reglab/housing_qa huggingface dataset:
NE Code § 44-4308 (2021)
2021 Nebraska Revised Statutes|Chapter 44 - Insurance|44-4308 - Rules and regulations.

44-4308.  Rules and regulations.The Department of Insurance may adopt and promulgate reasonable rules and regulations (1) requiring a risk management pool to maintain reserves similar to those required of a domestic insurance company offering the same coverage as the group self-insurance coverage offered by a pool to its members, (2) requiring prior approval by the Director of Insurance before a risk management pool distributes dividends to its members in order to ensure that adequate reserves will be maintained, (3) requiring a risk management pool to process and act upon claims in accordance with the guidelines applicable for domestic insurance companies, and (4) requiring the pool to notify the Department of Insurance thirty days in advance of any change in the contribution level of the members, of any change in the coverages offered by the pool, and of any amendments to the agreement establishing the pool.Source  Laws 1987, LB 398, § 8.
NE Code § 44-4309 (2021)
2021 Nebraska Revised Statutes|Chapter 44 - Insurance|44-4309 - Risk management pool; termination of participation; effect.

44-4309.  Risk management pool; termination of participation; effect.(1) A member of a risk management pool may voluntarily terminate its participation in the pool by giving written notice to the other members of the pool and the Director of Insurance at least ninety days prior to the desired termination date. Such voluntary termination shall be approved by the Director of Insurance if he or she finds that the terminating member and the remaining members of the pool are in good standing and have met all requirements of the laws of this state, any rules or regulations adopted and promulgated by the Department of Insurance pursuant to the Intergovernmental Risk Management Act, and any bylaws of the risk management pool.(2) A member of a risk management pool may be involuntarily terminated as a member of the pool if the Director of Insurance finds, after due notice and hearing, that the member (a) has failed to pay any contribution or assessment due to the pool, (b) has failed to discharge any other obligation it owes to the pool, or (c) has failed to comply with any laws of this state, any rules or regulations adopted and promulgated by the Department of Insurance pursuant to the Intergovernmental Risk Management Act, or any bylaw of the risk management pool. Such hearing may be initiated by the Director of Insurance on his or her own initiative or at the request of the pool's board of directors.(3) Any member of a risk management pool which voluntarily terminates its membership in the pool or which is involuntarily terminated as a member of the pool shall nevertheless remain liable subsequent to the date of termination for all contractual obligations it has entered into with the pool on or before the date of termination.Source  Laws 1987, LB 398, § 9.
NE Code § 44-4310 (2021)
2021 Nebraska Revised Statutes|Chapter 44 - Insurance|44-4310 - Risk management pool; report; examination.

44-4310.  Risk management pool; report; examination.(1) On or before March 1 of each year after a risk management pool has received a certificate of authority as prescribed in section 44-4307, it shall make and file with the Department of Insurance a report of its affairs and operations during the last preceding calendar year. Such report shall be made in such form and shall contain such information as the Director of Insurance may by rule or regulation prescribe in order to protect the public interest and the interests of the members of the pool. Upon application to and approval by the director, an individual pool may make and file the report on or before a date other than March 1 for a different twelve-month period in order to correspond with the applicable fiscal year established by the pool. The director may require any individual pool to file additional periodic reports as he or she may find to be reasonably necessary and appropriate to protect and inform members of the pool and the public, to insure solvency of the pool, and to insure fair dealings in the investments of the pool.(2) The department shall examine the business affairs, records, and assets of each pool once every four years to assure that the pool is financially sound. The department may examine a pool sooner than four years from the preceding examination if the director has reason to believe that the pool is not financially sound. Any examination conducted by the department pursuant to this subsection shall be at the expense of the pool being examined.Source   Laws 1987, LB 398, § 10;   Laws 1997, LB 170, § 1.
NE Code § 44-4311 (2021)
2021 Nebraska Revised Statutes|Chapter 44 - Insurance|44-4311 - Risk management pool; dissolution.

