FrankGoortani/open-us-law huggingface dataset:
Neb. Rev. Stat. § 21-135 — NE Code / Chapter 21 / Section 21-135
View Statute 21-135
Status: in_force

(RULLCA 406) (a) Except as otherwise provided in subsection (b) of this section, if a member of a member-managed limited liability company or manager of a manager-managed limited liability company consents to a distribution made in violation of section 21-134 and in consenting to the distribution fails to comply with section 21-138 , the member or manager is personally liable to the company for the amount of the distribution that exceeds the amount that could have been distributed without the violation of section 21-134 .

(b) To the extent the operating agreement of a member-managed limited liability company expressly relieves a member of the authority and responsibility to consent to distributions and imposes that authority and responsibility on one or more other members, the liability stated in subsection (a) of this section applies to the other members and not the member that the operating agreement relieves of authority and responsibility.

(c) A person that receives a distribution knowing that the distribution to that person was made in violation of section 21-134 is personally liable to the limited liability company but only to the extent that the distribution received by the person exceeded the amount that could have been properly paid under section 21-134 .

(d) A person against which an action is commenced because the person is liable under subsection (a) of this section may:

(1) implead any other person that is subject to liability under subsection (a) of this section and seek to compel contribution from the person; and

(2) implead any person that received a distribution in violation of subsection (c) of this section and seek to compel contribution from the person in the amount the person received in violation of subsection (c) of this section.

(e) An action under this section is barred if not commenced within two years after the distribution.

Laws 2010, LB888, § 35.
Neb. Rev. Stat. § 8-173 — NE Code / Chapter 8 / Section 8-173
View Statute 8-173
Status: in_force

All causes of action against a bank based upon a claim or claims inconsistent with an entry or entries in any bank record or ledger, made in the regular course of business, shall accrue one year after the date of such entry or entries. No action founded upon such a cause shall be brought after the expiration of five years from the date of such accrual.

Laws 1949, c. 10, § 4, p. 71;

Laws 1951, c. 13, § 1, p. 88;

R.R.S.1943, § 8-1,114;

Laws 1963, c. 29, § 73, p. 163;

Laws 2017, LB140, § 70.
Neb. Rev. Stat. § 28-1214 — NE Code / Chapter 28 / Section 28-1214
View Statute 28-1214
Status: in_force

(1) Sections 28-1213 to 28-1239 shall apply to persons engaged in the manufacture, ownership, possession, storage, use, transportation, purchase, sale, or gift of explosive materials, except as may be otherwise indicated herein.

(2) Sections 28-1213 to 28-1239 shall not apply to explosive materials while being transported in conformity with federal law or regulations, nor, except as may be otherwise provided in such sections, to the ownership, possession, storage, use, transportation, purchase, or sale of explosive materials by the armed forces of the United States, the National Guard, other reserve components of the armed forces of the United States, and the duly constituted police and firefighting forces of the United States and of the state and its political subdivisions in the lawful discharge of their official duties.

Laws 1977, LB 38, § 246.
Neb. Rev. Stat. § 25-2306 — NE Code / Chapter 25 / Section 25-2306
View Statute 25-2306
Status: in_force

In any civil or criminal case in which a party is permitted to proceed in forma pauperis, the court shall order transcripts to be furnished without cost if the suit or appeal is not frivolous but presents a substantial question and if the transcript is needed to prepare, present, or decide the issue presented by the case or appeal. Such costs shall be paid by the county in the same manner as other claims are paid.

Laws 1972, LB 1120, § 6;

Laws 1999, LB 689, § 9.
Neb. Rev. Stat. § 14-540 — NE Code / Chapter 14 / Section 14-540
View Statute 14-540
Status: in_force

In cases of omission, mistake, defect, or any irregularity in the preliminary proceedings on any special assessment within a city of the metropolitan class, the city council shall have power to correct such mistake, omission, defect, or irregularity, and levy or relevy a special assessment on any or all property within an improvement district, in accordance with the special benefits to the property on account of such improvement as found by the city council sitting as a board of equalization. The city council shall deduct from the benefits and allow as a credit, before such relevy, an amount equal to the sum of the installments paid on the original levy.

