reglab/statecodes huggingface dataset:
2023 Nebraska Revised Statutes › Chapter 58 - Money and Financing › 58-705 - Department of Economic Development; Affordable Housing Trust Fund; duties.

58-705.
Department of Economic Development; Affordable Housing Trust Fund; duties.
The Department of Economic Development shall use the Affordable Housing Trust Fund to finance loans, grants, subsidies, credit enhancements, and other financial assistance for community affordable housing projects and for expenses of the department as appropriated by the Legislature for administering the fund.
Source
Laws 1996, LB 1322, § 15.
2023 Nebraska Revised Statutes › Chapter 58 - Money and Financing › 58-706 - Affordable Housing Trust Fund; eligible activities.

58-706.
Affordable Housing Trust Fund; eligible activities.
The following activities are eligible for assistance from the Affordable Housing Trust Fund:
(1) New construction, rehabilitation, or acquisition of housing to assist low-income and very low-income families;
(2) Matching funds for new construction, rehabilitation, or acquisition of housing units to assist low-income and very low-income families;
(3) Technical assistance, design and finance services, and consultation for eligible nonprofit community or neighborhood-based organizations involved in the creation of affordable housing;
(4) Matching funds for operating costs for housing assistance groups or organizations when such grant or loan will substantially increase the recipient's ability to produce affordable housing;
(5) Mortgage insurance guarantees for eligible projects;
(6) Acquisition of housing units for the purpose of preservation of housing to assist low-income or very low-income families;
(7) Projects making affordable housing more accessible to families with elderly members or members who have disabilities;
(8) Projects providing housing in areas determined by the Department of Economic Development to be of critical importance for the continued economic development and economic well-being of the community and where, as determined by the department, a shortage of affordable housing exists;
(9) Infrastructure projects necessary for the development of affordable housing;
(10) Downpayment and closing cost assistance;
(11) Demolition of existing vacant, condemned, or obsolete housing or industrial buildings or infrastructure;
(12) Housing education programs developed in conjunction with affordable housing projects. The education programs must be directed toward:
(a) Preparing potential home buyers to purchase affordable housing and postpurchase education;
(b) Target audiences eligible to utilize the services of housing assistance groups or organizations; and
(c) Developers interested in the rehabilitation, acquisition, or construction of affordable housing;
(13) Support for efforts to improve programs benefiting homeless youth;
(14) Vocational training in the housing and construction trades industries by nonprofit groups; and
(15) Weatherization and solar or other energy improvements to make utilities for housing more affordable.
Source
Laws 1996, LB 1322, § 16;
Laws 2004, LB 1083, § 101;
Laws 2005, LB 40, § 2;
Laws 2011, LB388, § 12;
Laws 2011, LB413, § 1;
Laws 2013, LB199, § 25;
Laws 2021, LB384, § 8.
2023 Nebraska Revised Statutes › Chapter 58 - Money and Financing › 58-707 - Assistance; qualified recipients.

58-707.
Assistance; qualified recipients.
Organizations which may receive assistance under the Nebraska Affordable Housing Act are governmental subdivisions, local housing authorities, community action agencies, community-based or neighborhood-based or reservation-based nonprofit organizations, and for-profit entities working in conjunction with one of the other eligible organizations. For-profit entities that are eligible under this section shall be required to provide, or cause to be provided, matching funds for the eligible activity in an amount determined by the Department of Economic Development, which amount shall be at least equal to ten percent of the amount of assistance provided by the Affordable Housing Trust Fund. Political subdivisions, local housing authorities, community action agencies, and community-based, neighborhood-based, and reservation-based nonprofit organizations shall not be required to provide, or cause to be provided, such matching funds. Nothing in the act shall be construed to allow individuals to receive direct loans from the Affordable Housing Trust Fund.
Source
Laws 1996, LB 1322, § 17;
Laws 1997, LB 864, § 10;
Laws 2019, LB86, § 7.
2023 Nebraska Revised Statutes › Chapter 58 - Money and Financing › 58-708 - Department of Economic Development; selection of projects to receive assistance; duties; recapture funds; when.

58-708.
Department of Economic Development; selection of projects to receive assistance; duties; recapture funds; when.
(1) During each calendar year in which funds are available from the Affordable Housing Trust Fund for use by the Department of Economic Development, the department shall make its best efforts to allocate not less than thirty percent of such funds to each congressional district. The department shall announce a grant and loan application period of at least ninety days duration for all projects. In selecting projects to receive trust fund assistance, the department shall develop a qualified allocation plan and give first priority to financially viable projects that serve the lowest income occupants for the longest period of time. The qualified allocation plan shall:
(a) Set forth selection criteria to be used to determine housing priorities of the housing trust fund which are appropriate to local conditions, including the community's immediate need for affordable housing, proposed increases in home ownership, private dollars leveraged, level of local government support and participation, and repayment, in part or in whole, of financial assistance awarded by the fund; and
(b) Give first priority in allocating trust fund assistance among selected projects to those projects which are located in whole or in part within an enterprise zone designated pursuant to the Enterprise Zone Act or an opportunity zone designated pursuant to the federal Tax Cuts and Jobs Act, Public Law 115-97, serve the lowest income occupant, are located in an area that has been declared an extremely blighted area under section 18-2101.02, and are obligated to serve qualified occupants for the longest period of time.
(2) The department shall fund in order of priority as many applications as will utilize available funds less actual administrative costs of the department in administering the program. In administering the program the department may contract for services or directly provide funds to other governmental entities or instrumentalities.
(3) The department may recapture any funds which were allocated to a qualified recipient for an eligible project through an award agreement if such funds were not utilized for eligible costs within the time of performance under the agreement and are therefor no longer obligated to the project. The recaptured funds shall be credited to the Affordable Housing Trust Fund.
Source
Laws 1996, LB 1322, § 18;
Laws 2005, LB 40, § 3;
Laws 2011, LB388, § 13;
Laws 2014, LB800, § 5;
Laws 2014, LB906, § 17;
Laws 2015, LB457, § 1;
Laws 2017, LB217, § 3;
Laws 2019, LB86, § 8;
Laws 2019, LB87, § 1.
Cross References
Enterprise Zone Act, see section 13-2101.01.
2023 Nebraska Revised Statutes › Chapter 58 - Money and Financing › 58-709 - Rules and regulations.

