reglab/statecodes huggingface dataset:
2023 Nebraska Revised Statutes › Chapter 61 - Natural Resources › 61-510 - Stipend.

61-510.
Stipend.
The department shall pay a stipend to qualified design-builders that submit responsive proposals but are not selected. Payment of the stipend shall give the department ownership of the intellectual property contained in the proposals and alternative technical concepts. The amount of the stipend shall be at the discretion of the department as disclosed in the request for proposals.
Source
Laws 2023, LB565, § 10.
Operative Date: September 2, 2023
2023 Nebraska Revised Statutes › Chapter 61 - Natural Resources › 61-512 - Process for selection of construction manager and entering into construction manager-general contractor contract.

61-512.
Process for selection of construction manager and entering into construction manager-general contractor contract.
(1) The process for selecting a construction manager and entering into a construction manager-general contractor contract shall be in accordance with this section and sections 61-513 to 61-515.
(2) The department shall prepare a request for qualifications for construction manager-general contractor contract proposals and shall prequalify construction managers. The request for qualifications shall describe the project in sufficient detail to permit a construction manager to respond. The request for qualifications shall identify the maximum number of eligible construction managers the department will place on a short list as qualified and eligible to receive a request for proposals.
(3) The request for qualifications shall be (a) published in a newspaper of statewide circulation at least thirty days prior to the deadline for receiving the request for qualifications and (b) sent by first-class mail to any construction manager upon request.
(4) The department shall create a short list of qualified and eligible construction managers in accordance with the guidelines adopted pursuant to section 61-506. The department shall select at least two construction managers, except that if only one construction manager has responded to the request for qualifications, the department may, in its discretion, proceed or cancel the procurement. The request for proposals shall be sent only to the construction managers placed on the short list.
Source
Laws 2023, LB565, § 12.
Operative Date: September 2, 2023
2023 Nebraska Revised Statutes › Chapter 61 - Natural Resources › 61-513 - Construction manager-general contractor contract; request for proposals; contents.

61-513.
Construction manager-general contractor contract; request for proposals; contents.
The department shall prepare a request for proposals for each construction manager-general contractor contract. The request for proposals shall contain, at a minimum, the following elements:
(1) The guidelines adopted by the department in accordance with section 61-506. The identification of a publicly accessible location of the guidelines, either physical or electronic, shall be considered compliance with this subdivision;
(2) The proposed terms and conditions of the contract, including any terms and conditions which are subject to further negotiation;
(3) Any bonding and insurance required by law or as may be additionally required by the department;
(4) General information about the project which will assist the department in its selection of the construction manager, including a project statement which contains information about the scope and nature of the project, the project site, the schedule, and the estimated budget;
(5) The criteria for evaluation of proposals and the relative weight of each criterion;
(6) A statement that the construction manager shall not be allowed to sublet, assign, or otherwise dispose of any portion of the contract without consent of the department. In no case shall the department allow the construction manager to sublet more than seventy percent of the work, excluding specialty items; and
(7) Other information or requirements which the department, in its discretion, chooses to include in the request for proposals.
Source
Laws 2023, LB565, § 13.
Operative Date: September 2, 2023
2023 Nebraska Revised Statutes › Chapter 61 - Natural Resources › 61-514 - Submission of proposals; procedure; evaluation of proposals; department; power to negotiate.

61-514.
Submission of proposals; procedure; evaluation of proposals; department; power to negotiate.
(1) Construction managers shall submit proposals as required by the request for proposals.
(2) Proposals shall be sealed and shall not be opened until expiration of the time established for making the proposals as set forth in the request for proposals.
(3) Proposals may be withdrawn at any time prior to signing a contract for preconstruction services. The department shall have the right to reject any and all proposals at no cost to the department. The department may thereafter solicit new proposals or may cancel the construction manager-general contractor procurement process.
(4) The department shall rank the construction managers in accordance with the qualification-based selection process and pursuant to the criteria in the request for proposals. The department may meet with construction managers prior to the ranking.
(5) The department may attempt to negotiate a contract for preconstruction services with the highest ranked construction manager and may enter into a contract for preconstruction services after negotiations. If the department is unable to negotiate a satisfactory contract for preconstruction services with the highest ranked construction manager, the department may terminate negotiations with that construction manager. The department may then undertake negotiations with the second highest ranked construction manager and may enter into a contract for preconstruction services after negotiations. If the department is unable to negotiate a satisfactory contract with the second highest ranked construction manager, the department may undertake negotiations with the third highest ranked construction manager, if any, and may enter into a contract for preconstruction services after negotiations.
(6) If the department is unable to negotiate a satisfactory contract for preconstruction services with any of the ranked construction managers, the department may either revise the request for proposals and solicit new proposals or cancel the construction manager-general contractor contract process under the Public Water and Natural Resources Project Contracting Act.
Source
Laws 2023, LB565, § 14.
Operative Date: September 2, 2023
2023 Nebraska Revised Statutes › Chapter 61 - Natural Resources › 61-515 - Department; duties; powers.

