reglab/statecodes huggingface dataset:
2023 Nebraska Revised Statutes › Chapter 77 - Revenue and Taxation › 77-2382 - Local hospital district; secretary-treasurer; duty.

77-2382.
Local hospital district; secretary-treasurer; duty.
It shall be the duty of the secretary-treasurer to use all reasonable and proper means to secure to the local hospital district the best terms for the depositing of the money belonging to the local hospital district consistent with the safekeeping and prompt payment of the funds of the local hospital district when demanded.
Source
Laws 1994, LB 1118, § 14.
2023 Nebraska Revised Statutes › Chapter 77 - Revenue and Taxation › 77-2383 - Local hospital district; secretary-treasurer; prohibited acts; violation; penalty; liability on bond.

77-2383.
Local hospital district; secretary-treasurer; prohibited acts; violation; penalty; liability on bond.
The making of profit, directly or indirectly, by the secretary-treasurer out of any money in the local hospital district treasury belonging to the local hospital district, the custody of which the secretary-treasurer is charged with, by loaning or depositing or otherwise using or depositing the same in any manner, or the removal by the secretary-treasurer or by his or her consent of such money or a part thereof out of the vault of the secretary-treasurer's department or any legal depository of such money, except for the payment of warrants legally drawn or for the purpose of depositing the same in the banks, capital stock financial institutions, or qualifying mutual financial institutions selected as depositories under the provisions of sections 77-2369 to 77-2385, shall be deemed a Class IV felony, and the secretary-treasurer shall also be liable under and upon his or her official bond for all profits realized from such unlawful using of such funds.
Source
Laws 1994, LB 1118, § 15;
Laws 2001, LB 362, § 80.
2023 Nebraska Revised Statutes › Chapter 77 - Revenue and Taxation › 77-2384 - Local hospital district; secretary-treasurer; violation; penalty; recovery under bond; procedure.

77-2384.
Local hospital district; secretary-treasurer; violation; penalty; recovery under bond; procedure.
If the secretary-treasurer shall willfully fail or refuse at any time to do or perform any act required of him or her by sections 77-2369 to 77-2385, he or she shall be guilty of a Class I misdemeanor. It shall be the duty of the appropriate county attorney or the Attorney General to enter and prosecute to final determination all suits for the recovery of any penalty arising under the conditions of any bond required to be given by the provisions of such sections.
Source
Laws 1994, LB 1118, § 16.
2023 Nebraska Revised Statutes › Chapter 77 - Revenue and Taxation › 77-2385 - Local hospital district; time deposits authorized; requirements.

77-2385.
Local hospital district; time deposits authorized; requirements.
The secretary-treasurers of the various local hospital districts of the state may, upon resolution of their respective boards of directors authorizing such action, make time deposits in banks, capital stock financial institutions, or qualifying mutual financial institutions selected as depositories of the local hospital district funds under sections 77-2369 to 77-2372. The time deposits shall bear interest and shall be secured as set forth in section 77-2304 or 77-2378, except that the amount insured or guaranteed by the Federal Deposit Insurance Corporation shall be exempt from the requirement of being secured as provided by section 77-2378 or by bonds similar to the bond required and set forth in section 77-2304. Section 77-2366 shall apply to deposits in capital stock financial institutions. Section 77-2365.01 shall apply to deposits in qualifying mutual financial institutions.
Source
Laws 1994, LB 1118, § 17;
Laws 2001, LB 362, § 81;
Laws 2009, LB259, § 25.
2023 Nebraska Revised Statutes › Chapter 77 - Revenue and Taxation › 77-2386 - Act, how cited.

77-2386.
Act, how cited.
Sections 77-2386 to 77-23,108 shall be known and may be cited as the Public Funds Deposit Security Act.
Source
Laws 1996, LB 1274, § 1;
Laws 2000, LB 932, § 38;
Laws 2019, LB622, § 1.
2023 Nebraska Revised Statutes › Chapter 77 - Revenue and Taxation › 77-2388 - Authorized depositories; security; requirements.