58-709.
Rules and regulations.
The Department of Economic Development, in consultation with the Nebraska Investment Finance Authority and the housing advisory committee established in section 58-704, shall adopt and promulgate rules and regulations to carry out the Nebraska Affordable Housing Act. The department shall monitor programs to see that only qualified individuals and families are occupying projects funded by the Affordable Housing Trust Fund.
Source
Laws 1996, LB 1322, § 19.
2023 Nebraska Revised Statutes › Chapter 58 - Money and Financing › 58-711 - Information on status of Affordable Housing Trust Fund; report; contents.

58-711.
Information on status of Affordable Housing Trust Fund; report; contents.
(1) The Department of Economic Development shall submit, as part of the department's annual status report under section 81-1201.11, the following information regarding the Affordable Housing Trust Fund: (a) The applications funded during the previous calendar year; (b) the applications funded in previous years; (c) the identity of the organizations receiving funds; (d) the location of each project; (e) the amount of funding provided to each project; (f) the amount of funding leveraged as a result of each project; (g) the number of units of housing created by each project and the occupancy rate; (h) the expected cost of rent or monthly payment of those units; (i) the projected number of new employees and community investment as a result of each project; (j) the amount of revenue deposited into the Affordable Housing Trust Fund pursuant to section 76-903; (k) the total amount of funds for which applications were received during the previous calendar year, the year-end fund balance, and, if all available funds have not been committed, an explanation of the reasons why all such funds have not been so committed; (l) the amount of appropriated funds actually expended by the department for the previous calendar year; (m) the department's current budget for administration of the Nebraska Affordable Housing Act and the department's planned use and distribution of funds, including details on the amount of funds to be expended on projects and the amount of funds to be expended by the department for administrative purposes; and (n) project summaries, including the applicant municipality, project description, grant amount requested, amount and type of matching funds, and reasons for approval or denial for every application seeking funds during the previous calendar year.
(2) The status report shall contain no information that is protected by state or federal confidentiality laws.
Source
Laws 1997, LB 864, § 7;
Laws 2011, LB404, § 3;
Laws 2013, LB214, § 10;
Laws 2019, LB86, § 9.
2023 Nebraska Revised Statutes › Chapter 58 - Money and Financing › 58-801 - Act, how cited.

58-801.
Act, how cited.
Sections 58-801 to 58-866 shall be known and may be cited as the Nebraska Educational, Health, Cultural, and Social Services Finance Authority Act.
Source
Laws 1981, LB 321, § 2;
Laws 1993, LB 465, § 2;
R.S.1943, (1994), § 79-2902;
Laws 1995, LB 5, § 2;
R.S.1943, (2008), § 85-1701;
Laws 2013, LB170, § 1;
Laws 2019, LB224, § 1.
2023 Nebraska Revised Statutes › Chapter 58 - Money and Financing › 58-803 - Definitions, where found.

58-803.
Definitions, where found.
For purposes of the Nebraska Educational, Health, Cultural, and Social Services Finance Authority Act, unless the context otherwise requires, the definitions found in sections 58-804 to 58-812 shall apply.
Source
Laws 1981, LB 321, § 3;
Laws 1983, LB 159, § 14;
Laws 1993, LB 465, § 3;
R.S.1943, (1994), § 79-2903;
Laws 1995, LB 5, § 3;
R.S.1943, (2008), § 85-1703;
Laws 2013, LB170, § 3;
Laws 2019, LB224, § 3.
2023 Nebraska Revised Statutes › Chapter 58 - Money and Financing › 58-804 - Authority, defined.

58-804.
Authority, defined.
Authority means the Nebraska Educational, Health, Cultural, and Social Services Finance Authority created by the Nebraska Educational, Health, Cultural, and Social Services Finance Authority Act or any board, body, commission, department, or office succeeding to the principal functions thereof or to whom the powers conferred upon such authority by the act are given by law.
Source
Laws 1981, LB 321, § 4;
Laws 1993, LB 465, § 4;
R.S.1943, (1994), § 79-2904;
Laws 1995, LB 5, § 4;
R.S.1943, (2008), § 85-1704;
Laws 2013, LB170, § 4;
Laws 2019, LB224, § 4.
2023 Nebraska Revised Statutes › Chapter 58 - Money and Financing › 58-805 - Bonds, defined.

