reglab/statecodes huggingface dataset:
2023 Nebraska Revised Statutes › Chapter 39 - Highways and Bridges › 39-1818 - Water impoundment structure; approval; criteria considered.

39-1818.
Water impoundment structure; approval; criteria considered.
A water impoundment structure which will result in temporary storage and flowage of water upon, across, or adjacent to a road upstream from such structure may be approved only if such road would not be inundated because of the storage in such structure of waters from a ten-year, twenty-four-hour or lesser frequency storm. A water impoundment structure which will also serve as a roadbed may be approved and constructed only if the structure would contain the runoff from a twenty-five-year, twenty-four-hour frequency storm without water overtopping such structure or being discharged through its emergency spillway, except that if the road which is subject to such inundation is classified as a local road or remote residential road with current average daily traffic of fifty vehicles or less, the containment of a ten-year, twenty-four-hour frequency storm shall be sufficient. In making the storm frequency determinations required by this section, any recognized method may be used.
Source
Laws 1979, LB 265, § 2;
Laws 1988, LB 903, § 2;
Laws 2008, LB1068, § 3.
2023 Nebraska Revised Statutes › Chapter 39 - Highways and Bridges › 39-1819 - Water impoundment structure; county board; erect warning devices; form; maintenance.

39-1819.
Water impoundment structure; county board; erect warning devices; form; maintenance.
Whenever any water impoundment structure is approved pursuant to sections 39-1817 to 39-1820, it shall be the responsibility of the county board to erect at both ends of the portion of the road subject to such inundation permanent warning devices providing notice of the potential hazard. Such warning devices shall conform to the United States Department of Transportation's Manual of Uniform Traffic Control Devices, shall have printed thereon the words FLOOD AREA, and shall indicate the distance from such sign to the opposite extreme of the flood hazard area. The county board shall exercise reasonable care in maintaining such warning devices.
Source
Laws 1979, LB 265, § 3.
2023 Nebraska Revised Statutes › Chapter 39 - Highways and Bridges › 39-1820 - Existing water impoundment structure; liability; relieved from; when.

39-1820.
Existing water impoundment structure; liability; relieved from; when.
Any liability of the type described in section 39-1817 which might arise because of the operation of a water impoundment structure constructed prior to April 3, 1979, shall be relieved by conformance by the county board with section 39-1819 even if conformance with the provisions of section 39-1818 has not been achieved.
Source
Laws 1979, LB 265, § 4.
2023 Nebraska Revised Statutes › Chapter 39 - Highways and Bridges › 39-1901 - Road damages; payment from general fund; barricades by Department of Transportation; payment by department; claimant's petition.

39-1901.
Road damages; payment from general fund; barricades by Department of Transportation; payment by department; claimant's petition.
All damages caused by the laying out, altering, opening, or discontinuing of any county road shall be paid by warrant on the general fund of the county in which such road is located, except that the Department of Transportation shall pay the damages, if any, which a person sustains and is legally entitled to recover because of the barricading of a county or township road pursuant to section 39-1728. Upon the failure of the party damaged and the county to agree upon the amount of damages, the damaged party, in addition to any other available remedy, may file a petition as provided for in section 76-705.
Source
Laws 1957, c. 155, art. VI, § 1, p. 558;
Laws 2017, LB339, § 143.
2023 Nebraska Revised Statutes › Chapter 39 - Highways and Bridges › 39-1902 - Road districts; special tax levy; limit; collection; warrants; payment.

39-1902.
Road districts; special tax levy; limit; collection; warrants; payment.
In order to provide for the payment of all outstanding road district warrants and to liquidate indebtedness against road districts, the county board of any county where such indebtedness exists is hereby authorized and empowered to levy a special tax not exceeding three and five-tenths cents on each one hundred dollars upon the taxable value of all the taxable property in such road districts or so much thereof as may be necessary to pay all the outstanding indebtedness of the character described in this section, except that in no case shall the taxes levied in any one year by the county board in any road district, including the county taxes for all purposes, exceed the aggregate of ten and five-tenths cents on each one hundred dollars upon the taxable value of all the taxable property in such road district unless such additional levy is authorized by a vote of the electors of the county. The levy shall be made by the county board at its regular annual meeting while assembled for the purpose of levying other taxes as provided by law. The tax shall be collected by the county treasurer in the same manner as other county taxes are collected, and all warrants shall be paid by the county treasurer in order in which they appear on his or her register.
Source
Laws 1957, c. 155, art. VI, § 2, p. 558;
Laws 1979, LB 187, § 164;
Laws 1992, LB 719A, § 144.
2023 Nebraska Revised Statutes › Chapter 39 - Highways and Bridges › 39-1903 - Road districts; annual levies to meet deficiencies; limit.

39-1903.
Road districts; annual levies to meet deficiencies; limit.
In case the levy mentioned in section 39-1902 is not sufficient to pay the entire amount of the indebtedness of the various road districts, the county board in such counties where a deficiency exists shall annually thereafter make other levies for this purpose not exceeding three and five-tenths cents on each one hundred dollars upon the taxable value of all the taxable property in such district in any one year until all the indebtedness against the road districts in such county has been paid.
Source
Laws 1957, c. 155, art. VI, § 3, p. 558;
Laws 1979, LB 187, § 165;
Laws 1992, LB 719A, § 145.
2023 Nebraska Revised Statutes › Chapter 39 - Highways and Bridges › 39-1904 - Road tax; levy; same rate in rural and municipal areas; division between municipalities and counties; authorized expenditures.

