reglab/statecodes huggingface dataset:
2023 Nebraska Revised Statutes › Chapter 33 - Fees and Salaries › 33-126.06 - County court; matters relating to trusts; fees.

33-126.06.
County court; matters relating to trusts; fees.
The county court shall be entitled to collect the following fees: For the registration of any trust, whether testamentary or not, twenty-two dollars; for each proceeding initiated in county court concerning the administration and distribution of trusts, the declaration of rights, and the determination of other matters involving trustees and beneficiaries of trusts, twenty-two dollars; for the appointment of a successor trustee, twenty-two dollars; and for filing and recording each report, five dollars. Two dollars of each twenty-two-dollar fee shall be remitted to the State Treasurer for credit to the Nebraska Retirement Fund for Judges through June 30, 2021. Beginning July 1, 2021, four dollars of each twenty-two-dollar fee shall be remitted to the State Treasurer for credit to the Nebraska Retirement Fund for Judges.
Source
Laws 1975, LB 481, § 27;
Laws 1982, LB 928, § 37;
Laws 1989, LB 233, § 9;
Laws 2005, LB 348, § 16;
Laws 2021, LB17, § 11.
2023 Nebraska Revised Statutes › Chapter 33 - Fees and Salaries › 33-131 - County officers; records; duties.

33-131.
County officers; records; duties.
The sheriffs, county judges, county treasurers, county clerks, and registers of deeds of the several counties of the state shall each keep a book, unless authorized to use a computerized system, which shall be provided by the county, which shall be known as the fee book, which shall be a part of the records of such office, and in which shall be entered each and every item of fees collected showing in separate columns the name of the party from whom received, the date of receiving the same, the amount received, and for what service the same was charged. The clerks of the district court shall use the court's electronic case management system provided by the state which shall be the record of receipts and reimbursements.
Source
Laws 1877, § 3, p. 216;
R.S.1913, § 2455;
C.S.1922, § 2397;
Laws 1925, c. 88, § 1, p. 267;
C.S.1929, § 33-136;
R.S.1943, § 33-131;
Laws 1984, LB 679, § 12;
Laws 2018, LB193, § 72.
Annotations
An instruction to the jury that this section included sheriffs and required them to keep a fee book was not prejudicial to a defendant in a prosecution for his failure to report fees. Quinton v. State, 112 Neb. 684, 200 N.W. 881 (1924).
Fees received or collected are required to be entered upon the books and reported, and fees earned but not collected need not be reported. Douglas County v. Vinsonhaler, 82 Neb. 810, 118 N.W. 1058 (1908).
Mandamus will lie to compel a county clerk to enter on his fee book the compensation he received for his services as clerk of the county board and for making out the tax lists even though his term has expired. State ex rel. Wayne County v. Russell, 51 Neb. 774, 71 N.W. 785 (1897).
It is the duty of the county clerk to enter in the fee book in full all fees received by him for preparing certificates of encumbrances. Hazelet v. Holt County, 51 Neb. 716, 71 N.W. 717 (1897).
A cause of action for a writ of mandamus to compel a county clerk to enter upon his fee book all fees earned by him as county clerk and ex officio clerk of the district court accrues not later than the time when the report for the current year is made. State ex rel. County Commissioners of Brown County v. Boyd, 49 Neb. 303, 68 N.W. 510 (1896).
This section is mandatory and requires the county clerk to keep a fee book and enter therein all fees received by him for official services. State ex rel. Board of Supervisors of Holt County v. Hazelet, 41 Neb. 257, 59 N.W. 891 (1894).
2023 Nebraska Revised Statutes › Chapter 33 - Fees and Salaries › 33-132 - Violations; penalties.

33-132.
Violations; penalties.
Any officer who shall fail to comply with the provisions of sections 33-130 and 33-131, or shall fail or neglect to keep correct account of the fees by him received, or shall fail and neglect to make a report to the county board as herein provided, or shall willfully or intentionally omit to charge the fees provided by law, with intent to evade the provisions of said sections, shall be guilty of a Class V misdemeanor. Any such officer who shall make a false report under oath shall be guilty of perjury, and punished accordingly.
Source
Laws 1877, § 4, p. 216;
R.S.1913, § 2456;
C.S.1922, § 2398;
C.S.1929, § 33-137;
R.S.1943, § 33-132;
Laws 1977, LB 40, § 169.
Annotations
Failure of county judge to report costs received is an offense for which sanctions are prescribed. State ex rel. Nebraska State Bar Assn. v. Conover, 166 Neb. 132, 88 N.W.2d 135 (1958).
A county judge, clerk, treasurer, or sheriff is liable for fees earned by him but not collected where he willfully omitted to charge the fee, or where he negligently omitted to collect the fee, or had taken security therefore and had negligently failed to require sufficient security. Douglas County v. Vinsonhaler, 82 Neb. 810, 118 N.W. 1058 (1908).
Under this section it is the duty of a county clerk to charge and collect the full amount of fees authorized by statute for official services, and he is liable for such fees if he fails or neglects to collect the full fees authorized for the services performed. State ex rel. Board of Supervisors of Holt County v. Hazelet, 41 Neb. 257, 59 N.W. 891 (1894).
2023 Nebraska Revised Statutes › Chapter 33 - Fees and Salaries › 33-133 - Notaries public; fees; governmental employee; limitation.