61-515.
Department; duties; powers.
(1) Before the construction manager begins any construction services, the department shall:
(a) Conduct an independent cost estimate for the project; and
(b) Conduct contract negotiations with the construction manager to develop a construction manager-general contractor contract for construction services.
(2) If the construction manager and the department are unable to negotiate a contract, the department may use other contract procurement processes. Persons or organizations who submitted proposals but were unable to negotiate a contract with the department shall be eligible to compete in the other contract procurement processes.
Source
Laws 2023, LB565, § 15.
Operative Date: September 2, 2023
2023 Nebraska Revised Statutes › Chapter 61 - Natural Resources › 61-516 - Contract changes authorized.

61-516.
Contract changes authorized.
A design-build contract, a progressive design-build contract, and a construction manager-general contractor contract may be conditioned upon later refinements in scope and price and may permit the department in agreement with the design-builder, progressive design-builder, or construction manager to make changes in the project without invalidating the contract.
Source
Laws 2023, LB565, § 16.
Operative Date: September 2, 2023
2023 Nebraska Revised Statutes › Chapter 61 - Natural Resources › 61-517 - Projects for political subdivisions; department; powers; applicability of act.

61-517.
Projects for political subdivisions; department; powers; applicability of act.
The department may enter into agreements under the Public Water and Natural Resources Project Contracting Act to let, design, and construct projects for political subdivisions when any of the funding for such projects is provided by or through the department. In such instances, the department may enter into contracts with the design-builder, progressive design-builder, or construction manager. The Political Subdivisions Construction Alternatives Act shall not apply to projects let, designed, and constructed under the supervision of the department pursuant to agreements with political subdivisions under the Public Water and Natural Resources Project Contracting Act.
Source
Laws 2023, LB565, § 17.
Operative Date: September 2, 2023
Cross References
Political Subdivisions Construction Alternatives Act, see section 13-2901.
2023 Nebraska Revised Statutes › Chapter 62 - Negotiable Instruments › 62-301.01 - Holidays; transactions with bank; validity.

62-301.01.
Holidays; transactions with bank; validity.
Nothing in any law of this state shall in any manner affect the validity of, or render void or voidable any transaction by a bank in this state because done or performed during any time other than regular banking hours;
Provided,
that nothing herein shall be construed to compel any bank in this state which by law or custom is entitled to close at a fixed hour on any day or for the whole or any part of any holiday, to keep open for the transaction of business on any day after such hour, or on any holiday, except at its own option.
Source
Laws 1951, c. 204, § 2, p. 762.
2023 Nebraska Revised Statutes › Chapter 62 - Negotiable Instruments › 62-302 - Note for patent right; requirements; rights of subsequent parties.

62-302.
Note for patent right; requirements; rights of subsequent parties.
A promissory note or other negotiable instrument, the consideration for which consists, in whole or in part, of the right to make, use or vend a patented invention, or an invention claimed to be patented, shall have written or printed prominently and legibly across the face thereof, and above the signature thereto, the words given for a patent right. Such instrument in the hands of any purchaser or holder shall be subject to the same defenses as it would be in the hands of the original owner or holder, and any person who purchases or becomes the holder of a promissory note or other negotiable instrument, knowing it to have been given for the consideration aforesaid, shall hold the same subject to such defenses, although the words given for a patent right are not written or printed upon its face.
Source
Laws 1905, c. 83, art. 19, § 196, p. 434;
R.S.1913, § 5513;
C.S.1922, § 4806;
C.S.1929, § 62-1707;
R.S.1943, § 62-302.
Annotations
Where note given for patent right is not so endorsed, it is a defense between the original parties, or against one who is not a bona fide holder. Benton v. Sikyta, 84 Neb. 808, 122 N.W. 61 (1909).
2023 Nebraska Revised Statutes › Chapter 62 - Negotiable Instruments › 62-303 - Tuition notes or contracts of business colleges; requirements; limitation upon negotiation.

62-303.
Tuition notes or contracts of business colleges; requirements; limitation upon negotiation.
It shall be unlawful for any proprietor, officer, agent or representative of any business college, or the business or commercial department of any school doing business within the State of Nebraska, or without the state when operating or soliciting within the state, to contract for or receive for tuition or scholarship a negotiable note or negotiable contract, unless such negotiable note or notes or negotiable contract shall have printed in red ink prominently and legibly and in twenty-four point bold type diagonally across the face thereof, and above the signatures thereto, the words negotiable note given for tuition if a note, or the words negotiable contract note given for tuition and scholarship, if a contract, and unless a copy of said instrument shall be delivered to the makers thereof at the time of signing the same. It shall be unlawful for any such proprietor, agent or representative of any such school or department to sell or dispose of any such negotiable note or negotiable contract note, received in payment for tuition or scholarship, prior to three days from the entrance and personal registration of the student, for whom the same was purchased, in the matriculation register at the place of the location of the school or department.
Source
Laws 1915, c. 220, § 1, p. 489;
C.S.1922, § 4807;
C.S.1929, § 62-1708;
R.S.1943, § 62-303;
Laws 1947, c. 212, § 1, p. 693.
Cross References
Private postsecondary career school, contracts and evidence of indebtedness, see section 85-1645 et seq.
Annotations
Foreign corporation soliciting and carrying on business in this state cannot enforce contract entered into and valid in another state if contract growing out of transaction is contrary to local laws. Refrigeration & Air Conditioning Institute, Inc. v. Hilyard, 146 Neb. 42, 18 N.W.2d 548 (1945).
Note for tuition for linotype school was void where makers were not furnished with copy of note. Mergenthaler Linotype Co. v. McNamee, 125 Neb. 71, 249 N.W. 92 (1933).
2023 Nebraska Revised Statutes › Chapter 62 - Negotiable Instruments › 62-304 - Violations; penalty.

