FrankGoortani/open-us-law huggingface dataset:
Neb. Rev. Stat. § 8-3023 — NE Code / Chapter 8 / Section 8-3023
View Statute 8-3023
Status: in_force

(1) The director may call for reports verified under oath from a digital asset depository at any time as necessary to inform the director of the condition of the digital asset depository. Such reports shall be available to the public.

(2) All reports required of a digital asset depository by the director and all materials relating to examinations of a digital asset depository shall be subject to the provisions of sections 8-103 and 8-108 .

(3) Every digital asset depository is subject to examination by the department to determine the condition and resources of a digital asset depository, the mode of managing digital asset depository affairs and conducting business, the actions of officers and directors in the investment and disposition of funds, the safety and prudence of digital asset depository management, compliance with the requirements of the Nebraska Financial Innovation Act, and such other matters as the director may require.

(4) A digital asset depository shall pay an assessment in a sum to be determined by the director in accordance with section 8-601 and approved by the Governor and the costs of any examination or investigation as provided in sections 8-108 and 8-606 .

(5) A digital asset depository shall maintain appropriate insurance or a bond covering the operational risks of the digital asset depository, which shall include coverage for directors' and officers' liability, errors and omissions liability, information technology infrastructure and activities liability, and business operations, as determined by the director.

Laws 2021, LB649, § 23;

Laws 2023, LB92, § 37.
Neb. Rev. Stat. § 49-206 — NE Code / Chapter 49 / Section 49-206
View Statute 49-206
Status: in_force

Whenever any amendments to the Constitution shall have been proposed to and adopted by the electors of this state, as provided in sections 49-201 to 49-205 , the same shall be enrolled and numbered in the order of time in which they may be adopted, and preserved by the Secretary of State among the public records of his office.

Laws 1877, § 6, p. 115;

R.S.1913, § 3703;

C.S.1922, § 3091;

C.S.1929, § 49-206;

R.S.1943, § 49-206.
Neb. Rev. Stat. § 54-2943 — NE Code / Chapter 54 / Section 54-2943
View Statute 54-2943
Status: in_force

(1) Whenever any person fails to carry out program disease activities or other responsibilities required under the Animal Health and Disease Control Act, the department may perform such functions. Upon completion of any such required program disease activities, the department shall determine its actual administrative costs incurred in handling the affected animal, herd, or flock or affected premises and conducting necessary and related activities and notify the owner or custodian in writing. Such owner or custodian shall reimburse the department its actual administrative costs within thirty days following the date of the notice.

(2) Any person failing to reimburse the department shall be assessed a late fee of twenty-five percent of the amount due for each thirty days of delinquent nonpayment up to one hundred percent of the original amount. The purpose of the late fee is to cover administrative costs associated with collecting the amount overdue. All such payments assessed and collected pursuant to this section shall be remitted to the State Treasurer for credit to the Animal Health and Disease Control Cash Fund.

(3) The department may provide funds from the Animal Health and Disease Control Cash Fund to or on behalf of herd owners for program disease activities or any portion thereof in connection with the implementation of the Animal Health and Disease Control Act if funds for such activities or any portion have been appropriated. The department may develop statewide priorities for the expenditure of state funds available for animal disease control and eradication program activities. If funds are not available, the owner of such animal shall continue the program at his or her own expense. A portion of such state funds may be used by the department to pay a portion of the costs of testing done by or for accredited veterinarians if such work is approved by the department.

(4) In administering program disease activities pursuant to this section, the department shall not pay for:

(a) Testing done for a change of ownership at private treaty or at concentration points;

(b) Costs of gathering, confining, and restraining animals subject to testing or costs of providing necessary facilities and assistance;

(c) Costs of testing to qualify or maintain herd accreditation, certification, validation, and monitored status; or

(d) Indemnity for any animal destroyed as a result of being affected with a program disease or other dangerous disease unless funding is specifically appropriated by the Legislature for such purpose.

