reglab/statecodes huggingface dataset:
2023 Nebraska Revised Statutes › Chapter 70 - Power Districts and Corporations › 70-505 - Sale, lease, or transfer; documents; filing.

70-505.
Sale, lease, or transfer; documents; filing.
In order to consummate and complete the sale, lease, or transfer of any electric light and power plant, distribution system, or transmission lines by any city, village, or public electric light and power district of this state, to any private person, firm, association, or corporation, there shall be filed in the office of the Nebraska Power Review Board of this state, prior to any delivery or change of possession, control, or management under such sale, lease, or transfer, true and exact duplicate signed copies of all agreements, conveyances, contracts, franchises, deeds, leases, bills of sale, and other instruments, under which such sale, lease, or transfer is to be made. Said instruments shall be certified to under the oath of the executive or presiding officers of the seller and purchaser, respectively, as such true and exact duplicates.
Source
Initiative Law 1930, No. 324, § 5;
Laws 1931, c. 116, § 5, p. 338;
C.S.Supp.,1941, § 70-605;
R.S.1943, § 70-505;
Laws 1981, LB 181, § 2.
2023 Nebraska Revised Statutes › Chapter 70 - Power Districts and Corporations › 70-506 - Sale, lease, or transfer; statement and report; contents; filing.

70-506.
Sale, lease, or transfer; statement and report; contents; filing.
At the same time, and accompanying said documents and instruments of sale and transfer, there shall be filed with the Nebraska Power Review Board a statement and report, in form and detail to be approved by the Nebraska Power Review Board and the Attorney General, clearly setting forth the following facts and data: (1) The location and detailed description, including source and methods of generation, of all the property involved in the sale, lease, or transfer; (2) the dates of the construction, purchase, or other acquisition, by such municipality, or public electric light and power district, of such power plant, distribution system, or transmission lines, including all replacements, extensions, repairs, and betterments, together with a detailed statement of the actual cost; (3) a detailed description of such parts of the utility to be sold as, between the time of acquisition thereof and the time of the sale under consideration, shall have become obsolete, or shall have been sold, transferred, lost, destroyed, abandoned, or otherwise disposed of by such municipality or public electric light and power district, and the cost of such part of the utility, including extensions or additions thereto; and (4) a complete schedule of the rates and charges made or levied by such municipality or public electric light and power district for electric current, and a full and complete statement showing the financial condition and the receipts and disbursements of such municipality or public power district in the operation of the utility during the preceding three-year period, and a statement of the bonded indebtedness, if any, of such municipality or public power district in connection with its ownership or operation of the utility, including the amount of all bonds issued and paid.
Source
Initiative Law 1930, No. 324, § 5;
Laws 1931, c. 116, § 5, p. 338;
C.S.Supp.,1941, § 70-605;
R.S.1943, § 70-506;
Laws 1981, LB 181, § 3.
2023 Nebraska Revised Statutes › Chapter 70 - Power Districts and Corporations › 70-507 - Sale, lease, or transfer; statement and report; certification; filing.

70-507.
Sale, lease, or transfer; statement and report; certification; filing.
Such statement and report shall be certified and sworn to as correct by the presiding officer of the governing body of such municipality or public electric light and power district, as the case may be, and shall also have thereto attached the certificate and oath of the presiding officer, or other duly authorized executive officer of the purchaser, under the seal of the purchaser, if a corporation, that the purchaser of the utility has examined the statement and report, has investigated the facts therein set forth, believes the statement and report to be true and correct, and that the proposed purchase of the utility has been made with reference to and in reliance upon the facts, situation and circumstances set forth in the statement and report. The filing of the instruments, the statement and report, certified as herein required, is hereby made a condition precedent to the validity of any such sale, lease or transfer.
Source
Initiative Law 1930, No. 324, § 5;
Laws 1931, c. 116, § 5, p. 338;
C.S.Supp.,1941, § 70-605;
R.S.1943, § 70-507.
2023 Nebraska Revised Statutes › Chapter 70 - Power Districts and Corporations › 70-508 - Sale, lease, or transfer; false statement, report, or certificate; penalty.

70-508.
Sale, lease, or transfer; false statement, report, or certificate; penalty.
Whoever shall make, utter or subscribe to any statement and report, or certificate, required under the provisions of sections 70-506 and 70-507, knowing or having reason to believe that any such statement and report, or certificate, is false, shall be guilty of a Class IV felony.
Source
Initiative Law 1930, No. 324, § 6;
Laws 1931, c. 116, § 6, p. 340;
C.S.Supp.,1941, § 70-606;
R.S.1943, § 70-508;
Laws 1977, LB 39, § 137.
2023 Nebraska Revised Statutes › Chapter 70 - Power Districts and Corporations › 70-509 - Sale, lease, or transfer; evidence of valuation.

70-509.
Sale, lease, or transfer; evidence of valuation.
Any instrument, statement and report, or certificate filed with the Nebraska Power Review Board, as provided for in Chapter 70, article 5, or certified copies thereof, shall be competent evidence in any hearing or proceeding involving the valuation of the electric light and power plant, distribution system, or transmission lines covered by the statement and report and certificate, for ratemaking purposes, taxation, or in any other matter in which the facts and statements in such instrument, statement and report, or certificate, may be involved or drawn in question, and the purchaser thereof and his, her, or its successor or assigns, shall be forever estopped to deny the facts set forth in such instrument, statement and report, or certificate.
Source
Initiative Law 1930, No. 324, § 6;
Laws 1931, c. 116, § 6, p. 340;
C.S.Supp.,1941, § 70-606;
R.S.1943, § 70-509;
Laws 1981, LB 181, § 4.
2023 Nebraska Revised Statutes › Chapter 70 - Power Districts and Corporations › 70-510 - Sale, lease, or transfer; promotion expenditures; limitation.

