reglab/statecodes huggingface dataset:
2023 Nebraska Revised Statutes › Chapter 58 - Money and Financing › 58-842 - Bond issuance; resolution; provisions enumerated.

58-842.
Bond issuance; resolution; provisions enumerated.
Any resolution or resolutions authorizing any bonds or any issue of bonds and any trust indenture securing any bonds or any issue of bonds may contain provisions, which shall be a part of the contract with the holders of the bonds to be authorized, as to (1) pledging or assigning the revenue of the project or loan with respect to which such bonds are to be issued or the revenue of any other property, facilities, or loans, (2) the rentals, fees, loan payments, and other amounts to be charged, the amounts to be raised in each year thereby, and the use and disposition of such amounts, (3) the setting aside of reserves or sinking funds, and the regulation, investment, and disposition thereof, (4) limitations on the use of the project, (5) limitations on the purpose to which or the investments in which the proceeds of sale of any issue of bonds then or thereafter to be issued may be applied and pledging such proceeds to secure the payment of the bonds or any issue of the bonds, (6) limitations on the issuance of additional bonds, the terms upon which additional bonds may be issued and secured, and the refunding of outstanding bonds, (7) the procedure, if any, by which the terms of any contract with bondholders may be amended or abrogated, the amount of bonds the holders of which must consent thereto, and the manner in which such consent may be given, (8) limitations on the amount of money derived from the project or loan to be expended for operating, administrative, or other expenses of the authority, (9) defining the acts or omissions to act which shall constitute a default in the duties of the authority to holders of its obligations and providing the rights and remedies of such holders in the event of a default, (10) the mortgaging of a project and the site thereof or any other property for the purpose of securing the bondholders, and (11) any other matters relating to the bonds which the authority deems desirable.
Source
Laws 1981, LB 321, § 39;
Laws 1983, LB 159, § 5;
R.S.1943, (1994), § 79-2939;
Laws 1995, LB 5, § 39;
R.S.1943, (2008), § 85-1739;
Laws 2013, LB170, § 42.
2023 Nebraska Revised Statutes › Chapter 58 - Money and Financing › 58-843 - Bonds; secured by trust indenture; contents; expenses; how treated.

58-843.
Bonds; secured by trust indenture; contents; expenses; how treated.
In the discretion of the authority any bonds issued under the Nebraska Educational, Health, Cultural, and Social Services Finance Authority Act may be secured by a trust indenture, which trust indenture may be in the form of a bond resolution or similar contract, by and between the authority and a corporate trustee or trustees which may be any financial institution having the power of a trust company or any trust company within or outside the state. Such trust indenture providing for the issuance of such bonds may pledge or assign the revenue to be received or proceeds of any contract or contracts pledged and may convey or mortgage the project or any portion thereof. The trust indenture by which a pledge is created or an assignment made shall be filed in the records of the authority.
Any pledge or assignment made by the authority pursuant to this section shall be valid and binding from the time that the pledge or assignment is made, and the revenue so pledged and thereafter received by the authority shall immediately be subject to the lien of such pledge or assignment without physical delivery thereof or any further act. The lien of such pledge or assignment shall be valid and binding against all parties having claims of any kind in tort, contract, or otherwise against the authority irrespective of whether such parties have notice thereof.
Such trust indenture may set forth the rights and remedies of the bondholders and of the trustee or trustees, may restrict the individual right of action by bondholders, and may contain such provisions for protecting and enforcing the rights and remedies of the bondholders and of the trustee or trustees as may be reasonable and proper, not in violation of law, or provided for in the Nebraska Educational, Health, Cultural, and Social Services Finance Authority Act. Any such trust indenture may contain such other provisions as the authority may deem reasonable and proper for the security of the bondholders.
Any bank or trust company which acts as depository of the proceeds of the bonds, any revenue, or other money shall furnish such indemnifying bonds or pledge such securities as may be required by the authority.
All expenses incurred in carrying out the provisions of such trust indenture may be treated as a part of the cost of the operation of a project.
Source
Laws 1981, LB 321, § 40;
Laws 1993, LB 465, § 20;
R.S.1943, (1994), § 79-2940;
Laws 1995, LB 5, § 40;
R.S.1943, (2008), § 85-1740;
Laws 2013, LB170, § 43;
Laws 2019, LB224, § 23.
2023 Nebraska Revised Statutes › Chapter 58 - Money and Financing › 58-844 - Bonds issued to purchase securities of eligible institution; provisions applicable.

