FrankGoortani/open-us-law huggingface dataset:
Neb. Rev. Stat. § 30-4710 — NE Code / Chapter 30 / Section 30-4710
View Statute 30-4710
Status: in_force

(a) With respect to property to which the Uniform Community Property Disposition at Death Act applies, a person is not liable under the Uniform Community Property Disposition at Death Act to the extent the person:

(1) transacts in good faith and for value:

(A) with a community-property spouse; or

(B) after the death of the decedent, with a surviving community-property spouse, personal representative, heir, devisee, or nonprobate transferee of the decedent; and

(2) does not know or have reason to know that the other party to the transaction is exceeding or improperly exercising the party's authority.

(b) Good faith under subdivision (a)(1) of this section does not require the person to inquire into the extent or propriety of the exercise of authority by the other party to the transaction.

Laws 2024, LB83, § 10.
Neb. Rev. Stat. § 12-502 — NE Code / Chapter 12 / Section 12-502
View Statute 12-502
Status: in_force

The clerk of the cemetery association shall make out a true record of the proceedings of the meeting provided for by section 12-501 and certify and deliver the same to the clerk of the county in which the cemetery is located, together with the name by which such association shall be known. The county clerk, immediately upon the receipt of such certified statement, shall record the same in a book provided by the county clerk for that purpose at the expense of the county and shall be entitled to the same fees for the services as the county clerk is entitled to demand for other similar services. After the making of such record by the county clerk, the trustees and the associated members and successors shall be invested with the powers, privileges, and immunities incident to aggregate corporations. A certified transcript of the record made by the county clerk shall be deemed and taken in all courts and places whatsoever within this state as prima facie evidence of the existence of such cemetery association.

R.S.1866, c. 25, § 46, p. 205;

R.S.1913, § 680;

C.S.1922, § 589;

C.S.1929, § 13-502;

R.S.1943, § 12-502;

Laws 2014, LB863, § 4;

Laws 2021, LB312, § 2.

This section contains directions as to the details of organization and recording of articles of association. Root v. Morning View Cemetery Assn., 174 Neb. 438, 118 N.W.2d 633 (1962).

This section contains directions as to the details of organization and recording of articles of association. Root v. Morning View Cemetery Assn., 174 Neb. 438, 118 N.W.2d 633 (1962).

As soon as the county clerk enters of record the true record of the meeting at which the association is organized and the first trustees are elected, the association is a corporation. State ex rel. Craig v. Offutt, 121 Neb. 76, 236 N.W. 174 (1931).

As soon as the county clerk enters of record the true record of the meeting at which the association is organized and the first trustees are elected, the association is a corporation. State ex rel. Craig v. Offutt, 121 Neb. 76, 236 N.W. 174 (1931).
Neb. Rev. Stat. § 25-2239 — NE Code / Chapter 25 / Section 25-2239
View Statute 25-2239
Status: in_force

Sheriffs shall be liable to twenty percent penalty upon the amount of damages for which judgment may be entered against them for failing to make return, making false return, or failing to pay over money collected or received in his or her official capacity. Such judgment must include, in addition to the damages and costs, the penalty herein provided.

Laws 1929, c. 82, art. XV, § 180, p. 325;

C.S.1929, § 22-1510;

R.S.1943, § 26-1,181;

R.S.1943, (1979), § 26-1,181;

R.S.1943, (1985), § 24-5,104;

Laws 1992, LB 1059, § 21.
Neb. Rev. Stat. § 53-101.05 — NE Code / Chapter 53 / Section 53-101.05
View Statute 53-101.05
Status: in_force

The Nebraska Liquor Control Act shall be liberally construed to the end that the health, safety, and welfare of the people of the State of Nebraska are protected and temperance in the consumption of alcoholic liquor is fostered and promoted by sound and careful control and regulation of the manufacture, sale, and distribution of alcoholic liquor.

Laws 1935, c. 116, § 97, p. 427;

C.S.Supp.,1941, § 53-397;

R.S.1943, § 53-1,118;

R.S.1943, (1988), § 53-1,118;

Laws 1991, LB 344, § 4.

To comply with legislative policy licensee or agent of corporate licensee must be satisfactory to and approved by the commission with respect to his character. C & L Co. v. Nebraska Liquor Control Commission, 190 Neb. 91, 206 N.W.2d 49 (1973).