58-805.
Bonds, defined.
Bonds means bonds, notes, or other obligations of the authority issued under the Nebraska Educational, Health, Cultural, and Social Services Finance Authority Act, including refunding bonds, notwithstanding that the same may be secured by the full faith and credit of an eligible institution or any other lawfully pledged security of an eligible institution.
Source
Laws 1981, LB 321, § 8;
Laws 1993, LB 465, § 6;
R.S.1943, (1994), § 79-2908;
Laws 1995, LB 5, § 5;
R.S.1943, (2008), § 85-1705;
Laws 2013, LB170, § 5;
Laws 2019, LB224, § 5.
2023 Nebraska Revised Statutes › Chapter 58 - Money and Financing › 58-806 - Cost, defined.

58-806.
Cost, defined.
Cost as applied to a project or any portion thereof financed under the Nebraska Educational, Health, Cultural, and Social Services Finance Authority Act means all or any part of the cost of acquisition, construction, improvement, equipment, and renovation of all land, buildings, or structures including the cost of machinery and equipment; finance charges; interest prior to, during, and after completion of such construction for a reasonable period as determined by the authority; reserves for principal and interest; extensions, enlargements, additions, replacements, renovations, and improvements; engineering, financial, and legal services; plans, specifications, studies, surveys, estimates of cost of revenue, administrative expenses, bond issuance costs, and expenses necessary or incidental to determining the feasibility or practicability of constructing the project; and such other expenses as the authority determines may be necessary or incidental to the acquisition, construction, improvement, equipment, and renovation of the project, the financing of such acquisition, construction, improvement, equipment, and renovation, and the placing of the project in operation.
Source
Laws 1981, LB 321, § 7;
Laws 1993, LB 465, § 5;
R.S.1943, (1994), § 79-2907;
Laws 1995, LB 5, § 6;
R.S.1943, (2008), § 85-1706;
Laws 2013, LB170, § 6;
Laws 2019, LB224, § 6.
2023 Nebraska Revised Statutes › Chapter 58 - Money and Financing › 58-807 - Eligible institution, defined.

58-807.
Eligible institution, defined.
Eligible institution means a private institution of higher education, a private health care institution, a private cultural institution, or a private social services institution.
Source
Laws 2013, LB170, § 7;
Laws 2019, LB224, § 7.
2023 Nebraska Revised Statutes › Chapter 58 - Money and Financing › 58-807.01 - Private cultural institution, defined.

58-807.01.
Private cultural institution, defined.
Private cultural institution means any private not-for-profit corporation or institution that (1) has a primary purpose of promoting cultural education or development, such as a museum or related visual arts center, performing arts facility, or facility housing, incubating, developing, or promoting art, music, theater, dance, zoology, botany, natural history, cultural history, or the sciences, (2) is described in section 501(c)(3) of the Internal Revenue Code and is exempt from federal income taxation under section 501(a) of the code, (3) is located within this state and is not owned or controlled by the state or any municipality, district, or other political subdivision, agency, or instrumentality thereof, and (4) does not violate any state or federal law against discrimination.
Source
Laws 2019, LB224, § 8.
2023 Nebraska Revised Statutes › Chapter 58 - Money and Financing › 58-808 - Private health care institution, defined.

58-808.
Private health care institution, defined.
Private health care institution means any private not-for-profit corporation or institution that (1) is licensed under the Health Care Facility Licensure Act, (2) is described in section 501(c)(3) of the Internal Revenue Code and is exempt from federal income taxation under section 501(a) of the Internal Revenue Code, (3) is located within this state and is not owned or controlled by the state or any political subdivision, agency, instrumentality, district, or municipality thereof, and (4) does not violate any Nebraska or federal law against discrimination on the basis of race, color, creed, national origin, ancestry, age, gender, or handicap.
Source
Laws 2013, LB170, § 8.
Cross References
Health Care Facility Licensure Act, see section 71-401.
2023 Nebraska Revised Statutes › Chapter 58 - Money and Financing › 58-809 - Private institution of higher education, defined.

58-809.
Private institution of higher education, defined.
Private institution of higher education means a not-for-profit educational institution located within this state which is not owned or controlled by the state or any political subdivision, agency, instrumentality, district, or municipality thereof, which is authorized by law to provide a program of education beyond the high school level, and which:
(1) Admits as regular students only individuals having a certificate of graduation from a high school or the recognized equivalent of such a certificate;
(2) Provides an educational program for which it awards a bachelor's degree; provides an educational program, admission into which is conditioned upon the prior attainment of a bachelor's degree or its equivalent, for which it awards a postgraduate degree; provides a program of not less than two years in length which is acceptable for full credit toward a bachelor's degree; or offers a two-year program in engineering, mathematics, or the physical or biological sciences which is designed to prepare the student to work as a technician and at a semiprofessional level in engineering, research, medicine, or other technological fields which require the understanding and application of basic engineering, scientific, or mathematical principles or knowledge;
(3) Is accredited by an accrediting agency or association or, if not so accredited, is an institution whose credits are accepted, on transfer, by not less than three institutions which are so accredited, for credit on the same basis as if transferred from an institution so accredited; and
(4) Has a student admissions policy that does not violate any other Nebraska or federal law against discrimination on the basis of race, color, creed, national origin, ancestry, age, gender, or handicap.
Source
Laws 1981, LB 321, § 9;
R.S.1943, (1994), § 79-2909;
Laws 1995, LB 5, § 7;
Laws 1998, LB 303, § 1;
R.S.1943, (2008), § 85-1707;
Laws 2013, LB170, § 9;
Laws 2021, LB528, § 12.
2023 Nebraska Revised Statutes › Chapter 58 - Money and Financing › 58-810 - Private social services institution, defined.