(5) The department shall not be liable for actual or incidental costs incurred by any person due to departmental actions in enforcing this section, including any action for trespass or damages.

Laws 2020, LB344, § 43.
Neb. Rev. Stat. § 61-516 — NE Code / Chapter 61 / Section 61-516
View Statute 61-516
Status: in_force

A design-build contract, a progressive design-build contract, and a construction manager-general contractor contract may be conditioned upon later refinements in scope and price and may permit the department in agreement with the design-builder, progressive design-builder, or construction manager to make changes in the project without invalidating the contract.

Laws 2023, LB565, § 16.
Neb. Rev. Stat. § 32-1522 — NE Code / Chapter 32 / Section 32-1522
View Statute 32-1522
Status: in_force

(1) A judge or clerk of election, a printer, or any other person entrusted with the custody or delivery of ballots, blanks, list of voters book and official summary of votes cast, card of instructions, or other required papers who knowingly and willfully (a) unlawfully opens or permits to be opened any sealed packages containing ballots, (b) gives or delivers to any person not lawfully entitled thereto an official ballot, or (c) unlawfully misplaces or carries away, negligently loses, permits to be taken away from him or her, fails to deliver, or destroys any such package of ballots or any ballot, blank, list of voters book and official summary of votes cast, card of instructions, or other required paper shall be guilty of a Class III felony.

(2) Any printer employed to print the official ballots or any person engaged in printing the same who knowingly and willfully (a) prints or causes or permits to be printed any official ballots printed otherwise than the copy for the same furnished by the election commissioner or county clerk, (b) prints any false or fraudulent ballots, (c) appropriates any of such ballots to himself or herself or gives, delivers, or knowingly permits any of such ballots to be taken by any person other than the election commissioner or county clerk, or (d) seals up or causes or permits to be sealed up or delivers to the election commissioner or county clerk a less number of ballots than the number endorsed thereon shall be guilty of a Class I misdemeanor.

(3) Any person who knowingly has in his or her possession any official ballot illegally obtained or attempts to vote any ballot other than the official ballot lawfully obtained shall be guilty of a Class I misdemeanor.

Laws 1994, LB 76, § 421.
Neb. Rev. Stat. § 18-1757 — NE Code / Chapter 19 / Section 18-1757
18-1757
Status: in_force

(1) The fire chief or head official of the fire department, fire inspectors as may be designated by such fire chief or head official, or inspectors charged with the enforcement of fire, health, safety, and building or construction codes of a city of the metropolitan class, city of the primary class, or city of the first class shall have the authority, after being trained by a certified law enforcement officer in the policies and procedures for issuance of citations, to issue citations for violations of fire, health, safety, and building or construction codes (a) that constitute infractions or violations of city ordinances, (b) that are violations of the fire, health, safety, or building or construction code that the official or inspector issuing the citation is charged with enforcing, and (c) in which the circumstances do not pose a danger to the official or inspector.

(2) If a city of the second class or village has adopted and is enforcing a fire, health, safety, or building or construction code, the fire chief or head official of the fire department, fire inspectors designated by such fire chief or head official, or such inspectors charged with the enforcement of the fire, health, safety, or building or construction code shall have the authority, after being trained by a certified law enforcement officer in the policies and procedures for issuance of citations, to issue citations for violations of fire, health, safety, or building or construction codes (a) that constitute infractions or violations of city or village ordinances, (b) that are violations of the fire, health, safety, or building or construction code that the official or inspector issuing the citation is charged with enforcing, and (c) where the circumstances do not pose a danger to the official or inspector.

(3) A citation issued under this section shall be equivalent to and have the same legal effect as a citation issued in lieu of arrest or continued custody by a peace officer if the citation and procedures utilized meet the requirements of sections 29-422 to 29-429 . The citation shall be on the same form prescribed under section 29-423 . Failure to appear or comply with a citation issued under this section shall be punishable in the same manner as provided in section 29-426 . An official or inspector issuing a citation under this section shall not have authority to take a person into custody or detain a person under this section or section 29-427 .

