FrankGoortani/open-us-law huggingface dataset:
Neb. Rev. Stat. § 58-613 — NE Code / Chapter 58 / Section 58-613
View Statute 58-613
Status: in_force

(a) Subject to the intent of a donor expressed in the gift instrument, an institution may appropriate for expenditure or accumulate so much of an endowment fund as the institution determines is prudent for the uses, benefits, purposes, and duration for which the endowment fund is established. Unless stated otherwise in the gift instrument, the assets in an endowment fund are donor-restricted assets until appropriated for expenditure by the institution. In making a determination to appropriate or accumulate, the institution shall act in good faith, with the care that an ordinarily prudent person in a like position would exercise under similar circumstances, and shall consider, if relevant, the following factors:

(1) the duration and preservation of the endowment fund;

(2) the purposes of the institution and the endowment fund;

(3) general economic conditions;

(4) the possible effect of inflation or deflation;

(5) the expected total return from income and the appreciation of investments;

(6) other resources of the institution; and

(7) the investment policy of the institution.

(b) To limit the authority to appropriate for expenditure or accumulate under subsection (a) of this section, a gift instrument must specifically state the limitation.

(c) Terms in a gift instrument designating a gift as an endowment, or a direction or authorization in the gift instrument to use only income, interest, dividends, or rents, issues, or profits, or to preserve the principal intact, or words of similar import:

(1) create an endowment fund of permanent duration unless other language in the gift instrument limits the duration or purpose of the fund; and

(2) do not otherwise limit the authority to appropriate for expenditure or accumulate under subsection (a) of this section.

Laws 2007, LB136, § 4.
Neb. Rev. Stat. § 61-209 — NE Code / Chapter 46 / Section 61-209
61-209
Status: in_force

The Chief Water Officer may conduct special projects for water data collection on behalf of other state agencies, political subdivisions, or federal agencies. Such data shall be public information. The Chief Water Officer may charge a fee to cover in whole or in part the costs of collecting, analyzing, and publishing the data and such fees shall be deposited in the Department of Water, Energy, and Environment Cash Fund.

Laws 1983, LB 33, § 1;

R.S.1943, (1998), § 46-212.01;

Laws 2000, LB 900, § 9;

Laws 2025, LB317, § 335.
Neb. Rev. Stat. § 3-115 — NE Code / Chapter 3 / Section 3-115
View Statute 3-115
Status: in_force

The division may participate as party plaintiff or defendant, or as intervenor on behalf of this state, or any municipality or citizen thereof, in any controversy having to do with any claimed encroachment by the federal government or any foreign state upon any state or individual rights pertaining to aeronautics.

Laws 1945, c. 5, § 6(9), p. 85;

Laws 2017, LB339, § 14.
Neb. Rev. Stat. § 8-823 — NE Code / Chapter 8 / Section 8-823
View Statute 8-823
Status: in_force

The following provisions shall apply to loans made under section 8-820 :

(1) With the exception of loans for mobile homes, every such loan shall be repayable within a period of one hundred forty-five months and may be prepaid in whole or in part at any time. One or more of the installments may be accelerated or deferred when the borrower's chief source of income makes such arrangement necessary, if the note or contract so provides;

(2) The bank shall give the borrower a receipt showing the date and amount of each payment made on account of any such loan; and

(3) No bank shall take, in connection with any such loan, any confession of judgment, power of attorney to confess judgment, power of attorney to appear for a borrower in a judicial proceeding, or agreement to pay the costs of collection or the attorney's fees.

Laws 1937, c. 110, § 8, p. 409;

C.S.Supp.,1941, § 81-7308;

R.S.1943, § 8-823;

Laws 1981, LB 214, § 5;

Laws 1982, LB 779, § 4.
Neb. Rev. Stat. § 29-4312 — NE Code / Chapter 29 / Section 29-4312
View Statute 29-4312
Status: in_force

(1)(a) A victim has the right to have an advocate present during an interview by a peace officer, prosecutor, or defense attorney, unless no advocate can appear in a reasonably timely manner. In an interview involving a prosecutor, the prosecutor shall inform the victim of the victim's rights under this subsection. The peace officer, prosecutor, or defense attorney shall contact the advocate before beginning the interview, unless declined by the victim.

(b) A victim has the right to have an advocate present during a deposition as provided in sections 29-1917 and 29-1926 .

