FrankGoortani/open-us-law huggingface dataset:
Neb. Rev. Stat. § 21-612 — NE Code / Chapter 21 / Section 21-612
View Statute 21-612
Status: in_force

Fraternal, benevolent and charitable organizations in this state which have or may hereafter be duly incorporated by the laws of the state, are hereby authorized by and through their respective grand bodies issuing charters to their subordinates, to organize and create within their respective organizations, bodies corporate for the purpose of establishing and maintaining homes in this state for the care and maintenance of orphans, widows, aged and indigent persons, or for the care of such persons, under such rules, regulations and bylaws as such organization may provide; and to acquire and receive by donation, bequest, assessment and purchase and other legitimate means, property and funds for such purpose and to hold and invest all such property and funds thus acquired; to borrow money on its real estate and other property; to acquire, invest or reinvest its funds for the endowment of such homes, or its charges or inmates; to invest, reinvest or exchange its endowment funds upon such securities as its trustees may deem safe; to take and hold mortgages upon real estate and other securities therefor, to exchange the same, and to do all things necessary for the purposes and objects of charitable, benevolent and fraternal care of orphans, widows, aged and indigent persons who need such care. But no funds or other property thus acquired by any such fraternal, benevolent or charitable association shall ever be diverted from the objects and purposes herein stated.

Laws 1907, c. 30, § 1, p. 157;

R.S.1913, § 612;

C.S.1922, § 506;

C.S.1929, § 24-609;

R.S.1943, § 21-612.
Neb. Rev. Stat. § 30-4305 — NE Code / Chapter 30 / Section 30-4305
View Statute 30-4305
Status: in_force

(UDTA 5) (a) In this section, power of appointment means a power that enables a person acting in a nonfiduciary capacity to designate a recipient of an ownership interest in or another power of appointment over trust property.

(b) The Nebraska Uniform Directed Trust Act does not apply to a:

(1) power of appointment;

(2) power to appoint or remove a trustee or trust director;

(3) power of a settlor over a trust to the extent the settlor has a power to revoke the trust;

(4) power of a beneficiary over a trust to the extent the exercise or nonexercise of the power affects the beneficial interest of:

(A) the beneficiary; or

(B) the beneficial interest of another beneficiary represented by the beneficiary under sections 30-3822 to 30-3826 with respect to the exercise or nonexercise of the power;

(5) power over a trust if:

(A) the terms of the trust provide that the power is held in a nonfiduciary capacity; and

(B) the power must be held in a nonfiduciary capacity to achieve the settlor's tax objectives under the Internal Revenue Code of 1986 as defined in section 49-801.01 ; or

(6) power over a trust if:

(A) the terms of the trust provide that the power is held in a nonfiduciary capacity; and

(B) the power must be held in a nonfiduciary capacity to correct a mistake of the scrivener in order to conform the terms of the trust with the intention of a settlor. The correction must not reform the trust in any material respect.

(c) Unless the terms of a trust provide otherwise, a power granted to a person to designate a recipient of an ownership interest in or power of appointment over trust property which is exercisable while the person is not serving as a trustee is a power of appointment and not a power of direction.

Laws 2019, LB536, § 5;

Laws 2021, LB248, § 1.
Neb. Rev. Stat. § 38-2111 — NE Code / Chapter 71 / Section 38-2111
38-2111
Status: in_force

Certified social worker means a person who meets the standards established in subsection (2) of section 38-2128 and who holds a current certificate issued by the department.

Laws 1986, LB 286, § 9;

R.S.1943, (1990), § 71-1,252;

Laws 1993, LB 669, § 23;

R.S.1943, (2003), § 71-1,304;

Laws 2007, LB463, § 730.
Neb. Rev. Stat. § 38-1304 — NE Code / Chapter 38 / Section 38-1304
View Statute 38-1304
Status: in_force

Environmental health specialist means a person who by education and experience in the physical, biological, and sanitary sciences is qualified to carry out educational, investigational, and technical duties in the field of environmental sanitation.

Laws 2007, LB463, § 525.
Neb. Rev. Stat. § 13-2013.01 — NE Code / Chapter 13 / Section 13-2013.01
View Statute 13-2013.01
Status: in_force

Passenger tire equivalent of waste tires means twenty pounds of waste tire or processed waste tire.