62-304.
Violations; penalty.
Any person who shall violate any of the provisions of section 62-303 shall be deemed guilty of a Class III misdemeanor.
Source
Laws 1915, c. 220, § 2, p. 490;
C.S.1922, § 4808;
C.S.1929, § 62-1709;
R.S.1943, § 62-304;
Laws 1977, LB 39, § 107.
2023 Nebraska Revised Statutes › Chapter 62 - Negotiable Instruments › 62-305 - Tuition notes or contracts of business colleges; when void.

62-305.
Tuition notes or contracts of business colleges; when void.
Any note or contract taken by any business college, or the business or commercial department of any other school, or by their agents or representatives, for tuition or scholarships, without first having complied with all the provisions of section 62-303, shall be void.
Source
Laws 1915, c. 220, § 3, p. 490;
C.S.1922, § 4809;
C.S.1929, § 62-1710;
R.S.1943, § 62-305.
Annotations
Foreign corporation obtaining contract for course of instruction without complying with statutes of Nebraska cannot enforce note under principle of comity. Refrigeration & Air Conditioning Institute, Inc. v. Hilyard, 146 Neb. 42, 18 N.W.2d 548 (1945).
2023 Nebraska Revised Statutes › Chapter 63 - Newspapers and Periodicals › 63-101 - Newspapers, magazines, periodicals; recipient, when not liable for subscription price.

63-101.
Newspapers, magazines, periodicals; recipient, when not liable for subscription price.
No person in this state shall be compelled to pay for any newspaper, magazine or other publication which shall be mailed or sent to him without his having subscribed for or ordered it, or which shall be mailed or sent to him after the time of his subscription or order therefor has expired, notwithstanding that he may have received it.
Source
Laws 1905, c. 104, § 1, p. 500;
R.S.1913, § 5514;
C.S.1922, § 4810;
C.S.1929, § 63-101;
R.S.1943, § 63-101.
2023 Nebraska Revised Statutes › Chapter 63 - Newspapers and Periodicals › 63-102 - Books, pamphlets; printing copies in excess of contract prohibited.

63-102.
Books, pamphlets; printing copies in excess of contract prohibited.
It shall be unlawful for any person, firm or corporation who shall enter into contract for the printing, stereotyping, binding or publication of any book, pamphlet, circular, or other publication of any character or description, for any author, compiler or publisher, to print any greater number of copies of such book, pamphlet, circular, or other publication, than the number designated by the contract for such publication.
Source
Laws 1905, c. 202, § 1, p. 695;
R.S.1913, § 5515;
C.S.1922, § 4811;
C.S.1929, § 63-102;
R.S.1943, § 63-102.
2023 Nebraska Revised Statutes › Chapter 63 - Newspapers and Periodicals › 63-103 - Violations; penalty.

63-103.
Violations; penalty.
Any person, firm or corporation violating any of the provisions of section 63-102 shall upon conviction thereof be guilty of a Class IV misdemeanor and in addition thereto shall be liable to the author, compiler or publisher with whom such contract was made, for all damages which may accrue by reason of such unlawful publication.
Source
Laws 1905, c. 202, § 2, p. 695;
R.S.1913, § 5516;
C.S.1922, § 4812;
C.S.1929, § 63-103;
R.S.1943, § 63-103;
Laws 1977, LB 39, § 108.
2023 Nebraska Revised Statutes › Chapter 63 - Newspapers and Periodicals › 63-105 - Digital voice newspaper delivery system; legislative findings.

63-105.
Digital voice newspaper delivery system; legislative findings.
(1) The Legislature finds that:
(a) Newspapers are a significant and important source of daily information;
(b) As a written form of media, newspapers are able to provide indepth coverage of issues as well as coverage of a breadth of issues which may be absent in other electronic or broadcast media;
(c) While a newspaper's written format has advantages, such written format severely limits the ability of blind and other print-reading-impaired persons to obtain information from newspapers;
(d) This information deficit contributes to an unemployment rate estimated at seventy-five percent among working-age blind persons to whom the availability of such detailed news coverage would vastly improve opportunities for meaningful employment;
(e) There are a significant number of blind and other print-reading-impaired persons in Nebraska who would benefit from having timely and complete access to local and national newspapers;
(f) Due to technological advances, newspapers can be efficiently and effectively distributed by voice to enable access by blind and other print-reading-impaired persons; and
(g) The state should maintain a system by which blind and other print-reading-impaired persons can access the information newspapers provide.
(2) The purpose of this section and section 63-106 is to provide a digital voice newspaper delivery system to enable blind and other print-reading-impaired persons to access newspapers in a timely and comprehensive manner.
Source
Laws 2000, LB 352, § 20.
2023 Nebraska Revised Statutes › Chapter 63 - Newspapers and Periodicals › 63-106 - Digital voice newspaper delivery system; Commission for the Blind and Visually Impaired; duties; limit on charges.