Laws 1921, c. 116, art. IV, § 28, p. 484;

C.S.1922, § 3654;

C.S.1929, § 14-531;

R.S.1943, § 14-540;

Laws 2022, LB800, § 190.
Neb. Rev. Stat. § 21-163 — NE Code / Chapter 21 / Section 21-163
View Statute 21-163
Status: in_force

(RULLCA 809) The Attorney General may maintain an action to enjoin a foreign limited liability company from transacting business in this state in violation of sections 21-155 to 21-163 .

Laws 2010, LB888, § 63.
Neb. Rev. Stat. § 13-1712 — NE Code / Chapter 13 / Section 13-1712
View Statute 13-1712
Status: in_force

If the city council, village board of trustees, or county board of commissioners or supervisors does not approve a request for siting approval pursuant to sections 13-1701 to 13-1714 and 76-2,119 , the applicant, within sixty days after notice of the decision, may petition for a hearing before the district court of the county in which the proposed site is located to contest the decision. The city council, village board, or county board shall appear as respondent in the hearing. At the hearing, the burden of proof shall be on the petitioner. In making its orders and determinations under this section, the district court shall consider the written decision and reasons for the decision of the city council, village board, or county board and the transcribed record of the hearing held pursuant to section 13-1706 . The district court shall transmit a copy of its decision to the office of the city council, village board, or county board where it shall be available for public inspection and may be copied upon payment of a fee in an amount equal to the actual cost of reproduction. Final action by the district court shall be taken within one hundred twenty days.

Laws 1991, LB 813, § 12.

A district court order setting aside, annulling, vacating, or reversing a siting approval decision in a review pursuant to this section is a final order. Butler Cty. Landfill v. Butler Cty. Bd. of Supervisors, 299 Neb. 422, 908 N.W.2d 661 (2018).

A district court order setting aside, annulling, vacating, or reversing a siting approval decision in a review pursuant to this section is a final order. Butler Cty. Landfill v. Butler Cty. Bd. of Supervisors, 299 Neb. 422, 908 N.W.2d 661 (2018).

A failure to comply with the requirement under this section to petition for a hearing before the district court within 60 days after notice of the siting body's decision deprives the district court of jurisdiction to review a siting approval decision. Butler Cty. Landfill v. Butler Cty. Bd. of Supervisors, 299 Neb. 422, 908 N.W.2d 661 (2018).

A failure to comply with the requirement under this section to petition for a hearing before the district court within 60 days after notice of the siting body's decision deprives the district court of jurisdiction to review a siting approval decision. Butler Cty. Landfill v. Butler Cty. Bd. of Supervisors, 299 Neb. 422, 908 N.W.2d 661 (2018).
Neb. Rev. Stat. § 48-1505 — NE Code / Chapter 48 / Section 48-1505
View Statute 48-1505
Status: in_force

A person violating any provision of sections 48-1501 to 48-1504 shall be guilty of a Class IV misdemeanor. In the case of a continuing violation, each day shall constitute a separate offense.

Laws 1984, LB 540, § 13.
Neb. Rev. Stat. § 48-3204 — NE Code / Chapter 48 / Section 48-3204
View Statute 48-3204
Status: in_force

(1) An out-of-state business shall provide notification to the Department of Revenue within ten days after entry to the state during a disaster period that the out-of-state business is in the state for purposes of responding to the declared state disaster or emergency. The out-of-state business shall provide to the department information related to the out-of-state business including, but not limited to, the following:

(a) Name;

(b) State of domicile;

(c) Principal business address;

(d) Federal employer identification number;

(e) The date when the out-of-state business entered the state; and

(f) Contact information while the out-of-state business is in this state.

(2) A registered business shall provide the notification required in subsection (1) of this section for an affiliate of the registered business that enters the state as an out-of-state business. The notification under this subsection shall also include contact information for the registered business in the state.

