FrankGoortani/open-us-law huggingface dataset:
Neb. Rev. Stat. § 43-4510 — NE Code / Chapter 43 / Section 43-4510
View Statute 43-4510
Status: in_force

(1) If desired by the young adult, the young adult shall be provided a court-appointed attorney who has received training appropriate to the role. The attorney's representation of the young adult shall be client-directed. The attorney shall protect the young adult's legal rights and vigorously advocate for the young adult's wishes and goals, including assisting the young adult as necessary to ensure that the bridge to independence program is providing the young adult with the services and support required under the Young Adult Bridge to Independence Act. For young adults who were appointed a guardian ad litem or defense counsel before the young adult attained the age of eligibility, the guardian ad litem's or defense counsel's appointment may be continued, with consent from the young adult, but under a client-directed model of representation. Before entering into a voluntary services and support agreement and at least sixty days prior to each permanency and case review, the independence coordinator shall notify the young adult of his or her right to request a client-directed attorney if the young adult would like an attorney to be appointed and shall provide the young adult with a clear and developmentally appropriate written notice regarding the young adult's right to request a client-directed attorney, the benefits and role of such attorney, and the specific steps to take to request that an attorney be appointed if the young adult would like an attorney appointed.

(2) The court has discretion to appoint a court appointed special advocate volunteer or continue the appointment of a previously appointed court appointed special advocate volunteer with the consent of the young adult.

Laws 2013, LB216, § 10;

Laws 2014, LB853, § 40;

Laws 2020, LB848, § 6;

Laws 2023, LB50, § 29.
Neb. Rev. Stat. § 43-1236 — NE Code / Chapter 43 / Section 43-1236
View Statute 43-1236
Status: in_force

(a) In addition to other procedures available to a party, a party to a child custody proceeding may offer testimony of witnesses who are located in another state, including testimony of the parties and the child, by deposition or other means allowable in this state for testimony taken in another state. The court on its own motion may order that the testimony of a person be taken in another state and may prescribe the manner in which and the terms upon which the testimony is taken.

(b) A court of this state may permit an individual residing in another state to be deposed or to testify by telephone, audiovisual means, or other electronic means before a designated court or at another location in that state. A court of this state shall cooperate with courts of other states in designating an appropriate location for the deposition or testimony.

(c) Documentary evidence transmitted from another state to a court of this state by technological means that do not produce an original writing may not be excluded from evidence on an objection based on the means of transmission.

Laws 2003, LB 148, § 11.
Neb. Rev. Stat. § 49-1432 — NE Code / Chapter 49 / Section 49-1432
View Statute 49-1432
Status: in_force

Loan shall mean a transfer of money, property, or anything of ascertainable monetary value in exchange for an obligation, conditional or not, to repay in whole or part.

Laws 1976, LB 987, § 32.
Neb. Rev. Stat. § 21-1754 — NE Code / Chapter 21 / Section 21-1754
View Statute 21-1754
Status: in_force

At the first meeting of each fiscal year, the board of directors of a central credit union shall elect from its number a president, vice president, secretary, and treasurer. The offices of secretary and treasurer may be held by one person if the bylaws so provide. Officers shall hold office for one year or until their successors are chosen and duly qualified. At the first meeting of each fiscal year, the board of directors shall elect a supervisory committee of not less than five members, none of whom shall be a member of the board of directors or the credit committee.

Laws 1996, LB 948, § 54.
Neb. Rev. Stat. § 47-801 — NE Code / Chapter 47 / Section 47-801
View Statute 47-801
Status: in_force

Sections 47-801 to 47-807 shall be known and may be cited as the Private Prison Contracting Act.

Laws 2001, LB 85, § 1.
Neb. Rev. Stat. § 39-1306 — NE Code / Chapter 39 / Section 39-1306
View Statute 39-1306
Status: in_force

Any political or governmental subdivision or any public corporation of this state shall have the authority to enter into agreements with the federal government through or with the department to enable them to participate in all the benefits to be secured from federal-aid funds, or funds made available from the federal government to be used on roads and streets. The department may negotiate and enter into agreements with the federal government, or any of its constituted agencies, and take all steps and proceedings necessary in order to secure such benefits for such political or governmental subdivisions or public corporations.

