FrankGoortani/open-us-law huggingface dataset:
Neb. Rev. Stat. § 25-1032 — NE Code / Chapter 25 / Section 25-1032
View Statute 25-1032
Status: in_force

If judgment is rendered in the action for the defendant, the attachment shall be discharged, and the property attached, or its proceeds, shall be returned to him.

R.S.1867, Code § 227, p. 431;

R.S.1913, § 7761;

C.S.1922, § 8705;

C.S.1929, § 20-1032;

R.S.1943, § 25-1032.

Order discharging garnishee ipso facto discharges attachment. Alpirn v. Goodman, 3 Neb. Unof. 397, 91 N.W. 530 (1902).

Order discharging garnishee ipso facto discharges attachment. Alpirn v. Goodman, 3 Neb. Unof. 397, 91 N.W. 530 (1902).
Neb. Rev. Stat. § 53-108 — NE Code / Chapter 53 / Section 53-108
View Statute 53-108
Status: in_force

The commission may, with the advice and approval of the Governor, appoint or employ such clerks and other employees as may be necessary to carry out the Nebraska Liquor Control Act or to perform the duties and exercise the powers conferred by law upon the commission.

Laws 1935, c. 116, § 9, p. 380;

C.S.Supp.,1941, § 53-309;

R.S.1943, § 53-108;

Laws 1945, c. 238, § 22, p. 714;

Laws 1951, c. 311, § 4, p. 1067;

Laws 1991, LB 344, § 6.

Employment of subordinate employees is subject to approval of Governor. State ex rel. Johnson v. Chase, 147 Neb. 758, 25 N.W.2d 1 (1946).

Employment of subordinate employees is subject to approval of Governor. State ex rel. Johnson v. Chase, 147 Neb. 758, 25 N.W.2d 1 (1946).
Neb. Rev. Stat. § 30-4408 — NE Code / Chapter 30 / Section 30-4408
View Statute 30-4408
Status: in_force

(1) A principal has a right to form a self-binding arrangement for mental health care in an advance mental health care directive. A self-binding arrangement allows the principal to obtain mental health treatment in the event that an acute mental health episode renders the principal incapacitated and induces the principal to refuse treatment.

(2) To provide advance consent to inpatient treatment despite the principal's illness-induced refusal, a principal shall, in such directive:

(a) Make the directive irrevocable pursuant to subsection (3) of section 30-4405 ; and

(b) Consent to admission to an inpatient treatment facility.

(3) To provide advance consent to administration of psychotropic medication despite the principal's illness-induced refusal of medication, a principal shall, in such directive:

(a) Make the directive irrevocable pursuant to subsection (3) of section 30-4405 ; and

(b) Consent to administration of psychotropic medication.

Laws 2020, LB247, § 8.
Neb. Rev. Stat. § 19-1307 — NE Code / Chapter 19 / Section 19-1307
View Statute 19-1307
Status: in_force

If the electors of a city or village, equal in number to forty percent of the electors of such city or village voting at the last preceding general municipal election, file written objections to proposed issuance of combined revenue bonds pursuant to section 19-1305 with the city clerk or village clerk within twenty days after the first publication of the notice given pursuant to section 19-1306 , the city council or village board of trustees shall submit such proposition of issuing such bonds to the electors of such city or village at a special election called for that purpose or at a general city or village election, notice of which shall be given by publication in a legal newspaper published in or of general circulation in such city or village three consecutive weeks. If a majority of the qualified electors of such city or village, voting upon the proposition, vote in favor of issuing such bonds, the city council or village board of trustees may issue and sell such combined revenue bonds and pledge, for the payment of same, the revenue and earnings of the public utilities owned and operated by the city or village, as proposed in such notice, and enter into such contracts in connection therewith as may be necessary or proper. Such bonds shall draw interest from and after the date of the issuance thereof. In the event the electors fail to approve the proposition by such majority vote, such proposition shall not be again submitted to the electors for their consideration until one year has elapsed from the date of such election.

Laws 1945, c. 38, § 3, p. 193;

Laws 1969, c. 51, § 72, p. 319;

Laws 2019, LB193, § 109.
Neb. Rev. Stat. § 52-603 — NE Code / Chapter 52 / Section 52-603
View Statute 52-603
Status: in_force

In accordance with the terms of the notice given as provided by section 52-601.01 , a sale of the goods for reasonable value may be had to satisfy any valid claim of the claimant for which the claimant has a lien on the goods. Such sale shall extinguish any lien or security interest in the goods of a lienholder or security interest holder to which notice of sale was mailed pursuant to section 52-601.01 .

