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953 sections in this chapter.
Neb. Rev. Stat. § 76-227 Acknowledgment before army officers; validity.
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The acknowledgment of legal instruments, the attestation of documents, the administration of oaths and other notarial acts, heretofore or hereafter taken before any duly commissioned officer of the army, navy, marine corps, coast guard, or any other component part of the armed fo…
Neb. Rev. Stat. § 76-228 Proof in lieu of acknowledgment; when authorized.
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If the grantor dies before acknowledgment, or if for any cause his attendance cannot be procured in order to make the same, or, having appeared, he refused to acknowledge it, proof of the execution and delivery of the deed may be made by any competent subscribing witness thereto …
Neb. Rev. Stat. § 76-229 Proof in lieu of acknowledgment; power of officer to subpoena witnesses.
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The officer has power to issue the necessary subpoenas for the subscribing witnesses, residing in the same county, to appear before him for the purpose stated in section 76-228.
Neb. Rev. Stat. § 76-230 Proof in lieu of acknowledgment; witness; disobedience to subpoena; penalty.
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Every person served with a subpoena and tendered the fees of a witness who, without reasonable cause, refuses or neglects to appear, or appearing, refuses to answer upon oath touching the matters referred to in section 76-228, shall forfeit to the party injured one hundred dollar…
Neb. Rev. Stat. § 76-2301 Act, how cited.
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Sections 76-2301 to 76-2334 shall be known and may be cited as the One-Call Notification System Act.
Neb. Rev. Stat. § 76-2302 Legislative intent.
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(1) It is the intent of the Legislature to establish a means by which excavators may notify operators of underground facilities in an excavation area so that operators have the opportunity to identify and locate the underground facilities prior to excavation and so that the excav…
Neb. Rev. Stat. § 76-2303 Definitions, where found.
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For purposes of the One-Call Notification System Act, the definitions found in sections 76-2303.01 to 76-2317 shall be used.
Neb. Rev. Stat. § 76-2303.01 Bar test survey, defined.
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Bar test survey means a leakage survey completed with a nonconductive piece of equipment made by manually driving small holes in the ground at regular intervals along the route of an underground gas pipe for the purpose of extracting a sample of the ground atmosphere and testing …
Neb. Rev. Stat. § 76-2304 Business day, defined.
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Business day shall mean any day other than a Saturday, Sunday, or state or nationally observed legal holiday.
Neb. Rev. Stat. § 76-2305 Center, defined.
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Center means a call center which shall have as its principal purpose the statewide receipt and dissemination to participating operators of information on a fair and uniform basis concerning intended excavations by excavators in areas where operators have underground facilities.
Neb. Rev. Stat. § 76-2305.01 Committee, defined.
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Committee means the Underground Excavation Safety Committee.
Neb. Rev. Stat. § 76-2306 Damage, defined.
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Damage shall mean any impact with, partial or complete severance, destruction, impairment, or penetration of, or removal or weakening of support from an underground facility, including its protective coating, housing, or other protective device.
Neb. Rev. Stat. § 76-2307 Emergency condition, defined.
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Emergency condition shall mean any condition which constitutes a clear and present danger to life, health, or property or which demands immediate action to prevent or repair a major service outage.
Neb. Rev. Stat. § 76-2308 Excavation, defined.
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Excavation shall mean any activity in which earth, rock, or other material in or on the ground is moved or otherwise displaced by means of tools, equipment, or explosives and shall include grading, trenching, digging, ditching, drilling, augering, tunneling, scraping, and cable o…
Neb. Rev. Stat. § 76-2309 Excavator, defined.
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Excavator shall mean a person who engages in excavation in this state.
Neb. Rev. Stat. § 76-231 Proof in lieu of acknowledgment; by handwriting; when authorized.
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If all the subscribing witnesses shall be dead, or out of the state, such death or absence is first to be proved, and then the execution of the deed may be proved before such officer by proving the handwriting of the grantor and of any subscribing witness to such deed.
Neb. Rev. Stat. § 76-2310 Gas or hazardous liquid underground pipeline facility, defined.
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Gas or hazardous liquid underground pipeline facility shall mean any underground facility used or intended for use in the transportation of gas or the treatment of gas or used or intended for use in the transportation of hazardous liquids including petroleum or petroleum products…
Neb. Rev. Stat. § 76-2310.01 Locator, defined.
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Locator means a person who identifies and marks underground facilities for an operator, including a contractor who performs such location services for an operator.
Neb. Rev. Stat. § 76-2311 Nonpermanent surface, defined.
