reglab/statecodes huggingface dataset:
2023 Nebraska Revised Statutes › Chapter 39 - Highways and Bridges › 39-2207 - Bonds; date; maturity; interest; redemption; sale.

39-2207.
Bonds; date; maturity; interest; redemption; sale.
The bonds shall be authorized by resolution or resolutions of the commission, bear such date or dates, mature at such time or times, bear interest at such rate or rates, be in such denominations, be in such form, either coupon or registered, carry such registration and conversion privileges, be executed in such manner, be payable in such medium of payment and at such place or places within or without the state, and be subject to such terms of redemption and such redemption price or prices as such resolution or resolutions may provide. The bonds may be sold by the commission, at public or private sale, at such price or prices as the commission shall determine.
Source
Laws 1969, c. 309, § 7, p. 1109;
Laws 2001, LB 420, § 29.
2023 Nebraska Revised Statutes › Chapter 39 - Highways and Bridges › 39-2208 - Interim receipts; exchangeable for definitive bonds; mutilated, destroyed, stolen, or lost; replacement; security.

39-2208.
Interim receipts; exchangeable for definitive bonds; mutilated, destroyed, stolen, or lost; replacement; security.
Prior to the preparation of definitive bonds, the commission may issue interim receipts or temporary bonds, with or without coupons, exchangeable for definitive bonds when such bonds shall have been executed and are available for delivery. The commission may also provide for the replacement of any bonds which shall become mutilated or shall be destroyed, stolen or lost. In so replacing any bonds, the commission shall take adequate security to protect against any loss which might be incurred as a result thereof.
Source
Laws 1969, c. 309, § 8, p. 1109.
2023 Nebraska Revised Statutes › Chapter 39 - Highways and Bridges › 39-2209 - Resolution authorizing issuance of bonds; contents.

39-2209.
Resolution authorizing issuance of bonds; contents.
Any resolution or resolutions of the commission authorizing any bonds or any issue thereof may contain provisions, consistent with the Nebraska Highway Bond Act and not in derogation or limitation of such act, which shall be a part of the contract with the holders thereof, as to:
(1) Pledging all or any part of the money in the fund, the State Highway Capital Improvement Fund, or the bond fund, as the case may be, to secure the payment of the bonds, subject to such agreements with the bondholders as may then prevail;
(2) The use and disposition of money in the fund, the State Highway Capital Improvement Fund, or the bond fund;
(3) The setting aside of reserves, sinking funds, or arbitrage rebate funds and the funding, regulation, and disposition thereof;
(4) Limitations on the purpose to which the proceeds from the sale of bonds may be applied;
(5) Limitations on the issuance of additional bonds and on the retirement of outstanding or other bonds pursuant to the Nebraska Highway Bond Act;
(6) The procedure by which the terms of any agreement with bondholders may be amended or abrogated, the amount of bonds the holders of which must consent thereto, and the manner in which such consent may be given;
(7) Vesting in a bank or trust company as paying agent such rights, powers, and duties as the commission may determine, vesting in a trustee appointed by the bondholders pursuant to the Nebraska Highway Bond Act such rights, powers, and duties as the commission may determine, and limiting or abrogating the right of the bondholders to appoint a trustee under such act or limiting the rights, powers, and duties of such trustee;
(8) Providing for a municipal bond insurance policy, surety bond, letter of credit, or other credit support facility or liquidity facility; and
(9) Any other matters, of like or different character, which in any way affect the security or protection of the bonds.
Source
Laws 1969, c. 309, § 9, p. 1109;
Laws 1988, LB 632, § 4;
Laws 2023, LB727, § 33.
Operative Date: June 7, 2023
2023 Nebraska Revised Statutes › Chapter 39 - Highways and Bridges › 39-2210 - Commission; retirement of bonds; powers.

39-2210.
Commission; retirement of bonds; powers.
The commission, subject to such agreements with bondholders as may then prevail, shall have the power out of any money available therefor to purchase the bonds for retirement.
Source
Laws 1969, c. 309, § 10, p. 1110.
2023 Nebraska Revised Statutes › Chapter 39 - Highways and Bridges › 39-2211 - Commission; bonds; issuance; agreements; contents; powers.

39-2211.
Commission; bonds; issuance; agreements; contents; powers.
In addition to the powers conferred upon the commission to secure the bonds in the Nebraska Highway Bond Act, the commission shall have power in connection with the issuance of bonds to enter into such agreements, consistent with the act and not in derogation or limitation of the act, as it may deem necessary, convenient, or desirable concerning the use or disposition of the money in the fund, the State Highway Capital Improvement Fund, or the bond fund including the pledging or creation of any security interest in such money and the doing of or refraining from doing any act which the commission would have the right to do to secure the bonds in the absence of such agreements. The commission shall have the power to enter into amendments of any such agreements, consistent with the Nebraska Highway Bond Act and not in derogation or limitation of the act, within the powers granted to the commission by the act and to perform such agreements. The provisions of any such agreements may be made a part of the contract with the holders of the bonds.
Source
Laws 1969, c. 309, § 11, p. 1110;
Laws 1988, LB 632, § 5;
Laws 2023, LB727, § 34.
Operative Date: June 7, 2023
2023 Nebraska Revised Statutes › Chapter 39 - Highways and Bridges › 39-2212 - Pledge or security agreement; lien on funds.

