FrankGoortani/open-us-law huggingface dataset:
Neb. Rev. Stat. § 21-531 — NE Code / Chapter 21 / Section 21-531
View Statute 21-531
Status: in_force

In a merger under section 21-530 , the plan of merger must:

(1) comply with sections 21-171 to 21-174 ; and

(2) state in a record:

(A) for any protected series of a nonsurviving company, whether after the merger the protected series will be a relocated protected series or be dissolved, wound up, and terminated;

(B) for any protected series of the surviving company which exists before the merger, whether after the merger the protected series will be a continuing protected series or be dissolved, wound up, and terminated;

(C) for each relocated protected series or continuing protected series:

(i) the name of any person that becomes an associated member or protected-series transferee of the protected series after the merger, any consideration to be paid by, on behalf of, or in respect of the person, the name of the payor, and the name of the payee;

(ii) the name of any person whose rights or obligations in the person’s capacity as an associated member or protected-series transferee will change after the merger;

(iii) any consideration to be paid to a person who before the merger was an associated member or protected-series transferee of the protected series and the name of the payor; and

(iv) if after the merger the protected series will be a relocated protected series, its new name;

(D) for any protected series to be established by the surviving company as a result of the merger:

(i) the name of the protected series;

(ii) any protected-series transferable interest to be owned by the surviving company when the protected series is established; and

(iii) the name of and any protected-series transferable interest owned by any person that will be an associated member of the protected series when the protected series is established; and

(E) for any person that is an associated member of a relocated protected series and will remain a member after the merger, any amendment to the operating agreement of the surviving company which:

(1) is or is proposed to be in a record; and

(2) is necessary or appropriate to state the rights and obligations of the person as a member of the surviving company.

Laws 2018, LB1121, § 32.
Neb. Rev. Stat. § 38-1139 — NE Code / Chapter 38 / Section 38-1139
View Statute 38-1139
Status: in_force

(1) The department, with the recommendation of the board, shall issue a permit to a Nebraska-licensed dentist to administer general anesthesia or deep sedation on an outpatient basis to dental patients if the dentist:

(a) Maintains a properly equipped facility for the administration of general anesthesia or deep sedation as determined by the board;

(b) Is currently certified in basic life-support skills for health care providers as determined by the board and either advanced cardiac life support or an appropriate emergency management course for anesthesia and dental sedation as determined by the board;

(c) Has successfully completed an onsite evaluation covering the areas of physical evaluation, monitoring, sedation, and emergency medicine; and

(d) Meets at least one of the following criteria:

(i) Has completed an advanced education program approved by the board that affords comprehensive and appropriate training necessary to administer and manage general anesthesia or deep sedation; or

(ii) Is a fellow of the American Dental Society of Anesthesiology.

(2) A dentist who has been issued a permit pursuant to this section may administer moderate or minimal sedation.

(3) A dentist who has been issued a permit to administer general anesthesia pursuant to this section prior to July 1, 2016, may administer deep, moderate, or minimal sedation.

Laws 1986, LB 438, § 6;

R.S.1943, (2003), § 71-193.26;

Laws 2007, LB463, § 472;

Laws 2015, LB80, § 9.
Neb. Rev. Stat. § 32-1111 — NE Code / Chapter 32 / Section 32-1111
View Statute 32-1111
Status: in_force

When a contested election is pending, the person holding the certificate of election may give bond, qualify and take the office at the time specified by law, and exercise the duties of the office until the contest is decided. If the contest is decided against him or her, the court shall order him or her to give up the office to the successful party in the contest and deliver to the successful party all books, records, papers, property, and effects pertaining to the office, and the court may enforce such order by attachment or other proper legal process.

Laws 1994, LB 76, § 354;

Laws 2018, LB744, § 3.

Contestant was declared elected and cause was remanded for further order of trial court hereunder. Dilsaver v. Pollard, 191 Neb. 241, 214 N.W.2d 478 (1974).