58-844.
Bonds issued to purchase securities of eligible institution; provisions applicable.
In addition to any other methods of financing authorized in the Nebraska Educational, Health, Cultural, and Social Services Finance Authority Act, the authority may finance the cost of a project or program, refund outstanding indebtedness, or reimburse advances from an endowment or any similar fund of an eligible institution as authorized by section 58-834 by issuing its bonds for the purpose of purchasing the securities of the eligible institution. Any such securities shall have the same principal amounts, maturities, and interest rates as the bonds being issued, may be secured by a first mortgage lien on or security interest in any real or personal property, subject to such exceptions as the authority may approve and created by a mortgage or security instrument satisfactory to the authority, and may be insured or guaranteed by others. Any such bonds shall be secured by a pledge of such securities under the trust indenture securing such bonds, shall be payable solely out of the payments to be made on such securities, and shall not exceed in principal amount the cost of such project or program, the refunding of such indebtedness, or reimbursement of such advances as determined by the eligible institution and approved by the authority. In other respects any such bonds shall be subject to the act, including sections 58-841 and 58-842, and the trust indenture securing such bonds may contain any of the provisions set forth in section 58-843 as the authority may consider appropriate.
If a project is financed pursuant to this section, the title to such project shall remain in the eligible institution owning such project, subject to the lien of the mortgage or security interest, if any, securing the securities then being purchased, and there shall be no lease of such facility between the authority and such eligible institution.
Section 58-840 shall not apply to any project financed pursuant to this section, but the authority shall return the securities purchased through the issuance of bonds pursuant to this section to the eligible institution issuing such securities when such bonds have been fully paid and retired or when adequate provision has been made to pay and retire such bonds fully and all other conditions of the trust indenture securing such bonds have been satisfied and any lien established pursuant to this section has been released in accordance with the provisions of the trust indenture.
Source
Laws 1981, LB 321, § 41;
Laws 1993, LB 465, § 21;
R.S.1943, (1994), § 79-2941;
Laws 1995, LB 5, § 41;
R.S.1943, (2008), § 85-1741;
Laws 2013, LB170, § 44;
Laws 2019, LB224, § 24.
2023 Nebraska Revised Statutes › Chapter 58 - Money and Financing › 58-847 - Bond issuance; state or political subdivision; no obligation; statement; expenses.

58-847.
Bond issuance; state or political subdivision; no obligation; statement; expenses.
Bonds issued pursuant to the Nebraska Educational, Health, Cultural, and Social Services Finance Authority Act shall not be deemed to constitute a debt of the state or of any political subdivision thereof or a pledge of the faith and credit of the state or of any such political subdivision, but such bonds shall be a limited obligation of the authority payable solely from the funds, securities, or government securities pledged for their payment as authorized in the act unless such bonds are refunded by refunding bonds issued under the act, which refunding bonds shall be payable solely from funds, securities, or government securities pledged for their payment as authorized in the act. All such revenue bonds shall contain on the face thereof a statement to the effect that the bonds, as to both principal and interest, are not an obligation of the State of Nebraska or of any political subdivision thereof but are limited obligations of the authority payable solely from revenue, securities, or government securities, as the case may be, pledged for their payment. All expenses incurred in carrying out the act shall be payable solely from funds provided under the authority of the act, and nothing contained in the act shall be construed to authorize the authority to incur indebtedness or liability on behalf of or payable by the state or any political subdivision thereof.
Source
Laws 1981, LB 321, § 44;
Laws 1993, LB 465, § 24;
R.S.1943, (1994), § 79-2944;
Laws 1995, LB 5, § 44;
R.S.1943, (2008), § 85-1744;
Laws 2013, LB170, § 47;
Laws 2019, LB224, § 27.
2023 Nebraska Revised Statutes › Chapter 58 - Money and Financing › 58-848 - Authority; rents or loan payments; use.

58-848.
Authority; rents or loan payments; use.
Except for projects financed or refinanced pursuant to sections 58-844 and 58-845, the authority shall fix, revise, charge, and collect rents or loan payments for the use of or payment for each project and contract with any eligible institution in respect thereof. Each lease or loan agreement entered into by the authority with an eligible institution shall provide that the rents or loan payments payable by the eligible institution shall be sufficient at all times (1) to pay the eligible institution's share of the administrative costs and expenses of the authority, (2) to pay the authority's cost, if any, of maintaining, repairing, and operating the project and each and every portion thereof, (3) to pay the principal of, the premium, if any, and the interest on outstanding bonds of the authority issued with respect to such project as the same shall become due and payable, and (4) to create and maintain reserves which may be provided for in the resolution or trust indenture relating to such bonds of the authority.
With respect to projects financed pursuant to sections 58-844 and 58-845, the authority shall require the eligible institution involved to enter into loan or other financing agreements obligating such eligible institution to make payments sufficient to accomplish the purposes described in this section.
Source
Laws 1981, LB 321, § 45;
R.S.1943, (1994), § 79-2945;
Laws 1995, LB 5, § 45;
R.S.1943, (2008), § 85-1745;
Laws 2013, LB170, § 48.
2023 Nebraska Revised Statutes › Chapter 58 - Money and Financing › 58-849 - Money received by authority; deemed trust funds; investment.

