reglab/housing_qa huggingface dataset:
NE Code § 74-1336 (2021)
2021 Nebraska Revised Statutes|Chapter 74 - Railroads|74-1336 - Crossings; complaints; hearing; order; rules and regulations.

74-1336.  Crossings; complaints; hearing; order; rules and regulations.(1) Whenever a complaint is filed in writing with the Department of Transportation by the duly authorized officers of any incorporated village or city or by the owner or operator of any railroad track, relative to any crossing within the affected village or city, praying for relief from the matters complained of, the department shall hold a hearing and shall make such order as the facts warrant. The findings of the department, subject to the right of appeal, shall be binding on the parties to the suit.(2) The department shall adopt and promulgate rules and regulations for the construction, repair, and maintenance of all crossings, both public and private, across, over, and under all railroads within the corporate limits of any incorporated village or city. The rules and regulations shall be substantially the same as the rules and regulations under section 74-1332.Source   Laws 1963, c. 425, art. IV, § 14, p. 1403;   Laws 1994, LB 414, § 89;   R.S.1943, (1996), § 75-414;   Laws 1997, LB 255, § 8;  Laws 2003, LB 259, § 1;  Laws 2017, LB339, § 260.  Annotations The Nebraska Public Service Commission has no authority to order a railroad company to construct a crossing over its railroad at a point within the limits of a city or village where no street has been opened. The Nebraska Public Service Commission does not have jurisdiction over questions of law arising out of contract or title to real estate. Davis-Moore Industrial Park v. Missouri Pacific Railroad Co., 210 Neb. 652, 316 N.W.2d 593 (1982).
NE Code § 74-1337 (2021)
2021 Nebraska Revised Statutes|Chapter 74 - Railroads|74-1337 - Crossings; public; county board; agreement.

74-1337.  Crossings; public; county board; agreement.Whenever railroad tracks cross a public highway at grade, outside of incorporated cities and villages, the owner of the railroad tracks and the county board of the county in which such crossing is located may agree upon any change, alteration, or construction of any crossing as will promote the public convenience or safety, and they may also agree upon the relocation of any highway so as to eliminate such crossings entirely or so as to carry them over or under such railroad and upon the apportionment of the expenses incident to any such change, alteration, relocation, or construction between the owner of the railroad tracks and the county or other public authority in interest.Source   Laws 1963, c. 425, art. IV, § 15, p. 1403;   Laws 1994, LB 414, § 90;   R.S.1943, (1996), § 75-415;   Laws 1997, LB 255, § 9.
NE Code § 74-1338 (2021)
2021 Nebraska Revised Statutes|Chapter 74 - Railroads|74-1338 - Crossings; public; failure of county board and railroad to agree; power of department.

74-1338.  Crossings; public; failure of county board and railroad to agree; power of department.If the owner of the railroad track and the county board or other public authority in interest fail to agree upon any of the matters or things mentioned in section 74-1337, either the owner or the county board or other public authority in interest, in the name of the county or other public authority in interest, may file an application with the Department of Transportation, setting forth such fact together with a statement of the change, alteration, relocation, or construction it wants, the estimated cost thereof, and such other facts as may be relevant and asking the department to enter an order directing that the change, alteration, relocation, or construction be made. The department shall proceed to hear the application in the manner provided by law, and if it finds that the application should be granted, it shall enter an order accordingly, designating in the order what portion of the expense of complying with the order shall be paid by the railroad carrier and what portion shall be paid by the county or other public authority in interest, if any.Source   Laws 1963, c. 425, art. IV, § 16, p. 1404;   Laws 1994, LB 414, § 91;   R.S.1943, (1996), § 75-416;   Laws 1997, LB 255, § 10;  Laws 2017, LB339, § 261.
NE Code § 74-1339 (2021)
2021 Nebraska Revised Statutes|Chapter 74 - Railroads|74-1339 - Crossings; agreement of department; county board or other public authority; powers.

74-1339.  Crossings; agreement of department; county board or other public authority; powers.The county board or other public authority in interest may carry out any such agreement and may establish, vacate, or relocate any public road so as to comply with any such agreement. The procedure shall be that provided by sections 39-1701 to 39-1731, insofar as the same is applicable, but no petition shall be necessary or required.Source   Laws 1963, c. 425, art. IV, § 17, p. 1404;   R.S.1943, (1996), § 75-417;   Laws 1997, LB 255, § 11.
NE Code § 74-1340 (2021)
2021 Nebraska Revised Statutes|Chapter 74 - Railroads|74-1340 - Crossings; department orders; violation; penalty.