44-4311.  Risk management pool; dissolution.A risk management pool shall not be voluntarily dissolved or otherwise cease to function without written approval by the Director of Insurance after he or she has determined that all claims and other legal obligations of the pool have been paid or that adequate provisions for such payment have been made.Source  Laws 1987, LB 398, § 11.
NE Code § 44-4312 (2021)
2021 Nebraska Revised Statutes|Chapter 44 - Insurance|44-4312 - Risk management pool; deficiency; assessment required.

44-4312.  Risk management pool; deficiency; assessment required.(1) If the assets of a risk management pool are at any time insufficient to enable the pool to discharge its liabilities and other obligations and to maintain adequate reserves and surpluses in accordance with reasonable determinations by the Department of Insurance, the pool shall make up the deficiency or the Director of Insurance shall order the pool to levy an assessment upon its members in an amount necessary to make up the deficiency.(2) If the risk management pool fails to make up a deficiency or to make the required assessment of its members pursuant to subsection (1) of this section within thirty days after the Director of Insurance orders it to do so or if the deficiency is not fully made up within sixty days after the date on which such assessment is made or within such longer period of time as may be specified by the Director of Insurance, the pool shall be proceeded against in the same manner as provided for domestic insurers. The Director of Insurance shall have the same powers, duties, and limitations in such proceeding as are provided for in a proceeding against a domestic insurer.(3) If the liquidation of a risk management pool is ordered, an assessment shall be levied upon its members for such amount as the Director of Insurance determines is necessary to discharge all liabilities of the pool, including the reasonable costs of liquidation.Source  Laws 1987, LB 398, § 12.
NE Code § 44-4313 (2021)
2021 Nebraska Revised Statutes|Chapter 44 - Insurance|44-4313 - Risk management pool; investment of funds.

44-4313.  Risk management pool; investment of funds.The capital, surplus, and other funds, or any part thereof, of any risk management pool may be invested as authorized under the Insurers Investment Act for an insurer.Source   Laws 1987, LB 398, § 13;   Laws 1988, LB 1220, § 3;   Laws 1991, LB 237, § 70;  Laws 2001, LB 664, § 4.  Cross References  Insurers Investment Act, see section 44-5101.
NE Code § 44-4314 (2021)
2021 Nebraska Revised Statutes|Chapter 44 - Insurance|44-4314 - Rules and regulations.

44-4314.  Rules and regulations.The Department of Insurance may, after notice and hearing, adopt and promulgate such reasonable rules and regulations as may be necessary or proper to carry out the provisions of sections 44-4306 to 44-4314, 44-4319, and 44-4320.Source  Laws 1987, LB 398, § 14.
NE Code § 44-4315 (2021)
2021 Nebraska Revised Statutes|Chapter 44 - Insurance|44-4315 - Risk management pool; applicability of insurance laws.

44-4315.  Risk management pool; applicability of insurance laws.Notwithstanding any other provision of law to the contrary, (1) any risk management pool organized pursuant to the Intergovernmental Risk Management Act shall not be considered an insurance company or insurer under the laws of this state, (2) any agreement forming a risk management pool or providing group self-insurance coverages to its members shall not constitute insurance or the conduct of an insurance business, and (3) no risk management pool organized pursuant to the Intergovernmental Risk Management Act shall be a member of the Nebraska Life and Health Insurance Guaranty Association or the Nebraska Property and Liability Insurance Guaranty Association.Source   Laws 1987, LB 398, § 15;  Laws 2001, LB 664, § 5.  Cross References   Nebraska Life and Health Insurance Guaranty Association, see section 44-2705.  Nebraska Property and Liability Insurance Guaranty Association, see section 44-2404.
NE Code § 44-4316 (2021)
2021 Nebraska Revised Statutes|Chapter 44 - Insurance|44-4316 - Funds, how construed.