58-810.
Private social services institution, defined.
Private social services institution means any private not-for-profit corporation or institution that (1) provides health, safety, and welfare assistance, including emergency, social, housing, and related support services, to members of the general public in the state, (2) is described in section 501(c)(3) of the Internal Revenue Code and is exempt from federal income taxation under section 501(a) of the Internal Revenue Code, (3) is located within this state and is not owned or controlled by the state or any political subdivision, agency, instrumentality, district, or municipality thereof, and (4) does not violate any Nebraska or federal law against discrimination on the basis of race, color, creed, national origin, ancestry, age, gender, or handicap.
Source
Laws 2013, LB170, § 10.
2023 Nebraska Revised Statutes › Chapter 58 - Money and Financing › 58-811 - Project, defined.

58-811.
Project, defined.
(1) Project means any property located within the state that may be used or will be useful in connection with the instruction, feeding, recreation, or housing of students, the provision of health care services to members of the general public, the provision of cultural services to members of the general public, the provision of social services to members of the general public, the conducting of research, administration, or other work of an eligible institution, or any combination of the foregoing. Project includes, but is not limited to, an academic facility, administrative facility, agricultural facility, assembly hall, assisted-living facility, athletic facility, auditorium, campus, communication facility, congregate care housing, emergency services facility, exhibition hall, health care facility, health service institution, hospital, housing for faculty and other staff, instructional facility, laboratory, library, maintenance facility, medical clinic, medical services facility, museum, nursing or skilled nursing services facility, offices, parking area, personal care services facility, physical educational facility, recreational facility, research facility, senior, retirement, or home care services facility, social services facility, stadium, storage facility, student facility, student health facility, student housing, student union, theatre, or utility facility.
(2) Project also means and includes the refunding or refinancing of outstanding obligations, mortgages, or advances, including advances from an endowment or similar fund, originally issued, made, or given by the eligible institution to finance the cost of a project or projects, and including the financing of eligible swap termination payments, whenever the authority finds that such refunding or refinancing is in the public interest and either:
(a) Alleviates a financial hardship upon the eligible institution;
(b) Results in a lesser cost of education, health care, housing, cultural services, or social and related support services to the eligible institution's students, patients, residents, clients, and other general public consumers; or
(c) Enables the eligible institution to offer greater security for the financing of a new project or projects or to effect savings in interest costs or more favorable amortization terms.
Source
Laws 1981, LB 321, § 5;
R.S.1943, (1994), § 79-2905;
Laws 1995, LB 5, § 8;
R.S.1943, (2008), § 85-1708;
Laws 2013, LB170, § 11;
Laws 2019, LB224, § 9.
2023 Nebraska Revised Statutes › Chapter 58 - Money and Financing › 58-812 - Property, defined.

58-812.
Property, defined.
Property means the real estate upon which a project is or will be located, including equipment, machinery, and other similar items necessary or convenient for the operation of the project in the manner for which its use is intended, but not including such items as fuel, supplies, or other items that are customarily deemed to result in a current operation charge. Property does not include any property used or to be used primarily for sectarian instruction or study or as a place for devotional activities or religious worship nor any property which is used or to be used primarily in connection with any part of the program of a school or department of divinity for any religious denomination or the training of ministers, priests, rabbis, or other professional persons in the field of religion.
Source
Laws 1981, LB 321, § 6;
R.S.1943, (1994), § 79-2906;
Laws 1995, LB 5, § 9;
R.S.1943, (2008), § 85-1709;
Laws 2013, LB170, § 12.
2023 Nebraska Revised Statutes › Chapter 58 - Money and Financing › 58-813 - Nebraska Educational, Health, Cultural, and Social Services Finance Authority; created.

58-813.
Nebraska Educational, Health, Cultural, and Social Services Finance Authority; created.
There is hereby created a body politic and corporate to be known as the Nebraska Educational, Health, Cultural, and Social Services Finance Authority. The authority is constituted a public instrumentality, and the exercise by the authority of the powers conferred by the Nebraska Educational, Health, Cultural, and Social Services Finance Authority Act shall be deemed and held to be the performance of an essential public function of the state.
Source
Laws 1981, LB 321, § 10;
Laws 1993, LB 465, § 7;
R.S.1943, (1994), § 79-2910;
Laws 1995, LB 5, § 10;
R.S.1943, (2008), § 85-1710;
Laws 2013, LB170, § 13;
Laws 2019, LB224, § 10.
2023 Nebraska Revised Statutes › Chapter 58 - Money and Financing › 58-815 - Authority; officers; executive director; compensation; receive contributions.

58-815.
Authority; officers; executive director; compensation; receive contributions.
Each year the authority shall elect one of its members as chairperson and another member as vice-chairperson. It may appoint an executive director and assistant executive director, who shall not be members of the authority but who shall serve at the pleasure of the authority. An assistant executive director shall perform the duties of the executive director in the event of the absence or inability to act of the executive director. They shall receive such compensation as shall be fixed by the authority. The authority may receive contributions to fund any of the expenses of the authority from private donors, including any one or more of the eligible institutions or any one or more associations representing the eligible institutions.
Source
Laws 1981, LB 321, § 12;
Laws 1993, LB 465, § 8;
R.S.1943, (1994), § 79-2912;
Laws 1995, LB 5, § 12;
R.S.1943, (2008), § 85-1712;
Laws 2013, LB170, § 15.
2023 Nebraska Revised Statutes › Chapter 58 - Money and Financing › 58-816 - Authority; keep records and accounts; seal; certified copies.

