FrankGoortani/open-us-law huggingface dataset:
Neb. Rev. Stat. § 29-1922 — NE Code / Chapter 29 / Section 29-1922
View Statute 29-1922
Status: in_force

Any defendant may file a motion to produce any statement made by the defendant, or furnish the name of every eyewitness who has identified the defendant at a lineup or showup. The motion shall be filed in the court where the case is to be tried and may be made at any time after the information, indictment, or complaint is filed, and must be filed at least ten days before trial or at the time of arraignment, whichever is the later, unless otherwise permitted by the court for good cause shown. Upon a showing that the items requested by the defendant may be material to the preparation of his or her defense and that the request is reasonable, the court shall entertain such motion and upon sufficient showing may at any time order that the discovery or the inspection be denied, restricted, or deferred or may specify the time, place, and manner of the making of the examination and the taking of copies of items requested and may prescribe such other terms and conditions as are just.

Laws 1969, c. 230, § 1, p. 857;

Laws 1983, LB 110, § 3.
Neb. Rev. Stat. § 30-3894 — NE Code / Chapter 30 / Section 30-3894
View Statute 30-3894
Status: in_force

(UTC 1005) (a) A beneficiary may not commence a proceeding against a trustee for breach of trust more than one year after the date the beneficiary or a representative of the beneficiary was sent a report that adequately disclosed the existence of a potential claim for breach of trust and informed the beneficiary of the time allowed for commencing a proceeding.

(b) A report adequately discloses the existence of a potential claim for breach of trust if it provides sufficient information so that the beneficiary or representative knows of the potential claim or should have inquired into its existence.

(c) If subsection (a) of this section does not apply, a judicial proceeding by a beneficiary against a trustee for breach of trust must be commenced within four years after the first to occur of:

(1) the removal, resignation, or death of the trustee;

(2) the termination of the beneficiary's interest in the trust; or

(3) the termination of the trust.

Laws 2003, LB 130, § 94.

The court viewed this section as recognition of the general rule that a cause of action for breach of trust, including a request for accounting, does not accrue until termination of the trust, with an exception if a potential claim for breach of trust is disclosed to the beneficiary. In re Charles C. Wells Revocable Trust, 15 Neb. App. 624, 734 N.W.2d 323 (2007).

The court viewed this section as recognition of the general rule that a cause of action for breach of trust, including a request for accounting, does not accrue until termination of the trust, with an exception if a potential claim for breach of trust is disclosed to the beneficiary. In re Charles C. Wells Revocable Trust, 15 Neb. App. 624, 734 N.W.2d 323 (2007).
Neb. Rev. Stat. § 23-2317.01 — NE Code / Chapter 23 / Section 23-2317.01
View Statute 23-2317.01
Status: in_force

The County Equal Retirement Benefit Fund is created. The fund shall be administered by the board. Each county participating in the retirement system on January 1, 1984, pursuant to the County Employees Retirement Act shall make a contribution at least once a year to the fund, in addition to any other retirement contributions. Such contribution shall be in an amount determined by the board to provide all similarly situated male and female members of the retirement system with equal benefits pursuant to subsection (2) of section 23-2317 and to provide for direct expenses incurred in administering the fund. The board shall keep a record of the contributions made by each county. Any money in the 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 1983, LB 210, § 4;

Laws 1991, LB 549, § 10;

Laws 1998, LB 1191, § 27;

Laws 2022, LB700, § 3.

Nebraska Capital Expansion Act, see section 72-1269 .

Nebraska State Funds Investment Act, see section 72-1260 .
Neb. Rev. Stat. § 49-901.01 — NE Code / Chapter 49 / Section 49-901.01
View Statute 49-901.01
Status: in_force

Until July 15, 1998, the Revisor of Statutes shall continue to serve as an associate member of the National Conference of Commissioners on Uniform State Laws. On and after July 15, 1998, the Revisor of Statutes shall serve as a commissioner.

Laws 1998, LB 1158, § 3.
Neb. Rev. Stat. § 38-2613 — NE Code / Chapter 71 / Section 38-2613
38-2613
Status: in_force

(1) An optometrist licensed in this state may use topical ocular pharmaceutical agents for diagnostic purposes authorized under subdivision (1)(b) of section 38-2605 , if such person is certified by the department, with the recommendation of the board, as qualified to use topical ocular pharmaceutical agents for diagnostic purposes.