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Nonpermanent surface shall mean any ground consisting of uncovered dirt or rock or ground that is covered by grass or other plant life, crushed rock, gravel, or other similar natural substance.
Neb. Rev. Stat. § 76-2312 Normal working hours, defined.
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Normal working hours shall mean the hours of 7 a.m. to 5 p.m. on a business day in each time zone in the state.
Neb. Rev. Stat. § 76-2313 Operator, defined.
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Operator shall mean a person who manages or controls the functions of an underground facility but shall not include a person who is an owner or tenant of real property where underground facilities are located if the underground facilities are used exclusively to furnish services …
Neb. Rev. Stat. § 76-2314 Permanent surface, defined.
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Permanent surface shall mean any ground that is covered by a hard, artificial, weatherproof material such as concrete, asphalt, or other similar artificial substance.
Neb. Rev. Stat. § 76-2315 Person, defined.
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Person means an individual, partnership, limited liability company, association, municipality, state, county, political subdivision, utility, joint venture, or corporation and shall include the employer, employee, or contractor of an individual.
Neb. Rev. Stat. § 76-2316.01 Ticket, defined.
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Ticket means the compilation of data received by the center in the notice of excavation and the facility locations provided to the center and which is assigned a unique identifying number.
Neb. Rev. Stat. § 76-2317 Underground facility, defined.
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Underground facility shall mean any item of personal property buried or placed below ground for use in connection with the storage or conveyance of water, sewage, electronic communications, telephonic communications, telegraphic communications, cable television, electric energy, …
Neb. Rev. Stat. § 76-2318 Center; membership required.
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Operators of underground facilities shall become members of and participate in the center.
Neb. Rev. Stat. § 76-2319 Board of directors; rules and regulations; selection of vendor.
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(1) The center shall be governed by a board of directors who shall oversee operation of the center pursuant to rules and regulations adopted and promulgated by the State Fire Marshal to carry out the One-Call Notification System Act. The board of directors shall have the authorit…
Neb. Rev. Stat. § 76-2319.01 Board of directors; duties; report.
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The board of directors shall assess the effectiveness of enforcement programs, enforcement actions, and its damage prevention and public awareness programs and make a report to the Governor and the Legislature no later than December 1, 2021, and by December 1 every odd-numbered y…
Neb. Rev. Stat. § 76-232 Proof in lieu of acknowledgment; filing.
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Any person interested in a deed that is not acknowledged, may, at any time before or during the proceedings before such officer, file, in the office of the register of deeds of the county where the lands lie, a copy of the deed, compared with the original by the register of deeds…
Neb. Rev. Stat. § 76-2320 Operator; duty to furnish information; center operational, when.
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Every operator shall furnish the vendor selected by the board of directors with information concerning the location of its underground facilities. Every operator having underground facilities in existence in this state on February 16, 1994, shall furnish such information to the v…
Neb. Rev. Stat. § 76-2320.01 Locator; training required.
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Any locator acting as a contractor for an operator to perform location services shall be trained in locator standards and practices applicable to the industry. The board of directors may review locator training materials provided by operators, locators, and excavators and may mak…
Neb. Rev. Stat. § 76-2320.02 Use of plastic or nonmetallic underground facilities; installation requirements.
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Notwithstanding any other provision of the One-Call Notification System Act, any plastic or nonmetallic underground facilities installed underground on or after January 1, 2021, shall be installed in such a manner as to be locatable, either by mapping or by use of tracer wire, by…
Neb. Rev. Stat. § 76-2321 Excavation; notice; contents; commencement.
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(1) A person shall not commence any excavation without first giving notice to every operator. An excavator's notice to the center shall be deemed notice to all operators. An excavator's notice to operators shall be ineffective for purposes of this subsection unless given to the c…
Neb. Rev. Stat. § 76-2322 Excavator; notice to center.
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An excavator shall serve notice of intent to excavate upon the center by submitting a locate request using a method provided by the center. The center shall inform the excavator of all operators to whom such notice will be transmitted and shall promptly transmit such notice to ev…
Neb. Rev. Stat. § 76-2323 Underground facilities; mark or identify; excavator; violations.
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(1) Upon receipt of the information contained in the notice pursuant to section 76-2321, an operator shall advise the excavator of the approximate location of underground facilities in the area of the proposed excavation by marking or identifying the location of the underground f…
Neb. Rev. Stat. § 76-2324 Excavator; liability for damage; when.