Laws 1998, LB 109, § 1;

R.S.Supp.,2004, § 19-4801;

Laws 2006, LB 1175, § 3;

Laws 2021, LB163, § 117.
Neb. Rev. Stat. § 30-3921 — NE Code / Chapter 30 / Section 30-3921
View Statute 30-3921
Status: in_force

In applying and construing this uniform act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.

Laws 2011, LB157, § 25.
Neb. Rev. Stat. § 38-1049 — NE Code / Chapter 38 / Section 38-1049
View Statute 38-1049
Status: in_force

School of esthetics means a fixed structure or part thereof licensed under the Cosmetology, Electrology, Esthetics, Nail Technology, and Body Art Practice Act to serve as the site for teaching the practices of esthetics to esthetics students.

Laws 2002, LB 241, § 14;

R.S.1943, (2003), § 71-365.02;

Laws 2007, LB463, § 311.
Neb. Rev. Stat. § 21-2435 — NE Code / Chapter 21 / Section 21-2435
View Statute 21-2435
Status: in_force

Affiliate shall mean a person who directly or indirectly controls, is controlled by, or is under common control with another person.

Laws 1988, LB 1110, § 5.
Neb. Rev. Stat. § 21-2103 — NE Code / Chapter 21 / Section 21-2103
View Statute 21-2103
Status: in_force

One or more business development corporations may be incorporated in this state pursuant to the Nebraska Model Business Corporation Act not in conflict with or inconsistent with the provisions of the Nebraska Business Development Corporation Act.

Laws 1967, c. 100, § 3, p. 303;

Laws 1995, LB 109, § 204;

Laws 2014, LB749, § 266.

Nebraska Model Business Corporation Act, see section 21-201 .
Neb. Rev. Stat. § 25-2716 — NE Code / Chapter 24 / Section 25-2716
25-2716
Status: in_force

Upon the expiration of any judge's term of office, he shall pay to his successor in office, any fees, money, costs, legacies, devises or money due any heir, creditor, or other person, in his possession, which have not been paid to the persons entitled thereto, or applied as provided by law.

Laws 1909, c. 40, § 2, p. 227;

R.S.1913, § 1243;

Laws 1921, c. 105, § 1, p. 376;

C.S.1922, § 1166;

C.S.1929, § 27-546;

R.S.1943, § 24-552;

Laws 1967, c. 139, § 3, p. 426;

R.R.S.1943, § 24-552;

Laws 1972, LB 1032, § 62;

R.S.1943, (1985), § 24-562.
Neb. Rev. Stat. § 44-7516 — NE Code / Chapter 44 / Section 44-7516
View Statute 44-7516
Status: in_force

(1) The director shall adopt and promulgate rules and regulations to allow exempt commercial policyholders to be exempt from those provisions of sections 44-5510 and 44-5511 that require, as a condition for the purchase of insurance from a nonadmitted insurer, that applicants demonstrate an inability to obtain insurance from a licensed insurer. Such exemption shall not apply to workers' compensation insurance, excess workers' compensation insurance, or automobile liability insurance, except that such exemption may apply to automobile liability insurance purchased as excess insurance over a policy that provides limits that are at least equal to the minimum limits of liability required by section 60-534 .

(2) The rules and regulations adopted and promulgated pursuant to this section may establish requirements and thresholds that differ by line or type of insurance or that differ from the requirements and thresholds for exemption from rate and policy form requirements adopted and promulgated pursuant to section 44-7515 .

(3) In addition to the factors specified in section 44-7515 , the director shall consider the following in making a determination of the requirements and thresholds that will apply:

(a) The relationship of deductibles, self-insured retentions, and limits of liability purchased by insureds versus the protection provided by the Nebraska Property and Liability Insurance Guaranty Association;

(b) The characteristics of insureds likely to be able to evaluate the ability of a nonadmitted insurer to meet its policy obligations; and

(c) The characteristics of insureds likely to be able to resolve policy and claims disputes that they may have with a nonadmitted insurer.