Laws 2003, LB 143, § 3.
Neb. Rev. Stat. § 14-559 — NE Code / Chapter 14 / Section 14-559
View Statute 14-559
Status: in_force

All municipal taxes and all special assessments in cities of the metropolitan class shall be paid in cash. The city treasurer may sue for the recovery of any tax, in the name of city treasurer, or in the name of the city, and shall have all the rights of a creditor in such suits and in the enforcement of a judgment or decree.

Laws 1921, c. 116, art. IV, § 48, p. 492;

C.S.1922, § 3674;

C.S.1929, § 14-551;

R.S.1943, § 14-559;

Laws 2022, LB800, § 205.
Neb. Rev. Stat. § 28-399 — NE Code / Chapter 28 / Section 28-399
View Statute 28-399
Status: in_force

(1) A person commits the offense of assault of an unborn child in the third degree if he or she, during the commission of any criminal assault on a pregnant woman, recklessly causes serious bodily injury to her unborn child.

(2) Assault of an unborn child in the third degree is a Class I misdemeanor.

Laws 2006, LB 57, § 6.
Neb. Rev. Stat. § 66-502.01 — NE Code / Chapter 66 / Section 66-502.01
View Statute 66-502.01
Status: in_force

Any motor vehicle that is equipped with a cargo tank for the purpose of transporting motor vehicle fuel or diesel fuel shall be equipped with a suitable fuel supply tank and shall not have a fuel connection of any nature running from the cargo tank to the fuel supply tank or to the carburetor of such motor vehicle with which to draw fuel from the cargo tank.

Laws 1994, LB 1160, § 83.
Neb. Rev. Stat. § 69-1326 — NE Code / Chapter 69 / Section 69-1326
View Statute 69-1326
Status: in_force

Sections 69-1301 to 69-1329 shall not apply to any property that has been presumed abandoned or escheated under the laws of another state prior to December 25, 1969.

Laws 1969, c. 611, § 26, p. 2490;

Laws 1978, LB 859, § 1.
Neb. Rev. Stat. § 23-189 — NE Code / Chapter 23 / Section 23-189
View Statute 23-189
Status: in_force

A county ordinance may be proved by the certificate of the county clerk under the seal of the county. The adoption and publication of the ordinance shall be sufficiently proved by a certificate under the seal of the county, from the county clerk, showing (1) that such ordinance was adopted and (2) when and in what paper the ordinance was published or when, by whom, and where the ordinance was posted.

Laws 2009, LB532, § 3.
Neb. Rev. Stat. § 31-314 — NE Code / Chapter 31 / Section 31-314
View Statute 31-314
Status: in_force

The engineer, in estimating the benefits to lands, streets, highways, railroad property, rights-of-way, railroad beds, not traversed by the works and improvements, shall not consider what benefits will be derived by such lands after other ditches, improvements, or drainage plans shall be constructed, but only the benefits which will be derived by the construction of the aforesaid works and improvements as they afford drainage or an outlet for drainage, or protection from overflow or damage by water.

Laws 1905, c. 161, § 9, p. 614;

Laws 1909, c. 147, § 3, p. 510;

R.S.1913, § 1809;

C.S.1922, § 1756;

C.S.1929, § 31-413;

R.S.1943, § 31-314.

Engineer may estimate benefits before improvement is made. Nemaha Valley Drainage Dist. v. Marconnit, 90 Neb. 514, 134 N.W. 177 (1912).

Engineer may estimate benefits before improvement is made. Nemaha Valley Drainage Dist. v. Marconnit, 90 Neb. 514, 134 N.W. 177 (1912).

Lands of state held under contract for purchase are assessable, and sale for tax does not affect state's interest. Morehouse v. Elkhorn River Drainage Dist. No. 2, 90 Neb. 406, 133 N.W. 446 (1911).

Lands of state held under contract for purchase are assessable, and sale for tax does not affect state's interest. Morehouse v. Elkhorn River Drainage Dist. No. 2, 90 Neb. 406, 133 N.W. 446 (1911).
Neb. Rev. Stat. § 38-2808 — NE Code / Chapter 38 / Section 38-2808
View Statute 38-2808
Status: in_force

Board means the Board of Pharmacy.

Laws 2007, LB463, § 904.
Neb. Rev. Stat. § 30-2210 — NE Code / Chapter 30 / Section 30-2210
View Statute 30-2210
Status: in_force

Except as otherwise provided in this code, this code applies to (1) the affairs and estates of decedents, missing persons, and persons to be protected, domiciled in this state, (2) the property of nonresidents located in this state or property coming into the control of a fiduciary who is subject to the laws of this state, (3) incapacitated persons and minors in this state, except as provided in the Nebraska Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act, and (4) survivorship and related accounts in this state.

