FrankGoortani/open-us-law huggingface dataset:
Neb. Rev. Stat. § 21-513 — NE Code / Chapter 21 / Section 21-513
View Statute 21-513
Status: in_force

(a) On request of any person, the Secretary of State shall issue a certificate of existence for a protected series of a series limited liability company or a certificate of authority for a foreign protected series if:

(1) in the case of a protected series:

(A) no statement of dissolution, termination, or relocation pertaining to the protected series has been filed; and

(B) the company has delivered to the Secretary of State for filing the most recent biennial report required by section 21-125 and the report includes the name of the protected series, unless:

(i) when the company delivered the report for filing, the protected series designation pertaining to the protected series had not yet taken effect; or

(ii) after the company delivered the report for filing, the company delivered to the Secretary of State for filing a statement of designation change changing the name of the protected series; or

(2) in the case of a foreign protected series, it is authorized to do business in this state.

(b) A certificate issued under subsection (a) of this section must state:

(1) in the case of a protected series:

(A) the name of the protected series of the series limited liability company and the name of the company;

(B) that the requirements of subsection (a) of this section are met;

(C) the date the protected-series designation pertaining to the protected series took effect; and

(D) if a statement of designation change pertaining to the protected series has been filed, the effective date and contents of the statement;

(2) in the case of a foreign protected series, that it is authorized to do business in this state;

(3) that the fees, taxes, interest, and penalties owed to this state by the protected series or foreign protected series and collected through the Secretary of State have been paid, if:

(A) payment is reflected in the records of the Secretary of State; and

(B) nonpayment affects the good standing of the protected series; and

(4) other facts reflected in the records of the Secretary of State pertaining to the protected series or foreign protected series which the person requesting the certificate reasonably requests.

(c) Subject to any qualification stated by the Secretary of State in a certificate issued under subsection (a) of this section, the certificate may be relied on as conclusive evidence of the facts stated in the certificate.

Laws 2018, LB1121, § 14;

Laws 2019, LB78, § 6.
Neb. Rev. Stat. § 2-2803 — NE Code / Chapter 2 / Section 2-2803
View Statute 2-2803
Status: in_force

Qualifying organizations shall include, but not be limited to the Nebraska Dairymen's Association, the State Horticultural Society, the Nebraska Livestock Feeders and Breeders Association, the Nebraska Home Economics Association of Organized Agriculture, the Nebraska Crop Improvement Association, the Western Nebraska Organized Agriculture Association, the Nebraska Poultry Improvement Association, and the Nebraska Potato Council.

Laws 1969, c. 2, § 3, p. 63.
Neb. Rev. Stat. § 71-2407 — NE Code / Chapter 71 / Section 71-2407
View Statute 71-2407
Status: in_force

(1) Any person operating a mail service pharmacy outside of the State of Nebraska shall obtain a mail service pharmacy license prior to shipping, mailing, or in any manner delivering dispensed prescription drugs as defined in section 38-2841 into the State of Nebraska.

(2) To be qualified to hold a mail service pharmacy license, a person shall:

(a) Hold a pharmacy license or permit issued by and valid in the state in which the person is located and from which such prescription drugs will be shipped, mailed, or otherwise delivered;

(b) Be located and operating in a state in which the requirements and qualifications for obtaining and maintaining a pharmacy license or permit are considered by the Department of Health and Human Services, with the approval of the Board of Pharmacy, to be substantially equivalent to the requirements of the Health Care Facility Licensure Act;

(c) Designate the Secretary of State as his, her, or its agent for service of process in this state; and

(d) Employ on a full-time basis at least one pharmacist who holds a current unrestricted pharmacist license issued under the Uniform Credentialing Act who shall be responsible for compliance by the mail service pharmacy with the Mail Service Pharmacy Licensure Act. The mail service pharmacy shall notify the department when such pharmacist is no longer employed by such pharmacy.

(3) To obtain a mail service pharmacy license, a person shall:

(a) File an application on a form developed by the department; and

(b) Pay a fee equivalent to the fee for a pharmacy license in the State of Nebraska pursuant to section 71-434 .

(4) This section does not apply to prescription drugs mailed, shipped, or otherwise delivered by a pharmaceutical company to a laboratory for the purpose of conducting clinical research.