44-4316.  Funds, how construed.Funds set aside by any public agency for a risk management pool shall not be construed to be a cash reserve or a sinking fund.Source  Laws 1987, LB 398, § 16.
NE Code § 44-4317 (2021)
2021 Nebraska Revised Statutes|Chapter 44 - Insurance|44-4317 - Public agency; tax levy; agreements; authorized.

44-4317.  Public agency; tax levy; agreements; authorized.(1)(a) Any public agency which has the authority to levy a tax shall be authorized to levy a tax, to contract indebtedness, and to issue general obligation bonds payable from such a tax levy to pay the premium costs of general liability insurance, property insurance, workers' compensation insurance, health, dental, or accident insurance, life insurance, and any other insurance to protect against any of the losses described in section 44-4304 and to pay all costs and expenses associated with membership in a risk management pool, including, but not limited to, standard insurance coverages, group self-insurance coverages, assessments levied by the pool, retirement of debt incurred by the pool, and operating expenses of the pool.(b) A member of a risk management pool which has the authority to levy a tax shall be authorized to enter into agreements obligating the member to make payments beyond its current budget year for any of such purposes.(c) Taxes levied by a public agency other than an educational service unit or school district for the payment of the principal of, premium of, or interest on such a general obligation bond of such public agency, the payment of such insurance premium costs, and the payment of all costs and expenses associated with membership in a risk management pool may be levied in excess of any tax limitation imposed by statute.(d) Except as permitted in subdivision (1)(e) of this section, taxes levied by an educational service unit or school district on or after April 3, 2008, for the payment of the principal of, premium of, or interest on such a general obligation bond of such public agency, the payment of such insurance premium costs, and the payment of all costs and expenses associated with membership in a risk management pool shall be subject to the levy limit applicable to such public agency under section 77-3442.(e) Taxes levied by an educational service unit or school district for the payment of the principal of, premium of, or interest on such a general obligation bond of such educational service unit or school district issued prior to April 3, 2008, shall be excluded from the levy limit applicable to such public agency under section 77-3442.(2) Nothing in the Intergovernmental Risk Management Act shall be construed or interpreted as permitting the State of Nebraska, represented by the Risk Manager, to enter into any agreement or contract or do any act in contravention of the Constitution of the State of Nebraska.Source   Laws 1987, LB 398, § 17;  Laws 2001, LB 664, § 6;  Laws 2008, LB988, § 1.
NE Code § 44-4318 (2021)
2021 Nebraska Revised Statutes|Chapter 44 - Insurance|44-4318 - Funds or reserve; disclosure; discovery.

44-4318.  Funds or reserve; disclosure; discovery.Information regarding that portion of the funds or liability reserve of a risk management pool established for the purpose of satisfying a specific claim or cause of action shall be exempt from disclosure under sections 84-712 to 84-712.09. Notwithstanding any other provision of law to the contrary, a party to a claim or action against a public agency or any risk management pool shall not be entitled to discover that portion of the funds or liability reserve established by the pool for purposes of satisfying the claim or cause of action, except that such information shall be discoverable in any supplemental or ancillary proceeding to enforce a judgment against a public agency or risk management pool.Source  Laws 1987, LB 398, § 18.
NE Code § 44-4319 (2021)
2021 Nebraska Revised Statutes|Chapter 44 - Insurance|44-4319 - Workers' compensation coverage; requirements; court; powers.

44-4319.  Workers' compensation coverage; requirements; court; powers.(1) All risk management pools shall comply with the Nebraska Workers' Compensation Act and all rules of the Nebraska Workers' Compensation Court.(2) The Nebraska Workers' Compensation Court may, as provided by section 48-146.02, revoke or suspend the authority of a risk management pool to provide group self-insurance coverage of workers' compensation liability pursuant to the Intergovernmental Risk Management Act.Source  Laws 1987, LB 398, § 19. Cross References  Nebraska Workers' Compensation Act, see section 48-1,110.
NE Code § 44-4320 (2021)
2021 Nebraska Revised Statutes|Chapter 44 - Insurance|44-4320 - Payment to director; computation.