33-133.
Notaries public; fees; governmental employee; limitation.
Except as otherwise provided in this section, notaries public may charge and collect fees as follows: For each protest, one dollar; for recording the same, two dollars; for each notice of protest, two dollars; for taking affidavits and seal, two dollars; for administering oath or affirmation, two dollars; for each certificate and seal, five dollars; for taking acknowledgment of deed or other instrument, five dollars; and for each mile traveled in serving notice, mileage at the rate provided in section 81-1176. An employee of the state or its political subdivisions may not charge the fees prescribed in this section if his or her governmental employer paid the commission and bonding fees required of notaries public.
Source
R.S.1866, c. 19, § 19, p. 169;
Laws 1875, § 1, p. 84;
Laws 1911, c. 52, § 1, p. 235;
R.S.1913, § 2457;
C.S.1922, § 2399;
C.S.1929, § 33-138;
R.S.1943, § 33-133;
Laws 1981, LB 204, § 52;
Laws 1994, LB 1004, § 4;
Laws 2004, LB 315, § 1.
Annotations
It is the official duty of a notary public to give notice of dishonor of paper intrusted to him and this section provides the fee therefor. Williams v. Parks, 63 Neb. 747, 89 N.W. 395 (1902), 56 L.R.A. 759 (1902).
The fees paid to a notary public for presentation and protest of a negotiable instrument are incident to a recovery on the protested instrument and may be recovered as costs, but they are not part of the debt sued for and cannot be included as part of the amount in dispute when determining jurisdiction in a federal court. Baker v. Howell, 44 F. 113 (D. Neb. 1890).
2023 Nebraska Revised Statutes › Chapter 33 - Fees and Salaries › 33-135.01 - Constables; fees; mileage.

33-135.01.
Constables; fees; mileage.
Constables shall be allowed the same fees, including mileage, as are allowed sheriffs for like services as provided in section 33-117.
Source
Laws 1974, LB 739, § 3;
Laws 1981, LB 204, § 53.
2023 Nebraska Revised Statutes › Chapter 33 - Fees and Salaries › 33-136 - Sheriffs; fees; audit and allowance.

33-136.
Sheriffs; fees; audit and allowance.
The county boards of the several counties in this state are hereby authorized to audit and allow the fees that may be fixed by law for services that may hereafter be performed by sheriffs in their respective counties in the arrest and examination of offenders charged with felonies.
Source
Laws 1871, § 1, p. 133;
Laws 1903, c. 33, § 1, p. 282;
R.S.1913, § 2640;
C.S.1922, § 2402;
C.S.1929, § 33-141;
R.S.1943, § 33-136;
Laws 1969, c. 276, § 1, p. 1041;
Laws 1972, LB 1032, § 223;
Laws 1988, LB 1030, § 35.
Annotations
This section is constitutional and not in conflict with other statutory provisions. Boggs v. Board of Commissioners of Washington County, 10 Neb. 297, 4 N.W. 984 (1880).
2023 Nebraska Revised Statutes › Chapter 33 - Fees and Salaries › 33-138 - Juror; compensation; mileage.

33-138.
Juror; compensation; mileage.
(1) Each member of a grand or petit jury in a district court or county court shall receive for his or her services thirty-five dollars for each day employed in the discharge of his or her duties and mileage at the rate provided in section 81-1176 for each mile necessarily traveled. No juror is entitled to pay for the days he or she is voluntarily absent or excused from service by order of the court. No juror is entitled to pay for nonjudicial days unless actually employed in the discharge of his or her duties as a juror on such days.
(2) In the event that any temporary release from service, other than that obtained by the request of a juror, occasions an extra trip or trips to and from the residence of any juror or jurors the court may, by special order, allow mileage for such extra trip or trips.
(3) Payment of jurors for service in the district and county courts shall be made by the county.
(4) A juror may voluntarily waive payment under this section for his or her service as a juror.
Source
Laws 1867, § 2, p. 90;
Laws 1911, c. 51, § 1, p. 234;
R.S.1913, § 2463;
Laws 1919, c. 115, § 1, p. 280;
C.S.1922, § 2404;
Laws 1929, c. 105, § 1, p. 395;
C.S.1929, § 33-143;
Laws 1933, c. 62, § 1, p. 296;
C.S.Supp.,1941, § 33-143;
R.S.1943, § 33-138;
Laws 1947, c. 125, § 1, p. 364;
Laws 1957, c. 134, § 1, p. 450;
Laws 1965, c. 187, § 1, p. 578;
Laws 1969, c. 278, § 1, p. 1045;
Laws 1974, LB 736, § 1;
Laws 1981, LB 204, § 54;
Laws 1984, LB 13, § 75;
Laws 1991, LB 147, § 1;
Laws 2003, LB 760, § 14;
Laws 2012, LB865, § 3;
Laws 2020, LB387, § 46.
Annotations
A juror summoned for three weeks' service is entitled to be paid for every day except Sunday during the three weeks unless finally discharged before the three weeks have expired. Cochran v. Lancaster County, 94 Neb. 130, 142 N.W. 862 (1913).
A juror is entitled to compensation for every day that he is in attendance in court and not excused from service. Spalding v. Douglas County, 85 Neb. 265, 122 N.W. 889 (1909).
A juror who served on a jury impaneled in an insanity inquest was entitled to the fee provided by this section. Chappell v. Lancaster County, 84 Neb. 301, 120 N.W. 1116 (1909).
2023 Nebraska Revised Statutes › Chapter 33 - Fees and Salaries › 33-139.01 - Witness; certain employees; compensated for actual and necessary expenses; when.

33-139.01.
Witness; certain employees; compensated for actual and necessary expenses; when.
Notwithstanding any existing provision to the contrary, when any employee of the State of Nebraska or of any political subdivision thereof is called as a witness in connection with his or her officially assigned duties, or when any privately employed security guard is called as a witness by his or her employer in connection with his or her officially assigned duties, in any action or proceeding in any court in this state, he or she shall not receive any witness fee, attendance fee, or mileage fee which shall be taxed as court costs in such action or proceeding, except that he or she shall be compensated for his or her actual and necessary expenses when required to travel outside of the county of his or her residence. Payment for such actual and necessary expenses shall be made by the party who calls the employee as a witness.
For purposes of this section, volunteer firefighters and rescue squad members and persons authorized by a city or village ordinance or county resolution to issue handicapped parking citations in a volunteer capacity pursuant to section 18-1741.01 testifying in that capacity alone shall not be deemed employees of the State of Nebraska or of any political subdivision of this state.
Source
Laws 1972, LB 1162, § 2;
Laws 1973, LB 191, § 1;
C.S.Supp.,1974, § 26-173.01;
Laws 1975, LB 282, § 1;
Laws 1984, LB 703, § 1;
Laws 1985, LB 233, § 1;
Laws 1995, LB 593, § 10;
Laws 1996, LB 1211, § 12.
2023 Nebraska Revised Statutes › Chapter 33 - Fees and Salaries › 33-140 - Unclaimed witness fees; report to county board by clerk; when filed.

