FrankGoortani/open-us-law huggingface dataset:
Neb. Rev. Stat. § 30-3502 — NE Code / Chapter 30 / Section 30-3502
View Statute 30-3502
Status: in_force

For purposes of the Nebraska Uniform Custodial Trust Act:

(1) Adult means an individual who is at least nineteen years of age;

(2) Beneficiary means an individual for whom property has been transferred to or held under a declaration of trust by a custodial trustee for the individual's use and benefit under the act;

(3) Conservator means a person appointed or qualified by a court to manage the estate of an individual or a person legally authorized to perform substantially the same functions;

(4) Court means a county court of this state;

(5) Custodial trust property means an interest in property transferred to or held under a declaration of trust by a custodial trustee under the act and the income from and proceeds of that interest;

(6) Custodial trustee means a person designated as trustee of a custodial trust under the act or a substitute or successor to the person designated;

(7) Guardian means a person appointed or qualified by a court as a guardian of an individual, including a limited guardian, but not a person who is only a guardian ad litem;

(8) Incapacitated means lacking the ability to manage property and business affairs effectively by reason of mental illness, mental deficiency, physical illness or disability, chronic use of drugs, chronic intoxication, confinement, detention by a foreign power, disappearance, minority, or other disabling cause;

(9) Legal representative means a personal representative or conservator;

(10) Member of the beneficiary's family means a beneficiary's spouse, descendant, stepchild, parent, stepparent, grandparent, brother, sister, uncle, or aunt, whether of whole or half blood or by adoption;

(11) Person means an individual, corporation, limited liability company, or other legal entity;

(12) Personal representative means an executor, administrator, or special administrator of a decedent's estate, a person legally authorized to perform substantially the same functions, or a successor to any of them;

(13) State means a state, territory, or possession of the United States, the District of Columbia, or the Commonwealth of Puerto Rico;

(14) Transferor means a person who creates a custodial trust by transfer or declaration; and

(15) Trust company means a financial institution, corporation, or other legal entity, authorized to act as a corporate trustee in the State of Nebraska.

Laws 1997, LB 51, § 2.
Neb. Rev. Stat. § 71-611 — NE Code / Chapter 71 / Section 71-611
View Statute 71-611
Status: in_force

The department shall supply all necessary blanks, forms, and instructions pertaining to the recording of births and deaths to physicians, hospitals, and funeral directors and embalmers. Upon written request, the department may authorize a funeral director and embalmer licensed in Nebraska to use computer-generated death certificate forms on paper supplied by the department which is of the same quality and identical in form established in department regulations for death certificates which are not computer-generated.

Laws 1919, c. 190, tit. VI, art. II, div. IX, § 13, p. 783;

C.S.1922, § 8243;

Laws 1927, c. 166, § 8, p. 451;

C.S.1929, § 71-2415;

R.S.1943, § 71-611;

Laws 1953, c. 242, § 1, p. 832;

Laws 1959, c. 322, § 1, p. 1179;

Laws 1985, LB 42, § 5;

Laws 1992, LB 1019, § 49;

Laws 1993, LB 187, § 11;

Laws 1996, LB 1044, § 523;

Laws 2007, LB296, § 412.
Neb. Rev. Stat. § 51-215 — NE Code / Chapter 51 / Section 51-215
View Statute 51-215
Status: in_force

Any person may make donation of money, lands or other property for the benefit of any public library. The title to property so donated may be made to and shall vest in the library board of such library and their successors in office, and the board shall thereby become the owners thereof in trust to the uses of the public library of the city, village, township or county.

Laws 1911, c. 73, § 10, p. 317;

R.S.1913, § 3801;

C.S.1922, § 3194;

C.S.1929, § 51-210;

Laws 1937, c. 123, § 1, p. 434;

Laws 1941, c. 103, § 2, p. 422;

C.S.Supp.,1941, § 51-210;

R.S.1943, § 51-215.
Neb. Rev. Stat. § 38-2611 — NE Code / Chapter 38 / Section 38-2611
View Statute 38-2611
Status: in_force

The department, with the recommendation of the board, may waive continuing competency requirements, in part or in total, for any two-year licensing period when a credential holder submits documentation that circumstances beyond his or her control prevented completion of such requirements as provided in section 38-146 . In addition to circumstances determined by the department to be beyond the credential holder's control pursuant to such section, such circumstances shall include situations in which:

(1) The credential holder has submitted proof that he or she was suffering from a serious or disabling illness or physical disability which prevented completion of the required continuing competency activities during the twenty-four months preceding the renewal date; or

(2) The credential holder was initially licensed within the twenty-six months immediately preceding the renewal date.