58-849.
Money received by authority; deemed trust funds; investment.
All money received by the authority, whether as proceeds from the sale of bonds, from revenue, or otherwise, shall be deemed to be trust funds to be held and applied solely as provided in the Nebraska Educational, Health, Cultural, and Social Services Finance Authority Act but, prior to the time when needed for use, may be invested in direct and general obligations of or obligations fully and unconditionally guaranteed by the United States of America, obligations issued by agencies of the United States of America, any obligations of the United States of America or agencies thereof, obligations of this state, or any obligations or securities which may from time to time be legally purchased by governmental subdivisions of this state pursuant to subsection (1) of section 77-2341, except that any funds pledged to secure a bond issue shall be invested in the manner permitted by the resolution or trust indenture securing such bonds. Such funds shall be deposited as soon as practical in a separate account or accounts in banks or trust companies organized under the laws of this state or in national banking associations. The money in such accounts shall be paid out on checks signed by the executive director or other officers or employees of the authority as the authority authorizes. All deposits of money shall, if required by the authority, be secured in such a manner as the authority determines to be prudent, and all banks or trust companies may give security for the deposits, except to the extent provided otherwise in the resolution authorizing the issuance of the related bonds or in the trust indenture securing such bonds. The resolution authorizing the issuance of such bonds or the trust indenture securing such bonds shall provide that any officer to whom or any bank or trust company to which such money is entrusted shall act as trustee of such money and shall hold and apply the same for the purposes of the Nebraska Educational, Health, Cultural, and Social Services Finance Authority Act, subject to the act, and of the authorizing resolution or trust indenture.
Source
Laws 1981, LB 321, § 46;
Laws 1993, LB 465, § 25;
R.S.1943, (1994), § 79-2946;
Laws 1995, LB 5, § 46;
R.S.1943, (2008), § 85-1746;
Laws 2013, LB170, § 49;
Laws 2019, LB224, § 28.
2023 Nebraska Revised Statutes › Chapter 58 - Money and Financing › 58-850 - Bondholders and trustee; enforcement of rights.

58-850.
Bondholders and trustee; enforcement of rights.
Any holder of bonds or of any of the coupons appertaining thereto issued under the Nebraska Educational, Health, Cultural, and Social Services Finance Authority Act and the trustee under any trust indenture, except to the extent the rights given in the act may be restricted by the resolution or trust indenture, may, either at law or in equity, by suit, action, mandamus, or other proceedings, protect and enforce any and all rights under the laws of the state, the act, or such trust indenture or resolution authorizing the issuance of such bonds and may enforce and compel the performance of all duties required by the act or by such trust indenture or resolution to be performed by the authority or by any officer, employee, or agent thereof, including the fixing, charging, and collecting of rates, rents, loan payments, fees, and charges authorized in the act and required by the provisions of such resolution or trust indenture to be fixed, established, and collected.
Such rights shall include the right to compel the performance of all duties of the authority required by the act or the resolution or trust indenture to enjoin unlawful activities and, in the event of default with respect to the payment of any principal of and premium, if any, and interest on any bond or in the performance of any covenant or agreement on the part of the authority in the resolution or trust indenture, to apply to a court having jurisdiction of the cause to appoint a receiver to administer and operate a project, the revenue of which is pledged to the payment of the principal of and premium, if any, and interest on such bonds, with full power to pay and to provide for payment of the principal of and premium, if any, and interest on such bonds, and with such powers, subject to the direction of the court, as are permitted by law and are accorded receivers in general equity cases, excluding any power to pledge additional revenue of the authority to the payment of such principal, premium, and interest, and to foreclose the mortgage on the project in the same manner as the foreclosure of a mortgage on real estate of private corporations.
Source
Laws 1981, LB 321, § 47;
Laws 1993, LB 465, § 26;
R.S.1943, (1994), § 79-2947;
Laws 1995, LB 5, § 47;
R.S.1943, (2008), § 85-1747;
Laws 2013, LB170, § 50;
Laws 2019, LB224, § 29.
2023 Nebraska Revised Statutes › Chapter 58 - Money and Financing › 58-851 - Act, how construed.

58-851.
Act, how construed.
The Nebraska Educational, Health, Cultural, and Social Services Finance Authority Act, being necessary for the welfare of the state and its inhabitants, shall be liberally construed to effect the purposes thereof.
Source
Laws 1981, LB 321, § 48;
Laws 1993, LB 465, § 27;
R.S.1943, (1994), § 79-2948;
Laws 1995, LB 5, § 48;
R.S.1943, (2008), § 85-1748;
Laws 2013, LB170, § 51;
Laws 2019, LB224, § 30.
2023 Nebraska Revised Statutes › Chapter 58 - Money and Financing › 58-852 - Authority; journal; public records.

58-852.
Authority; journal; public records.
All final actions of the authority shall be recorded in a journal, and the journal and all instruments and documents relating thereto shall be kept on file at the office of the authority and shall be open to the inspection of the public at all reasonable times.
Source
Laws 1981, LB 321, § 49;
R.S.1943, (1994), § 79-2949;
Laws 1995, LB 5, § 49;
R.S.1943, (2008), § 85-1749;
Laws 2013, LB170, § 52.
2023 Nebraska Revised Statutes › Chapter 58 - Money and Financing › 58-853 - Authority; public purpose; exemptions from taxation.

58-853.
Authority; public purpose; exemptions from taxation.
The exercise of the powers granted by the Nebraska Educational, Health, Cultural, and Social Services Finance Authority Act shall be in all respects for the benefit of the people of the state, for the increase of their commerce, welfare, and prosperity, for the fostering, encouragement, protection, and improvement of their health and living conditions, and for the development of their intellectual and mental capacities and skills, and as the operation, maintenance, financing, or refinancing of a project or program by the authority or its agent will constitute the performance of essential governmental functions and serve a public purpose, neither the authority nor its agent shall be required to pay any taxes or assessments, upon or with respect to a project or any property acquired or used by the authority or its agent under the act, upon the income therefrom, or upon any other amounts received by the authority in respect thereof, including payments of principal of or premium or interest on or in respect of any securities purchased pursuant to section 58-844 or any government securities involved in a plan of financing pursuant to section 58-845. The bonds issued under the act, the interest thereon, the proceeds received by a holder from the sale of such bonds to the extent of the holder's cost of acquisition, or proceeds received upon redemption prior to maturity, proceeds received at maturity, and the receipt of such interest and proceeds shall be exempt from taxation in the State of Nebraska for all purposes except the state inheritance tax.
Source
Laws 1981, LB 321, § 50;
Laws 1993, LB 465, § 28;
R.S.1943, (1994), § 79-2950;
Laws 1995, LB 5, § 50;
R.S.1943, (2008), § 85-1750;
Laws 2013, LB170, § 53;
Laws 2019, LB224, § 31.
2023 Nebraska Revised Statutes › Chapter 58 - Money and Financing › 58-854 - Bondholders; pledge; agreement of the state.