39-2212.
Pledge or security agreement; lien on funds.
Any pledge or security instrument made by the commission shall be valid and binding from the time when the pledge or security instrument is made. The money in the fund, the State Highway Capital Improvement Fund, or the bond fund so pledged and entrusted shall immediately be subject to the lien of such pledge or security instrument upon the deposit thereof in the fund without any physical delivery thereof or further act. The lien of any such pledge or security instrument shall be valid and binding as against all parties having subsequently arising claims of any kind in tort, contract, or otherwise, irrespective of whether such parties have notice thereof. Neither the resolution nor any security instrument or other instrument by which a pledge or other security is created need be recorded or filed and the commission shall not be required to comply with any of the provisions of the Uniform Commercial Code.
Source
Laws 1969, c. 309, § 12, p. 1111;
Laws 1988, LB 632, § 6;
Laws 2023, LB727, § 35.
Operative Date: June 7, 2023
2023 Nebraska Revised Statutes › Chapter 39 - Highways and Bridges › 39-2213 - Bonds; special obligations of state; payment.

39-2213.
Bonds; special obligations of state; payment.
The bonds shall be special obligations of the state payable solely and only from the fund, the State Highway Capital Improvement Fund, or the bond fund, as the case may be, and neither the members of the commission nor any person executing the bonds shall be liable thereon. Such bonds shall not be a general obligation debt of this state and they shall contain on the face thereof a statement to such effect.
Source
Laws 1969, c. 309, § 13, p. 1111;
Laws 1988, LB 632, § 7;
Laws 2023, LB727, § 36.
Operative Date: June 7, 2023
2023 Nebraska Revised Statutes › Chapter 39 - Highways and Bridges › 39-2213.01 - Build Nebraska Act; highway construction projects; bonds; special obligations of state; payment; exempt from taxation and assessments; waiver of exemption.

39-2213.01.
Build Nebraska Act; highway construction projects; bonds; special obligations of state; payment; exempt from taxation and assessments; waiver of exemption.
The bonds issued pursuant to section 39-2203.01 shall be special obligations of the state payable solely and only from the State Highway Capital Improvement Fund and any other funds specifically pledged by the commission for such purpose, and neither the members of the commission nor any person executing the bonds shall be liable thereon. Such bonds shall not be a general obligation or debt of the state, and they shall contain on the face thereof a statement to such effect. Such bonds, and the transfer of and the income from any such bonds, shall be exempt from all taxation and assessments in this state. In the resolution authorizing the bonds, the commission may waive the exemption from federal income taxation for interest on the bonds.
Source
Laws 2023, LB727, § 31.
Operative Date: June 7, 2023
2023 Nebraska Revised Statutes › Chapter 39 - Highways and Bridges › 39-2214 - State; pledge with holders of bonds.

39-2214.
State; pledge with holders of bonds.
The state pledges and agrees with the holders of any bonds issued under the Nebraska Highway Bond Act that it will not limit or alter or in any way impair the rights and remedies of such holders until such bonds, together with the interest thereon, the interest on any unpaid installments of interest, and all costs and expenses for which the commission is liable in connection with any action or proceeding by or on behalf of such holders, are fully met and discharged.
Source
Laws 1969, c. 309, § 14, p. 1111;
Laws 1988, LB 632, § 8.
2023 Nebraska Revised Statutes › Chapter 39 - Highways and Bridges › 39-2215.01 - Highway Restoration and Improvement Bond Fund; created; use; investment.

39-2215.01.
Highway Restoration and Improvement Bond Fund; created; use; investment.
(1) There is hereby created in the state treasury a fund to be known as the Highway Restoration and Improvement Bond Fund.
(2) If bonds are issued pursuant to subsection (2) of section 39-2223, all motor vehicle fuel taxes, diesel fuel taxes, compressed fuel taxes, and alternative fuel fees related to highway use, motor vehicle registration fees, and other highway-user taxes which are retained by the state and allocated to the bond fund from the Highway Trust Fund shall be hereby irrevocably pledged for the terms of the bonds issued after July 1, 1988, to the payment of the principal, interest, and redemption premium, if any, of such bonds as they mature and become due at maturity or prior redemption and for any reserves therefor and shall, as received by the State Treasurer, be deposited directly in the bond fund for such purpose. Of the money in the bond fund not required for such purpose, such remaining money may be used for the purchase for retirement of the bonds in the open market or for any other lawful purpose related to the issuance of bonds, and the balance, if any, shall be transferred monthly to the Highway Cash Fund for such use as may be provided by law.
(3) The State Treasurer shall disburse the money in the bond fund as directed by resolution of the commission. All disbursements from the bond fund shall be made upon warrants drawn by the Director of Administrative Services. Any money in the bond fund available for investment shall be invested by the state investment officer pursuant to the Nebraska Capital Expansion Act and the Nebraska State Funds Investment Act.
Source
Laws 1988, LB 632, § 10;
Laws 1990, LB 602, § 2;
Laws 1994, LB 1066, § 26;
Laws 1994, LB 1160, § 50;
Laws 1995, LB 182, § 23;
Laws 2011, LB289, § 4.
Cross References
Nebraska Capital Expansion Act, see section 72-1269.
Nebraska State Funds Investment Act, see section 72-1260.
2023 Nebraska Revised Statutes › Chapter 39 - Highways and Bridges › 39-2215.02 - State Highway Capital Improvement Fund; pledged for bonds; disbursement; investment.

