FrankGoortani/open-us-law huggingface dataset:
Neb. Rev. Stat. § 1-125.02 — NE Code / Chapter 1 / Section 1-125.02
View Statute 1-125.02
Status: in_force

(1) The board may, in its discretion, grant a person who holds a certificate, degree, or license in a foreign country constituting a recognized qualification for the practice of public accountancy in such country, and who does not hold a certificate or permit issued by this state or any other state and whose principal place of business is outside this state, the privilege to temporarily practice in this state on professional business incident to his or her regular practice outside this state, if such privilege to temporarily practice is conducted in conformity with the rules and regulations of the board.

(2) Any person of another country exercising the temporary practice privilege granted under this section and any partnership, limited liability company, or other allowed entity of certified public accountants which employ that person hereby simultaneously consent, as a condition of the grant of the temporary practice privilege:

(a) To the personal and subject-matter jurisdiction and disciplinary authority of the board;

(b) To comply with the Public Accountancy Act and the rules and regulations adopted and promulgated under the act;

(c) That in the event the authorization to engage in the practice of public accountancy in the country of the person's principal place of business is no longer valid, the person will cease offering or rendering professional services in this state individually and on behalf of the person's partnership, limited liability company, or other allowed entity of certified public accountants; and

(d) To the appointment of the board as his or her agent upon whom process may be served in any action or proceeding by the board against the person.

(3) The temporary practice privilege afforded under this section or any other section shall not be interpreted to prevent any governmental body from requiring that public accounting services performed for a governmental body or for an entity regulated by a governmental body be performed by a person or firm who holds a permit issued under section 1-136 .

(4) Any person who has been granted the temporary practice privilege afforded under this section and who, for any entity with its home office in this state, performs attestation services, may only do so through a firm or affiliated entity which holds a permit issued under section 1-136 .

(5) Any person who has been granted the temporary practice privilege afforded under this section shall use only the title or designation under which he or she is generally known in his or her own country, followed by the name of his or her foreign country.

(6) The board shall charge each person who has been granted the temporary practice privilege afforded under this section a fee as established by the board not to exceed fifty dollars.

Laws 2009, LB31, § 13.
Neb. Rev. Stat. § 58-269 — NE Code / Chapter 58 / Section 58-269
View Statute 58-269
Status: in_force

The bonds issued by and under the authority of the Nebraska Investment Finance Authority Act by the authority are declared to be legal investments in which all public officers or public bodies of this state, its political subdivisions, all municipalities and municipal subdivisions, all insurance companies and associations and other persons carrying on insurance business, all banks, bankers, banking associations, trust companies, savings associations, savings and loan associations, building and loan associations, investment companies, and other persons carrying on a banking business, all administrators, guardians, executors, trustees, personal representatives, and other fiduciaries, and all other persons who are now or may later be authorized to invest in bonds or in other obligations of this state may invest funds, including capital, in their control or belonging to them. Such bonds are also hereby made securities which may be deposited with and received by all public officers and bodies of this state, any agency or political subdivision of this state, and all municipalities and public corporations for any purpose for which the deposit of bonds or other obligations of this state is now or may be later authorized by law.

Laws 1983, LB 626, § 69;

Laws 1991, LB 253, § 66.
Neb. Rev. Stat. § 21-165 — NE Code / Chapter 21 / Section 21-165
View Statute 21-165
Status: in_force

(RULLCA 902) A member may maintain a derivative action to enforce a right of a limited liability company if:

(1) the member first makes a demand on the other members in a member-managed limited liability company, or the managers of a manager-managed limited liability company, requesting that they cause the company to bring an action to enforce the right, and the managers or other members do not bring the action within a reasonable time; or

(2) a demand under subdivision (1) of this section would be futile.

Laws 2010, LB888, § 65.

This section allows for a derivative action if the member of a limited liability company makes a demand upon the manager of the limited liability company to institute the action unless such demand would be futile. Klingelhoefer v. Parker, Grossart, 20 Neb. App. 825, 834 N.W.2d 249 (2013).