Laws 1923, c. 118, § 3, p. 281;

C.S.1929, § 52-603;

R.S.1943, § 52-603;

Laws 1974, LB 960, § 2;

Laws 2014, LB851, § 2.
Neb. Rev. Stat. § 30-4204 — NE Code / Chapter 30 / Section 30-4204
View Statute 30-4204
Status: in_force

The guardian ad litem may obtain, informally or by subpoena, the following information regarding the person for whom the guardian ad litem has been appointed: (1) A report from any medical provider, provider of psychological services, law enforcement, adult protective services agency, or financial institution; and (2) any account or record of any business, corporation, partnership, or other business entity which such person owns or in which such person has an interest. Any material obtained by a guardian ad litem pursuant to this section is admissible in evidence.

Laws 2016, LB934, § 17.

In guardianship proceedings, the information specifically described in the first sentence of this section is admissible in evidence at the discretion of the trial court when the proponent shows such information or material (1) was obtained by the guardian ad litem informally or by subpoena and (2) is regarding the person for whom the guardian ad litem was appointed. In re Guardianship of Patrick W., 316 Neb. 381, 4 N.W.3d 833 (2024).

In guardianship proceedings, the information specifically described in the first sentence of this section is admissible in evidence at the discretion of the trial court when the proponent shows such information or material (1) was obtained by the guardian ad litem informally or by subpoena and (2) is regarding the person for whom the guardian ad litem was appointed. In re Guardianship of Patrick W., 316 Neb. 381, 4 N.W.3d 833 (2024).

This section empowers the guardian ad litem to obtain information as part of his or her investigation and permits for the admissibility of the information so collected. By its plain terms, this section addresses "material obtained by a guardian ad litem" and does not pertain to a report created by a guardian ad litem. In re Guardianship of Jill G., 312 Neb. 108, 977 N.W.2d 913 (2022).

This section empowers the guardian ad litem to obtain information as part of his or her investigation and permits for the admissibility of the information so collected. By its plain terms, this section addresses "material obtained by a guardian ad litem" and does not pertain to a report created by a guardian ad litem. In re Guardianship of Jill G., 312 Neb. 108, 977 N.W.2d 913 (2022).
Neb. Rev. Stat. § 30-4005 — NE Code / Chapter 30 / Section 30-4005
View Statute 30-4005
Status: in_force

A power of attorney must be signed by the principal or marked by the principal in accordance with section 64-105.02 or signed in the principal's conscious presence by another individual directed by the principal to sign the principal's name on the power of attorney. A signature or mark on a power of attorney is presumed to be genuine if the principal acknowledges the signature before a notary public or other individual authorized by law to take acknowledgments. A power of attorney under the Nebraska Uniform Power of Attorney Act is not valid unless it is acknowledged before a notary public or other individual authorized by law to take acknowledgments.

Laws 2012, LB1113, § 5.
Neb. Rev. Stat. § 23-2004 — NE Code / Chapter 23 / Section 23-2004
View Statute 23-2004
Status: in_force

The complaint shall be by an accuser against the accused, and shall contain the charges with the necessary specifications under them, and be verified by the affidavit of any elector of the state that he believes the charges to be true.

R.S.1866, c. 45, § 4, p. 298;

R.S.1913, § 5701;

C.S.1922, § 5031;

C.S.1929, § 26-1704;

R.S.1943, § 23-2004.

Complaint set out and held sufficient. Stewart v. Bole, 61 Neb. 193, 85 N.W. 33 (1901).

Complaint set out and held sufficient. Stewart v. Bole, 61 Neb. 193, 85 N.W. 33 (1901).
Neb. Rev. Stat. § 68-939 — NE Code / Chapter 68 / Section 68-939
View Statute 68-939
Status: in_force

(1) A person violates the False Medicaid Claims Act and is subject to civil liability as provided in section 68-936 and damages as provided in subsection (2) of this section if he or she:

(a) Having submitted a claim or received payment for a good or service under the medical assistance program, knowingly fails to maintain such records as are necessary to disclose fully the nature of all goods or services for which a claim was submitted or payment was received, or such records as are necessary to disclose fully all income and expenditures upon which rates of payment were based, for a period of at least six years after the date on which payment was received; or

(b) Knowingly destroys such records within six years from the date payment was received.