39-2215.02.
State Highway Capital Improvement Fund; pledged for bonds; disbursement; investment.
(1) If bonds are issued pursuant to subsection (3) of section 39-2223, seventy million dollars of the funds annually retained by the state and allocated to the State Highway Capital Improvement Fund pursuant to subsection (4) of section 39-2215 shall be hereby irrevocably pledged for the terms of the bonds to the payment of the principal, interest, and redemption premium, if any, of such bonds as they mature and become due at maturity or prior redemption and for any reserves therefor and shall, as received by the State Treasurer, be deposited directly in the State Highway Capital Improvement Fund for such purpose. Of the money in the State Highway Capital Improvement Fund not required for such purpose, such remaining money may be used as prescribed in section 39-2704.
(2) The State Treasurer shall disburse the money in the State Highway Capital Improvement Fund as directed by resolution of the commission. All disbursements from the State Highway Capital Improvement Fund shall be made upon warrants drawn by the Director of Administrative Services. Any money in the State Highway Capital Improvement Fund available for investment shall be invested by the state investment officer pursuant to the Nebraska Capital Expansion Act and the Nebraska State Funds Investment Act.
Source
Laws 2023, LB727, § 38.
Operative Date: June 7, 2023
Cross References
Nebraska Capital Expansion Act, see section 72-1269.
Nebraska State Funds Investment Act, see section 72-1260.
2023 Nebraska Revised Statutes › Chapter 39 - Highways and Bridges › 39-2216 - Legislature; holders of bonds; pledges not to repeal, diminish, or apply funds for other uses.

39-2216.
Legislature; holders of bonds; pledges not to repeal, diminish, or apply funds for other uses.
The Legislature hereby irrevocably pledges and agrees with the holders of the bonds issued under the Nebraska Highway Bond Act that so long as such bonds remain outstanding and unpaid it shall not repeal, diminish, or apply to any other purposes the motor vehicle fuel taxes, diesel fuel taxes, compressed fuel taxes, and alternative fuel fees related to highway use, motor vehicle registration fees, and such other highway-user taxes which may be imposed by state law and allocated to the fund, the State Highway Capital Improvement Fund, or the bond fund, as the case may be, if to do so would result in fifty percent of the amount deposited in the fund, the State Highway Capital Improvement Fund, or the bond fund in each year being less than the amount equal to the maximum annual principal and interest requirements of such bonds.
Source
Laws 1969, c. 309, § 16, p. 1112;
Laws 1988, LB 632, § 11;
Laws 1994, LB 1160, § 51;
Laws 1995, LB 182, § 24;
Laws 2011, LB289, § 5;
Laws 2023, LB727, § 39.
Operative Date: June 7, 2023
2023 Nebraska Revised Statutes › Chapter 39 - Highways and Bridges › 39-2217 - Bondholders; rights protected; suit at law or in equity.

39-2217.
Bondholders; rights protected; suit at law or in equity.
Any holder of bonds issued under the Nebraska Highway Bond Act or any of the coupons appertaining thereto, except to the extent the rights given by such act may be restricted by resolution of the commission, may, either at law or in equity, by suit, action, mandamus, or other proceeding, protect and enforce any and all rights under the laws of this state or as granted under the act or under the resolution authorizing the issuance of the bonds and may enforce and compel the performance of all duties required by such laws, by such act, or by such resolution to be performed by the commission or by any employee thereof.
Source
Laws 1969, c. 309, § 17, p. 1112;
Laws 1988, LB 632, § 12.
2023 Nebraska Revised Statutes › Chapter 39 - Highways and Bridges › 39-2218 - Bonds; legal obligations; investment.

39-2218.
Bonds; legal obligations; investment.
The bonds are hereby made securities in which all public officers, boards, agencies, and bodies of the state, its counties, political subdivisions, public corporations, and municipalities and the officers, boards, agencies or bodies of any of them, all insurance companies and associations and other persons carrying on an insurance business, all banks, trust companies, savings associations, including savings and loan associations, building and loan associations, investment companies and other persons carrying on a banking business, all administrators, guardians, executors, trustees, and other fiduciaries, and all other persons who are now or who may hereafter be authorized to invest in notes, bonds, or other obligations of the state, may properly and legally invest funds including capital in their control or belonging to them. Notwithstanding any other provision of law, the bonds are also hereby made securities which may be deposited with and shall be received by all public officers, boards, agencies, and bodies of this state, its counties, political subdivisions, public corporations and municipalities, and the officers, boards, agencies or bodies of any of them for any purpose for which the deposit of notes, bonds, or other obligations of the state is now or may be hereafter authorized.
Source
Laws 1969, c. 309, § 18, p. 1113.
2023 Nebraska Revised Statutes › Chapter 39 - Highways and Bridges › 39-2219 - Bonds; interest; exempt from taxation.

39-2219.
Bonds; interest; exempt from taxation.
It is hereby found, determined, and declared that there exists a need for the construction of highways in this state requiring the issuance of bonds by the commission acting for and on behalf of the state, all as more fully provided in the Nebraska Highway Bond Act, that the creation of the commission and the carrying out of its purpose are in all respects for the benefit of the people of this state and for the improvement of their health, welfare, and prosperity and constitute a public purpose, and that such bonds, the interest thereon, and the income therefrom shall at all times be exempt from taxation by this state or any political subdivision of this state.
Source
Laws 1969, c. 309, § 19, p. 1113;
Laws 1988, LB 632, § 13.
2023 Nebraska Revised Statutes › Chapter 39 - Highways and Bridges › 39-2221 - Act, how construed.