(4) The rules and regulations may not exempt any policyholder with total premiums of less than one hundred thousand dollars for lines of insurance subject to the Property and Casualty Insurance Rate and Form Act.

Laws 2000, LB 1119, § 16.
Neb. Rev. Stat. § 2-1587 — NE Code / Chapter 2 / Section 2-1587
View Statute 2-1587
Status: in_force

(1) There is hereby created the Nebraska Resources Development Fund to be administered by the department. The State Treasurer shall credit to the fund, to carry out sections 2-1586 to 2-1595 , such money as is (a) appropriated to or transferred into the fund by the Legislature, (b) paid to the state as fees, deposits, payments, and repayments relating to the fund, both principal and interest, and (c) donated as gifts, bequests, or other contributions to such fund from public or private entities. Funds made available by any department or agency of the United States may also be credited to this fund if so directed by such department or agency. The money in the fund shall not be subject to any fiscal year or biennium limitation requiring reappropriation of the unexpended balance at the end of the fiscal year or biennium. Transfers may be made from the fund to the General Fund at the direction of the Legislature.

(2) To aid in the funding of projects and to prevent excessive fluctuations in appropriation requirements for the Nebraska Resources Development Fund, the department shall create a reserve fund to be used only for projects requiring total expenditures from the Nebraska Resources Development Fund in excess of five million dollars. Unless disapproved by the Governor, the department may credit to such reserve fund that portion of any appropriation to the Nebraska Resources Development Fund which exceeds five million dollars. The department may also credit to the reserve fund such other funds as it determines are available.

(3) Any money in the Nebraska Resources Development 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 1974, LB 975, § 2;

R.S.1943, (1977), § 2-3264;

Laws 1984, LB 985, § 1;

Laws 1986, LB 258, § 5;

Laws 1995, LB 7, § 8;

Laws 2000, LB 900, § 32;

Laws 2009, First Spec. Sess., LB3, § 4;

Laws 2015, LB661, § 23.

Nebraska Capital Expansion Act, see section 72-1269 .

Nebraska State Funds Investment Act, see section 72-1260 .
Neb. Rev. Stat. § 25-2222 — NE Code / Chapter 25 / Section 25-2222
View Statute 25-2222
Status: in_force

Ministerial officers, whose duty it is to take security on undertakings, bonds and recognizances, provided by this code, shall require the person offered as surety to make an affidavit of his qualifications. The taking of such an affidavit shall not exempt any ministerial officer, or other officer acting in a ministerial capacity, from any liability to which he might otherwise be subject for taking insufficient surety.

R.S.1867, Code § 894, p. 549;

Laws 1905, c. 179, § 1, p. 672;

R.S.1913, § 8571;

C.S.1922, § 9522;

Laws 1923, c. 112, § 1, p. 270;

Laws 1927, c. 68, § 1, p. 231;

C.S.1929, § 20-2223;

R.S.1943, § 25-2222;

Laws 1972, LB 1032, § 145.

Where county judge in probate matter approves appeal bond without required affidavit of qualification and justification of sureties, a surety on bond is estopped from alleging its invalidity, notwithstanding statute requires such affidavit. In re Estate of Kothe, 131 Neb. 531, 268 N.W. 464 (1936), opinion vacated on rehearing, 131 Neb. 780, 270 N.W. 117 (1936).

Where county judge in probate matter approves appeal bond without required affidavit of qualification and justification of sureties, a surety on bond is estopped from alleging its invalidity, notwithstanding statute requires such affidavit. In re Estate of Kothe, 131 Neb. 531, 268 N.W. 464 (1936), opinion vacated on rehearing, 131 Neb. 780, 270 N.W. 117 (1936).

Appeal bond to review judgment of county court in probate proceeding may be amended. In re Estate of Hoagland, 128 Neb. 219, 258 N.W. 538 (1935).

Appeal bond to review judgment of county court in probate proceeding may be amended. In re Estate of Hoagland, 128 Neb. 219, 258 N.W. 538 (1935).