77-2388.
Authorized depositories; security; requirements.
Any bank, capital stock financial institution, or qualifying mutual financial institution subject to a requirement by law to secure the deposit of public money or public funds in excess of the amount insured or guaranteed by the Federal Deposit Insurance Corporation may give security by furnishing securities or providing a deposit guaranty bond, or any combination thereof, pursuant to the Public Funds Deposit Security Act in satisfaction of the requirement.
Source
Laws 1996, LB 1274, § 3;
Laws 2001, LB 362, § 83;
Laws 2009, LB259, § 28;
Laws 2019, LB622, § 3.
2023 Nebraska Revised Statutes › Chapter 77 - Revenue and Taxation › 77-2389 - Security; how furnished.

77-2389.
Security; how furnished.
A bank, capital stock financial institution, or qualifying mutual financial institution furnishes securities pursuant to the Public Funds Deposit Security Act if it (1) deposits securities held by the bank, capital stock financial institution, or qualifying mutual financial institution, (2) pledges or grants a security interest in securities held by the bank, capital stock financial institution, or qualifying mutual financial institution as provided in the act, or (3) effects the assignment to the custodial official of a certificate of deposit fully insured or guaranteed by the Federal Deposit Insurance Corporation that is issued to the bank, capital stock financial institution, or qualifying mutual financial institution.
Source
Laws 1996, LB 1274, § 4;
Laws 2001, LB 362, § 84;
Laws 2003, LB 175, § 15;
Laws 2009, LB259, § 29.
2023 Nebraska Revised Statutes › Chapter 77 - Revenue and Taxation › 77-2390 - Deposit of trust receipt authorized.

77-2390.
Deposit of trust receipt authorized.
Any bank, capital stock financial institution, or qualifying mutual financial institution pledging securities to secure deposits of public money or public funds pursuant to section 77-2389 may deposit, with the approval of the governing authority, the securities in a federal reserve bank or a bank, federal home loan bank, capital stock financial institution, qualifying mutual financial institution, or trust company approved by the governing authority, and take for the same a trust receipt in the form of and executed in the manner approved by the governing authority. When the transaction has been approved, the bank, capital stock financial institution, or qualifying mutual financial institution may deposit the trust receipt in lieu of the securities evidenced by the trust receipt.
Source
Laws 1996, LB 1274, § 5;
Laws 2000, LB 932, § 40;
Laws 2001, LB 362, § 85.
2023 Nebraska Revised Statutes › Chapter 77 - Revenue and Taxation › 77-2391 - Security; delivery requirements; perfection.

77-2391.
Security; delivery requirements; perfection.
(1) Securities pledged or securities in which a security interest has been granted pursuant to section 77-2389 shall be delivered to and held by a federal reserve bank or by a branch of a federal reserve bank, a federal home loan bank, or another responsible bank, capital stock financial institution, or qualifying mutual financial institution, including a bank, capital stock financial institution, or qualifying mutual financial institution chartered by a foreign state agency as defined in subdivision (14) of section 8-101.03, or trust company, other than the pledgor or the bank, capital stock financial institution, or qualifying mutual financial institution granting the security interest, as designated by the governing authority, with appropriate joint custody and the pledge agreement or security interest as described in subsection (2) of this section, in a form approved by the governing authority.
(2) The delivery by the bank, capital stock financial institution, or qualifying mutual financial institution designated as a depository to the custodial official of a written receipt or acknowledgment from a federal reserve bank or branch of a federal reserve bank, a federal home loan bank, or another bank, capital stock financial institution, or qualifying mutual financial institution, including a bank, capital stock financial institution, or qualifying mutual financial institution chartered by a foreign state agency as defined in subdivision (14) of section 8-101.03, or trust company, other than the bank, capital stock financial institution, or qualifying mutual financial institution granting the security interest, that includes the title of such custodial official, describes the securities identified on the books or records of the depository, and provides that the securities or the proceeds of the securities will be delivered only upon the surrender of the written receipt or the acknowledgment duly executed by the custodial official designated on the written receipt or the acknowledgment and by the authorized representative of the depository shall, together with the custodial official's actual and continued possession of the written receipt or acknowledgment, constitute a valid and perfected security interest in favor of the custodial official in and to the identified securities.
(3) Articles 8 and 9, Uniform Commercial Code, shall not apply to any security interest arising under this section.
Source
Laws 1996, LB 1274, § 6;
Laws 1997, LB 275, § 3;
Laws 1999, LB 550, § 44;
Laws 2000, LB 932, § 41;
Laws 2001, LB 362, § 86;
Laws 2021, LB66, § 1.
2023 Nebraska Revised Statutes › Chapter 77 - Revenue and Taxation › 77-2392 - Substitution or exchange of securities authorized.