33-140.
Unclaimed witness fees; report to county board by clerk; when filed.
When witness fees are paid to the clerk of the district or county court in pursuance of judgment of the court and remain uncalled for by the parties entitled to the fees for the period of six months after they have been paid in, the clerk shall prepare a list, under oath, of the causes in which such fees have been paid and remain uncalled for, with the amounts in each cause and the date of judgment, and file the list with the county board of the respective county on the first Tuesday in January, April, July, and October in each year.
Source
Laws 1877, § 1, p. 225;
R.S.1913, § 6676;
C.S.1922, § 6213;
C.S.1929, § 77-2602;
R.S.1943, § 77-2401;
Laws 1972, LB 1032, § 271;
R.S.1943, (1986), § 77-2401;
Laws 1989, LB 11, § 1.
Annotations
County is entitled to any interest earned upon public funds in the hands of a county officer. Scotts Bluff County v. McHenry, 130 Neb. 717, 266 N.W. 586 (1936).
Section is constitutional. Douglas County v. Moores, 66 Neb. 284, 92 N.W. 199 (1902).
2023 Nebraska Revised Statutes › Chapter 33 - Fees and Salaries › 33-140.01 - Unclaimed witness fees; notice by county board; publication.

33-140.01.
Unclaimed witness fees; notice by county board; publication.
It shall be the duty of the county board, within twenty days after the filing of the list provided by section 33-140, to cause to be published in some weekly newspaper of general circulation, published in the county, for at least two consecutive issues of the paper, a notice in a form substantially as follows:
To whom it may concern: Report has been made to the county board of ............... County, Nebraska, by the clerk of the district or county court of the county, which report shows that there is now and has been for the last six months remaining in the hands of the clerk certain witness fees which have been uncalled for. If the fees are not called for within six months from .............. (insert the day upon which the first report was made), they will be considered as forfeited and will be paid into the common school fund of ............... County.
Source
Laws 1877, § 1, p. 225;
R.S.1913, § 6676;
C.S.1922, § 6213;
C.S.1929, § 77-2602;
R.S.1943, § 77-2402;
Laws 1972, LB 1032, § 272;
R.S.1943, (1986), § 77-2402;
Laws 1989, LB 11, § 2.
2023 Nebraska Revised Statutes › Chapter 33 - Fees and Salaries › 33-140.02 - Unclaimed witness fees; payment to county treasurer; credited to school fund.

33-140.02.
Unclaimed witness fees; payment to county treasurer; credited to school fund.
All unclaimed witness fees remaining in the hands of the clerk of the district or county court for the period of six months after the list has been filed with the county board shall be paid over to the county treasurer who shall receipt in duplicate for the fees, one of which receipts shall be filed with the county clerk. All such fees shall be credited to the common school fund of the county.
Source
Laws 1877, § 2, p. 226;
R.S.1913, § 6677;
C.S.1922, § 6214;
C.S.1929, § 77-2603;
R.S.1943, § 77-2403;
Laws 1972, LB 1032, § 273;
R.S.1943, (1986), § 77-2403;
Laws 1989, LB 11, § 3.
2023 Nebraska Revised Statutes › Chapter 33 - Fees and Salaries › 33-140.03 - Unclaimed witness fees; duty of county board to make examination; failure of clerk to pay; suit authorized to recover.

33-140.03.
Unclaimed witness fees; duty of county board to make examination; failure of clerk to pay; suit authorized to recover.
The county board shall examine the books and records of the clerk of the county and district courts of the county. If the board finds that a clerk has failed to report or pay over any of the fees required by section 33-140 to be paid over or reported, the board shall notify the clerk to pay over the fees at once. If the clerk fails to pay over such fees to the county treasurer, the county board shall commence suit in any court having jurisdiction against the clerk and the person who issued the clerk's bond. The action shall be commenced in the name of the county for the benefit of the common schools of the county.
Source
Laws 1877, § 3, p. 226;
R.S.1913, § 6678;
C.S.1922, § 6215;
C.S.1929, § 77-2604;
R.S.1943, § 77-2404;
R.S.1943, (1986), § 77-2404;
Laws 1989, LB 11, § 4;
Laws 2018, LB193, § 73.
Annotations
Legislature may impose condition that witness fees and costs shall be called for within a certain specified time. Douglas County v. Moores, 66 Neb. 284, 92 N.W. 199 (1902).
2023 Nebraska Revised Statutes › Chapter 33 - Fees and Salaries › 33-142 - Legal notices; separate contract rate; authorized.

33-142.
Legal notices; separate contract rate; authorized.
A public official or other legal notice purchaser who determines it is necessary or for purposes of public information desirable to publish a legal notice using (1) a type size larger than shown in the conversion table in section 33-141, (2) placement of the legal notice in a place more prominent than the regular legal notice portion of the legal newspaper, or (3) a legal newspaper with a paid statewide circulation in excess of one hundred thousand may negotiate with any legal newspaper for a separate contract rate different from the rates set forth in section 33-141 but no higher than the newspaper's lowest scheduled rate for classified advertisements of the type sought to be purchased.
Source
Laws 1989, LB 298, § 2.
2023 Nebraska Revised Statutes › Chapter 33 - Fees and Salaries › 33-143 - Legal notice; substitute notice; authorized.