39-2221.
Act, how construed.
The Nebraska Highway Bond Act is supplemental to existing statutes and shall not be construed as repealing or amending existing statutes but shall be construed harmoniously and implemented compatibly with them.
Source
Laws 1969, c. 309, § 21, p. 1113;
Laws 1988, LB 632, § 14.
2023 Nebraska Revised Statutes › Chapter 39 - Highways and Bridges › 39-2222 - Act, how cited.

39-2222.
Act, how cited.
Sections 39-2201 to 39-2226 shall be known and may be cited as the Nebraska Highway Bond Act.
Source
Laws 1969, c. 309, § 22, p. 1113;
Laws 1988, LB 632, § 15;
Laws 2023, LB727, § 40.
Operative Date: June 7, 2023
2023 Nebraska Revised Statutes › Chapter 39 - Highways and Bridges › 39-2224 - Bonds; sale; proceeds; appropriated to Highway Cash Fund or State Highway Capital Improvement Fund.

39-2224.
Bonds; sale; proceeds; appropriated to Highway Cash Fund or State Highway Capital Improvement Fund.
(1) The proceeds of the sale of bonds authorized by subsection (1) of section 39-2223 are hereby appropriated to the Highway Cash Fund of the Department of Transportation, for the biennium ending June 30, 1977, for expenditure for the construction of highways.
(2) The proceeds of the sale of bonds authorized by subsection (2) of section 39-2223 are hereby appropriated to the Highway Cash Fund of the Department of Transportation for expenditure for highway construction, resurfacing, reconstruction, rehabilitation, and restoration and for the elimination or alleviation of cash-flow problems resulting from the receipt of federal funds.
(3) The proceeds of the sale of bonds authorized by subsection (3) of section 39-2223 are hereby appropriated to the State Highway Capital Improvement Fund of the Department of Transportation for use pursuant to the Build Nebraska Act.
Source
Laws 1969, c. 314, § 2, p. 1132;
Laws 1975, LB 401, § 2;
Laws 1988, LB 632, § 17;
Laws 2017, LB339, § 160;
Laws 2023, LB727, § 42.
Operative Date: June 7, 2023
Cross References
Build Nebraska Act, see section 39-2701.
2023 Nebraska Revised Statutes › Chapter 39 - Highways and Bridges › 39-2225 - Highway Cash Fund; warrants.

39-2225.
Highway Cash Fund; warrants.
The Director of Administrative Services shall draw his warrants upon the Highway Cash Fund for, but never in excess of, the amount herein appropriated upon presentation of proper vouchers. The State Treasurer shall pay such warrants out of the Highway Cash Fund.
Source
Laws 1969, c. 314, § 3, p. 1132.
2023 Nebraska Revised Statutes › Chapter 39 - Highways and Bridges › 39-2226 - Commission; issue refunding bonds; when; procedure; proceeds; how invested; safekeeping; when considered as outstanding and unpaid.

39-2226.
Commission; issue refunding bonds; when; procedure; proceeds; how invested; safekeeping; when considered as outstanding and unpaid.
For the purpose of refunding present and future bonded indebtedness issued pursuant to the Nebraska Highway Bond Act, the commission may issue, without further legislative authorization, refunding bonds with which to call and redeem all or any part of such outstanding bonds at or before the maturity or the redemption date thereof, may include various series and issues of the outstanding bonds in a single issue of refunding bonds, and may issue refunding bonds to pay any redemption premium and interest to accrue and become payable on the outstanding bonds being refunded. The refunding bonds may be issued and delivered at any time prior to the date of maturity or the redemption date of the bonds to be refunded that the commission determines to be in the best interests of the state. The refunding bonds shall, except as specifically provided in this section, be issued in accordance with such act. The proceeds derived from the sale of refunding bonds issued pursuant to this section may be invested in obligations of or guaranteed by the United States Government pending the time the proceeds are required for the purposes for which refunding bonds are issued, and to further secure the refunding bonds, the commission may enter into a contract with any bank or trust company, within or without the state, with respect to the safekeeping and application of the proceeds of the refunding bonds and the safekeeping and application of the earnings on the investment. Such contract shall become a part of the contract with the holders of the refunding bonds. Bonds refunded by such refunding bonds, which have been called for redemption or with respect to which the bond trustee or paying agent has irrevocable instructions to call such bonds for redemption on a date certain in accordance with the terms thereof, and which have sufficient funds or obligations of, or guaranteed by, the United States Government set aside in safekeeping to be applied for the complete payment of such bonds, interest thereon, and redemption premium, if any on the redemption date, shall not be considered as outstanding and unpaid bonds with respect to the limitations set forth in section 39-2205.
Source
Laws 1975, LB 401, § 3;
Laws 1988, LB 632, § 18.
2023 Nebraska Revised Statutes › Chapter 39 - Highways and Bridges › 39-2301 - Act, how cited; legislative findings.

39-2301.
Act, how cited; legislative findings.
(1) Sections 39-2301 to 39-2311 shall be known and may be cited as the County Highway and City Street Superintendents Act.
(2) The Legislature finds that in order to safeguard life, health, and property, and in order to further professional management of county road and municipal street programs, persons practicing or offering to practice street or highway superintending in this state are encouraged to become licensed as provided in the act.
Source
Laws 1969, c. 144, § 1, p. 665;
Laws 2003, LB 500, § 1.
2023 Nebraska Revised Statutes › Chapter 39 - Highways and Bridges › 39-2301.01 - Terms, defined.