70-510.
Sale, lease, or transfer; promotion expenditures; limitation.
No private person, firm, association or corporation proposing to purchase, lease, or otherwise acquire any electric light and power plants, distribution system or transmission lines, from any city, village, or public electric light and power district of this state, nor any one on behalf or for the benefit of such proposed purchaser, may, in order to promote or bring about such sale, lease or transfer, pay out, contribute or expend, directly or indirectly, money or other valuable thing in excess of three thousand dollars nor, in any event, in excess of a sum in number of dollars greater than the number of the qualified voters in such municipality or public electric light and power district, based on the total vote cast for Governor at the last general election.
Source
Initiative Law 1930, No. 324, § 7;
Laws 1931, c. 116, § 7, p. 340;
C.S.Supp.,1941, § 70-607;
R.S.1943, § 70-510.
Annotations
Where amount was paid for promotion of sale in excess of statutory amount, it was within prohibition of this section. State ex rel. Sorensen v. Southern Nebraska Power Co., 131 Neb. 472, 268 N.W. 284 (1936).
2023 Nebraska Revised Statutes › Chapter 70 - Power Districts and Corporations › 70-511 - Sale, lease, or transfer; excessive promotion expenditures; violation; penalty.

70-511.
Sale, lease, or transfer; excessive promotion expenditures; violation; penalty.
Any person, firm or corporation, violating any provision of section 70-510 shall be guilty of a Class IV felony.
Source
Initiative Law 1930, No. 324, § 7;
Laws 1931, c. 116, § 7, p. 340;
C.S.Supp.,1941, § 70-607;
R.S.1943, § 70-511;
Laws 1977, LB 39, § 138.
2023 Nebraska Revised Statutes › Chapter 70 - Power Districts and Corporations › 70-512 - Sale, lease, or transfer; excessive promotion expenditures; action to invalidate; procedure.

70-512.
Sale, lease, or transfer; excessive promotion expenditures; action to invalidate; procedure.
Any violation of section 70-510 shall nullify and render wholly void any such proposed purchase, lease or acquisition;
Provided, however,
any action to set aside and render invalid any such sale, lease, transfer or acquisition, under the provisions of said section, shall be brought, in the district court of the county in which such municipality or public electric light and power district, or a portion thereof, is located, by one or more electors of such municipality or public electric light and power district, or by such municipality or district itself, or by the State of Nebraska, within ninety days after the holding of the election at which the question voted on shall have been submitted.
Source
Initiative Law 1930, No. 324, § 7;
Laws 1931, c. 116, § 7, p. 340;
C.S.Supp.,1941, § 70-607;
R.S.1943, § 70-512.
2023 Nebraska Revised Statutes › Chapter 70 - Power Districts and Corporations › 70-513 - Sale, lease, or transfer; promotion expenditures; statement.

70-513.
Sale, lease, or transfer; promotion expenditures; statement.
Within ten days after any election upon the proposition of the sale, lease or transfer of any electric light or power plant, distribution system or transmission lines, as provided by section 70-504, the person, firm, association or corporation proposing to make or secure such purchase, lease or transfer, shall file with the Secretary of State a sworn statement, in form and detail to be approved by the Attorney General, showing all expenditures made and all obligations incurred by such proposed purchaser, directly or indirectly, in connection with or pertaining to such proposed sale, lease or transfer, and in connection with or pertaining to such election.
Source
Initiative Law 1930, No. 324, § 8;
Laws 1931, c. 116, § 8, p. 341;
C.S.Supp.,1941, § 70-608;
R.S.1943, § 70-513.
2023 Nebraska Revised Statutes › Chapter 70 - Power Districts and Corporations › 70-514 - Sale, lease, or transfer; promotion expenditures; failure to file statement; penalty.

70-514.
Sale, lease, or transfer; promotion expenditures; failure to file statement; penalty.
Any person, firm, association or corporation who shall fail or refuse to file such statement, or who shall subscribe to such statement, knowing the same to be false, shall be guilty of a Class IV felony.
Source
Initiative Law 1930, No. 324, § 8;
Laws 1931, c. 116, § 8, p. 341;
C.S.Supp.,1941, § 70-608;
R.S.1943, § 70-514;
Laws 1977, LB 39, § 139.
2023 Nebraska Revised Statutes › Chapter 70 - Power Districts and Corporations › 70-515 - Applicability of laws.

70-515.
Applicability of laws.
All provisions of law, now applicable to electric light and power corporations as regards the use and occupation of the public highways, and the manner or method of construction and physical operation of plants, systems, and transmission lines, shall be applicable, as nearly as may be, to municipalities and public electric light and power districts in their exercise of the powers and functions, and in their performance of the duties, conferred or imposed upon them under the provisions of sections 70-501 to 70-515.
Source
Initiative Law 1930, No. 324, § 9;
Laws 1931, c. 116, § 9, p. 342;
C.S.Supp.,1941, § 70-609;
R.S.1943, § 70-515;
Laws 1951, c. 101, § 105, p. 496.
Annotations
Public power and irrigation district has the right to exercise the power of eminent domain in the acquisition of property. Snyder v. Platte Valley Public Power & Irr. Dist., 144 Neb. 308, 13 N.W.2d 160 (1944).
2023 Nebraska Revised Statutes › Chapter 70 - Power Districts and Corporations › 70-601.01 - Ethanol production and distribution; hydrogen production and distribution; legislative findings.