33-143.
Legal notice; substitute notice; authorized.
If a legal notice required by any statute of this state cannot be purchased at the rate set forth in section 33-141 or at the fraction of that rate specified by the particular statute requiring the legal notice, the legal notice purchaser may substitute for published legal notice a form of legal notice which includes, but is not limited to, posting the notice for the full period specified in the statute at the place or places specified in the statute. If no place is specified, then the posting shall be in full public view at the regular meeting place or office of any public entity involved, at the place where the particular meeting, act, or event described by the notice is to occur, and on a public bulletin board in the municipal office building and the county office building of the municipality and county nearest to the place of the meeting, act, or event described in the notice.
Source
Laws 1989, LB 298, § 3.
2023 Nebraska Revised Statutes › Chapter 33 - Fees and Salaries › 33-145 - Court costs; how taxed and entered.

33-145.
Court costs; how taxed and entered.
In all actions, motions, and proceedings in the Supreme Court, Court of Appeals, district courts, separate juvenile courts, and county courts, the costs of the parties shall be taxed and entered on the record separately.
Source
R.S.1866, c. 19, § 26, p. 170;
R.S.1913, § 2470;
C.S.1922, §§ 2411, 2412;
C.S.1929, § 33-150;
R.S.1943, § 33-145;
Laws 1991, LB 1, § 4;
Laws 1991, LB 732, § 98.
Annotations
The requirement of this section is satisfied if a separate itemized statement of the costs appears on the margin of the record. Kissenger v. Staley, 44 Neb. 783, 63 N.W. 55 (1895).
It is the duty of the clerk to tax the costs of each party separately, and where all costs have been entered up in one general fee bill, a motion to retax the costs separately is proper. Wallace v. Flierschman, 22 Neb. 203, 34 N.W. 372 (1887).
Where the costs of each party have not been taxed separately and a motion to retax costs separately has been filed, the judgment may be reversed, not upon the merits, but only so far as is necessary to correct the error in the taxation of costs. Cooper & Co. v. Hall, 22 Neb. 168, 34 N.W. 349 (1887).
2023 Nebraska Revised Statutes › Chapter 33 - Fees and Salaries › 33-146 - Fees; refusal to pay; when justified.

33-146.
Fees; refusal to pay; when justified.
It shall be lawful for any person to refuse payment of fees to any officer who will not make out a fee bill signed by him if required, and also a receipt or discharge signed by him for fees paid.
Source
R.S.1866, c. 19, § 28, p. 171;
R.S.1913, § 2471;
C.S.1922, § 2413;
C.S.1929, § 33-151;
R.S.1943, § 33-146.
Annotations
Under this section the furnishing of an itemized bill of fees to the party for whom the services were rendered is a condition precedent to bringing suit to recover the fees if such a bill has been requested and the right to it has not been waived. Van Etten v. Selden, 36 Neb. 209, 54 N.W. 261 (1893).
2023 Nebraska Revised Statutes › Chapter 33 - Fees and Salaries › 33-148 - Fees; schedule; failure to post; penalty.

33-148.
Fees; schedule; failure to post; penalty.
All officers whose fees are prescribed in sections 33-101 to 33-147 are hereby required to make fair tables of their respective fees, and keep the same in their respective offices in some conspicuous place, for the inspection of all persons who shall have business in said offices. If any such officer shall neglect to keep a table of fees of his office as aforesaid, such officer shall, for each day of such neglect so to keep a table of fees of his office, forfeit and pay the sum of five dollars, to be recovered by action at law before the county court, for the use of the county in which the offense shall have been committed.
Source
R.S.1866, c. 19, § 31, p. 171;
R.S.1913, § 2473;
C.S.1922, § 2415;
C.S.1929, § 33-153;
R.S.1943, § 33-148;
Laws 1972, LB 1032, § 225.
2023 Nebraska Revised Statutes › Chapter 33 - Fees and Salaries › 33-151 - Fees of state boards and agencies; amount available for use of each.

33-151.
Fees of state boards and agencies; amount available for use of each.
All money now in the state treasury to the credit of the Board of Barber Examiners, the State Real Estate Commission, the Board of Engineers and Architects, the State Athletic Commissioner, the Nebraska Oil and Gas Conservation Commission pursuant to sections 57-906 and 57-911, and any other state board, bureau, division, fund, or commission not mentioned in this section, and all money collected by each of such boards, bureaus, divisions, or commissions during any biennium, if and when specifically appropriated by the Legislature for that purpose, are made immediately available for the use and benefit of such board, bureau, division, or commission. This section shall not be construed to apply to the fees inuring to the Nebraska Brand Inspection and Theft Prevention Fund.
Source
Laws 1941, c. 68, § 2, p. 295;
C.S.Supp.,1941, § 33-163;
Laws 1943, c. 89, § 1, p. 294;
R.S.1943, § 33-151;
Laws 1945, c. 77, § 1, p. 285;
Laws 1947, c. 126, § 1, p. 365;
Laws 1996, LB 33, § 2;
Laws 1999, LB 828, § 2;
Laws 2003, LB 242, § 4.
2023 Nebraska Revised Statutes › Chapter 33 - Fees and Salaries › 33-152 - Fees of state boards and agencies; withdrawal.

33-152.
Fees of state boards and agencies; withdrawal.
The Director of Administrative Services is authorized and empowered to draw his or her warrants against the several fee fund accounts of each of the special boards, bureaus, commissions, or divisions enumerated in section 33-151, upon duly itemized and verified vouchers approved by the person or persons having supervision or charge of the respective funds and who are authorized by law to approve such vouchers. Upon presentation of the warrants the State Treasurer shall countersign the same and shall pay the warrants out of, but never in excess of, the amount of the fee funds specifically appropriated.
Source
Laws 1941, c. 68, § 3, p. 295;
C.S.Supp.,1941, § 33-164;
R.S.1943, § 33-152;
Laws 1999, LB 828, § 3.
2023 Nebraska Revised Statutes › Chapter 33 - Fees and Salaries › 33-153 - Fees for acknowledgments, oaths, affirmations; report to county board; payment to county treasurer.

