reglab/housing_qa huggingface dataset:
NE Code § 12-920 (2021)
2021 Nebraska Revised Statutes|Chapter 12 - Cemeteries|12-920 - Powers; duties; liabilities.

12-920.  Powers; duties; liabilities.When a district has been organized under the provisions of sections 12-909 to 12-921, it shall have all the powers and duties and be subject to all the liabilities and restrictions incident to cemetery associations organized under Chapter 12, article 5, and amendments thereto, except as changed, enlarged or restricted by the provisions of sections 12-909 to 12-921.Source  Laws 1961, c. 27, § 12, p. 142.
NE Code § 12-921 (2021)
2021 Nebraska Revised Statutes|Chapter 12 - Cemeteries|12-921 - Organization under unconstitutional law; reorganization; procedure.

12-921.  Organization under unconstitutional law; reorganization; procedure.The board of trustees of any cemetery district organized under the provisions of any law which has been held unconstitutional may petition the county board of the county containing the greater portion of the land included in such district for approval of its organization. After notice and hearing as provided in section 12-911, the county board, if it determines that such district complies with the requirements of section 12-909 and that the approval of its organization would promote public health, convenience, or welfare, shall approve its organization and it shall thereupon become subject to all the provisions of sections 12-909 to 12-921. If necessary to insure compliance with the requirements of section 12-909, the county board, as a part of its order of approval, may order the addition to or withdrawal from such district of such land as it may deem necessary to promote public health, convenience, or welfare. When any such district shall be reorganized under the provisions of this section, the county treasurer shall transfer to the reorganized district all funds standing to the credit of the old district. The funds standing to the credit of any district not reorganized under the provisions of this section within one year after October 19, 1963, shall be transferred to the general fund of the county.Source   Laws 1961, c. 27, § 13, p. 142;   Laws 1963, c. 41, § 1, p. 214.
NE Code § 12-922 (2021)
2021 Nebraska Revised Statutes|Chapter 12 - Cemeteries|12-922 - Dissolution; procedure.

12-922.  Dissolution; procedure.Any cemetery district subject to the provisions of Chapter 12, article 9, which has no outstanding indebtedness may be dissolved in the manner provided for formation of such districts. When such dissolution is ordered, any remaining funds of the district shall be transferred to the counties in which the district is situated in the same proportion as the area of the district in each county bears to the total area of the district, and such funds shall be deposited in the general fund of the respective counties.Source  Laws 1967, c. 37, § 1, p. 166.
NE Code § 12-923 (2021)
2021 Nebraska Revised Statutes|Chapter 12 - Cemeteries|12-923 - Property; acquisition; tax; excess funds.

12-923.  Property; acquisition; tax; excess funds.The board of trustees of each cemetery district organized under sections 12-909 to 12-923 shall annually include in its proposed budget statement the amount of money deemed necessary in order for such district to acquire adequate cemetery land. After the adoption of the district's budget statement, the president and secretary shall certify the amount to be received from taxation for such purpose, according to the adopted budget statement, to the proper county clerk or county clerks and the proper county board or boards which may levy the required tax subject to section 77-3443. The tax so levied for the acquisition of cemetery land in the district shall not exceed the amount so certified in the adopted budget statement nor exceed one and seven-tenths cents on each one hundred dollars upon the taxable value of all taxable property in such district. The tax levied pursuant to this section shall be in addition to the tax levy authorized by section 12-914. Such tax shall be collected as other taxes are collected in the county by the county treasurer. The proceeds of the tax so levied and collected shall constitute a special fund for the acquisition of cemetery land in the district, shall be placed to the credit of the cemetery district so authorizing such levy, and shall be paid to the treasurer of the cemetery district upon warrants drawn upon the fund by the board of trustees of the district. The county treasurer shall keep such fund separate and apart from other county funds. In case the amount of money produced by such tax levies exceeds the amount expended or the amount necessary to insure availability of cemetery land, such excess shall be placed into the county general fund. For purposes of section 77-3443, the county board of each county in which the district is situated shall approve the budget.Source   Laws 1974, LB 715, § 1;   Laws 1979, LB 187, § 28;   Laws 1992, LB 719A, § 27;   Laws 1996, LB 1114, § 24.
NE Code § 12-1001 (2021)
2021 Nebraska Revised Statutes|Chapter 12 - Cemeteries|12-1001 - Power to borrow money; issuance of bonds.