Laws 1988, LB 350, § 2;

Laws 1993, LB 536, § 81;

Laws 1996, LB 1044, § 622;

Laws 1999, LB 594, § 58;

Laws 1999, LB 828, § 163;

Laws 2001, LB 398, § 69;

Laws 2003, LB 667, § 8;

Laws 2007, LB296, § 537;

Laws 2007, LB463, § 1193.

Health Care Facility Licensure Act, see section 71-401 .

Uniform Credentialing Act, see section 38-101 .
Neb. Rev. Stat. § 21-1976 — NE Code / Chapter 21 / Section 21-1976
View Statute 21-1976
Status: in_force

(a) A designated director may be removed by an amendment to the articles or bylaws deleting or changing the designation.

(b)(1) An appointed director may be removed without cause by the person appointing the director except as otherwise provided in the articles or bylaws;

(2) The person removing the appointed director shall do so by giving written notice of the removal to the appointed director and either the presiding officer of the board or the corporation's president or secretary; and

(3) A removal of an appointed director is effective when the notice is effective unless the notice specifies a future effective date.

Laws 1996, LB 681, § 76.
Neb. Rev. Stat. § 28-1342 — NE Code / Chapter 28 / Section 28-1342
View Statute 28-1342
Status: in_force

The Legislature finds and declares that our society is increasingly dependent on computers, that important personal, financial, medical, and historical data is stored in computers, and that valuable data stored can be lost due to criminal action.

The Legislature further finds that specific criminal statutes are necessary to cover the actions of persons who intentionally destroy data or commit fraud using computers.

Laws 1991, LB 135, § 3.
Neb. Rev. Stat. § 46-654 — NE Code / Chapter 46 / Section 46-654
View Statute 46-654
Status: in_force

(1) Any public water supplier having a permit under the Municipal and Rural Domestic Ground Water Transfers Permit Act is hereby granted the protection of sections 46-651 to 46-655 for all water wells for which a permit has been or in the future is granted by the Chief Water Officer under such act.

(2) If in its application for a permit pursuant to such act a public water supplier requests the protection of the spacing requirements of section 46-651 for test holes and water wells under construction and if the permit is granted, the Chief Water Officer shall identify in the permit the area to which the spacing protection will apply and the spacing protection of section 46-651 shall then apply to such area for a period of one year from the date the permit is granted. The Chief Water Officer shall notify, by certified or registered mail, owners and occupiers of land affected by the granting of such spacing protection, according to information supplied by the applicant. Costs of providing such notice shall be borne by the applicant. Owners or occupiers of land not receiving the notice required by this subsection shall not be bound by the spacing requirements until the applicant's water wells are completed. Such protection may be extended by the Chief Water Officer, by a similar procedure, upon application by the public water supplier and good cause shown, for additional one-year periods.

Laws 1965, c. 270, § 4, p. 772;

Laws 1980, LB 643, § 8;

Laws 1987, LB 93, § 14;

Laws 1993, LB 131, § 23;

Laws 2000, LB 900, § 188;

Laws 2025, LB317, § 188.

Municipal and Rural Domestic Ground Water Transfers Permit Act, see section 46-650 .
Neb. Rev. Stat. § 13-1402 — NE Code / Chapter 18 / Section 13-1402
13-1402
Status: in_force

The governing body of any incorporated city or village in the State of Nebraska, the nearest boundary of which city or village is not more than ten miles from the Nebraska bank of the Missouri River, may, and is hereby authorized and empowered, when in its judgment it is deemed expedient, to establish a board of public docks to be known as Dock Board of .......... (here insert name of municipality establishing such board), which shall be a body corporate and politic and possess all the usual powers of a corporation for public purposes, and in its name may sue and be sued, purchase, hold, and sell personal property and real estate, and shall have all powers, authority and duties now granted under the laws of Nebraska for the establishment of such boards of public docks by incorporated cities or villages in the State of Nebraska whose boundaries abut upon the Nebraska bank of the Missouri River.

