practice. After two years of practice under a limited license issued on the basis of a waiver of the requirement of more than one year of graduate medical education, a licensee may apply to the department for removal of the limitations. The director, with the recommendation of the board, may grant or deny such application or may continue the license with limitations.

(3) In addition to any other grounds for disciplinary action against the license contained in the Uniform Credentialing Act, the department may take disciplinary action against a license granted on the basis of a waiver of the requirement of more than one year of graduate medical education for violation of the limitations on the license.

Laws 2007, LB463, § 685.
Neb. Rev. Stat. § 21-2318 — NE Code / Chapter 21 / Section 21-2318
View Statute 21-2318
Status: in_force

Sections 21-2301 to 21-2318 shall be known and may be cited as the Nebraska Industrial Development Corporation Act.

Laws 1972, LB 1517, § 19.
Neb. Rev. Stat. § 44-914 — NE Code / Chapter 44 / Section 44-914
View Statute 44-914
Status: in_force

(1) The requirements for initial notice in subdivision (1)(b) of section 44-904 , the opt out in sections 44-907 and 44-910 , and service providers and joint marketing in section 44-913 do not apply if the licensee discloses nonpublic personal financial information as necessary to effect, administer, or enforce a transaction that a consumer requests or authorizes, or in connection with:

(a) Servicing or processing an insurance product or service that a consumer requests or authorizes;

(b) Maintaining or servicing the consumer's account with a licensee, or with another entity as part of a private label credit card program or other extension of credit on behalf of such entity;

(c) A proposed or actual securitization, secondary market sale, including sales of servicing rights, or similar transaction related to a transaction of the consumer; or

(d) Reinsurance or stop-loss or excess-loss insurance.

(2) For purposes of this section, necessary to effect, administer, or enforce a transaction means that the disclosure is:

(a) Required, or is one of the lawful or appropriate methods, to enforce the licensee's rights or the rights of other persons engaged in carrying out the financial transaction or providing the product or service; or

(b) Required, or is an usual, appropriate, or acceptable method:

(i) To carry out the transaction or the product or service business of which the transaction is a part, and record, service, or maintain the consumer's account in the ordinary course of providing the insurance product or service;

(ii) To administer or service benefits or claims relating to the transaction or the product or service business of which it is a part;

(iii) To provide a confirmation, statement, or other record of the transaction, or information on the status or value of the insurance product or service to the consumer or the consumer's agent or broker;

(iv) To accrue or recognize incentives or bonuses associated with the transaction that are provided by a licensee or any other party;

(v) To underwrite insurance at the consumer's request or for any of the following purposes as they relate to a consumer's insurance: Account administration, reporting, investigating or preventing fraud or material misrepresentation, processing premium payments, processing insurance claims, administering insurance benefits, including utilization review activities, participating in research projects, or as otherwise required or specifically permitted by federal or state law; or

(vi) In connection with:

(A) The authorization, settlement, billing, processing, clearing, transferring, reconciling, or collection of amounts charged, debited, or otherwise paid using a debit, credit, or other payment card, check, or account number, or by other payment means;

(B) The transfer of receivables, accounts, or interests therein; or

(C) The audit of debit, credit, or other payment information.

Laws 2001, LB 52, § 14.
Neb. Rev. Stat. § 8-1720 — NE Code / Chapter 8 / Section 8-1720
View Statute 8-1720
Status: in_force

(1) No person shall engage in a trade or business or otherwise act as a commodity merchant unless such person (a) is registered or temporarily licensed with the Commodity Futures Trading Commission for each activity constituting such person as a commodity merchant and such registration or temporary license shall not have expired or been suspended or revoked or (b) is exempt from such registration by virtue of the Commodity Exchange Act or of a CFTC rule.

(2) No board of trade shall trade or provide a place for the trading of any commodity contract or commodity option required to be traded on or subject to the rules of a contract market designated by the Commodity Futures Trading Commission unless such board of trade has been so designated for such commodity contract or commodity option and such designation shall not have been vacated, suspended, or revoked.

Laws 1987, LB 575, § 20.
Neb. Rev. Stat. § 67-444 — NE Code / Chapter 67 / Section 67-444
View Statute 67-444
Status: in_force

(1) Except as otherwise provided in subsection (2) of this section and section 67-418 , after dissolution a partner is liable to the other partners for the partner's share of any partnership liability incurred under section 67-442 .

(2) A partner who, with knowledge of the dissolution, incurs a partnership liability under subdivision (2) of section 67-442 by an act that is not appropriate for winding up the partnership business is liable to the partnership for any damage caused to the partnership arising from the liability.