74-1340.  Crossings; department orders; violation; penalty.When the owner of railroad tracks fails, neglects, or refuses promptly to comply with any order of the Department of Transportation issued under sections 74-1332 to 74-1339 or fails, refuses, or neglects to comply with such sections after the department has issued an order, the owner shall be guilty of a Class V misdemeanor and shall be fined in any sum not more than one hundred dollars for each such offense. Each week of such neglect, refusal, or failure shall constitute a separate offense.Source   Laws 1963, c. 425, art. IV, § 18, p. 1404;   Laws 1994, LB 414, § 92;   R.S.1943, (1996), § 75-418;   Laws 1997, LB 255, § 12;  Laws 2017, LB339, § 262.
NE Code § 74-1341 (2021)
2021 Nebraska Revised Statutes|Chapter 74 - Railroads|74-1341 - Grade crossing safety; responsibility.

74-1341.  Grade crossing safety; responsibility.The Department of Transportation, which possesses the requisite engineering expertise, highway and rail planning function, and highway safety mission and is the repository for state and federal funding for both rail and highway projects, shall be the agency responsible for grade crossing safety.Source   Laws 1997, LB 255, § 13;  Laws 2017, LB339, § 263.
NE Code § 74-1342 (2021)
2021 Nebraska Revised Statutes|Chapter 74 - Railroads|74-1342 - Comprehensive public safety program; department; duties.

74-1342.  Comprehensive public safety program; department; duties.(1) The Department of Transportation shall adopt and promulgate rules and regulations establishing a comprehensive public safety program to deal with problems associated with public and private highway-rail grade crossings. In designing such a program, the department shall establish a process for assessing the risk to the public from particular grade crossings and for reducing or eliminating such risk in a cost-effective and timely manner. The department shall actively solicit input from the public and from representatives of county and municipal governments, the Federal Highway Administration, the Federal Railroad Administration, and any other individuals or entities with an interest in grade crossing safety.(2) The grade crossing safety assessment process may include the following factors:(a) Volume of trains;(b) Volume of motor vehicles, including character, function, and type of vehicular traffic through the crossing;(c) Number of tracks at the crossing;(d) Geometry of the crossing, including acute angles;(e) Sight-distance restrictions, if any;(f) Train and motor vehicle speed;(g) Accident history;(h) Character of proximate road network, including distance and travel time to adjacent crossings;(i) Frequency and duration of roadway blockage by trains, including citation history;(j) Emergency response routes, including alternatives;(k) Economic impact of crossing;(l) Current and foreseeable development in the vicinity of the crossing; and(m) Location of schools and hospitals.Source   Laws 1997, LB 255, § 14;  Laws 2017, LB339, § 264.
NE Code § 74-1343 (2021)
2021 Nebraska Revised Statutes|Chapter 74 - Railroads|74-1343 - Assessment process; recommendations; department; duties.

74-1343.  Assessment process; recommendations; department; duties.The Department of Transportation shall establish the grade crossing safety assessment process no later than twelve months after September 13, 1997, and shall recommend to the Legislature no later than eighteen months after September 13, 1997, an equitable formula for funding grade crossing risk abatement.Source   Laws 1997, LB 255, § 15;  Laws 2017, LB339, § 265.
NE Code § 74-1421 (2021)
2021 Nebraska Revised Statutes|Chapter 74 - Railroads|74-1421 - Transferred to section 74-1415.01.

74-1421.  Transferred to section 74-1415.01.
NE Code § 74-1422 (2021)
2021 Nebraska Revised Statutes|Chapter 74 - Railroads|74-1422 - Transferred to section 74-1420.02.

74-1422.  Transferred to section 74-1420.02.
NE Code § 74-1427 (2021)
2021 Nebraska Revised Statutes|Chapter 74 - Railroads|74-1427 - Political subdivision; expend local tax funds; election; procedure.