63-106.
Digital voice newspaper delivery system; Commission for the Blind and Visually Impaired; duties; limit on charges.
(1) The Commission for the Blind and Visually Impaired shall establish standards and procedures for a statewide digital voice newspaper delivery system and shall oversee its operation. The commission shall:
(a) Enter into contracts for the operation of such system;
(b) Provide space for the location of distribution devices and other equipment necessary to operate the system;
(c) Provide for daily monitoring to assure prompt and accurate functioning;
(d) Advertise the system and recruit blind and other print-reading-impaired persons for user certification;
(e) Develop and implement procedures for user certification;
(f) Serve as a coordinator between the system operator and the certified users; and
(g) Adopt and promulgate rules and regulations to carry out this section and section 63-105.
(2) Any certified user of the system shall not be charged for access to the system other than instate and out-of-state long-distance charges incurred while accessing the system.
Source
Laws 2000, LB 352, § 21.
2023 Nebraska Revised Statutes › Chapter 64 - Notaries Public › 64-101 - Appointment; qualifications; term.

64-101.
Appointment; qualifications; term.
(1) The Secretary of State may appoint and commission such number of persons to the office of notary public as he or she deems necessary.
(2) There shall be one class of such appointments which shall be valid in the entire state and referred to as general notaries public.
(3) The term effective date, as used with reference to a commission of a notary public, shall mean the date of the commission unless the commission states when it goes into effect, in which event that date shall be the effective date.
(4) A general commission may refer to the office as notary public and shall contain a provision showing that the person therein named is authorized to act as a notary public anywhere within the State of Nebraska or, in lieu thereof, may contain the word general or refer to the office as general notary public.
(5) No person shall be appointed a notary public unless he or she has taken and passed a written examination on the duties and obligations of a notary public as provided in section 64-101.01.
(6) No appointment shall be made if such applicant has been convicted of (a) a felony or (b) a crime involving fraud or dishonesty within the previous five years.
(7) No appointment shall be made until such applicant has attained the age of nineteen years nor unless such applicant certifies to the Secretary of State under oath that he or she has carefully read and understands the laws relating to the duties of notaries public and will, if commissioned, faithfully discharge the duties pertaining to the office and keep records according to law.
(8) No person shall be appointed a notary public unless he or she resides in the State of Nebraska, except that the Secretary of State may appoint and commission a person as a notary public who resides in a state that borders the State of Nebraska if such person is employed in or has a regular place of work or business in this state and the Secretary of State has obtained evidence of an address of the physical location of such employment or place of work or business prior to such appointment and commission.
(9) Each person appointed a notary public shall hold office for a term of four years from the effective date of his or her commission unless sooner removed.
Source
Laws 1869, § 1, p. 20;
G.S.1873, p. 493;
Laws 1883, c. 58, § 1, p. 248;
R.S.1913, § 5517;
Laws 1919, c. 123, § 1, p. 293;
Laws 1921, c. 99, § 2, p. 365;
C.S.1922, § 4813;
C.S.1929, § 64-101;
Laws 1943, c. 136, § 1, p. 467;
R.S.1943, § 64-101;
Laws 1945, c. 145, § 1, p. 487;
Laws 1951, c. 205, § 1, p. 763;
Laws 1967, c. 396, § 2, p. 1241;
Laws 1971, LB 88, § 1;
Laws 1976, LB 622, § 1;
Laws 2004, LB 315, § 2;
Laws 2012, LB398, § 2.
Annotations
The Governor is authorized to appoint such number of persons to the office of notary public as he shall deem necessary. Cohn v. Butterfield, 89 Neb. 849, 132 N.W. 400 (1911).
2023 Nebraska Revised Statutes › Chapter 64 - Notaries Public › 64-101.01 - Written examination required.

64-101.01.
Written examination required.
The written examination required by section 64-101 shall be developed and administered by the Secretary of State and shall consist of questions relating to laws, procedures, and ethics for notaries public. All applicants for commission as a notary public on and after July 16, 2004, shall be required to take and pass the examination prior to being commissioned.
Source
Laws 2004, LB 315, § 3.
2023 Nebraska Revised Statutes › Chapter 64 - Notaries Public › 64-102 - Commission; how obtained; bond.