Laws 1997, LB 523, § 44.
Neb. Rev. Stat. § 21-1728 — NE Code / Chapter 21 / Section 21-1728
View Statute 21-1728
Status: in_force

(1) No person, corporation, limited liability company, partnership, or association other than a credit union organized under the Credit Union Act, the Federal Credit Union Act, or the laws of any other state, or the voluntary association of credit unions, shall use a name or title containing the phrase credit union or any derivation thereof, represent itself as a credit union, or conduct business as a credit union, except that an entity with a pending application for a certificate of approval may use a name or title containing the phrase credit union or any derivative thereof, provided that if the entity's application is withdrawn or denied, the entity shall cease using a name or title containing the phrase credit union or any derivative thereof within thirty days after the withdrawal or denial of the application.

(2) Any violation of this section shall be a Class V misdemeanor.

(3) The director may petition a court of competent jurisdiction to enjoin any violation of this section.

Laws 1996, LB 948, § 28;

Laws 2025, LB251, § 23.
Neb. Rev. Stat. § 25-3308 — NE Code / Chapter 25 / Section 25-3308
View Statute 25-3308
Status: in_force

(1) An application for registration or renewal of registration under section 25-3307 shall be accompanied by either an application for registration fee or a renewal of registration fee, as applicable.

(2) The Secretary of State may, by rule and regulation, establish fees for applications for registration and renewals of registration at rates sufficient to cover the costs of administering the Nonrecourse Civil Litigation Act, in the event any such fees are required. Such fees shall be collected by the Secretary of State and remitted to the State Treasurer for credit to the Secretary of State Cash Fund.

Laws 2010, LB1094, § 8;

Laws 2020, LB910, § 10.
Neb. Rev. Stat. § 17-960 — NE Code / Chapter 17 / Section 17-960
View Statute 17-960
Status: in_force

When any cold storage or refrigeration plant shall have been established under section 17-956 , the municipality shall provide by ordinance for the management thereof and the rates to be charged and the manner of payment for such cold storage or refrigeration plant service to be furnished. In municipalities maintaining a system of waterworks and having a water commissioner, he or she shall have charge of the cold storage or refrigeration plant unless the local governing body shall otherwise provide by the ordinance which shall establish rules and regulations to govern and control such utility.

Laws 1941, c. 24, § 4, p. 119;

C.S.Supp.,1941, § 17-804;

R.S.1943, § 17-960;

Laws 2017, LB133, § 292.
Neb. Rev. Stat. § 32-701 — NE Code / Chapter 32 / Section 32-701
View Statute 32-701
Status: in_force

(1) Each political party which is organized in Nebraska shall file a copy of the party's plan for selecting delegates and alternate delegates to the party's national convention with the Secretary of State on or before December 1 of the calendar year prior to each presidential election year and shall include a summary of the contents of the plan. The delegate selection plan shall:

(a) Require that at least eighty percent of the delegates and alternate delegates are committed to a candidate for President of the United States based on the results of a caucus or the primary election;

(b) Specify whether the delegates and alternate delegates are committed to a candidate for President of the United States based on the results of (i) a caucus system which is open to all Nebraska residents who are affiliated with the party for purposes of registering to vote in Nebraska, (ii) election at the statewide primary election, or (iii) a combination of the methods listed in subdivisions (i) and (ii) of this subdivision;

(c) Specify how the delegates and alternate delegates are committed for purposes of voting for candidates for President of the United States based on the results of the caucus or primary election; and

(d) Provide that the delegates and alternate delegates are either awarded to the winner of the caucus or primary election or awarded proportionally, based on the number of votes received by each presidential candidate at the caucus or primary election, to each presidential candidate who received at least fifteen percent of the votes for the nomination.

(2) When candidates for the office of President of the United States are to be nominated, every registered voter of a political party shall have the opportunity to vote his or her preference on his or her party nominating ballot for his or her choice for one person to be the candidate of his or her political party for President of the United States by writing the name of the person of his or her choice for President in the blank space to be left upon the ballot for such purpose and making a cross or mark in the square or oval opposite the written name or by making a cross or mark in the square or oval opposite the printed name of the person of his or her choice.

Laws 1994, LB 76, § 201;

Laws 2014, LB1048, § 5.

The expression of a preference for President by those voting at primary election does not control presidential electors, and is only morally binding on delegates to national party conventions. State ex rel. Nebraska Rep. State C. Com. v. Wait, 92 Neb. 313, 138 N.W. 159 (1912), 43 L.R.A.N.S. 282 (1912).

The expression of a preference for President by those voting at primary election does not control presidential electors, and is only morally binding on delegates to national party conventions. State ex rel. Nebraska Rep. State C. Com. v. Wait, 92 Neb. 313, 138 N.W. 159 (1912), 43 L.R.A.N.S. 282 (1912).
Neb. Rev. Stat. § 48-1010 — NE Code / Chapter 48 / Section 48-1010
View Statute 48-1010
Status: in_force

The state, governmental agencies, and political subdivisions may be sued upon claims arising under the Age Discrimination in Employment Act in the same manner as provided by such act for suits against other employers.