77-2392.
Substitution or exchange of securities authorized.
A bank, capital stock financial institution, or qualifying mutual financial institution which has furnished securities pursuant to the Public Funds Deposit Security Act shall have the right at any time and without prior approval to substitute or exchange other securities of equal value in lieu of securities furnished except that such securities substituted or exchanged shall be those provided for under the act and such substitution or exchange shall not reduce the market value of the securities to an amount that is less than one hundred two percent of the total amount of public money or public funds less the portion of such public money or public funds insured or guaranteed by the Federal Deposit Insurance Corporation. Following any substitution or exchange of securities pursuant to this section by a bank, capital stock financial institution, or qualifying mutual financial institution utilizing the dedicated method as provided in subdivision (2)(a) of section 77-2398, the custodial official shall report such substitution or exchange to the governing authority.
Source
Laws 1996, LB 1274, § 7;
Laws 2001, LB 362, § 87;
Laws 2019, LB622, § 4.
2023 Nebraska Revised Statutes › Chapter 77 - Revenue and Taxation › 77-2393 - Withdrawal of securities; when; effect.

77-2393.
Withdrawal of securities; when; effect.
A bank, capital stock financial institution, or qualifying mutual financial institution which has furnished securities pursuant to the Public Funds Deposit Security Act may withdraw all or any part of such securities upon repayment to the custodial official, director, or administrator, as applicable, of the amount of the securities thus withdrawn, and thereupon the custodial official, director, or administrator, as applicable, shall be empowered to assign such securities to the owner thereof. All interest coupons attached to securities furnished under the act shall be detached by the holder or qualified trustee thirty days before maturity and returned to such bank, capital stock financial institution, or qualifying mutual financial institution.
Source
Laws 1996, LB 1274, § 8;
Laws 2001, LB 362, § 88;
Laws 2021, LB66, § 2.
2023 Nebraska Revised Statutes › Chapter 77 - Revenue and Taxation › 77-2394 - Deposit guaranty bond; statement required.

77-2394.
Deposit guaranty bond; statement required.
A bank, capital stock financial institution, or qualifying mutual financial institution provides a deposit guaranty bond pursuant to the Public Funds Deposit Security Act if it issues a deposit guaranty bond which runs to the director or custodial official, as applicable, and which is conditioned that the bank, capital stock financial institution, or qualifying mutual financial institution shall, upon written request by the director or custodial official, as applicable, at the end of each and every month, render to the director or custodial official, as applicable, a statement showing the daily balances and the amounts of public money or public funds of the governing authority held by it during the month and how credited. The public money or public funds shall be paid promptly on the order of the custodial official depositing the public money or public funds.
Source
Laws 1996, LB 1274, § 9;
Laws 2001, LB 362, § 89;
Laws 2019, LB622, § 5;
Laws 2021, LB66, § 3.
2023 Nebraska Revised Statutes › Chapter 77 - Revenue and Taxation › 77-2395 - Custodial official; duties.

77-2395.
Custodial official; duties.
(1) If a bank, capital stock financial institution, or qualifying mutual financial institution designated as a depository provides a deposit guaranty bond or furnishes securities or any combination thereof, pursuant to section 77-2389, the custodial official shall not have on deposit in such depository any public money or public funds in excess of the amount insured or guaranteed by the Federal Deposit Insurance Corporation, unless and until the depository has provided a deposit guaranty bond or furnished securities, or any combination thereof, to the custodial official, and the total value of such deposit guaranty bond and the market value of such securities are in an amount not less than one hundred two percent of the amount on deposit which is in excess of the amount so insured or guaranteed.
(2) If a bank, capital stock financial institution, or qualifying mutual financial institution designated as a depository provides a deposit guaranty bond or furnishes securities or any combination thereof, pursuant to subsection (1) of section 77-2398, the governmental unit shall not have on deposit in such depository any public money or public funds in excess of the amount insured or guaranteed by the Federal Deposit Insurance Corporation, unless and until the depository has provided a deposit guaranty bond or furnished securities, or any combination thereof, pursuant to the Public Funds Deposit Security Act, and the total value of such deposit guaranty bond and the aggregate market value of the pool of such securities so provided are in an amount not less than one hundred two percent of the amount on deposit which is in excess of the amount so insured or guaranteed.
Source
Laws 1996, LB 1274, § 10;
Laws 2000, LB 932, § 42;
Laws 2001, LB 362, § 90;
Laws 2009, LB259, § 30;
Laws 2019, LB622, § 6;
Laws 2021, LB66, § 4.
2023 Nebraska Revised Statutes › Chapter 77 - Revenue and Taxation › 77-2396 - Custodial official; liability.