64-102.
Commission; how obtained; bond.
Any person may apply for a commission authorizing the applicant to act as a notary public anywhere in the State of Nebraska, and thereupon the Secretary of State may, at his or her discretion, issue a commission authorizing such notary public to act as such anywhere in the State of Nebraska. A general commission shall not authorize the holder thereof to act as a notary public anywhere in the State of Nebraska until a bond in the sum of fifteen thousand dollars, with an incorporated surety company as surety, has been executed and approved by and filed in the office of the Secretary of State. Upon the filing of such bond with the Secretary of State and the issuance of such commission, such notary public shall be authorized and empowered to perform any and all the duties of a notary public in any and all the counties in the State of Nebraska. Such bond shall be conditioned for the faithful performance of the duties of such office. Such person so appointed to the office of notary public shall make oath or affirmation, to be endorsed on such bond, and subscribed by him or her before some officer authorized by law to administer oaths, and by him or her certified thereon, that he or she will support the Constitution of the United States and the Constitution of Nebraska and will faithfully and impartially discharge and perform the duties of the office of notary public.
Source
Laws 1919, c. 123, § 1, p. 293;
Laws 1921, c. 99, § 2, p. 365;
C.S.1922, § 4813;
C.S.1929, § 64-101;
Laws 1943, c. 136, § 1, p. 468;
R.S.1943, § 64-102;
Laws 1945, c. 145, § 2, p. 489;
Laws 1967, c. 396, § 3, p. 1242;
Laws 1988, LB 1030, § 47;
Laws 2004, LB 315, § 4.
2023 Nebraska Revised Statutes › Chapter 64 - Notaries Public › 64-103 - Commission; signature; seal; filing and approval of bond; delivery.

64-103.
Commission; signature; seal; filing and approval of bond; delivery.
When any person is appointed to the office of notary public, the Secretary of State shall cause his or her signature or a facsimile thereof to be affixed to the commission and he or she shall affix thereto the great seal of the state. Upon the filing and approval of the bond, as provided for in section 64-102, the Secretary of State shall mail or deliver the commission to the applicant. The form and format of the commission shall be prescribed by the Secretary of State.
Source
Laws 1869, § 2, p. 21;
G.S.1873, p. 493;
R.S.1913, § 5518;
C.S.1922, § 4814;
C.S.1929, § 64-102;
R.S.1943, § 64-103;
Laws 1945, c. 145, § 3, p. 489;
Laws 1963, c. 368, § 1, p. 1186;
Laws 1967, c. 396, § 4, p. 1243;
Laws 1988, LB 1030, § 48;
Laws 2004, LB 315, § 5.
2023 Nebraska Revised Statutes › Chapter 64 - Notaries Public › 64-104 - Notary public; commission; renewal; procedure.

64-104.
Notary public; commission; renewal; procedure.
Commissions for general notaries public may be renewed within thirty days prior to the date of expiration by filing a renewal application along with the payment of the fee prescribed in section 33-102 and a new bond with the Secretary of State. The bond required for a renewal of such commission shall be in the same manner and form as provided in section 64-102. The renewal application shall be in the manner and form as prescribed by the Secretary of State. Any renewal application for such commission made after the date of expiration of the commission shall be made in the same manner as a new application for such commission as a general notary public.
Source
Laws 1967, c. 396, § 9, p. 1245;
R.S.1943, (1986), § 64-116;
Laws 1994, LB 1004, § 5;
Laws 2012, LB398, § 3.
2023 Nebraska Revised Statutes › Chapter 64 - Notaries Public › 64-105 - Notarial acts prohibited; when.

64-105.
Notarial acts prohibited; when.
(1) A notary public shall not perform any notarial act as authorized by Chapter 64, articles 1, 2, and 3 if the principal:
(a) Is not in the presence of the notary public at the time of the notarial act; and
(b) Is not personally known to the notary public or identified by the notary public through satisfactory evidence.
(2) For purposes of this section:
(a) Identified by the notary public through satisfactory evidence means identification of an individual based on:
(i) At least one document issued by a government agency that is current and that bears the photographic image of the individual's face and signature and a physical description of the individual, except that a properly stamped passport without a physical description is satisfactory evidence; or
(ii) The oath or affirmation of one credible witness unaffected by the document or transaction to be notarized who is personally known to the notary public and who personally knows the individual, or the oaths or affirmations of two credible witnesses unaffected by the document or transaction to be notarized who each personally knows the individual and shows to the notary public documentary identification as described in subdivision (a)(i) of this subsection; and
(b) Personal knowledge of identity or personally known means familiarity with an individual resulting from interactions with that individual over a period of time sufficient to dispel any reasonable uncertainty that the individual has the identity claimed.
(3) This section does not apply to online notarial acts under the Online Notary Public Act.
Source
Laws 2004, LB 315, § 6;
Laws 2019, LB186, § 20.
Cross References
Online Notary Public Act, see section 64-401.
2023 Nebraska Revised Statutes › Chapter 64 - Notaries Public › 64-105.01 - Notary public; disqualified; when.

64-105.01.
Notary public; disqualified; when.
A notary public is disqualified from performing a notarial act as authorized by Chapter 64, articles 1 and 2, if the notary:
(1) Is a spouse, ancestor, descendant, or sibling of the principal, including in-law, step, or half relatives;
(2) Except in the performance of duties pursuant to sections 64-211 to 64-215, has a financial or beneficial interest in the transaction other than receipt of the ordinary notarial fee or is individually named as a party to the transaction; or
(3) Does not understand the acknowledgment or notarial certificate used to certify the performance of his or her duties.
Source
Laws 2004, LB 315, § 7;
Laws 2012, LB398, § 4.
2023 Nebraska Revised Statutes › Chapter 64 - Notaries Public › 64-105.02 - Notarization; when.

