FrankGoortani/open-us-law huggingface dataset:
Neb. Rev. Stat. § 36-805 — NE Code / Chapter 36 / Section 36-805
View Statute 36-805
Status: in_force

(a) A transfer made or obligation incurred by a debtor is voidable as to a creditor, whether the creditor's claim arose before or after the transfer was made or the obligation was incurred, if the debtor made the transfer or incurred the obligation:

(1) with actual intent to hinder, delay, or defraud any creditor of the debtor; or

(2) without receiving a reasonably equivalent value in exchange for the transfer or obligation, and the debtor:

(i) was engaged or was about to engage in a business or a transaction for which the remaining assets of the debtor were unreasonably small in relation to the business or transaction; or

(ii) intended to incur, or believed or reasonably should have believed that the debtor would incur, debts beyond the debtor's ability to pay as they became due.

(b) In determining actual intent under subdivision (a)(1) of this section, consideration may be given, among other factors, to whether:

(1) the transfer or obligation was to an insider;

(2) the debtor retained possession or control of the property transferred after the transfer;

(3) the transfer or obligation was disclosed or concealed;

(4) before the transfer was made or obligation was incurred, the debtor had been sued or threatened with suit;

(5) the transfer was of substantially all the debtor's assets;

(6) the debtor absconded;

(7) the debtor removed or concealed assets;

(8) the value of the consideration received by the debtor was reasonably equivalent to the value of the asset transferred or the amount of the obligation incurred;

(9) the debtor was insolvent or became insolvent shortly after the transfer was made or the obligation was incurred;

(10) the transfer occurred shortly before or shortly after a substantial debt was incurred; and

(11) the debtor transferred the essential assets of the business to a lienor that transferred the assets to an insider of the debtor.

(c) A creditor making a claim for relief under subsection (a) of this section has the burden of proving the elements of the claim for relief by a preponderance of the evidence.

Laws 2019, LB70, § 5.
Neb. Rev. Stat. § 30-4508 — NE Code / Chapter 30 / Section 30-4508
View Statute 30-4508
Status: in_force

(a) Notice to a person with authority to represent and bind another person under a first-trust instrument or sections 30-3822 to 30-3826 has the same effect as notice given directly to the person represented.

(b) Consent of or waiver by a person with authority to represent and bind another person under a first-trust instrument or sections 30-3822 to 30-3826 is binding on the person represented unless the person represented objects to the representation before the consent or waiver otherwise would become effective.

(c) A person with authority to represent and bind another person under a first-trust instrument or sections 30-3822 to 30-3826 may file an application under section 30-4509 on behalf of the person represented.

(d) A settlor may not represent or bind a beneficiary for purposes of the Uniform Trust Decanting Act.

Laws 2020, LB808, § 18.
Neb. Rev. Stat. § 68-1216 — NE Code / Chapter 68 / Section 68-1216
View Statute 68-1216
Status: in_force

The Department of Health and Human Services shall annually allocate at least ten percent of available funds for the low-income home energy assistance program established pursuant to the federal Energy Policy Act of 2005, 42 U.S.C. 8621 to 8630, to weatherization assistance for eligible households as administered by the department or other agencies of the state.

Laws 2021, LB306, § 2.
Neb. Rev. Stat. § 67-428 — NE Code / Chapter 67 / Section 67-428
View Statute 67-428
Status: in_force

The only transferable interest of a partner in the partnership is the partner's share of the profits and losses of the partnership and the partner's right to receive distributions. The interest is personal property.

Laws 1997, LB 523, § 28.
Neb. Rev. Stat. § 71-3001 — NE Code / Chapter 71 / Section 71-3001
View Statute 71-3001
Status: in_force

Sections 71-3001 to 71-3007 shall be known and may be cited as the Nebraska Mental Health First Aid Training Act.

Laws 2014, LB901, § 2.
Neb. Rev. Stat. § 59-1741 — NE Code / Chapter 59 / Section 59-1741
View Statute 59-1741
Status: in_force

Every contract for sale or lease of a seller-assisted marketing plan in this state shall be in writing and shall be subject to the provisions of the Seller-Assisted Marketing Plan Act. A copy of the fully completed contract and all other documents the seller requires the purchaser to sign shall be given to the purchaser at the time such documents are signed.