44-4320.  Payment to director; computation.Every risk management pool shall pay to the Director of Insurance, on or before March 1 of each year, an amount equal to five-tenths of one percent of annual contributions received by the pool less any amount paid for excess or aggregate insurance during the immediately preceding calendar year for health, dental, and accident coverage and one percent of annual contributions received by the pool less any amount paid for excess or aggregate insurance during the immediately preceding calendar year for coverage of all other risks included within the pool's group self-insurance program. A pool which has a scheme of operations that contemplates a return of a portion of the contributions of pool members without such members being claimants under the pool's insuring agreements may deduct such return contributions and any dividends paid during the immediately preceding calendar year from the pool's contributions for the purpose of calculating the amount due. The computation of such amount shall be made on forms furnished by the Department of Insurance which shall be filed with the department together with a sworn statement by the pool's chief operating officer attesting to the accuracy of the computation. The department shall furnish such forms to each pool prior to the end of the year for which such amount is payable together with any information relative to computation of the amount as may be necessary. Upon receipt of payment, the director shall audit and examine the computations and satisfy himself or herself that the amount paid is in conformity with this section. The director shall transmit such payments to the State Treasurer. One-half of the payments shall be handled in the manner prescribed in section 77-913, and the remaining one-half of such payments shall be deposited in the General Fund promptly upon completion of the director's audit and examination and in no event later than May 1 of each year.Source   Laws 1987, LB 398, § 20;   Laws 1988, LB 1220, § 4;  Laws 1999, LB 259, § 9;  Laws 2001, LB 664, § 7.
NE Code § 44-4321 (2021)
2021 Nebraska Revised Statutes|Chapter 44 - Insurance|44-4321 - Bonds; issuance.

44-4321.  Bonds; issuance.Subject only to any agreement with the holders of outstanding bonds, a risk management pool may issue such types of bonds as its board may determine, including bonds as to which the principal and interest are payable exclusively from all or a portion of the revenue from one or more revenue-producing contracts made by the risk management pool with any person, or from its revenue generally, or which may be additionally secured by a pledge of any grant, subsidy, or contribution from any person, by a pledge of any income, revenue, funds, or money of the risk management pool from any source whatsoever, or by a mortgage or security interest in any real or personal property, commodity, or product or any service or interest therein.Source  Laws 1987, LB 398, § 21.
NE Code § 44-4322 (2021)
2021 Nebraska Revised Statutes|Chapter 44 - Insurance|44-4322 - Bonds; amount.

44-4322.  Bonds; amount.A risk management pool may from time to time issue its bonds in such principal amounts as its board of directors deems necessary to provide sufficient funds to carry out any of the risk management pool's purposes and powers, including the establishment or increase of reserves and the payment of all other costs or expenses of the risk management pool incident to and necessary or convenient to carry out its purposes and powers.Source  Laws 1987, LB 398, § 22.
NE Code § 44-4323 (2021)
2021 Nebraska Revised Statutes|Chapter 44 - Insurance|44-4323 - Liability for bonds.

44-4323.  Liability for bonds.(1) Neither the members of a risk management pool's board of directors nor any person executing the bonds shall be liable personally on such bonds by reason of the issuance thereof.(2) The bonds shall not be a debt, liability, or general obligation of any member of a risk management pool or of this state, and neither this state nor any member of a risk management pool shall be liable thereon. Neither the faith and credit nor the taxing power of any member of a risk management pool or of the state shall be pledged to the payment of the principal or interest on the bonds. Bonds shall be payable only out of any funds or properties of the issuing risk management pool. Such limitations shall be plainly stated upon the face of the bonds.Source  Laws 1987, LB 398, § 23.
NE Code § 44-4324 (2021)
2021 Nebraska Revised Statutes|Chapter 44 - Insurance|44-4324 - Bonds; issuance; terms.