70-601.01.
Ethanol production and distribution; hydrogen production and distribution; legislative findings.
(1) The Legislature finds and declares that:
(a) Nebraska has been and will continue to be a state which is dependent on a stable, income-producing farm sector;
(b) When agriculture fails to produce adequate income for farmers, ranchers, and agricultural business interests within this state, the economic well-being of the state and its citizens will be threatened;
(c) There currently exists a chronic grain surplus within the state because of underutilization of grain products, and prices for grain remain unreasonably low because of such surplus and underutilization;
(d) Enlargement of the ethanol industry within the state would result in additional utilization of surplus grain;
(e) Ethanol will be increasingly in demand in the marketplace because of its efficacy as an octane enhancer and fuel extender;
(f) The public power industry within the state is experienced in the production and transmission of electrical power; and
(g) The experience of the public power industry could be used in the development of the production and distribution of ethanol and in the enhancement of the economic well-being of this state.
(2) The Legislature further finds:
(a) Hydrogen production and distribution may serve as a viable alternative in the marketplace for use in fuel processes;
(b) The public power industry within the state is experienced in the production and transmission of electrical power; and
(c) The experience of the public power industry could be used in the development of the production, storage, and distribution of hydrogen for use in fuel processes and in the enhancement of the economic well-being of this state.
Source
Laws 1986, LB 1230, § 32;
Laws 2005, LB 139, § 3.
2023 Nebraska Revised Statutes › Chapter 70 - Power Districts and Corporations › 70-602 - District; creation; general powers.

70-602.
District; creation; general powers.
A district may be created as hereinafter provided and, when so created, shall be a public corporation and political subdivision of this state and may sue or be sued in its corporate name. A district may be composed of the territory of one or more municipalities as defined in subsection (2) of section 70-601, whether contiguous or otherwise. Nothing in Chapter 70, article 6, shall be construed to prevent the organization of a district within or partly within the territorial boundaries of another district organized hereunder, so long as the plants, systems, and works, the operation of the same, the exercise of powers, and the assumption of duties and responsibilities, of or on the part of one district, do not nullify, conflict with, or materially affect those of, or on the part of, another district.
Source
Laws 1933, c. 86, § 2, p. 339;
Laws 1937, c. 152, § 2, p. 578;
C.S.Supp.,1941, § 70-702;
R.S.1943, § 70-602;
Laws 1981, LB 181, § 6;
Laws 1986, LB 949, § 3.
Annotations
Rural public power district is a public corporation and political subdivision of the state. York County Rural P. P. Dist. v. O'Connor, 172 Neb. 602, 111 N.W.2d 376 (1961).
A power district is a political subdivision of the state. United Community Services v. Omaha Nat. Bank, 162 Neb. 786, 77 N.W.2d 576 (1956).
Conflict between powers of two districts is to be determined at date of organization of later district. Custer Public Power Dist. v. Loup River Public Power Dist., 162 Neb. 300, 75 N.W.2d 619 (1956).
A public power district is a public corporation and a political subdivision of the state. Consumers Public Power Dist. v. Eldred, 146 Neb. 926, 22 N.W.2d 188 (1946).
Service in the same territory by two public power districts is not forbidden where there is no conflict in the exercise of powers and assumption of duties by each, and, in issuing a certificate of approval to a proposed district, the Department of Water Resources is not required to include a finding that no conflict exists. State ex rel. Wright v. Eastern Nebraska Public Power District, 130 Neb. 683, 266 N.W. 594 (1936); State ex rel. Wright v. Lancaster County Rural Public Power District, 130 Neb. 677, 266 N.W. 591 (1936).
2023 Nebraska Revised Statutes › Chapter 70 - Power Districts and Corporations › 70-603 - District; organization; amendment of charter; petition.

70-603.
District; organization; amendment of charter; petition.
A district may be organized and may amend its charter under Chapter 70, article 6, by filing in the office of the Nebraska Power Review Board a petition in compliance with requirements set forth in Chapter 70, article 6, and receiving the approval of the petition by the Nebraska Power Review Board.
Source
Laws 1933, c. 86, § 3, p. 339;
Laws 1937, c. 152, § 3, p. 579;
C.S.Supp.,1941, § 70-703;
Laws 1943, c. 145, § 1(1), p. 507;
R.S.1943, § 70-603;
Laws 1981, LB 181, § 7;
Laws 1986, LB 949, § 4;
Laws 2009, LB53, § 1.
Annotations
Initial step toward the organization of a district is the filing of a petition. Schroll v. City of Beatrice, 169 Neb. 162, 98 N.W.2d 790 (1959).
2023 Nebraska Revised Statutes › Chapter 70 - Power Districts and Corporations › 70-604.01 - Chartered territory; boundaries.