Contestant was declared elected and cause was remanded for further order of trial court hereunder. Dilsaver v. Pollard, 191 Neb. 241, 214 N.W.2d 478 (1974).
Neb. Rev. Stat. § 25-1093.01 — NE Code / Chapter 25 / Section 25-1093.01
View Statute 25-1093.01
Status: in_force

The plaintiff may request the delivery of property as specified in section 25-1093 by filing in the office of the clerk of the court in which the action is filed an affidavit of the plaintiff or his or her agent or attorney showing (1) a description of the property claimed, (2) that the plaintiff is the owner of the property or has a special ownership or interest therein, stating the facts in relation thereto, and that he or she is entitled to the possession of the same, (3) that the property is wrongfully detained by the defendant, and (4) that it was not taken in execution on any order or judgment against such plaintiff, or for the payment of any fine, tax, or amercement assessed against him or her or by virtue of an order of delivery issued under Chapter 25, or any other mesne or final process issued against him or her, except that such affidavit may omit the first and last clause of this subdivision and, in lieu thereof, show that the property was taken on execution on a judgment or order other than an order of delivery in replevin, and that the same is exempt from such execution or attachment under the laws of this state. The provisions of Chapter 25, article 10, shall extend to and apply as well to proceedings in replevin had before county courts. Attached to such affidavit shall be a specific request for the delivery of the property and the issuance of an order by the court to that effect.

Laws 1973, LB 474, § 2;

Laws 1984, LB 13, § 38.

Replevin properly lies to recover chattels unlawfully detained, regardless of whether the original taking was wrongful. White Motor Credit Corp. v. Sapp Bros. Truck Plaza, Inc., 197 Neb. 421, 249 N.W.2d 489 (1977).

Replevin properly lies to recover chattels unlawfully detained, regardless of whether the original taking was wrongful. White Motor Credit Corp. v. Sapp Bros. Truck Plaza, Inc., 197 Neb. 421, 249 N.W.2d 489 (1977).
Neb. Rev. Stat. § 29-3705 — NE Code / Chapter 29 / Section 29-3705
View Statute 29-3705
Status: in_force

The court which tried and acquitted any person who, as of May 29, 1981, stands committed by an order of a mental health board pursuant to the Nebraska Mental Health Commitment Act in consequence of the insanity or derangement which was the ground of the acquittal, shall have jurisdiction over such person for disposition consistent with the provisions of sections 29-2203 and 29-3701 to 29-3704 . Within sixty days of May 29, 1981, the county attorney in the jurisdiction of the court which tried and acquitted the person shall file with the court which tried and acquitted the person and shall serve on the person a petition asserting the court's jurisdiction over the person for disposition consistent with sections 29-3701 to 29-3704 . The court shall then conduct an evidentiary hearing on the status of the person pursuant to section 29-3703 .

Laws 1981, LB 213, § 7;

Laws 2004, LB 1083, § 88.

Nebraska Mental Health Commitment Act, see section 71-901 .
Neb. Rev. Stat. § 14-548 — NE Code / Chapter 14 / Section 14-548
View Statute 14-548
Status: in_force

Any person who has filed a written complaint before the board of equalization pursuant to section 14-547 shall have the right to appeal to the district court of the county within which such city of the metropolitan class is located, by filing a good and sufficient bond in the sum of not less than fifty dollars and not more than double the amount of the assessment complained of, conditioned for the faithful prosecution of such appeal, and if the judgment of special assessment is sustained, to pay the amount of such judgment, interest, and costs. Such bond shall be approved and appeal taken as specified in section 14-813 . The district court shall hear the appeal as in equity and without a jury and determine anew all questions raised before the city. If the court finds such assessment to be valid, it shall render a decree for the amount of the assessment, interest, and costs, and declare such assessment, interest, and costs a lien upon the lots or lands so assessed. If the court finds that the tax is invalid it shall order a relevy of such assessment or enter such decree as may be just and equitable.

Laws 1921, c. 116, art. IV, § 36, p. 487;

C.S.1922, § 3662;

C.S.1929, § 14-539;

R.S.1943, § 14-548;

Laws 2003, LB 235, § 1;

Laws 2022, LB800, § 198.

Appeal from order levying special assessment lies to district court of county within which metropolitan city is located. Barton v. City of Omaha, 180 Neb. 752, 145 N.W.2d 444 (1966).