Laws 1983, LB 424, § 4;

Laws 2007, LB265, § 21.
Neb. Rev. Stat. § 66-1833 — NE Code / Chapter 66 / Section 66-1833
View Statute 66-1833
Status: in_force

The public advocate and his or her employees or agents shall have free access to all files, records, and documents of the commission except:

(1) Personal information in confidential personnel records;

(2) Records which represent the work product of legal counsel of the commission, and records of confidential or privileged communications between the members of the commission and its legal counsel, when the records relate to a proceeding before the commission in which the public advocate is, or is appearing for, a party; and

(3) Records that are designated as confidential pursuant to commission rules and regulations, except as permitted by a nondisclosure agreement between a specified representative of the public advocate and the commission and the person who claims the records at issue are confidential.

Laws 2003, LB 790, § 33.
Neb. Rev. Stat. § 19-611 — NE Code / Chapter 19 / Section 19-611
View Statute 19-611
Status: in_force

The governing body of a city which has adopted the city manager plan of government shall be the city council, which shall exercise all the powers which have been or may be conferred upon the city by the Constitution of Nebraska and laws of the state, except as otherwise provided in the City Manager Plan of Government Act.

Laws 1917, c. 208, § 12, p. 500;

C.S.1922, § 4549;

C.S.1929, § 19-612;

R.S.1943, § 19-611;

Laws 2019, LB193, § 42.
Neb. Rev. Stat. § 49-302 — NE Code / Chapter 49 / Section 49-302
View Statute 49-302
Status: repealed

Whenever a law shall be repealed, which repealed a former law, the former law shall not thereby be revived unless specially provided for.

G.S.1873, c. 79, § 3, p. 1056;

R.S.1913, § 3710;

C.S.1922, § 3098;

C.S.1929, § 49-302;

R.S.1943, § 49-302.

History of the enactment and repeal by the Nebraska Legislature of statutes relative to writ of certiorari in no manner supports the conclusion that the effect thereof is to abolish the writ of prohibition. State ex rel. Wright v. Barney, 133 Neb. 676, 276 N.W. 676 (1937).

History of the enactment and repeal by the Nebraska Legislature of statutes relative to writ of certiorari in no manner supports the conclusion that the effect thereof is to abolish the writ of prohibition. State ex rel. Wright v. Barney, 133 Neb. 676, 276 N.W. 676 (1937).

Act amendatory of unconstitutional act is invalid. City of Plattsmouth v. Murphy, 74 Neb. 749, 105 N.W. 293 (1905).

Act amendatory of unconstitutional act is invalid. City of Plattsmouth v. Murphy, 74 Neb. 749, 105 N.W. 293 (1905).

Repeals by implication are not favored and such construction of a statute repealing another will not be adopted unless made necessary by evident intent of Legislature. Schafer v. Schafer, 71 Neb. 708, 99 N.W. 482 (1904); Dawson County v. Clark, 58 Neb. 756, 79 N.W. 822 (1899).

Repeals by implication are not favored and such construction of a statute repealing another will not be adopted unless made necessary by evident intent of Legislature. Schafer v. Schafer, 71 Neb. 708, 99 N.W. 482 (1904); Dawson County v. Clark, 58 Neb. 756, 79 N.W. 822 (1899).

Where one section refers to another for its powers, provisions referred to become part of section and remain part thereof, although section referred to is repealed. Shull v. Barton, 58 Neb. 741, 79 N.W. 732 (1899).

Where one section refers to another for its powers, provisions referred to become part of section and remain part thereof, although section referred to is repealed. Shull v. Barton, 58 Neb. 741, 79 N.W. 732 (1899).

Abortive attempt to limit operation of existing statute does not change its force. Barker v. Potter, 55 Neb. 25, 75 N.W. 57 (1898).

Abortive attempt to limit operation of existing statute does not change its force. Barker v. Potter, 55 Neb. 25, 75 N.W. 57 (1898).

Legislative act, containing provision repugnant to an existing law, repeals that law by implication. State ex rel. Smythe v. Magney, 52 Neb. 508, 72 N.W. 1006 (1897).

Legislative act, containing provision repugnant to an existing law, repeals that law by implication. State ex rel. Smythe v. Magney, 52 Neb. 508, 72 N.W. 1006 (1897).

Repeal and reenactment, clearly intended to continue uninterrupted operation of old statute, will be so construed. State v. Wish, 15 Neb. 448, 19 N.W. 686 (1884).

Repeal and reenactment, clearly intended to continue uninterrupted operation of old statute, will be so construed. State v. Wish, 15 Neb. 448, 19 N.W. 686 (1884).
Neb. Rev. Stat. § 17-807 — NE Code / Chapter 17 / Section 17-807
View Statute 17-807
Status: in_force

No member of the board of public works of a city of the second class shall ever be financially interested, directly or indirectly, in any contract entered into by the board on behalf of the city for more than ten thousand dollars in one year.

Laws 1935, c. 33, § 5, p. 140;

C.S.Supp.,1941, § 17-705;

R.S.1943, § 17-807;

Laws 1973, LB 24, § 3;

Laws 2017, LB133, § 236.