12-1001.  Power to borrow money; issuance of bonds.Any municipality maintaining and operating a cemetery either within or without its corporate limits shall have the power to borrow money and pledge the property and credit of the municipality upon its municipal bonds or otherwise for the purpose of enlarging or improving such cemetery in an amount not to exceed five percent of the taxable valuation of the property in such municipality. No such bonds shall be issued until they have been authorized by a majority vote of the electors of the municipality voting on the proposition of their issuance at a general municipal election or at a special municipal election called for the submission of such proposition.Source   Laws 1957, c. 19, § 1(1), p. 150;   Laws 1971, LB 534, § 8;   Laws 1992, LB 719A, § 28.
NE Code § 12-1002 (2021)
2021 Nebraska Revised Statutes|Chapter 12 - Cemeteries|12-1002 - Bonds; term; interest rate; notice of election.

12-1002.  Bonds; term; interest rate; notice of election.The bonds, mentioned in section 12-1001, shall be payable in not to exceed twenty years from date. They shall bear interest not exceeding the rate of six percent per annum payable annually. Notice of the time and place of said election shall be given by publication three consecutive weeks prior thereto in some legal newspaper printed in and of general circulation in such municipality or, if no newspaper be printed in such municipality, in a newspaper of general circulation therein, and if there be no newspaper of general circulation in such municipality then by posting written notice in three conspicuous public places in said municipality with such posting to be done at the beginning of the third week prior to such election.Source  Laws 1957, c. 19, § 1(2), p. 151.
NE Code § 12-1003 (2021)
2021 Nebraska Revised Statutes|Chapter 12 - Cemeteries|12-1003 - Bond election; petition; percentage of voters required.

12-1003.  Bond election; petition; percentage of voters required.No election, provided for in sections 12-1001 and 12-1002, shall be held until a petition therefor, signed by at least ten percent of the legal voters of such municipality, has been presented to the city council or board of trustees. The number of voters of the municipality voting for the office of Governor at the last general election prior to the presenting of such petition shall be deemed the number of voters in said municipality for the purpose of determining the sufficiency of such petition.Source  Laws 1957, c. 19, § 1(3), p. 151.
NE Code § 12-1004 (2021)
2021 Nebraska Revised Statutes|Chapter 12 - Cemeteries|12-1004 - Extension of water supply to cemetery.

12-1004.  Extension of water supply to cemetery.Any municipality, maintaining and operating a cemetery beyond its corporate limits, may extend its water supply or water distribution system to such cemetery.Source  Laws 1957, c. 19, § 2, p. 151.
NE Code § 12-1101 (2021)
2021 Nebraska Revised Statutes|Chapter 12 - Cemeteries|12-1101 - Act, how cited.

12-1101.  Act, how cited.Sections 12-1101 to 12-1121 shall be known and may be cited as the Burial Pre-Need Sale Act.Source  Laws 1986, LB 643, § 1.
NE Code § 12-1103 (2021)
2021 Nebraska Revised Statutes|Chapter 12 - Cemeteries|12-1103 - Pre-need sale; proceeds; trust requirements.

12-1103.  Pre-need sale; proceeds; trust requirements.Except as otherwise provided in the Burial Pre-Need Sale Act, proceeds received by any pre-need seller as partial or complete payment on a pre-need sale shall be deposited with a trustee within sixty days after receipt. The proceeds of the pre-need sale required to be deposited with a trustee shall be deposited either with a trustee under the terms of a master trust agreement or with a trustee in a separate trust account in the name of the pre-need purchaser. In either event, the money so deposited shall be held in trust by the trustee pursuant to the terms of the Burial Pre-Need Sale Act.Source  Laws 1986, LB 643, § 3.
NE Code § 12-1104 (2021)
2021 Nebraska Revised Statutes|Chapter 12 - Cemeteries|12-1104 - Proceeds of sale; trust requirements; exclusions.

12-1104.  Proceeds of sale; trust requirements; exclusions.There shall be excluded from the trust requirements of section 12-1103 and the pre-need seller shall be entitled to retain free of trust the following:(1) All proceeds from the sale of a lot or grave space or a crypt or niche located in a mausoleum, columbarium, or lawn crypt upon which construction has been substantially completed;(2) All interest that may be charged by the pre-need seller directly to the pre-need purchaser for extending to the pre-need purchaser the right to make payments on an installment basis on a pre-need sale;(3) Proceeds from the sale of a crypt or niche located in a mausoleum, columbarium, or lawn crypt upon which construction has not been substantially completed as follows: (a) All proceeds, if the pre-need seller has submitted to and received the written approval of the director of a letter of credit or surety bond securing the substantial completion of the mausoleum, columbarium, or lawn crypt; or (b) the first thirty-five percent of the retail sales price of such sale. In either event, the pre-need seller shall agree, in writing, as a part of the pre-need sale that in the event of the death of the person for whose benefit the pre-need sale of a crypt or niche is made prior to the completion of construction of the mausoleum, columbarium, or lawn crypt, that:(i) Alternate burial will be provided until the completion of the construction; and(ii) Within a reasonable time after the completion of construction, the body of the decedent will be moved in a dignified manner from the alternate burial place to the crypt or niche so purchased at the sole expense of the pre-need seller;(4) The first fifteen percent of the retail sales price of all other pre-need sales, including the pre-need sale of markers, monuments, or lettering and the pre-need sale of burial or funeral merchandise or services; and(5) All amounts required for perpetual care, endowed care, or continual care or the like of the item so purchased if such funds or earnings from the funds will be used for the care and maintenance of the item or items sold in the pre-need sale.Source  Laws 1986, LB 643, § 4.
NE Code § 12-1105 (2021)
2021 Nebraska Revised Statutes|Chapter 12 - Cemeteries|12-1105 - Pre-need seller; records required.