58-816.
Authority; keep records and accounts; seal; certified copies.
The executive director, assistant executive director, or any other person designated by resolution of the authority shall keep records and accounts of all proceedings and financial dealings of the authority, shall be custodian of all books, documents, and papers filed with the authority, the minute book or journal of the authority, and its official seal, and shall be custodian of all funds of the authority. The executive director, assistant executive director, or other designated person may cause copies to be made of all minutes and other records and documents of the authority and may give certificates under the official seal of the authority to the effect that such copies are true copies, and all persons dealing with the authority may rely upon such certificates.
Source
Laws 1981, LB 321, § 13;
R.S.1943, (1994), § 79-2913;
Laws 1995, LB 5, § 13;
R.S.1943, (2008), § 85-1713;
Laws 2013, LB170, § 16.
2023 Nebraska Revised Statutes › Chapter 58 - Money and Financing › 58-817 - Authority; quorum; actions; vacancy; effect; meetings.

58-817.
Authority; quorum; actions; vacancy; effect; meetings.
Four members of the authority shall constitute a quorum. The affirmative vote of a majority of all of the members of the authority shall be necessary for any action taken by the authority. A vacancy in the membership of the authority shall not impair the right of a quorum to exercise all the rights and perform all the duties of the authority. Any action taken by the authority under the Nebraska Educational, Health, Cultural, and Social Services Finance Authority Act may be authorized by resolution at any regular or special meeting, and each such resolution shall take effect immediately and need not be published or posted. Members of the authority may participate in a regular or special meeting of the authority by virtual conferencing as long as the chairperson or vice-chairperson conducts the meeting at a location where the public is able to participate by attendance at that location and the virtual conferencing otherwise conforms to the requirements of subsection (2) of section 84-1411.
Source
Laws 1981, LB 321, § 14;
Laws 1984, LB 644, § 2;
Laws 1993, LB 465, § 9;
R.S.1943, (1994), § 79-2914;
Laws 1995, LB 5, § 14;
R.S.1943, (2008), § 85-1714;
Laws 2013, LB170, § 17;
Laws 2019, LB224, § 11;
Laws 2021, LB83, § 7.
2023 Nebraska Revised Statutes › Chapter 58 - Money and Financing › 58-818 - Authority; officers, members, and employees; surety bond requirements.

58-818.
Authority; officers, members, and employees; surety bond requirements.
Before the issuance of any bonds under the Nebraska Educational, Health, Cultural, and Social Services Finance Authority Act, the chairperson, vice-chairperson, executive director, and assistant executive director, if any, and any other member of the authority authorized by resolution of the authority to handle funds or sign checks of the authority shall execute a surety bond in such amount as a majority of the members of the authority determine, or alternatively, the chairperson of the authority shall execute a blanket bond effecting such coverage. Each surety bond shall be conditioned upon the faithful performance of the duties of the office or offices covered and shall be executed by a surety company authorized to transact business in this state, and the cost of each such surety bond shall be paid by the authority.
Source
Laws 1981, LB 321, § 15;
Laws 1993, LB 465, § 10;
R.S.1943, (1994), § 79-2915;
Laws 1995, LB 5, § 15;
R.S.1943, (2008), § 85-1715;
Laws 2013, LB170, § 18;
Laws 2019, LB224, § 12.
2023 Nebraska Revised Statutes › Chapter 58 - Money and Financing › 58-819 - Authority; members; expenses.

58-819.
Authority; members; expenses.
The members of the authority shall receive no compensation for the performance of their duties as members, but each such member shall be reimbursed for expenses while engaged in the performance of such duties as provided in sections 81-1174 to 81-1177 from any funds legally available therefor.
Source
Laws 1981, LB 321, § 16;
R.S.1943, (1994), § 79-2916;
Laws 1995, LB 5, § 16;
R.S.1943, (2008), § 85-1716;
Laws 2013, LB170, § 19;
Laws 2020, LB381, § 52.
2023 Nebraska Revised Statutes › Chapter 58 - Money and Financing › 58-820 - Authority member or employee; conflict of interest; abstention.

58-820.
Authority member or employee; conflict of interest; abstention.
Notwithstanding any other law to the contrary, it shall not be or constitute a conflict of interest for a trustee, director, officer, or employee of any educational institution, health care institution, cultural institution, social services institution, financial institution, commercial bank or trust company, architecture firm, insurance company, or any firm, person, or corporation to serve as a member of the authority, but such trustee, director, officer, or employee shall abstain from any deliberation or action by the authority when the business affiliation of any such trustee, director, officer, or employee is involved. The executive director may serve less than full time. If the executive director serves less than full time, his or her other employment, if any, shall be reviewed by the members of the authority for potential conflicts of interest and whether such other employment would prevent the executive director from fully discharging his or her duties. No member of the authority may be a representative of a bank, investment banking firm, or other financial institution that underwrites the bonds of the authority.
Source
Laws 1981, LB 321, § 17;
R.S.1943, (1994), § 79-2917;
Laws 1995, LB 5, § 17;
R.S.1943, (2008), § 85-1717;
Laws 2013, LB170, § 20;
Laws 2019, LB224, § 13.
2023 Nebraska Revised Statutes › Chapter 58 - Money and Financing › 58-821 - Authority; purpose.