70-604.01.
Chartered territory; boundaries.
(1) Except as the same may be further limited or expanded by requirements in Chapter 70, article 6, the chartered territory of any district organized pursuant to and existing by virtue of or subject to the provisions of Chapter 70, article 6, shall include the area in this state within which such district renders electric service of the nature defined in section 70-604.02 and termed its operating area. There may be included, within the chartered area of such district, areas which are outside the operating area as defined in section 70-604.02, but as to which inclusion is nevertheless authorized by other sections of Chapter 70, article 6.
(2) Subject to the requirements of section 70-662 and the approval of the Nebraska Power Review Board in accordance with sections 70-663 and 70-664, any district organized pursuant to Chapter 70, article 6, and engaged in the operation of electric generation, transmission, or distribution facilities or any combination thereof may, in the discretion of the board of directors of such district and upon a finding by the board of directors of such district that the inclusion or exclusion thereof would be consistent with the best interests of the district and its customers, either include within or exclude from the chartered area all municipalities which have a population of fewer than one thousand five hundred inhabitants as determined by the most recent federal decennial census or the most recent revised certified count by the United States Bureau of the Census and which are within a county where such district provides electric service but are not otherwise in such district's operating area.
Source
Laws 1967, c. 418, § 7, p. 1289;
Laws 1986, LB 949, § 6;
Laws 2009, LB53, § 2;
Laws 2017, LB113, § 52.
Annotations
A public power district which does not provide at least 50 percent of the retail or wholesale power requirements of a municipality cannot include that municipality within its charter area. In re Boundaries of McCook P. P. Dist., 217 Neb. 11, 347 N.W.2d 544 (1984).
2023 Nebraska Revised Statutes › Chapter 70 - Power Districts and Corporations › 70-604.02 - Operating area, defined.

70-604.02.
Operating area, defined.
The operating area of a district, for purposes of establishing its chartered territory, is the geographical area in this state comprising:
(1) The district's retail distribution area, which is that area within which the district delivers electricity by distribution lines directly to those of its customers who consume the electricity; and
(2) The district's wholesale distribution area, which is the aggregate of those retail distribution areas of the public electric utilities which purchase electricity either directly or indirectly from the district for resale to their retail customers if the selling district has the responsibility, in whole or in part, of charging for and delivery of the electricity by transmission lines to the retail public electric utility distribution lines at one or more points of delivery pursuant to a power contract, having an original term of five years or more, to deliver firm power and energy that constitutes fifty percent or more of the purchasing public electric utility's annual energy requirements. To the extent that a selling district leases its plant or systems to another district to be operated by such other district, or produces electricity, hydrogen, or ethanol which other districts may purchase, and such other districts provide or operate the transmission lines to carry such electricity from the producer to such other districts, the retail and wholesale distribution areas of such other districts are not a part of the operating area of the selling district by reason alone of such leasing or production.
Source
Laws 1967, c. 418, § 8, p. 1289;
Laws 1986, LB 949, § 7;
Laws 1986, LB 1230, § 36;
Laws 2005, LB 139, § 5;
Laws 2009, LB53, § 3.
2023 Nebraska Revised Statutes › Chapter 70 - Power Districts and Corporations › 70-604.04 - Operating area; electric utility not included, when; wholesale supplier; duties.

70-604.04.
Operating area; electric utility not included, when; wholesale supplier; duties.
Interconnections of plant or system primarily for the purpose of rendering emergency or temporary electric service to another electric utility, in order to maintain adequate reserve capacity for all the electric utilities involved or to pool spare plant or system capacity, shall not in itself establish an electric utility as part of the operating area of another for purposes of sections 70-604 to 70-619. When a district which purchases electricity for resale actually segregates its distribution system to its customers such that only a portion of its total customers normally receive the electricity transmitted by a given wholesale supplier district, that wholesale supplier district may be required to include in its operating area only that portion of the customers of the supplied district who are so indirectly supplied by electricity from that wholesale supplier district.
Source
Laws 1967, c. 418, § 10, p. 1290;
Laws 1994, LB 76, § 578.
2023 Nebraska Revised Statutes › Chapter 70 - Power Districts and Corporations › 70-604.06 - Nebraska Power Review Board; final action; appeal; manner.

70-604.06.
Nebraska Power Review Board; final action; appeal; manner.
An appeal of any final action of the Nebraska Power Review Board may be taken to the Court of Appeals. Such appeal shall be in accordance with the rules provided by law for appeals in civil cases.
Source
Laws 1967, c. 418, § 12, p. 1291;
Laws 1981, LB 181, § 10;
Laws 1991, LB 732, § 122;
Laws 2003, LB 187, § 12.
2023 Nebraska Revised Statutes › Chapter 70 - Power Districts and Corporations › 70-604.08 - District; reorganization, consolidation, or merger; directors; continue to serve term.

70-604.08.
District; reorganization, consolidation, or merger; directors; continue to serve term.
In the event of a reorganization, consolidation, or merger of any district or districts, directors of the districts involved and who are in office at the time of such reorganization, consolidation, or merger may continue to serve as directors of the resulting reorganized, consolidated, or merged district until the expiration of the term of office for which such person or persons have been elected and until his or their successors are elected and qualified.
Source
Laws 1967, c. 418, § 14, p. 1292;
Laws 1994, LB 76, § 579.
2023 Nebraska Revised Statutes › Chapter 70 - Power Districts and Corporations › 70-604.09 - District; conduct business in other states; limitations.

70-604.09.
District; conduct business in other states; limitations.
A public power district may exercise its powers and engage in business either in the State of Nebraska or in any other state subject to any limitations in the petition for its creation and to the laws of such other state. In order to exercise its powers or engage in business in another state, a public power district shall have power and be authorized to comply with the laws of that state.
Source
Laws 1971, LB 276, § 1.
2023 Nebraska Revised Statutes › Chapter 70 - Power Districts and Corporations › 70-605 - District; original creation; petition; signatures; number required.