12-1105.  Pre-need seller; records required.Upon the making of a pre-need sale by a pre-need seller when some or all of the proceeds from that sale are required to be placed in trust or a letter of credit or surety bond has been approved in lieu thereof, the pre-need seller in addition to retaining a copy of any written agreement entered into shall prepare and maintain a separate record of each such pre-need sale and the record shall contain the following information:(1) The name and address of the pre-need purchaser;(2) The retail sales price of each item purchased in such pre-need sale, exclusive of any interest that may be charged the pre-need purchaser by the pre-need seller;(3) The date and amount of each payment made by the pre-need purchaser to the pre-need seller, designating such payment as principal or interest and the disposition made by the pre-need seller of each such payment as to whether it was retained in whole or in part by the pre-need seller or deposited in trust and, if deposited in trust, the date of such deposit and the name of the trustee with whom the deposit was made; and(4) The date of withdrawal and all amounts withdrawn by the pre-need seller pursuant to subsection (2) of section 12-1113 and a designation of the event which permitted such withdrawal.The record shall be maintained for inspection purposes by the director for at least one year after the pre-need seller has received all proceeds to which the seller is entitled by reason of the pre-need sale.Source  Laws 1986, LB 643, § 5.
NE Code § 12-1106 (2021)
2021 Nebraska Revised Statutes|Chapter 12 - Cemeteries|12-1106 - Pre-need purchaser; designate irrevocable funds.

12-1106.  Pre-need purchaser; designate irrevocable funds.At the written request of the pre-need purchaser, the first four thousand dollars, increased annually as provided in this section, paid by the pre-need purchaser which is placed in trust by the pre-need seller may be designated as irrevocable in accordance with the rules and regulations of the Department of Health and Human Services. The Department of Health and Human Services shall increase such amount annually on September 1 beginning with the year 2006 by the percentage change in the Consumer Price Index for All Urban Consumers published by the Federal Bureau of Labor Statistics at the close of the twelve-month period ending on August 31 of such year. Upon default or cancellation any trust funds designated as irrevocable shall be governed by section 12-1113.Source   Laws 1986, LB 643, § 6;   Laws 1996, LB 1044, § 52;  Laws 2006, LB 85, § 1.
NE Code § 12-1107 (2021)
2021 Nebraska Revised Statutes|Chapter 12 - Cemeteries|12-1107 - Trustees; acceptance of funds; conditions; powers.

12-1107.  Trustees; acceptance of funds; conditions; powers.(1) Banks which do not have a separate trust department and building and loan associations and credit unions acting as trustees under the Burial Pre-Need Sale Act shall accept trust funds only to the extent that the full amount of all of such funds is insured or guaranteed by the Federal Deposit Insurance Corporation or the National Credit Union Share Insurance Fund.(2) Banks with a separate trust department and trust companies acting as trustees under the Burial Pre-Need Sale Act when investing or reinvesting trust funds shall have the power to deal with such funds as a prudent trustee would deal with the funds and shall have all of the powers granted to a trustee by the Nebraska Uniform Trust Code, but the Uniform Principal and Income Act shall not be applicable and all income, whether from interest, dividends, capital gains, or any other source, shall be considered as income.Source   Laws 1986, LB 643, § 7;   Laws 1992, LB 757, § 14;  Laws 1999, LB 107, § 2;  Laws 2001, LB 56, § 35;  Laws 2003, LB 130, § 112;  Laws 2003, LB 131, § 20;  Laws 2009, LB259, § 3. Cross References   Nebraska Uniform Trust Code, see section 30-3801.  Uniform Principal and Income Act, see section 30-3116.
NE Code § 12-1109 (2021)
2021 Nebraska Revised Statutes|Chapter 12 - Cemeteries|12-1109 - Rules and regulations.