This section allows for a derivative action if the member of a limited liability company makes a demand upon the manager of the limited liability company to institute the action unless such demand would be futile. Klingelhoefer v. Parker, Grossart, 20 Neb. App. 825, 834 N.W.2d 249 (2013).
Neb. Rev. Stat. § 37-1005 — NE Code / Chapter 37 / Section 37-1005
View Statute 37-1005
Status: in_force

Administrative costs for the administration of the Trail Development Assistance Fund shall not exceed five percent of the appropriation authorized by the Legislature. The Game and Parks Commission may adopt and promulgate rules and regulations to carry out the Trail Development Assistance Act.

Laws 1991, LB 714, § 5;

R.S.1943, (1993), § 37-1505;

Laws 1998, LB 922, § 380.

Termination Date: January 1, 2010
Neb. Rev. Stat. § 37-105 — NE Code / Chapter 37 / Section 37-105
View Statute 37-105
Status: in_force

The members of the Game and Parks Commission, other than the secretary, shall be reimbursed for expenses incurred in the discharge of their official duties as provided in sections 81-1174 to 81-1177 and shall be allowed a per diem of thirty-five dollars for days actually away from home on business of the commission, not exceeding forty-five days in any one year.

Laws 1929, c. 113, § 4, p. 444;

C.S.1929, § 81-6504;

Laws 1933, c. 96, § 17, p. 396;

Laws 1941, c. 180, § 7, p. 704;

C.S.Supp.,1941, § 81-6504;

R.S.1943, § 81-804;

Laws 1947, c. 315, § 3, p. 954;

Laws 1967, c. 584, § 1, p. 1973;

Laws 1977, LB 482, § 1;

Laws 1981, LB 204, § 172;

Laws 1988, LB 864, § 13;

R.S.1943, (1996), § 81-804;

Laws 1998, LB 922, § 5;

Laws 2020, LB381, § 26.
Neb. Rev. Stat. § 58-512 — NE Code / Chapter 58 / Section 58-512
View Statute 58-512
Status: in_force

The powers conferred by the Nebraska Redevelopment Act shall be in addition and supplemental to the powers conferred by any other law and shall be independent of and in addition to any other provision of the laws of the state with reference to the matters covered thereby and shall be considered as a complete and independent act and not as amendatory of or limited by any other provisions of the laws of the state. The act and all grants of power, authority, rights, or discretion made to a city and to a contracting public body shall be liberally construed, and all incidental powers necessary to carry into effect the provisions of the act are expressly granted to and conferred upon a city or a contracting public body.

Laws 1995, LB 830, § 12.
Neb. Rev. Stat. § 45-189 — NE Code / Chapter 45 / Section 45-189
View Statute 45-189
Status: in_force

The Legislature finds that:

(1) Many professional groups are presently licensed or otherwise regulated by the State of Nebraska in the interest of public protection;

(2) Certain questionable business practices, such as the collection of an advance fee prior to the performance of the service, misleads the public;

(3) Such practices are avoided by many professional groups and many professional groups are regulated by the state to restrict practices which tend to mislead or deceive the public;

(4) Loan brokers in Nebraska have engaged in the practice of collecting an advance fee from borrowers in consideration for attempting to procure a loan of money;

(5) Such practice, as well as others, by loan brokers has led the public to believe that the loan broker has agreed to procure a loan for the borrower when in fact the loan broker has merely promised to attempt to procure a loan; and

(6) Regulation of loan brokers by the state, in similar fashion to that of other professions, is necessary in order to protect the public welfare and to promote the use of fair and equitable business practices.

Laws 1981, LB 154, § 1;

Laws 2011, LB75, § 2.
Neb. Rev. Stat. § 54-2320 — NE Code / Chapter 54 / Section 54-2320
View Statute 54-2320
Status: in_force

The department may assess and collect costs and fees for services provided, fees assessed, and expenses incurred pursuant to its responsibilities under the Domesticated Cervine Animal Act. All costs and fees assessed and collected pursuant to the act shall be remitted to the State Treasurer for credit to the Domesticated Cervine Animal Cash Fund, which fund is hereby created. The fund shall be utilized by the department for the purpose of carrying out the act. 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 1999, LB 404, § 19;

Laws 2016, LB909, § 11.

Nebraska Capital Expansion Act, see section 72-1269 .