70-605.
District; original creation; petition; signatures; number required.
The petition for the original creation of a district shall be signed by fifteen percent of the registered voters of the municipality or municipalities as defined in subsection (2) of section 70-601 the combined territory of which composes the territory of the proposed district. If the municipality is a county or voting precinct, the whole number of votes cast for Governor at the statewide general election next preceding the filing of the petition shall be the basis on which the required number of signatures on the petition shall be determined. If the municipality is a city or incorporated village, the number of signatures required on the petition shall be based on the total number of votes cast at its general municipal election next preceding the filing of the petition. Signers and circulators of a petition under this section shall comply with sections 32-629 and 32-630.
Source
Laws 1933, c. 86, § 3, p. 339;
Laws 1937, c. 152, § 3, p. 579;
C.S.Supp.,1941, § 70-703;
Laws 1943, c. 145, § 1(3), p. 508;
R.S.1943, § 70-605;
Laws 1986, LB 949, § 10;
Laws 1994, LB 76, § 580.
2023 Nebraska Revised Statutes › Chapter 70 - Power Districts and Corporations › 70-606 - District; petition requirements.

70-606.
District; petition requirements.
The petition for the original creation of a district shall conform to the requirements of section 32-628.
Source
Laws 1933, c. 86, § 3, p. 339;
Laws 1937, c. 152, § 3, p. 579;
C.S.Supp.,1941, § 70-703;
Laws 1943, c. 145, § 1(4), p. 508;
R.S.1943, § 70-606;
Laws 1994, LB 76, § 581.
2023 Nebraska Revised Statutes › Chapter 70 - Power Districts and Corporations › 70-607 - District; petition; investigation; approval.

70-607.
District; petition; investigation; approval.
Upon receipt of such petition it shall be the duty of the Nebraska Power Review Board at once to make an investigation of the proposed district and of its proposed plants, systems, or irrigation works, and, if deemed by the Nebraska Power Review Board feasible and conforming to public convenience and welfare, the Nebraska Power Review Board, or its successor, by its executive head, shall thereupon and within thirty days from the receipt of such petition, execute a certificate in duplicate, setting forth a true copy of the petition and declaring that the petition has been approved.
Source
Laws 1933, c. 86, § 3, p. 339;
Laws 1937, c. 152, § 3, p. 579;
C.S.Supp.,1941, § 70-703;
Laws 1943, c. 145, § 1(5), p. 509;
R.S.1943, § 70-607;
Laws 1967, c. 419, § 1, p. 1293;
Laws 1981, LB 181, § 11.
Annotations
Petition, when approved, becomes the charter of the district. Schroll v. City of Beatrice, 169 Neb. 162, 98 N.W.2d 790 (1959).
Provision in this section that a certificate of approval of petition for incorporation shall be issued within thirty days from filing of the petition is directory as distinguished from mandatory where the statute itself imposes duties of a judicial nature requiring a longer time. State ex rel. Wright v. Eastern Nebraska Public Power District, 130 Neb. 683, 266 N.W. 594 (1936); State ex rel. Wright v. Lancaster County Rural Public Power District, 130 Neb. 677, 266 N.W. 591 (1936).
2023 Nebraska Revised Statutes › Chapter 70 - Power Districts and Corporations › 70-608 - District; certificate of approval; filing.

70-608.
District; certificate of approval; filing.
The Nebraska Power Review Board shall immediately cause one of the certificates to be forwarded to and filed in the office of the Secretary of State and the other one in the office of the county clerk of the county in which the principal place of business of the district is located. Thereupon such district under its designated name shall be and constitute a body politic and corporate.
Source
Laws 1933, c. 86, § 3, p. 339;
Laws 1937, c. 152, § 3, p. 579;
C.S.Supp.,1941, § 70-703;
Laws 1943, c. 145, § 1(6), p. 509;
R.S.1943, § 70-608;
Laws 1981, LB 181, § 12.
2023 Nebraska Revised Statutes › Chapter 70 - Power Districts and Corporations › 70-609 - District; board of directors; assumption of duties.

70-609.
District; board of directors; assumption of duties.
Immediately upon the filing of the certificate in the office of the Secretary of State and in the office of the county clerk, the members of the board of directors named in the petition, or appointed by the Governor in case the district has within its boundaries twenty-five or more cities and villages, shall qualify as provided for in section 70-616 and immediately assume the duties of their office. Failure or refusal to qualify shall be deemed to create a vacancy, which shall be filled as provided in section 70-615. The first meeting of the board of directors shall be called by the director first named in the petition who qualifies.
Source
Laws 1933, c. 86, § 3, p. 339;
Laws 1937, c. 152, § 3, p. 579;
C.S.Supp.,1941, § 70-703;
Laws 1943, c. 145, § 1(7), p. 510;
R.S.1943, § 70-609;
Laws 1945, c. 157, § 2, p. 517;
Laws 2000, LB 901, § 3.
2023 Nebraska Revised Statutes › Chapter 70 - Power Districts and Corporations › 70-609.01 - Board of directors; statement of public policy.

70-609.01.
Board of directors; statement of public policy.
Because of the importance of electrical energy to the present and future development of the state, the effect of the operations of public power districts on both its citizens and economy, and the significant impact of the action or inaction of a public power district not only on its direct and indirect residential ratepayers but also on the population and economy of areas in proximity to the immediate area served, it is hereby declared to be the public policy of this state to provide for and encourage a broad base representation of the citizens of this state on the boards of directors of public power districts.
Source
Laws 1986, LB 949, § 1.
2023 Nebraska Revised Statutes › Chapter 70 - Power Districts and Corporations › 70-611 - Board of directors; election; certified notice; publication.