Appeal from order levying special assessment lies to district court of county within which metropolitan city is located. Barton v. City of Omaha, 180 Neb. 752, 145 N.W.2d 444 (1966).

An appeal from a special assessment by a metropolitan-class city taken as specified in section 14-813 means that proceedings from a district court shall be the same as on appeal from a county board, and under sections 25-1901 through 25-1908, that means appeal is taken by petition in error and the review is solely of the record made before the tribunal whose action is being reviewed. Jackson v. Board of Equal. of City of Omaha, 10 Neb. App. 330, 630 N.W.2d 680 (2001).

An appeal from a special assessment by a metropolitan-class city taken as specified in section 14-813 means that proceedings from a district court shall be the same as on appeal from a county board, and under sections 25-1901 through 25-1908, that means appeal is taken by petition in error and the review is solely of the record made before the tribunal whose action is being reviewed. Jackson v. Board of Equal. of City of Omaha, 10 Neb. App. 330, 630 N.W.2d 680 (2001).
Neb. Rev. Stat. § 45-918.04 — NE Code / Chapter 45 / Section 45-918.04
View Statute 45-918.04
Status: in_force

(1) A licensee may pay the proceeds from a delayed deposit transaction or rebate to the maker in the form of check, money order, cash, stored value card, Internet transfer, or authorized automated clearinghouse transaction. Neither the licensee nor any affiliate of the licensee shall charge the maker an additional finance charge or fee for cashing the licensee's check or for negotiating forms of transaction proceeds or rebates other than cash.

(2) A licensee may utilize electronic payment through transfer or withdrawal of funds from the maker’s account only, but only with the written authorization of the maker.

Laws 2018, LB194, § 13.
Neb. Rev. Stat. § 81-2019 — NE Code / Chapter 60 / Section 81-2019
81-2019
Status: in_force

The general administration of the Nebraska State Patrol Retirement System, except the investment of funds, is hereby vested in the board. The board may adopt and promulgate rules and regulations as may be necessary to carry out the Nebraska State Patrol Retirement Act. The board shall employ a director and such assistants and employees as may be necessary to efficiently discharge the duties imposed by the act.

Laws 1947, c. 211, § 6, p. 688;

Laws 1967, c. 391, § 4, p. 1216;

Laws 1967, c. 486, § 39, p. 1529;

Laws 1971, LB 987, § 11;

R.S.1943, (1978), § 60-446;

Laws 1991, LB 549, § 51;

Laws 1994, LB 833, § 38;

Laws 1995, LB 369, § 7;

Laws 1996, LB 847, § 35;

Laws 2018, LB1005, § 36.
Neb. Rev. Stat. § 60-510 — NE Code / Chapter 60 / Section 60-510
View Statute 60-510
Status: in_force

The requirements as to security, proof, and suspension in sections 60-507 and 60-511 shall not apply:

(1) To the operator or the owner of a motor vehicle involved in an accident wherein no injury or damage was caused to the person or property of anyone other than such operator or owner;

(2) To the operator or the owner of a motor vehicle legally parked at the time of the accident;

(3) To the owner of a motor vehicle when such motor vehicle was being operated without the owner's permission or consent at the time of the accident; or

(4) If, prior to the date that the department would otherwise suspend license and registration or nonresident's operating privilege under sections 60-507 and 60-511 , there shall be filed with the department evidence satisfactory to it that the person, who would otherwise have to file security and proof, has (a) been released from liability, (b) been finally adjudicated not to be liable, (c) executed a warrant for confession of judgment, payable when and in such installments as the parties have agreed to, or (d) executed a duly acknowledged written agreement providing for the payment of an agreed amount in installments, with respect to all claims for injuries or damages resulting from the accident.

Laws 1949, c. 178, § 10, p. 487;

Laws 1959, c. 298, § 8, p. 1113.

Written releases are required to comply with statute. Montgomery v. Blazek, 161 Neb. 349, 73 N.W.2d 402 (1955).

Written releases are required to comply with statute. Montgomery v. Blazek, 161 Neb. 349, 73 N.W.2d 402 (1955).
Neb. Rev. Stat. § 30-2731 — NE Code / Chapter 30 / Section 30-2731
View Statute 30-2731
Status: in_force

If a financial institution is required or permitted to make payment pursuant to sections 30-2716 to 30-2733 to a minor designated as a beneficiary, payment may be made pursuant to the Nebraska Uniform Transfers to Minors Act or pursuant to any other laws of this state.

