FrankGoortani/open-us-law huggingface dataset:
Neb. Rev. Stat. § 61-305 — NE Code / Chapter 61 / Section 61-305
View Statute 61-305
Status: in_force

(1) The Perkins County Canal Project Fund is created. The fund shall be administered by the Department of Water, Energy, and Environment. The State Treasurer shall credit to the fund any money transferred by the Legislature and such grants, loans, donations, gifts, bequests, or other money received from any federal or state agency or public or private source for use by the department for the canal project. Any fees collected for water delivery may be credited to the fund. Any money in the Perkins County Canal Project 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. Prior to July 1, 2025, any investment earnings from investment of money in the Perkins County Canal Project Fund shall be credited to such fund, except that for fiscal years 2023-24 and 2024-25, such investment earnings shall be credited as provided in section 84-622 . Beginning July 1, 2025, any investment earnings from investment of money in the fund shall be credited to the General Fund.

(2)(a) The department shall use the Perkins County Canal Project Fund to identify the optimal route and purchase land for and develop, construct, manage, and operate the Perkins County Canal as outlined by the South Platte River Compact and to contract with an independent firm for the purposes of completing a study of such canal. The study shall include, but may not be limited to, the following:

(i) Costs of completion of a canal and adjoining reservoirs as outlined in the South Platte River Compact;

(ii) A timeline for completion of a canal and adjoining reservoirs as outlined in the South Platte River Compact;

(iii) A cost-effectiveness study examining alternatives, including alternatives that may reduce environmental or financial impacts; and

(iv) The impacts of the canal on drinking water supplies for the cities of Lincoln and Omaha.

(b) The department shall provide the findings of such study electronically to the Clerk of the Legislature and present the findings at a public hearing held by the Appropriations Committee of the Legislature on or before December 31, 2022.

Laws 2022, LB1012, § 4;

Laws 2023, LB531, § 25;

Laws 2023, LB818, § 14;

Laws 2024, LB164, § 14;

Laws 2025, LB264, § 144;

Laws 2025, LB317, § 347.

Nebraska Capital Expansion Act, see section 72-1269 .

Nebraska State Funds Investment Act, see section 72-1260 .
Neb. Rev. Stat. § 30-3212 — NE Code / Chapter 24 / Section 30-3212
30-3212
Status: in_force

A corporation acting as one of two or more fiduciaries, with the consent of its cofiduciary or cofiduciaries, who are hereby authorized to give such consent, may register a security held by said fiduciaries in the name of its nominee, subject in all respects to the requirements, provisions and liabilities set forth in section 30-3211 .

Laws 1947, c. 80, § 2, p. 254;

R.S.1943, (1985), § 24-605.
Neb. Rev. Stat. § 43-2717 — NE Code / Chapter 43 / Section 43-2717
View Statute 43-2717
Status: in_force

A third person in good faith and without court order may act on the instructions of or otherwise deal with any person purporting to make a transfer or purporting to act in the capacity of a custodian and, in the absence of knowledge, is not responsible for determining:

(1) The validity of the purported custodian's designation;

(2) The propriety of or the authority under the Nebraska Uniform Transfers to Minors Act for any act of the purported custodian;

(3) The validity or propriety under the Nebraska Uniform Transfers to Minors Act of any instrument or instructions executed or given either by the person purporting to make a transfer or by the purported custodian; or

(4) The propriety of the application of any property of the minor delivered to the purported custodian.

Laws 1992, LB 907, § 17.
Neb. Rev. Stat. § 43-1246 — NE Code / Chapter 43 / Section 43-1246
View Statute 43-1246
Status: in_force

(a) Subject to local law providing for the confidentiality of procedures, addresses, and other identifying information, in a child custody proceeding, each party, in its first pleading or in an attached affidavit, shall give information, if reasonably ascertainable, under oath as to the child's present address or whereabouts, the places where the child has lived during the last five years, and the names and present addresses of the persons with whom the child has lived during that period. The pleading or affidavit shall state whether the party:

(1) has participated, as a party or witness or in any other capacity, in any other proceeding concerning the custody of or visitation with the child and, if so, identify the court, the case number, and the date of the child custody determination, if any;

(2) knows of any proceeding that could affect the current proceeding, including proceedings for enforcement and proceedings relating to domestic violence, protective orders, termination of parental rights, and adoptions, and, if so, identify the court, the case number, and the nature of the proceeding; and

(3) knows the names and addresses of any person not a party to the proceeding who has physical custody of the child or claims rights of legal custody or physical custody of, or visitation with, the child and, if so, the names and addresses of those persons.