Laws 1979, LB 180, § 41;

Laws 1993, LB 218, § 16.
Neb. Rev. Stat. § 48-659 — NE Code / Chapter 48 / Section 48-659
View Statute 48-659
Status: in_force

In the event of any distribution of an employer's assets pursuant to an order of any court under the laws of this state, including dissolution, reorganization, administration of estates of decedents, receivership, assignment for benefit of creditors, adjudicated insolvency, composition, or similar proceeding, any claims for combined tax and interest thereon due or accrued under the Employment Security Law which have not been reduced to a lien in accordance with section 48-657 shall receive the priority of a tax.

Laws 1937, c. 108, § 14, p. 398;

Laws 1939, c. 56, § 11, p. 251;

C.S.Supp.,1941, § 48-713;

R.S.1943, § 48-659;

Laws 1953, c. 167, § 10, p. 536;

Laws 1985, LB 339, § 40;

Laws 1994, LB 1337, § 17.
Neb. Rev. Stat. § 53-166.09 — NE Code / Chapter 53 / Section 53-166.09
View Statute 53-166.09
Status: in_force

Note: The Revisor of Statutes, as authorized by section 49-705, has omitted sections 53-166.01 to 53-166.17, which the Supreme Court has held to be unconstitutional. United States Brewers' Assn., Inc. v. State, 192 Neb. 328, 220 N.W.2d 544 (1974).
Neb. Rev. Stat. § 58-210.02 — NE Code / Chapter 58 / Section 58-210.02
View Statute 58-210.02
Status: in_force

(1) Economic-impact project means:

(a) Any of the following, whether or not in existence, financed in whole or in part through the use of the federal new markets tax credit described in section 45D of the Internal Revenue Code, and located in a low-income community designated pursuant to section 45D of the Internal Revenue Code or designated by the Department of Economic Development:

(i) Any land, building, or other improvement, including, but not limited to, infrastructure;

(ii) Any real or personal property;

(iii) Any equipment; or

(iv) Any undivided or other interest in any property described in subdivision (1)(a)(i), (1)(a)(ii), or (1)(a)(iii) of this section; or

(b) Any of the following, whether or not in existence, which constitutes a qualified opportunity zone business located in one or more certified qualified opportunity zones which is financed in whole or in part through one or more investments acquired by one or more qualified opportunity funds as authorized pursuant to the federal Tax Cuts and Jobs Act, Public Law 115-97:

(i) Any land, building, or other improvement, including, but not limited to, infrastructure;

(ii) Any real or personal property;

(iii) Any equipment; or

(iv) Any undivided or other interest in any property described in subdivision (1)(b)(i), (1)(b)(ii), or (1)(b)(iii) of this section.

(2) Economic-impact project does not include any operating capital.

Laws 2006, LB 693, § 5;

Laws 2022, LB707, § 35.
Neb. Rev. Stat. § 43-2619 — NE Code / Chapter 43 / Section 43-2619
View Statute 43-2619
Status: in_force

There is hereby created within the State Department of Education an office for child development and early childhood education services.

Laws 1991, LB 836, § 19.
Neb. Rev. Stat. § 29-834 — NE Code / Chapter 29 / Section 29-834
View Statute 29-834
Status: in_force

All general laws pertaining to search warrants, including but not limited to the filing costs involved and the conditions and time for return, shall be applicable to inspection warrants, unless in conflict with sections 29-830 to 29-833 .

Laws 1969, c. 231, § 5, p. 859.
Neb. Rev. Stat. § 42-920 — NE Code / Chapter 42 / Section 42-920
View Statute 42-920
Status: in_force

The department may construct, lease, purchase, purchase on contract, utilize vendor payment, and contract for services connected with the operation of the Protection from Domestic Abuse Act as needs and interest demand.

Laws 1978, LB 623, § 20;

Laws 1997, LB 829, § 5.
Neb. Rev. Stat. § 60-483.01 — NE Code / Chapter 60 / Section 60-483.01
View Statute 60-483.01
Status: in_force

An employer may apply to the Department of Motor Vehicles for a file check from the National Driver Register on a current or prospective employee. The employer shall pay a fee of two dollars for each check. Upon receipt of the application and fee, the department shall furnish the check to the employer and remit the fees to the State Treasurer for credit to the Department of Motor Vehicles Cash Fund.