Laws 1974, LB 354, § 10, UPC § 1-301;

Laws 2003, LB 130, § 122;

Laws 2011, LB157, § 30.

Nebraska Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act, see section 30-3901 .
Neb. Rev. Stat. § 66-1822 — NE Code / Chapter 66 / Section 66-1822
View Statute 66-1822
Status: in_force

Any person who knowingly makes any false entry in the accounts, books of account, records, or memoranda kept by any jurisdictional utility, who knowingly destroys, mutilates, alters, or by any other means or device falsifies the record of any such account, book of accounts, record, or memorandum, who knowingly neglects or fails to make full, true, and correct entries in such account, book of accounts, record, or memorandum of all facts and transactions pertaining to such utility, or who knowingly makes any false statement required to be made to the commission, shall be guilty of a Class IV felony.

Laws 2003, LB 790, § 22.
Neb. Rev. Stat. § 2-2707 — NE Code / Chapter 2 / Section 2-2707
View Statute 2-2707
Status: in_force

The report of the official test required by section 2-2701 shall be published by the board and made available in the Biological Systems Engineering Department of the University of Nebraska and in such other places as may be designated by the board. All information pertaining to the official testing of a tractor shall be public record and available for inspection during normal business hours.

Laws 1963, c. 425, art. III, § 42, p. 1397;

R.R.S.1943, § 75-342;

Laws 1967, c. 480, § 7, p. 1488;

Laws 1971, LB 692, § 7;

Laws 1972, LB 1284, § 11;

Laws 1986, LB 768, § 10;

Laws 2012, LB907, § 3.
Neb. Rev. Stat. § 21-1963 — NE Code / Chapter 21 / Section 21-1963
View Statute 21-1963
Status: in_force

(a) Unless the articles or bylaws prohibit or limit proxy voting, a member may appoint a proxy to vote or otherwise act for the member by signing an appointment form either personally or by an attorney in fact.

(b) An appointment of a proxy is effective when received by the secretary or other officer or agent authorized to tabulate votes. An appointment is valid for eleven months unless a different period is expressly provided in the appointment form. No proxy shall be valid for more than three years from its date of execution.

(c) An appointment of a proxy is revocable by the member.

(d) The death or incapacity of the member appointing a proxy does not affect the right of the corporation to accept the proxy's authority unless notice of the death or incapacity is received by the secretary or other officer or agent authorized to tabulate votes before the proxy exercises authority under the appointment.

(e) Appointment of a proxy is revoked by the person appointing the proxy:

(1) Attending any meeting and voting in person; or

(2) Signing and delivering to the secretary or other officer or agent authorized to tabulate proxy votes either a writing stating that the appointment of the proxy is revoked or a subsequent appointment form.

(f) Subject to section 21-1966 and any express limitation on the proxy's authority appearing on the face of the appointment form, a corporation is entitled to accept the proxy's vote or other action as that of the member making the appointment.

Laws 1996, LB 681, § 63.
Neb. Rev. Stat. § 19-415 — NE Code / Chapter 19 / Section 19-415
View Statute 19-415
Status: in_force

(1) In cities under the commission plan of government containing at least forty thousand and less than four hundred thousand inhabitants as determined by the most recent federal decennial census or the most recent revised certified count by the United States Bureau of the Census, the city council shall consist of the mayor who shall be superintendent of the department of public affairs, one city council member to be superintendent of the department of accounts and finances, one city council member to be superintendent of the department of public safety, one city council member to be superintendent of the department of streets and public improvements, and one city council member to be superintendent of the department of parks and public property.

(2) In cities under the commission plan of government containing at least two thousand and less than forty thousand inhabitants as determined by the most recent federal decennial census or the most recent revised certified count by the United States Bureau of the Census, the city council shall consist of the mayor who shall be commissioner of the department of public affairs and public safety, one city council member to be commissioner of the department of streets, public improvements, and public property, one city council member to be commissioner of the department of public accounts and finances, one city council member to be commissioner of the department of public works, and one city council member to be commissioner of the department of parks and recreation.

(3) In all cities described in this section, the commissioner of the department of accounts and finances shall be vice president of the city council and shall, in the absence or inability of the mayor to serve, perform the duties of the mayor. In case of vacancy in the office of mayor by death or otherwise, the vacancy shall be filled as provided in section 32-568 .