Laws 1965, c. 415, § 2, p. 1325;

Laws 1985, LB 250, § 14;

Laws 1986, LB 926, § 46;

Laws 1988, LB 1100, § 42;

Laws 1997, LB 307, § 123;

Laws 1999, LB 828, § 99;

Laws 2001, LB 209, § 10;

Laws 2002, LB 1021, § 21;

R.S.1943, (2003), § 71-1,136.01;

Laws 2007, LB236, § 27;

Laws 2007, LB463, § 883;

Laws 2008, LB972, § 2.
Neb. Rev. Stat. § 11-106 — NE Code / Chapter 11 / Section 11-106
View Statute 11-106
Status: in_force

The official bonds of all state and district officers except Governor shall be approved by the Governor, and filed and recorded in the office of the Secretary of State. The official bond of the Governor shall be approved by the Chief Justice of the Supreme Court. The official bond of the Secretary of State shall be filed and recorded in the office of the Director of Administrative Services.

Laws 1881, c. 13, § 6, p. 95;

R.S.1913, § 5712;

C.S.1922, § 5042;

C.S.1929, § 12-106;

R.S.1943, § 11-106.

The Governor, not the Secretary of State, approves the bond of State Treasurer, and Secretary of State can only receive, file, and record the bond. State v. Paxton, 65 Neb. 110, 90 N.W. 983 (1902); Paxton v. State, 60 Neb. 763, 84 N.W. 254 (1900).

The Governor, not the Secretary of State, approves the bond of State Treasurer, and Secretary of State can only receive, file, and record the bond. State v. Paxton, 65 Neb. 110, 90 N.W. 983 (1902); Paxton v. State, 60 Neb. 763, 84 N.W. 254 (1900).
Neb. Rev. Stat. § 30-3817 — NE Code / Chapter 30 / Section 30-3817
30-3817
Status: in_force

Registration shall be accomplished by filing a statement indicating the name and address of the trustee in which it acknowledges the trusteeship. The statement shall indicate whether the trust has been registered elsewhere. The statement shall identify the trust: (1) in the case of a testamentary trust, by the name of the testator and the date and place of domiciliary probate; (2) in the case of a written inter vivos trust, by the name of each settlor and the original trustee and the date of the trust instrument; or (3) in the case of an oral trust, by information identifying the settlor or other source of funds and describing the time and manner of the trust's creation and the terms of the trust, including the subject matter, beneficiaries, and time of performance.

Laws 1974, LB 354, § 297, UPC § 7-102;

R.S.1943, (1995), § 30-2802;

Laws 2003, LB 130, § 17.
Neb. Rev. Stat. § 58-611 — NE Code / Chapter 58 / Section 58-611
View Statute 58-611
Status: in_force

For purposes of the Nebraska Uniform Prudent Management of Institutional Funds Act:

(1) Charitable purpose means the relief of poverty, the advancement of education or religion, the promotion of health, the promotion of a governmental purpose, or any other purpose the achievement of which is beneficial to the community.

(2) Endowment fund means an institutional fund or part thereof that, under the terms of a gift instrument, is not wholly expendable by the institution on a current basis. The term does not include assets that an institution designates as an endowment fund for its own use.

(3) Gift instrument means a record or records, including an institutional solicitation, under which property is granted to, transferred to, or held by an institution as an institutional fund.

(4) Institution means:

(A) a person, other than an individual, organized and operated exclusively for charitable purposes;

(B) a government or governmental subdivision, agency, or instrumentality, to the extent that it holds funds exclusively for a charitable purpose; and

(C) a trust that had both charitable and noncharitable interests, after all noncharitable interests have terminated.

(5) Institutional fund means a fund held by an institution exclusively for charitable purposes. The term does not include:

(A) program-related assets;

(B) a fund held for an institution by a trustee that is not an institution; or

(C) a fund in which a beneficiary that is not an institution has an interest, other than an interest that could arise upon violation or failure of the purposes of the fund.