Nebraska State Funds Investment Act, see section 72-1260 .
Neb. Rev. Stat. § 71-423 — NE Code / Chapter 71 / Section 71-423
View Statute 71-423
Status: in_force

Mental health substance use treatment center means a facility where shelter, food, and counseling, supervision, diagnosis, treatment, care, rehabilitation, assessment, or related services professionally directed are provided for a period of more than twenty-four consecutive hours to persons residing at such facility who have a mental illness or substance use disorder or both, with the intention of reducing or ameliorating the disorder or disorders or the effects of the disorder or disorders.

Laws 2000, LB 819, § 23;

Laws 2018, LB1034, § 53.
Neb. Rev. Stat. § 23-243 — NE Code / Chapter 23 / Section 23-243
View Statute 23-243
Status: in_force

If any person chosen or appointed to any town office shall neglect to take or subscribe such oath, and cause a certificate thereof to be filed as above required, such neglect shall be deemed to be a refusal to serve.

Laws 1895, c. 28, § 41, p. 143;

R.S.1913, § 1027;

C.S.1922, § 929;

C.S.1929, § 26-243;

R.S.1943, § 23-243.

Neglect of road overseer to comply with this section may be deemed refusal by him to serve in that capacity. State ex rel. Luckey v. Weber, 124 Neb. 84, 245 N.W. 407 (1932).

Neglect of road overseer to comply with this section may be deemed refusal by him to serve in that capacity. State ex rel. Luckey v. Weber, 124 Neb. 84, 245 N.W. 407 (1932).
Neb. Rev. Stat. § 67-288 — NE Code / Chapter 67 / Section 67-288
View Statute 67-288
Status: in_force

A limited partner or an assignee of a limited partner may bring an action in the name of a limited partnership to recover a judgment in its favor if general partners with authority to do so have refused to bring the action or if an effort to cause those general partners to bring the action is not likely to succeed.

Laws 1981, LB 272, § 56;

Laws 1989, LB 482, § 58.
Neb. Rev. Stat. § 60-602 — NE Code / Chapter 60 / Section 60-602
View Statute 60-602
Status: in_force

The purposes and policies of the Nebraska Rules of the Road are:

(1) To make more uniform highway traffic laws between states;

(2) To educate drivers so that they can develop instinctive habits resulting in safer emergency reactions;

(3) To educate drivers and pedestrians of all ages to more readily understand each other's responsibilities and privileges when all obey the same rules;

(4) To promote economic savings by relieving congestion and confusion in traffic;

(5) To increase the efficiency of streets and highways by the application of uniform traffic control devices;

(6) To reduce the huge annual loss of life and property which occurs on Nebraska's highways; and

(7) To assist traffic law enforcement by encouraging voluntary compliance with law through uniform rules.

Laws 1973, LB 45, § 1;

R.S.1943, (1988), § 39-601;

Laws 1993, LB 370, § 98.
Neb. Rev. Stat. § 38-618 — NE Code / Chapter 71 / Section 38-618
38-618
Status: in_force

Nothing in the Certified Nurse Midwifery Practice Act shall be interpreted to permit independent practice.

Laws 1984, LB 761, § 26;

R.S.1943, (2003), § 71-1763;

Laws 2007, LB463, § 230.
Neb. Rev. Stat. § 25-1336 — NE Code / Chapter 25 / Section 25-1336
View Statute 25-1336
Status: in_force

Should it appear to the satisfaction of the court at any time that any of the affidavits presented pursuant to sections 25-1330 to 25-1336 are presented in bad faith or solely for the purpose of delay, the court shall forthwith order the party employing them to pay to the other party the amount of the reasonable expenses which the filing of the affidavits caused him to incur, including reasonable attorney's fees, and any offending party or attorney may be adjudged guilty of contempt.

Laws 1951, c. 65, § 7, p. 200.
Neb. Rev. Stat. § 2-4117 — NE Code / Chapter 2 / Section 2-4117
View Statute 2-4117
Status: in_force

The commission shall not be authorized to set up research or development units or agencies of its own, but shall limit its activity to cooperation and contracts with the Department of Agriculture, University of Nebraska Institute of Agriculture and Natural Resources, or other proper local, state, or national organizations, public or private, in carrying out the Dry Pea and Lentil Resources Act.