Laws 1955, c. 148, § 6, p. 420;

Laws 1967, c. 237, § 1, p. 635;

Laws 1969, c. 330, § 1, p. 1185.

First class city could contract with Department of Roads to prohibit parking on designated street within city. Vap v. City of McCook, 178 Neb. 844, 136 N.W.2d 220 (1965).

First class city could contract with Department of Roads to prohibit parking on designated street within city. Vap v. City of McCook, 178 Neb. 844, 136 N.W.2d 220 (1965).
Neb. Rev. Stat. § 59-1735 — NE Code / Chapter 59 / Section 59-1735
View Statute 59-1735
Status: in_force

The disclosure document required by section 59-1732 shall contain the following:

(1) The name of and the office held by the seller's officers, directors, trustees, general or limited partners, and limited liability company members, as the case may be, and the names of those individuals who have management responsibilities in connection with the seller's business activities;

(2) A statement whether the seller or any person identified in subdivision (1) of this section:

(a) Has been convicted of a felony or misdemeanor or pleaded nolo contendere to a felony or misdemeanor charge if such felony or misdemeanor involved fraud, embezzlement, fraudulent conversion, or misappropriation of property;

(b) Has been held liable in a civil action by final judgment or consented to the entry of a stipulated judgment if the civil action alleged fraud, embezzlement, fraudulent conversion, misappropriation of property, the use of untrue or misleading representations in an attempt to sell or dispose of real or personal property, or the use of unfair, unlawful, or deceptive business practices; or

(c) Is subject to any currently effective injunction or restrictive order relating to business activity as the result of an action brought by a public agency or department, including, but not limited to, action affecting any vocational license; and

(3) With respect to persons identified in subdivision (1) of this section:

(a) A description of their work experience for the past five years, including a list of principal occupations and employers during such time. Such five-year period shall run from the date of the disclosure filed with the Department of Banking and Finance; and

(b) A listing of each such person's educational background, including the names and addresses of schools attended, dates of attendance, and degrees received.

Laws 1979, LB 180, § 35;

Laws 1983, LB 461, § 5;

Laws 1993, LB 218, § 15;

Laws 1993, LB 121, § 380;

Laws 1994, LB 884, § 77;

Laws 1995, LB 599, § 20.
Neb. Rev. Stat. § 21-249 — NE Code / Chapter 21 / Section 21-249
View Statute 21-249
Status: in_force

(MBCA 6.28) A corporation may pay the expenses of selling or underwriting its shares and of organizing or reorganizing the corporation from the consideration received for shares.

Laws 2014, LB749, § 49.
Neb. Rev. Stat. § 68-1710 — NE Code / Chapter 68 / Section 68-1710
View Statute 68-1710
Status: in_force

It is the intent of the Legislature that, with the passage of the federal Personal Responsibility and Work Opportunity Reconciliation Act of 1996, Public Law 104-193, the Department of Health and Human Services implement the Welfare Reform Act in a manner consistent with federal law.

Laws 1997, LB 864, § 12;

Laws 2007, LB351, § 5.
Neb. Rev. Stat. § 48-612 — NE Code / Chapter 48 / Section 48-612
View Statute 48-612
Status: in_force

(1) Each employer, whether or not subject to the Employment Security Law, shall keep true and accurate work records containing such information as required by the Commissioner of Labor. Such records shall be open to inspection and be subject to being copied by the commissioner or his or her authorized representatives at any reasonable time and as often as may be necessary. The commissioner and a hearing officer may require from any such employer any sworn or unsworn reports, with respect to persons employed by it, deemed necessary for the effective administration of such law. Except as otherwise provided in section 48-612.01 , information obtained pursuant to this section or obtained from any employer or individual pursuant to the administration of the Employment Security Law shall be held confidential.

(2) Any employee of the commissioner who violates any provision of sections 48-606 to 48-616 shall be guilty of a Class III misdemeanor.