58-854.
Bondholders; pledge; agreement of the state.
The State of Nebraska does hereby pledge to and agree with the holders of any obligations issued under the Nebraska Educational, Health, Cultural, and Social Services Finance Authority Act and with those parties who may enter into contracts with the authority pursuant to the act that the state will not limit or alter the rights vested in the authority until such obligations, together with the interest thereon, are fully met and discharged and such contracts are fully performed on the part of the authority, except that nothing contained in this section shall preclude such limitation or alteration if and when adequate provision is made by law for the protection of the holders of such obligations of the authority or those entering into such contracts with the authority.
Source
Laws 1981, LB 321, § 51;
Laws 1993, LB 465, § 29;
R.S.1943, (1994), § 79-2951;
Laws 1995, LB 5, § 51;
R.S.1943, (2008), § 85-1751;
Laws 2013, LB170, § 54;
Laws 2019, LB224, § 32.
2023 Nebraska Revised Statutes › Chapter 58 - Money and Financing › 58-855 - Act; supplemental to other laws.

58-855.
Act; supplemental to other laws.
The Nebraska Educational, Health, Cultural, and Social Services Finance Authority Act shall be deemed to provide a complete, additional, and alternative method for doing the things authorized in the act and shall be regarded as supplemental and additional to powers conferred by other laws. The issuance of bonds and refunding bonds under the act need not comply with the requirements of any other law applicable to the issuance of bonds, and the acquisition, construction, improvement, equipment, and renovation of a project pursuant to the act by the authority need not comply with the requirements of any competitive bidding law or other restriction imposed on the procedure for award of contracts for the acquisition, construction, improvement, equipment, and renovation of a project or the lease, sale, or disposition of property of the authority, except that if the prospective lessee so requests in writing, the authority shall call for construction bids in such manner as shall be determined by the authority with the approval of such lessee. Except as otherwise expressly provided in the act, none of the powers granted to the authority under the act shall be subject to the supervision of or regulation by or require the approval or consent of any municipality, commission, board, body, bureau, official, or other political subdivision or agency of the state.
Source
Laws 1981, LB 321, § 52;
Laws 1993, LB 465, § 30;
R.S.1943, (1994), § 79-2952;
Laws 1995, LB 5, § 52;
R.S.1943, (2008), § 85-1752;
Laws 2013, LB170, § 55;
Laws 2019, LB224, § 33.
2023 Nebraska Revised Statutes › Chapter 58 - Money and Financing › 58-856 - Act; provisions controlling.

58-856.
Act; provisions controlling.
To the extent that the Nebraska Educational, Health, Cultural, and Social Services Finance Authority Act is inconsistent with the provisions of any general statute or special act or parts thereof, the Nebraska Educational, Health, Cultural, and Social Services Finance Authority Act shall be deemed controlling.
Source
Laws 1981, LB 321, § 53;
Laws 1993, LB 465, § 31;
R.S.1943, (1994), § 79-2953;
Laws 1995, LB 5, § 53;
R.S.1943, (2008), § 85-1753;
Laws 2013, LB170, § 56;
Laws 2019, LB224, § 34.
2023 Nebraska Revised Statutes › Chapter 58 - Money and Financing › 58-857 - Nebraska Health Education Assistance Loan Program; established.

58-857.
Nebraska Health Education Assistance Loan Program; established.
There is hereby established, in accordance with Public Law 94-484, the Nebraska Health Education Assistance Loan Program, to be financed by the authority in the manner provided in the Nebraska Educational, Health, Cultural, and Social Services Finance Authority Act.
Source
Laws 1983, LB 159, § 7;
Laws 1993, LB 465, § 32;
R.S.1943, (1994), § 79-2954;
Laws 1995, LB 5, § 54;
R.S.1943, (2008), § 85-1754;
Laws 2013, LB170, § 57;
Laws 2019, LB224, § 35.
2023 Nebraska Revised Statutes › Chapter 58 - Money and Financing › 58-858 - Nebraska Health Education Assistance Loan Program; authority; powers.