39-1904.
Road tax; levy; same rate in rural and municipal areas; division between municipalities and counties; authorized expenditures.
The county board may levy the same rate of county road tax upon the property within cities and villages as is levied upon the property in the county not within cities and villages. One-half of such tax collected within cities or villages, when collected, shall be paid to the cities or villages within the county where levied to be used for the construction, improvement, or maintenance of municipal streets and alleys; and the remaining portion of such tax, when collected, shall be placed in the county road fund to be expended by the county board for construction, improvement, or maintenance of the roads and bridges in the county.
Source
Laws 1957, c. 155, art. VI, § 4, p. 559;
Laws 1959, c. 183, § 1, p. 665.
2023 Nebraska Revised Statutes › Chapter 39 - Highways and Bridges › 39-1905 - Road tax; special levy by petition; limit; contributions; district road fund; authorized expenditures.

39-1905.
Road tax; special levy by petition; limit; contributions; district road fund; authorized expenditures.
Fifty-one percent of the resident freeholders of any road district, precinct, or township in this state, as shown by the records of the register of deeds of the county in which such road district, precinct, or township is situated, may petition the county board of the county in which such district, precinct, or township is located to levy an assessment of not to exceed ten and five-tenths cents on each one hundred dollars upon the taxable value of all the taxable property in such road district, precinct, or township. Upon receipt of such petition, the county board shall make the assessment, as requested, upon the taxable value of all the taxable property in such road district, precinct, or township to be levied and collected the same as other taxes. Such taxes and any voluntary contributions (1) shall be and become a part of the district road fund of the district, precinct, or township in which the taxes are levied, (2) shall be used exclusively in constructing or improving the public roads in such district, precinct, or township, and (3) shall not be transferred to any other fund. In counties under township organization, the township board shall designate the road or roads in such road district where such levy shall be expended. In other counties the county board shall designate the road or roads in such road district where such levy shall be expended.
Source
Laws 1957, c. 155, art. VI, § 5, p. 559;
Laws 1979, LB 187, § 166;
Laws 1992, LB 719A, § 146.
2023 Nebraska Revised Statutes › Chapter 39 - Highways and Bridges › 39-1906 - Road construction or improvement; special levy; limit; bonds.

39-1906.
Road construction or improvement; special levy; limit; bonds.
Any township or precinct may make a special levy, not exceeding three and five-tenths cents on each one hundred dollars upon the taxable value of all the taxable property in such township or precinct, to improve, to construct, or to aid in the improvement or construction of a road. For the same purpose, any township or precinct may issue bonds by proceeding in the manner prescribed in sections 39-836 to 39-842.
Source
Laws 1957, c. 155, art. VI, § 6, p. 560;
Laws 1959, c. 167, § 8, p. 612;
Laws 1971, LB 992, § 1;
Laws 1979, LB 187, § 167;
Laws 1992, LB 719A, § 147.
2023 Nebraska Revised Statutes › Chapter 39 - Highways and Bridges › 39-1907 - County roads in township counties; construction or improvement; use of township road fund.

39-1907.
County roads in township counties; construction or improvement; use of township road fund.
In counties under township organization, the electors of any township through which a county road passes, at any annual or special meeting, may direct the payment to the county, out of the township road fund, of such sum as may be determined upon and as the condition of such fund permits, to assist in the construction or improvement of the portion of said county road lying within such township.
Source
Laws 1957, c. 155, art. VI, § 7, p. 560.
2023 Nebraska Revised Statutes › Chapter 39 - Highways and Bridges › 39-1908 - Federal-aid secondary highway; in city or village; improvement by county; approval by city or village; conditions; contribution.

39-1908.
Federal-aid secondary highway; in city or village; improvement by county; approval by city or village; conditions; contribution.
Wherever a federal-aid secondary highway traverses or passes through any city or village, the county board may with the approval of the mayor and council or the chairman and board of trustees of such city or village, grade, pave, curb, gutter or hard-surface such highway lying in the corporate limits of such city or village;
Provided,
that such city or village may pay or contribute to the county highway fund of the county for paving or hard-surfacing such highway in an amount designated by the county board but not to exceed fifty percent of the cost of such project lying within the corporate limits of such city or village.
Source
Laws 1959, c. 184, § 1, p. 666;
Laws 1963, c. 239, § 1, p. 730.
2023 Nebraska Revised Statutes › Chapter 39 - Highways and Bridges › 39-2002 - County primary road system; designation by county board; when; redesignation of primary roads; procedure; current map kept on file.