(3) All letters, reports, communications, or any other matters, either oral or written, from an employer or his or her workers to each other or to the commissioner or any of his or her agents, representatives, or employees written or made in connection with the requirements and administration of the Employment Security Law, or the rules and regulations thereunder, shall be absolutely privileged. Any such letters, reports, communications, or other matters shall not be made the subject matter or basis for any suit for slander or libel in any court of this state, unless the same be false in fact and malicious in intent.

Laws 1937, c. 108, § 11, p. 392;

C.S.Supp.,1941, § 48-711;

R.S.1943, § 48-612;

Laws 1945, c. 115, § 2, p. 381;

Laws 1977, LB 40, § 290;

Laws 1985, LB 339, § 11;

Laws 1993, LB 757, § 31;

Laws 2001, LB 192, § 5;

Laws 2007, LB265, § 6;

Laws 2017, LB172, § 11.

Information provided to the Department of Labor in connection with the requirements of the Employment Security Law is privileged and cannot be the basis for a libel suit unless the information is both false and malicious. Molt v. Lindsay Mfg. Co., 248 Neb. 81, 532 N.W.2d 11 (1995).

Information provided to the Department of Labor in connection with the requirements of the Employment Security Law is privileged and cannot be the basis for a libel suit unless the information is both false and malicious. Molt v. Lindsay Mfg. Co., 248 Neb. 81, 532 N.W.2d 11 (1995).
Neb. Rev. Stat. § 18-604 — NE Code / Chapter 18 / Section 18-604
View Statute 18-604
Status: in_force

When it becomes necessary to appropriate or damage any private property for the construction of a viaduct or subway as provided in section 18-601 , such appropriation shall be made by ordinance. Such ordinance shall be published once each week for three weeks in a legal newspaper published in or of general circulation in such city or village. Such publication shall be sufficient notice to the owners, occupants, and parties interested, and all parties having equitable interests therein.

Laws 1935, Spec. Sess., c. 34, § 4, p. 197;

C.S.Supp.,1941, § 18-1904;

R.S.1943, § 18-604;

Laws 2021, LB163, § 46.
Neb. Rev. Stat. § 20-409 — NE Code / Chapter 20 / Section 20-409
View Statute 20-409
Status: in_force

An attending physician or other health care provider who is unwilling to comply with the Rights of the Terminally Ill Act shall take all reasonable steps as promptly as practicable to transfer care of the declarant to another physician or health care provider who is willing to do so.

Laws 1992, LB 671, § 9.
Neb. Rev. Stat. § 54-187.02 — NE Code / Chapter 54 / Section 54-187.02
View Statute 54-187.02
Status: in_force

Qualified dairy means a milk production facility with a Grade A milk producer permit or a manufacturing grade milk producer permit pursuant to section 2-3968 .

Laws 2021, LB572, § 9.
Neb. Rev. Stat. § 19-1843 — NE Code / Chapter 19 / Section 19-1843
19-1843
Status: in_force

The governing body of every municipality subject to the Civil Service Act shall provide the commission with suitable and convenient rooms and accommodations and cause the same to be furnished, heated, lighted, and supplied with all office supplies and equipment necessary to carry on the business of the commission and with such clerical assistance as may be necessary, all of which is to be commensurate with the number of persons in each such municipality subject to the Civil Service Act. Failure upon the part of the governing body to do so shall be a violation of the Civil Service Act and shall be punishable as such.

Laws 1943, c. 29, § 18, p. 137;

R.S.1943, § 19-1818;

R.S.1943, (1983), § 19-1818;

Laws 1985, LB 372, § 22.
Neb. Rev. Stat. § 8-3212 — NE Code / Chapter 8 / Section 8-3212
View Statute 8-3212
Status: in_force

(a) A financial institution does not have a fiduciary duty to any person with respect to a special deposit.

(b) When the financial institution holding a special deposit becomes obligated to pay a beneficiary, a debtor-creditor relationship arises between the financial institution and beneficiary.

(c) The financial institution holding a special deposit has a duty to a beneficiary to comply with the account agreement and the Uniform Special Deposits Act.