74-1427.  Political subdivision; expend local tax funds; election; procedure.(1) If the governing body of a political subdivision determines that it is necessary or beneficial for the vitality of such political subdivision to expend local tax funds for rehabilitation or improvement of a light-density rail line or rail facility construction, including the issuance of bonds, the governing body shall by resolution place the proposition for such expenditure or bond issue on the general or primary election ballot or in odd-numbered years only call for a special election in such political subdivision for the purpose of approving such expenditure of local tax funds.(2) The resolution calling for the election and the election notice shall show the proposed purpose for which such local tax funds will be expended and the amount of money sought.(3) Notice of the election shall state the date the election is to be held and the hours the polls will be open. Such notice shall be published in a newspaper that is published in or of general circulation in such political subdivision at least once each week for three weeks prior to such election. If no such newspaper exists, notice shall be posted in at least three public places in the political subdivision for at least three weeks prior to such election.(4) The proposition appearing on the ballot in any election shall state the purpose for which such local tax funds will be spent, the amount of local tax funds to be so expended, and the source from which the revenue will be raised. Such proposition shall be adopted if approved by a majority of those voting in such election.(5) If a special election is called, the governing body shall prescribe the form of the ballot to be used.(6) For purposes of this section:(a) Facility means the track, ties, roadbed, and related structures, including terminals, team tracks and appurtenances, bridges, tunnels, and other structures used or usable for rail service operations;(b) Light-density rail line means any rail line classified as a light-density line by the United States Department of Transportation;(c) Rail facility construction means the construction of rail or rail-related facilities, including new connections between two or more existing lines, intermodal freight terminals, sidings, and relocation of existing lines, for the purpose of improving the quality and efficiency of rail freight service; and(d) Rehabilitation or improvement means replacing, repairing, or upgrading, to the extent necessary to permit adequate and efficient rail freight service, facilities needed to provide service on a rail line.Source   Laws 1980, LB 507, § 27;   Laws 1991, LB 783, § 28;   Laws 1996, LB 463, § 30;  Laws 2011, LB259, § 3.
NE Code § 75-101 (2021)
2021 Nebraska Revised Statutes|Chapter 75 - Public Service Commission|75-101 - Public Service Commission; members; qualifications; terms, defined.

75-101.  Public Service Commission; members; qualifications; terms, defined.(1) The members of the Public Service Commission shall be resident citizens of this state, registered voters, and, if members of or practitioners in any profession, in good standing according to the established standards of such profession. The members of the Public Service Commission shall be elected as provided in section 32-509. A candidate for the office of public service commissioner shall be a resident of the district from which he or she seeks election. Each public service commissioner shall be a resident of the district from which he or she is elected. Removal from the district shall cause a vacancy in the office of public service commissioner for the unexpired term.(2) No person shall be eligible to the office of public service commissioner who is directly or indirectly interested in any common carrier or jurisdictional utility in the state or out of it or who is in any way or manner pecuniarily interested in any common carrier subject to Chapter 75 or 86. If any commissioner becomes so interested after election or appointment, his or her office shall become vacant, except that if any commissioner becomes so interested otherwise than voluntarily, he or she shall, within a reasonable time, divest himself or herself of such interest, and failing to do so, his or her office shall become vacant.(3) A commissioner shall not hold any other office under the government of the United States, of this state, or of any other state and shall not, while such commissioner, engage in any other occupation.For purposes of Chapter 75:(a) Commission, when referring to a state agency, means the Public Service Commission; and(b) Commissioner means a member of the commission.Source   Laws 1963, c. 425, art. I, § 1, p. 1354;   Laws 1967, c. 476, § 1, p. 1472;   Laws 1984, LB 623, § 14;   Laws 1994, LB 76, § 587;   Laws 1994, LB 414, § 26;  Laws 2002, LB 1105, § 481;  Laws 2003, LB 790, § 60.  Annotations  Subsections (1) and (2) of this section set out the eligibility requirements to hold the office of commissioner. Subsection (3) sets out restrictions upon those who hold that office: They may not hold another office or engage in another occupation while holding the office of commissioner. Rosberg v. Vap, 284 Neb. 104, 815 N.W.2d 867 (2012). Under subsection (1), a person is eligible to be a commissioner if he or she is in good standing in any profession of which he or she is a member or practitioner—outside of the duties imposed upon a commissioner while holding office. Rosberg v. Vap, 284 Neb. 104, 815 N.W.2d 867 (2012).
NE Code § 75-101.01 (2021)
2021 Nebraska Revised Statutes|Chapter 75 - Public Service Commission|75-101.01 - Public Service Commission; districts; numbers; boundaries; established by maps; Clerk of Legislature; Secretary of State; duties.