39-2002.
County primary road system; designation by county board; when; redesignation of primary roads; procedure; current map kept on file.
The county board of each county shall select and designate, within six months from January 1, 1958, the roads which will be county primary roads and which will constitute the county primary road system. Such roads shall be selected from those roads which already have been designated as primary county roads pursuant to section 39-2001 or from those roads which were maintained by the Department of Transportation under section 39-1309. The primary county roads shall include only the more important county roads as determined by the actual or potential traffic volumes and other traffic survey data.
The county board of each county shall have authority to redesignate the county primary roads from time to time by naming additional roads as primary roads and by rescinding the designation of existing county primary roads. The county board shall follow the same procedure for redesignation as is required by law for initially designating the county primary roads. The principle of designating only the more important county roads as primary roads as determined by the actual or potential traffic volumes and other traffic survey data shall be adhered to.
A copy of a current map of the county roads showing the location of roads and bridges and reflecting the county primary road system as designated in this section shall be kept on file and available to public inspection at the office of the county clerk and with the department.
Source
Laws 1957, c. 155, art. VII, § 2, p. 561;
Laws 1963, c. 240, § 1, p. 730;
Laws 2017, LB339, § 145.
2023 Nebraska Revised Statutes › Chapter 39 - Highways and Bridges › 39-2003 - County roads; maintenance at county expense; exception.

39-2003.
County roads; maintenance at county expense; exception.
All county roads designated in accordance with sections 39-2001 and 39-2002 shall be maintained at the expense of the county;
Provided,
that in counties under township organization not operating under the county road unit system, the county board may, by resolution entered on its records, delegate to the township board the duty of maintaining in the township any road which has been designated after September 7, 1947, as a county primary road.
Source
Laws 1957, c. 155, art. VII, § 3, p. 562.
2023 Nebraska Revised Statutes › Chapter 39 - Highways and Bridges › 39-2102 - Functional classification; categories.

39-2102.
Functional classification; categories.
For purposes of functional classification thereof, the public highways, roads, and streets of this state are hereby divided into the two broad categories of rural highways and municipal streets. Rural highways shall consist of all public highways and roads outside the limits of any incorporated municipality and municipal streets shall consist of all public streets within the limits of any incorporated municipality.
Source
Laws 1969, c. 312, § 2, p. 1119.
2023 Nebraska Revised Statutes › Chapter 39 - Highways and Bridges › 39-2104 - Municipal streets; functional classifications.

39-2104.
Municipal streets; functional classifications.
Municipal streets are hereby divided into six functional classifications as follows:
(1) Interstate, which shall consist of the federally designated national system of interstate and defense highways;
(2) Expressway, which shall consist of two categories: Extensions of rural expressways and some additional routes which serve very high volumes of local traffic within urban areas;
(3) Major arterial, which shall generally consist of extensions of the rural major arterials which provide continuous service through municipalities for long-distance rural travel. They are the arterial streets used to transport products into and out of municipalities;
(4) Other arterial, which shall consist of two categories: Municipal extensions of rural other arterials, and arterial movements peculiar to a municipality's own complex, that is streets which interconnect major areas of activity within a municipality, such as shopping centers, the central business district, manufacturing centers, and industrial parks;
(5) Collector, which shall consist of a group of streets which collect traffic from residential streets and move it to smaller commercial centers or to higher arterial systems; and
(6) Local, which shall consist of the balance of streets in each municipality, principally residential access service streets and local business streets. They are characterized by very short trip lengths, almost exclusively limited to vehicles desiring to go to or from an adjacent property.
Source
Laws 1969, c. 312, § 4, p. 1120.
2023 Nebraska Revised Statutes › Chapter 39 - Highways and Bridges › 39-2105 - Functional classifications; jurisdictional responsibility.

39-2105.
Functional classifications; jurisdictional responsibility.
Jurisdictional responsibility for the various functional classifications of public highways and streets shall be as follows:
(1) The state shall have the responsibility for the design, construction, reconstruction, maintenance, and operation of all roads classified under the category of rural highways as interstate, expressway, and major arterial, and the municipal extensions thereof, except that the state shall not be responsible for that portion of a municipal extension which exceeds the design of the rural highway leading into the municipality. When the design of a rural highway differs at the different points where it leads into the municipality, the state's responsibility for the municipal extension thereof shall be limited to the lesser of the two designs. The state shall be responsible for the entire interstate system under either the rural or municipal category and for connecting links between the interstate and the nearest existing state highway system in rural areas, except that if such a connecting link has not been improved and a sufficient study by the Department of Transportation results in the determination that a link to an alternate state highway would provide better service for the area involved, the department shall have the option of providing the alternate route, subject to satisfactory local participation in the additional cost of the alternate route;
(2) The various counties shall have the responsibility for the design, construction, reconstruction, maintenance, and operation of all roads classified as other arterial, collector, local, minimum maintenance, and remote residential under the rural highway category;
(3) The various incorporated municipalities shall have the responsibility for the design, construction, reconstruction, maintenance, and operation of all streets classified as expressway which are of a purely local nature, that portion of municipal extensions of rural expressways and major arterials which exceeds the design of the rural portions of such systems, and responsibility for those streets classified as other arterial, collector, and local within their corporate limits; and
(4) Jurisdictional responsibility for all scenic-recreation roads and highways shall remain with the governmental subdivision which had jurisdictional responsibility for such road or highway prior to its change in classification to scenic-recreation made pursuant to this section and sections 39-2103, 39-2109, and 39-2113.
Source
Laws 1969, c. 312, § 5, p. 1121;
Laws 1971, LB 738, § 1;
Laws 1980, LB 873, § 2;
Laws 1983, LB 10, § 4;
Laws 2008, LB1068, § 5;
Laws 2017, LB339, § 146.
2023 Nebraska Revised Statutes › Chapter 39 - Highways and Bridges › 39-2107 - Board of Public Roads Classifications and Standards; office space; furniture; equipment; supplies; personnel.