To comply with legislative policy licensee or agent of corporate licensee must be satisfactory to and approved by the commission with respect to his character. C & L Co. v. Nebraska Liquor Control Commission, 190 Neb. 91, 206 N.W.2d 49 (1973).

It is not the court's duty to read a meaning into a statute not warranted by legislative language. Calvary Baptist Church v. Coonrad, 163 Neb. 25, 77 N.W.2d 821 (1956).

It is not the court's duty to read a meaning into a statute not warranted by legislative language. Calvary Baptist Church v. Coonrad, 163 Neb. 25, 77 N.W.2d 821 (1956).

Liquor Control Act is to be liberally construed. Allen v. Tobin, 155 Neb. 212, 51 N.W.2d 338 (1952).

Liquor Control Act is to be liberally construed. Allen v. Tobin, 155 Neb. 212, 51 N.W.2d 338 (1952).

Text of Liquor Control Act evidences legislative interest to authorize adoption of regulations by commission. Griffin v. Gass, 133 Neb. 56, 274 N.W. 193 (1937).

Text of Liquor Control Act evidences legislative interest to authorize adoption of regulations by commission. Griffin v. Gass, 133 Neb. 56, 274 N.W. 193 (1937).
Neb. Rev. Stat. § 44-6108 — NE Code / Chapter 44 / Section 44-6108
View Statute 44-6108
Status: in_force

(1) The director shall issue an order making an initial determination to approve or disapprove the application within thirty days after the close of the public hearing as required by section 44-6107 .

(2)(a) The director shall not approve the application unless he or she finds that:

(i) The plan of conversion is fair and equitable to the policyholders;

(ii) The plan of conversion does not deprive the policyholders of their property rights or due process of law; and

(iii) The new stock insurer would meet the minimum requirements to be issued a certificate of authority by the director to transact business in this state and the continued operations of the new stock insurer would not be hazardous to future policyholders and the public.

(b) For purposes of this subsection, the director may consider any relevant factor, including, but not limited to:

(i) The capital requirements of the new stock insurer;

(ii) Whether a portion of the statutory surplus has been contributed by persons or entities whose policies or contracts are not in force on the date the plan of conversion is initially approved by the board of directors of the mutual insurer and, in such event, the consideration to policyholders may be less than the statutory surplus;

(iii) Whether the plan of conversion includes preemptive rights for policyholders to purchase securities offered in the initial sale of securities by the new stock insurer;

(iv) Whether the plan of conversion includes establishment of a preference account from which the payment of any shareholder dividends, including a regular, special, or liquidation dividend, would be prohibited for a reasonable period of time as the director may require;

(v) The suitability of the trustees of any trust created pursuant to the provisions of section 44-6106 ; and

(vi) Whether the utilization of a trust, if included in the plan of conversion, has a material adverse effect on policyholders, other than delaying receipt of shares of capital stock.

(3) If the director makes a determination to disapprove the application, the director shall issue a final order setting forth specific findings for the disapproval.

Laws 1993, LB 583, § 48;

Laws 1997, LB 52, § 6;

Laws 1999, LB 326, § 8.
Neb. Rev. Stat. § 23-3101 — NE Code / Chapter 23 / Section 23-3101
View Statute 23-3101
Status: in_force

Sections 23-3101 to 23-3115 shall be known and may be cited as the County Purchasing Act.

Laws 1985, LB 393, § 1;

Laws 1988, LB 828, § 3.
Neb. Rev. Stat. § 58-214 — NE Code / Chapter 58 / Section 58-214
View Statute 58-214
Status: in_force

Lender shall mean (1) any federally chartered or state-chartered bank, federal land bank, production credit association, bank for cooperatives, savings and loan association, building and loan association, or small business investment company, (2) the Wastewater Treatment Facilities Construction Loan Fund, or (3) any other institution or fund qualified within the state to originate or service loans, including, but not limited to, insurance companies, credit unions, and mortgage loan companies.

Laws 1983, LB 626, § 14;

Laws 1989, LB 311, § 4;

Laws 1991, LB 253, § 18.
Neb. Rev. Stat. § 25-203 — NE Code / Chapter 25 / Section 25-203
View Statute 25-203
Status: in_force

An action for the forcible entry and detainer, or forcible detainer only, of real property, can only be brought within one year after the cause of such action shall have accrued.

R.S.1867, Code § 8, p. 395;

R.S.1913, § 7565;

C.S.1922, § 8508;

C.S.1929, § 20-203;

R.S.1943, § 25-203.