Laws 2016, LB913, § 4.
Neb. Rev. Stat. § 44-758 — NE Code / Chapter 44 / Section 44-758
View Statute 44-758
Status: reserved

Each policy of industrial sickness and accident insurance shall be subject to the provisions of sections 44-709 to 44-767 , except that no such policy shall be required to contain any of the provisions set forth in sections 44-710.03 and 44-710.04 . No such policy shall contain any provision relative to notice of proof of loss, the time for paying benefits, or the time within which suit may be brought upon the policy, which in the opinion of the Director of Insurance is less favorable to the insured than would be permitted by such standard provisions. Such policy may contain a provision that upon proper written request a named beneficiary shall be designated in or by endorsement on the policy to receive the proceeds thereof on the death of the insured, and there shall be reserved to the insured the power to change the beneficiary at any time by written notice to the insurer at its home office, accompanied by the policy for endorsement of the change thereon by the insurer. The insurer shall have the right to refuse to designate a beneficiary if evidence satisfactory to the company of such beneficiary's insurable interest in the life of the insured is not furnished on request. Any such policy may provide in substance that any payment thereunder may be made to the insured or to the insured's estate or to any relative by blood or connection by marriage of the insured or, to the extent of such portion of any payment under the policy as may reasonably appear to the insurer to be due to such person, to any other person equitably entitled thereto by reason of having incurred expense occasioned by the maintenance or illness or burial of the insured, except that if the policy is in force at the death of the insured, the proceeds thereof shall be payable to the named beneficiary if living, but upon the expiration of fifteen days after the death of the insured, unless proof of claim in the manner and form required by the policy, accompanied by the policy for surrender, has theretofore been made by such beneficiary, the insurer may pay to any other person permitted by the policy.

Laws 1947, c. 164, § 14(4), p. 467;

Laws 1957, c. 188, § 19, p. 659;

Laws 1989, LB 92, § 152.
Neb. Rev. Stat. § 47-805 — NE Code / Chapter 47 / Section 47-805
View Statute 47-805
Status: in_force

A private prison contractor shall not accept or house federal inmates or inmates from another state.

Laws 2001, LB 85, § 5.
Neb. Rev. Stat. § 30-609 — NE Code / Chapter 30 / Section 30-609
View Statute 30-609
Status: in_force

(1) When the authority conferred on a surrogate under the Health Care Surrogacy Act has commenced, the surrogate, subject to any individual instructions, shall make health care decisions on the individual's behalf, except that the surrogate shall not have authority (a) to consent to any act or omission to which the individual could not consent under law, (b) to make any decision when the individual is known to be pregnant that will result in the death of the individual's unborn child if it is probable that the unborn child will develop to the point of live birth with continued application of health care, or (c) to make decisions regarding withholding or withdrawing a life-sustaining procedure or withholding or withdrawing artificially administered nutrition or hydration except as provided under section 30-610 .

(2) If no agent or guardian has been appointed for the individual, the surrogate shall have priority over any person other than the individual to act for the individual in all health care decisions, except that the surrogate shall not have the authority to make any health care decision unless and until the individual has been determined to be incapable of making health care decisions pursuant to section 30-606 .

(3) A person who would not otherwise be personally responsible for the cost of health care provided to the individual shall not become personally responsible for such cost because he or she has acted as the individual's surrogate.

(4) Except to the extent that the right is limited by the individual, a surrogate shall have the same right as the individual to receive information regarding the proposed health care, to receive and review medical and clinical records, and to consent to the disclosures of such records, except that the right to access such records shall not be a waiver of any evidentiary privilege.

(5) Notwithstanding a determination pursuant to section 30-606 that the individual is incapable of making health care decisions, when the individual objects to the determination or to a health care decision made by a surrogate, the individual's objection or decision shall prevail unless the individual is determined by a county court to be incapable of making health care decisions.

Laws 2018, LB104, § 9.
Neb. Rev. Stat. § 43-2925 — NE Code / Chapter 43 / Section 43-2925
View Statute 43-2925
Status: in_force

(1) In any proceeding under Chapter 30 or 43 in which the parenting functions for a child are at issue, except any proceeding under the Revised Uniform Reciprocal Enforcement of Support Act or the Uniform Interstate Family Support Act, subsequent to the initial filing or upon filing of an application for modification of a decree, the parties shall receive from the clerk of the court information regarding the parenting plan, the mediation process, and resource materials, as well as the availability of mediation through court conciliation programs or approved mediation centers.