Laws 2020, LB803, § 17.
Neb. Rev. Stat. § 60-1416 — NE Code / Chapter 60 / Section 60-1416
View Statute 60-1416
Status: in_force

Any person acting as a motor vehicle dealer, trailer dealer, wrecker or salvage dealer, motorcycle dealer, auction dealer, dealer's agent, manufacturer, factory representative, distributor, or distributor representative without having first obtained the license provided in section 60-1406 is guilty of a Class IV felony and is subject to the civil penalty provisions of section 60-1411.02 .

Laws 1957, c. 280, § 16, p. 1023;

Laws 1963, c. 365, § 12, p. 1178;

Laws 1971, LB 768, § 19;

Laws 1974, LB 754, § 13;

Laws 1977, LB 39, § 95;

Laws 1984, LB 825, § 26;

Laws 1989, LB 47, § 1;

Laws 1995, LB 564, § 8;

Laws 2003, LB 498, § 10;

Laws 2017, LB346, § 11.

Mens rea is not required to convict a person for acting without a license under this section because the offense is a public welfare offense. State v. Merchant, 285 Neb. 456, 827 N.W.2d 473 (2013).

Mens rea is not required to convict a person for acting without a license under this section because the offense is a public welfare offense. State v. Merchant, 285 Neb. 456, 827 N.W.2d 473 (2013).
Neb. Rev. Stat. § 2-3408 — NE Code / Chapter 2 / Section 2-3408
View Statute 2-3408
Status: in_force

(1) There shall be paid to the director a fee of not to exceed five cents per case upon all commercial eggs sold through commercial channels to carry out the intent and purposes of sections 2-3401 to 2-3416 . The fee for commercial eggs produced in this state shall be paid by the egg producer who owns the eggs and shall be collected and remitted to the director by the first purchaser. The fee for commercial eggs produced outside of this state and sold in this state to retailers, wholesalers, distributors, or food purveyors shall be paid to the director by the person importing such eggs into the state. Under the provisions of sections 2-3401 to 2-3416 , no eggs shall be subject to the fee more than once.

(2) There shall be paid to the director a fee of not to exceed three cents per turkey grown in the State of Nebraska and sold through commercial channels. The fee shall be paid by the turkey producer and shall be collected by the first purchaser. Under the provisions of sections 2-3401 to 2-3416 , no turkeys shall be subject to the fee more than once.

(3) The director may, subject to the approval of a majority of the members of the advisory committee, whenever he or she determines that the fees provided by this section are yielding more than is required to carry out the intent and purposes of sections 2-3401 to 2-3416 , reduce such fees for such period as the director shall deem justified. In the event that the director, after reducing such fees, finds that sufficient revenue is not being produced by such reduced fees, he or she may restore in full or in part such fees to such rates as will in his or her judgment produce sufficient revenue to carry out the intent and purposes of sections 2-3401 to 2-3416 .

Laws 1976, LB 514, § 8;

Laws 1984, LB 991, § 2.
Neb. Rev. Stat. § 43-702 — NE Code / Chapter 43 / Section 43-702
View Statute 43-702
Status: in_force

Persons or courts charged with the care of dependent and delinquent children who place out or give the care and custody of any child to any person or association shall keep and preserve such records as may be prescribed by the Department of Health and Human Services. The records shall be reported to the department on the first day of each month and shall include the (1) full name and actual or apparent age of such child, (2) names and residence of the child's parents, so far as known, and (3) name and residence of the person or association with whom such child is placed. If such person or court subsequently removes the child from the custody of the person or association with whom the child was placed, the fact of the removal and disposition of the child shall be entered upon such record.

Laws 1919, c. 190, tit. VI, art. II, div. XI, § 2, p. 789;

C.S.1922, § 8266;

C.S.1929, § 71-2602;

R.S.1943, § 71-802;

Laws 1945, c. 170, § 2, p. 545;

Laws 1961, c. 204, § 6, p. 614;

Laws 1989, LB 22, § 5;

Laws 1996, LB 1044, § 176;

Laws 1997, LB 307, § 71.
Neb. Rev. Stat. § 23-3525 — NE Code / Chapter 23 / Section 23-3525
23-3525
Status: in_force

Costs and fees collected for care and services rendered by a county hospital or a hospital district hospital shall be deposited in a fund for the exclusive use by the appropriate county hospital or hospital district for the maintenance, operation, and improvement of the hospital.