64-105.02.
Notarization; when.
(1) A notary public may certify the affixation of a signature by mark on a document presented for notarization if:
(a) The mark is affixed in the presence of the notary public and of two witnesses unaffected by the document;
(b) Both witnesses sign their own names beside the mark;
(c) The notary public writes below the mark: "Mark affixed by (name of signer by mark) in presence of (names and addresses of witnesses) and undersigned notary public"; and
(d) The notary public notarizes the signature by mark through an acknowledgment, jurat, or signature witnessing.
(2) A notary public may sign the name of a person physically unable to sign or make a mark on a document presented for notarization if:
(a) The person directs the notary public to do so in the presence of two witnesses unaffected by the document;
(b) The notary public signs the person's name in the presence of the person and the witnesses;
(c) Both witnesses sign their own names beside the signature;
(d) The notary public writes below the signature: "Signature affixed by notary public in the presence of (names and addresses of person and two witnesses)"; and
(e) The notary public notarizes the signature through an acknowledgment, jurat, or signature witnessing.
Source
Laws 2004, LB 315, § 8.
2023 Nebraska Revised Statutes › Chapter 64 - Notaries Public › 64-105.03 - Notary public; unauthorized practice of law; prohibited.

64-105.03.
Notary public; unauthorized practice of law; prohibited.
(1) A notary public who is not an attorney shall not engage in the unauthorized practice of law as provided in this section.
(2) If notarial certificate wording is not provided or indicated for a document, a notary public who is not an attorney shall not determine the type of notarial act or certificate to be used.
(3) A notary public who is not an attorney shall not assist another person in drafting, completing, selecting, or understanding a document or transaction requiring a notarial act.
(4) A notary public who is not an attorney shall not claim to have powers, qualifications, rights, or privileges that the office of notary public does not provide, including the power to counsel on immigration matters.
(5) A notary public who is not an attorney and who advertises notarial services in a language other than English shall include in any advertisement, notice, letterhead, or sign a statement prominently displayed in the same language as follows: "I am not an attorney and have no authority to give advice on immigration or other legal matters".
(6) A notary public who is not an attorney may not use the term notario publico or any equivalent non-English term in any business card, advertisement, notice, or sign.
(7) This section does not preclude a notary public who is duly qualified, trained, or experienced in a particular industry or professional field from selecting, drafting, completing, or advising on a document or certificate related to a matter within that industry or field.
(8) A violation of any of the provisions of this section shall be considered the unauthorized practice of law and subject to the penalties provided in section 7-101.
Source
Laws 2004, LB 315, § 9.
2023 Nebraska Revised Statutes › Chapter 64 - Notaries Public › 64-105.04 - Change of residence; duties.

64-105.04.
Change of residence; duties.
A notary public shall notify the Secretary of State of any change of his or her residence no later than forty-five days after such change. Information provided on the change-of-address form shall include the notary public's name as it appears on his or her commission, the date the commission expires, and the notary public's new address. The Secretary of State shall prescribe forms consistent with the requirements of this section.
Source
Laws 2004, LB 315, § 10.
2023 Nebraska Revised Statutes › Chapter 64 - Notaries Public › 64-107.01 - Oaths and affirmations.

64-107.01.
Oaths and affirmations.
Oaths and affirmations may be administered, in all cases whatsoever, by notaries public.
Source
R.S.1866, p. 274;
Laws 1909, c. 92, § 1, p. 388;
R.S.1913, § 5530;
C.S.1922, § 4826;
C.S.1929, § 65-101;
R.S.1943, § 65-101;
Laws 1951, c. 207, § 1, p. 768;
Laws 1972, LB 1032, § 266;
R.S.1943, (1986), § 65-101;
Laws 1990, LB 822, § 38;
Laws 1990, LB 821, § 40.
2023 Nebraska Revised Statutes › Chapter 64 - Notaries Public › 64-108 - Summons; issuance, when authorized.