(2) Such certification shall require (a) satisfactory completion of a pharmacology course at an institution accredited by an accrediting organization which is recognized by the United States Department of Education and approved by the board and passage of an examination approved by the board or (b) evidence provided by the optometrist of certification in another state for use of diagnostic pharmaceutical agents which is deemed by the board as satisfactory validation of such qualifications.

Laws 1979, LB 9, § 5;

Laws 1986, LB 131, § 3;

Laws 1987, LB 116, § 2;

Laws 1988, LB 1100, § 41;

Laws 1994, LB 987, § 1;

Laws 1996, LB 1044, § 439;

Laws 1998, LB 369, § 5;

Laws 1999, LB 828, § 96;

Laws 2003, LB 242, § 50;

R.S.1943, (2003), § 71-1,135.02;

Laws 2007, LB236, § 23;

Laws 2007, LB247, § 73;

Laws 2007, LB296, § 341;

Laws 2007, LB463, § 885;

Laws 2021, LB528, § 9.
Neb. Rev. Stat. § 43-3912 — NE Code / Chapter 43 / Section 43-3912
View Statute 43-3912
Status: in_force

The Uniform Child Abduction Prevention Act modifies, limits, and supersedes the federal Electronic Signatures in Global and National Commerce Act, 15 U.S.C. 7001 et seq., but does not modify, limit, or supersede section 101(c) of such act, 15 U.S.C. 7001(c), of such act or authorize electronic delivery of any of the notices described in section 103(b) of such act, 15 U.S.C. 7003(b).

Laws 2007, LB341, § 12.
Neb. Rev. Stat. § 44-7607 — NE Code / Chapter 44 / Section 44-7607
View Statute 44-7607
Status: in_force

(1) A multiple employer welfare arrangement offering a health benefit plan that is not fully insured shall establish a trust pursuant to a written trust agreement to hold all funds pertaining to the health benefit plan. The trust shall be operated by a board of trustees pursuant to the trust agreement.

(2)(a) All members of the board of trustees shall be owners, partners, officers, directors, or employees of one or more participating employers.

(b) No person may be a member of the board of trustees if such person:

(i) Is an owner, officer or employee, or a partner in, or a contract administrator, or other service provider to the health benefit plan or of any third-party administrator of the multiple employer welfare arrangement; or

(ii) Has been convicted of any felony or a Class I, II, or III misdemeanor.

Laws 2002, LB 1139, § 7.
Neb. Rev. Stat. § 38-1018 — NE Code / Chapter 38 / Section 38-1018
View Statute 38-1018
Status: in_force

Cosmetology salon 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 the performance of any or all of the practices of cosmetology by persons licensed under such act.

Laws 1986, LB 318, § 14;

R.S.1943, (2003), § 71-353;

Laws 2007, LB463, § 280;

Laws 2018, LB731, § 7.
Neb. Rev. Stat. § 45-917 — NE Code / Chapter 45 / Section 45-917
View Statute 45-917
Status: in_force

(1)(a) Every licensee shall, at the time any delayed deposit transaction is made, give to the maker of the check, or if there are two or more makers, to one of them, a notice written in plain English disclosing:

(i) The name of the maker, transaction date, and transaction amount;

(ii) The payment due date and total payment due;

(iii) The total of fees on the transaction, expressed as both a dollar amount and an annual percentage rate;

(iv) The date on which the check will be deposited or presented for negotiation; and

(v) Any penalty not to exceed fifteen dollars which the licensee will charge if the check is not negotiable on the date agreed upon. If the licensee required the maker to give two checks for one delayed deposit transaction, the licensee shall charge only one penalty in the event both checks are not negotiable on the date agreed upon.

(b) The notice required by this subsection shall include the following language, all capitalized and in at least ten-point font:

1. THIS TYPE OF SERVICE SHOULD BE USED ONLY TO MEET SHORT-TERM CASH NEEDS.

2. THE LAW DOES NOT ALLOW THIS TYPE OF TRANSACTION TO BE MORE THAN FIVE HUNDRED DOLLARS ($500) IN TOTAL, INCLUDING FEES AND CHARGES, FROM ONE LENDER.

3. YOU HAVE THE RIGHT TO RESCIND THIS TRANSACTION IF YOU DO SO BY THE NEXT BUSINESS DAY BEFORE 5 P.M.

4. YOU HAVE THE RIGHT TO RESCIND YOUR AUTHORIZATION FOR ELECTRONIC PAYMENT.

(2) In addition to the notice required by subsection (1) of this section, every licensee shall conspicuously display a schedule of all fees, charges, and penalties for all services provided by the licensee. Such notice shall be posted at every office of the licensee.