Laws 1995, LB 467, § 8.
Neb. Rev. Stat. § 49-1803 — NE Code / Chapter 49 / Section 49-1803
View Statute 49-1803
Status: in_force

The Uniform Unsworn Foreign Declarations Act applies to an unsworn declaration by a declarant who at the time of making the declaration is physically located outside the boundaries of the United States whether or not the location is subject to the jurisdiction of the United States.

Laws 2017, LB57, § 5.
Neb. Rev. Stat. § 19-3101 — NE Code / Chapter 19 / Section 19-3101
View Statute 19-3101
Status: in_force

In all cities of the first class, cities of the second class, and villages, regardless of the form of government, in addition to the events listed in section 32-560 and any other reasons for a vacancy provided by law, after notice and a hearing, a vacancy on the city council or village board of trustees shall exist if a member is absent from more than five consecutive regular meetings of the city council or village board of trustees unless the absences are excused by a majority vote of the remaining members.

Laws 2002, LB 1054, § 1;

Laws 2019, LB193, § 179.
Neb. Rev. Stat. § 37-422 — NE Code / Chapter 37 / Section 37-422
View Statute 37-422
Status: in_force

(1) The commission may require special daily fishing permits on areas designated by it and subject to intensive fishery management. Such permits may be vended by mechanical or electronic methods. The commission may establish the fee, form, and requirements of such special daily fishing permit, and establish rules and regulations and commission orders pursuant to section 37-314 governing seasons, limits, methods of taking, open or closed waters, and such other regulations and commission orders as it deems necessary on such designated areas. Such special daily fishing permit shall be required of any and all persons fishing on the designated area and shall be the only fishing permit required thereon. The commission may only issue the permits authorized by this section on staffed areas or on portions of staffed areas under its ownership or control which are intensively managed or stocked for a high level of fish production.

(2) An educational fishing project permit may be issued to any instructor of a university, college, or high school and his or her students participating in an educational fishing project. Such persons shall be exempt from the payment of any fees provided by the Game Law for the privilege of fishing in Nebraska while participating in the project. Such exemption shall not extend to the privilege of commercial fishing or to the privilege of fishing for any species of fish on which an open season is limited to a restricted number of permits or to special permits for a restricted area. The commission shall adopt and promulgate rules and regulations necessary to carry out this subsection.

Laws 1967, c. 212, § 1, p. 573;

R.S.1943, (1993), § 37-204.02;

Laws 1998, LB 922, § 132;

Laws 1999, LB 176, § 26;

Laws 2013, LB499, § 4.
Neb. Rev. Stat. § 58-704 — NE Code / Chapter 58 / Section 58-704
View Statute 58-704
Status: in_force

(1) The Legislature finds that the development of operational rules and regulations and an appropriate source of funding is critical to the success of the Affordable Housing Trust Fund. A housing advisory committee is created to address issues related to the operation of the fund and to recommend a plan to coordinate low-income housing efforts throughout the state. On or before December 15, 1996, the committee shall recommend to the Legislature and the Governor the most viable revenue source or sources for the funding of the fund. The committee shall also recommend for public review proposals for rules and regulations to carry out the fund, including time limitations for the use of financial assistance and limitations on the administrative costs of proposed projects. For administrative purposes, the committee shall be located in the Department of Economic Development.

(2) The committee shall consist of fifteen members who represent a wide range of interests associated with the development and sales of housing. The Governor shall appoint the members and a chairperson and vice-chairperson from the members. The committee may be a committee or council previously created by statute or executive order of the Governor. The Governor shall attempt to have the nonprofit and for-profit communities equally represented on the advisory committee.

(3) The committee shall meet at the call of the chairperson or a majority of the members. The chairperson shall call such meetings as he or she determines necessary to fulfill the duties of the committee. A quorum shall be one-half of the members.