77-2396.
Custodial official; liability.
No custodial official shall be liable on his or her official bond as such custodial official for public money or public funds on deposit in a bank, capital stock financial institution, or qualifying mutual financial institution designated as a depository if the depository has furnished securities or provided a deposit guaranty bond, or any combination thereof, pursuant to the Public Funds Deposit Security Act.
Source
Laws 1996, LB 1274, § 11;
Laws 2001, LB 362, § 91;
Laws 2019, LB622, § 7.
2023 Nebraska Revised Statutes › Chapter 77 - Revenue and Taxation › 77-2397 - Depositories of public money or public funds; powers.

77-2397.
Depositories of public money or public funds; powers.
All depositories of public money or public funds belonging to the State of Nebraska or the political subdivisions in this state shall have full authority to deposit, pledge, or grant a security interest in their assets or to provide a deposit guaranty bond, or any combination thereof, for the security and payment for all such deposits and accretions. The State of Nebraska and any political subdivision in this state and the director, administrator, or custodial official, as applicable, are given the right and authority to accept such deposit, pledge, or grant of a security interest in assets or the provision of a deposit guaranty bond, or any combination thereof.
Source
Laws 1996, LB 1274, § 12;
Laws 2019, LB622, § 8;
Laws 2021, LB66, § 5.
2023 Nebraska Revised Statutes › Chapter 77 - Revenue and Taxation › 77-2399 - Governmental unit; deposits in excess of insured amount; security interest; rights.

77-2399.
Governmental unit; deposits in excess of insured amount; security interest; rights.
(1) Each governmental unit depositing public money or public funds in a bank, capital stock financial institution, or qualifying mutual financial institution shall have an undivided beneficial interest under the deposit guaranty bond provided and an undivided security interest in the pool of securities deposited, pledged, or in which a security interest is granted by such bank, capital stock financial institution, or qualifying mutual financial institution pursuant to subsection (1) of section 77-2398 in the proportion that the total amount of the governmental unit's public money or public funds held deposited in such bank, capital stock financial institution, or qualifying mutual financial institution secured by the deposit guaranty bond or by the pool of securities, or any combination thereof, bears to the total amount of public money or public funds so secured.
(2) The delivery by the bank, capital stock financial institution, or qualifying mutual financial institution designated as a depository to the director or administrator of a written receipt or acknowledgment from a federal reserve bank or branch of a federal reserve bank, a federal home loan bank, or another responsible bank which is authorized to exercise trust powers, capital stock financial institution which is authorized to exercise trust powers, or qualifying mutual financial institution which is authorized to exercise trust powers, including a bank which is authorized to exercise trust powers, capital stock financial institution which is authorized to exercise trust powers, or qualifying mutual financial institution which is authorized to exercise trust powers chartered by a foreign state agency as defined in subdivision (14) of section 8-101.03, or trust company other than the bank, capital stock financial institution, or qualifying mutual financial institution granting the security interest, that includes the name of the director or administrator, describes the securities identified on the books or records of the depository, and provides that the securities or the proceeds of the securities will be delivered only upon the surrender of the written receipt or acknowledgment duly executed by the director or administrator designated on the written receipt or acknowledgment and by the authorized representative of the depository shall, together with the director's or administrator's actual and continued possession of the written receipt or acknowledgment, constitute a valid and perfected security interest in favor of the director or administrator in and to the identified securities.
(3) Articles 8 and 9, Uniform Commercial Code, shall not apply to any security interest arising under this section.
Source
Laws 2000, LB 932, § 44;
Laws 2001, LB 362, § 93;
Laws 2019, LB622, § 10;
Laws 2021, LB66, § 6.
2023 Nebraska Revised Statutes › Chapter 77 - Revenue and Taxation › 77-23,101 - Qualified trustee; requirements.