33-153.
Fees for acknowledgments, oaths, affirmations; report to county board; payment to county treasurer.
All fees received for taking acknowledgments, oaths and affirmations, by any county officer, or any deputy or employee in his office, whether received for taking acknowledgments, oaths and affirmations, in an official capacity as a county officer or while acting in the capacity of a notary public, must be reported to the county board and paid into the county treasury. Any person who shall violate any of the provisions of this section shall be guilty of a misdemeanor, and, upon conviction thereof, shall be fined in a sum not in excess of one hundred dollars. Any county officer or deputy so offending shall also be subject to removal from office.
Source
Laws 1943, c. 85, § 1, p. 285;
R.S.1943, § 33-153.
2023 Nebraska Revised Statutes › Chapter 33 - Fees and Salaries › 33-154 - Additional court cost; training fee.

33-154.
Additional court cost; training fee.
In addition to all other court costs assessed according to law, a training fee of one dollar shall be taxed as costs for each case filed in each county court and district court, including appeals to such courts, and for each appeal and original action filed in the Court of Appeals and the Supreme Court. The fees shall be remitted to the State Treasurer on forms prescribed by the State Treasurer within ten days after the end of each month. The State Treasurer shall credit the fees to the Supreme Court Education Fund.
Source
Laws 2003, LB 760, § 3.
2023 Nebraska Revised Statutes › Chapter 33 - Fees and Salaries › 33-155 - Additional court cost; dispute resolution fee.

33-155.
Additional court cost; dispute resolution fee.
In addition to all other court costs assessed according to law, a dispute resolution fee of seventy-five cents shall be taxed as costs for each case filed in each county court and district court, including appeals to such courts, and for each appeal and original action filed in the Court of Appeals and the Supreme Court. The fees shall be remitted to the State Treasurer on forms prescribed by the State Treasurer within ten days after the end of each month. The State Treasurer shall credit the fees to the Dispute Resolution Cash Fund.
Source
Laws 2003, LB 760, § 7.
2023 Nebraska Revised Statutes › Chapter 33 - Fees and Salaries › 33-156 - Additional court cost; indigent defense fee.

33-156.
Additional court cost; indigent defense fee.
(1) In addition to all other court costs assessed according to law, an indigent defense fee of three dollars shall be taxed as costs for each case filed in each county court and district court, including appeals to such courts, and for each appeal and original action filed in the Court of Appeals and the Supreme Court. The fees shall be remitted to the State Treasurer on forms prescribed by the State Treasurer within ten days after the end of the month. The State Treasurer shall credit the fees to the Commission on Public Advocacy Operations Cash Fund.
(2) In cases under the DNA Testing Act, costs shall be paid as provided in such act.
Source
Laws 1995, LB 646, § 13;
Laws 1997, LB 108, § 2;
Laws 2000, LB 1085, § 1;
Laws 2001, LB 659, § 18;
Laws 2002, LB 876, § 67;
R.S.Supp.,2002, § 29-3931;
Laws 2003, LB 760, § 12;
Laws 2005, LB 348, § 17.
Cross References
DNA Testing Act, see section 29-4116.
2023 Nebraska Revised Statutes › Chapter 33 - Fees and Salaries › 33-157 - Conviction for misdemeanor or felony; affirmation on appeal; additional assessment of cost; use; Nebraska Crime Victim Fund; created; use.

33-157.
Conviction for misdemeanor or felony; affirmation on appeal; additional assessment of cost; use; Nebraska Crime Victim Fund; created; use.
(1) In addition to all other costs assessed according to law, an assessment of one dollar shall be assessed for each conviction of a person for any misdemeanor or felony in county court or district court and each affirmation on appeal. No such assessment shall be collected in any juvenile court proceeding. No county shall be liable for the assessment imposed pursuant to this section. The assessments shall be remitted to the State Treasurer on forms prescribed by the State Treasurer within ten days after the end of the month.
(2) The Nebraska Crime Victim Fund is created. The fund shall contain the amounts remitted pursuant to subsection (1) of this section and section 83-184. The fund shall be administered by the Nebraska Commission on Law Enforcement and Criminal Justice. As soon as funds become available, the commission shall direct the State Treasurer to transfer money from the Nebraska Crime Victim Fund to the Department of Correctional Services Facility Cash Fund and the Supreme Court Automation Cash Fund to pay for the initial costs in implementing Laws 2010, LB510, in amounts to be determined by the Department of Correctional Services and the Supreme Court and certified to the commission. When such costs are fully reimbursed, the Nebraska Crime Victim Fund shall terminate and the State Treasurer shall distribute seventy-five percent of the funds remitted pursuant to subsection (1) of this section and section 83-184 to the Victim's Compensation Fund to be awarded as compensation for losses and expenses allowable under the Nebraska Crime Victim's Reparations Act and shall distribute twenty-five percent of such funds to the Reentry Cash Fund.
Source
Laws 2010, LB510, § 1.
Cross References
Nebraska Crime Victim's Reparations Act, see section 81-1841.
2023 Nebraska Revised Statutes › Chapter 34 - Fences, Boundaries, and Landmarks › 34-101 - Legislative findings.

34-101.
Legislative findings.
The Legislature finds the duty of adjoining landowners for the construction and maintenance of division fences to be beneficial to the public interest and welfare. Such benefits are not confined to historical and traditional societal benefits that accrue from the proper constraint of livestock, but also include suppression of civil disputes and public and private nuisances and the protection of public safety. Division fences promote the peace and security of society by the demarcation of rural boundaries, physical separation of conflicting land uses, enhancement of privacy, diminishment of frequency of public burden imposed by incidences of trespass and adverse possession, and the mitigation of impacts of conflicting land use intrusion into those areas of the state devoted to agricultural and horticultural use.
Source
Laws 2010, LB667, § 1.
2023 Nebraska Revised Statutes › Chapter 34 - Fences, Boundaries, and Landmarks › 34-102 - Division fence; adjoining landowners; construct and maintain just proportion of fence.