(6) Person means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, public corporation, government or governmental subdivision, agency, or instrumentality, or any other legal or commercial entity.

(7) Program-related asset means an asset held by an institution primarily to accomplish a charitable purpose of the institution and not primarily for investment.

(8) Record means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form.

Laws 2007, LB136, § 2.
Neb. Rev. Stat. § 22-414 — NE Code / Chapter 22 / Section 22-414
View Statute 22-414
Status: in_force

An officer of consolidated counties shall have the same duties and responsibilities provided by law for the same office in a single county.

Laws 1969, c. 139, § 7, p. 640.
Neb. Rev. Stat. § 54-2420 — NE Code / Chapter 54 / Section 54-2420
54-2420
Status: in_force

Nothing in section 54-2419 shall be construed to change the zoning authority of a county that existed prior to May 25, 1999.

Laws 1999, LB 822, § 10;

R.S.Supp.,2002, § 54-2404.01;

Laws 2004, LB 916, § 9.

Because this section indicates that the Legislature did not intend to occupy the entire field of livestock waste management regulation and that the state requirements in the Livestock Waste Management Act were meant to coexist with local requirements, there is no field preemption of local laws by the Livestock Waste Management Act. Butler County Dairy v. Butler County, 285 Neb. 408, 827 N.W.2d 267 (2013).

Because this section indicates that the Legislature did not intend to occupy the entire field of livestock waste management regulation and that the state requirements in the Livestock Waste Management Act were meant to coexist with local requirements, there is no field preemption of local laws by the Livestock Waste Management Act. Butler County Dairy v. Butler County, 285 Neb. 408, 827 N.W.2d 267 (2013).
Neb. Rev. Stat. § 44-5246.02 — NE Code / Chapter 44 / Section 44-5246.02
View Statute 44-5246.02
Status: in_force

Preexisting condition means a condition whether physical or mental, regardless of the cause of the condition, for which medical advice, diagnosis, care, or treatment was recommended or received within the six-month period ending on the enrollment date. Genetic information shall not be treated as a condition for which a preexisting condition exclusion may be imposed in the absence of a diagnosis of the condition related to such information.

Laws 1997, LB 862, § 43;

Laws 2000, LB 1253, § 36.
Neb. Rev. Stat. § 46-805 — NE Code / Chapter 46 / Section 46-805
View Statute 46-805
Status: in_force

An applicant, feeling himself or herself aggrieved by the endorsement made upon his or her application, may take an appeal therefrom to the district court of the county in which the proposed works may be situated. Such appeal shall otherwise be governed by the Administrative Procedure Act.

Laws 1919, c. 190, tit. VII, art. V, § 5, p. 858;

C.S.1922, § 8484;

C.S.1929, § 81-6405;

R.S.1943, § 81-706;

Laws 1957, c. 365, § 18, p. 1240;

Laws 1988, LB 352, § 81.

Administrative Procedure Act, see section 84-920 .

On appeal to the district court, trial is de novo. Lackaff v. Department of Roads & Irrigation, 153 Neb. 217, 43 N.W.2d 576 (1950).

On appeal to the district court, trial is de novo. Lackaff v. Department of Roads & Irrigation, 153 Neb. 217, 43 N.W.2d 576 (1950).
Neb. Rev. Stat. § 46-576 — NE Code / Chapter 46 / Section 46-576
View Statute 46-576
Status: in_force

Immediately after the filing of the petition as provided in section 46-575 , the board of directors of such district shall (1) by order fix a place and time, not less than ninety days nor more than one hundred twenty days after the petition is filed, for hearing thereon, (2) cause notice by publication to be made of the pendency of the petition and of the time and place of hearing thereon, and (3) forthwith cause a copy of the notice to be mailed by certified or registered mail to the county boards of each of the several counties having territory within the tract or tracts of land proposed to be annexed.