(c) An advocate present at an interview or deposition under this subsection shall not interfere in the interview or deposition or provide legal advice.

(d) Nothing in this subsection shall preclude law enforcement officers or prosecutors from contacting a victim directly to make limited inquiries regarding the sexual assault.

(2) A victim has the right to be interviewed by a peace officer of the gender of the victim's choosing, if such request can be reasonably accommodated by a peace officer that is properly trained to conduct such interviews.

(3) A victim has the right to be interviewed by a peace officer that speaks the victim's preferred language or to have a qualified interpreter available, if such request can be reasonably accommodated.

(4) A peace officer, prosecutor, or defense attorney shall not, for any reason, discourage a victim from receiving a medical evidentiary or physical examination.

(5) A victim has the right to counsel. This subsection does not create a new obligation by the state or a political subdivision to appoint or pay for counsel. Treatment of the victim shall not be affected or altered in any way as a result of the victim's decision to exercise such right to counsel.

(6) A victim who is a child three to eighteen years of age has the right to a forensic interview at a child advocacy center by a professional with specialized training as provided in section 28-728 . The right to have an advocate, representative, or attorney present shall not apply during such a forensic interview.

Laws 2020, LB43, § 5.
Neb. Rev. Stat. § 69-1808 — NE Code / Chapter 69 / Section 69-1808
View Statute 69-1808
Status: in_force

Any person who violates any provision of the American Indian Arts and Crafts Sales Act shall be guilty of a Class IV misdemeanor.

Laws 1986, LB 275, § 8.
Neb. Rev. Stat. § 28-640 — NE Code / Chapter 28 / Section 28-640
View Statute 28-640
Status: in_force

(1) A person commits the crime of identity fraud if he or she without lawful authority:

(a) Makes, counterfeits, alters, or mutilates any personal identification document with the intent to deceive another; or

(b) Willfully and knowingly obtains, possesses, uses, sells or furnishes or attempts to obtain, possess, or furnish to another person for any purpose of deception a personal identification document.

(2)(a) Identity fraud is a Class I misdemeanor. Any second or subsequent conviction under this subdivision is a Class IV felony.

(b) A person found guilty of violating this section may, in addition to the penalties under this subsection, be ordered to make restitution pursuant to sections 29-2280 to 29-2289 .

Laws 2009, LB155, § 12.
Neb. Rev. Stat. § 17-106 — NE Code / Chapter 17 / Section 17-106
View Statute 17-106
Status: in_force

The mayor or any three city council members of a city of the second class shall have power to call special meetings of the city council, the object of which shall be submitted to the city council in writing; and the call and object, as well as the disposition thereof, shall be entered upon the journal by the city clerk.

Laws 1879, § 13, p. 196;

R.S.1913, § 4998;

C.S.1922, § 4167;

C.S.1929, § 17-106;

R.S.1943, § 17-106;

Laws 2017, LB133, § 4.

Any defect in the call for a special meeting of the council of a city of the second class is immaterial if all members of the council are present and participated in the meeting without objection. Pokorny v. City of Schuyler, 202 Neb. 334, 275 N.W.2d 281 (1979).

Any defect in the call for a special meeting of the council of a city of the second class is immaterial if all members of the council are present and participated in the meeting without objection. Pokorny v. City of Schuyler, 202 Neb. 334, 275 N.W.2d 281 (1979).

Notice of special meetings need not be given to a council member out of the state or physically unable to be present. Burrows v. Keebaugh, 120 Neb. 136, 231 N.W. 751 (1930).

Notice of special meetings need not be given to a council member out of the state or physically unable to be present. Burrows v. Keebaugh, 120 Neb. 136, 231 N.W. 751 (1930).
Neb. Rev. Stat. § 48-2604 — NE Code / Chapter 48 / Section 48-2604
View Statute 48-2604
Status: in_force

(1) Except as otherwise provided in subsection (2) of this section, an individual may not act as an athlete agent in this state without holding a certificate of registration under section 48-2606 or 48-2608 .

(2) Before being issued a certificate of registration, an individual may act as an athlete agent in this state for all purposes except signing an agency contract if:

(a) A student-athlete or another person acting on behalf of the student-athlete initiates communication with the individual; and

(b) Within seven days after an initial act as an athlete agent, the individual submits an application for registration as an athlete agent in this state.

