Chapter 86 — TELECOMMUNICATIONS AND TECHNOLOGY
651 sections in this chapter.
Neb. Rev. Stat. § 86-617 Contract, defined.
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Contract means the total legal obligation resulting from the parties' agreement as affected by the Uniform Electronic Transactions Act and other applicable law.
Neb. Rev. Stat. § 86-618 Electronic, defined.
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Electronic means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities.
Neb. Rev. Stat. § 86-619 Electronic agent, defined.
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Electronic agent means a computer program or an electronic or other automated means used independently to initiate an action or respond to electronic records or performances, in whole or in part, without review or action by an individual.
Neb. Rev. Stat. § 86-620 Electronic record, defined.
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Electronic record means a record created, generated, sent, communicated, received, or stored by electronic means.
Neb. Rev. Stat. § 86-621 Electronic signature, defined.
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Electronic signature means an electronic sound, symbol, or process attached to or logically associated with a record and executed or adopted by a person with the intent to sign the record.
Neb. Rev. Stat. § 86-622 Governmental agency, defined.
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Governmental agency means an executive, legislative, or judicial agency, department, board, commission, authority, institution, or instrumentality of the federal government or of a state or a county, municipality, or other political subdivision of a state.
Neb. Rev. Stat. § 86-623 Information, defined.
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Information means data, text, images, sounds, codes, computer programs, software, databases, or the like.
Neb. Rev. Stat. § 86-624 Information processing system, defined.
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Information processing system means an electronic system for creating, generating, sending, receiving, storing, displaying, or processing information.
Neb. Rev. Stat. § 86-625 Person, defined.
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Person means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, governmental agency, public corporation, or any other legal or commercial entity.
Neb. Rev. Stat. § 86-626 Record, defined.
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Record means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form.
Neb. Rev. Stat. § 86-627 Security procedure, defined.
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Security procedure means a procedure employed for the purpose of verifying that an electronic signature, record, or performance is that of a specific person or for detecting changes or errors in the information in an electronic record. Security procedure includes a procedure that…
Neb. Rev. Stat. § 86-628 State, defined.
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State means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States. State includes an Indian tribe or band, or Alaskan native village, which is …
Neb. Rev. Stat. § 86-629 Transaction, defined.
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Transaction means an action or set of actions occurring between two or more persons relating to the conduct of business, commercial, or governmental affairs.
Neb. Rev. Stat. § 86-630 Applicability of act.
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(1) Except as otherwise provided in subsection (2) of this section, the Uniform Electronic Transactions Act applies to electronic records and electronic signatures relating to a transaction. (2) The act does not apply to a transaction to the extent it is governed by: (a) A law go…
Neb. Rev. Stat. § 86-631 Prospective application.
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The Uniform Electronic Transactions Act applies to any electronic record or electronic signature created, generated, sent, communicated, received, or stored on or after July 13, 2000.
Neb. Rev. Stat. § 86-632 Use of electronic records and electronic signatures; variation by agreement.
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(1) The Uniform Electronic Transactions Act does not require a record or signature to be created, generated, sent, communicated, received, stored, or otherwise processed or used by electronic means or in electronic form. (2) The act applies only to transactions between parties ea…
Neb. Rev. Stat. § 86-633 Construction and application.
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The Uniform Electronic Transactions Act must be construed and applied: (1) To facilitate electronic transactions consistent with other applicable law; (2) To be consistent with reasonable practices concerning electronic transactions and with the continued expansion of those pract…
Neb. Rev. Stat. § 86-634 Legal recognition of electronic records, electronic signatures, and electronic contracts.
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(1) A record or signature may not be denied legal effect or enforceability solely because it is in electronic form. (2) A contract may not be denied legal effect or enforceability solely because an electronic record was used in its formation. (3) If a law requires a record to be …
Neb. Rev. Stat. § 86-635 Provision of information in writing; presentation of records.
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(1) If parties have agreed to conduct a transaction by electronic means and a law requires a person to provide, send, or deliver information in writing to another person, the requirement is satisfied if the information is provided, sent, or delivered, as the case may be, in an el…
Neb. Rev. Stat. § 86-636 Attribution and effect of electronic record and electronic signature.