77-23,101.
Qualified trustee; requirements.
Any Federal Reserve Bank, branch of a Federal Reserve Bank, a federal home loan bank, or another responsible bank which is authorized to exercise trust powers, capital stock financial institution which is authorized to exercise trust powers, or qualifying mutual financial institution which is authorized to exercise trust powers, including a bank which is authorized to exercise trust powers, capital stock financial institution which is authorized to exercise trust powers, or qualifying mutual financial institution which is authorized to exercise trust powers chartered by a foreign state agency as defined in subdivision (14) of section 8-101.03, or trust company, other than the pledgor or the bank, capital stock financial institution, or qualifying mutual financial institution providing the deposit guaranty bond or granting the security interest, is qualified to act as a qualified trustee for the receipt of a deposit guaranty bond or the holding of securities under section 77-23,100. The bank, capital stock financial institution, or qualifying mutual financial institution in which public money or public funds are deposited may at any time substitute, exchange, or release securities deposited with a qualified trustee if such substitution, exchange, or release does not reduce the aggregate market value of the pool of securities to an amount that is less than one hundred two percent of the total amount of public money or public funds less the portion of such public money or public funds insured or guaranteed by the Federal Deposit Insurance Corporation. The bank, capital stock financial institution, or qualifying mutual financial institution in which public money or public funds are deposited may at any time reduce the amount of the deposit guaranty bond if the reduction does not reduce the total combined value of the deposit guaranty bond and the aggregate market value of the pool of securities to an amount less than one hundred two percent of the total amount of public money or public funds less the portion of such public money or public funds insured or guaranteed by the Federal Deposit Insurance Corporation.
Source
Laws 2000, LB 932, § 46;
Laws 2001, LB 362, § 95;
Laws 2009, LB259, § 33;
Laws 2019, LB622, § 12;
Laws 2021, LB66, § 8.
2023 Nebraska Revised Statutes › Chapter 77 - Revenue and Taxation › 77-23,103 - Charges or compensation of qualified trustee.

77-23,103.
Charges or compensation of qualified trustee.
Any charges or compensation of a qualified trustee for acting as such under the Public Funds Deposit Security Act shall be paid by the bank, capital stock financial institution, or qualifying mutual financial institution and in no event shall be chargeable to any governmental unit, to the custodial official, or to any officer of the governmental unit. Such charges or compensation shall not be a lien or charge upon the deposit guaranty bond or the securities held by the qualified trustee prior, superior, or equal to the rights to and interests under such deposit guaranty bond or in such securities of the governmental unit or of the custodial official. The custodial official shall be relieved from any liability to the governmental unit or to the bank, capital stock financial institution, or qualifying mutual financial institution for the loss or destruction of any deposit guaranty bond or securities pledged, deposited, or in which a security interest has been granted.
Source
Laws 2000, LB 932, § 48;
Laws 2001, LB 362, § 97.
2023 Nebraska Revised Statutes › Chapter 77 - Revenue and Taxation › 77-23,104 - Assignment of securities; when.

77-23,104.
Assignment of securities; when.
In lieu of placing its unqualified endorsement on each security, a bank, capital stock financial institution, or qualifying mutual financial institution depositing, pledging, or granting a security interest in securities pursuant to subsection (1) of section 77-2398 that are not negotiable without its endorsement or assignment may furnish to the qualified trustee holding the securities an appropriate resolution and irrevocable power of attorney authorizing the trustee to assign the securities. The resolution and power of attorney shall conform to such terms and conditions as the trustee prescribes.
Source
Laws 2000, LB 932, § 49;
Laws 2001, LB 362, § 98.
2023 Nebraska Revised Statutes › Chapter 77 - Revenue and Taxation › 77-23,105 - Reports required.