(d) If the financial institution holding a special deposit does not comply with the account agreement or the act, the financial institution is liable to a depositor or beneficiary only for damages proximately caused by the noncompliance. Except as provided by other law of this state, the financial institution is not liable for consequential, special, or punitive damages.

(e) The financial institution holding a special deposit may rely on records presented in compliance with the account agreement to determine whether the financial institution is obligated to pay a beneficiary.

(f) If the account agreement requires payment on presentation of a record, the financial institution shall determine within a reasonable time whether the record is sufficient to require payment. If the agreement requires action by the financial institution on presentation of a record, the financial institution is not liable for relying in good faith on the genuineness of the record if the record appears on its face to be genuine.

(g) Unless the account agreement provides otherwise, the financial institution is not required to determine whether a permissible purpose stated in the agreement continues to exist.

Laws 2025, LB231, § 12.
Neb. Rev. Stat. § 21-218.01 — NE Code / Chapter 21 / Section 21-218.01
View Statute 21-218.01
Status: in_force

(MBCA 1.45) In sections 21-218.01 to 21-218.08 :

(1) Corporate action means any action taken by or on behalf of the corporation, including any action taken by the incorporator, the board of directors, a committee of the board of directors, an officer or agent of the corporation, or the shareholders.

(2) Date of the defective corporate action means the date, or the approximate date, if the exact date is unknown, the defective corporate action was purported to have been taken.

(3) Defective corporate action means (i) any corporate action purportedly taken that is, and at the time such corporate action was purportedly taken would have been, within the power of the corporation, but is void or voidable due to a failure of authorization, and (ii) an overissue.

(4) Failure of authorization means the failure to authorize, approve, or otherwise effect a corporate action in compliance with the provisions of the Nebraska Model Business Corporation Act, the articles of incorporation or bylaws, a corporate resolution or any plan or agreement to which the corporation is a party, if and to the extent such failure would render such corporate action void or voidable.

(5) Overissue means the purported issuance of:

(i) Shares of a class or series in excess of the number of shares of a class or series the corporation has the power to issue under section 21-237 at the time of such issuance; or

(ii) Shares of any class or series that is not then authorized for issuance by the articles of incorporation.

(6) Putative shares means the shares of any class or series, including shares issued upon exercise of rights, options, warrants, or other securities convertible into shares of the corporation, or interests with respect to such shares, that were created or issued as a result of a defective corporate action, that (i) but for any failure of authorization would constitute valid shares, or (ii) cannot be determined by the board of directors to be valid shares.

(7) Valid shares means the shares of any class or series that have been duly authorized and validly issued in accordance with the act, including as a result of ratification or validation under sections 21-218.01 to 21-218.08 .

(8) Validation effective time with respect to any defective corporate action ratified under sections 21-218.01 to 21-218.08 means the later of:

(i) The time at which the ratification of the defective corporate action is approved by the shareholders, or if approval of shareholders is not required, the time at which the notice required by section 21-218.05 becomes effective in accordance with section 21-215 ; and

(ii) The time at which any articles of validation filed in accordance with section 21-218.07 become effective.

The validation effective time shall not be affected by the filing or pendency of a judicial proceeding under section 21-218.08 or otherwise, unless otherwise ordered by the court.

Laws 2020, LB808, § 3.
Neb. Rev. Stat. § 30-3838 — NE Code / Chapter 30 / Section 30-3838
View Statute 30-3838
Status: in_force

(UTC 412) (a) The court may modify the administrative or dispositive terms of a trust or terminate the trust if, because of circumstances not anticipated by the settlor, modification or termination will further the purposes of the trust. To the extent practicable, the modification must be made in accordance with the settlor's probable intention.

(b) The court may modify the administrative terms of a trust if continuation of the trust on its existing terms would be impracticable or wasteful or impair the trust's administration.

(c) Upon termination of a trust under this section, the trustee shall distribute the trust property in a manner consistent with the purposes of the trust.

Laws 2003, LB 130, § 38.