(2) In any proceeding under Chapter 42 and the Parenting Act in which the parenting functions for a child are at issue, subsequent to the filing of such proceeding all parties shall receive from the clerk of the court information regarding:

(a) The litigation process;

(b) A dissolution or separation process timeline;

(c) Healthy parenting approaches during and after the proceeding;

(d) Information on child abuse or neglect, domestic intimate partner abuse, and unresolved parental conflict;

(e) Mediation, specialized alternative dispute resolution, and other alternative dispute resolution processes available through court conciliation programs and approved mediation centers;

(f) Resource materials identifying the availability of services for victims of child abuse or neglect and domestic intimate partner abuse; and

(g) Intervention programs for batterers or abusers.

(3) The clerk of the court and counsel for represented parties shall file documentation of compliance with this section. Development of these informational materials and the implementation of this section shall be accomplished through the State Court Administrator.

Laws 2007, LB554, § 6.

Revised Uniform Reciprocal Enforcement of Support Act, applicability, see section 42-7,105 .

Uniform Interstate Family Support Act, see section 42-701 .
Neb. Rev. Stat. § 48-1222 — NE Code / Chapter 48 / Section 48-1222
View Statute 48-1222
Status: in_force

(1) The commission shall have the power and the duty to carry out the provisions of sections 48-1219 to 48-1227 .

(2) For this purpose, the commission shall have the power to enter the place of employment of any employer to inspect and copy payrolls and other employment records, to compare character of work and operations on which persons employed by him are engaged, to question such person, and to obtain such other information as is reasonably necessary to the administration and enforcement of the provisions of sections 48-1219 to 48-1227 .

(3) The commission shall have power to examine witnesses under oath, and to require by subpoena the attendance and testimony of witnesses and the production of any documentary evidence relating to the subject matter of any investigation undertaken pursuant to this section. Witnesses summoned by the commission shall be paid the same fees as are allowed witnesses attending the district court. In the event of the failure of a person to attend, testify or produce documents under or in response to a subpoena, the district court for the county in which the appearance is requested on application of the commission may issue an order requiring such person to appear before the commission, or to produce documentary evidence, and any failure to obey such order of the court may be punished by the court as a contempt thereof.

(4) The commission is authorized to endeavor to eliminate pay practices unlawful under the provisions of sections 48-1219 to 48-1227 , by informal methods of conference, conciliation and persuasion, and to supervise the payment of wages owing to any employee under the provisions of sections 48-1219 to 48-1227 .

(5) The commission shall have power to issue such regulations, not inconsistent with the purpose of sections 48-1219 to 48-1227 , as it deems necessary or appropriate to carry out its provisions.

Laws 1969, c. 389, § 4, p. 1367.

For witness fees in district court, see section 33-139 .
Neb. Rev. Stat. § 2-5102 — NE Code / Chapter 2 / Section 2-5102
View Statute 2-5102
Status: in_force

The Legislature finds and declares that:

(1) Buffer strips help to reduce the levels of sediment, crop nutrient, pesticides, and other chemicals introduced into surface water resources; and

(2) Both wildlife and people benefit as a result of improved water quality.

Laws 1998, LB 1126, § 2.
Neb. Rev. Stat. § 29-3911 — NE Code / Chapter 29 / Section 29-3911
29-3911
Status: in_force

Within thirty days following receipt of a certification as provided in section 29-3910 , the Governor shall authorize the judge or judges to appoint a public defender for the district. The salary and all expenses, including trial expense and expert witness fees, of the judicial district public defender shall be paid out of funds appropriated to the office of Governor for that purpose.

Laws 1969, c. 234, § 3, p. 864;

R.S.1943, (1989), § 29-1805.03;

Laws 1990, LB 822, § 29.
Neb. Rev. Stat. § 43-2602 — NE Code / Chapter 43 / Section 43-2602
View Statute 43-2602
Status: in_force

It is the intent of the Legislature to promote the growth and development of a comprehensive child care system which meets the needs of families in Nebraska by encouraging high-quality, affordable, and accessible child care services that are educationally and developmentally appropriate. The Legislature finds that existing child care resources are inadequate to meet the need for services and that high-quality services can substantially increase the well-being of children and families.