Where tenancy by sufferance is terminated by statutory three-day notice, cause of action for forcible detainer accrues and statute runs from service of notice. Federal Trust Co. v. Overlander, 118 Neb. 167, 223 N.W. 797 (1929); Clark v. Tukey Land Co., 75 Neb. 326, 106 N.W. 328 (1905).

Where tenancy by sufferance is terminated by statutory three-day notice, cause of action for forcible detainer accrues and statute runs from service of notice. Federal Trust Co. v. Overlander, 118 Neb. 167, 223 N.W. 797 (1929); Clark v. Tukey Land Co., 75 Neb. 326, 106 N.W. 328 (1905).

When the right to bring an action of forcible entry and detention is barred as against the grantor, so likewise it is against the grantee. Weatherford v. Union Pacific R. Co., 74 Neb. 229, 104 N.W. 183 (1905).

When the right to bring an action of forcible entry and detention is barred as against the grantor, so likewise it is against the grantee. Weatherford v. Union Pacific R. Co., 74 Neb. 229, 104 N.W. 183 (1905).
Neb. Rev. Stat. § 14-364 — NE Code / Chapter 14 / Section 14-364
View Statute 14-364
Status: in_force

The city council of a city of the metropolitan class may establish and maintain a paving repair plant and may pave or repair paving. The cost of such repairs may be paid from the funds of the city or may be assessed upon the abutting property, except that the cost may be assessed against abutting property only following the creation of a paving repair or repaving district established and assessed as a special assessment in the same manner provided for a sprinkling or armor-coating district by section 14-363 . The assessable paving repairs shall be only those made with asphaltic concrete on streets in previously developed areas which were not constructed to city permanent design standards.

Laws 1921, c. 116, art. III, § 55, p. 456;

C.S.1922, § 3608;

C.S.1929, § 14-356;

R.S.1943, § 14-364;

Laws 1991, LB 745, § 2;

Laws 2015, LB361, § 3;

Laws 2022, LB800, § 65.
Neb. Rev. Stat. § 69-1325 — NE Code / Chapter 69 / Section 69-1325
View Statute 69-1325
Status: in_force

The State Treasurer is hereby authorized to make necessary rules and regulations to carry out the provisions of sections 69-1301 to 69-1329 .

Laws 1969, c. 611, § 25, p. 2490.
Neb. Rev. Stat. § 23-367 — NE Code / Chapter 23 / Section 23-367
View Statute 23-367
Status: in_force

Special sidewalk assessments may be collected in the manner usual for the collection or foreclosure of county or state taxes against real estate.

Laws 1961, c. 92, § 3, p. 319.
Neb. Rev. Stat. § 38-2201 — NE Code / Chapter 38 / Section 38-2201
View Statute 38-2201
Status: in_force

Sections 38-2201 to 38-2238 shall be known and may be cited as the Nurse Practice Act.

Laws 1995, LB 563, § 4;

Laws 2000, LB 523, § 2;

R.S.1943, (2003), § 71-1,132.01;

Laws 2007, LB463, § 757;

Laws 2017, LB88, § 67.
Neb. Rev. Stat. § 45-726 — NE Code / Chapter 45 / Section 45-726
View Statute 45-726
Status: in_force

Each licensed mortgage banker, registrant, and installment loan company shall submit to the Nationwide Mortgage Licensing System and Registry mortgage reports of condition, which shall be in such form and shall contain such information as the department may require.

Laws 2009, LB328, § 11;

Laws 2010, LB892, § 10.
Neb. Rev. Stat. § 44-7902 — NE Code / Chapter 44 / Section 44-7902
View Statute 44-7902
Status: in_force

(1) Beginning January 1, 2007, every property and casualty insurance company doing business in this state, unless otherwise exempted by the domiciliary commissioner, shall annually submit the opinion of an appointed actuary entitled Statement of Actuarial Opinion. This opinion shall be filed in accordance with the appropriate National Association of Insurance Commissioners Property and Casualty Annual Statement Instructions.

(2)(a) Every property and casualty insurance company domiciled in this state that is required to submit a Statement of Actuarial Opinion shall annually submit an actuarial opinion summary, written by the company's appointed actuary. This actuarial opinion summary shall be filed in accordance with the appropriate National Association of Insurance Commissioners Property and Casualty Annual Statement Instructions and shall be considered as a document supporting the Statement of Actuarial Opinion required in subsection (1) of this section.