77-23,105.
Reports required.
Upon request of a governmental unit, a bank, capital stock financial institution, or qualifying mutual financial institution shall report as of the date of such request the amount of public money or public funds deposited in such bank, capital stock financial institution, or qualifying mutual financial institution that is not insured or guaranteed by the Federal Deposit Insurance Corporation (1) by the governmental unit making the request and (2) by all other governmental units and secured pursuant to subsection (1) of section 77-2398, and the total value of the deposit guaranty bond or the aggregate market value of the pool of securities deposited, pledged, or in which a security interest has been granted to secure public money or public funds held by the bank, capital stock financial institution, or qualifying mutual financial institution, including those deposited by the governmental unit. Upon request of a governmental unit, a qualified trustee shall report as of the date of such request the total value of the deposit guaranty bond or the aggregate market value of the pool of securities deposited, pledged, or in which a security interest has been granted by the bank, capital stock financial institution, or qualifying mutual financial institution and shall provide an itemized list of the securities in the pool. Such reports shall be made on or before the date the governmental unit specifies.
Source
Laws 2000, LB 932, § 50;
Laws 2001, LB 362, § 99;
Laws 2009, LB259, § 35;
Laws 2021, LB66, § 10.
2023 Nebraska Revised Statutes › Chapter 77 - Revenue and Taxation › 77-23,106 - Public money or public funds; prompt payment.

77-23,106.
Public money or public funds; prompt payment.
The public money or public funds in the bank, capital stock financial institution, or qualifying mutual financial institution shall be paid promptly on the order of the custodial official or governmental unit depositing the public money or public funds in such bank, capital stock financial institution, or qualifying mutual financial institution.
Source
Laws 2000, LB 932, § 51;
Laws 2001, LB 362, § 100;
Laws 2021, LB66, § 11.
2023 Nebraska Revised Statutes › Chapter 77 - Revenue and Taxation › 77-23,107 - Liability.

77-23,107.
Liability.
The director and the administrator under the Public Funds Deposit Security Act shall, except for actions or inactions that constitute gross negligence or intentional wrongful acts, be immune from liability for any act required of or authorized for the director and the administrator under the act.
Source
Laws 2019, LB622, § 14.
2023 Nebraska Revised Statutes › Chapter 77 - Revenue and Taxation › 77-23,108 - Rules and regulations.

77-23,108.
Rules and regulations.
The director may adopt and promulgate rules and regulations, establish policies and procedures, prescribe forms, or issue orders as may be necessary to accomplish the purposes of the Public Funds Deposit Security Act.
Source
Laws 2019, LB622, § 15.
2023 Nebraska Revised Statutes › Chapter 77 - Revenue and Taxation › 77-2411 - Vacated town sites; payment of original amount of taxes; penalties remitted.

77-2411.
Vacated town sites; payment of original amount of taxes; penalties remitted.
Whenever town sites have been located, surveyed, and laid out in this state, under any law of the State of Nebraska, or under any law of the United States, and such town site or any part thereof has been vacated or abandoned as such, all taxes levied on the lots or subdivision therein vacated may be liquidated by payment of the original amount of such taxes without interest or penalties.
Source
Laws 1889, c. 77, § 1, p. 538;
R.S.1913, § 6685;
C.S.1922, § 6222;
C.S.1929, § 77-2611.
2023 Nebraska Revised Statutes › Chapter 77 - Revenue and Taxation › 77-2420 - Electronic funds transfer system; authorized.

77-2420.
Electronic funds transfer system; authorized.
In order to provide greater efficiency in the administration of the taxes collected by the state and convenience for the taxpayers of this state, the Director of Administrative Services and the State Treasurer may establish and operate an electronic funds transfer system for the collection of taxes and the payment of refunds. The Department of Administrative Services and the Department of Revenue shall jointly establish the procedures necessary to implement the system.
The use of electronic funds transfer or any other payment means by the state shall not create any rights that would not have been created had an individual state warrant been used as the payment medium. The use of electronic funds transfer or any other individual payment to the state shall not create any rights that would not have been created had an individual check been used as the payment medium to the state.
Source
Laws 1985, LB 273, § 12.
2023 Nebraska Revised Statutes › Chapter 77 - Revenue and Taxation › 77-2501 - Act, how cited.

77-2501.
Act, how cited.
Sections 77-2501 to 77-2508 shall be known and may be cited as the Affordable Housing Tax Credit Act.
Source
Laws 2016, LB884, § 11;
Laws 2022, LB800, § 338.
2023 Nebraska Revised Statutes › Chapter 77 - Revenue and Taxation › 77-2502 - Terms, defined.