39-2107.
Board of Public Roads Classifications and Standards; office space; furniture; equipment; supplies; personnel.
The Department of Transportation shall furnish the Board of Public Roads Classifications and Standards with necessary office space, furniture, equipment, and supplies as well as necessary professional, technical, and clerical assistance.
Source
Laws 1969, c. 312, § 7, p. 1123;
Laws 2017, LB339, § 148;
Laws 2021, LB174, § 3.
2023 Nebraska Revised Statutes › Chapter 39 - Highways and Bridges › 39-2108 - Board of Public Roads Classifications and Standards; proceedings; subject to Administrative Procedure Act.

39-2108.
Board of Public Roads Classifications and Standards; proceedings; subject to Administrative Procedure Act.
All proceedings of the Board of Public Roads Classifications and Standards shall be subject to the provisions of the Administrative Procedure Act.
Source
Laws 1969, c. 312, § 8, p. 1123.
Cross References
Administrative Procedure Act, see section 84-920.
2023 Nebraska Revised Statutes › Chapter 39 - Highways and Bridges › 39-2109 - Board of Public Roads Classifications and Standards; functional classification; criteria; adoption; hearing; duties.

39-2109.
Board of Public Roads Classifications and Standards; functional classification; criteria; adoption; hearing; duties.
The Board of Public Roads Classifications and Standards shall develop and adopt the specific criteria for each functional classification set forth in sections 39-2103 and 39-2104, which criteria shall be consistent with the general criteria set forth in those sections. No such criteria shall be adopted until after public hearings have been held thereon at such times and places as to assure interested parties throughout the state an opportunity to be heard thereon. Following their adoption, the board shall provide an electronic copy of such criteria to the Secretary of State and the Clerk of the Legislature. The board shall also provide an electronic notification of such criteria to the appropriate representative of each county and each incorporated municipality and to the Director-State Engineer.
Source
Laws 1969, c. 312, § 9, p. 1123;
Laws 1980, LB 873, § 3;
Laws 1983, LB 10, § 5;
Laws 2008, LB1068, § 6;
Laws 2019, LB82, § 4.
2023 Nebraska Revised Statutes › Chapter 39 - Highways and Bridges › 39-2110 - Functional classification; specific criteria; assignment to highways, roads, streets.

39-2110.
Functional classification; specific criteria; assignment to highways, roads, streets.
Following adoption and publication of the specific criteria required by section 39-2109, the Department of Transportation, after consultation with the appropriate local authorities in each instance, shall assign a functional classification to each segment of highway, road, and street in this state. Before assigning any such classification, the department shall make reasonable effort to resolve any differences of opinion between the department and any county or municipality. Whenever a new road or street is to be opened or an existing road or street is to be extended, the department shall, upon a request from the operating jurisdiction, assign a functional classification to such segment in accordance with the specific criteria established under section 39-2109.
Source
Laws 1969, c. 312, § 10, p. 1123;
Laws 2008, LB1068, § 7;
Laws 2017, LB339, § 149.
2023 Nebraska Revised Statutes › Chapter 39 - Highways and Bridges › 39-2111 - Functional classification; assignment; appeal.

39-2111.
Functional classification; assignment; appeal.
The county or municipality may appeal to the Board of Public Roads Classifications and Standards from any action taken by the Department of Transportation in assigning any functional classification under section 39-2110. Upon the taking of such an appeal, the board shall review all information pertaining to the assignment, hold a hearing thereon if deemed advisable, and render a decision on the assigned classification. The decision of the board may be appealed, and the appeal shall be in accordance with the Administrative Procedure Act.
Source
Laws 1969, c. 312, § 11, p. 1123;
Laws 1971, LB 100, § 2;
Laws 1988, LB 352, § 32;
Laws 2017, LB339, § 150.
Cross References
Administrative Procedure Act, see section 84-920.
2023 Nebraska Revised Statutes › Chapter 39 - Highways and Bridges › 39-2112 - Functional classification; assignment; Department of Transportation; request to reclassify; county board; public hearing; decision; appeal.