Laws 1994, LB 967, § 17;

Laws 2006, LB 876, § 43;

Laws 2018, LB194, § 8.
Neb. Rev. Stat. § 60-356 — NE Code / Chapter 60 / Section 60-356
View Statute 60-356
Status: in_force

Truck means a motor vehicle that is designed, used, or maintained primarily for the transportation of property or designated as a truck by the manufacturer.

Laws 2005, LB 274, § 56;

Laws 2007, LB286, § 31.

Section 39-6,193, imposing vicarious liability on owners-lessors of trucks for damages by lessees and operators of the leased trucks, is constitutional. Bridgeford v. U-Haul Co., 195 Neb. 308, 238 N.W.2d 443 (1976).

Section 39-6,193, imposing vicarious liability on owners-lessors of trucks for damages by lessees and operators of the leased trucks, is constitutional. Bridgeford v. U-Haul Co., 195 Neb. 308, 238 N.W.2d 443 (1976).

Statute deals only with regulation of motor vehicles upon the highway and definition of word truck therein does not become part of insurance contract. Paltani v. Sentinel Life Ins. Co., 121 Neb. 447, 237 N.W. 392 (1931).

Statute deals only with regulation of motor vehicles upon the highway and definition of word truck therein does not become part of insurance contract. Paltani v. Sentinel Life Ins. Co., 121 Neb. 447, 237 N.W. 392 (1931).

In replevin for motor truck under chattel mortgage, describing it by wrong serial number, question whether description in mortgage, together with other circumstances, was sufficient to identify truck, was for jury. State Bank of Omaha v. Murphy, 110 Neb. 526, 194 N.W. 442 (1923).

In replevin for motor truck under chattel mortgage, describing it by wrong serial number, question whether description in mortgage, together with other circumstances, was sufficient to identify truck, was for jury. State Bank of Omaha v. Murphy, 110 Neb. 526, 194 N.W. 442 (1923).
Neb. Rev. Stat. § 30-3851 — NE Code / Chapter 30 / Section 30-3851
View Statute 30-3851
Status: in_force

(UTC 506) (a) In this section, "mandatory distribution" means a distribution of income or principal which the trustee is required to make to a beneficiary under the terms of the trust, including a distribution upon termination of the trust. The term does not include a distribution subject to the exercise of the trustee's discretion even if (1) the discretion is expressed in the form of a standard of distribution or (2) the terms of the trust authorizing a distribution couple language of discretion with language of direction.

(b) Whether or not a trust contains a spendthrift provision, a creditor or assignee of a beneficiary may reach a mandatory distribution of income or principal, including a distribution upon termination of the trust, if the trustee has not made the distribution to the beneficiary within a reasonable time after the designated distribution date.

Laws 2003, LB 130, § 51;

Laws 2007, LB124, § 26.
Neb. Rev. Stat. § 9-648 — NE Code / Chapter 9 / Section 9-648
9-648
Status: in_force

Any county, city, or village which conducts a lottery shall submit to the department on a quarterly basis a tax of two percent of the gross proceeds. Such tax shall be remitted not later than thirty days from the close of the preceding quarter on forms provided by the department. The department shall remit the tax to the State Treasurer for credit to the Charitable Gaming Operations Fund. All deficiencies of the tax imposed by this section shall accrue interest and be subject to a penalty as provided for sales and use taxes in the Nebraska Revenue Act of 1967.

Laws 1986, LB 1027, § 181;

R.S.1943, (1987), § 9-610;

Laws 1989, LB 767, § 87;

Laws 1993, LB 563, § 19.

Nebraska Revenue Act of 1967, see section 77-2701 .
Neb. Rev. Stat. § 60-311 — NE Code / Chapter 60 / Section 60-311
View Statute 60-311
Status: in_force

Base jurisdiction means, for purposes of fleet registration, the jurisdiction where the registrant has an established place of business, where miles or kilometers are accrued by the fleet, and where operational records of such fleet are maintained or can be made available.