77-2502.
Terms, defined.
For purposes of the Affordable Housing Tax Credit Act:
(1) Allocation year means the year for which the authority awards Nebraska affordable housing tax credits pursuant to the act;
(2) Authority means the Nebraska Investment Finance Authority;
(3) Eligibility statement means a statement authorized and issued by the authority certifying that a given project is a qualified project that qualifies for Nebraska affordable housing tax credits;
(4) Federal low-income housing tax credit means the federal tax credit provided in section 42 of the Internal Revenue Code of 1986, as amended;
(5) Nebraska affordable housing tax credit means the nonrefundable tax credit authorized in section 77-2503;
(6) Qualified project means a qualified low-income building or buildings, as that term is defined in section 42 of the Internal Revenue Code of 1986, as amended;
(7) Qualified taxpayer means a taxpayer owning an interest, direct or indirect, in a qualified project; and
(8) Taxpayer means a person, firm, corporation, or other business entity subject to the income tax imposed by section 77-2715 or 77-2734.02, an insurance company subject to premium and related retaliatory tax liability imposed by section 44-150, 77-908, or 81-523, or a financial institution subject to the franchise tax imposed by sections 77-3801 to 77-3807.
Source
Laws 2016, LB884, § 12;
Laws 2022, LB800, § 339.
2023 Nebraska Revised Statutes › Chapter 77 - Revenue and Taxation › 77-2504 - Owner of project; submit eligibility statement; additional filings.

77-2504.
Owner of project; submit eligibility statement; additional filings.
(1) The owner of a qualified project shall submit the eligibility statement at the time of filing its tax return. If the authority has not yet issued the eligibility statement at the time the owner files its tax return, the owner may later amend the return to include the eligibility statement.
(2) Nebraska affordable housing tax credits may only be claimed for taxable years beginning on or after January 1, 2019.
(3) The authority or the Department of Revenue may require the filing of additional documentation necessary to determine the accuracy of a Nebraska affordable housing tax credit claimed.
Source
Laws 2016, LB884, § 14.
2023 Nebraska Revised Statutes › Chapter 77 - Revenue and Taxation › 77-2505 - Insurance company; no additional retaliatory tax.

77-2505.
Insurance company; no additional retaliatory tax.
An insurance company claiming a Nebraska affordable housing tax credit against any premium and related retaliatory taxes due under section 44-150, 77-908, or 81-523 shall not be required to pay any additional retaliatory tax as a result of claiming the tax credit. The tax credit may fully offset any retaliatory tax imposed under Nebraska law. Any tax credit claimed shall be considered a payment of tax for purposes of subsection (1) of section 77-2734.03.
Source
Laws 2016, LB884, § 15;
Laws 2022, LB800, § 341.
2023 Nebraska Revised Statutes › Chapter 77 - Revenue and Taxation › 77-2506 - Recapture or disallowance of federal credit; Nebraska credit recaptured.

77-2506.
Recapture or disallowance of federal credit; Nebraska credit recaptured.
If a portion of any federal low-income housing tax credits taken on a qualified project is required to be recaptured or is otherwise disallowed under 26 U.S.C. 42 during the 6-year period described in subsection (2) of section 77-2503, a portion of the Nebraska affordable housing tax credits with respect to such project shall also be recaptured from the qualified taxpayer who claimed such credits. The percentage of Nebraska affordable housing tax credits subject to recapture under this section shall be equal to the percentage of federal low-income housing tax credits subject to recapture or otherwise disallowed during such period. Any Nebraska affordable housing tax credits recaptured or disallowed under this section shall increase the tax liability of the qualified taxpayer who claimed the credits in the year the Department of Revenue declares the tax credits to be disallowed or recaptured.
Source
Laws 2016, LB884, § 16;
Laws 2017, LB217, § 11.
2023 Nebraska Revised Statutes › Chapter 77 - Revenue and Taxation › 77-2508 - Changes made by Laws 2022, LB800; applicability.