58-858.
Nebraska Health Education Assistance Loan Program; authority; powers.
The authority may:
(1) Make loans;
(2) Participate in the financing of loans;
(3) Purchase or participate in the purchase of loans;
(4) Sell or participate in the sale of loans;
(5) Collect and pay reasonable fees and charges in connection with the exercise of the powers provided in subdivisions (1) through (4) of this section;
(6) Do all things necessary and convenient to carry out the purposes of sections 58-857 to 58-862 in connection with the administering and servicing of loans, including contracting with any person, firm, or other body, public or private;
(7) Enter into any agreements necessary to effect the guarantee, insuring, administering, or servicing of loans;
(8) Adopt and promulgate rules and regulations governing and establish standards for participation in the program created by section 58-857, and establish other administrative procedures consistent with Public Law 94-484; and
(9) Exercise all powers incidental to or necessary for the performance of the powers authorized by this section.
Source
Laws 1983, LB 159, § 8;
R.S.1943, (1994), § 79-2955;
Laws 1995, LB 5, § 55;
R.S.1943, (2008), § 85-1755;
Laws 2013, LB170, § 58.
2023 Nebraska Revised Statutes › Chapter 58 - Money and Financing › 58-859 - Nebraska Health Education Assistance Loan Program; loans; how funded.

58-859.
Nebraska Health Education Assistance Loan Program; loans; how funded.
Any loan made, purchased, or caused to be made or purchased pursuant to section 58-858 may be funded with the proceeds of bonds, notes, or other obligations of the authority issued pursuant to sections 58-857 to 58-862. The resolution or trust indenture creating such bonds, notes, or other obligations may contain any of the provisions specified in section 58-843 as the authority shall deem appropriate and any other provisions, not in violation of law, as the authority shall deem reasonable and proper for the security of the holders of such bonds, notes, or other obligations.
The proceeds of any such bonds, notes, or other obligations may be used and applied by the authority to make loans, to purchase loans, to cause loans to be made or purchased, to pay financing costs, including, but not limited to, legal, underwriting, investment banking, accounting, rating agency, printing, and other similar costs, to fund any reserve funds deemed necessary or advisable by the authority, to pay interest on such bonds, notes, or other obligations for any period deemed necessary or advisable by the authority, and to pay all other necessary and incidental costs and expenses.
Source
Laws 1983, LB 159, § 9;
R.S.1943, (1994), § 79-2956;
Laws 1995, LB 5, § 56;
R.S.1943, (2008), § 85-1756;
Laws 2013, LB170, § 59.
2023 Nebraska Revised Statutes › Chapter 58 - Money and Financing › 58-860 - Nebraska Health Education Assistance Loan Program; bonds or other obligations; how paid.

58-860.
Nebraska Health Education Assistance Loan Program; bonds or other obligations; how paid.
Notwithstanding section 58-841, all bonds, notes, or other obligations issued by the authority for the Nebraska Health Education Assistance Loan Program shall be payable out of the revenue generated in connection with loans funded under sections 58-857 to 58-862, or from reserves or other money available for such purpose as may be designated in the resolution of the authority under which the bonds, notes, or other obligations are issued or as may be designated in a trust indenture authorized by the authority.
Source
Laws 1983, LB 159, § 10;
R.S.1943, (1994), § 79-2957;
Laws 1995, LB 5, § 57;
R.S.1943, (2008), § 85-1757;
Laws 2013, LB170, § 60.
2023 Nebraska Revised Statutes › Chapter 58 - Money and Financing › 58-861 - Nebraska Health Education Assistance Loan Program; bonds; security.

58-861.
Nebraska Health Education Assistance Loan Program; bonds; security.
Notwithstanding section 58-843, the principal of and interest on any bonds issued by the authority for the Nebraska Health Education Assistance Loan Program shall be secured by a pledge of the revenue and other money out of which such principal and interest shall be made payable and may be secured by a trust indenture, mortgage, or deed of trust, including an assignment of a loan or contract right of the authority pursuant to a loan, covering all or any part of a loan from which the revenue or receipts so pledged may be derived.
Source
Laws 1983, LB 159, § 11;
R.S.1943, (1994), § 79-2958;
Laws 1995, LB 5, § 58;
R.S.1943, (2008), § 85-1758;
Laws 2013, LB170, § 61.
2023 Nebraska Revised Statutes › Chapter 58 - Money and Financing › 58-862 - Nebraska Health Education Loan Repayment Fund; created; use.

58-862.
Nebraska Health Education Loan Repayment Fund; created; use.
There is hereby created a separate fund, to be known as the Nebraska Health Education Loan Repayment Fund, which shall consist of all revenue generated in connection with loans funded pursuant to the Nebraska Educational, Health, Cultural, and Social Services Finance Authority Act. The authority may pledge revenue received or to be received by the fund to secure bonds, notes, or other obligations issued pursuant to the act. The authority may create such subfunds or accounts within the fund as it deems necessary or advisable.
Source
Laws 1983, LB 159, § 12;
Laws 1993, LB 465, § 33;
R.S.1943, (1994), § 79-2959;
Laws 1995, LB 5, § 59;
R.S.1943, (2008), § 85-1759;
Laws 2013, LB170, § 62;
Laws 2019, LB224, § 36.
2023 Nebraska Revised Statutes › Chapter 58 - Money and Financing › 58-863 - Nebraska Student Loan Assistance Program; established.

58-863.
Nebraska Student Loan Assistance Program; established.
There is hereby established the Nebraska Student Loan Assistance Program to be financed by the authority in the manner provided in the Nebraska Educational, Health, Cultural, and Social Services Finance Authority Act.
Source
Laws 1993, LB 465, § 34;
R.S.1943, (1994), § 79-2961;
Laws 1995, LB 5, § 60;
R.S.1943, (2008), § 85-1760;
Laws 2013, LB170, § 63;
Laws 2019, LB224, § 37.
2023 Nebraska Revised Statutes › Chapter 58 - Money and Financing › 58-864 - Nebraska Student Loan Assistance Program; authority; powers.