44-4324.  Bonds; issuance; terms.Bonds shall be authorized by resolution of the issuing risk management pool's board of directors, may be issued under a resolution or under a trust indenture or other security instrument in one or more series, and shall bear such date or dates, mature at such time or times, bear interest at such rate or rates, be in such denomination or denominations, be in such form, either coupon or registered, carry such conversion or registration privileges, have such rank or priority, be executed in such manner, be payable in such medium of payment and at such place or places, and be subject to such terms of redemption, with or without premium, as such resolution, trust indenture, or other security instrument may provide and without limitation by the provisions of any other law limiting amounts, maturities, or interest rates. Any officer authorized or designated to sign, countersign, execute, or attest any bond or any coupon may utilize a facsimile signature in lieu of his or her manual signature.Source  Laws 1987, LB 398, § 24.
NE Code § 44-4325 (2021)
2021 Nebraska Revised Statutes|Chapter 44 - Insurance|44-4325 - Bonds; negotiable; sale.

44-4325.  Bonds; negotiable; sale.(1) Except as the issuing risk management pool's board of directors may otherwise provide, any bond and any interest coupons thereto attached shall be fully negotiable within the meaning and for all purposes of article 8, Uniform Commercial Code.(2) The bonds may be sold at public or private sale as the issuing risk management pool's board of directors may provide and at such price or prices as such board shall determine.Source  Laws 1987, LB 398, § 25.
NE Code § 44-4326 (2021)
2021 Nebraska Revised Statutes|Chapter 44 - Insurance|44-4326 - Signatures; validity.

44-4326.  Signatures; validity.In case any officers whose signatures appear on any bonds or coupons cease to be such officers before the delivery of such obligations, such signatures shall nevertheless be valid and sufficient for all purposes to the same extent as if such officers had remained in office until such delivery.Source  Laws 1987, LB 398, § 26.
NE Code § 44-4328 (2021)
2021 Nebraska Revised Statutes|Chapter 44 - Insurance|44-4328 - Refunding bonds; issuance; terms.

44-4328.  Refunding bonds; issuance; terms.A risk management pool may issue and sell refunding bonds for the purpose of paying or providing for the payment of any of its bonds at or prior to maturity or upon acceleration or redemption. Refunding bonds may be issued at any time prior to or at the maturity or redemption of the refunded bonds as the risk management pool's board of directors deems appropriate. The refunding bonds may be issued in a principal amount not exceeding an amount sufficient to pay or to provide for the payment of (1) the principal of the bonds being refunded, (2) any redemption premium thereon, (3) interest accrued or to accrue to the first or any subsequent redemption date or dates selected by the risk management pool's board of directors in its discretion, or to the date or dates of maturity, whichever is determined to be most advantageous or convenient for the risk management pool, (4) the expenses of issuing the refunding bonds, including bond discount, and redeeming the bonds being refunded, and (5) such reserves for debt service or other capital or current expenses from the proceeds of such refunding bonds as may be deemed necessary or convenient by the board of directors of the issuing risk management pool. A determination by the board of directors that any refinancing is advantageous or necessary to the risk management pool, that any of the amounts provided in this section should be included in such refinancing, or that any of the bonds to be refinanced should be called for redemption on the first or any subsequent redemption date or permitted to remain outstanding until their respective dates of maturity shall be conclusive.Source  Laws 1987, LB 398, § 28.
NE Code § 44-4329 (2021)
2021 Nebraska Revised Statutes|Chapter 44 - Insurance|44-4329 - Refunding bonds; use.

44-4329.  Refunding bonds; use.Refunding bonds may be exchanged for and in payment and discharge of any of the outstanding obligations being refunded. The refunding bonds may be exchanged for a like, greater, or smaller principal amount of the bonds being refunded as the issuing risk management pool's board of directors may determine in its discretion. The holder or holders of the bonds being refunded need not pay accrued interest on the refunding bonds if and to the extent that interest is due or accrued and unpaid on the bonds being refunded and to be surrendered.Source  Laws 1987, LB 398, § 29.