34-102.
Division fence; adjoining landowners; construct and maintain just proportion of fence.
(1) When there are two or more adjoining landowners, each of them shall construct and maintain a just proportion of the division fence between them. Just proportion means an equitable allocation of the portion of the fenceline to be physically constructed and maintained by each landowner or, in lieu thereof, an equitable contribution to the costs to construct and maintain the division fence to be made by either landowner. Unless otherwise specified in statute or by agreement of the parties, such equitable allocation shall be one which results in an equal burden of construction and maintenance of the division fence. This section shall not be construed to compel the erection and maintenance of a division fence if neither of the adjoining landowners desires such division fence.
(2) Unless the adjoining landowners have agreed otherwise, such fence shall be a wire fence as defined in subdivision (5) of section 34-115.
Source
R.S.1866, c. 1, § 13, p. 8;
R.S.1913, § 476;
Laws 1919, c. 94, § 2, p. 237;
C.S.1922, § 2418;
C.S.1929, § 34-102;
R.S.1943, § 34-102;
Laws 2007, LB108, § 3;
Laws 2010, LB667, § 2.
Cross References
Game and Parks Commission, division fence responsibilities, see section 37-1012.
Annotations
Failure of plaintiff to maintain just proportion of division fence did not justify or excuse trespass by defendant's cattle; this article provides remedy for defendant to compel plaintiff to maintain proportion of fence. Fiene v. Robertson, 184 Neb. 668, 171 N.W.2d 179 (1969).
A cause of action for contribution does not arise from the erection of a partition fence, in the absence of any agreement, unless the method provided by statute is followed. Burr v. Hamer, 12 Neb. 483, 11 N.W. 741 (1882).
2023 Nebraska Revised Statutes › Chapter 34 - Fences, Boundaries, and Landmarks › 34-103 - Maintenance; private nuisance.

34-103.
Maintenance; private nuisance.
Every person liable to contribute to the construction and maintenance of a division fence or any portion thereof shall maintain his or her portion in good repair, including the necessary removal or trimming of trees and woody growth within or encroaching upon the fenceline to repair or avoid damage to, or dislocation of, the division fence. The occurrence of trees and woody growth within or encroaching upon a division fence that causes damage to, or dislocation of, the fence shall constitute a private nuisance to the adjacent landowner's possessory interests in his or her land.
Source
Laws 2011, LB108, § 1.
2023 Nebraska Revised Statutes › Chapter 34 - Fences, Boundaries, and Landmarks › 34-112 - Division fence; injury or destruction; repair.

34-112.
Division fence; injury or destruction; repair.
Whenever a division fence is injured or destroyed by fire, floods, or other casualty, the person bound to construct and maintain such fence, or any part thereof, shall make repairs to the same, or his or her just proportion thereof, as provided in section 34-102.
Source
R.S.1866, c. 1, § 23, p. 9;
R.S.1913, § 2486;
C.S.1922, § 2426;
C.S.1929, § 34-110;
R.S.1943, § 34-112;
Laws 2007, LB108, § 4.
2023 Nebraska Revised Statutes › Chapter 34 - Fences, Boundaries, and Landmarks › 34-112.01 - Division fence; entry upon land authorized.

34-112.01.
Division fence; entry upon land authorized.
An owner of land may enter upon adjacent land owned by another person to construct, maintain, or repair a division fence pursuant to sections 34-102 and 34-112, but such access shall be allowed only to the extent reasonably necessary to construct, maintain, or repair the division fence. This section does not authorize any alterations to adjacent land owned by another person, including the removal of trees, buildings, or other obstacles, without the consent of the adjacent landowner or a court order or the removal of any items of personal property lying thereon without the consent of the adjacent landowner or a court order.
Source
Laws 2007, LB108, § 5.
2023 Nebraska Revised Statutes › Chapter 34 - Fences, Boundaries, and Landmarks › 34-112.03 - Division fence; changes made by Laws 2007, LB 108; applicability.

34-112.03.
Division fence; changes made by Laws 2007, LB 108; applicability.
The changes made to sections 34-102, 34-112, and 37-1012 by Laws 2007, LB 108, sections 34-112.01 and 34-112.02, and the repeal of sections 34-101, 34-103 to 34-111, and 34-113 by Laws 2007, LB 108, apply commencing on March 8, 2007, except that prior law applies to any division fence dispute commenced prior to such date.
Source
Laws 2007, LB108, § 7.
2023 Nebraska Revised Statutes › Chapter 34 - Fences, Boundaries, and Landmarks › 34-115 - Lawful fences, defined.