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An excavator who fails to give notice of an excavation pursuant to section 76-2321 or who fails to comply with section 76-2331 and who damages an underground facility by such excavation shall be strictly liable to the operator of the underground facility for the cost of all repai…
Neb. Rev. Stat. § 76-2325 Violations; civil penalty; investigation; State Fire Marshal; committee; duties; hearing; civil penalty; costs.
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(1) Until September 1, 2024: (a) Any person who violates section 76-2320, 76-2320.01, 76-2320.02, 76-2321, 76-2322, 76-2323, 76-2326, 76-2330, or 76-2331 shall be subject to a civil penalty as follows: (i) For a violation by an excavator or an operator related to a gas or hazardo…
Neb. Rev. Stat. § 76-2325.01 Unlawful interference; penalty.
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Any person who willfully and maliciously breaks, injures, destroys, or otherwise interferes with the poles, wires, or other facilities of any telecommunications, broadband, communications, wireless infrastructure, or railroad company or electric light and power company in this st…
Neb. Rev. Stat. § 76-2326 Damage; duty of excavator.
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If any underground facility is damaged, dislocated, or disturbed before or during excavation, the excavator shall immediately notify the center. An excavator shall not conceal or attempt to conceal damage, dislocation, or disturbance of an underground facility and shall not repai…
Neb. Rev. Stat. § 76-2327 Incorrect location; duty of excavator.
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If in the course of excavation the excavator discovers that the operator has incorrectly located the underground facility, he or she shall notify the center as soon as practical but no later than seventy-two hours after discovery.
Neb. Rev. Stat. § 76-2328 Local permits; treatment; claims against political subdivisions.
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The One-Call Notification System Act shall not affect or impair any local ordinances or other provisions of law requiring permits to be obtained before an excavation. A permit issued by a governing body shall not relieve an excavator from complying with the requirements of the ac…
Neb. Rev. Stat. § 76-2329 Emergency conditions; bar test survey; notification requirements; liability.
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(1) Sections 76-2321 and 76-2323 shall not apply to an excavation made under an emergency condition if all reasonable precautions are taken to protect the underground facilities. If an emergency condition exists, the excavator shall give notification in substantial compliance wit…
Neb. Rev. Stat. § 76-233 Proof in lieu of acknowledgment; certificate of officer.
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Every officer, who shall take the acknowledgment or proof of any deed, shall endorse a certificate thereof signed by himself on the deed, and in such certificate shall truly and specifically set forth the matters hereinbefore required to be done, known or proved, on such acknowle…
Neb. Rev. Stat. § 76-2330 Center; duties.
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The center shall: (1) Maintain adequate records documenting compliance with the requirements of the One-Call Notification System Act, including records of all telephone calls and records of all locate requests for the preceding five years which will be made available and printed …
Neb. Rev. Stat. § 76-2331 Underground natural gas transmission line; representative present; excavation; duties.
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Unless otherwise agreed by the operator and excavator in writing, no excavation shall be performed within twenty-five feet of an underground natural gas transmission line as defined in 49 C.F.R. 192.3 unless a representative of the operator of the underground natural gas transmis…
Neb. Rev. Stat. § 76-2332 State Fire Marshal; powers.
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The State Fire Marshal may, by rule and regulation, define occurrences relating to damage of an underground facility that creates an emergency condition that requires an excavator to immediately notify an operator or a locator, if applicable, and the center regarding the location…
Neb. Rev. Stat. § 76-2333 Underground Excavation Safety Committee; created; members; appointment; expenses; duties.
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(1) Beginning September 1, 2024, the Underground Excavation Safety Committee is created. The committee shall consist of the following members: (a) The State Fire Marshal or the State Fire Marshal's designee, (b) three representatives of operators, (c) three representatives of exc…
Neb. Rev. Stat. § 76-2334 Rules and regulations.
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The State Fire Marshal shall adopt and promulgate rules and regulations to carry out section 76-2333 and subsection (2) of section 76-2325, including general rules of practice and procedure relating to the committee, training requirements for investigators, and rules governing th…
Neb. Rev. Stat. § 76-234 Acknowledgment; duty of officer.
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No acknowledgment of any conveyance shall be taken by any officer, unless the officer taking it shall know or have satisfactory evidence that the person making such acknowledgment is the person described in and who executed such conveyance.
Neb. Rev. Stat. § 76-235 Deed; receipt in evidence; recording; proof.
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Every deed acknowledged or proved, and certified by any of the officers named in sections 76-217, 76-219, 76-220, 76-226 and 76-227, and authorized to take acknowledgments, including the certificate specified in section 76-242, whenever such certificate is required by law, may be…