Laws 2005, LB 274, § 11;

Laws 2006, LB 853, § 1;

Laws 2007, LB239, § 1;

Laws 2008, LB756, § 7.
Neb. Rev. Stat. § 30-2438 — NE Code / Chapter 30 / Section 30-2438
View Statute 30-2438
Status: in_force

(a) A formal proceeding for adjudication regarding the priority or qualification of one who is an applicant for appointment as personal representative, or of one who previously has been appointed personal representative in informal proceedings, if an issue concerning the testacy of the decedent is or may be involved, is governed by section 30-2426 , as well as by this section. In other cases, the petition shall contain or adopt the statements required by section 30-2414(1) and describe the question relating to priority or qualification of the personal representative which is to be resolved. If the proceeding precedes any appointment of a personal representative, it shall stay any pending informal appointment proceedings as well as any commenced thereafter. If the proceeding is commenced after appointment, the previously appointed personal representative, after receipt of notice thereof, shall refrain from exercising any power of administration except as necessary to preserve the estate or unless the court orders otherwise.

(b) After notice to interested persons, including all persons interested in the administration of the estate as successors under the applicable assumption concerning testacy, any previously appointed personal representative and any person having or claiming priority for appointment as personal representative, the court shall determine who is entitled to appointment under section 30-2412 , make a proper appointment and, if appropriate, terminate any prior appointment found to have been improper as provided in cases of removal under section 30-2454 .

Laws 1974, LB 354, § 116, UPC § 3-414.

Summary judgment is an incorrect procedure for making a priority determination that removes or replaces a personal representative when the hearing does not comply with the procedural requirements of a formal proceeding under this section. In re Estate of Sutherlin, 261 Neb. 297, 622 N.W.2d 657 (2001).

Summary judgment is an incorrect procedure for making a priority determination that removes or replaces a personal representative when the hearing does not comply with the procedural requirements of a formal proceeding under this section. In re Estate of Sutherlin, 261 Neb. 297, 622 N.W.2d 657 (2001).
Neb. Rev. Stat. § 60-351.01 — NE Code / Chapter 60 / Section 60-351.01
View Statute 60-351.01
Status: in_force

Sport utility vehicle means a high-performance motor vehicle weighing six thousand pounds or less designed to carry ten passengers or less or designated as a sport utility vehicle by the manufacturer.

Laws 2007, LB286, § 29.
Neb. Rev. Stat. § 43-3708 — NE Code / Chapter 43 / Section 43-3708
View Statute 43-3708
Status: in_force

(1) All court appointed special advocate volunteers shall participate fully in preservice training, including, but not limited to, instruction on recognizing child abuse and neglect, cultural awareness, socioeconomic issues, child development, the juvenile court process, permanency planning, volunteer roles and responsibilities, advocacy, information gathering, and documentation. Volunteers shall be required to participate in observation of court proceedings prior to appointment.

(2) All volunteers shall receive a training manual that includes guidelines for service and duties.

(3) Each court appointed special advocate program shall provide a minimum of ten hours of inservice training per year to volunteers.

Laws 2000, LB 1167, § 31.
Neb. Rev. Stat. § 46-1204.02 — NE Code / Chapter 46 / Section 46-1204.02
View Statute 46-1204.02
Status: in_force

Active status water well shall mean a water well which is in use and which is not an illegal water well.

Laws 1994, LB 981, § 13.
Neb. Rev. Stat. § 21-120 — NE Code / Chapter 21 / Section 21-120
View Statute 21-120
Status: in_force

(RULLCA 204) (a) If a person required by the Nebraska Uniform Limited Liability Company Act to sign a record or deliver a record to the Secretary of State for filing under the act does not do so, any other person that is aggrieved may petition the district court to order:

(1) the person to sign the record;

(2) the person to deliver the record to the Secretary of State for filing; or

(3) the Secretary of State to file the record unsigned.

(b) If a petitioner under subsection (a) of this section is not the limited liability company or foreign limited liability company to which the record pertains, the petitioner shall make the company a party to the action.

Laws 2010, LB888, § 20.
Neb. Rev. Stat. § 28-616 — NE Code / Chapter 28 / Section 28-616
View Statute 28-616
Status: in_force

(1) A person commits the offense of altering an identification number if, with the intent to deceive or harm, he obscures an identification number or in the course of business he sells, offers for sale, leases or otherwise disposes of an article knowing that an identification number thereon is obscured.

(2) Altering an identification number is a Class I misdemeanor.