34-115.
Lawful fences, defined.
Lawful fences of different kinds used for fence to enclose lands shall be as hereinafter defined. (1) A rail fence shall consist of at least six rails, such rails to be secured by stakes at the end of each panel, well set in the ground, with a rider on the stakes. (2) A board fence shall consist of not less than three boards of at least five inches in width and one inch thick; such boards to be well secured to posts; the posts to be not more than eight feet apart. (3) A rail and post fence shall consist of at least three rails, well secured at each end to posts; the posts not to be more than ten feet apart. (4) A pole and post fence shall consist of not less than four poles, to be well secured to posts; the posts not to be more than seven feet apart. (5) A wire fence shall consist of at least four wires, of a size not less than number nine fencing wire, to be well secured to posts, the posts to be at no greater distance than one rod from each other; and there shall be placed between every two of the posts one stake or post to which the wire shall be attached. Any of such wires may be a barbed wire composed of two or more single wire strands twisted into a cable wire with metal barbs thereon averaging not more than five inches apart, each of such single wire strands to be of a size not less than number twelve and one-half gauge fencing wire. (6) A hog and sheep tight fence shall consist of one barb wire at the ground, next above, one section of woven wire twenty-six inches high, consisting of not less than seven strands, the upper and lower strands to be number nine wire, intermediate strands to be number eleven wire with stays not more than twelve inches apart, and at the top, three barb wires at intervals of six, nine, and nine inches; and the whole shall be securely fastened to posts at no greater distance than one rod from each other, and there shall be placed between every two of the posts one stake or post to which the wire shall be attached. (7) All other fences made and constructed of boards, rails, poles, stones, hedge plants, or other material which upon evidence is declared to be as strong and well calculated to protect enclosures and is as effective for resisting breaching stock shall be considered a lawful fence.
Source
Laws 1867 (Ter.), § 1, p. 17;
R.S.1913, § 2492;
Laws 1915, c. 43, § 18, p. 120;
C.S.1922, § 2431;
C.S.1929, § 34-115;
R.S.1943, § 34-115;
Laws 1947, c. 127, § 1, p. 366;
Laws 1999, LB 776, § 3.
Annotations
This section was not intended to apply to railroads. Chicago, B. & Q. R. R. Co. v. James, 26 Neb. 188, 41 N.W. 992 (1889).
Lawful wire fence must consist of at least four wires. Baltensperger v. United States, 174 F.Supp. 601 (D. Neb. 1959).
2023 Nebraska Revised Statutes › Chapter 34 - Fences, Boundaries, and Landmarks › 34-116 - Lawful fences; height and spaces.

34-116.
Lawful fences; height and spaces.
The fences described in section 34-115 shall be at least four and one-half feet in height; and in the construction of such fences the spaces between the boards, rails, poles, and wires shall not exceed one foot each, measuring from the top.
Source
Laws 1867 (Ter.), § 2, p. 17;
R.S.1913, § 2493;
C.S.1922, § 2432;
C.S.1929, § 34-116;
R.S.1943, § 34-116.
Annotations
This section was not intended to apply to railroads. Chicago, B. & Q. R. R. Co. v. James, 26 Neb. 188, 41 N.W. 992 (1889).
2023 Nebraska Revised Statutes › Chapter 34 - Fences, Boundaries, and Landmarks › 34-117 - Lawful fences; Warner's Patent; requirements.

34-117.
Lawful fences; Warner's Patent; requirements.
Fence known as Warner's Patent shall be at least four and one-half feet in height, and consist of not less than five boards; such boards to be of a width of not less than five inches, and one inch thick.
Source
Laws 1867 (Ter.), § 3, p. 18;
R.S.1913, § 2495;
C.S.1929, § 34-117;
R.S.1943, § 34-117.
Annotations
This section was not intended to apply to railroads. Chicago, B. & Q. R. R. Co. v. James, 26 Neb. 188, 41 N.W. 992 (1889).
2023 Nebraska Revised Statutes › Chapter 34 - Fences, Boundaries, and Landmarks › 34-201 - Preservation during construction and other work.

34-201.
Preservation during construction and other work.
It shall be the duty of every individual or corporation engaged either directly or indirectly in the construction of any irrigation ditch, drainage ditch, railroad, side track or spur track, or any other construction, or in any other activity whatsoever, that endangers or may endanger or may cause the loss or destruction of any landmark or corner of land surveys or boundaries, to employ the county surveyor of the county wherein they are situated to properly perpetuate or witness said landmarks and corners according to law.
Source
Laws 1929, c. 129, § 1, p. 479;
C.S.1929, § 34-201;
R.S.1943, § 34-201.
2023 Nebraska Revised Statutes › Chapter 34 - Fences, Boundaries, and Landmarks › 34-202 - Failure to protect; liability for damages.

34-202.
Failure to protect; liability for damages.
Any individual or corporation who shall fail to protect such landmarks or corners shall be responsible for all damage that may accrue to the party injured by reason of such loss or destruction.
Source
Laws 1929, c. 129, § 2, p. 479;
C.S.1929, § 34-202;
R.S.1943, § 34-202.
2023 Nebraska Revised Statutes › Chapter 35 - Fire Companies and Firefighters › 35-101 - Volunteer firefighters; exemptions enumerated; retired firefighters; exemptions.

35-101.
Volunteer firefighters; exemptions enumerated; retired firefighters; exemptions.
All volunteer members in good standing in any fire company or hook and ladder company in this state shall be exempt from militia duty in time of peace;
Provided,
that said certificate of exemption shall be approved and authorized by the council or board of trustees under the seal of the city or village in which the fire department issuing the same is located. When any member shall have retired from such company after having served ten years or more he shall be furnished a certificate of exemption. Any member in good standing in any fire company or hook and ladder company in this state on September 20, 1957, shall be furnished a certificate of exemption after five years of service;
Provided,
when a member serves in different fire companies or hook and ladder companies in this state, or at different times in the same company, he may add the years he previously served to his present membership in order to qualify for such exemption. Persons who received certificates of exemption for five years' service prior to September 20, 1957, shall be entitled to all exemptions theretofore enjoyed by holders of such certificates.
Source
Laws 1867 (Ter.), § 1, p. 16;
Laws 1871, § 1, p. 131;
G.S.1873, c. 24, § 1, p. 390;
R.S.1913, § 2496;
Laws 1915, c. 44, § 1, p. 122;
C.S.1922, § 2434;
C.S.1929, § 35-101;
R.S.1943, § 35-101;
Laws 1955, c. 126, § 1, p. 359;
Laws 1957, c. 135, § 1, p. 452;
Laws 1959, c. 143, § 2, p. 553;
Laws 1961, c. 166, § 1, p. 496;
Laws 1963, c. 194, § 1, p. 639;
Laws 1971, LB 14, § 1;
Laws 1972, LB 1032, § 226;
Laws 1973, LB 99, § 1.
Cross References
Military exemption, see sections 55-106 and 55-174.
2023 Nebraska Revised Statutes › Chapter 35 - Fire Companies and Firefighters › 35-102 - Volunteer fire department; number of members; apparatus.