58-821.
Authority; purpose.
The purpose of the authority shall be to assist eligible institutions in the acquisition, construction, improvement, equipment, renovation, financing, and refinancing of projects and to administer and operate the Nebraska Health Education Assistance Loan Program as provided in sections 58-857 to 58-862 and the Nebraska Student Loan Assistance Program as provided in sections 58-863 to 58-865.
Source
Laws 1981, LB 321, § 18;
Laws 1983, LB 159, § 3;
Laws 1993, LB 465, § 11;
R.S.1943, (1994), § 79-2918;
Laws 1995, LB 5, § 18;
R.S.1943, (2008), § 85-1718;
Laws 2013, LB170, § 21.
2023 Nebraska Revised Statutes › Chapter 58 - Money and Financing › 58-822 - Authority; perpetual succession; bylaws.

58-822.
Authority; perpetual succession; bylaws.
The authority shall have perpetual succession as a body politic and corporate and may adopt bylaws for the regulation of its affairs and the conduct of its business.
Source
Laws 1981, LB 321, § 19;
R.S.1943, (1994), § 79-2919;
Laws 1995, LB 5, § 19;
R.S.1943, (2008), § 85-1719;
Laws 2013, LB170, § 22.
2023 Nebraska Revised Statutes › Chapter 58 - Money and Financing › 58-823 - Authority; adopt seal.

58-823.
Authority; adopt seal.
The authority may adopt an official seal and alter the same at its pleasure.
Source
Laws 1981, LB 321, § 20;
R.S.1943, (1994), § 79-2920;
Laws 1995, LB 5, § 20;
R.S.1943, (2008), § 85-1720;
Laws 2013, LB170, § 23.
2023 Nebraska Revised Statutes › Chapter 58 - Money and Financing › 58-824 - Authority; office; location.

58-824.
Authority; office; location.
The authority may maintain an office at such place or places within Nebraska as it may designate.
Source
Laws 1981, LB 321, § 21;
R.S.1943, (1994), § 79-2921;
Laws 1995, LB 5, § 21;
R.S.1943, (2008), § 85-1721;
Laws 2013, LB170, § 24.
2023 Nebraska Revised Statutes › Chapter 58 - Money and Financing › 58-825 - Authority; sue and be sued.

58-825.
Authority; sue and be sued.
The authority may sue and be sued in its own name.
Source
Laws 1981, LB 321, § 22;
R.S.1943, (1994), § 79-2922;
Laws 1995, LB 5, § 22;
R.S.1943, (2008), § 85-1722;
Laws 2013, LB170, § 25.
2023 Nebraska Revised Statutes › Chapter 58 - Money and Financing › 58-826 - Authority; powers over project.

58-826.
Authority; powers over project.
The authority may determine the location and character of any project to be financed or refinanced under the Nebraska Educational, Health, Cultural, and Social Services Finance Authority Act and acquire, construct, reconstruct, improve, equip, remodel, renovate, replace, maintain, repair, operate, lease as lessee or lessor, and regulate the same. The authority may also enter into contracts for any or all of such purposes, enter into contracts for the management and operation of a project, and designate an eligible institution as its agent to determine the location and character of a project undertaken by such eligible institution under the act and, as the agent of the authority, to acquire, construct, reconstruct, improve, equip, remodel, renovate, replace, maintain, repair, operate, lease as lessee or lessor, and regulate the same and, as the agent of the authority, to enter into contracts for any or all of such purposes, including contracts for the management and operation of such project.
Source
Laws 1981, LB 321, § 23;
Laws 1993, LB 465, § 12;
R.S.1943, (1994), § 79-2923;
Laws 1995, LB 5, § 23;
R.S.1943, (2008), § 85-1723;
Laws 2013, LB170, § 26;
Laws 2019, LB224, § 14.
2023 Nebraska Revised Statutes › Chapter 58 - Money and Financing › 58-827 - Authority; issuance of bonds authorized.

58-827.
Authority; issuance of bonds authorized.
The authority may issue bonds of the authority for any of its corporate purposes and fund or refund the same pursuant to the Nebraska Educational, Health, Cultural, and Social Services Finance Authority Act.
Source
Laws 1981, LB 321, § 24;
Laws 1993, LB 465, § 13;
R.S.1943, (1994), § 79-2924;
Laws 1995, LB 5, § 24;
R.S.1943, (2008), § 85-1724;
Laws 2013, LB170, § 27;
Laws 2019, LB224, § 15.
2023 Nebraska Revised Statutes › Chapter 58 - Money and Financing › 58-828 - Authority; charge for services.

58-828.
Authority; charge for services.
The authority may charge and collect rates, rents, fees, and other charges for the use of and for the services furnished or to be furnished by a project or any portion thereof and contract with any person, partnership, limited liability company, association, or corporation or other body public or private, except that the authority shall have no jurisdiction over rates, rents, fees, and charges established by an eligible institution for its students, patients, residents, clients, or other consumers other than to require that such rates, rents, fees, and charges by such eligible institution be sufficient to discharge such institution's obligation to the authority.
Source
Laws 1981, LB 321, § 25;
Laws 1993, LB 121, § 520;
R.S.1943, (1994), § 79-2925;
Laws 1995, LB 5, § 25;
R.S.1943, (2008), § 85-1725;
Laws 2013, LB170, § 28.
2023 Nebraska Revised Statutes › Chapter 58 - Money and Financing › 58-829 - Authority; rules and regulations for use of project; designate agent.