39-2301.01.
Terms, defined.
For purposes of the County Highway and City Street Superintendents Act, unless the context otherwise requires:
(1) Board of examiners means the Board of Examiners for County Highway and City Street Superintendents;
(2) City street superintendent means a person who engages in the practice of street superintending for an incorporated municipality;
(3) County highway superintendent means a person who engages in the practice of highway superintending for a county; and
(4) Street or highway superintending means assisting an incorporated municipality or a county in the following:
(a) Developing and annually updating long-range plans or programs based on needs and coordinated with adjacent local governmental units;
(b) Developing annual programs for design, construction, and maintenance;
(c) Developing annual budgets based on programmed projects and activities;
(d) Implementing the capital improvements and maintenance activities provided in the approved plans, programs, and budgets; and
(e) Managing personnel, contractors, and equipment in support of such planning, programming, budgeting, and implementation operations.
Source
Laws 2003, LB 500, § 2;
Laws 2021, LB174, § 4.
2023 Nebraska Revised Statutes › Chapter 39 - Highways and Bridges › 39-2302 - Incentive payments; county highway or city street superintendents; requirements.

39-2302.
Incentive payments; county highway or city street superintendents; requirements.
No person shall be appointed by any county as a county highway superintendent or by any municipality as a city street superintendent to qualify for the incentive payments provided in sections 39-2501 to 39-2505 for counties and municipal counties or sections 39-2511 to 39-2515 for municipalities and municipal counties unless he or she has been licensed under the County Highway and City Street Superintendents Act or is exempt from such licensure requirement as provided in section 39-2504 or 39-2514.
Source
Laws 1969, c. 144, § 2, p. 665;
Laws 2003, LB 500, § 3;
Laws 2021, LB174, § 5.
2023 Nebraska Revised Statutes › Chapter 39 - Highways and Bridges › 39-2305 - Board of examiners; office space; equipment; meetings.

39-2305.
Board of examiners; office space; equipment; meetings.
The board of examiners shall be furnished necessary office space, furniture, equipment, stationery, and clerical assistance by the Department of Transportation. The board shall organize itself by selecting from among its members a chairperson and such other officers as it may find desirable. The board shall meet at such times at the headquarters of the department in Lincoln, Nebraska, as may be necessary for the administration of the County Highway and City Street Superintendents Act.
Source
Laws 1969, c. 144, § 5, p. 666;
Laws 2003, LB 500, § 5;
Laws 2017, LB339, § 161.
2023 Nebraska Revised Statutes › Chapter 39 - Highways and Bridges › 39-2306 - Class B license; application; fee; exceptions.

39-2306.
Class B license; application; fee; exceptions.
(1) Any person desiring to be issued a Class B license under section 39-2308 shall apply to the board of examiners upon forms prescribed and furnished by the board. Such application shall be accompanied by an application fee of twenty-five dollars.
(2) Any professional engineer licensed pursuant to the Engineers and Architects Regulation Act shall be entitled to a Class B license under section 39-2308 without examination.
Source
Laws 1969, c. 144, § 6, p. 667;
Laws 1997, LB 622, § 61;
Laws 1997, LB 752, § 94;
Laws 2003, LB 500, § 6;
Laws 2021, LB174, § 7.
Cross References
Engineers and Architects Regulation Act, see section 81-3401.
2023 Nebraska Revised Statutes › Chapter 39 - Highways and Bridges › 39-2307 - Board of examiners; examinations; conduct; test qualifications of applicants for Class B licenses.

39-2307.
Board of examiners; examinations; conduct; test qualifications of applicants for Class B licenses.
The board of examiners shall, twice each year, conduct examinations of applicants for Class B licenses under section 39-2308. Such examinations shall be designed to test the qualifications of applicants for the position of county highway superintendent or city street superintendent and shall cover the ability to assist in:
(1) Developing and annually updating long-range plans or programs based on needs and coordinated with adjacent local governmental units;
(2) Developing annual programs for design, construction, and maintenance;
(3) Developing annual budgets based on programmed projects and activities; and
(4) Implementing the capital improvements and maintenance activities provided in the approved plans, programs, and budgets.
Source
Laws 1969, c. 144, § 7, p. 667;
Laws 2003, LB 500, § 7;
Laws 2021, LB174, § 8.
2023 Nebraska Revised Statutes › Chapter 39 - Highways and Bridges › 39-2308 - Class B license; term; renewal; fee.

39-2308.
Class B license; term; renewal; fee.
Any person satisfactorily completing the examination required by section 39-2307 or exempt from such examination under subsection (2) of section 39-2306 shall be issued a Class B license as a county highway and city street superintendent. Such license shall be valid for a period of three years and shall be renewable upon the payment of a fee of thirty dollars.
Source
Laws 1969, c. 144, § 8, p. 668;
Laws 2003, LB 500, § 8;
Laws 2018, LB733, § 1;
Laws 2021, LB174, § 9.
2023 Nebraska Revised Statutes › Chapter 39 - Highways and Bridges › 39-2308.01 - Class A license; application; qualifications; fees; term; renewal.