(b) If the information required by subsection (a) of this section is not furnished, the court, upon motion of a party or its own motion, may stay the proceeding until the information is furnished.

(c) If the declaration as to any of the items described in subdivisions (a)(1) through (a)(3) of this section is in the affirmative, the declarant shall give additional information under oath as required by the court. The court may examine the parties under oath as to details of the information furnished and other matters pertinent to the court's jurisdiction and the disposition of the case.

(d) Each party has a continuing duty to inform the court of any proceeding in this or any other state that could affect the current proceeding.

(e) If a party alleges in an affidavit or a pleading under oath that the health, safety, or liberty of a party or child would be jeopardized by disclosure of identifying information, the information shall be sealed and may not be disclosed to the other party or the public unless the court orders the disclosure to be made after a hearing in which the court takes into consideration the health, safety, or liberty of the party or child and determines that the disclosure is in the interest of justice.

Laws 2003, LB 148, § 21.
Neb. Rev. Stat. § 30-2343 — NE Code / Chapter 30 / Section 30-2343
View Statute 30-2343
Status: in_force

If a devisee related to the testator in any degree of kinship is dead at the time of execution of the will, fails to survive the testator, or is treated as if he predeceased the testator, the issue of the deceased devisee who survive the testator by one hundred twenty hours take in place of the deceased devisee and if they are all of the same degree of kinship to the devisee they take equally, but if of unequal degree then those of more remote degree take by representation. One who would have been a devisee under a class gift if he had survived the testator is treated as a devisee for purposes of this section whether his death occurred before or after the execution of the will.

Laws 1974, LB 354, § 65, UPC § 2-605.

Nothing in this section or subsection (b) of section 30-2344 places any limitation upon the estate which passes to the issue of a deceased devisee by operation of this section. In re Estate of Eickmeyer, 262 Neb. 17, 628 N.W.2d 246 (2001).

Nothing in this section or subsection (b) of section 30-2344 places any limitation upon the estate which passes to the issue of a deceased devisee by operation of this section. In re Estate of Eickmeyer, 262 Neb. 17, 628 N.W.2d 246 (2001).
Neb. Rev. Stat. § 43-3323 — NE Code / Chapter 43 / Section 43-3323
View Statute 43-3323
Status: in_force

The department shall adopt and promulgate rules and regulations to carry out the License Suspension Act.

Laws 1997, LB 752, § 23;

Laws 2007, LB296, § 159.
Neb. Rev. Stat. § 60-1401.10 — NE Code / Chapter 60 / Section 60-1401.10
View Statute 60-1401.10
Status: in_force

Consumer care means the performance, for the public, of necessary maintenance and repairs to motor vehicles.

Laws 2010, LB816, § 22.
Neb. Rev. Stat. § 30-4019 — NE Code / Chapter 30 / Section 30-4019
View Statute 30-4019
Status: in_force

(1) For purposes of this section and section 30-4020 , acknowledged means purportedly verified before a notary public or other individual authorized to take acknowledgments.

(2) A person that in good faith accepts an acknowledged power of attorney without actual knowledge that the signature is not genuine may rely upon the presumption under section 30-4005 that the signature is genuine.

(3) A person that in good faith accepts an acknowledged power of attorney without actual knowledge that the power of attorney is void, invalid, or terminated, that the purported agent's authority is void, invalid, or terminated, or that the agent is exceeding or improperly exercising the agent's authority may rely upon the power of attorney as if the power of attorney were genuine, valid, and still in effect, the agent's authority were genuine, valid, and still in effect, and the agent had not exceeded and had properly exercised the authority.

(4) A person that is asked to accept an acknowledged power of attorney may request, and rely upon, without further investigation:

(a) An agent's certification under penalty of perjury of any factual matter concerning the principal, agent, or power of attorney;

(b) An English translation of the power of attorney if the power of attorney contains, in whole or in part, language other than English; and

(c) An opinion of counsel as to any matter of law concerning the power of attorney if the person making the request provides in a writing or other record the reason for the request.