58-829.
Authority; rules and regulations for use of project; designate agent.
The authority may establish rules and regulations for the use of a project or any portion thereof and designate an eligible institution as its agent to establish rules and regulations for the use of a project undertaken by such eligible institution.
Source
Laws 1981, LB 321, § 26;
R.S.1943, (1994), § 79-2926;
Laws 1995, LB 5, § 26;
R.S.1943, (2008), § 85-1726;
Laws 2013, LB170, § 29.
2023 Nebraska Revised Statutes › Chapter 58 - Money and Financing › 58-830 - Authority; personnel.

58-830.
Authority; personnel.
The authority may employ consulting engineers, architects, attorneys, accountants, trustees, construction and finance experts, superintendents, managers, and such other employees and agents as may be necessary in its judgment, and fix their compensation.
Source
Laws 1981, LB 321, § 27;
R.S.1943, (1994), § 79-2927;
Laws 1995, LB 5, § 27;
R.S.1943, (2008), § 85-1727;
Laws 2013, LB170, § 30.
2023 Nebraska Revised Statutes › Chapter 58 - Money and Financing › 58-831 - Authority; receive loans, grants, and contributions.

58-831.
Authority; receive loans, grants, and contributions.
The authority may receive and accept from any source loans or grants for or in aid of the acquisition, construction, improvement, equipment, or renovation of a project or any portion thereof, and receive and accept from any source loans, grants, aid, or contributions of money, property, labor, or other things of value, to be held, used, and applied only for the purpose for which such loans, grants, aid, or contributions are made.
Source
Laws 1981, LB 321, § 28;
R.S.1943, (1994), § 79-2928;
Laws 1995, LB 5, § 28;
R.S.1943, (2008), § 85-1728;
Laws 2013, LB170, § 31.
2023 Nebraska Revised Statutes › Chapter 58 - Money and Financing › 58-832 - Authority; mortgage of certain property.

58-832.
Authority; mortgage of certain property.
The authority may mortgage all or any portion of any project or any other facilities conveyed to the authority for such purpose and the site or sites thereof, whether presently owned or subsequently acquired, for the benefit of the holders of the bonds of the authority issued to finance such project or any portion thereof or issued to refund or refinance outstanding indebtedness or to reimburse an endowment or any similar fund of an eligible institution as permitted by the Nebraska Educational, Health, Cultural, and Social Services Finance Authority Act.
Source
Laws 1981, LB 321, § 29;
Laws 1993, LB 465, § 14;
R.S.1943, (1994), § 79-2929;
Laws 1995, LB 5, § 29;
R.S.1943, (2008), § 85-1729;
Laws 2013, LB170, § 32;
Laws 2019, LB224, § 16.
2023 Nebraska Revised Statutes › Chapter 58 - Money and Financing › 58-833 - Authority; loans authorized; limitation.

58-833.
Authority; loans authorized; limitation.
The authority may make loans to any eligible institution for the cost of any project or in anticipation of the receipt of tuition or other revenue by the eligible institution in accordance with an agreement between the authority and such eligible institution, except that (1) no such loan shall exceed the total cost of such project as determined by such eligible institution and approved by the authority and (2) any loan made in anticipation of the receipt of tuition or other revenue shall not exceed the anticipated amount of tuition or other revenue to be received by the eligible institution in the one-year period following the date of such loan.
Source
Laws 1981, LB 321, § 30;
R.S.1943, (1994), § 79-2930;
Laws 1995, LB 5, § 30;
Laws 2003, LB 107, § 1;
R.S.1943, (2008), § 85-1730;
Laws 2013, LB170, § 33.
2023 Nebraska Revised Statutes › Chapter 58 - Money and Financing › 58-834 - Authority; issue bonds; make loans; conditions.

58-834.
Authority; issue bonds; make loans; conditions.
The authority may issue bonds and make loans to an eligible institution and refund or reimburse outstanding obligations, mortgages, or advances, including advances from an endowment or any similar fund, issued, made, or given by such eligible institution for the cost of a project, including the power to issue bonds and make loans to an eligible institution to refinance indebtedness incurred or to reimburse advances made for projects undertaken prior thereto whenever the authority has received a written letter of intent to underwrite, place, or purchase the bonds from a financial institution having the powers of an investment bank, commercial bank, or trust company and finds that such financing or refinancing is in the public interest, and either: (1) Alleviates a financial hardship upon the eligible institution; (2) results in a lesser cost of education, health care services, cultural services, or social services; or (3) enables the eligible institution to offer greater security for a loan or loans to finance a new project or projects or to effect savings in interest costs or more favorable amortization terms.
Source
Laws 1981, LB 321, § 31;
R.S.1943, (1994), § 79-2931;
Laws 1995, LB 5, § 31;
R.S.1943, (2008), § 85-1731;
Laws 2013, LB170, § 34;
Laws 2019, LB224, § 17.
2023 Nebraska Revised Statutes › Chapter 58 - Money and Financing › 58-835 - Authority; administrative costs; apportionment.