Laws 1993, LB 250, § 17.

Nebraska Uniform Transfers to Minors Act, see section 43-2701 .
Neb. Rev. Stat. § 24-701.01 — NE Code / Chapter 24 / Section 24-701.01
View Statute 24-701.01
Status: in_force

Sections 24-701 to 24-714 shall be known and may be cited as the Judges Retirement Act.

Laws 1996, LB 847, § 12;

Laws 1997, LB 624, § 10;

Laws 1998, LB 532, § 1;

Laws 1998, LB 1191, § 36;

Laws 2001, LB 408, § 7;

Laws 2002, LB 407, § 11;

Laws 2004, LB 1097, § 10;

Laws 2010, LB950, § 8;

Laws 2011, LB509, § 9;

Laws 2015, LB468, § 2.
Neb. Rev. Stat. § 30-2407 — NE Code / Chapter 30 / Section 30-2407
View Statute 30-2407
Status: in_force

Unless supervised administration as described in part 5 is involved, (1) each proceeding before the court or registrar is independent of any other proceeding involving the same estate; (2) petitions for formal orders of the court may combine various requests for relief in a single proceeding if the orders sought may be finally granted without delay. Except as required for proceedings which are particularly described by other sections of this article, no petition is defective because it fails to embrace all matters which might then be the subject of a final order; (3) proceedings for probate of wills or adjudications of no will may be combined with proceedings for appointment of personal representatives; and (4) a proceeding for appointment of a personal representative is concluded by an order making or declining the appointment.

Laws 1974, LB 354, § 85, UPC § 3-107.
Neb. Rev. Stat. § 29-3921 — NE Code / Chapter 29 / Section 29-3921
View Statute 29-3921
Status: in_force

(1) The Commission on Public Advocacy Operations Cash Fund is created. The fund shall be used for the operations of the commission, except that transfers may be made from the fund to the General Fund at the direction of the Legislature through June 30, 2011. The Commission on Public Advocacy Operations Cash Fund shall consist of money remitted pursuant to section 33-156 . It is the intent of the Legislature that the commission shall be funded solely from the fund. 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.

(2) On July 1, 2011, or as soon thereafter as administratively possible, the State Treasurer shall transfer one hundred thousand dollars from the Commission on Public Advocacy Operations Cash Fund to the Supreme Court Education Fund. The State Court Administrator shall use these funds to assist the juvenile justice system in providing prefiling and diversion programming designed to reduce excessive absenteeism and unnecessary involvement with the juvenile justice system.

(3) The State Treasurer shall transfer the following amounts from the Commission on Public Advocacy Operations Cash Fund to the Court Appointed Special Advocate Fund:

(a) On July 1, 2011, or as soon thereafter as administratively possible, one hundred thousand dollars; and

(b) On July 1, 2012, or as soon thereafter as administratively possible, two hundred thousand dollars.

(4) On July 1, 2012, or as soon thereafter as administratively possible, the State Treasurer shall transfer sixty thousand dollars from the Commission on Public Advocacy Operations Cash Fund to the Nebraska State Patrol Cash Fund.

The Nebraska State Patrol shall use such funds to contract with the University of Nebraska to study sex offender recidivism data before and after the passage of Laws 2009, LB285, which changed the Nebraska sex offender classification system from an evaluation of risk assessment system to an offense-based assessment system in the attempt by the state to comply with federal requirements under the Adam Walsh Child Protection and Safety Act of 2006.

Laws 1995, LB 646, § 3;

Laws 1997, LB 108, § 1;

Laws 2001, LB 659, § 14;

Laws 2002, LB 876, § 65;

Laws 2003, LB 760, § 10;

Laws 2008, LB961, § 2;

Laws 2009, First Spec. Sess., LB3, § 16;

Laws 2011, LB463, § 3;

Laws 2012, LB969, § 5.

Nebraska Capital Expansion Act, see section 72-1269 .