(3) An agency contract resulting from conduct in violation of this section is void, and the athlete agent shall return any consideration received under the contract.

Laws 2009, LB292, § 4.
Neb. Rev. Stat. § 30-4631 — NE Code / Chapter 30 / Section 30-4631
View Statute 30-4631
Status: in_force

The remedy for a powerholder's breach of a contract to appoint or not to appoint appointive property is limited to damages payable out of the appointive property or, if appropriate, specific performance of the contract.

Laws 2021, LB501, § 54.
Neb. Rev. Stat. § 54-2937 — NE Code / Chapter 54 / Section 54-2937
View Statute 54-2937
Status: in_force

Trace or tracing means the epidemiological investigative process of determining the origin and movements of animals, animal products, and possible vectors that may be involved in the spread or transmissibility of a disease agent.

Laws 2020, LB344, § 37.
Neb. Rev. Stat. § 25-1101 — NE Code / Chapter 25 / Section 25-1101
View Statute 25-1101
Status: in_force

Issues arise on the pleadings where a fact or conclusion of law is maintained by one party and controverted by the other. They are of two kinds: (1) Of law; (2) of fact.

R.S.1867, Code § 277, p. 440;

R.S.1913, § 7840;

C.S.1922, § 8784;

C.S.1929, § 20-1101;

R.S.1943, § 25-1101.

The pleadings before the trial court at the time of decision form the issues of the case. State ex rel. Douglas v. Schroeder, 212 Neb. 562, 324 N.W.2d 391 (1982).

The pleadings before the trial court at the time of decision form the issues of the case. State ex rel. Douglas v. Schroeder, 212 Neb. 562, 324 N.W.2d 391 (1982).
Neb. Rev. Stat. § 42-742 — NE Code / Chapter 42 / Section 42-742
View Statute 42-742
Status: in_force

(a) A party contesting the validity or enforcement of a registered support order or seeking to vacate the registration has the burden of proving one or more of the following defenses:

(1) the issuing tribunal lacked personal jurisdiction over the contesting party;

(2) the order was obtained by fraud;

(3) the order has been vacated, suspended, or modified by a later order;

(4) the issuing tribunal has stayed the order pending appeal;

(5) there is a defense under the law of this state to the remedy sought;

(6) full or partial payment has been made;

(7) the statute of limitation under section 42-739 precludes enforcement of some or all of the alleged arrearages; or

(8) the alleged controlling order is not the controlling order.

(b) If a party presents evidence establishing a full or partial defense under subsection (a) of this section, a tribunal may stay enforcement of a registered support order, continue the proceeding to permit production of additional relevant evidence, and issue other appropriate orders. An uncontested portion of the registered support order may be enforced by all remedies available under the law of this state.

(c) If the contesting party does not establish a defense under such subsection to the validity or enforcement of a registered support order, the registering tribunal shall issue an order confirming the order.

Laws 1993, LB 500, § 42;

Laws 2003, LB 148, § 80;

Laws 2015, LB415, § 40.

Pursuant to section 42-743, a litigant is precluded from raising an equitable estoppel defense to challenge the enforcement or modification of a foreign support order once the foreign order has been confirmed pursuant to this section. Trogdon v. Trogdon, 18 Neb. App. 313, 780 N.W.2d 45 (2010).

Pursuant to section 42-743, a litigant is precluded from raising an equitable estoppel defense to challenge the enforcement or modification of a foreign support order once the foreign order has been confirmed pursuant to this section. Trogdon v. Trogdon, 18 Neb. App. 313, 780 N.W.2d 45 (2010).
Neb. Rev. Stat. § 32-219 — NE Code / Chapter 32 / Section 32-219
View Statute 32-219
Status: in_force

The election commissioner and chief deputy election commissioner, once appointed, qualified, bonded, and sworn into office, and the county clerk acting as the election officer, shall not hold a political party office or be a member or officer of a candidate committee for any candidate seeking public office. This section shall not prohibit a county clerk acting as the election officer from participating in his or her own reelection campaign or fundraisers. This section shall not be construed to preclude an election commissioner, a chief deputy election commissioner, or a county clerk from being a delegate to a county, state, or national political party convention.