Laws 1911, c. 24, § 12, p. 160;

R.S.1913, § 5299;

C.S.1922, § 4522;

Laws 1923, c. 141, § 8, p. 352;

C.S.1929, § 19-412;

R.S.1943, § 19-415;

Laws 1963, c. 89, § 1, p. 299;

Laws 1969, c. 112, § 6, p. 523;

Laws 1979, LB 80, § 45;

Laws 1979, LB 281, § 4;

Laws 1994, LB 76, § 514;

Laws 2017, LB113, § 25;

Laws 2019, LB193, § 20;

Laws 2022, LB800, § 329;

Laws 2022, LB820, § 4.
Neb. Rev. Stat. § 66-1344.01 — NE Code / Chapter 66 / Section 66-1344.01
View Statute 66-1344.01
Status: in_force

The Tax Commissioner and the producer eligible to receive credits under subsection (2) of section 66-1344 shall enter into a written agreement. The producer shall agree to produce ethanol at the designated facility and any expansion thereof. The Tax Commissioner, on behalf of the State of Nebraska, shall agree to furnish the producer the tax credits as provided by and limited in section 66-1344 in effect on the date of the agreement. The agreement to produce ethanol in return for the credits shall be sufficient consideration, and the agreement shall be binding upon the state. No credit shall be given to any producer of ethanol which fails to produce ethanol in Nebraska in compliance with the agreement. The agreement shall include:

(1) The name of the producer;

(2) The address of the ethanol facility;

(3) The date of the initial eligibility of the ethanol facility to receive such credits;

(4) The name plate design capacity of the ethanol facility as of the date of its initial eligibility to receive such credits; and

(5) The name plate design capacity which the facility is intended to have after the completion of any proposed expansion. If no expansion is contemplated at the time of the initial agreement, the agreement may be amended to include any proposed expansion.

The Tax Commissioner shall not accept any applications for new agreements on or after April 16, 2004.

Laws 2001, LB 536, § 7;

Laws 2004, LB 479, § 6;

Laws 2004, LB 1065, § 6.
Neb. Rev. Stat. § 48-146.03 — NE Code / Chapter 48 / Section 48-146.03
View Statute 48-146.03
Status: in_force

(1) Each workers' compensation insurance policy issued by an insurer pursuant to the Nebraska Workers' Compensation Act:

(a) Shall offer, at the option of the insured employer, a deductible for medical benefits in the amount of five hundred dollars to two thousand five hundred dollars per claim in increments of five hundred dollars; or

(b) May offer, at the option of the insured employer and the workers' compensation insurer, a deductible for all amounts paid by the insurer as long as the deductible is not more than forty percent of the insured employer's otherwise applicable annual workers' compensation insurance premium at rates approved for the insurer but not less than fifty thousand dollars.

The insured employer, if choosing to exercise one of such options listed in this subsection, may choose only one of the amounts as the deductible. The provisions of this section shall be fully disclosed to each prospective purchaser in writing.

(2) The deductible form shall provide that the workers' compensation insurer shall remain liable for and shall pay the entire cost of medical benefits for each claim directly to the medical provider, shall remain liable for and pay the entire cost of benefits, claims, and expenses as required by the policy irrespective of the deductible provision, and shall then be reimbursed by the employer for any deductible amounts paid by the workers' compensation insurer. The employer shall be liable for reimbursement up to the limit of the deductible.

(3) A workers' compensation insurer shall not be required to offer a deductible if, as a result of a credit investigation, the insurer determines that the employer does not have the financial ability to be responsible for the payment of deductible amounts.

(4) A workers' compensation insurer shall service and, if necessary, defend all claims that arise during the policy period, including those claims payable in whole or in part from the deductible amount, and shall make such reports to the compensation court of payments made, including payments made under the deductible provisions, as may be required by the compensation court.

(5) A person who is employed by a policyholder which chooses to exercise the option of a deductible policy shall not be required to pay any of the deductible amount, and any such policyholder shall not require or attempt to require the employee to give up his or her right of selection of physician set out in section 48-120 . Any violation of this subsection shall be a Class II misdemeanor.

Laws 1990, LB 313, § 2;

Laws 1992, LB 1006, § 94;

Laws 2005, LB 238, § 12.
Neb. Rev. Stat. § 21-2115 — NE Code / Chapter 21 / Section 21-2115
View Statute 21-2115
Status: in_force

A corporation shall keep, in addition to the books and records required by the Nebraska Model Business Corporation Act, a record showing the names and addresses of all members of the corporation and the current status of loans made by each to the corporation. Members shall have the same rights with respect to all books and records as are given to shareholders in the Nebraska Model Business Corporation Act.