35-102.
Volunteer fire department; number of members; apparatus.
No volunteer fire department shall have upon its rolls at one time more than twenty-five persons, for each engine and hose company in such fire department, and no hook and ladder company shall have upon its rolls at any one time more than twenty-five members. No organization shall be deemed to be a bona fide fire or hook and ladder company until it has procured for active service apparatus for the extinguishment or prevention of fires, in case of a hose company, to the value of seven hundred dollars, and of a hook and ladder company to the value of five hundred dollars.
Source
Laws 1867 (Ter.), § 2, p. 16;
G.S.1873, c. 24, § 2, p. 390;
R.S.1913, § 2497;
Laws 1915, c. 44, § 1, p. 122;
C.S.1922, § 2435;
C.S.1929, § 35-102;
R.S.1943, § 35-102;
Laws 2018, LB193, § 74.
2023 Nebraska Revised Statutes › Chapter 35 - Fire Companies and Firefighters › 35-103 - Volunteer firefighters; members in good standing.

35-103.
Volunteer firefighters; members in good standing.
Members in good standing are hereby defined to be those who keep their dues promptly paid up, and are present and render active service when called out for the legitimate purposes of their organization.
Source
Laws 1867 (Ter.), § 3, p. 16;
G.S.1873, c. 24, § 3, p. 390;
R.S.1913, § 2498;
C.S.1922, § 2436;
C.S.1929, § 35-103;
R.S.1943, § 35-103.
2023 Nebraska Revised Statutes › Chapter 35 - Fire Companies and Firefighters › 35-105 - Equipment; exemption from execution and sale.

35-105.
Equipment; exemption from execution and sale.
All fire engines, hose, hose carriages, ladders, buckets, and all vehicles, machinery, and appliances of every kind used or kept by incorporated cities, villages, or fire companies for the purpose of extinguishing fires are hereby exempt from execution and sale to satisfy any debt, judgment, or decree arising upon contract or otherwise. The provisions of this section shall not affect any voluntary lien created by bill of sale, security agreement as defined in article 9, Uniform Commercial Code, or otherwise, on such property, by the proper owner.
Source
Laws 1869, § 1, p. 17;
R.S.1913, § 2499;
C.S.1922, § 2438;
C.S.1929, § 35-105;
R.S.1943, § 35-105;
Laws 1972, LB 1055, § 1;
Laws 1999, LB 550, § 5.
2023 Nebraska Revised Statutes › Chapter 35 - Fire Companies and Firefighters › 35-106 - Fire insurance companies; occupation tax; levy; collection.

35-106.
Fire insurance companies; occupation tax; levy; collection.
The municipal authorities of any city of the first or second class or village, shall have authority, by ordinance, to impose an occupation tax of not more than five dollars per annum on each fire insurance corporation, company or association, doing business in such city or village, for the use, support, and benefit of volunteer fire departments, regularly organized under the laws of the State of Nebraska regulating the same. The municipal clerk shall collect with diligence the occupation tax so imposed. Upon the receipt of said tax the municipal clerk shall pay over the proceeds thereof to the municipal treasurer who shall credit the same to a fund to be known as special occupation tax fund for benefit of the volunteer fire department. Upon proper claim filed by the chief of the fire department and allowed by the local governing body of the municipality, the municipal treasurer shall pay over the proceeds of the tax in the fund from time to time for the use of the fire department, as hereinbefore provided.
Source
Laws 1895, c. 38, § 1, p. 167;
R.S.1913, § 2525;
C.S.1922, § 2448;
C.S.1929, § 35-401;
Laws 1939, c. 37, § 1, p. 190;
C.S.Supp.,1941, § 35-401;
R.S.1943, § 35-106.
Annotations
Volunteer fire department receives occupation taxes levied by city or village. State ex rel. Retchless v. Cook, 181 Neb. 863, 152 N.W.2d 23 (1967).
Ordinance of village imposing tax for support of fire department was not subject to construction as to meaning of the words doing business by proposed legislative amendment which was never enacted. Village of Axtell v. Nebraska Hardware Mutual Ins. Co., 142 Neb. 657, 7 N.W.2d 471 (1943).
Unless this section was merely declaratory of the law which existed when it was enacted, it is invalid because of its failure to refer to the existing laws which it amended. German-American Fire Ins. Co. v. City of Minden, 51 Neb. 870, 71 N.W. 995 (1897).
2023 Nebraska Revised Statutes › Chapter 35 - Fire Companies and Firefighters › 35-107 - Volunteer department; emergency first aid; members; immunity from liability; when.

35-107.
Volunteer department; emergency first aid; members; immunity from liability; when.
No member of a volunteer fire department or of a volunteer first-aid, rescue, or emergency squad which provides emergency public first-aid and rescue services shall be liable in any civil action to respond in damages as a result of his acts of commission or omission arising out of and in the course of his rendering in good faith any such services as such member but such immunity from liability shall not extend to the operation of any motor vehicle in connection with such services.
Nothing in this section shall be deemed to grant any such immunity to any person causing damage by his willful or wanton act of commission or omission.
Source
Laws 1963, c. 192, § 1, p. 638.
Annotations
To prevent a demurrer for lack of subject matter jurisdiction based on the immunity conferred by this section, the plaintiff must allege facts which show either that the general immunity does not apply or that the actions fall within the exceptions set forth in this section. Whether a public entity maintains private liability insurance at public expense is not a condition for immunity under this section. Drake v. Drake, 260 Neb. 530, 618 N.W.2d 650 (2000).