Laws 1971, LB 908, § 6;

R.S.1943, (1987), § 23-343.73;

Laws 2012, LB995, § 11.
Neb. Rev. Stat. § 30-3884 — NE Code / Chapter 8 / Section 30-3884
30-3884
Status: in_force

(a) A trustee shall invest and manage trust assets as a prudent investor would, by considering the purposes, terms, distribution requirements, and other circumstances of the trust. In satisfying this standard, the trustee shall exercise reasonable care, skill, and caution.

(b) A trustee's investment and management decisions respecting individual assets must be evaluated not in isolation but in the context of the trust portfolio as a whole and as a part of an overall investment strategy having risk and return objectives reasonably suited to the trust.

(c) Among circumstances that a trustee shall consider in investing and managing trust assets are such of the following as are relevant to the trust or its beneficiaries:

(1) General economic conditions;

(2) The possible effect of inflation or deflation;

(3) The expected tax consequences of investment decisions or strategies;

(4) The role that each investment or course of action plays within the overall trust portfolio, which may include financial assets, interests in closely held enterprises, tangible and intangible personal property, and real property;

(5) The expected total return from income and the appreciation of capital;

(6) Other resources of the beneficiaries;

(7) Needs for liquidity, regularity of income, and preservation or appreciation of capital; and

(8) An asset's special relationship or special value, if any, to the purposes of the trust or to one or more of the beneficiaries.

(d) A trustee shall make a reasonable effort to verify facts relevant to the investment and management of trust assets.

(e) A trustee may invest in any kind of property or type of investment consistent with the standards of the prudent investor rule set forth in sections 30-3883 to 30-3889 .

Laws 1997, LB 54, § 3;

R.S.1943, (1997), § 8-2203;

Laws 2003, LB 130, § 84.
Neb. Rev. Stat. § 13-313 — NE Code / Chapter 18 / Section 13-313
13-313
Status: in_force

The failure of any county clerk, city clerk, clerk of a political subdivision, except any city of the metropolitan class, or any other person upon whom the duty is imposed by law to mail a copy of a published notice as provided in sections 13-310 to 13-314 shall invalidate the assessment against the property involved while permitting all other assessments and procedures to be lawful.

Laws 1973, LB 344, § 4;

Laws 1974, LB 655, § 4;

R.S.1943, (1983), § 18-1219.
Neb. Rev. Stat. § 68-1718 — NE Code / Chapter 68 / Section 68-1718
View Statute 68-1718
Status: in_force

(1) At the time an individual or a family applies for financial assistance pursuant to section 43-512 , an assessment shall be conducted. Eligibility determination shall begin with a comprehensive assets assessment, in which the applicant and case manager collaborate to identify the economic and personal resources available to the applicant. Each applicant shall work with only one case manager who shall facilitate all service provision.

(2) Each applicant's personal resources shall be assessed in the comprehensive assets assessment. For purposes of this section, personal resources shall include education, vocational skills, employment history, health, life skills, personal strengths, and support from family and the community. This assessment shall also include a determination of the applicant's goals, employment background, educational background, housing needs, child care and transportation needs, health care needs, and other barriers to economic self-sufficiency.

(3) The comprehensive assets assessment shall structure personal resources information and control subjectivity. The assessment shall be used:

(a) To develop a self-sufficiency contract under section 68-1719 and promote services which specifically lead to self-sufficiency; and

(b) To determine if the applicant should be referred to other community resources for assistance.

(4) Periodic assessments, including an exit assessment prior to implementation of the time limit on cash assistance as provided in section 68-1724 , shall be conducted with recipients to establish if the terms of the self-sufficiency contract have been met by the recipient family and by the state.

Laws 1994, LB 1224, § 18;

Laws 1997, LB 864, § 14;

Laws 2007, LB351, § 7.