Laws 1994, LB 76, § 39.
Neb. Rev. Stat. § 68-301 — NE Code / Chapter 68 / Section 68-301
View Statute 68-301
Status: in_force

A fund to be known as the State Assistance Fund is created and established in the treasury of the State of Nebraska. Such fund shall consist of all money appropriated to it by the Legislature, allocated by the government of the United States, or donated or allocated from other sources. Any money in the fund available for investment shall be invested by the state investment officer pursuant to the Nebraska Capital Expansion Act and the Nebraska State Funds Investment Act.

Laws 1935, Spec. Sess., c. 20, § 1, p. 134;

Laws 1937, c. 188, § 1, p. 747;

Laws 1939, c. 121, § 1, p. 509;

Laws 1941, c. 174, § 1, p. 682;

C.S.Supp.,1941, § 68-317;

R.S.1943, § 68-301;

Laws 1947, c. 144, § 15, p. 400;

Laws 1959, c. 311, § 1, p. 1151;

Laws 1965, c. 399, § 1, p. 1280;

Laws 1969, c. 584, § 63, p. 2384;

Laws 1995, LB 7, § 65.

Nebraska Capital Expansion Act, see section 72-1269 .

Nebraska State Funds Investment Act, see section 72-1260 .

This section provided for allocation of certain taxes and funds to the State Assistance Fund, and was not intended as a continuing appropriation. Rein v. Johnson, 149 Neb. 67, 30 N.W.2d 548 (1947).

This section provided for allocation of certain taxes and funds to the State Assistance Fund, and was not intended as a continuing appropriation. Rein v. Johnson, 149 Neb. 67, 30 N.W.2d 548 (1947).
Neb. Rev. Stat. § 35-1206 — NE Code / Chapter 35 / Section 35-1206
View Statute 35-1206
Status: in_force

(1)(a) Rural and suburban fire protection districts or mutual finance organizations which qualify for assistance under section 35-1205 shall receive ten dollars times the assumed population of the fire protection district or mutual finance organization as calculated in subsection (3) of such section plus the population of any city of the first class that is part of the district or mutual finance organization, not to exceed three hundred thousand dollars for any one district or mutual finance organization;

(b) Each village or city of the second class that is a member of a mutual finance organization which qualifies for assistance under section 35-1205 shall receive ten thousand dollars; and

(c) Each rural or suburban fire protection district which qualifies for assistance under section 35-1205 shall receive ten thousand dollars, regardless of whether such district is a member in a mutual finance organization which qualifies for assistance under section 35-1205 .

(2) If the district or mutual finance organization is located in more than one county and meets the threshold for qualification in subsection (1) or (2) of section 35-1205 in one of such counties, the district or mutual finance organization shall receive assistance under this section for all of its assumed population, including that which is assumed population in counties for which the threshold is not reached by the district or mutual finance organization.

(3) If a mutual finance organization qualifies for assistance under this section and one or more rural or suburban fire protection districts or cities or villages fail to levy a tax rate that complies with subsection (1) of section 35-1204 , as required under the mutual finance organization agreement, the mutual finance organization shall be disqualified for assistance in the following year and each subsequent year until the year following any year for which all districts and cities and villages in the mutual finance organization levy a tax rate that complies with subsection (1) of section 35-1204 , as required by a mutual finance organization agreement.

Laws 1998, LB 1120, § 6;

Laws 1999, LB 141, § 8;

Laws 2019, LB63, § 4;

Laws 2021, LB664, § 1.

Note: The Revisor of Statutes, as authorized by section 49-705(1)(g), has corrected a manifest clerical error in Laws 2021, LB664, section 1, by changing two references to section 32-1205 which should have been section 35-1205 in subdivision (1)(c) of section 35-1206.
Neb. Rev. Stat. § 44-244 — NE Code / Chapter 44 / Section 44-244
View Statute 44-244
Status: in_force

Each line of insurance written by an all-lines insurer which is included in the life insurance class of insurance or the property and liability class of insurance shall be accounted for separately in life and accident and health annual statement blanks and fire and casualty annual statement blanks, respectively. Nothing in this section shall prohibit the writing of combination policy forms by an all-lines insurer combining any line or lines of insurance included in the life insurance class of insurance with any line or lines of insurance included in the property and liability class of insurance, but the allocable and separately stated premiums for each line of insurance shall be accounted for separately according to its classification.