39-2112.
Functional classification; assignment; Department of Transportation; request to reclassify; county board; public hearing; decision; appeal.
Any county or municipality may, based on changing traffic patterns or volume or a change in jurisdiction, request the Department of Transportation to reclassify any segment of highway, road, or street. Any county that wants to use the minimum maintenance, remote residential, or scenic-recreation functional classification or wants to return a road to its previous functional classification may request the department to reclassify an applicable segment of highway or road. If a county board wants a road or a segment of road to be classified as remote residential, it shall hold a public hearing on the matter prior to requesting the department to reclassify such road or segment of road. The department shall review a request made under this section and either grant or deny the reclassification in whole or in part. Any county or municipality dissatisfied with the action taken by the department under this section may appeal to the Board of Public Roads Classifications and Standards in the manner provided in section 39-2111.
Source
Laws 1969, c. 312, § 12, p. 1124;
Laws 1971, LB 100, § 3;
Laws 2008, LB1068, § 8;
Laws 2017, LB339, § 151.
2023 Nebraska Revised Statutes › Chapter 39 - Highways and Bridges › 39-2114 - Counties and municipalities; contract between themselves.

39-2114.
Counties and municipalities; contract between themselves.
In order to achieve the efficiencies and economics resulting from unified operations, the Legislature encourages the counties and municipalities to make use of the Interlocal Cooperation Act or the Joint Public Agency Act by contracting between and among themselves for cooperative programs of administering all phases of their road and street programs.
Source
Laws 1969, c. 312, § 14, p. 1124;
Laws 1999, LB 87, § 72;
Laws 2019, LB82, § 6.
Cross References
Interlocal Cooperation Act, see section 13-801.
Joint Public Agency Act, see section 13-2501.
2023 Nebraska Revised Statutes › Chapter 39 - Highways and Bridges › 39-2115 - Six-year plan or program; basis; certification form; failure to file; penalty; funds placed in escrow.

39-2115.
Six-year plan or program; basis; certification form; failure to file; penalty; funds placed in escrow.
The Department of Transportation and each county and municipality shall develop, adopt, maintain as a public record, and annually update a long-range, six-year plan or program of highway, road, and street improvements based on priority of needs and calculated to contribute to the orderly development of an integrated statewide system of highways, roads, and streets. The department and each county and municipality shall annually certify compliance with the requirements of this section to the Board of Public Roads Classifications and Standards using the certification form developed by the board pursuant to section 39-2120. If any county or municipality, or the department, shall fail to file its certification form on or before its due date, the board shall so notify the local governing board, the Governor, and the State Treasurer, who shall suspend distribution of any highway-user revenue allocated to such county or municipality, or the department, until the certification form has been filed. Such funds shall be held in escrow for six months until the county or municipality complies. If the county or municipality complies within the six-month period it shall receive the money in escrow, but after six months, if the county or municipality fails to comply, the money in the escrow account shall be lost to the county or municipality and shall be distributed to other counties or municipalities, as appropriate, in the manner provided by law for allocation of highway-user revenue.
Source
Laws 1969, c. 312, § 15, p. 1124;
Laws 1971, LB 100, § 4;
Laws 1973, LB 137, § 1;
Laws 1976, LB 724, § 2;
Laws 2017, LB339, § 153;
Laws 2019, LB82, § 7.
2023 Nebraska Revised Statutes › Chapter 39 - Highways and Bridges › 39-2118 - Department of Transportation; plan or program for specific highway improvements; certify compliance with Board of Public Roads Classifications and Standards.

39-2118.
Department of Transportation; plan or program for specific highway improvements; certify compliance with Board of Public Roads Classifications and Standards.
The Department of Transportation shall annually develop, adopt, and maintain as a public record a plan or program for specific highway improvements for the current year. In so doing, the department shall take into account all federal funds which will be available to the department for such year. The department shall annually certify compliance with the requirements of this section to the Board of Public Roads Classifications and Standards using the certification form developed by the board pursuant to section 39-2120.
Source
Laws 1969, c. 312, § 18, p. 1125;
Laws 1971, LB 100, § 7;
Laws 1976, LB 724, § 4;
Laws 2017, LB339, § 155;
Laws 2019, LB82, § 8.
2023 Nebraska Revised Statutes › Chapter 39 - Highways and Bridges › 39-2119 - Counties and municipalities; plan or program for specific improvements; hearing; duty to certify compliance; penalty; funds placed in escrow.

39-2119.
Counties and municipalities; plan or program for specific improvements; hearing; duty to certify compliance; penalty; funds placed in escrow.
Each county and municipality shall annually develop, adopt, and maintain as a public record, a one-year plan or program for specific highway, road, or street improvements for the current year. No such plan or program, or revision to such plan or program, shall be adopted until after a public hearing thereon and its approval by the governing body. Each county and municipality shall schedule and hold the public hearing each year, and such hearing may be held prior to or in conjunction with that entity's annual public hearing on its proposed budget statement in any year such budget statement hearing is held pursuant to section 13-506. Each county and municipality shall annually certify compliance with the requirements of this section to the Board of Public Roads Classifications and Standards using the certification form developed by the board pursuant to section 39-2120. If any county or municipality shall fail to comply with the provisions of this section, the board shall so notify the local governing board, the Governor, and the State Treasurer, who shall suspend distribution of any highway-user revenue allocated to such county or municipality until there has been compliance. Such funds shall be held in escrow for six months until the county or municipality complies. If the county or municipality complies within the six-month period it shall receive the money in escrow, but after six months, if the county or municipality fails to comply, the money in the escrow account shall be lost to the county or municipality and shall be distributed to other counties or municipalities, as appropriate, in the manner provided by law for allocation of highway-user revenue.
Source
Laws 1969, c. 312, § 19, p. 1126;
Laws 1971, LB 100, § 8;
Laws 1973, LB 137, § 2;
Laws 1976, LB 724, § 5;
Laws 2007, LB277, § 3;
Laws 2019, LB82, § 9.
2023 Nebraska Revised Statutes › Chapter 39 - Highways and Bridges › 39-2120 - Certification form for annual filing; Board of Public Roads Classifications and Standards; develop; contents.