58-864.
Nebraska Student Loan Assistance Program; authority; powers.
The authority may:
(1) Make loans to private institutions of higher education to assist such institutions in providing loans to their full-time students to assist them in financing the cost of their education while taking courses leading to an academic degree;
(2) Participate in the financing of such loans;
(3) Sell or participate in the sale of such loans;
(4) Collect and pay reasonable fees and charges in connection with the exercise of the powers provided in subdivisions (1) through (3) of this section;
(5) Do all things necessary and convenient to carry out the purposes of this section and section 58-865 in connection with the administering of such loans, including contracting with any person, firm, or other body, public or private;
(6) Enter into any agreements necessary to effect the guarantee, insuring, or administering of such loans;
(7) Adopt and promulgate rules and regulations governing and establish standards for participation in the Nebraska Student Loan Assistance Program; and
(8) Exercise all powers incidental to or necessary for the performance of the powers authorized by this section.
Source
Laws 1993, LB 465, § 35;
R.S.1943, (1994), § 79-2962;
Laws 1995, LB 5, § 61;
R.S.1943, (2008), § 85-1761;
Laws 2013, LB170, § 64.
2023 Nebraska Revised Statutes › Chapter 58 - Money and Financing › 58-865 - Nebraska Student Loan Assistance Program; loans; how funded.

58-865.
Nebraska Student Loan Assistance Program; loans; how funded.
Any loan made or caused to be made or purchased pursuant to section 58-864 may be funded with the proceeds of bonds, notes, or other obligations of the authority issued pursuant to this section and sections 58-841, 58-846, 58-863, and 58-864. The resolution or trust indenture creating such bonds, notes, or other obligations may contain any of the provisions specified in section 58-843 as the authority deems appropriate and any other provisions, not in violation of law, as the authority deems reasonable and proper for the security of the holders of such bonds, notes, or other obligations.
The proceeds of any such bonds, notes, or other obligations may be used and applied by the authority to make loans to such institutions and cause loans to be made by the institutions to their qualified students, to pay financing costs, including legal, underwriting, investment banking, accounting, rating agency, printing, and other similar costs, to fund any reserve funds deemed necessary or advisable by the authority, to pay interest on such bonds, notes, or other obligations for any period deemed necessary or advisable by the authority, and to pay all other necessary and incidental costs and expenses.
Source
Laws 1993, LB 465, § 36;
R.S.1943, (1994), § 79-2963;
Laws 1995, LB 5, § 62;
R.S.1943, (2008), § 85-1762;
Laws 2013, LB170, § 65.
2023 Nebraska Revised Statutes › Chapter 58 - Money and Financing › 58-866 - Change in name; effect.

58-866.
Change in name; effect.
(1) It is the intent of the Legislature that the changes made by Laws 1993, LB 465, in the name of the Nebraska Educational Facilities Authority Act to the Nebraska Educational Finance Authority Act and in the name of the Nebraska Educational Facilities Authority to the Nebraska Educational Finance Authority shall not affect or alter any rights, privileges, or obligations existing immediately prior to September 9, 1993.
(2) It is the intent of the Legislature that the changes made by Laws 2013, LB170, in the name of the Nebraska Educational Finance Authority Act to the Nebraska Educational, Health, and Social Services Finance Authority Act and in the name of the Nebraska Educational Finance Authority to the Nebraska Educational, Health, and Social Services Finance Authority shall not affect or alter any rights, privileges, or obligations existing immediately prior to September 6, 2013.
(3) It is the intent of the Legislature that the changes made by Laws 2019, LB224, in the name of the Nebraska Educational, Health, and Social Services Finance Authority Act to the Nebraska Educational, Health, Cultural, and Social Services Finance Authority Act and in the name of the Nebraska Educational, Health, and Social Services Finance Authority to the Nebraska Educational, Health, Cultural, and Social Services Finance Authority shall not affect or alter any rights, privileges, or obligations existing immediately prior to September 1, 2019.
Source
Laws 1993, LB 465, § 37;
R.S.1943, (1994), § 79-2964;
Laws 1995, LB 5, § 63;
R.S.1943, (2008), § 85-1763;
Laws 2013, LB170, § 66;
Laws 2019, LB224, § 38.
2023 Nebraska Revised Statutes › Chapter 59 - Monopolies and Unlawful Restraint of Trade › 59-501 - Sales; discrimination; when unlawful.

59-501.
Sales; discrimination; when unlawful.
Any person, firm, or company, association or corporation, foreign or domestic, doing business in the State of Nebraska and engaged in the production, manufacture or distribution of any commodity in general use, that shall intentionally, for the purpose of destroying the business of a competitor in any locality, discriminate between different sections, communities, or cities of this state by selling such commodity at a lower rate in one section, community or city than is charged for said commodity by said party in another section, community or city, after making due allowance for the difference, if any, in the grade or quality and in the actual cost of transportation from the point of production, if a raw product, or from the point of manufacture, if a manufactured product, shall be deemed guilty of unfair discrimination, which is hereby prohibited and declared unlawful.
Source
Laws 1939, c. 77, § 1, p. 313;
C.S.Supp.,1941, § 59-523;
R.S.1943, § 59-501.
Annotations
Electricity is a commodity within the meaning of this section. State ex rel. Spillman v. Interstate Power Co., 118 Neb. 756, 226 N.W. 427 (1929).
Former act sustained as constitutional, but did not prevent persons dealing in commodities from selling them at such price as they may demand. State v. Drayton, 82 Neb. 254, 117 N.W. 768 (1908).
2023 Nebraska Revised Statutes › Chapter 59 - Monopolies and Unlawful Restraint of Trade › 59-502 - Sales; unlawful discrimination; prima facie evidence.