Laws 1979, LB 332, § 3;

Laws 1989, LB 92, § 89.
Neb. Rev. Stat. § 30-2502 — NE Code / Chapter 30 / Section 30-2502
View Statute 30-2502
Status: in_force

At any time after the expiration of sixty days from the death of a nonresident decedent, any person indebted to the estate of the nonresident decedent or having possession or control of personal property, or of an instrument evidencing a debt, obligation, stock or chose in action belonging to the estate of the nonresident decedent may pay the debt, deliver the personal property, or the instrument evidencing the debt, obligation, stock or chose in action, to the domiciliary foreign personal representative of the nonresident decedent upon being presented with proof of his appointment and an affidavit made by or on behalf of the representative stating:

(1) the date of the death of the nonresident decedent,

(2) that no local administration, or application or petition therefor, is pending in this state,

(3) that the domiciliary foreign personal representative is entitled to payment or delivery.

Laws 1974, LB 354, § 208, UPC § 4-201.
Neb. Rev. Stat. § 30-103.01 — NE Code / Chapter 30 / Section 30-103.01
View Statute 30-103.01
Status: in_force

The interest of any surviving spouse in any estate passing under Chapter 30, article 23, parts 1, 2, and 4, shall be determined prior to the payment of any federal or state estate taxes, and shall not be subject to or diminished by any debt or charge against such estate by reason of any such federal or state estate tax.

Laws 1953, c. 95, § 2, p. 270;

Laws 1972, LB 1123, § 1;

Laws 1977, LB 10, § 1.

For state estate and generation-skipping transfer taxes, see Chapter 77, article 21.
Neb. Rev. Stat. § 30-2413 — NE Code / Chapter 30 / Section 30-2413
View Statute 30-2413
Status: in_force

Any person desiring notice of any order or filing pertaining to a decedent's estate in which he has a financial or property interest may file a demand for notice with the court at any time after the death of the decedent stating the name of the decedent, the nature of his interest in the estate, and the demandant's address or that of his attorney. The clerk shall mail a copy of the demand to the personal representative if one has been appointed. After filing of a demand, no order shall be made or filing acted upon to which the demand relates without notice as prescribed in section 30-2220 to the demandant or his attorney. The validity of an order which is issued without compliance with this requirement shall not be affected by the error, but the petitioner receiving the order or the person making the filing may be liable for any damage caused by the absence of notice. The requirement of notice arising from a demand under this provision may be waived in writing by the demandant and shall cease upon the termination of his interest in the estate.

Laws 1974, LB 354, § 91, UPC § 3-204.
Neb. Rev. Stat. § 29-3205 — NE Code / Chapter 29 / Section 29-3205
View Statute 29-3205
Status: in_force

Sections 29-3201 to 29-3210 do not apply to any person in this state confined as mentally ill or under sentence of death.

Laws 1969, c. 229, § 5, p. 855;

Laws 1986, LB 1177, § 11;

Laws 2015, LB268, § 25;

Referendum 2016, No. 426.

Note: The changes made to section 29-3205 by Laws 2015, LB 268, section 25, have been omitted because of the vote on the referendum at the November 2016 general election.
Neb. Rev. Stat. § 38-1147 — NE Code / Chapter 38 / Section 38-1147
View Statute 38-1147
Status: in_force

(1) All licensed dentists practicing in this state shall submit a report to the board within thirty days of any incident which results in death or physical or mental injury requiring hospitalization of a patient which occurs in the outpatient facilities of such dentist during, or as a direct result of, general anesthesia, deep sedation, moderate sedation, minimal sedation, or inhalation analgesia.

(2) The incident report shall include, but not be limited to:

(a) A description of the dental procedure;

(b) A description of the preoperative physical condition of the patient;

(c) A list of the drugs and the dosage administered;

(d) A detailed description of the techniques used in administering the drugs;

(e) A description of the incident, including, but not limited to, a detailed description of the symptoms of any complications, the symptoms of onset, and the type of symptoms in the patient;

(f) A description of the treatment instituted;

(g) A description of the patient's response to the treatment; and

(h) A description of the patient's condition on termination of any procedures undertaken.

(3) Failure to submit an incident report as required by this section shall result in the loss of the permit.

Laws 1986, LB 438, § 14;

R.S.1943, (2003), § 71-193.34;

Laws 2007, LB463, § 480;

Laws 2015, LB80, § 17.