(5) An English translation or an opinion of counsel requested under this section must be provided at the principal's expense unless the request is made more than seven business days after the power of attorney is presented for acceptance.

(6) For purposes of this section and section 30-4020 , a person that conducts activities through employees is without actual knowledge of a fact relating to a power of attorney, a principal, or an agent if the employee conducting the transaction involving the power of attorney is without actual knowledge of the fact.

Laws 2012, LB1113, § 19.
Neb. Rev. Stat. § 30-2427 — NE Code / Chapter 30 / Section 30-2427
View Statute 30-2427
Status: in_force

(a) Upon commencement of a formal testacy proceeding, the court shall fix a time and place of hearing. Notice shall be given in the manner prescribed by section 30-2220 by the petitioner under subdivision 30-2220(a)(1) to the persons herein enumerated and to any additional person who has filed a demand for notice under section 30-2413 .

Notice shall be given to the following persons: The surviving spouse, children, and other heirs of the decedent, the devisees and executors named in any will that is being, or has been, probated, or offered for informal or formal probate in the county, or that is known by the petitioner to have been probated, or offered for informal or formal probate elsewhere, and any personal representative of the decedent whose appointment has not been terminated. Notice may be given to other persons. In addition, the clerk shall publish notice to all unknown persons and to all known persons whose addresses are unknown who have any interest in the matters being litigated in accordance with section 30-2220(a)(2). The party instituting or maintaining the proceeding or his or her attorney is required to mail the published notice and give proof thereof in accordance with section 25-520.01 .

(b) If it appears by the petition or otherwise that the fact of the death of the alleged decedent may be in doubt, or on the written demand of any interested person, a copy of the notice of the hearing on the petition shall be sent by certified or registered mail to the alleged decedent at his or her last-known address. The court shall direct the petitioner to report the results of, or make and report back concerning, a reasonably diligent search for the alleged decedent in any manner that may seem advisable, including any or all of the following methods:

(1) By inserting in one or more suitable periodicals a notice requesting information from any person having knowledge of the whereabouts of the alleged decedent;

(2) By notifying law enforcement officials and public welfare agencies in appropriate locations of the disappearance of the alleged decedent;

(3) By engaging the services of an investigator. The costs of any search so directed shall be paid by the petitioner if there is no administration or by the estate of the decedent in case there is administration.

Laws 1974, LB 354, § 105, UPC § 3-403;

Laws 1987, LB 93, § 10.

There is no statutory requirement that the interested parties be notified as to the content or date of execution of the document or documents offered for probate. The statutory requirement is for notice that there is a petition to probate the estate. In re Estate of Seidler, 241 Neb. 402, 490 N.W.2d 453 (1992).

There is no statutory requirement that the interested parties be notified as to the content or date of execution of the document or documents offered for probate. The statutory requirement is for notice that there is a petition to probate the estate. In re Estate of Seidler, 241 Neb. 402, 490 N.W.2d 453 (1992).
Neb. Rev. Stat. § 38-2212 — NE Code / Chapter 38 / Section 38-2212
View Statute 38-2212
Status: in_force

(1) The practice of nursing by a registered nurse means assuming responsibility and accountability for nursing actions.

(2) Nursing actions include, but are not limited to:

(a) Assessing human responses to actual or potential health conditions;

(b) Establishing nursing diagnoses;

(c) Establishing goals and outcomes to meet identified health care needs;

(d) Establishing and maintaining a plan of care;

(e) Prescribing nursing interventions to implement the plan of care;

(f) Implementing the plan of care;

(g) Teaching health care practices;

(h) Delegating, directing, or assigning nursing interventions that may be performed by others and that do not conflict with the Nurse Practice Act;

(i) Maintaining safe and effective nursing care rendered directly or indirectly;

(j) Evaluating responses to interventions, including, but not limited to, performing physical and psychological assessments of patients under restraint and seclusion as required by federal law, if the registered nurse has been trained in the use of emergency safety intervention;

(k) Teaching theory and practice of nursing;

(l) Conducting, evaluating, and utilizing nursing research;

(m) Administering, managing, and supervising the practice of nursing; and

(n) Collaborating with other health professionals in the management of health care.