39-2120.
Certification form for annual filing; Board of Public Roads Classifications and Standards; develop; contents.
The Board of Public Roads Classifications and Standards shall develop and schedule for implementation a certification form for annual filing pursuant to section 39-2121 by the Department of Transportation and each county and municipality. The certification form shall include:
(1) A statement from the department and each county or municipality that it has developed, adopted, and included in its public records the plans, programs, or standards required by sections 39-2115 to 39-2119;
(2) A statement that the department and each county or municipality:
(a) Meets the plans, programs, or standards of design, construction, and maintenance for its highways, roads, or streets;
(b) Expends all tax revenue for highway, road, or street purposes in accordance with approved plans, programs, or standards, including county and municipal tax revenue as well as highway-user revenue allocations;
(c) Uses a system of revenue and cost accounting which clearly includes a comparison of receipts and expenditures for approved budgets, plans, programs, and standards;
(d) Uses a system of budgeting which reflects uses and sources of funds in terms of plans, programs, or standards and accomplishments;
(e) Uses an accounting system including an inventory of machinery, equipment, and supplies; and
(f) Uses an accounting system that tracks equipment operation costs; and
(3) The information required under subsection (2) of section 39-2510 or subsection (2) of section 39-2520, when applicable.
The certification by the department shall be signed by the Director-State Engineer. The certification by each county and municipality shall be signed by the board chairperson or mayor and shall include a copy of the resolution or ordinance of the governing body of the county or municipality authorizing the signing of the certification form.
Source
Laws 1969, c. 312, § 20, p. 1126;
Laws 1971, LB 100, § 9;
Laws 2017, LB339, § 156;
Laws 2019, LB82, § 10.
2023 Nebraska Revised Statutes › Chapter 39 - Highways and Bridges › 39-2121 - Department of Transportation; counties; municipalities; certification form; filing; penalty; when imposed; appeal.

39-2121.
Department of Transportation; counties; municipalities; certification form; filing; penalty; when imposed; appeal.
(1) The certification form required to be filed with the Board of Public Roads Classifications and Standards pursuant to section 39-2120 shall be filed annually by the Department of Transportation by July 31 and by each county and municipality by October 31.
(2) If any county or municipality or the department fails to file such certification form on or before its due date, the board shall so notify the local governing board, the Governor, and the State Treasurer who shall suspend distribution of any highway-user revenue allocated to such county or municipality or the department until the certification form has been filed. Such funds shall be held in escrow for six months until the county or municipality complies. If the county or municipality complies within the six-month period it shall receive the money in escrow, but after six months, if the county or municipality fails to comply, the money in the escrow account shall be lost to the county or municipality and shall be distributed to other counties or municipalities, as appropriate, in the manner provided by law for allocation of highway-user revenue.
(3) If any county or municipality either (a) files a materially false certification form or (b) constructs any highway, road, or street below the minimum standards developed under section 39-2113, without having received prior approval thereof, such county's or municipality's share of highway-user revenue allocated during the following calendar year shall be reduced by ten percent and the amount of any such reduction shall be distributed among the other counties or municipalities, as appropriate, in the manner provided by law for allocation of highway-user revenue. The penalty for filing a materially false certification form and the penalty for constructing a highway, road, or street below established minimum standards without prior approval shall be assessed by the board only after a review of the facts involved in such case and the holding of a public hearing on the matter. The decision thereafter rendered by the board may be appealed, and the appeal shall be in accordance with the Administrative Procedure Act.
Source
Laws 1969, c. 312, § 21, p. 1127;
Laws 1971, LB 100, § 10;
Laws 1973, LB 137, § 3;
Laws 1976, LB 724, § 6;
Laws 1988, LB 352, § 33;
Laws 2017, LB339, § 157;
Laws 2019, LB82, § 11.
Cross References
Administrative Procedure Act, see section 84-920.
2023 Nebraska Revised Statutes › Chapter 39 - Highways and Bridges › 39-2122 - Board of Public Roads Classifications and Standards; powers.

39-2122.
Board of Public Roads Classifications and Standards; powers.
The Board of Public Roads Classifications and Standards may make occasional random checks of county and municipal construction projects to determine that the standards of design and construction developed under section 39-2113 are being met.
Source
Laws 1969, c. 312, § 22, p. 1128;
Laws 1971, LB 100, § 11;
Laws 2019, LB82, § 12.
2023 Nebraska Revised Statutes › Chapter 39 - Highways and Bridges › 39-2124 - Legislative intent.