Laws 1967, c. 81, § 1, p. 257;

R.S.1943, (1983), § 18-701.01.
Neb. Rev. Stat. § 71-202.01 — NE Code / Chapter 71 / Section 71-202.01
View Statute 71-202.01
Status: in_force

For purposes of the Barber Act, unless the context otherwise requires:

(1) Barber shall mean any person who engages in the practice of any act of barbering;

(2) Barber pole shall mean a cylinder or pole with alternating stripes of red, white, and blue or any combination of them which run diagonally along the length of the cylinder or pole;

(3) Barber shop shall mean (a) an establishment or place of business properly licensed as required by the act where one or more persons properly licensed are engaged in the practice of barbering or (b) a mobile barber shop. Barber shop shall not include barber schools or colleges;

(4) Barber school or college shall mean an establishment properly licensed and operated for the teaching and training of barber students;

(5) Board shall mean the Board of Barber Examiners;

(6) Manager shall mean a licensed barber having control of the barber shop and of the persons working at or employed by the barber shop;

(7) License shall mean a certificate of registration issued by the board;

(8) Barber instructor shall mean a teacher of the barber trade as provided in the act;

(9) Assistant barber instructor shall mean a teacher of the barbering trade registered as an assistant barber instructor as required by the act;

(10) Mobile barber shop shall mean a self-contained, self-supporting, enclosed mobile unit licensed under the act as a mobile site for the performance of the practice of barbering by persons licensed under the act;

(11) Registered or licensed barber shall mean a person who has completed the requirements to receive a certificate as a barber and to whom a certificate has been issued;

(12) Secretary of the board shall mean the director appointed by the board who shall keep a record of the proceedings of the board;

(13) Student shall mean a person attending an approved, licensed barber school or college, duly registered with the board as a student engaged in learning and acquiring any and all of the practices of barbering, and who, while learning, performs and assists any of the practices of barbering in a barber school or college; and

(14) Postsecondary barber school or college shall mean an establishment properly licensed and operated for the teaching and training of barber students who have successfully completed high school or its equivalent as determined by successfully passing a general educational development test prior to admittance.

Laws 1971, LB 1020, § 5;

Laws 1978, LB 722, § 3;

Laws 1983, LB 87, § 15;

Laws 1993, LB 226, § 3;

Laws 2011, LB46, § 1;

Laws 2016, LB842, § 1;

Laws 2018, LB731, § 79;

Laws 2020, LB755, § 24.
Neb. Rev. Stat. § 29-901.03 — NE Code / Chapter 29 / Section 29-901.03
View Statute 29-901.03
Status: in_force

When a defendant first appears before a judge pursuant to section 29-901 , he shall be advised of his right to obtain review of the conditions of release imposed if he is unable to fulfill such conditions and remains in custody for more than twenty-four hours thereafter. Any defendant who shall remain in custody for more than twenty-four hours after a judge other than a district court judge imposes bail or any other condition of release, as a result of his inability to fulfill such condition or conditions, may request a review by the judge who imposed the conditions and, upon such request, the defendant shall be brought before the judge at the first regular court day. If the defendant is indigent and unable to retain legal counsel, the judge shall appoint an attorney to represent the defendant for the purpose of such review. Unless the conditions of release are amended and the defendant is thereupon released, the judge shall set forth in writing the reasons for requiring such condition or conditions. Any defendant who shall be ordered released by a judge other than a district court judge on a condition which requires that he return to custody after specified hours shall, upon application, be entitled to a review by the judge who imposed the condition in the same manner as a defendant who remains in full-time custody. In the event that the judge who imposed the condition or conditions of release is not available, any other judge in the district or of the same court may review such conditions.

Laws 1974, LB 828, § 4;

Laws 1975, LB 284, § 3.
Neb. Rev. Stat. § 67-446 — NE Code / Chapter 67 / Section 67-446
View Statute 67-446
Status: in_force

For purposes of sections 67-446 to 67-453 :

(1) General partner means a partner in a partnership and a general partner in a limited partnership;

(2) Limited partner means a limited partner in a limited partnership;

(3) Limited partnership means a limited partnership created under the Nebraska Uniform Limited Partnership Act, predecessor law, or comparable law of another jurisdiction; and

(4) Partner includes both a general partner and a limited partner.

Laws 1997, LB 523, § 46.