75-101.01.  Public Service Commission; districts; numbers; boundaries; established by maps; Clerk of Legislature; Secretary of State; duties.(1) Based on the 2020 Census of Population by the United States Department of Commerce, Bureau of the Census, the State of Nebraska is hereby divided into five public service commissioner districts, and each public service commissioner district shall be entitled to one member.(2) The numbers and boundaries of the districts are designated and established by maps identified and labeled as maps PSC21-39001, PSC21-39001-1, PSC21-39001-2, PSC21-39001-3, PSC21-39001-4, and PSC21-39001-5, filed with the Clerk of the Legislature, and incorporated by reference as part of Laws 2021, LB5, One Hundred Seventh Legislature, First Special Session.(3)(a) The Clerk of the Legislature shall transfer possession of the maps referred to in subsection (2) of this section to the Secretary of State on October 1, 2021.(b) When questions of interpretation of district boundaries arise, the maps referred to in subsection (2) of this section in possession of the Secretary of State shall serve as the indication of the legislative intent in drawing the district boundaries.(c) Each election commissioner or county clerk shall obtain copies of the maps referred to in subsection (2) of this section for the election commissioner's or clerk's county from the Secretary of State.(d) The Secretary of State shall also have available for viewing on his or her website the maps referred to in subsection (2) of this section identifying the boundaries for the districts.Source   Laws 1963, c. 174, § 1, p. 596;   Laws 1971, LB 955, § 1;   Laws 1981, LB 551, § 1;   R.S.1943, (1987), § 5-107;   Laws 1991, LB 618, § 1;  Laws 2001, LB 855, § 2;  Laws 2011, LB700, § 1;  Laws 2021, First Spec. Sess., LB5, § 1.   Effective Date: October 1, 2021
NE Code § 75-101.02 (2021)
2021 Nebraska Revised Statutes|Chapter 75 - Public Service Commission|75-101.02 - Public Service Commission; districts; population figures and maps; basis.

75-101.02.  Public Service Commission; districts; population figures and maps; basis.For purposes of section 75-101.01, the Legislature adopts the official population figures and maps from the 2020 Census Redistricting (Public Law 94-171) TIGER/Line Shapefiles published by the United States Department of Commerce, Bureau of the Census.Source   Laws 1971, LB 955, § 2;   Laws 1981, LB 551, § 2;   R.S.1943, (1987), § 5-107.01;   Laws 1991, LB 618, § 2;  Laws 2001, LB 855, § 3;  Laws 2011, LB700, § 2;  Laws 2021, First Spec. Sess., LB5, § 2.   Effective Date: October 1, 2021
NE Code § 75-102 (2021)
2021 Nebraska Revised Statutes|Chapter 75 - Public Service Commission|75-102 - Commissioners; official oath.

75-102.  Commissioners; official oath.Before entering upon the duties of office, each of the commissioners shall take and subscribe to the oath of office prescribed in the Constitution of Nebraska and shall, in addition thereto, swear that he or she is not directly or indirectly interested in any common carrier or jurisdictional utility, subject to the provisions of Chapter 75, nor in the bonds, stock, mortgages, securities, contracts, or earnings of any such common carrier or jurisdictional utility, and that he or she will, to the best of his or her ability, faithfully and justly execute and enforce the duties devolving upon him or her as such commissioner, which oath shall be filed with the Secretary of State.Source   Laws 1963, c. 425, art. I, § 2, p. 1355;  Laws 2003, LB 790, § 61.
NE Code § 75-103 (2021)
2021 Nebraska Revised Statutes|Chapter 75 - Public Service Commission|75-103 - Vacancies; appointment.

75-103.  Vacancies; appointment.The Governor shall fill all vacancies in the office of commissioner by appointment, and a person so appointed shall fill such office for the unexpired term.Source  Laws 1963, c. 425, art. I, § 3, p. 1355.
NE Code § 75-104 (2021)
2021 Nebraska Revised Statutes|Chapter 75 - Public Service Commission|75-104 - Commissioners; salary; commissioners and employees; expenses; when allowed.