Laws 1951, c. 147, § 3, p. 591;

Laws 1987, LB 93, § 13.
Neb. Rev. Stat. § 28-1113 — NE Code / Chapter 28 / Section 28-1113
View Statute 28-1113
Status: in_force

Nothing in this article shall be construed to:

(1) Apply to or prohibit wagering on the results of horseraces by the parimutuel or certificate method when conducted by licensees within the racetrack enclosure at licensed horserace meetings;

(2) Prohibit or punish the conducting or participating in any bingo, lottery by the sale of pickle cards, lottery, raffle, or gift enterprise when conducted in accordance with the Nebraska Bingo Act, the Nebraska County and City Lottery Act, the Nebraska Lottery and Raffle Act, the Nebraska Pickle Card Lottery Act, the Nebraska Small Lottery and Raffle Act, the State Lottery Act, or section 9-701 ; or

(3) Apply to or prohibit the operation of games of chance, whether using a gambling device or otherwise, by authorized gaming operators within licensed racetrack enclosures or the participation or playing of such games of chance, whether participated in or played using a gambling device or otherwise, by individuals twenty-one years of age or older within licensed racetrack enclosures as provided in the Nebraska Racetrack Gaming Act.

Laws 1977, LB 38, § 229;

Laws 1979, LB 164, § 19;

Laws 1983, LB 259, § 38;

Laws 1984, LB 949, § 73;

Laws 1986, LB 1027, § 195;

Laws 1991, LB 849, § 66;

Laws 1993, LB 138, § 68;

Initiative Law 2020, No. 430, § 10.

Nebraska Bingo Act, see section 9-201 .

Nebraska County and City Lottery Act, see section 9-601 .

Nebraska Lottery and Raffle Act, see section 9-401 .

Nebraska Pickle Card Lottery Act, see section 9-301 .

Nebraska Racetrack Gaming Act, see section 9-1101 .

Nebraska Small Lottery and Raffle Act, see section 9-501 .

State Lottery Act, see section 9-801 .
Neb. Rev. Stat. § 21-328 — NE Code / Chapter 21 / Section 21-328
View Statute 21-328
Status: in_force

Any corporation paying the occupation tax imposed by section 21-303 or 21-306 may claim a refund if the payment of such occupation tax was invalid for any reason. The corporation shall file a written claim and any evidence supporting the claim within two years after payment of such occupation tax. The Secretary of State shall either approve or deny the claim within thirty days after such filing. Any approved claims shall be paid out of the General Fund. Appeal of a decision by the Secretary of State shall be in accordance with the Administrative Procedure Act.

Laws 1984, LB 799, § 1;

Laws 1988, LB 352, § 21;

Laws 2014, LB749, § 259.

Administrative Procedure Act, see section 84-920 .
Neb. Rev. Stat. § 46-1138 — NE Code / Chapter 46 / Section 46-1138
View Statute 46-1138
Status: in_force

(1) Any person found by the district to be in violation of the Nebraska Chemigation Act or any rules and regulations issued pursuant to the act shall be notified by the district of such violation. Each person so notified by the district shall have ten days in which to comply. The district shall make every reasonable effort to obtain voluntary compliance. Voluntary compliance shall not preclude the district, department, Attorney General, or county attorney from pursuing penalties in the proper court of law based on violations of the act or the rules and regulations. If after such ten-day period the violation has not been corrected, the district shall notify the department of the violation. The department shall make a preliminary investigation. If after such investigation the department determines that there is a violation of the act or rules and regulations, the district or the department shall either revoke the person's chemigation permit until such time as there is satisfactory compliance or issue an order suspending operation of the chemigation system until the required permit is obtained.

(2) The district or department may apply for a restraining order, a temporary or permanent injunction, or a mandatory injunction against the person or persons violating or threatening to violate the Nebraska Chemigation Act or the rules and regulations adopted and promulgated under such act to the district court of the county where the violation is occurring or is about to occur. The court shall have jurisdiction to grant such relief upon good cause shown. Relief may be granted notwithstanding the existence of any other remedy at law and shall be granted without bond.

(3) If the violation of the Nebraska Chemigation Act occurs with respect to a permitted system, a schedule for compliance may be established by the district in lieu of the ten-day compliance requirement.

(4) It shall be the duty of the Attorney General or the county attorney of the county in which such violation occurs or is about to occur, when notified of such violation or threatened violation, to cause appropriate proceedings under this section to be instituted and pursued without delay.

Laws 1986, LB 284, § 38;

Laws 1989, LB 619, § 3.
Neb. Rev. Stat. § 66-1613 — NE Code / Chapter 66 / Section 66-1613
View Statute 66-1613
Status: in_force

Qualified industry organization means any organization or industry trade association the members of which are engaged in the sale or distribution of odorized propane to the ultimate consumer or the sale of propane utilization equipment to the ultimate consumer.