(b) A property and casualty insurance company authorized to do business in this state but not domiciled in this state shall provide the actuarial opinion summary to the Director of Insurance upon request.

(3)(a) An actuarial report and underlying workpapers as required by the appropriate National Association of Insurance Commissioners Property and Casualty Annual Statement Instructions shall be prepared to support each Statement of Actuarial Opinion.

(b) If the insurance company fails to provide a supporting actuarial report or workpapers at the request of the director or the director determines that the supporting actuarial report or workpapers provided by the insurance company is otherwise unacceptable to the director, the director may engage a qualified actuary at the expense of the company to review the opinion and the basis for the opinion and prepare the supporting actuarial report or workpapers.

(4) The appointed actuary shall not be liable for damages to any person, other than the insurance company or the director, for any act, error, omission, decision, or conduct with respect to the actuary's opinion, except in cases of fraud or willful misconduct on the part of the appointed actuary.

Laws 2005, LB 119, § 40.
Neb. Rev. Stat. § 44-4708 — NE Code / Chapter 44 / Section 44-4708
View Statute 44-4708
Status: in_force

(1) A prepaid limited health service organization shall file with the director prior to use a notice of any change in rates, charges, or benefits and of any material modification of any matter or document furnished pursuant to section 44-4704 , together with such supporting documents as are necessary to fully explain the change or modification. If the director does not disapprove such filing within thirty days of its filing, such filing shall be deemed approved.

(2) If a prepaid limited health service organization desires to add one or more limited health services, it shall file a notice with the director and, at the same time, shall submit the information required by section 44-4704 if different from that filed with the prepaid limited health service organization's application and shall demonstrate compliance with sections 44-4717 , 44-4718 , and 44-4724 . If the director does not disapprove such filing within thirty days of its filing, such filing shall be deemed approved.

(3) If the director does not approve the change, modification, or addition of a limited health service, the director shall notify the prepaid limited health service organization by certified mail and shall specify the reasons for disapproval in the notice. The prepaid limited health service organization shall have ten days from the date of receipt of the notice to request a hearing before the director pursuant to the Administrative Procedure Act.

Laws 1989, LB 320, § 8.

Administrative Procedure Act, see section 84-920 .
Neb. Rev. Stat. § 43-1735 — NE Code / Chapter 43 / Section 43-1735
View Statute 43-1735
Status: in_force

If the obligor presents evidence which constitutes a full or partial defense under section 43-1734 , the court shall, on the request of the obligee, continue the case to permit further evidence relative to the defense to be adduced by either party, except that if the obligor acknowledges liability sufficient to entitle the obligee to income withholding, the court shall require such withholding for the payment of current child, spousal, or medical support payments under the foreign support order and of so much of any arrearage as is not in dispute, while continuing the case with respect to those matters still in dispute. The court shall determine such matters as soon as possible and if appropriate shall modify the withholding order to conform to its determination.

Laws 1985, Second Spec. Sess., LB 7, § 55;

Laws 1991, LB 457, § 40.
Neb. Rev. Stat. § 44-769 — NE Code / Chapter 44 / Section 44-769
View Statute 44-769
Status: in_force

The Legislature hereby declares and finds that alcoholism is a disease which, if untreated, is highly disruptive of family life and employment and costs the state, its political subdivisions, insurers, employers, and taxpayers millions of dollars annually because of highway deaths and injuries, lost wages, lower productivity, welfare and unemployment compensation, greater utilization of health insurance benefits and premature death, alcohol-related crimes, and the corresponding costs to the criminal justice and penal systems. The Legislature further finds that while most health benefit plans pay the high cost of treating the symptoms, injuries, and diseases associated with alcoholism many exclude coverage for treatment of the disease itself or limit coverage to acute portions of hospitals which do not generally treat the disease. The Legislature therefor declares that group subscribers and insureds should have information concerning the scope of alcoholism benefits being offered and access to coverage for treatment of the disease on such terms and conditions as may be agreed upon between the subscriber or insured and the insurer or health maintenance organization.