(2) A person who knowingly fails to maintain records or who knowingly destroys records within six years from the date payment for a claim was received shall be subject to damages in the amount of three times the amount of the claim submitted for which records were knowingly not maintained or knowingly destroyed.

(3) If the state is the prevailing party in an action under this section, the defendant, in addition to penalties and damages, shall pay the state's costs and attorney's fees for the civil action brought to recover penalties or damages under the act.

Laws 2004, LB 1084, § 6;

R.S.Supp.,2004, § 68-1078;

Laws 2006, LB 1248, § 39.
Neb. Rev. Stat. § 30-122 — NE Code / Chapter 30 / Section 30-122
View Statute 30-122
Status: in_force

Where two or more beneficiaries are designated to take successively by reason of survivorship under another person's disposition of property and there is no sufficient evidence that these beneficiaries have died otherwise than simultaneously the property thus disposed of shall be divided into as many equal portions as there are successive beneficiaries and these portions shall be distributed respectively to those who would have taken in the event that each designated beneficiary had survived.

Laws 1947, c. 112, § 2, p. 306.
Neb. Rev. Stat. § 2-4108 — NE Code / Chapter 2 / Section 2-4108
View Statute 2-4108
Status: in_force

At the first meeting of the commission, it shall elect a chairperson from among its members. The commission shall meet at least once every year and at such other times as called by the chairperson or by any three voting members of the commission. The majority of the voting members of the commission shall constitute a quorum for transaction of business. The commission may hold meetings by virtual conferencing subject to the Open Meetings Act. No member shall vote by proxy, and the affirmative vote of the majority of all members of the commission shall be necessary for the adoption of rules and regulations.

Laws 2020, LB803, § 8;

Laws 2021, LB83, § 1.

Open Meetings Act, see section 84-1407 .
Neb. Rev. Stat. § 54-2616 — NE Code / Chapter 54 / Section 54-2616
View Statute 54-2616
Status: in_force

The Attorney General shall enforce the provisions of sections 54-2607 to 54-2615 , and the director shall refer any violations of these provisions to the Attorney General. The Attorney General or any person injured by a violation of these provisions may bring an action in district court to restrain a packer from violating these provisions.

Laws 1999, LB 835, § 16.
Neb. Rev. Stat. § 45-603 — NE Code / Chapter 45 / Section 45-603
View Statute 45-603
Status: in_force

(1) There is hereby created the Collection Agency Licensing Board which shall consist of the Secretary of State, who shall be chairperson of the board, and four members appointed by the Governor. Three of the members appointed by the Governor shall be licensees actively engaged in the collection business in this state, one of whom shall reside in each of the state's three congressional districts. The remaining member shall be appointed at large as a representative of the public. Such person shall not be a licensee actively engaged in the collection business in this state.

(2) The term of office of each appointed member shall be for four years, except that of the members of the first board appointed under this section, two shall be appointed for a term of two years. Before a member's term expires, the Governor shall appoint a successor to take office on the expiration of the member's term. A member shall continue to serve after the expiration of his or her term until a successor is appointed and qualified. A vacancy in the office of a member shall be filled by appointment for the unexpired term.

(3) The members of the board shall be reimbursed for expenses as provided in sections 81-1174 to 81-1177 .

(4) The board may employ such persons as may be necessary to carry out the Collection Agency Act, fix the salaries of such employees, and make such other expenditures as are necessary to properly carry out the act, except that all remuneration, expenses, salaries, and expenditures provided for in the act shall be paid out of the Secretary of State Cash Fund.

(5) The Secretary of State shall keep a record of all the proceedings, transactions, communications, and official acts performed pursuant to the act and perform such other duties as may be necessary to carry out the intent and purpose of the act.

Laws 1963, c. 500, § 8, p. 1595;

R.S.1943, (1981), § 81-8,165;

Laws 1984, LB 471, § 4;

Laws 1989, LB 3, § 1;

Laws 1993, LB 261, § 3;

Laws 2020, LB381, § 37;

Laws 2020, LB910, § 13.
Neb. Rev. Stat. § 37-1714 — NE Code / Chapter 37 / Section 37-1714
View Statute 37-1714
Status: in_force

Qualification-based selection process means a process of selecting a construction manager based on qualifications.