If a trustee knows or should know of circumstances that justify judicial action to modify an administrative or distributive provision of a trust because of circumstances not anticipated by the settlor, the trustee has a duty to petition the court for appropriate modification of, or deviation from, the terms of the trust. The possible imposition of such a duty on a trustee further supports permitting a trustee to seek modification under this section even in those instances where a trust may have terminated or expired by its own terms, but the winding up and distribution of trust property is still pending. In re Trust Created by Augustin, 27 Neb. App. 593, 935 N.W.2d 493 (2019).

If a trustee knows or should know of circumstances that justify judicial action to modify an administrative or distributive provision of a trust because of circumstances not anticipated by the settlor, the trustee has a duty to petition the court for appropriate modification of, or deviation from, the terms of the trust. The possible imposition of such a duty on a trustee further supports permitting a trustee to seek modification under this section even in those instances where a trust may have terminated or expired by its own terms, but the winding up and distribution of trust property is still pending. In re Trust Created by Augustin, 27 Neb. App. 593, 935 N.W.2d 493 (2019).

This section broadens the court's ability to apply equitable deviation to modify a trust. The application of equitable deviation allows a court to modify the dispositive provisions of a trust, as well as its administrative terms. The purpose of equitable deviation is not to disregard the settlor's intent but to modify inopportune details to effectuate better the settlor's broader purpose. In re Trust Created by Augustin, 27 Neb. App. 593, 935 N.W.2d 493 (2019).

This section broadens the court's ability to apply equitable deviation to modify a trust. The application of equitable deviation allows a court to modify the dispositive provisions of a trust, as well as its administrative terms. The purpose of equitable deviation is not to disregard the settlor's intent but to modify inopportune details to effectuate better the settlor's broader purpose. In re Trust Created by Augustin, 27 Neb. App. 593, 935 N.W.2d 493 (2019).
Neb. Rev. Stat. § 54-641.02 — NE Code / Chapter 54 / Section 54-641.02
View Statute 54-641.02
Status: in_force

(1) A commercial dog breeder shall ensure that each dog under his or her care, supervision, or control receives adequate veterinary care. A commercial dog breeder's written veterinary care plan shall provide for, in addition to requirements prescribed by rule and regulation of the department:

(a) The maintenance of individual health records for each dog bought, raised, or otherwise obtained, held, kept, maintained, sold, donated, or otherwise disposed of, including by death or euthanasia, except that litter health records may be kept on litters when litter mates are treated with the same medication or procedure;

(b) Establishment of a program of disease control and prevention, pest and parasite control, before and after procedure care, nutrition, and euthanasia supervised by the attending veterinarian. Such program shall provide for regularly scheduled onsite visits to the facility by the veterinarian and shall be annually reviewed and updated by the veterinarian at the time of an onsite visit that includes the veterinarian's walk-through of the facility and observation by the veterinarian of dogs under the commercial dog breeder's care, supervision, or control; and

(c) A wellness examination by a licensed veterinarian of each breeding dog at least once every three years, to include a basic physical and dental examination and corresponding notations entered into the dog's health records. Such examination shall not require laboratory analysis unless directed by the veterinarian.

(2) During regularly scheduled inspections of a commercial dog breeder's facility conducted by the department, the health records of a random sample of at least five percent of the breeding dogs shall be reviewed to verify that such records correspond to the dog's permanent identification and verify that the health records are properly maintained.

(3) For each dog under the commercial dog breeder's care, supervision, or control, the breeder shall:

(a) Ensure that all breeding dogs receive regular grooming. Coat matting shall not exceed ten percent, and nails shall be trimmed short enough to ensure the comfort of the dog;

(b) Contact a licensed veterinarian without delay after an occurrence of a serious or life-threatening injury or medical condition of such dog. The dog shall be treated as prescribed by the veterinarian;

(c) Ensure that all surgical births or other surgical procedures shall be performed by a licensed veterinarian using anesthesia. Commercial dog breeders may remove dew claws and perform tail docking under sterile conditions within the first seven days of the dog's life. Wounds shall be treated and monitored by the breeder; and

(d) Ensure that, if euthanasia is necessary, it shall be performed by a licensed veterinarian in accordance with recommendations for the humane euthanization of dogs as published by the American Veterinary Medical Association.

Laws 2012, LB427, § 9.