Laws 1967, c. 100, § 15, p. 308;

Laws 1995, LB 109, § 207;

Laws 2014, LB749, § 269.

Nebraska Model Business Corporation Act, see section 21-201 .
Neb. Rev. Stat. § 8-169 — NE Code / Chapter 8 / Section 8-169
View Statute 8-169
Status: in_force

Any bank that fails, neglects, or refuses to make or furnish any report or any published statement required by the Nebraska Banking Act shall pay to the department a penalty of fifty dollars for each day such failure shall continue, unless the director shall extend the time for filing such report.

Laws 1909, c. 10, § 20, p. 76;

R.S.1913, § 299;

Laws 1919, c. 190, tit. V, art. XVI, § 20, p. 693;

C.S.1922, § 8001;

C.S.1929, § 8-132;

Laws 1933, c. 18, § 22, p. 146;

C.S.Supp.,1941, § 8-132;

R.S.1943, § 8-134;

R.R.S.1943, § 8-134;

Laws 1963, c. 29, § 59, p. 162;

Laws 1973, LB 164, § 18;

Laws 1998, LB 1321, § 14;

Laws 2017, LB140, § 67.

This section is referred to as providing penalty in contrasting this section with another section of the banking act which failed to provide a penalty, and holding that the failure to provide a penalty disclosed legislative intent that statute should be directory rather than mandatory. State ex rel. Davis v. Farmers State Bank of Winside, 112 Neb. 597, 200 N.W. 173 (1924).

This section is referred to as providing penalty in contrasting this section with another section of the banking act which failed to provide a penalty, and holding that the failure to provide a penalty disclosed legislative intent that statute should be directory rather than mandatory. State ex rel. Davis v. Farmers State Bank of Winside, 112 Neb. 597, 200 N.W. 173 (1924).
Neb. Rev. Stat. § 20-167 — NE Code / Chapter 20 / Section 20-167
View Statute 20-167
Status: in_force

It is the intent of the Legislature that no person should be discriminated against on the basis of having taken a human immunodeficiency virus antibody or antigen test.

Each agency of state government shall examine policies and practices within its jurisdiction that may intentionally or unintentionally result in discrimination against a person who has taken a human immunodeficiency virus antibody or antigen test or who has been diagnosed as having acquired immunodeficiency syndrome or acquired immunodeficiency syndrome related complex to ascertain the extent and types of discrimination that may exist. Each agency shall identify proposed changes in statutes or agency rules and regulations to remedy discrimination. Each agency shall report its findings to the Legislature on or before December 1, 1988.

Laws 1988, LB 1012, § 13.
Neb. Rev. Stat. § 12-511 — NE Code / Chapter 12 / Section 12-511
View Statute 12-511
Status: in_force

The perpetual care funds and perpetual special care trusts shall be used and administered solely for cemetery purposes, and shall be subject to the rules prescribed by the association. They shall be exempt from taxation, execution, attachment or any other claim, lien or process whatever, if used for the purpose hereinbefore stated, and not for profit. The perpetual care funds and perpetual special care trusts authorized by section 12-510 are hereby expressly permitted and shall be deemed to be for charitable and benevolent uses. Such contributions are a provision for the discharge of a duty due from the persons contributing to the person or persons interred or to be interred in the cemetery, and likewise a provision for the benefit and protection of the public by aiding to preserve, beautify and keep cemeteries from becoming unkempt and places of reproach and desolation in the communities in which they are situated.

Laws 1941, c. 18, § 1, p. 105;

C.S.Supp.,1941, § 13-505;

R.S.1943, § 12-511.

This section deals with the subject of specific gifts for special purposes. Root v. Morning View Cemetery Assn., 174 Neb. 438, 118 N.W.2d 633 (1962).

This section deals with the subject of specific gifts for special purposes. Root v. Morning View Cemetery Assn., 174 Neb. 438, 118 N.W.2d 633 (1962).

The fact that Nebraska law defined bequest in favor of nonprofit cemetery as charitable did not necessarily mean that bequest was deductible for federal estate tax purposes. First Nat. Bank of Omaha v. United States, 532 F.Supp. 251 (D. Neb. 1981).

The fact that Nebraska law defined bequest in favor of nonprofit cemetery as charitable did not necessarily mean that bequest was deductible for federal estate tax purposes. First Nat. Bank of Omaha v. United States, 532 F.Supp. 251 (D. Neb. 1981).