70-611.
Board of directors; election; certified notice; publication.
(1) Not later than January 5 in each even-numbered year, the secretary of the district in districts grossing forty million dollars or more annually shall certify to the Secretary of State on forms prescribed by the Secretary of State the names of the counties in which all registered voters are eligible to vote for public power district candidates and for other counties the names of the election precincts within each county excluding the municipalities in which voters are not eligible to vote on public power district candidates. The secretary shall also certify the number of directors to be elected and the length of terms for which each is to be elected.
(2) Districts grossing less than forty million dollars annually shall prepare the same type of certification as districts grossing over forty million dollars annually and file such certification with the Secretary of State not later than June 15 of each even-numbered year.
(3) The secretary of each district shall, at the time of filing the certification, cause to be published once in a newspaper or newspapers of general circulation within the district a list of the incumbent directors and naming the counties or election precincts excluding those municipalities in which voters are not eligible to vote for public power district candidates in the same general form as the certification filed with the Secretary of State. A certified copy of the published notice shall be filed with the Secretary of State within ten days after such publication.
Source
Laws 1933, c. 86, § 4, p. 344;
Laws 1937, c. 152, § 4, p. 581;
Laws 1941, c. 137, § 1, p. 542;
C.S.Supp.,1941, § 70-704;
Laws 1943, c. 145, § 1(2), p. 511;
Laws 1943, c. 146, § 1, p. 516;
R.S.1943, § 70-611;
Laws 1959, c. 135, § 30, p. 526;
Laws 1972, LB 1401, § 2;
Laws 1973, LB 364, § 2;
Laws 1975, LB 453, § 58;
Laws 1994, LB 76, § 583;
Laws 1997, LB 764, § 110;
Laws 2021, LB285, § 17.
2023 Nebraska Revised Statutes › Chapter 70 - Power Districts and Corporations › 70-615 - Board of directors; vacancy; how filled.

70-615.
Board of directors; vacancy; how filled.
(1) In addition to the events listed in section 32-560, a vacancy on the board of directors shall exist in the event of the (a) removal from the chartered area of any director, (b) removal from the subdivision from which such director was elected except as otherwise provided in subsection (2) or (3) of section 70-612, (c) elimination or detachment from the chartered area of the territory in which a director or directors reside, or (d) expiration of the term of office of a director and failure to elect a director to fill such office at the preceding general election. After notice and hearing, a vacancy shall also exist in the event of the absence of any director from more than two consecutive regular meetings of the board, unless such absences are excused by a majority of the remaining board members.
(2) In the event of a vacancy from any of such causes, or otherwise, such vacancy or vacancies shall, except in districts having within their chartered area twenty-five or more cities and villages, be filled by the board of directors. In districts having within their chartered area twenty-five or more cities and villages, vacancies shall be filled by the Governor.
(3) If a vacancy occurs during the term of any director prior to the deadline for filing and the unexpired term extends beyond the first Thursday after the first Tuesday in January following the next general election, an appointment shall be until the first Thursday after the first Tuesday in January following the next general election, and candidates may file nomination papers as provided by law for the placing of their names upon the ballot for election to the unexpired term. If a vacancy occurs during the term of any director after the deadline for filing for election, an appointment shall be until the first Thursday after the first Tuesday in January following the next general election for which candidates may file nomination papers as provided by law.
(4) At any time a vacancy is to be filled by election, the secretary of the district shall give notice to the public by publishing the notice of vacancy, length of term, and the deadline for filing, once in a newspaper or newspapers of general circulation within the district.
(5) Any appointment shall be filed with the Secretary of State by certified mail.
Source
Laws 1933, c. 86, § 4, p. 344;
Laws 1937, c. 152, § 4, p. 581;
Laws 1941, c. 137, § 1, p. 542;
C.S.Supp.,1941, § 70-704;
Laws 1943, c. 145, § 1(7), p. 514;
Laws 1943, c. 146, § 1, p. 516;
R.S.1943, § 70-615;
Laws 1945, c. 157, § 3, p. 518;
Laws 1953, c. 106, § 31, p. 338;
Laws 1957, c. 124, § 23, p. 436;
Laws 1967, c. 418, § 5, p. 1268;
Laws 1973, LB 364, § 3;
Laws 1975, LB 453, § 59;
Laws 1985, LB 569, § 2;
Laws 1994, LB 76, § 584;
Laws 2013, LB646, § 3.
2023 Nebraska Revised Statutes › Chapter 70 - Power Districts and Corporations › 70-616 - Board of directors; oath.

70-616.
Board of directors; oath.
Before entering upon the duties of his office, every member elected to membership on the board of directors shall take and subscribe to an oath to support the Constitution of the United States and the Constitution of the State of Nebraska, and faithfully and impartially to perform the duties of his office, which oath shall be filed in the office of the Secretary of State.
Source
Laws 1933, c. 86, § 4, p. 344;
Laws 1937, c. 152, § 4, p. 581;
Laws 1941, c. 137, § 1, p. 542;
C.S.Supp.,1941, § 70-704;
Laws 1943, c. 145, § 1(8), p. 515;
Laws 1943, c. 146, § 1, p. 516;
R.S.1943, § 70-616.
2023 Nebraska Revised Statutes › Chapter 70 - Power Districts and Corporations › 70-619 - Board of directors; qualifications; eligibility to serve.