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(1) An electronic record or electronic signature is attributable to a person if it was the act of the person. The act of the person may be shown in any manner, including a showing of the efficacy of any security procedure applied to determine the person to which the electronic re…
Neb. Rev. Stat. § 86-637 Effect of change or error.
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If a change or error in an electronic record occurs in a transmission between parties to a transaction, the following rules apply: (1) If the parties have agreed to use a security procedure to detect changes or errors and one party has conformed to the procedure, but the other pa…
Neb. Rev. Stat. § 86-638 Notarization and acknowledgment.
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If a law requires a signature or record to be notarized, acknowledged, verified, or made under oath, the requirement is satisfied if the electronic signature of the person authorized to perform those acts, together with all other information required to be included by other appli…
Neb. Rev. Stat. § 86-639 Retention of electronic records; originals.
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(1) If a law requires that a record be retained, the requirement is satisfied by retaining an electronic record of the information in the record which: (a) Accurately reflects the information set forth in the record after it was first generated in its final form as an electronic …
Neb. Rev. Stat. § 86-640 Admissibility in evidence.
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In a proceeding, evidence of a record or signature may not be excluded solely because it is in electronic form.
Neb. Rev. Stat. § 86-641 Automated transaction.
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In an automated transaction, the following rules apply: (1) A contract may be formed by the interaction of electronic agents of the parties, even if no individual was aware of or reviewed the electronic agents' actions or the resulting terms and agreements; (2) A contract may be …
Neb. Rev. Stat. § 86-642 Time and place of sending and receipt.
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(1) Unless otherwise agreed between the sender and the recipient, an electronic record is sent when it: (a) Is addressed properly or otherwise directed properly to an information processing system that the recipient has designated or uses for the purpose of receiving electronic r…
Neb. Rev. Stat. § 86-643 Transferable records.
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(1) In this section, transferable record means an electronic record that: (a) Would be a note under article 3 of the Uniform Commercial Code or a document under article 7 of the Uniform Commercial Code if the electronic record were in writing; and (b) The issuer of the electronic…
Neb. Rev. Stat. § 86-644 Electronic postmark; use by state agency; authorized.
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(1) It is the intent of the Legislature to promote economic growth and the efficient operation of business and government in Nebraska through the electronic exchange of information and legally binding electronic communications. In order to facilitate the electronic exchange of in…
Neb. Rev. Stat. § 86-701 Telecommunications rights-of-way; definitions, where found.
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For purposes of sections 86-701 to 86-710, the definitions found in sections 86-702 and 86-703 apply.
Neb. Rev. Stat. § 86-702 Highway, defined.
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Highway has the same meaning as in section 60-624.
Neb. Rev. Stat. § 86-703 Telecommunications company, defined.
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Telecommunications company has the same meaning as in section 86-119.
Neb. Rev. Stat. § 86-704 Telecommunications companies; right-of-way; wires; governing entities; powers and duties; increase in occupation tax; procedure; election.
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(1) Any telecommunications company, incorporated or qualified to do business in this state, is granted the right to construct, operate, and maintain telecommunications lines and related facilities along, upon, across, and under the public highways of this state, and upon and unde…
Neb. Rev. Stat. § 86-705 Right-of-way; condemnation; procedure.
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Any telecommunications company may enter upon private lands to survey the lands for the purpose of obtaining a right-of-way. Every owner of an interest in private lands to be occupied by any telecommunications lines shall be compensated for any right-of-way appropriated pursuant …
Neb. Rev. Stat. § 86-706 Right-of-way; condemnation; location; costs; abandonment.
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Any right-of-way obtained under sections 86-701 to 86-707 by condemnation proceedings for poles, aerial wires, and aerial cables shall be located only on section boundary lines as established by law or property boundary lines adjoining public highways as established by law. All e…
Neb. Rev. Stat. § 86-707 Right-of-way; state and federal highways; regulation by Department of Transportation.
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If the right to construct, operate, and maintain the telecommunications lines and related facilities is granted along, upon, across, or under a state or federal highway, the location and installation of such lines and related facilities, insofar as they pertain to the present and…
Neb. Rev. Stat. § 86-708 Telephone lines; notice of widening of roads; when given.