39-2124.
Legislative intent.
It is the intent of the Legislature to recognize the responsibilities of the Department of Transportation, of the counties, and of the municipalities in their planning programs as authorized by state law and by home rule charter and to encourage the acceptance and implementation of comprehensive, continuing, cooperative, and coordinated planning by the state, the counties, and the municipalities. Sections 13-914 and 39-2101 to 39-2125 are not intended to prohibit or inhibit the actions of the counties and of the municipalities in their planning programs and their subdivision regulations, nor are sections 13-914 and 39-2101 to 39-2125 intended to restrict the actions of the municipalities in their creation of street improvement districts and in their assessment of property for special benefits as authorized by state law or by home rule charter.
Source
Laws 1969, c. 312, § 24, p. 1128;
Laws 1971, LB 100, § 13;
Laws 1983, LB 10, § 8;
Laws 2007, LB277, § 5;
Laws 2017, LB339, § 158.
2023 Nebraska Revised Statutes › Chapter 39 - Highways and Bridges › 39-2125 - Sections, how construed.

39-2125.
Sections, how construed.
Sections 13-914 and 39-2101 to 39-2125 shall be construed as an independent act, complete in itself, and in the event of conflict between any provisions of sections 13-914 and 39-2101 to 39-2125 and any other statutes, the provisions of sections 13-914 and 39-2101 to 39-2125 shall control.
Source
Laws 1969, c. 312, § 25, p. 1128;
Laws 1983, LB 10, § 9;
Laws 2007, LB277, § 6.
2023 Nebraska Revised Statutes › Chapter 39 - Highways and Bridges › 39-2201 - Terms, defined.

39-2201.
Terms, defined.
As used in the Nebraska Highway Bond Act, unless the context otherwise requires:
(1) Bond fund shall mean the Highway Restoration and Improvement Bond Fund created in section 39-2215.01;
(2) Bonds shall mean the bonds authorized to be issued under the Nebraska Highway Bond Act and shall include notes or other similar evidences of indebtedness;
(3) Commission shall mean the State Highway Commission;
(4) Construction shall mean and include acquisition, construction, resurfacing, restoring, rehabilitation, and reconstruction necessary to plan, build, improve, replace, or extend a highway, and to construct shall mean and include to acquire, to construct, to resurface, to restore, to rehabilitate, and to reconstruct as necessary to plan, build, improve, replace, or extend a highway;
(5) Cost of construction shall mean and include obligations to contractors and builders for construction and for the restoration of property damaged or destroyed in connection with such construction, the cost of acquiring land, property rights, rights-of-way, franchises, easements, and other interests deemed necessary or convenient for construction, the cost of acquiring any property, real or personal, tangible or intangible, or any interest therein, deemed necessary or convenient for construction, the interest requirements upon any bonds prior to, during, and for a period of eighteen months after completion of construction, fees and expenses of paying agents and other agents appointed by the commission for such bonds during any such period, the costs and expenses of preliminary investigations to determine the feasibility or practicability of such construction, the fees and expenses of engineers for making preliminary studies, surveys, reports, estimates of costs and of revenue, and other estimates and for preparing plans and specifications and supervising construction as well as for the performance of all other duties of engineers in relation to such construction or the issuance of bonds therefor, expenses of administration during construction, legal expenses and fees, financing charges, municipal bond insurance or surety bond premiums, credit facility fees, costs of audits, costs of preparing and issuing such bonds, and all other items of expense incident to such construction, the financing thereof, and the acquisition of land and property therefor;
(6) Fund shall mean the Highway Trust Fund which is created by section 39-2215; and
(7) Highway shall mean and include any public road now or at any time hereafter classified by the Legislature as the responsibility of the state to construct and any related facility, the cost of which is financed in whole or in part by the issuance of bonds under the Nebraska Highway Bond Act.
The Legislature hereby reserves the right to vary and change by law the definitions of construction, cost of construction, and highway contained in this section.
Source
Laws 1969, c. 309, § 1, p. 1106;
Laws 1988, LB 632, § 1;
Laws 2000, LB 1135, § 5.
2023 Nebraska Revised Statutes › Chapter 39 - Highways and Bridges › 39-2202 - Legislative findings and intent.

39-2202.
Legislative findings and intent.
The Legislature finds that safe and modern highway infrastructure is of great importance to Nebraska's residents, agricultural economy, business economy, and future economic growth. Furthermore, the Legislature finds that it is in the interest of Nebraska taxpayers to leverage interest rates to offset the challenges that construction inflation and uncertain federal highway funding pose to adequately financing the state's infrastructure needs. It is the intent of the Legislature to conservatively utilize bond financing by issuing bonds, not to exceed four hundred fifty million dollars in principal and thirty-five million dollars in annual debt service for a period of not more than nineteen years, in order to accelerate completion of the highway construction projects identified and to be identified for funding under the Build Nebraska Act.
Source
Laws 2023, LB727, § 29.
Operative Date: June 7, 2023
Cross References
Build Nebraska Act, see section 39-2701.
2023 Nebraska Revised Statutes › Chapter 39 - Highways and Bridges › 39-2203 - Bonds; issuance; amount; commission; powers.

