Nebraska Revised Statutes

Nebraska Revised Statutes
Name	Nebraska Revised Statutes
Caption	Seal of Nebraska
Jurisdiction	Nebraska
Enacted by	Nebraska Legislature
Status	Active

Nebraska Revised Statutes

The Nebraska Revised Statutes are the consolidated statutory laws enacted by the Nebraska Legislature, compiled to govern civil, criminal, administrative, and procedural matters in Nebraska. They serve as the authoritative codification of statutes passed by unicameral legislative sessions presided over by the Lieutenant Governor of Nebraska and enacted with gubernatorial action by the Governor of Nebraska. The statutes interact with interpretive decisions of the Nebraska Supreme Court and administrative rules issued by state agencies such as the Nebraska Department of Health and Human Services and the Nebraska Department of Transportation.

History

The codification lineage traces to territorial law under the Territory of Nebraska and early state compilations following the admission of Nebraska to the Union in 1867, including early annotated editions influenced by compilations used in Iowa and Missouri. Key milestones include comprehensive recodification efforts in the 20th century driven by legal reformers, legislative committees like the Revisor of Statutes (Nebraska) office, and modern statutory revision initiatives informed by comparative models from the Uniform Law Commission and precedents from states such as Kansas, South Dakota, and Wyoming. Landmark legislative sessions—e.g., those coinciding with the tenure of governors such as Bob Kerrey and Ben Nelson—produced statutes addressing issues highlighted in national events like the Great Depression and post-war regulatory expansions.

Organization and Codification

The statutes are organized into titles, chapters, and sections following a scheme similar to other state codes, administered by the Office of the Revisor of Statutes (Nebraska). Codification practices reflect influences from the American Bar Association model codes and incorporate editorial conventions used by legal publishers such as West Publishing and LexisNexis. The statutory scheme aligns chapters to subject areas overseeing institutions including the University of Nebraska system, the Nebraska State Patrol, and municipal entities like the City of Omaha and Lincoln, Nebraska. Periodic pocket parts and session law pamphlets document sequential enactments from sessions of the Nebraska Legislature.

Legislative Process and Amendments

Bills originate in the unicameral Nebraska Legislature and proceed through committee hearings before standing committees such as the Judiciary Committee (Nebraska Legislature) and the Appropriations Committee (Nebraska Legislature). Passage requires majority votes, enrollment, and presentation to the Governor of Nebraska for signature or veto, with veto overrides requiring legislative supermajorities referenced in the state constitution. Amendments appear as session laws following sessions led by notable presiding officers like the Speaker of the Nebraska Legislature and are incorporated into the codified statutes through the revisor’s editorial process mirroring amendment practices in states such as Iowa and Minnesota.

Access and Publication

Statutes are published in bound volumes and made available online by the Nebraska Legislature and the Office of the Revisor of Statutes (Nebraska), alongside commercial reporters from Thomson Reuters and specialized compilations used by the Nebraska State Bar Association. Public access points include law libraries at institutions like the University of Nebraska College of Law, county courthouses, and digital repositories analogous to those maintained by the Library of Congress and state archives. The publication lifecycle includes session law supplements, annotated editions used by practitioners such as members of the Nebraska Trial Judges Association, and electronic statutory databases indexed for legal research by services akin to Westlaw and LexisNexis.

Structure and Major Titles

Major titles cover core areas including criminal law and procedure affecting the Nebraska State Patrol and county sheriffs; civil procedure governing the Nebraska Judicial Branch; family law impacting county courts in Douglas County, Nebraska and Lancaster County, Nebraska; taxation statutes tied to the Nebraska Department of Revenue; and administrative procedure regulating agencies such as the Nebraska Department of Education. Other prominent titles address property law affecting the Nebraska Game and Parks Commission, corporate law relevant to the Nebraska Secretary of State, labor statutes touching the Nebraska Department of Labor, and public health statutes associated with the Nebraska Department of Health and Human Services.

Interpretation and Case Law

Judicial interpretation by the Nebraska Supreme Court and intermediate appellate courts, including the Nebraska Court of Appeals, shapes statutory meaning through opinions citing statutory construction principles found in decisions from courts such as the Iowa Supreme Court and the Eighth Circuit Court of Appeals. Precedents interpreting specific chapters—ranging from municipal powers in cases involving the City of Omaha to regulatory authority disputes involving the Public Service Commission (Nebraska)—inform practitioners and influence legislative amendment priorities raised by interest groups like the Nebraska Farm Bureau and the AARP Nebraska chapter.

Enforcement and Penalties

Enforcement mechanisms derive from statutory provisions empowering entities such as the Nebraska State Patrol, county attorneys in jurisdictions like Douglas County, Nebraska, and administrative enforcement by agencies including the Nebraska Department of Agriculture. Penalty regimes prescribe criminal sanctions under chapters mirrored in other jurisdictions such as Kansas and civil remedies enforced through courts like the Nebraska Judicial Branch. Statutes also create regulatory schemes with administrative fines, licenses, and injunctive authority, and provide procedural frameworks for appeals to tribunals including the Nebraska Court of Appeals and ultimately review by the Nebraska Supreme Court.

Category:Law of Nebraska