59-502.
Sales; unlawful discrimination; prima facie evidence.
Proof that any person, firm, company, association or corporation has been discriminating between different sections, communities and cities of this state by selling a commodity at a lower rate in one section, community or city than is charged for said commodity by said party in another section, community or city, after making an allowance for the difference, if any, in the grade or quality and in the actual cost of transportation from the point of production, if a raw material, and from the point of manufacture, if a manufactured product, shall be prima facie evidence that the party so discriminating is guilty of unfair discrimination.
Source
Laws 1939, c. 77, § 1, p. 314;
C.S.Supp.,1941, § 59-523;
R.S.1943, § 59-502.
2023 Nebraska Revised Statutes › Chapter 59 - Monopolies and Unlawful Restraint of Trade › 59-503 - Purchases; discrimination; when unlawful.

59-503.
Purchases; discrimination; when unlawful.
Any person, firm, company, association or corporation, foreign or domestic, doing business in the State of Nebraska, engaged in the business of collecting or buying any product, commodity or property of any kind, that shall intentionally, for the purpose of injuring or destroying the business of a competitor in any locality, discriminate between the different sections, communities or cities of this state by buying any product, commodity or property of any kind, and paying therefor a higher rate or price in one section, community or city than is paid for the same kind of product, commodity or property by said party in another section, community or city, after making due allowance for the difference, if any, in the grade or quality and in the actual cost of the transportation from the point where the same is purchased to the market where it is sold, or intended to be sold, shall be deemed guilty of unfair discrimination, which is hereby prohibited and declared unlawful.
Source
Laws 1939, c. 77, § 1, p. 314;
C.S.Supp.,1941, § 59-523;
R.S.1943, § 59-503.
2023 Nebraska Revised Statutes › Chapter 59 - Monopolies and Unlawful Restraint of Trade › 59-504 - Purchases; unlawful discrimination; prima facie evidence.

59-504.
Purchases; unlawful discrimination; prima facie evidence.
Proof that any person, firm, company, association or corporation has been discriminating between different sections, communities and cities by buying any product, commodity or property of any kind, and paying therefor a higher rate or price in one section, community or city than is paid for the same kind of product, commodity or property by said party in another section, community or city, after making due allowance for the difference, if any, in the grade or quality, and in the actual cost of transportation from the point where the same is purchased to the market where same is sold or intended to be sold, shall be prima facie evidence that the party so discriminating is guilty of unfair discrimination.
Source
Laws 1939, c. 77, § 1, p. 314;
C.S.Supp.,1941, § 59-523;
R.S.1943, § 59-504.
2023 Nebraska Revised Statutes › Chapter 59 - Monopolies and Unlawful Restraint of Trade › 59-505 - Unlawful discrimination; penalty.

59-505.
Unlawful discrimination; penalty.
Any person, firm, company, association or corporation violating any of the provisions of sections 59-501 and 59-503, and any officer, agent or receiver of any firm, company, association or corporation, or any member of the same, or any individual, violating any of the provisions of said sections, shall be deemed guilty of a Class I misdemeanor.
Source
Laws 1939, c. 77, § 2, p. 315;
C.S.Supp.,1941, § 59-524;
R.S.1943, § 59-505;
Laws 1977, LB 39, § 61.
2023 Nebraska Revised Statutes › Chapter 59 - Monopolies and Unlawful Restraint of Trade › 59-506 - Unlawful discrimination; contracts void.

59-506.
Unlawful discrimination; contracts void.
All contracts or agreements made in violation of any of the provisions of sections 59-501 to 59-503 shall be void.
Source
Laws 1939, c. 77, § 3, p. 315;
C.S.Supp.,1941, § 59-525;
R.S.1943, § 59-506.
2023 Nebraska Revised Statutes › Chapter 59 - Monopolies and Unlawful Restraint of Trade › 59-507 - Attorney General, county attorneys; duty to enforce sections.

59-507.
Attorney General, county attorneys; duty to enforce sections.
It shall be the duty of the county attorneys, in their counties, and the Attorney General to enforce the provisions of sections 59-501 to 59-508.
Source
Laws 1939, c. 77, § 4, p. 315;
C.S.Supp.,1941, § 59-526;
R.S.1943, § 59-507.
2023 Nebraska Revised Statutes › Chapter 59 - Monopolies and Unlawful Restraint of Trade › 59-508 - Unlawful discrimination by corporations; penalty; prosecution by Attorney General; injunction; corporations in which the public has an interest.