Laws 2018, LB775, § 15.
Neb. Rev. Stat. § 45-1104 — NE Code / Chapter 45 / Section 45-1104
View Statute 45-1104
Status: in_force

(1) Guaranteed asset protection waivers offered, sold, or provided to borrowers under the terms of the Guaranteed Asset Protection Waiver Act are not insurance and are exempt from the insurance laws of this state. Persons marketing, selling, or offering to sell guaranteed asset protection waivers to borrowers that comply with the act are exempt from this state's insurance licensing requirements.

(2) Guaranteed asset protection waivers may, at the option of the creditor, be sold for a single payment or may be offered with a monthly or periodic payment option.

(3) Notwithstanding any other provision of law, any cost to the borrower for a guaranteed asset protection waiver entered into in compliance with the federal Truth in Lending Act, 15 U.S.C. 1601 et seq., and its implementing regulations, as such act and regulations existed on July 15, 2010, shall be separately stated and is not to be considered a finance charge or interest.

(4) The guaranteed asset protection waiver remains a part of the finance agreement upon the assignment, sale, or transfer of such finance agreement by the creditor.

(5) Neither the extension of credit, the terms of the credit, nor the terms of the related motor vehicle sale or lease may be conditioned upon the purchase of a guaranteed asset protection waiver.

(6) Persons marketing, selling, or offering to sell guaranteed asset protection waivers to a borrower shall not market such guaranteed asset protection waivers to any borrower or potential borrowers as being insured under a contractual liability or other insurance policy issued by an insurer.

Laws 2010, LB571, § 4.
Neb. Rev. Stat. § 48-1501 — NE Code / Chapter 48 / Section 48-1501
View Statute 48-1501
Status: in_force

As used in sections 48-1501 to 48-1506 , unless the context otherwise requires, sheltered workshop shall mean a facility in Nebraska operated by a public agency or a private nonprofit corporation organized for the primary purpose of employment of and service to physically or mentally disabled clients in a program of rehabilitation. Such facility shall be certified as a sheltered workshop, a work activity center, or an equivalent by an independent accrediting agency and comply with the Fair Labor Standards Amendments of 1966, Public Law No. 89-601 , 80 Stat. 830, as a sheltered workshop or a work activity center.

Laws 1984, LB 540, § 1;

Laws 1997, LB 238, § 5.
Neb. Rev. Stat. § 37-1244 — NE Code / Chapter 37 / Section 37-1244
View Statute 37-1244
Status: in_force

Every motorboat shall have the carburetor or carburetors of every engine therein, except outboard motors, using gasoline as fuel, equipped with such efficient flame arrester, backfire trap, or other similar device as may be prescribed by the regulations of the commission.

Laws 1978, LB 21, § 44.
Neb. Rev. Stat. § 47-705 — NE Code / Chapter 47 / Section 47-705
View Statute 47-705
Status: in_force

(1) Sections 47-701 to 47-704 do not release any governmental agency from liability for the costs of medical services made necessary by the negligence, recklessness, or intentional misconduct of the agency or its employees or the costs of medical care resulting from an accident or occupational disease arising out of and in the course of the individual's performance of tasks assigned by the staff of the facility or institution holding that individual. Any recipient or provider of medical services or any insurer, health maintenance organization, preferred provider organization, or other similar source that may be responsible for the costs of medical services pursuant to sections 47-701 to 47-704 shall be entitled to reimbursement from the appropriate governmental agency for the costs of medical services made necessary by the negligence, recklessness, or intentional misconduct of the governmental agency or its employees or the costs of medical care resulting from an accident or occupational disease arising out of and in the course of the individual's performance of tasks assigned by the staff of the facility or institution holding that individual.

(2) Any person who denies medical services to any individual who is arrested, detained, taken into custody, or incarcerated, solely on the basis that the individual is without a policy, subscription, or agreement with an insurer, a health maintenance organization, a preferred provider organization, or other similar source of health insurance, is guilty of nonfeasance, shall be removed from his or her employment immediately, and shall be answerable in civil damages to the individual denied medical services.

Laws 1999, LB 112, § 5.
Neb. Rev. Stat. § 44-224.10 — NE Code / Chapter 44 / Section 44-224.10
View Statute 44-224.10
Status: in_force

Whenever any company operating on other than the stock plan reinsures all of its risk and business in bulk its charter shall be deemed forfeited to the State of Nebraska. Whenever any company enters into a contract of consolidation and thereby loses its separate identity, its charter shall be deemed forfeited to the State of Nebraska.