Laws 1996, LB 1322, § 14.
Neb. Rev. Stat. § 44-407.12 — NE Code / Chapter 44 / Section 44-407.12
View Statute 44-407.12
Status: in_force

Notwithstanding the requirements of section 44-407.11 , any deferred annuity contract may provide that if no considerations have been received under a contract for a period of two full years and the portion of the paid-up annuity benefit at maturity on the plan stipulated in the contract arising from considerations paid prior to such period would be less than twenty dollars monthly, the company may at its option terminate such contract by payment in cash of the then present value of such portion of the paid-up annuity benefit, calculated on the basis of the mortality table, if any, and interest rate specified in the contract for determining the paid-up annuity benefit, and by such payment shall be relieved of any further obligation under such contract.

Laws 1979, LB 354, § 8.
Neb. Rev. Stat. § 2-3974 — NE Code / Chapter 2 / Section 2-3974
2-3974
Status: in_force

(1) The department may apply for a restraining order or a temporary or permanent injunction against any person violating or threatening to violate the Nebraska Milk Act or the rules and regulations adopted and promulgated pursuant to the act in order to insure compliance with the provisions thereof. The district court of the county where the violation is occurring or is about to occur shall have jurisdiction to grant such relief upon good cause shown. Relief may be granted notwithstanding the existence of other remedies at law and shall be granted without bond.

(2) Any person violating the act or who impedes, obstructs, hinders, or otherwise prevents or attempts to prevent the director in the performance of his or her duties in connection with the enforcement of the act or the rules and regulations adopted and promulgated by the department is guilty of a Class V misdemeanor.

(3) It shall be the duty of the county attorney of the county in which violations of the act are occurring or are about to occur, when notified of such violations or threatened violations by the department, to cause appropriate proceedings under subsection (1) of this section to be instituted and pursued in the district court without delay.

Laws 1980, LB 632, § 9;

Laws 1986, LB 900, § 8;

R.S.1943, (1997), § 2-3909;

Laws 2007, LB111, § 10.
Neb. Rev. Stat. § 48-1714 — NE Code / Chapter 48 / Section 48-1714
View Statute 48-1714
Status: in_force

(1) Any person violating section 48-1711 or 48-1712 shall be guilty of a Class II misdemeanor.

(2) Any person who (a) intentionally defaces, alters, or changes a farm labor contractor license, (b) uses the license of another, (c) knowingly permits the use of another person's license, or (d) acts as a farm labor contractor without a license shall be guilty of a Class II misdemeanor.

Laws 1987, LB 344, § 14.
Neb. Rev. Stat. § 23-3582 — NE Code / Chapter 23 / Section 23-3582
23-3582
Status: in_force

(1) Whenever the formation of a hospital authority is desired, a petition or petitions stating (a) the general location of the hospital to be maintained by such proposed authority, (b) the territory to be included within it, which territory shall be contiguous, (c) the approximate number of persons believed to reside within the boundaries of the proposed authority, and (d) the names of five or more, but not exceeding eleven, proposed trustees, who shall be electors residing within the boundaries of the proposed authority, to serve as a board of trustees until their successors are appointed and qualified, should the authority be formed, together with a prayer that the same be declared to be a hospital authority under the Hospital Authorities Act may be filed in the office of the county clerk of the county in which the proposed authority is situated.

(2)(a) Each hospital authority established in a county having a total population of four hundred thousand or more, as shown by the most recent federal decennial census, shall encompass an area in which at least forty thousand persons reside, (b) each hospital authority established in a county having a total population of one hundred fifty thousand to four hundred thousand, as shown by the most recent federal decennial census, shall encompass an area in which at least thirty thousand persons reside, (c) each hospital authority established in a county having a total population of twenty thousand to one hundred fifty thousand, as shown by the most recent federal decennial census, shall encompass an area in which at least twenty thousand persons reside, and (d) no hospital authority shall be established in any county having a total population of less than twenty thousand, as shown by the most recent federal decennial census, unless the hospital authority encompasses the entire county which it is to serve. Such petitions shall be signed by at least one hundred electors who appear to reside within the suggested boundaries of the proposed authority.