39-2308.01.
Class A license; application; qualifications; fees; term; renewal.
Any person holding a Class B license issued pursuant to section 39-2308 may apply to the board of examiners for a Class A license upon forms prescribed and furnished by the board upon submitting evidence that (1) he or she has been employed and appointed by one or more county or counties or municipality or municipalities as a county highway or city street superintendent on at least a half-time basis for at least two years within the past six years or (2) he or she has at least four years' experience in work comparable to street or highway superintending, on at least a half-time basis, within the past eight years. Such application shall be accompanied by a fee of seventy-five dollars. A Class A license shall be valid for a period of three years and shall be renewable for three years as provided in section 39-2308.02 upon payment of a fee of fifty dollars.
Source
Laws 2003, LB 500, § 9;
Laws 2018, LB733, § 2;
Laws 2021, LB174, § 10.
2023 Nebraska Revised Statutes › Chapter 39 - Highways and Bridges › 39-2308.02 - Class A license; renewal; professional development required.

39-2308.02.
Class A license; renewal; professional development required.
(1) As a condition for renewal of a license issued pursuant to section 39-2308.01, the holder of a Class A license shall be required to have successfully completed twenty hours of professional development within the preceding three years. Any license holder who completes in excess of twenty hours of professional development within the preceding three years may have the excess, not to exceed ten hours, applied to the requirement for the next triennium.
(2) The board of examiners shall not renew the Class A license of a license holder who has failed to complete the professional development requirements pursuant to subsection (1) of this section unless he or she can show good cause why he or she was unable to comply with such requirements. If the board determines that good cause was shown, the board shall permit such license holder to make up all outstanding required hours of professional development. If the board determines that good cause was not shown or if the license holder requests renewal as a Class B licensee, the board shall issue a Class B license. Renewal of such Class B license shall be governed by section 39-2308.
(3) A holder of a Class B license who previously held a Class A license may be reissued a Class A license by:
(a) Electing to either:
(i) Complete one and one-half of the triennial requirements for professional development as set forth in the rules and regulations of the board; or
(ii) Reapply under section 39-2308.01; and
(b) Paying the seventy-five-dollar Class A application fee.
Source
Laws 2003, LB 500, § 10.
2023 Nebraska Revised Statutes › Chapter 39 - Highways and Bridges › 39-2308.03 - County highway and city street superintendent licenses; reissuance; renewal.

39-2308.03.
County highway and city street superintendent licenses; reissuance; renewal.
(1) Beginning on August 28, 2021:
(a) A county highway superintendent license or city street superintendent license, whether of Class A or Class B, issued prior to August 28, 2021, is deemed to be a county highway and city street superintendent license;
(b) The holder of any Class A license or licenses shall have such license or licenses reissued as a single Class A county highway and city street superintendent license;
(c) The holder of any Class A license and any Class B license shall have such licenses reissued as a single Class A county highway and city street superintendent license; and
(d) The holder of any Class B license or licenses who does not hold any Class A license shall have such Class B license or licenses reissued as a single Class B county highway and city street superintendent license.
(2) A license reissued under subsection (1) of this section shall remain on the same triennial renewal cycle as the license or licenses replaced.
Source
Laws 2003, LB 500, § 11;
Laws 2018, LB733, § 3;
Laws 2021, LB174, § 11.
2023 Nebraska Revised Statutes › Chapter 39 - Highways and Bridges › 39-2309 - License; suspension; revocation; grounds; hearing; notice.

39-2309.
License; suspension; revocation; grounds; hearing; notice.
The board of examiners may suspend or revoke any license issued under the County Highway and City Street Superintendents Act for fraud or deceit in obtaining it, neglect of duty, or incompetence in the performance of duty. Such action shall only be taken after notice and hearing under the provisions of the Administrative Procedure Act.
Source
Laws 1969, c. 144, § 9, p. 668;
Laws 2003, LB 500, § 12.
Cross References
Administrative Procedure Act, see section 84-920.
2023 Nebraska Revised Statutes › Chapter 39 - Highways and Bridges › 39-2310 - Funds received under act; use.

39-2310.
Funds received under act; use.
All funds received under the County Highway and City Street Superintendents Act shall be remitted to the State Treasurer for credit to the Highway Cash Fund. Expenses of the members of the board of examiners as provided in section 39-2304 shall be paid by the Department of Transportation from the Highway Cash Fund.
Source
Laws 1969, c. 144, § 10, p. 668;
Laws 1971, LB 53, § 4;
Laws 1972, LB 1496, § 1;
Laws 2003, LB 500, § 13;
Laws 2017, LB339, § 162.
2023 Nebraska Revised Statutes › Chapter 39 - Highways and Bridges › 39-2311 - Rules and regulations.

39-2311.
Rules and regulations.
The board of examiners may adopt and promulgate rules and regulations for the administration of the County Highway and City Street Superintendents Act.
Source
Laws 1969, c. 144, § 11, p. 668;
Laws 2003, LB 500, § 14.
2023 Nebraska Revised Statutes › Chapter 39 - Highways and Bridges › 39-2401 - Highway Allocation Fund; created; investment.

39-2401.
Highway Allocation Fund; created; investment.
There is hereby established the Highway Allocation Fund. There shall be paid into such fund the amounts disbursed from time to time from the Highway Trust Fund as provided by law together with such sums as may be appropriated thereto from the General Fund and proceeds of sales and use taxes credited to the Highway Allocation Fund under section 77-27,132. Any money in the fund available for investment shall be invested by the state investment officer pursuant to the Nebraska Capital Expansion Act and the Nebraska State Funds Investment Act.
Source
Laws 1971, LB 53, § 5;
Laws 1986, LB 599, § 12;
Laws 1995, LB 7, § 37;
Laws 2006, LB 904, § 1.
Cross References
Nebraska Capital Expansion Act, see section 72-1269.
Nebraska State Funds Investment Act, see section 72-1260.
2023 Nebraska Revised Statutes › Chapter 39 - Highways and Bridges › 39-2501 - Incentive payments for road purposes; priority.