12-1109.  Rules and regulations.The director may adopt and promulgate rules and regulations necessary to carry out and enforce the Burial Pre-Need Sale Act.Source   Laws 1986, LB 643, § 9;  Laws 2014, LB700, § 13.
NE Code § 12-1110 (2021)
2021 Nebraska Revised Statutes|Chapter 12 - Cemeteries|12-1110 - Pre-need seller; report; requirements; fee.

12-1110.  Pre-need seller; report; requirements; fee.Each pre-need seller shall file a report with the director on or before June 1 of each year in such form as the director may require. The report shall contain the name and address of each trustee with which the pre-need seller has trust funds on deposit and the amount on deposit with each such trustee as of December 31 of that year or such other reporting period as the director may establish. The report shall include a list of all amounts retained as required by section 12-1114. Any pre-need seller who has discontinued making pre-need sales but who continues to have trust funds on deposit with a trustee or trustees shall not be required to obtain a renewal of his, her, or its license but shall continue as long as trust funds are being held to make reports to the director. Each such report, when filed with the director, shall be accompanied by a fee of fifty dollars.Source   Laws 1986, LB 643, § 10;  Laws 2005, LB 119, § 2.
NE Code § 12-1111 (2021)
2021 Nebraska Revised Statutes|Chapter 12 - Cemeteries|12-1111 - Contracts; requirements; provisions.

12-1111.  Contracts; requirements; provisions.(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.Source  Laws 1986, LB 643, § 11.
NE Code § 12-1112 (2021)
2021 Nebraska Revised Statutes|Chapter 12 - Cemeteries|12-1112 - Act; when applicable.

12-1112.  Act; when applicable.The terms and conditions of the Burial Pre-Need Sale Act shall govern only those pre-need sales made and contracts entered into by any pre-need seller or his, her, or its agents after January 1, 1987. The Burial Pre-Need Sale Act shall not be construed so as to impair or affect the obligation of any lawful contract in existence on or prior to January 1, 1987.Source  Laws 1986, LB 643, § 12.
NE Code § 12-1114 (2021)
2021 Nebraska Revised Statutes|Chapter 12 - Cemeteries|12-1114 - Pre-need seller; trust funds; retain cost-of-living amount.

12-1114.  Pre-need seller; trust funds; retain cost-of-living amount.(1) To offset increases in the cost of living as the same may affect the trust accounts, the pre-need seller shall compute each year the total amount of the trust principal of each trust account determined as of December 31 of the immediately preceding year, and then multiply such amount by the percentage increase in the National Consumer Price Index for such year. The amount so determined shall be the amount of the current year's income that is required to be retained in trust by the trustee. Such amount is then considered to be trust principal and shall be retained before any income may be distributed as provided in subsection (1) of section 12-1113.(2) If there is insufficient income in any given year to fully fund the amount required to be retained pursuant to subsection (1) of this section:(a) As much of the required amount as possible shall be retained;(b) The shortage shall be recouped from the income in subsequent years before such income may be distributed as provided in subsection (1) of section 12-1113; and(c) The calculation required under subsection (1) of this section for subsequent years shall be computed as though the full amount required to be retained for each year had been retained.(3) If publication of the National Consumer Price Index is discontinued, the director shall select a comparable index for the purposes of determining such percentage increase in the cost of living and notify all licensed pre-need sellers of the index selected.Source   Laws 1986, LB 643, § 14;  Laws 2017, LB239, § 2.
NE Code § 12-1115 (2021)
2021 Nebraska Revised Statutes|Chapter 12 - Cemeteries|12-1115 - Pre-need sales agent; license required; fee; failure to surrender license; penalty.

12-1115.  Pre-need sales agent; license required; fee; failure to surrender license; penalty.(1) No agent shall make any pre-need sales on behalf of a pre-need seller in this state without first obtaining a license from the director. The director shall not issue such a license without requiring the proposed agent to fill out an application form stating his or her name, address, and telephone number and the pre-need seller for whom he or she will be making pre-need sales. The pre-need seller for whom the agent will be making pre-need sales shall also sign the agent's application and agree to be responsible for supervising the agent in conjunction with any pre-need sales. The fee for an agent's license shall be twenty dollars which shall accompany the application.(2) The agent's license, when issued, shall allow the agent to make pre-need sales only for the pre-need seller whose name appears on the license. If the agency relationship between the pre-need seller and the agent terminates for any reason, the pre-need seller shall immediately notify the department of such termination. Once such notification has been received, the acts of the agent shall no longer be imputed to the pre-need seller and the agent's license shall be considered as void. The agent, upon written request by the department, shall surrender to the department the license within a period of ten days after the receipt of such written notice. Failure on the part of the agent to surrender the license after written notification shall be a Class IV misdemeanor.(3) It shall be the responsibility of the licensed agent to notify the director of any change of the agent's address.Source   Laws 1986, LB 643, § 15;  Laws 2005, LB 119, § 3.