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Whenever any county or township road construction, widening, repair, or grading project requires, or can reasonably be expected to require, the performance of any work within six feet of any telephone line, poles, or anchors, notice to the owner of such line, poles, or anchors sh…
Neb. Rev. Stat. § 86-709 Telephone lines; notice of widening of roads; contents.
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The notice required by section 86-708 shall state the nature and location of the work to be done and the date on which such work is scheduled to commence. In the event of any change in the scheduled time of starting such work, notice of such change shall be given as soon as pract…
Neb. Rev. Stat. § 86-710 Telephone lines; liability; cost of removal.
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Any owner of any telephone line failing to move its lines, poles, or anchors located near a public highway in accordance with the notice provided by section 86-708 shall be liable to the county or township for the cost of relocating such lines, poles, or anchors. When an owner of…
Neb. Rev. Stat. § 86-711 Governing entity; acts prohibited.
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(1) For purposes of this section: (a) Action means any law, rule, regulation, ordinance, resolution, or similar action by a governing entity; (b) Governing entity means (i) a state agency acting in any capacity and (ii) an agency, municipality, county, member of the public power …
Neb. Rev. Stat. § 86-801 Act, how cited.
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Sections 86-801 to 86-807 shall be known and may be cited as the Kelsey Smith Act.
Neb. Rev. Stat. § 86-802 Terms, defined.
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For purposes of the Kelsey Smith Act: (1) Call location information means the best available location information, including, but not limited to, information obtained using historical cellular site information or a mobile locator tool; (2) Law enforcement agency means a police de…
Neb. Rev. Stat. § 86-803 Wireless carrier; provide call location information.
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Upon request of any law enforcement agency, a wireless carrier shall provide call location information concerning the wireless communication device of a user as soon as practicable following receipt of the request to facilitate the response to a call for emergency services or in …
Neb. Rev. Stat. § 86-804 Limitation on liability.
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No cause of action shall lie in any court against any wireless carrier or its officers, employees, agents, or assigns for providing call location information while acting at the request of a law enforcement agency in accordance with the provisions of the Kelsey Smith Act. All wir…
Neb. Rev. Stat. § 86-805 Wireless carrier; provide contact information; Nebraska State Patrol; duties.
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(1) Any wireless carrier authorized to do business in this state or submitting to the jurisdiction of this state shall provide updated contact information to the Nebraska State Patrol on a semiannual basis or within three working days after a change in such information that would…
Neb. Rev. Stat. § 86-806 Nebraska State Patrol; provide information to law enforcement agencies.
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The Nebraska State Patrol shall provide the information collected pursuant to section 86-805 to all law enforcement agencies in this state on a quarterly basis or as soon as practicable if a change in such information has occurred.
Neb. Rev. Stat. § 86-807 Voluntary disclosure of call location information.
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Notwithstanding any other provision of law to the contrary, nothing in the Kelsey Smith Act shall prohibit a wireless carrier from establishing protocols by which the wireless carrier could voluntarily disclose call location information.
Neb. Rev. Stat. § 86-901 Act, how cited.
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Sections 86-901 to 86-905 shall be known and may be cited as the Prepaid Wireless Surcharge Act.
Neb. Rev. Stat. § 86-902 Terms, defined.
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For purposes of the Prepaid Wireless Surcharge Act: (1) Consumer means a person who purchases prepaid wireless telecommunications service in a retail transaction; (2) Prepaid wireless surcharge means the charge that is required to be collected by a seller from a consumer in the a…
Neb. Rev. Stat. § 86-903 Prepaid wireless surcharge; determination; Department of Revenue; duties; collection; disclosure; liability of consumer.
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(1) The Department of Revenue shall determine the prepaid wireless surcharge annually, effective January 1, based on the charges described in subsection (2) of this section as in effect on the preceding July 1. The department shall provide not less than ninety days' advance notic…
Neb. Rev. Stat. § 86-904 Sellers; remittance; deduction authorized; audit and appeal provisions applicable; Department of Revenue; duties; deduction.
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(1) Sellers shall remit collected prepaid wireless surcharges to the Department of Revenue in the manner provided in the Nebraska Revenue Act of 1967 with respect to sales tax. Sellers shall remit the prepaid wireless surcharges to the department on a monthly basis, except that i…