Laws 1957, c. 180, § 10, p. 624.
Neb. Rev. Stat. § 48-2613 — NE Code / Chapter 48 / Section 48-2613
View Statute 48-2613
Status: in_force

(1) An athlete agent shall retain the following records for a period of five years:

(a) The name and address of each individual represented by the athlete agent;

(b) Any agency contract entered into by the athlete agent; and

(c) Any direct costs incurred by the athlete agent in the recruitment or solicitation of a student-athlete to enter into an agency contract.

(2) Records required by subsection (1) of this section to be retained are open to inspection by the Secretary of State during normal business hours.

Laws 2009, LB292, § 13.
Neb. Rev. Stat. § 17-608 — NE Code / Chapter 17 / Section 17-608
View Statute 17-608
Status: in_force

When the treasurer of any city of the second class or village holds funds of any such city or village in excess of the amount required for maintenance or set aside for betterments and improvements, the mayor and city council or the village board of trustees may, by resolution, direct and authorize the treasurer to invest such surplus funds in the outstanding bonds or registered warrants of such city or village, in bonds and debentures issued either singly or collectively by any of the twelve federal land banks, the twelve intermediate credit banks, or the thirteen banks for cooperatives under the supervision of the Farm Credit Administration, or in interest-bearing bonds or the obligations of the United States. The interest on such bonds or warrants shall be credited to the fund out of which such bonds or warrants were purchased.

Laws 1927, c. 38, § 1, p. 169;

Laws 1929, c. 45, § 1, p. 193;

C.S.1929, § 17-515;

Laws 1931, c. 33, § 1, p. 125;

Laws 1935, c. 140, § 2, p. 516;

Laws 1937, c. 31, § 1, p. 155;

C.S.Supp.,1941, § 17-515;

Laws 1943, c. 27, § 2(2), p. 122;

R.S.1943, § 17-608;

Laws 1959, c. 263, § 6, p. 927;

Laws 2017, LB133, § 207.
Neb. Rev. Stat. § 60-1911 — NE Code / Chapter 60 / Section 60-1911
View Statute 60-1911
Status: in_force

Except as provided in section 60-1908 , any person violating the provisions of sections 60-1901 to 60-1911 shall be guilty of a Class II misdemeanor.

Laws 1971, LB 295, § 11;

Laws 1977, LB 39, § 101;

Laws 1999, LB 90, § 12;

Laws 2018, LB275, § 6.
Neb. Rev. Stat. § 15-1307 — NE Code / Chapter 15 / Section 15-1307
View Statute 15-1307
Status: in_force

The provisions of sections 15-1301 to 15-1307 are supplementary to existing laws relating to cities of the primary class and confer upon such cities powers not heretofore granted.

Laws 1974, LB 825, § 7.
Neb. Rev. Stat. § 2-109 — NE Code / Chapter 2 / Section 2-109
View Statute 2-109
Status: in_force

The Department of Revenue shall, at the conclusion of each calendar quarter, provide to the most populous city within the county in which the Nebraska State Fair is held written notification of the amount estimated by the department to equal ten percent of the lottery revenue collected during the calendar quarter to be transferred to the Nebraska State Fair Support and Improvement Cash Fund. If the state fair is scheduled to be held in a different county from that in which the most recent state fair was held, the written notification required by this section shall be made to the most populous city within the county in which the state fair is scheduled to be held beginning with the written notification made at the conclusion of the first calendar quarter during the calendar year in which the state fair is held or scheduled to be held in such county. The department shall provide a copy of the written notification to the Department of Administrative Services.

Laws 2005, LB 426, § 5;

Laws 2009, LB224, § 2.
Neb. Rev. Stat. § 44-377 — NE Code / Chapter 44 / Section 44-377
View Statute 44-377
Status: in_force

To render an insurance policy effective by one partner, member, or part owner applicable to the interest of another partner, member, or owner, it is necessary that the terms of the policy should be such as are applicable to the joint, partnership, or limited liability company interest.

Laws 1913, c. 154, § 66, p. 423;

R.S.1913, § 3202;

Laws 1919, c. 190, tit. V, art. IV, § 36, p. 603;

C.S.1922, § 7801;

C.S.1929, § 44-336;

R.S.1943, § 44-377;

Laws 1993, LB 121, § 221.
Neb. Rev. Stat. § 71-455 — NE Code / Chapter 71 / Section 71-455
View Statute 71-455
Status: in_force

Any party to a decision of the department under the Health Care Facility Licensure Act may appeal such decision. The appeal shall be in accordance with the Administrative Procedure Act.

Laws 2000, LB 819, § 55.

Administrative Procedure Act, see section 84-920 .