64-108.
Summons; issuance, when authorized.
Every notary public, when notice by a party to any civil suit pending in any court of this state upon any adverse party for the taking of any testimony of witnesses by deposition, or any commission to take testimony of witnesses to be preserved for use in any suit thereafter to be commenced, has been deposited with him or her, or when a special commission issued out of any court of any state or country without this state, together with notice for the taking of testimony by depositions or commissions, has been deposited with him or her, is empowered to issue summons and command the presence before him or her of witnesses. All sheriffs and constables in this state are required to serve and return all process issued by notaries public in the taking of testimony of witnesses by commission or deposition.
Source
Laws 1869, § 7, p. 23;
G.S.1873, p. 495;
R.S.1913, § 5523;
C.S.1922, § 4819;
C.S.1929, § 64-107;
R.S.1943, § 64-108;
Laws 2005, LB 348, § 18.
Annotations
Notary public has right to issue order of commitment, finding witness in contempt for refusing to answer a proper question, and same rule applies to refusal to testify in a hearing before referee appointed by court. State v. Degele, 137 Neb. 810, 291 N.W. 554 (1940).
Notary need not order witness to answer questions before committing for contempt where witness refuses to answer on ground of privilege and is asked if he is familiar with penalty for refusal to answer. Ehlers v. State, 133 Neb. 241, 274 N.W. 570 (1937).
Section is constitutional, and notary may punish witness for contempt for refusing to give deposition. Olmsted v. Edson, 71 Neb. 17, 98 N.W. 415 (1904); Dogge v. State, 21 Neb. 272, 31 N.W. 929 (1887).
Notary cannot punish persons for misdemeanors or misbehavior during taking of deposition. Courtnay v. Knox, 31 Neb. 652, 48 N.W. 763 (1891).
This section authorizes a notary to issue a subpoena only after notice of deposition has been deposited with the reporter. Burke v. Harman, 6 Neb. App. 309, 574 N.W.2d 156 (1998).
A witness may be compelled by process to appear before a notary and answer questions to depositions. Roschynialski v. Hale, 201 F. 1017 (D. Neb. 1913).
2023 Nebraska Revised Statutes › Chapter 64 - Notaries Public › 64-109 - Civil liability of notary public; actions.

64-109.
Civil liability of notary public; actions.
If any person shall be damaged or injured by the unlawful act, negligence or misconduct of any notary public in his official capacity, the person damaged or injured may maintain a civil action on the official bond of such notary public against such notary public, and his sureties, and a recovery in such action shall not be a bar to any future action for other causes to the full amount of the bond.
Source
Laws 1869, § 8, p. 23;
G.S.1873, p. 495;
R.S.1913, § 5524;
C.S.1922, § 4820;
C.S.1929, § 64-108;
R.S.1943, § 64-109.
2023 Nebraska Revised Statutes › Chapter 64 - Notaries Public › 64-112 - Removal from state; termination; notice to Secretary of State.

64-112.
Removal from state; termination; notice to Secretary of State.
Every notary public removing from the State of Nebraska shall notify the Secretary of State of such removal. Such a removal shall terminate the term of his office.
Source
Laws 1869, § 12, p. 25;
G.S.1873, p. 496;
Laws 1883, c. 58, § 2, p. 249;
R.S.1913, § 5528;
C.S.1922, § 4824;
C.S.1929, § 64-112;
R.S.1943, § 64-112;
Laws 1945, c. 145, § 9, p. 493;
Laws 1967, c. 396, § 7, p. 1244.
2023 Nebraska Revised Statutes › Chapter 64 - Notaries Public › 64-114 - Change of name; continue to act.

64-114.
Change of name; continue to act.
Any person, whose name is legally changed after a commission as a notary public is issued to him or her, may continue to act as such notary public and use the original commission, seal, and name until the expiration or termination of such commission. The bond given by such notary public shall continue in effect, regardless of such legal change of name of such notary public, if the notary public uses the name under which the commission is issued.
Source
Laws 1945, c. 145, § 13, p. 495.
2023 Nebraska Revised Statutes › Chapter 64 - Notaries Public › 64-118 - Seal; engraved or ink stamp; adopt; use.

64-118.
Seal; engraved or ink stamp; adopt; use.
All persons, officers, and governmental and nongovernmental bodies and associations heretofore authorized by law to adopt and use a seal on official documents are hereby authorized to adopt and use either an engraved or ink stamp seal for such purposes, unless the use of ink stamp seals for such purposes is specifically prohibited by law.
Source
Laws 1971, LB 653, § 12.
Cross References
Additional requirements for notary public seal, see section 64-210.
2023 Nebraska Revised Statutes › Chapter 64 - Notaries Public › 64-201 - Notarial acts, defined; performed; effect.

64-201.
Notarial acts, defined; performed; effect.
For the purposes of sections 64-201 to 64-210, unless the context otherwise requires: Notarial acts means acts which the laws and regulations of this state authorize notaries public of this state to perform, including the administering of oaths and affirmations, taking proof of execution and acknowledgments of instruments, and attesting documents. Notarial acts may be performed outside this state for use in this state with the same effect as if performed by a notary public of this state by the following persons authorized pursuant to the laws and regulations of other governments in addition to any other person authorized by the laws and regulations of this state:
(1) A notary public authorized to perform notarial acts in the place in which the act is performed;
(2) A judge, clerk, or deputy clerk of any court of record in the place in which the notarial act is performed;
(3) An officer of the foreign service of the United States, a consular agent, or any other person authorized by regulation of the United States Department of State to perform notarial acts in the place in which the act is performed;
(4) A commissioned officer in active service with the armed forces of the United States and any other person authorized by regulation of the armed forces to perform notarial acts if the notarial act is performed for one of the following or his dependents: A merchant seaman of the United States, a member of the armed forces of the United States, or any other person serving with or accompanying the armed forces of the United States; or
(5) Any other person authorized to perform notarial acts in the place in which the act is performed.
Source
Laws 1969, c. 523, § 1, p. 2139.
Annotations
A notary public or other authorized officer should use a traditional jurat (long or short) to certify the administration of an oath or affirmation and employ an acknowledgment for documents requiring that type of proof. AVG Partners I v. Genesis Health Clubs, 307 Neb. 47, 948 N.W.2d 212 (2020).
2023 Nebraska Revised Statutes › Chapter 64 - Notaries Public › 64-202 - Notarial act; performance; proof of authority; maintenance of records.