Laws 1998, LB 699, § 13.
Neb. Rev. Stat. § 32-912.01 — NE Code / Chapter 32 / Section 32-912.01
View Statute 32-912.01
Status: in_force

(1) A voter with a religious objection to being photographed may inform the election commissioner or county clerk of the county in which the voter resides of such objection in writing prior to an election. If the election commissioner or county clerk receives written notice not later than 6 p.m. on the second Friday preceding the election, the election commissioner or county clerk shall place a notation on the precinct list of registered voters for the polling place that the voter has a religious objection to being photographed.

(2) For all subsequent elections, the election commissioner or county clerk shall place a notation on the precinct list of registered voters for the polling place that the voter has a religious objection to being photographed if such voter:

(a) Completes a reasonable impediment certification pursuant to section 32-912.02 ;

(b) Has a ballot accepted pursuant to section 32-1002.01 ; and

(c) Is otherwise eligible to vote.

(3) The election commissioner or county clerk shall remove a notation if the election commissioner or county clerk receives written notice from the voter that the voter no longer has a religious objection to being photographed.

Laws 2023, LB514, § 12;

Laws 2024, LB287, § 41.
Neb. Rev. Stat. § 30-3907 — NE Code / Chapter 30 / Section 30-3907
View Statute 30-3907
Status: in_force

(1) For purposes of sections 30-3907 to 30-3915 :

(a) Emergency means a circumstance that likely will result in substantial harm to a respondent's health, safety, or welfare, and for which the appointment of a guardian is necessary because no other person has authority and is willing to act on the respondent's behalf;

(b) Home state means the state in which the respondent was physically present, including any period of temporary absence, for at least six consecutive months immediately before the filing of a petition for a protective order or the appointment of a guardian or, if none, the state in which the respondent was physically present, including any period of temporary absence, for at least six consecutive months ending within the six months prior to the filing of the petition; and

(c) Significant-connection state means a state, other than the home state, with which a respondent has a significant connection other than mere physical presence and in which substantial evidence concerning the respondent is available.

(2) In determining under section 30-3909 and subsection (5) of section 30-3916 whether a respondent has a significant connection with a particular state, the court shall consider:

(a) The location of the respondent's family and other persons required to be notified of the guardianship or protective proceeding;

(b) The length of time the respondent at any time was physically present in the state and the duration of any absence;

(c) The location of the respondent's property; and

(d) The extent to which the respondent has ties to the state such as voting registration, state or local tax return filing, vehicle registration, driver's license, social relationship, and receipt of services.

Laws 2011, LB157, § 11.
Neb. Rev. Stat. § 21-141 — NE Code / Chapter 21 / Section 21-141
View Statute 21-141
Status: in_force

(RULLCA 502) (a) A transfer, in whole or in part, of a transferable interest:

(1) is permissible;

(2) does not by itself cause a member's dissociation or a dissolution and winding up of the limited liability company's activities; and

(3) subject to section 21-143 , does not entitle the transferee to:

(A) participate in the management or conduct of the company's activities; or

(B) except as otherwise provided in subsection (c) of this section, have access to records or other information concerning the company's activities.

(b) A transferee has the right to receive, in accordance with the transfer, distributions to which the transferor would otherwise be entitled.

(c) In a dissolution and winding up of a limited liability company, a transferee is entitled to an account of the company's transactions only from the date of dissolution.

(d) A transferable interest may be evidenced by a certificate of the interest issued by the limited liability company in a record, and, subject to this section, the interest represented by the certificate may be transferred by a transfer of the certificate.

(e) A limited liability company need not give effect to a transferee's rights under this section until the company has notice of the transfer.

(f) A transfer of a transferable interest in violation of a restriction on transfer contained in the operating agreement is ineffective as to a person having notice of the restriction at the time of transfer.

(g) Except as otherwise provided in subdivision (4)(B) of section 21-145 , when a member transfers a transferable interest, the transferor retains the rights of a member other than the interest in distributions transferred and retains all duties and obligations of a member.

(h) When a member transfers a transferable interest to a person that becomes a member with respect to the transferred interest, the transferee is liable for the member's obligations under section 21-132 and subsection (c) of section 21-135 known to the transferee when the transferee becomes a member.

Laws 2010, LB888, § 41.