58-835.
Authority; administrative costs; apportionment.
The authority may charge to and equitably apportion among participating eligible institutions its administrative costs and expenses incurred in the exercise of the powers and duties conferred by the Nebraska Educational, Health, Cultural, and Social Services Finance Authority Act.
Source
Laws 1981, LB 321, § 32;
Laws 1993, LB 465, § 15;
R.S.1943, (1994), § 79-2932;
Laws 1995, LB 5, § 32;
R.S.1943, (2008), § 85-1732;
Laws 2013, LB170, § 35;
Laws 2019, LB224, § 18.
2023 Nebraska Revised Statutes › Chapter 58 - Money and Financing › 58-836 - Authority; general powers; joint projects.

58-836.
Authority; general powers; joint projects.
The authority may do all things necessary or convenient to carry out the purposes of the Nebraska Educational, Health, Cultural, and Social Services Finance Authority Act.
In carrying out the purposes of the act, the authority may undertake a project for two or more eligible institutions jointly, or for any combination thereof, and thereupon all other provisions of the act shall apply to and be for the benefit of the authority and such joint participants.
Source
Laws 1981, LB 321, § 33;
Laws 1993, LB 465, § 16;
R.S.1943, (1994), § 79-2933;
Laws 1995, LB 5, § 33;
R.S.1943, (2008), § 85-1733;
Laws 2013, LB170, § 36;
Laws 2019, LB224, § 19.
2023 Nebraska Revised Statutes › Chapter 58 - Money and Financing › 58-837 - Authority; combine and substitute projects; bonds; additional series.

58-837.
Authority; combine and substitute projects; bonds; additional series.
Notwithstanding any other provision contained in the Nebraska Educational, Health, Cultural, and Social Services Finance Authority Act, the authority may combine for financing purposes, with the consent of all of the eligible institutions which are involved, the project or projects and some or all future projects of any eligible institutions, but the money set aside in any fund or funds pledged for any series or issue of bonds shall be held for the sole benefit of such series or issue separate and apart from any money pledged for any other series or issue of bonds of the authority. To facilitate the combining of projects, bonds may be issued in series under one or more resolutions or trust indentures and be fully open end, thus providing for the unlimited issuance of additional series, or partially open end, limited as to additional series, all in the discretion of the authority. Notwithstanding any other provision of the act to the contrary, the authority may, in its discretion, permit an eligible institution to substitute one or more projects of equal value, as determined by an independent appraiser satisfactory to the authority, for any project financed under the act on such terms and subject to such conditions as the authority may prescribe.
Source
Laws 1981, LB 321, § 34;
Laws 1993, LB 465, § 17;
R.S.1943, (1994), § 79-2934;
Laws 1995, LB 5, § 34;
R.S.1943, (2008), § 85-1734;
Laws 2013, LB170, § 37;
Laws 2019, LB224, § 20.
2023 Nebraska Revised Statutes › Chapter 58 - Money and Financing › 58-838 - Expenses; how paid; liability; limitation.

58-838.
Expenses; how paid; liability; limitation.
All expenses incurred in carrying out the Nebraska Educational, Health, Cultural, and Social Services Finance Authority Act shall be payable solely from funds provided under the act, and no liability or obligation shall be incurred by the authority beyond the extent to which money has been provided under the act.
Source
Laws 1981, LB 321, § 35;
Laws 1993, LB 465, § 18;
R.S.1943, (1994), § 79-2935;
Laws 1995, LB 5, § 35;
R.S.1943, (2008), § 85-1735;
Laws 2013, LB170, § 38;
Laws 2019, LB224, § 21.
2023 Nebraska Revised Statutes › Chapter 58 - Money and Financing › 58-839 - Authority; acquisition of property.

58-839.
Authority; acquisition of property.
The authority is authorized and empowered, directly or by and through an eligible institution, as its agent, to acquire by purchase, gift, or devise, such lands, structures, property, real or personal, rights, rights-of-way, franchises, easements, and other interests in lands, and including existing facilities of an eligible institution, as it may deem necessary or convenient for the acquisition, construction, improvement, equipment, renovation, or operation of a project, upon such terms and at such prices as may be considered by it to be reasonable and can be agreed upon between the authority and the owner thereof, and to take title thereto in the name of the authority or in the name of an eligible institution as its agent.
Source
Laws 1981, LB 321, § 36;
R.S.1943, (1994), § 79-2936;
Laws 1995, LB 5, § 36;
R.S.1943, (2008), § 85-1736;
Laws 2013, LB170, § 39.
2023 Nebraska Revised Statutes › Chapter 58 - Money and Financing › 58-840 - Authority; financing obligations completed; convey title to eligible institution.

58-840.
Authority; financing obligations completed; convey title to eligible institution.
When the principal of and interest on bonds of the authority issued to finance the cost of a particular project or projects for an eligible institution, including any refunding bonds issued to refund and refinance such bonds, have been fully paid and retired or when adequate provision has been made to fully pay and retire the same, and all other conditions of the resolution and any trust indenture authorizing the same have been satisfied and the lien created by such resolution or trust indenture has been released in accordance with the provisions thereof, the authority shall promptly do such things and execute such deeds, conveyances, and other instruments, if any, as are necessary and required to convey title to such project or projects to such eligible institution.
Source
Laws 1981, LB 321, § 37;
R.S.1943, (1994), § 79-2937;
Laws 1995, LB 5, § 37;
R.S.1943, (2008), § 85-1737;
Laws 2013, LB170, § 40.