70-619.
Board of directors; qualifications; eligibility to serve.
(1) The corporate powers of the district shall be vested in and exercised by the board of directors of the district. No person shall be qualified to hold office as a member of the board of directors unless (a) he or she is a registered voter (i) of such chartered territory, (ii) of the subdivision from which a director is to be elected if such chartered territory is subdivided for election purposes as provided in subsection (1), (2), or (3) of section 70-612, or (iii) of one of the combined subdivisions from which directors are to be elected at large as provided in section 70-612 or (b) he or she is a retail customer duly certified in accordance with subsection (3) of section 70-604.03.
(2) No person who is a full-time or part-time employee of the district shall be eligible to serve as a member of the board of directors of that district. A member of a governing body of any one of the municipalities within the areas of the district may not serve on the original board of directors under sections 70-603 to 70-609.
Source
Laws 1933, c. 86, § 5, p. 345;
C.S.Supp.,1941, § 70-705;
Laws 1943, c. 146, § 2(1), p. 518;
R.S.1943, § 70-619;
Laws 1944, Spec. Sess., c. 5, § 1(1), p. 106;
Laws 1957, c. 127, § 2, p. 440;
Laws 1963, c. 396, § 1, p. 1258;
Laws 1967, c. 418, § 6, p. 1288;
Laws 1973, LB 364, § 4;
Laws 1982, LB 198, § 4;
Laws 1983, LB 15, § 1;
Laws 1985, LB 2, § 5;
Laws 1986, LB 949, § 13;
Laws 1991, LB 3, § 1;
Laws 1994, LB 76, § 585;
Laws 2013, LB646, § 4;
Laws 2015, LB177, § 1;
Laws 2023, LB565, § 42.
Operative Date: September 2, 2023
Cross References
Eligibility, additional requirements, see section 70-610.
Annotations
District was not estopped to attack constitutionality of a distinct, separate legislative act. May v. City of Kearney, 145 Neb. 475, 17 N.W.2d 448 (1945).
2023 Nebraska Revised Statutes › Chapter 70 - Power Districts and Corporations › 70-620 - Officers; appointment; treasurer's bond.

70-620.
Officers; appointment; treasurer's bond.
(1) In districts receiving annual gross revenue of less than forty million dollars, the board of directors shall appoint the officers of the district, who shall be a president, a vice president, a secretary, and a treasurer, and the board shall appoint such executive committee and other officers, including a general manager, agents, servants, and employees, as deemed necessary in handling the affairs and transacting the business of the district. The president and vice president shall be appointed from the membership of the board of directors. The treasurer may be appointed from the membership of the board of directors and shall furnish and maintain a corporate surety bond in an amount sufficient to cover all money coming into his or her possession or control. The bond shall be satisfactory in form and with sureties approved by the board. The bond required under this subsection shall in no event exceed one hundred thousand dollars. The bond as thus approved shall be filed with the Secretary of State.
(2) In those districts receiving annual gross revenue of forty million dollars or more, the board of directors shall appoint the officers of the district, who shall be a president or chairperson of the board, a vice president or vice-chairperson of the board, a secretary, and a treasurer, and the board shall appoint such executive committee and other officers, including a president or general manager, agents, servants, and employees, as deemed necessary in handling the affairs and transacting the business of the district. The president or chairperson of the board and vice president or vice-chairperson of the board shall be appointed from the membership of the board of directors. The treasurer may be appointed from the membership of the board of directors and shall furnish and maintain a corporate surety bond in an amount sufficient to cover all money coming into his or her possession or control. The bond shall be satisfactory in form and with sureties approved by the board. The bond required under this subsection shall in no event exceed one hundred thousand dollars. The bond as thus approved shall be filed with the Secretary of State.
Source
Laws 1933, c. 86, § 5, p. 345;
C.S.Supp.,1941, § 70-705;
Laws 1943, c. 146, § 2(1), p. 519;
R.S.1943, § 70-620;
Laws 1944, Spec. Sess., c. 5, § 1(2), p. 106;
Laws 1951, c. 222, § 1, p. 793;
Laws 1981, LB 34, § 1;
Laws 1984, LB 49, § 1;
Laws 1990, LB 1013, § 1.
2023 Nebraska Revised Statutes › Chapter 70 - Power Districts and Corporations › 70-620.01 - Chief executive officer; terms of employment; powers; duties.

70-620.01.
Chief executive officer; terms of employment; powers; duties.
In districts receiving annual gross revenue of less than forty million dollars, a general manager may be employed on such terms as the board deems advisable. He or she shall be chief executive officer of the district and, subject to the control of the board of directors, shall manage, conduct, and administer the affairs of the district in an efficient and economical manner.
In those districts receiving annual gross revenue of forty million dollars or more, a chief executive officer, who shall be designated as general manager if the board appoints a president of the board or as president if the board appoints a chairperson of the board, may be employed on such terms as the board deems advisable and, subject to the control of the board of directors, shall manage, conduct, and administer the affairs of the district in an efficient and economical manner.
Source
Laws 1943, c. 146, § 2(1), p. 519;
R.S.1943, § 70-620.01;
Laws 1944, Spec. Sess., c. 5, § 1(3), p. 106;
Laws 1984, LB 49, § 2.
2023 Nebraska Revised Statutes › Chapter 70 - Power Districts and Corporations › 70-621 - Board of directors; rules and regulations.

70-621.
Board of directors; rules and regulations.
The board of directors may adopt rules and regulations, or bylaws not inconsistent with the provisions of Chapter 70, article 6, for the conduct of the business and affairs of the district.
Source
Laws 1933, c. 86, § 5, p. 345;
C.S.Supp.,1941, § 70-705;
Laws 1943, c. 146, § 2(1), p. 519;
R.S.1943, § 70-621;
Laws 1944, Spec. Sess., c. 5, § 1(4), p. 106;
Laws 1981, LB 181, § 15.
2023 Nebraska Revised Statutes › Chapter 70 - Power Districts and Corporations › 70-622 - Books and records; where kept; open to inspection.