Laws 2007, LB463, § 768.
Neb. Rev. Stat. § 32-118.01 — NE Code / Chapter 32 / Section 32-118.01
View Statute 32-118.01
Status: in_force

Special election shall mean an election other than a regularly scheduled primary or general election as specified in statute or by home rule charter.

Laws 1997, LB 764, § 12.

Special election is defined by this section. Arends v. Whitten, 172 Neb. 297, 109 N.W.2d 363 (1961).

Special election is defined by this section. Arends v. Whitten, 172 Neb. 297, 109 N.W.2d 363 (1961).
Neb. Rev. Stat. § 31-337 — NE Code / Chapter 31 / Section 31-337
View Statute 31-337
Status: in_force

The maturity of all bonds shall be fixed on July 1 of the year in which they mature and shall contain a recital that the same were issued in accordance with the provisions of sections 31-336 to 31-348 , and that they are to be paid out of a sinking fund to be created as provided in section 31-351 .

Laws 1905, c. 161, § 20, p. 626;

Laws 1907, c. 152, § 4, p. 471;

Laws 1909, c. 147, § 10, p. 521;

R.S.1913, § 1832;

C.S.1922, § 1779;

C.S.1929, § 31-436;

R.S.1943, § 31-337.
Neb. Rev. Stat. § 49-1805 — NE Code / Chapter 49 / Section 49-1805
View Statute 49-1805
Status: in_force

If a law of this state requires that a sworn declaration be presented in a particular medium, an unsworn declaration must be presented in that medium.

Laws 2017, LB57, § 7.
Neb. Rev. Stat. § 12-1111 — NE Code / Chapter 12 / Section 12-1111
View Statute 12-1111
Status: in_force

(1) At the time that a pre-need sale is entered into, the pre-need seller shall furnish each pre-need purchaser with a duplicate original of any written contract which the pre-need purchaser is required to sign.

(2) The pre-need seller shall file with the director a copy of each form of contract that is utilized by the pre-need seller in making pre-need sales.

(3) Except in the case of a default or cancellation by the pre-need purchaser, a contract shall contain no provisions limiting the liability of the pre-need seller to less than furnishing the merchandise or services expressed in the contract, except that the contract may provide that a like or better quality item of merchandise shall be substituted for the original in the event merchandise itemized is no longer available and through reasonable efforts cannot be obtained. In the case of default or cancellation of a pre-need sale, a contract shall contain no provisions allowing the pre-need seller to retain, as liquidated damages or otherwise, any amounts not permitted by section 12-1113 . Any contractual provisions to the contrary shall be of no force or effect.

Laws 1986, LB 643, § 11.
Neb. Rev. Stat. § 38-518 — NE Code / Chapter 71 / Section 38-518
38-518
Status: in_force

A temporary license to practice audiology or speech-language pathology may be granted to:

(1) A military spouse as provided in section 38-129.01 ; or

(2) A person who establishes residence in Nebraska, or a person who is a resident of a member state of the Audiology and Speech-Language Pathology Interstate Compact, if such person:

(a) Meets all the requirements for a license except passage of the examination required by section 38-515 , which temporary license shall be valid only until the date on which the results of the next licensure examination are available to the department and shall not be renewed; or

(b) Meets all the requirements for a license except completion of the professional experience required by section 38-515 , which temporary license shall be valid only until the sooner of completion of such professional experience or eighteen months and shall not be renewed.

Laws 1978, LB 406, § 21;

Laws 1985, LB 129, § 22;

Laws 1988, LB 1100, § 68;

Laws 1991, LB 456, § 28;

Laws 2001, LB 209, § 12;

Laws 2003, LB 242, § 59;

R.S.1943, (2003), § 71-1,194;

Laws 2007, LB463, § 203;

Laws 2017, LB88, § 39;

Laws 2021, LB14, § 3.

Audiology and Speech-Language Pathology Interstate Compact, see section 38-4101 .
Neb. Rev. Stat. § 9-337 — NE Code / Chapter 9 / Section 9-337
9-337
Status: in_force

(1) Pickle cards shall be constructed so that it is impossible to determine the covered or concealed number, letter, symbol, configuration, or combination thereof on the pickle card until it has been dispensed to and opened by the player, by any method or device, including, but not limited to, the use of a marking, variance in size, variance in paper fiber, or light.