Letters testamentary are not void or subject to collateral attack because sureties on executor's bond failed to make affidavit as to qualifications. In re Estate of Hoferer, 116 Neb. 254, 216 N.W. 826 (1927).

Letters testamentary are not void or subject to collateral attack because sureties on executor's bond failed to make affidavit as to qualifications. In re Estate of Hoferer, 116 Neb. 254, 216 N.W. 826 (1927).

Section is not applicable to sheriff taking recognizances under criminal code. Berrer v. Moorhead, 22 Neb. 687, 36 N.W. 118 (1888).

Section is not applicable to sheriff taking recognizances under criminal code. Berrer v. Moorhead, 22 Neb. 687, 36 N.W. 118 (1888).

Clerk taking insufficient security on stay of execution is liable. Brock v. Hopkins, 5 Neb. 231 (1876).

Clerk taking insufficient security on stay of execution is liable. Brock v. Hopkins, 5 Neb. 231 (1876).
Neb. Rev. Stat. § 28-630 — NE Code / Chapter 28 / Section 28-630
View Statute 28-630
Status: in_force

(1) A person commits the offense of unlawful factoring of a financial transaction device if such person or any agent or employee of such person is authorized by any acquirer to furnish money, property, services, or anything else of value and, with intent to defraud the account holder, acquirer, or issuer, presents for payment a financial transaction device transaction record to the issuer or acquirer.

(2) Any person committing the offense of unlawful factoring of a financial transaction device shall be guilty of a Class IV felony.

Laws 1989, LB 372, § 14.
Neb. Rev. Stat. § 30-3205 — NE Code / Chapter 24 / Section 30-3205
30-3205
Status: in_force

(1) Notwithstanding the prohibition on investments in section 8-224.01 , a fiduciary holding funds for investment may invest such funds in securities of, or other interests in, a private investment fund or any open-end or closed-end management-type investment company or investment trust registered or exempt from registration under the federal Investment Company Act of 1940, as amended, if a court order, will, agreement, or other instrument creating or defining the investment powers of the fiduciary directs, requires, authorizes, or permits the investment of such funds in any of the following:

(a) Such investments as the fiduciary may, in his or her discretion, select;

(b) Investments generally, other than those in which fiduciaries are by law authorized to invest trust funds; and

(c) United States Government obligations if the portfolio of such investment company or investment trust is limited to United States Government obligations and to repurchase agreements fully collateralized by such obligations and if such investment company or investment trust takes delivery of the collateral, either directly or through an authorized custodian.

(2)(a) Notwithstanding the prohibition on investments in section 8-224.01 , a bank or trust company acting as a fiduciary, agent, or otherwise may, in the exercise of its investment discretion or at the direction of another person authorized to direct investment of funds held by the bank or trust company as a fiduciary, invest and reinvest interests in the securities of a private investment fund or an open-end or closed-end management-type investment company or investment trust registered or exempt from registration under the federal Investment Company Act of 1940, as amended, or may retain, sell, or exchange such interests so long as the portfolio of the investment company or investment trust as an entity consists substantially of investments not prohibited by the instrument governing the fiduciary relationship.

(b) The fact that the bank or trust company or an affiliate of the bank or trust company provides services to the investment company, investment trust, or private investment fund, such as that of an investment advisor, custodian, transfer agent, registrar, sponsor, distributor, manager, or otherwise, and is receiving reasonable compensation for the services shall not preclude the bank or trust company from investing, reinvesting, retaining, or exchanging any interest held by the trust estate in the securities of a private investment fund or any open-end or closed-end management-type investment company or investment trust registered or exempt from registration under the federal Investment Company Act of 1940, as amended.

Laws 1987, LB 576, § 1;

R.S.Supp.,1988, § 24-638;

Laws 1993, LB 91, § 1;

Laws 2000, LB 932, § 28;

Laws 2003, LB 130, § 135;

Laws 2020, LB909, § 22.