Laws 1980, LB 646, § 1;

Laws 1989, LB 92, § 158.
Neb. Rev. Stat. § 28-725 — NE Code / Chapter 28 / Section 28-725
View Statute 28-725
Status: in_force

All information of the department concerning reports of child abuse or neglect of noninstitutional children, including information in the tracking system of child protection cases maintained pursuant to section 28-715 or records in the central registry of child protection cases maintained pursuant to section 28-718 , and all information of the department generated as a result of such reports or records, shall be confidential and shall not be disclosed except as specifically authorized by the Child Protection and Family Safety Act and section 81-3126 or other applicable law. The subject of the report of child abuse or neglect may authorize any individual or organization to receive the following information from the central registry of child protection cases maintained pursuant to section 28-718 which relates or pertains to him or her: (1) The date of the alleged child abuse or neglect; and (2) the classification of the case pursuant to section 28-720 . Permitting, assisting, or encouraging the unauthorized release of any information contained in such reports or records shall be a Class V misdemeanor.

Laws 1979, LB 505, § 13;

Laws 1982, LB 522, § 8;

Laws 2002, LB 642, § 7;

Laws 2005, LB 116, § 17;

Laws 2008, LB782, § 2;

Laws 2014, LB853, § 15.
Neb. Rev. Stat. § 23-408 — NE Code / Chapter 23 / Section 23-408
View Statute 23-408
Status: in_force

(1) The commission may prescribe the following: (a) General employment policies and procedures; (b) regulations for recruiting, examination, and certification of qualified applicants for employment and the maintenance of registers of qualified candidates for employment for all employees governed by the County Civil Service Commission Act; (c) a system of personnel records containing general data on all employees and standards for the development and maintenance of personnel records to be maintained within the offices governed by the act; (d) regulations governing such matters as hours of work, promotions, transfers, demotions, probation, terminations, and reductions in force; (e) regulations for use by all offices governed by the act relating to such matters as employee benefits, vacation, sick leave, and holidays.

(2) The commission shall require department heads to provide sufficient criteria to enable the commission to properly conduct employment examinations.

(3) The commission shall require department heads to supply to the commission position classification plans, job descriptions, and job specifications.

(4) Individual personnel records shall be available for inspection only by the employee involved, the employee's department head, and such other persons as the commission shall authorize.

(5) The commission shall have such other powers as are necessary to effectuate the purposes of the act.

(6) All acts of the commission pursuant to the authority conferred in this section shall be binding on all county department heads governed by the County Civil Service Commission Act.

Laws 1971, LB 921, § 7;

Laws 2018, LB786, § 11;

R.S.Supp.,2018, § 23-2507;

Laws 2019, LB411, § 8.

The civil service commission is a statutorily created tribunal established by the Legislature. As a statutorily created entity, the commission has only such authority as has been conferred on it by statute. Douglas Cty. Bd. of Comrs. v. Civil Serv. Comm. of Douglas Cty., 263 Neb. 544, 641 N.W.2d 55 (2002).

The civil service commission is a statutorily created tribunal established by the Legislature. As a statutorily created entity, the commission has only such authority as has been conferred on it by statute. Douglas Cty. Bd. of Comrs. v. Civil Serv. Comm. of Douglas Cty., 263 Neb. 544, 641 N.W.2d 55 (2002).

The mandatory retirement at age sixty-five provision adopted by the Douglas County Civil Service Commission reflects a permissible means of accomplishing a rational and reasonable objective and it is not unconstitutional. Armstrong v. Howell, 371 F.Supp. 48 (D. Neb. 1974).

The mandatory retirement at age sixty-five provision adopted by the Douglas County Civil Service Commission reflects a permissible means of accomplishing a rational and reasonable objective and it is not unconstitutional. Armstrong v. Howell, 371 F.Supp. 48 (D. Neb. 1974).
Neb. Rev. Stat. § 29-2279 — NE Code / Chapter 29 / Section 29-2279
View Statute 29-2279
Status: in_force

The length of a community service sentence shall be as follows:

(1) Pursuant to section 29-2206 , 29-2208 , or 29-2412 , for an infraction, not less than four nor more than twenty hours;

(2) For a violation of a city ordinance that is an infraction and not pursuant to section 29-2206 , 29-2208 , or 29-2412 , not less than four hours;

(3) For a Class IV or Class V misdemeanor, not less than four nor more than eighty hours;

(4) For a Class III or Class IIIA misdemeanor, not less than eight nor more than one hundred fifty hours;

(5) For a Class I or Class II misdemeanor, not less than twenty nor more than four hundred hours;

(6) For a Class IIIA or Class IV felony, not less than two hundred nor more than three thousand hours; and

(7) For a Class III felony, not less than four hundred nor more than six thousand hours.

Laws 1986, LB 528, § 3;

Laws 1997, LB 364, § 15;

Laws 2017, LB259, § 9.