Nebraska Uniform Limited Partnership Act, see section 67-296 .
Neb. Rev. Stat. § 37-206.01 — NE Code / Chapter 37 / Section 37-206.01
View Statute 37-206.01
Status: in_force

Aquatic invasive species means exotic or nonnative aquatic organisms listed in rules and regulations of the commission which pose a significant threat to the aquatic resources, water supplies, or water infrastructure of this state.

Laws 2012, LB391, § 3.
Neb. Rev. Stat. § 13-1209 — NE Code / Chapter 19 / Section 13-1209
13-1209
Status: in_force

(1) A public transportation assistance program is hereby established to provide state assistance for the capital acquisition and operating costs of public transportation systems.

(2) Any municipality, county, transit authority, regional metropolitan transit authority, or qualified public-purpose organization shall be eligible to receive financial assistance for the eligible capital acquisition and operating costs of a public transportation system, whether the applicant directly operates such system or contracts for its operation. A qualified public-purpose organization shall not be eligible for financial assistance under the Nebraska Public Transportation Act if such organization is currently receiving state funds for a program which includes transportation services and such funding and services would be duplicated by the act. Eligible operating costs include those expenses incurred in the operation of a public transportation system which exceed the amount of operating revenue and which are not otherwise eligible for reimbursement from any available federal programs other than those administered by the United States Department of the Treasury. Eligible capital acquisition costs include investments in the purchase, replacement, and rebuilding of buses and other vehicles used for public transportation.

(3) The state grant to an applicant shall not exceed fifty percent of the eligible capital acquisition or operating costs of the public transportation system as provided for in subsection (2) of this section. The amount of state funds shall be matched by an equal amount of local funds in support of capital acquisition or operating costs.

Laws 1975, LB 443, § 13;

Laws 1981, LB 144, § 6;

R.S.1943, (1983), § 19-3909;

Laws 1993, LB 158, § 6;

Laws 2016, LB977, § 1;

Laws 2019, LB492, § 29.
Neb. Rev. Stat. § 2-1512 — NE Code / Chapter 2 / Section 2-1512
View Statute 2-1512
Status: in_force

In order to develop Nebraska's water resources, the department, using the process provided for in subsection (4) of section 2-1509 , and with the approval of the commission, may acquire interests in water and related land resources projects in the name of the state utilizing the Water Sustainability Fund. Such use of the fund shall be made when the public benefits obtained from the projects or a part thereof are statewide in nature and when associated costs are determined to be more appropriately financed by other than a local organization. Such use of the fund may be made upon the determination by the department and the commission that such acquisition is appropriate under sections 2-1506 to 2-1513 . The department, with the approval of the commission, may also acquire interests in water resource projects in the name of the state to meet future demands for usable water. Such water resource projects may include, but not be limited to, the construction of dams and reservoirs to provide surplus water storage capacity for municipal and industrial water demands and for other projects to assure an adequate quantity of usable water. In furtherance of these goals, the department may contract with the federal government or any of its agencies or departments for the inclusion of additional water supply storage space behind existing or proposed structures.

Laws 2014, LB1098, § 9.
Neb. Rev. Stat. § 52-1317 — NE Code / Chapter 52 / Section 52-1317
View Statute 52-1317
Status: in_force

In order to verify the existence or nonexistence of a security interest, a buyer, commission merchant, or selling agent may request a seller to disclose such seller's approved unique identifier.

Laws 1986, Third Spec. Sess., LB 1, § 17;

Laws 2007, LB124, § 67;

Laws 2015, LB464, § 3.
Neb. Rev. Stat. § 53-112 — NE Code / Chapter 53 / Section 53-112
View Statute 53-112
Status: in_force

Each member of the commission shall receive an annual salary of not to exceed twelve thousand five hundred dollars, to be fixed by the Governor, payable monthly, and in addition expenses authorized in section 53-113 incurred on behalf of the commission. The salary of the executive director of the commission shall be fixed by the commission, payable monthly.