64-202.
Notarial act; performance; proof of authority; maintenance of records.
(1) If the notarial act is performed by any of the persons described in sections 64-201 to 64-204, other than a person authorized to perform notarial acts by the laws or regulations of a foreign country, the signature, rank, or title and serial number, if any, of the person are sufficient proof of the authority of a holder of that rank or title to perform the act. Further proof of his or her authority shall not be required.
(2) If the notarial act is performed by a person authorized by the laws or regulations of a foreign country to perform the act, there is sufficient proof of the authority of that person to act if:
(a) Either a foreign service officer of the United States resident in the country in which the act is performed or a diplomatic or consular officer of the foreign country resident in the United States certifies that a person holding that office is authorized to perform the act;
(b) The official seal of the person performing the notarial act is affixed to the document; or
(c) The title and indication of authority to perform notarial acts of the person appears either in a digest of foreign law or in a list customarily used as a source of such information.
(3) An apostille in the form prescribed by the Hague Convention of October 5, 1961, shall conclusively establish that the signature of the notarial officer is genuine and that the officer holds the designated office. The Secretary of State or his or her deputy shall be authorized to sign the apostille.
(4) The Secretary of State may authorize the use of computers to maintain necessary records dealing with notaries public in the State of Nebraska.
Source
Laws 1969, c. 523, § 2, p. 2140;
Laws 1988, LB 1030, § 49.
2023 Nebraska Revised Statutes › Chapter 64 - Notaries Public › 64-203 - Certificate; contents.

64-203.
Certificate; contents.
(1) The person taking an acknowledgment shall certify that:
(a) The person acknowledging appeared before him or her and acknowledged he or she executed the instrument; and
(b) The person acknowledging was known to the person taking the acknowledgment or that the person taking the acknowledgment had satisfactory evidence that the person acknowledging was the person described in and who executed the instrument.
(2) For purposes of this section, appearance before the person taking an acknowledgment includes an appearance outside the presence of a notary public if such acknowledgment was completed in accordance with the Online Notary Public Act.
Source
Laws 1969, c. 523, § 3, p. 2141;
Laws 2019, LB186, § 22.
Cross References
Online Notary Public Act, see section 64-401.
Annotations
An attestation clause that does not list a name in the acknowledgment section is incomplete. Johnson v. Neth, 276 Neb. 886, 758 N.W.2d 395 (2008).
2023 Nebraska Revised Statutes › Chapter 64 - Notaries Public › 64-204 - Certificate of acknowledgment; form; acceptance.

64-204.
Certificate of acknowledgment; form; acceptance.
The form of a certificate of acknowledgment used by a person whose authority is recognized under section 64-201 shall be accepted in this state if:
(1) The certificate is in a form prescribed by the laws or regulations of this state;
(2) The certificate is in a form prescribed by the laws or regulations applicable in the place in which the acknowledgment is taken; or
(3) The certificate contains the words acknowledged before me, or their substantial equivalent.
Source
Laws 1969, c. 523, § 4, p. 2141.
2023 Nebraska Revised Statutes › Chapter 64 - Notaries Public › 64-205 - Acknowledgment, defined.

64-205.
Acknowledgment, defined.
(1) The words acknowledged before me means:
(a) That the person acknowledging appeared before the person taking the acknowledgment;
(b) That he or she acknowledged he or she executed the instrument;
(c) That, in the case of:
(i) A natural person, he or she executed the instrument for the purposes therein stated;
(ii) A corporation, the officer or agent acknowledged he or she held the position or title set forth in the instrument and certificate, he or she signed the instrument on behalf of the corporation by proper authority and the instrument was the act of the corporation for the purpose therein stated;
(iii) A partnership, the partner or agent acknowledged he or she signed the instrument on behalf of the partnership by proper authority and he or she executed the instrument as the act of the partnership for the purposes therein stated;
(iv) A limited liability company, the member or agent acknowledged he or she signed the instrument on behalf of the limited liability company by proper authority and he or she executed the instrument as the act of the limited liability company for the purposes therein stated;
(v) A person acknowledging as principal by an attorney in fact, he or she executed the instrument by proper authority as the act of the principal for the purposes therein stated; or
(vi) A person acknowledging as a public officer, trustee, administrator, guardian, or other representative, he or she signed the instrument by proper authority and he or she executed the instrument in the capacity and for the purposes therein stated; and
(d) That the person taking the acknowledgment either knew or had satisfactory evidence that the person acknowledging was the person named in the instrument or certificate.
(2) For purposes of this section, appearance before the person taking an acknowledgment includes an appearance outside the presence of a notary public if such acknowledgment was completed in accordance with the Online Notary Public Act.
Source
Laws 1969, c. 523, § 5, p. 2141;
Laws 1993, LB 121, § 393;
Laws 2019, LB186, § 23.
Cross References
Online Notary Public Act, see section 64-401.