70-622.
Books and records; where kept; open to inspection.
The board of directors shall cause to be kept accurate minutes of their meetings and accurate records and books of account, conforming to approved methods of bookkeeping, clearly setting out and reflecting the entire operation, management and business of the district. Said books and records shall be kept at the principal place of business of the district or at such other regularly maintained place or places of business of the district as shall be designated by the board of directors, with due regard to the convenience of the district and its customers in the several localities or divisions served or from which the information is thus gathered or obtained. Said books and records shall at reasonable business hours be open to public inspection.
Source
Laws 1933, c. 86, § 5, p. 345;
C.S.Supp.,1941, § 70-705;
Laws 1943, c. 146, § 2(1), p. 520;
R.S.1943, § 70-622;
Laws 1944, Spec. Sess., c. 5, § 1(5), p. 106.
Annotations
Books of power district were open to public inspection. Inslee v. City of Bridgeport, 153 Neb. 559, 45 N.W.2d 590 (1951).
2023 Nebraska Revised Statutes › Chapter 70 - Power Districts and Corporations › 70-623 - Fiscal year; annual audit; filing.

70-623.
Fiscal year; annual audit; filing.
The fiscal year of the district shall coincide with the calendar year, except that a district with only one wholesale customer that is a city or a village may use the same fiscal year as the city or village. The board of directors, at the close of each year's business, shall cause an audit of the books, records, and financial affairs of the district to be made by a certified public accountant or firm of such accountants, who shall be selected by the district. The audit shall be conducted in the manner prescribed in section 84-304.01. When the audit has been completed, written copies of the audit shall be placed and kept on file at the principal place of business of the district and shall be filed with the Auditor of Public Accounts and the Nebraska Power Review Board within one hundred eighty days after the last day of the district's fiscal year.
Source
Laws 1933, c. 86, § 5, p. 345;
C.S.Supp.,1941, § 70-705;
Laws 1943, c. 146, § 2(1), p. 519;
R.S.1943, § 70-623;
Laws 1944, Spec. Sess., c. 5, § 1(6), p. 107;
Laws 1967, c. 420, § 1, p. 1294;
Laws 1981, LB 302, § 6;
Laws 1993, LB 310, § 8;
Laws 2004, LB 969, § 13;
Laws 2014, LB798, § 1.
2023 Nebraska Revised Statutes › Chapter 70 - Power Districts and Corporations › 70-623.02 - Audit; records accessible to auditor.

70-623.02.
Audit; records accessible to auditor.
The audit required by section 70-623 shall be made at the close of the fiscal year. The person making the audit shall have access to all books, records, vouchers, papers, contracts, or other data containing information on the subject (1) in the office of the public power or public power and irrigation district, (2) in the office of the chief executive officer of the district provided for in section 70-620.01, or (3) in the possession or under the control of any of the officers, agents, or servants of the district. All officers, agents, and servants of the public power or public power and irrigation district shall furnish to the person making the audit and his or her agents, servants, and employees such information regarding the auditing of the public power or public power and irrigation districts as may be demanded.
Source
Laws 1943, c. 146, § 2(3), p. 521;
R.S.1943, § 70-623.02;
Laws 1944, Spec. Sess., c. 5, § 1(11), p. 109;
Laws 1991, LB 3, § 2;
Laws 1993, LB 310, § 9.
2023 Nebraska Revised Statutes › Chapter 70 - Power Districts and Corporations › 70-623.03 - Failure to file audit; effect.

70-623.03.
Failure to file audit; effect.
If any public power district fails to file a copy of an audit within the time prescribed in section 70-623, then its books, records, and financial affairs shall, within one hundred eighty days after the close of the fiscal year of the district, be audited by a certified public accountant or firm of accountants selected by the Auditor of Public Accounts. The cost of the audit shall be paid by the district. A copy of such audit shall be placed and kept on file at the principal place of business of the district.
Source
Laws 1945, c. 160, § 1, p. 523;
Laws 1993, LB 310, § 10.
2023 Nebraska Revised Statutes › Chapter 70 - Power Districts and Corporations › 70-624 - Officers; compensation; approval; publication; violation; penalty.

70-624.
Officers; compensation; approval; publication; violation; penalty.
(1) In no event shall the compensation, as a salary or otherwise, of any general manager or president, assistant general manager or vice president, or other officer be approved except by the vote of approval of two-thirds or more of the members of the board of directors. The record of such vote of approval, together with the names of the directors so voting, shall be made a part of the permanent records of the board.
(2) The current salaries of any general manager or president or assistant general manager or vice president and all officers of the district shall be published once each year in three legal newspapers of general circulation in the district in which such general manager or president, assistant general manager or vice president, or officers are employed. The chief executive officer as described in section 70-620.01 shall be responsible for publishing the current salaries as required by this subsection. Any chief executive officer who violates this subsection shall be guilty of a Class V misdemeanor.
Source
Laws 1933, c. 86, § 5, p. 345;
C.S.Supp.,1941, § 70-705;
Laws 1943, c. 146, § 2(1), p. 520;
R.S.1943, § 70-624;
Laws 1944, Spec. Sess., c. 5, § 1(7), (8), (9), pp. 107, 108;
Laws 1949, c. 199, § 1(1), p. 579;
Laws 1971, LB 243, § 1;
Laws 1982, LB 739, § 1;
Laws 1984, LB 49, § 3;
Laws 1994, LB 915, § 1.