75-104.  Commissioners; salary; commissioners and employees; expenses; when allowed.(1) Until January 4, 2007, the annual salary of each commissioner shall be fifty thousand dollars. Commencing January 4, 2007, the annual salary of each commissioner shall be seventy-five thousand dollars.(2) Each commissioner shall be entitled to receive from the state his or her mileage expenses incurred while traveling in the line of duty to and from his or her residence to the office of the Public Service Commission in Lincoln pursuant to the following conditions:(a) The Public Service Commission has adopted and promulgated rules and regulations establishing guidelines for allowable reimbursement of such mileage expenses, except that such mileage rate shall not exceed the mileage rate established by the Department of Administrative Services pursuant to section 81-1176;(b) The request for such reimbursement falls within such guidelines; and(c) The total amounts authorized for such reimbursement of mileage expenses in any fiscal year does not cause the total expenses to exceed the total funds appropriated to the program established for commissioners' expenses. In addition thereto, the commissioners, executive director, clerks, and other employees of the commission shall be reimbursed for expenses, including the cost of transportation while traveling on the business of the commission, to be paid in the same manner as other requests for payment or reimbursement from the state. In computing the cost of transportation for the commissioners, executive director, clerks, and other employees, no mileage or other traveling expense shall be requested or allowed unless sections 81-1174 to 81-1177 are strictly complied with.Source   Laws 1963, c. 425, art. I, § 4, p. 1355;   Laws 1967, c. 477, § 1, p. 1473;   Laws 1969, c. 603, § 1, p. 2464;   Laws 1972, LB 1389, § 1;   Laws 1975, LB 311, § 1;   Laws 1980, LB 872, § 1;   Laws 1984, LB 826, § 2;   Laws 1986, LB 43, § 3;   Laws 1988, LB 864, § 11;   Laws 1990, LB 503, § 1;   Laws 1994, LB 414, § 27;   Laws 1994, LB 872, § 16;   Laws 1995, LB 16, § 1;  Laws 2000, LB 956, § 1;  Laws 2006, LB 817, § 1;  Laws 2020, LB381, § 82.
NE Code § 75-104.01 (2021)
2021 Nebraska Revised Statutes|Chapter 75 - Public Service Commission|75-104.01 - Commissioner; salary increase; when effective.

75-104.01.  Commissioner; salary increase; when effective.Section 75-104 shall be so interpreted as to effectuate its general purpose, to provide, in the public interest, adequate compensation as therein provided for public service commissioners, and to permit a change in such salaries as soon as the same may become operative under the Constitution of the State of Nebraska.Source  Laws 1967, c. 477, § 2, p. 1474.
NE Code § 75-105 (2021)
2021 Nebraska Revised Statutes|Chapter 75 - Public Service Commission|75-105 - Seal; office; employees.

75-105.  Seal; office; employees.The commissioners shall be known collectively as the Public Service Commission and shall have a seal, which may be either an engraved or ink stamp seal, similar to the seal of this state, with the words Public Service Commission of Nebraska included thereon. They shall be furnished with offices and with necessary furniture, stationery, and supplies. Immediately after a newly elected member of the commission has taken the oath of office prescribed in section 75-102, the commission shall meet at Lincoln and organize. The commission shall also appoint employees as may be necessary to perform the duties which may be required of the commission.Source   Laws 1963, c. 425, art. I, § 5, p. 1356;   Laws 1971, LB 653, § 7;   Laws 1994, LB 414, § 28.
NE Code § 75-106 (2021)
2021 Nebraska Revised Statutes|Chapter 75 - Public Service Commission|75-106 - Executive director; qualifications; salary; duties; fees for transcripts.

75-106.  Executive director; qualifications; salary; duties; fees for transcripts.Any person who is eligible to hold the office of commissioner shall also be eligible to hold the office of executive director. The salary of the executive director shall be fixed by the commission, payable monthly. The executive director shall take the same oath as the commissioners. The executive director shall keep full and correct minutes of all transactions and proceedings of the commission, and it shall be his or her duty to, upon request and being paid the lawful fees therefor, furnish a transcript, duly authenticated by the commission, of any public record of the commission and to perform such duties as may be required by the commission. The executive director shall charge such fees for furnishing a transcript as are allowed by law on appeal from the district court to the Court of Appeals and shall turn such fees into the fund provided for the expenses of the commission.Source   Laws 1963, c. 425, art. I, § 6, p. 1356;   Laws 1965, c. 445, § 1, p. 1414;   Laws 1967, c. 478, § 1, p. 1474;   Laws 1991, LB 732, § 128;   Laws 1994, LB 414, § 29.