Nebraska State Funds Investment Act, see section 72-1260 .
Neb. Rev. Stat. § 59-1504 — NE Code / Chapter 59 / Section 59-1504
View Statute 59-1504
Status: in_force

(1) Cost to the retailer shall mean the basic cost of cigarettes to the retailer plus the cost of doing business by the retailer, as evidenced by the standards and methods of accounting regularly employed by him in his allocation of overhead costs and expenses, paid or incurred, and must include, without limitation, labor, including salaries of executives and officers, rent, depreciation, selling costs, maintenance of equipment, delivery costs, all types of licenses, taxes, insurance and advertising; Provided, that any retailer who purchases from the manufacturer at or less than or at about the price normally and usually charged for purchases in wholesale quantities shall, in determining cost to the retailer, pursuant to this subsection, add the cost of doing business by the wholesaler, as defined in section 59-1505 , to the basic cost of cigarettes to such retailer, as well as the cost of doing business by the retailer.

(2) In the absence of the filing with the division of satisfactory proof of a lesser or higher cost of doing business by the retailer making the sale, the cost of doing business by the retailer shall be presumed to be eight percent of the basic cost of cigarettes to the retailer.

(3) In the absence of the filing with the division of satisfactory proof of a lesser or higher cost of doing business, the cost of doing business by the retailer, who, in connection with the retailer's purchase, received not only the discounts ordinarily allowed upon purchase by a retailer but also, in whole or in part, the discounts ordinarily allowed upon purchases by a wholesaler, shall be presumed to be eight percent of the sum of the basic cost of cigarettes and the cost of doing business by the wholesaler.

Laws 1965, c. 364, § 4, p. 1187.
Neb. Rev. Stat. § 23-1701.04 — NE Code / Chapter 23 / Section 23-1701.04
View Statute 23-1701.04
Status: in_force

It shall be the duty of the sheriffs of the several counties to execute or serve all writs and process issued by any county court and to them directed and to return the same. For any neglect or refusal so to do, they may be proceeded against in the county court in the same manner as for neglect or refusal to execute or serve process issued out of the district court.

G.S.1873, c. 14, § 24, p. 268;

R.S.1913, § 1227;

C.S.1922, § 1150;

C.S.1929, § 27-519;

R.S.1943, § 24-520;

Laws 1972, LB 1032, § 34;

R.S.1943, (1989), § 24-534;

Laws 1990, LB 821, § 10.
Neb. Rev. Stat. § 23-174.04 — NE Code / Chapter 23 / Section 23-174.04
View Statute 23-174.04
Status: in_force

In every county in which is located a city of the primary class, there shall be created a planning department, which shall consist of a county planning commission, a planning director, and such subordinate employees as are required to administer the planning program set forth in sections 23-174.01 to 23-174.09 . The planning director shall serve as the secretary of the county planning commission and as the administrative head of the planning department.

Laws 1961, c. 87, § 9, p. 304.
Neb. Rev. Stat. § 38-2026.01 — NE Code / Chapter 38 / Section 38-2026.01
View Statute 38-2026.01
Status: in_force

(1) The department, with the recommendation of the board, may issue a reentry license to a physician who has not actively practiced medicine for the two-year period immediately preceding the filing of an application for a reentry license or who has not otherwise maintained continued competency during such period as determined by the board.

(2) To qualify for a reentry license, the physician shall meet the same requirements for licensure as a regular licensee and submit to evaluations, assessments, and an educational program as required by the board.

(3) If the board conducts an assessment and determines that the applicant requires a period of supervised practice, the department, with the recommendation of the board, may issue a reentry license allowing the applicant to practice medicine under supervision as specified by the board. After satisfactory completion of the period of supervised practice as determined by the board, the reentry licensee may apply to the department to convert the reentry license to a license issued under section 38-2026 .

(4) After an assessment and the completion of any educational program that has been prescribed, if the board determines that the applicant is competent and qualified to practice medicine without supervision, the department, with the recommendation of the board, may convert the reentry license to a license issued under section 38-2026 .

(5) A reentry license shall be valid for one year and may be renewed for up to two additional years if approved by the department, with the recommendation of the board.

(6) The issuance of a reentry license shall not constitute a disciplinary action.

Laws 2011, LB406, § 3.