Laws 1935, c. 116, § 13, p. 382;

C.S.Supp.,1941, § 53-313;

R.S.1943, § 53-112;

Laws 1951, c. 338, § 2, p. 1116;

Laws 1955, c. 200, § 1, p. 568;

Laws 1957, c. 227, § 1, p. 777;

Laws 1959, c. 339, § 1, p. 1222;

Laws 1967, c. 330, § 1, p. 876;

Laws 1969, c. 438, § 1, p. 1468;

Laws 1973, LB 111, § 2;

Laws 1974, LB 681, § 3;

Laws 1989, LB 780, § 5;

Laws 2020, LB381, § 44.

Cited in making comparison of powers and duties of Liquor Control Commission with those of heads of executive departments. State ex rel. Johnson v. Chase, 147 Neb. 758, 25 N.W.2d 1 (1946).

Cited in making comparison of powers and duties of Liquor Control Commission with those of heads of executive departments. State ex rel. Johnson v. Chase, 147 Neb. 758, 25 N.W.2d 1 (1946).
Neb. Rev. Stat. § 31-736 — NE Code / Chapter 31 / Section 31-736
View Statute 31-736
Status: in_force

Such sanitary and improvement district may acquire by purchase, condemnation, or otherwise, real or personal property, right-of-way, and privilege, within or without its corporate limits, necessary for its corporate purposes. Such acquisition by the district may be effected only after approval by the municipality or county having zoning jurisdiction over such property. The approval of plans and specifications for the public improvement or project, or the approval of plans and exact costs for public parks, playgrounds, and recreational facilities, as required by section 31-740 , shall be deemed to be approval for the acquisition by the district of such fee title, easements, or other interests in such property as may be required for the public improvement or project.

Laws 1949, c. 78, § 10, p. 199;

Laws 1978, LB 708, § 1.
Neb. Rev. Stat. § 45-702.01 — NE Code / Chapter 45 / Section 45-702.01
View Statute 45-702.01
Status: in_force

(1) Reverse-mortgage loans shall be governed by the following rules without regard to the requirements set out elsewhere for other types of mortgage transactions: (a) Payment in whole or in part is permitted without penalty at any time during the period of the loan; (b) an advance and interest on the advance have priority over a lien filed after the closing of a reverse-mortgage loan; (c) an interest rate may be fixed or adjustable and may also provide for interest that is contingent on appreciation in the value of the residential real estate; and (d) the advance shall not be reduced in amount or number based on an adjustment in the interest rate when a reverse-mortgage loan provides for periodic advances to a borrower.

(2) Reverse-mortgage loans may be made or acquired without regard to the following provisions for other types of mortgage transactions: (a) Limitations on the purpose and use of future advances or any other mortgage proceeds; (b) limitations on future advances to a term of years or limitations on the term of credit line advances; (c) limitations on the term during which future advances take priority over intervening advances; (d) requirements that a maximum mortgage amount be stated in the mortgage; (e) limitations on loan-to-value ratios; (f) prohibitions on balloon payments; (g) prohibitions on compounded interest and interest on interest; and (h) requirements that a percentage of the loan proceeds must be advanced prior to loan assignment.

(3) A licensee may, in connection with a reverse-mortgage loan, charge to the borrower (a) a nonrefundable loan origination fee which does not exceed two percent of the appraised value of the owner-occupied principal residence at the time the loan is made, (b) a reasonable fee paid to third parties originating loans on behalf of the licensee, and (c) such other fees as are necessary and required, including fees for inspections, insurance, appraisals, and surveys.

(4) Licensees failing to make loan advances as required in the loan documents and failing to cure the default as required in the loan documents shall forfeit to the borrower an amount equal to the greater of two hundred dollars or one percent of the amount of the loan advance the licensee failed to make.

Laws 2010, LB892, § 5.
Neb. Rev. Stat. § 81-2029 — NE Code / Chapter 60 / Section 81-2029
81-2029
Status: in_force

No disability benefit payments shall be made except upon adequate proof furnished to the system of the existence of such disability, and during the time when any such benefits are being paid, the system shall have the right, at reasonable times, to require the disabled officer to submit proof of the continuance of the disability claimed. Disability is defined to be the complete inability of the officer, for reasons of accident or sickness, to perform the duties of an officer.

Laws 1947, c. 211, § 13(3), p. 691;

Laws 1969, c. 511, § 9, p. 2097;

Laws 1974, LB 1004, § 2;

R.S.1943, (1978), § 60-456;

Laws 1991, LB 549, § 57.