39-2203.
Bonds; issuance; amount; commission; powers.
The commission acting for and on behalf of the state may issue from time to time bonds in such principal amounts as shall be necessary to provide sufficient funds to defray any or all of the cost of construction of highways. The principal amount of the bonds so authorized to be issued shall not exceed, in the aggregate, the total amount authorized by the Legislature from time to time for such purpose. The proceeds from the sale of any bonds issued under the Nebraska Highway Bond Act shall be deposited in the state treasury to the credit of the Highway Cash Fund and shall be used only to finance or to refinance through the issuance of refunding bonds the construction of highways in this state as authorized by law. The commission is hereby granted all powers necessary or convenient to carry out the purposes and exercise the powers granted by such act.
Source
Laws 1969, c. 309, § 3, p. 1108;
Laws 1988, LB 632, § 2.
2023 Nebraska Revised Statutes › Chapter 39 - Highways and Bridges › 39-2203.01 - Build Nebraska Act; highway construction projects; bonds; issuance; terms and conditions; proceeds; use; commission; powers; bonds; maturity date.

39-2203.01.
Build Nebraska Act; highway construction projects; bonds; issuance; terms and conditions; proceeds; use; commission; powers; bonds; maturity date.
Upon the written recommendation of the Department of Transportation, the commission, acting for and on behalf of the state, may issue from time to time bonds under the Nebraska Highway Bond Act by resolution as described in section 39-2209 in such principal amounts as determined by the commission for the purpose of accelerating completion of the highway construction projects identified and to be identified for funding under the Build Nebraska Act. The principal amounts, interest rates, maturities, redemption provisions, sale prices, and other terms of the bonds so authorized to be issued shall be in accordance with terms or conditions established by the commission. No bonds shall be issued after June 30, 2029, except for refunding bonds issued in accordance with the Nebraska Highway Bond Act. The proceeds from the sale of any bonds issued, net of costs of issuance, capitalized interest, and necessary or appropriate reserve funds, shall be deposited in the State Highway Capital Improvement Fund for use pursuant to the Build Nebraska Act. The commission is hereby granted all powers necessary or convenient to carry out the purposes and exercise the powers granted by the Nebraska Highway Bond Act. Bonds shall be paid off by June 30, 2042.
Source
Laws 2023, LB727, § 30.
Operative Date: June 7, 2023
Cross References
Build Nebraska Act, see section 39-2701.
2023 Nebraska Revised Statutes › Chapter 39 - Highways and Bridges › 39-2204 - Attorney General; legal advisor to commission; Auditor of Public Accounts; books; audit annually.

39-2204.
Attorney General; legal advisor to commission; Auditor of Public Accounts; books; audit annually.
(1) The Attorney General shall serve as legal advisor to the commission and, to assist him or her in the performance of his or her duties as such, may authorize the commission to employ special bond counsel.
(2) The Auditor of Public Accounts shall audit the books of the commission at such time as he or she determines necessary.
Source
Laws 1969, c. 309, § 4, p. 1108;
Laws 2011, LB337, § 2.
2023 Nebraska Revised Statutes › Chapter 39 - Highways and Bridges › 39-2205 - Bonds; issuance; amount.

39-2205.
Bonds; issuance; amount.
Bonds may be issued under the Nebraska Highway Bond Act only to the extent that the annual aggregate principal and interest requirements, in the calendar year in which such bonds are issued and in each calendar year thereafter until the scheduled maturity of such bonds, on such bonds and on all other bonds theretofore issued and to be outstanding and unpaid upon the issuance of such bonds shall not exceed the amount which is equal to fifty percent of the money deposited in the fund, the State Highway Capital Improvement Fund, or the bond fund, as the case may be, from which such bonds shall be paid during the calendar year preceding the issuance of the bonds proposed to be issued. This section shall not apply to the first issuance of each series of bonds authorized by the Legislature.
If short-term bonds are issued in anticipation of the issuance of long-term refunding bonds and such short-term bonds are secured by insurance or a letter of credit or similar guarantee issued by a financial institution rated by a national rating agency in one of the two highest categories of bond ratings, then, for the purposes of the Nebraska Highway Bond Act, when determining the amount of short-term bonds that may be issued and the amount of taxes, fees, or other money to be deposited in any fund for the payment of bonds issued under the act, the annual aggregate principal and interest payments on the short-term bonds shall be deemed to be such payments thereon, except that the final principal payment shall not be that specified in the short-term bonds but shall be the principal and all interest payments required to reimburse the issuer of the insurance policy or letter of credit or similar guarantee pursuant to the reimbursement agreement between the commission and such issuer.
Source
Laws 1969, c. 309, § 5, p. 1108;
Laws 1988, LB 632, § 3;
Laws 2023, LB727, § 32.
Operative Date: June 7, 2023
2023 Nebraska Revised Statutes › Chapter 39 - Highways and Bridges › 39-2206 - Bonds; negotiable instruments.

39-2206.
Bonds; negotiable instruments.
Whether or not the bonds are of such form and character as to be negotiable instruments under article 8, Uniform Commercial Code, the bonds shall be and hereby are made negotiable instruments within the meaning and for all purposes of article 8, Uniform Commercial Code, with the exception of any provisions thereof pertaining to registration.
Source
Laws 1969, c. 309, § 6, p. 1108.