Laws 1971, LB 54, § 4;

R.S.1943, (1987), § 23-343.77;

Laws 1993, LB 815, § 2;

Laws 2016, LB742, § 14.
Neb. Rev. Stat. § 28-1013 — NE Code / Chapter 28 / Section 28-1013
View Statute 28-1013
Status: in_force

Sections 28-1008 to 28-1017 and 28-1019 shall not apply to:

(1) Care or treatment of an animal or other conduct by a veterinarian or veterinary technician licensed under the Veterinary Medicine and Surgery Practice Act that occurs within the scope of his or her employment, that occurs while acting in his or her professional capacity, or that conforms to commonly accepted veterinary practices;

(2) Commonly accepted care or treatment of a police animal by a law enforcement officer in the normal course of his or her duties;

(3) Research activity carried on by any research facility currently meeting the standards of the federal Animal Welfare Act, 7 U.S.C. 2131 et seq., as such act existed on January 1, 2010;

(4) Commonly accepted practices of hunting, fishing, or trapping;

(5) Humane killing of an animal by the owner or by his or her agent or a veterinarian upon the owner's request;

(6) Use of reasonable force against an animal, other than a police animal, which is working, including killing, capture, or restraint, if the animal is outside the owned or rented property of its owner or custodian and is injuring or posing an immediate threat to any person or other animal;

(7) Killing of house or garden pests; and

(8) Commonly accepted animal training practices.

Laws 1990, LB 50, § 6;

Laws 1995, LB 283, § 4;

Laws 2003, LB 273, § 6;

Laws 2007, LB463, § 1127;

Laws 2008, LB764, § 5;

Laws 2008, LB1055, § 4;

Laws 2009, LB494, § 2;

Laws 2010, LB865, § 14;

Laws 2015, LB360, § 6.

Veterinary Medicine and Surgery Practice Act, see section 38-3301 .
Neb. Rev. Stat. § 13-2011 — NE Code / Chapter 13 / Section 13-2011
View Statute 13-2011
Status: in_force

Integrated solid waste management shall mean solid waste management which is focused on planned development of programs and facilities that reduce waste toxicity and volume, recycle marketable materials, and provide for safe disposal of residuals.

Laws 1992, LB 1257, § 11.
Neb. Rev. Stat. § 24-713.03 — NE Code / Chapter 24 / Section 24-713.03
View Statute 24-713.03
Status: in_force

Upon termination or partial termination of the retirement system or upon complete discontinuance of contributions under the retirement system, the rights of all affected members to benefits accrued to the date of such termination, partial termination, or discontinuance, to the extent funded as of such date, shall be nonforfeitable.

Laws 1998, LB 1191, § 40.
Neb. Rev. Stat. § 30-3424 — NE Code / Chapter 30 / Section 30-3424
View Statute 30-3424
Status: in_force

Subject to subsection (5) of section 30-3417 and subsection (7) of section 30-3420 , in the absence of an effective designation of power of attorney for health care nothing in sections 30-3401 to 30-3432 shall affect any right a person may otherwise have to make health care decisions on behalf of another.

Laws 1992, LB 696, § 24;

Laws 1993, LB 782, § 28.
Neb. Rev. Stat. § 38-1044 — NE Code / Chapter 71 / Section 38-1044
38-1044
Status: in_force

Permanent color technology means the process by which the skin is marked or colored by insertion of nontoxic dyes or pigments into or under the subcutaneous portion of the skin upon the body of a live human being so as to form indelible marks for cosmetic purposes.

Laws 2004, LB 906, § 12;

R.S.Supp.,2006, § 71-362.01;

Laws 2007, LB463, § 306.
Neb. Rev. Stat. § 43-512.16 — NE Code / Chapter 43 / Section 43-512.16
View Statute 43-512.16
Status: in_force

The county attorney or authorized attorney shall review the health care coverage provisions contained in any child support order which is subject to review under section 43-512.12 and shall include in any application for modification a request that the court order health care coverage or cash medical support as provided in subsection (2) of section 42-369 .

Laws 1991, LB 715, § 17;

Laws 2009, LB288, § 12.
Neb. Rev. Stat. § 38-301 — NE Code / Chapter 38 / Section 38-301
View Statute 38-301
Status: in_force

Sections 38-301 to 38-321 shall be known and may be cited as the Alcohol and Drug Counseling Practice Act.

Laws 2007, LB463, § 152.