(2) All pickle cards shall be constructed to ensure that, when offered for sale to the public, the pickle card is virtually opaque and free of security defects so that winning pickle cards cannot be determined, prior to being opened, through the use of high-intensity lights or any other method.

(3) All pickle cards shall be constructed to conform in all other respects to the provisions and specifications imposed by the Nebraska Pickle Card Lottery Act or by rule or regulation as to the manufacture, assembly, or packaging of pickle cards or pickle card units.

Laws 1985, LB 408, § 23;

R.S.Supp.,1985, § 9-186.01;

Laws 1986, LB 1027, § 103.
Neb. Rev. Stat. § 22-411 — NE Code / Chapter 22 / Section 22-411
View Statute 22-411
Status: in_force

Following approval of the consolidation of county or township offices and prior to January 15 of the year in which the general election is held for consolidated offices, the county boards of each county included within such consolidation shall, by joint or concurrent action, establish the salary to be paid to the holder of the consolidated office and shall apportion such salary among the counties in the proportion that the population in each county bears to the population in all such counties or according to the consolidation agreement. In establishing salaries for a consolidated office, the county boards shall use the population of the counties involved according to the most recent federal decennial census. Minimum annual salaries are established by sections 23-1114.02 to 23-1114.07 , and the combined population of the counties involved shall be used to determine the class pursuant to section 23-1114.01 . The county boards shall further agree upon the actual payment of such salary by a single county and the monthly remittance to such paying county of the proportionate share of each of the other counties.

Laws 1969, c. 139, § 4, p. 639;

Laws 1971, LB 44, § 5;

Laws 1996, LB 1085, § 23.
Neb. Rev. Stat. § 28-327.09 — NE Code / Chapter 28 / Section 28-327.09
View Statute 28-327.09
Status: in_force

If a physician performed an abortion on a pregnant woman who is a minor without providing the information required in section 28-327 to the pregnant woman's parent or legal guardian, then the physician bears the burden of proving that the pregnant woman was capable of independently evaluating the information given to her.

Laws 2010, LB594, § 8.
Neb. Rev. Stat. § 44-4711 — NE Code / Chapter 44 / Section 44-4711
View Statute 44-4711
Status: in_force

(1) A prepaid limited health service organization shall be subject to the Unfair Insurance Trade Practices Act and the Unfair Insurance Claims Settlement Practices Act. No other provision of Chapter 44 shall apply unless specifically mentioned in the Prepaid Limited Health Service Organization Act or unless prepaid limited health service organizations are specifically mentioned in the provisions of Chapter 44.

(2) The provision of limited health services by a prepaid limited health service organization or other entity pursuant to the Prepaid Limited Health Service Organization Act shall not be deemed to be the practice of medicine or other healing arts.

(3) Solicitation to arrange for or provide limited health services in accordance with the Prepaid Limited Health Service Organization Act shall not be construed to violate any provision of law relating to solicitation or advertising by health professionals.

(4) A prepaid limited health service organization organized under the laws of this state shall be deemed to be a domestic insurer for purposes of the Insurance Holding Company System Act unless specifically exempted in writing from one or more of the provisions of the act by the director.

Laws 1989, LB 320, § 11;

Laws 1991, LB 236, § 58;

Laws 1991, LB 234, § 38.

Insurance Holding Company System Act, see section 44-2120 .

Unfair Insurance Claims Settlement Practices Act, see section 44-1536 .

Unfair Insurance Trade Practices Act, see section 44-1521 .
Neb. Rev. Stat. § 44-5902 — NE Code / Chapter 44 / Section 44-5902
View Statute 44-5902
Status: in_force

The purpose of the Insurers Examination Act is to provide an effective and efficient system for examining the activities, operations, financial condition, and affairs of all persons transacting the business of insurance in this state and all persons otherwise subject to the jurisdiction of the director. The provisions of the act are intended to enable the director to adopt a flexible system of examinations which directs resources as may be deemed appropriate and necessary for the administration of the insurance and insurance-related laws of this state.

Laws 1993, LB 583, § 2.