Laws 1977, LB 38, § 138.
Neb. Rev. Stat. § 33-126.06 — NE Code / Chapter 33 / Section 33-126.06
View Statute 33-126.06
Status: in_force

The county court shall be entitled to collect the following fees: For the registration of any trust, whether testamentary or not, twenty-two dollars; for each proceeding initiated in county court concerning the administration and distribution of trusts, the declaration of rights, and the determination of other matters involving trustees and beneficiaries of trusts, twenty-two dollars; for the appointment of a successor trustee, twenty-two dollars; and for filing and recording each report, five dollars. Two dollars of each twenty-two-dollar fee shall be remitted to the State Treasurer for credit to the Nebraska Retirement Fund for Judges through June 30, 2021. Beginning July 1, 2021, four dollars of each twenty-two-dollar fee shall be remitted to the State Treasurer for credit to the Nebraska Retirement Fund for Judges.

Laws 1975, LB 481, § 27;

Laws 1982, LB 928, § 37;

Laws 1989, LB 233, § 9;

Laws 2005, LB 348, § 16;

Laws 2021, LB17, § 11.
Neb. Rev. Stat. § 46-294.04 — NE Code / Chapter 46 / Section 46-294.04
View Statute 46-294.04
Status: in_force

During the time within which a temporary transfer or change in purpose of use of an appropriation is in effect, the appropriation may not be used to invoke any rights of condemnation that are based on preference of use, but such appropriation shall be subject to the exercise of such rights by owners of other appropriations that are for water uses superior to the pretransfer or prechange use of the water under the transferred or changed appropriation.

Laws 2004, LB 962, § 24.
Neb. Rev. Stat. § 9-303 — NE Code / Chapter 9 / Section 9-303
View Statute 9-303
Status: in_force

For purposes of the Nebraska Pickle Card Lottery Act, unless the context otherwise requires, the definitions found in sections 9-304 to 9-321.03 shall be used.

Laws 1986, LB 1027, § 69;

Laws 1988, LB 1232, § 6;

Laws 1994, LB 694, § 63;

Laws 2003, LB 3, § 2.
Neb. Rev. Stat. § 44-6848 — NE Code / Chapter 44 / Section 44-6848
View Statute 44-6848
Status: in_force

If a covered person receives emergency services at an in-network or out-of-network health care facility, the health care provider performing those services shall not bill the covered person in excess of any deductible, copayment, or coinsurance amount applicable to in-network services pursuant to the covered person's health benefits plan.

Laws 2020, LB997, § 15.
Neb. Rev. Stat. § 30-3511 — NE Code / Chapter 30 / Section 30-3511
View Statute 30-3511
Status: in_force

(a) The custodial trustee shall administer the custodial trust as for an incapacitated beneficiary if (i) the custodial trust was created under section 30-3506 , (ii) the transferor has so directed in the instrument creating the custodial trust, or (iii) the custodial trustee has determined that the beneficiary is incapacitated.

(b) A custodial trustee may determine that the beneficiary is incapacitated in reliance upon (i) previous direction or authority given by the beneficiary while not incapacitated, including direction or authority pursuant to a durable power of attorney, (ii) the certificate of the beneficiary's physician, or (iii) other persuasive evidence.

(c) If a custodial trustee for an incapacitated beneficiary reasonably concludes that the beneficiary's incapacity has ceased, or that circumstances concerning the beneficiary's ability to manage property and business affairs have changed since the creation of a custodial trust directing administration as for an incapacitated beneficiary, the custodial trustee may administer the trust as for a beneficiary who is not incapacitated.

(d) On petition of the beneficiary, the custodial trustee, or other person interested in the custodial trust property or the welfare of the beneficiary, the court shall determine whether the beneficiary is incapacitated. A determination of incapacity does not require appointment of a guardian or conservator unless, in the discretion of the court, such appointment is otherwise warranted.

(e) Absent determination of incapacity of the beneficiary under subsection (b) or (d) of this section, a custodial trustee who has reason to believe that the beneficiary is incapacitated shall administer the custodial trust in accordance with the provisions of the Nebraska Uniform Custodial Trust Act applicable to an incapacitated beneficiary.

(f) Incapacity of a beneficiary does not terminate (i) the custodial trust, (ii) any designation of a successor custodial trustee, (iii) rights or powers of the custodial trustee, or (iv) any immunities of third persons acting on instructions of the custodial trustee.

(g) A custodial trustee shall not be liable for any determinations authorized by this section regarding the capacity or incapacity of the beneficiary made in good faith.

Laws 1997, LB 51, § 11.