39-2501.
Incentive payments for road purposes; priority.
Before distributing the February portion of funds under sections 39-2508 and 66-4,148, incentive payments shall first be made as provided in sections 39-2502 to 39-2505.
Source
Laws 1969, c. 315, § 1, p. 1133;
Laws 2001, LB 142, § 39;
Laws 2021, LB174, § 12.
2023 Nebraska Revised Statutes › Chapter 39 - Highways and Bridges › 39-2502 - County highway superintendent, defined; incentive payment; requirements.

39-2502.
County highway superintendent, defined; incentive payment; requirements.
An incentive payment shall be made to each county having appointed and employed a county highway superintendent licensed under the County Highway and City Street Superintendents Act, during the calendar year preceding the year in which payment is made. For purposes of sections 39-2501 to 39-2505, county highway superintendent means a person who assists the county with the following:
(1) Developing and annually updating a long-range plan or program based on needs and coordinated with adjacent local governmental units;
(2) Developing an annual program for design, construction, and maintenance;
(3) Developing an annual budget based on programmed projects and activities;
(4) Submitting such plans, programs, and budgets to the local governing body for approval; and
(5) Implementing the capital improvements and maintenance activities provided in the approved plans, programs, and budgets.
Source
Laws 1969, c. 315, § 2, p. 1133;
Laws 1976, LB 724, § 7;
Laws 2003, LB 500, § 15;
Laws 2007, LB277, § 7;
Laws 2019, LB82, § 13;
Laws 2021, LB174, § 13.
Cross References
County Highway and City Street Superintendents Act, see section 39-2301.
2023 Nebraska Revised Statutes › Chapter 39 - Highways and Bridges › 39-2503 - Incentive payment; amount.

39-2503.
Incentive payment; amount.
Except as provided in section 39-2504, the incentive payment to the various counties and municipal counties shall be based on the class of license of the county highway superintendent appointed and employed by the county and on the rural population of each county or municipal county, as determined by the most recent federal census, according to the following table:
Rural Population
Class B License
Class A License
Payment
Payment
Not more than 3,000
$4,500.00
$9,000.00
3,001 to 5,000
$4,875.00
$9,750.00
5,001 to 10,000
$5,250.00
$10,500.00
10,001 to 20,000
$5,625.00
$11,250.00
20,001 to 30,000
$6,000.00
$12,000.00
30,001 and more
$6,375.00
$12,750.00
Source
Laws 1969, c. 315, § 3, p. 1134;
Laws 1981, LB 51, § 1;
Laws 2001, LB 142, § 40;
Laws 2003, LB 500, § 16;
Laws 2021, LB174, § 14.
2023 Nebraska Revised Statutes › Chapter 39 - Highways and Bridges › 39-2505 - County or municipal county; certify information; incentive payments; Department of Transportation; certify amount; State Treasurer; payment.

39-2505.
County or municipal county; certify information; incentive payments; Department of Transportation; certify amount; State Treasurer; payment.
(1) By December 31 of each year, each county or municipal county shall certify to the Department of Transportation, using the certification process developed by the department:
(a) The name of any appointed county highway superintendent;
(b) Such superintendent's class of license, if applicable; and
(c) The type of appointment:
(i) Employed;
(ii) Contract consultant; or
(iii) Contract interlocal agreement with another municipality, county, or municipal county.
(2) The Department of Transportation shall, in January of each year commencing in 1970, determine and certify to the State Treasurer the amount of each incentive payment to be made under sections 39-2501 to 39-2505. The State Treasurer shall, on or before February 15, make the incentive payments in accordance with such certification.
Source
Laws 1969, c. 315, § 5, p. 1134;
Laws 2017, LB339, § 164;
Laws 2021, LB174, § 16.
2023 Nebraska Revised Statutes › Chapter 39 - Highways and Bridges › 39-2507 - Allocation of funds for road purposes; factors used.

39-2507.
Allocation of funds for road purposes; factors used.
The following factors and weights shall be used in determining the amount to be allocated to each of the counties or municipal counties for road purposes each year:
(1) Rural population of each county or municipal county, as determined by the most recent federal census, twenty percent;
(2) Total population of each county or municipal county, as determined by the most recent federal census, ten percent;
(3) Lineal feet of bridges twenty feet or more in length and all overpasses in each county or municipal county, as determined by the most recent inventory available within the Department of Transportation, ten percent, and for purposes of this subdivision a bridge or overpass located partly in one county or municipal county and partly in another shall be considered as being located one-half in each county or municipal county;
(4) Total motor vehicle registrations, other than prorated commercial vehicles, in the rural areas of each county or municipal county, as determined from the most recent information available from the Department of Motor Vehicles, twenty percent;
(5) Total motor vehicle registrations, other than prorated commercial vehicles, in each county or municipal county as determined from the most recent information available from the Department of Motor Vehicles, ten percent;
(6) Total miles of county or municipal county and township roads within each county or municipal county, as determined by the most recent inventory available within the Department of Transportation, twenty percent; and
(7) Value of farm products sold from each county or municipal county, as determined from the most recent federal Census of Agriculture, ten percent.
Source
Laws 1969, c. 315, § 7, p. 1135;
Laws 2001, LB 142, § 42;
Laws 2017, LB339, § 165.
2023 Nebraska Revised Statutes › Chapter 39 - Highways and Bridges › 39-2508 - Allocation of funds for road purposes; Department of Transportation; State Treasurer; duties.