Laws 1991, LB 836, § 2.
Neb. Rev. Stat. § 19-4631 — NE Code / Chapter 19 / Section 19-4631
View Statute 19-4631
Status: in_force

After the public hearing provided for in section 19-4630 , the governing body of the city, by majority vote of its members, may vote to exercise the power of eminent domain and condemn the gas system or such portion thereof as described in the motion. The motion shall identify fully and accurately the property subject to the condemnation.

Laws 2002, LB 384, § 8.
Neb. Rev. Stat. § 60-1910 — NE Code / Chapter 60 / Section 60-1910
View Statute 60-1910
Status: in_force

The Director of Motor Vehicles shall adopt and promulgate rules and regulations providing for such forms and procedures as are necessary or desirable to effectuate the provisions of sections 60-1901 to 60-1911 . Such rules and regulations may include procedures for the removal and disposition of vehicle identification numbers of abandoned vehicles, forms for local records for abandoned vehicles, and inquiries relating to ownership of such vehicles.

Laws 1971, LB 295, § 10;

Laws 1999, LB 90, § 11;

Laws 2018, LB275, § 5.
Neb. Rev. Stat. § 68-951 — NE Code / Chapter 68 / Section 68-951
View Statute 68-951
Status: in_force

The purpose of the Medicaid Prescription Drug Act is to provide appropriate pharmaceutical care to medicaid recipients in a cost-effective manner by requiring the establishment of a preferred drug list and other activities as prescribed. The preferred drug list and other activities mandated by the act shall not be construed to replace, prohibit, or limit other lawful activities of the department not specifically permitted or required by the act.

Laws 2008, LB830, § 3.
Neb. Rev. Stat. § 71-502.02 — NE Code / Chapter 71 / Section 71-502.02
View Statute 71-502.02
Status: in_force

The Department of Health and Human Services shall adopt and promulgate such rules and regulations as shall, in its judgment, be necessary to control and suppress sexually transmitted diseases.

Laws 1919, c. 190, tit. VI, art. II, div. XVII, § 2, p. 802;

C.S.1922, § 8299;

C.S.1929, § 71-2902;

R.S.1943, § 71-1102;

R.S.1943, (1986), § 71-1102;

Laws 1988, LB 1012, § 5;

Laws 1996, LB 1044, § 490;

Laws 2007, LB296, § 378.
Neb. Rev. Stat. § 25-1587.09 — NE Code / Chapter 25 / Section 25-1587.09
View Statute 25-1587.09
Status: in_force

Sections 25-1587.01 to 25-1587.08 do not apply to foreign judgments registered prior to January 1, 1994, pursuant to sections 25-1587 to 25-15,104 as such sections existed immediately prior to such date. Sections 25-1587 to 25-15,104 shall remain effective on and after January 1, 1994, only for the purpose of enforcement of foreign judgments registered prior to such date pursuant to sections 25-1587 to 25-15,104 as such sections existed immediately prior to such date.

Laws 1993, LB 458, § 9.
Neb. Rev. Stat. § 29-2805 — NE Code / Chapter 29 / Section 29-2805
View Statute 29-2805
Status: in_force

On the hearing of any habeas corpus issued as aforesaid, it shall be the duty of the judge or court who shall hear the same to examine the witness or witnesses aforesaid, and such other witnesses as the prisoner may request, touching any offense mentioned in the warrant of commitment, whether the offense be technically set out in the commitment or not. Upon the hearing the judge or court may either recommit, bail or discharge the prisoner, according to the facts of the case.

G.S.1873, c. 58, § 357, p. 805;

R.S.1913, § 9251;

C.S.1922, § 10280;

C.S.1929, § 29-2805;

R.S.1943, § 29-2805.
Neb. Rev. Stat. § 28-398 — NE Code / Chapter 28 / Section 28-398
View Statute 28-398
Status: in_force

(1) A person commits the offense of assault of an unborn child in the second degree if he or she, during the commission of any criminal assault on a pregnant woman, recklessly causes serious bodily injury to her unborn child with a dangerous instrument.

(2) Assault of an unborn child in the second degree is a Class IIIA felony.

Laws 2006, LB 57, § 5.