59-508.
Unlawful discrimination by corporations; penalty; prosecution by Attorney General; injunction; corporations in which the public has an interest.
Any corporation, joint-stock company or other association that shall have been once adjudged to have violated the provisions of sections 59-501 to 59-507, by a final judgment of any court having jurisdiction of the question and who shall thereafter violate the provisions of said sections shall no longer be allowed to engage in business in this state;
Provided,
such prohibition shall be enforced only after such corporation, joint-stock company or other association shall have been enjoined against further engaging in such business on an information or suit brought in a court of competent jurisdiction by the Attorney General on behalf of this state. The Attorney General may, unless he shall be satisfied that such corporation, joint-stock company or other association has desisted and abstained and will in the future desist and abstain from such violation, enforce the provision by proceeding, either by information or by indictment, as he may in his discretion think best. Any corporation, joint-stock company or other association which shall be charged with violating said sections, and any president, director, treasurer, officer or agent thereof, may be enjoined as a party in any proceeding, civil or criminal, to enforce said sections. If, in the judgment of the Attorney General, such corporation, joint-stock company or other association, against which proceedings may be instituted, be one on which the public is so depending that the interruption of its business will cause serious public loss or inconvenience, he may, in his discretion, refrain from proceeding to obtain a decree, which will absolutely prevent the continuance of such business, and may apply for a limited or conditional decree or one to take effect at a future day, as the public interests shall seem to require. If, in the judgment of the court before whom such proceedings may be pending, the interruption of the business of the defendant corporation, joint-stock company, or other association will cause such serious public loss or inconvenience, the court may decline to enter an absolute decree enjoining it against proceeding with its business and may enter a conditional decree or such a decree to take effect at a future time, as justice shall require. The court may also, in its discretion, enjoin such officers, agents or servants of such corporation, joint-stock company or other association from continuing in its service and enjoin any such corporation, joint-stock company or other association from continuing their employment therein, as the case shall seem to require.
Source
Laws 1939, c. 77, § 5, p. 315;
C.S.Supp.,1941, § 59-527;
Laws 1943, c. 132, § 1, p. 444;
R.S.1943, § 59-508.
2023 Nebraska Revised Statutes › Chapter 59 - Monopolies and Unlawful Restraint of Trade › 59-802 - Monopolizing trade or commerce; unlawful; penalty.

59-802.
Monopolizing trade or commerce; unlawful; penalty.
Every person who shall monopolize, or attempt to monopolize, or combine or conspire with any other person or persons, to monopolize any part of the trade or commerce, within this state, shall be deemed guilty of a Class IV felony.
Source
Laws 1905, c. 162, § 2, p. 636;
R.S.1913, § 4046;
C.S.1922, § 3449;
C.S.1929, § 59-802;
R.S.1943, § 59-802;
Laws 1977, LB 39, § 64;
Laws 1983, LB 32, § 2.
Annotations
Monopolization consists of two elements: (1) the possession of monopoly power in the relevant market and (2) the willful acquisition or maintenance of that power as distinguished from growth or development as a consequence of a superior product, business acumen, or historic accident. Heath Consultants v. Precision Instruments, 247 Neb. 267, 527 N.W.2d 596 (1995).
Contract not to resell automobile was not monopolistic in character. Stanford Motor Co. v. Westman, 151 Neb. 850, 39 N.W.2d 841 (1949).
One attempting to monopolize electricity business in state by underselling competitors at less than fair market value violates public policy. State ex rel. Spillman v. Interstate Power Co., 118 Neb. 756, 226 N.W. 427 (1929).
2023 Nebraska Revised Statutes › Chapter 59 - Monopolies and Unlawful Restraint of Trade › 59-803 - Violation; property under contract forfeited.

59-803.
Violation; property under contract forfeited.
Any property owned under any contract or by any combination, or pursuant to any conspiracy, and being the subject thereof, mentioned in sections 59-801 and 59-802, shall be forfeited to the state.
Source
Laws 1905, c. 162, § 3, p. 636;
R.S.1913, § 4047;
C.S.1922, § 3450;
C.S.1929, § 59-803;
R.S.1943, § 59-803.
2023 Nebraska Revised Statutes › Chapter 59 - Monopolies and Unlawful Restraint of Trade › 59-804 - Business of corporations or other companies; conduct; investigation by Attorney General; powers.

59-804.
Business of corporations or other companies; conduct; investigation by Attorney General; powers.
The Attorney General of this state may at any time require of any corporation, joint-stock company, limited liability company, or other association engaged in business within this state, any statement he or she may think fit in regard to the conduct of its business. He or she may especially require any such corporation, joint-stock company, limited liability company, or other association to give a list of all contracts or transactions entered into within the twelve months preceding such requisition in which it has sold any article or product or carried any article or product within this state at a rate less than the ordinary market price if such article or product has been sold or carried by any other person than the party to such transaction. He or she may further require the reasons for such distinction and the circumstances attending the same.
Source
Laws 1905, c. 162, § 5, p. 638;
R.S.1913, § 4049;
C.S.1922, § 3452;
C.S.1929, § 59-805;
Laws 1939, c. 76, § 1, p. 312;
C.S.Supp.,1941, § 59-805;
R.S.1943, § 59-804;
Laws 1993, LB 121, § 359.
Annotations
The purpose of requiring statements to be filed with the Attorney General is to aid him in enforcing the Junkin Act. State v. American Surety Co., 91 Neb. 22, 135 N.W. 365, Ann. Cas. 1913B 973 (1912).