39-2508.
Allocation of funds for road purposes; Department of Transportation; State Treasurer; duties.
The Department of Transportation shall compute the amount allocated to each county or municipal county under each of the factors listed in section 39-2507 and shall then compute the total allocation to each such county or municipal county and transmit such information to the local governing board and the State Treasurer, who shall disburse funds accordingly.
Source
Laws 1969, c. 315, § 8, p. 1136;
Laws 1985, LB 25, § 1;
Laws 2001, LB 142, § 43;
Laws 2017, LB339, § 166.
2023 Nebraska Revised Statutes › Chapter 39 - Highways and Bridges › 39-2509 - Matching funds; requirement; exceptions; effect.

39-2509.
Matching funds; requirement; exceptions; effect.
(1) Each county or municipal county shall be entitled to one-half of the amount allocated to it each year under sections 39-2507 and 39-2508 with no requirement for providing funds locally, but shall be required to match the second one-half on the basis of one dollar for each two dollars it receives with any available funds.
(2) Each county or municipal county which, during the preceding fiscal year, failed to provide locally the minimum required by subsection (1) of this section shall forfeit one dollar for each dollar which it fails to so provide locally. Any amounts forfeited under the provisions of this subsection first shall be made available to the incorporated municipalities, as determined by the county board or the council of the municipal county, within the county or municipal county which forfeits the funds, such funds to be matched by the incorporated municipalities in the same manner as would have been required of the county or municipal county had it not forfeited the funds, and if not so used, then shall be allocated among and distributed to the counties and municipal counties that have complied with the requirements of subsection (1) of this section. Such distribution shall be made as provided in sections 39-2507 and 39-2508, except that any county or municipal county having levied its constitutional maximum and not levied sufficient funds to fully match its share of the second half of the highway-user funds allocated to that county or municipal county may apply to the Board of Public Roads Classifications and Standards for exemption from that part of the local matching requirement that it cannot match. The board may grant such exemption if, in its judgment, the county or municipal county has not unnecessarily increased its expenditures for other than road purposes after receiving its allocation for roads in previous years.
(3) For the purposes of this section, providing locally shall include, but not be limited to, providing money for road purposes through the following, except that there shall not be duplication in the following in the determination of the total:
(a) Property taxes levied by action of county and township boards or the council of the municipal county for construction, improvement, maintenance, and repair of roads, bridges, culverts, and drainage structures, for curbs, for snow removal, for grading of dirt and gravel roads, for traffic signs and signals, and for construction of storm sewers directly related to roads and property taxes levied for the payment of the principal and interest on general obligation bonds for any of the foregoing;
(b) Contributions received for road purposes;
(c) Local costs in the acquisition of road right-of-way, including incidental expenses directly related to such acquisition; and
(d) Inheritance taxes allocated for road purposes.
Source
Laws 1969, c. 315, § 9, p. 1136;
Laws 1971, LB 694, § 1;
Laws 1971, LB 844, § 2;
Laws 1985, LB 25, § 2;
Laws 2001, LB 142, § 44.
2023 Nebraska Revised Statutes › Chapter 39 - Highways and Bridges › 39-2510 - Funds received; use; restriction; exception.

39-2510.
Funds received; use; restriction; exception.
(1) All money derived from fees, excises, or license fees relating to registration, operation, or use of vehicles on the public highways, or to fuels used for the propulsion of such vehicles, shall be expended for payment of highway obligations, cost of construction, reconstruction, maintenance, and repair of public highways and bridges and county, city, township, and village roads, streets, and bridges, and all facilities, appurtenances, and structures deemed necessary in connection with such highways, bridges, roads, and streets, or may be pledged to secure bonded indebtedness issued for such purposes, except for (a) the cost of administering laws under which such money is derived, (b) statutory refunds and adjustments provided therein, and (c) money derived from the motor vehicle operators' license fees or money received from parking meter proceeds, fines, and penalties.
(2)(a) The requirements of subsection (1) of this section also apply to sales and use taxes imposed on motor vehicles, trailers, and semitrailers pursuant to sections 13-319, 77-27,142, and 77-6403, except that such provisions shall not apply in a county or municipal county that has issued bonds (i) the proceeds of which were used for purposes listed in subsection (1) of this section and for which revenue other than sales and use taxes on motor vehicles, trailers, and semitrailers is pledged for payment or (ii) approved by a vote that required the use of sales and use taxes imposed on motor vehicles, trailers, and semitrailers for a specific purpose other than those listed in subsection (1) of this section, until all such bonds issued prior to January 1, 2006, have been paid or retired.
(b) The county or municipal county shall determine (i) the amount of revenue other than sales and use tax revenue derived from motor vehicles, trailers, or semitrailers that is to be expended for the purposes listed in subsection (1) of this section and (ii) the amount of sales and use taxes expected to be collected from sales of motor vehicles, trailers, and semitrailers for that year. The county or municipal county shall create and maintain such determination as a public record and certify the determination pursuant to sections 39-2120 and 39-2121.
Source
Laws 1969, c. 315, § 10, p. 1138;
Laws 1997, LB 271, § 15;
Laws 2006, LB 904, § 2;
Laws 2019, LB82, § 14;
Laws 2019, LB472, § 8.