77-2508.
Changes made by Laws 2022, LB800; applicability.
The changes made in sections 77-2502, 77-2503, and 77-2505 by Laws 2022, LB800, shall apply to taxable years beginning or deemed to begin on or after January 1, 2023.
Source
Laws 2022, LB800, § 342.
2023 Nebraska Revised Statutes › Chapter 77 - Revenue and Taxation › 77-2601 - Terms, defined.

77-2601.
Terms, defined.
For purposes of sections 77-2601 to 77-2615:
(1) Person means and includes every individual, firm, association, joint-stock company, partnership, limited liability company, syndicate, corporation, trustee, or other legal entity, including any Indian tribe or instrumentality thereof;
(2) Wholesale dealer means a person who sells cigarettes to licensed retail dealers other than branch stores operated by or connected with such wholesale dealer for purposes of resale and is licensed under section 28-1423;
(3) Retail dealer includes every person other than a wholesale dealer engaged in the business of selling cigarettes in this state irrespective of quantity, amount, or number of sales thereof;
(4) Tax Commissioner means the Tax Commissioner of the State of Nebraska;
(5) Cigarette means any product that contains nicotine, is intended to be burned or heated under ordinary conditions of use, and consists of or contains (a) any roll of tobacco wrapped in paper or in any substance not containing tobacco; (b) tobacco, in any form, that is functional in the product, which, because of its appearance, the type of tobacco used in the filler, or its packaging and labeling, is likely to be offered to, or purchased by, consumers as a cigarette; or (c) any roll of tobacco wrapped in any substance containing tobacco which, because of its appearance, the type of tobacco used in the filler, or its packaging and labeling, is likely to be offered to, or purchased by, consumers as a cigarette described in subdivision (5)(a) of this section;
(6) Consumer means any person, firm, association, partnership, limited liability company, joint-stock company, syndicate, or corporation not having a license to sell cigarettes;
(7) Sales entity affiliate means an entity that (a) sells cigarettes that it acquires directly from a manufacturer or importer and (b) is affiliated with that manufacturer or importer. Entities are affiliated with each other if one directly, or indirectly through one or more intermediaries, controls or is controlled by or is under common control with the other. Unless provided otherwise, manufacturer or importer includes any sales entity affiliate of that manufacturer or importer;
(8) Stamping agent has the same meaning as in section 69-2705; and
(9) Indian country means (a) all land in this state within the limits of any Indian reservation under the jurisdiction of the United States, notwithstanding the issuance of any patent, including rights-of-way running through the reservation, (b) all dependent Indian communities within the borders of this state, and (c) all Indian allotments in this state, the Indian titles to which have not been extinguished, including rights-of-way running through such allotments.
Source
Laws 1947, c. 267, § 1, p. 861;
Laws 1978, LB 748, § 41;
Laws 1993, LB 121, § 499;
Laws 2002, LB 989, § 9;
Laws 2003, LB 572, § 9;
Laws 2011, LB590, § 19;
Laws 2019, LB397, § 21.
2023 Nebraska Revised Statutes › Chapter 77 - Revenue and Taxation › 77-2602.01 - Tax; liability of consumer or user; collection.

77-2602.01.
Tax; liability of consumer or user; collection.
The impact of the tax levied by Chapter 77, article 26, is hereby declared to be on the vendee, user, consumer, or possessor of cigarettes in this state, and when such tax is paid by any other person, such payment shall be construed as an advance payment, and shall thereafter be added to the price of the cigarettes and recovered from the ultimate consumer or user. In making sales of cigarettes in this state, a wholesaler or jobber may separately state and show upon the invoice covering such sale the amount of the tax on cigarettes sold. The tax shall be evidenced by appropriate stamps attached to each package of cigarettes sold, and the tax shall be collected by the retailer from the user or consumer. The provisions of this section shall in no way affect the method of collection of such tax on cigarettes as now provided by existing law.
Source
Laws 1955, c. 305, § 1, p. 945;
Laws 1957, c. 341, § 2, p. 1179.
2023 Nebraska Revised Statutes › Chapter 77 - Revenue and Taxation › 77-2602.03 - Increase in tax; applicability; stamping agents; duties; credit to wholesaler.

77-2602.03.
Increase in tax; applicability; stamping agents; duties; credit to wholesaler.
The increase in the tax shall apply to all unused stamps, meter impressions, and packages of stamped cigarettes owned by stamping agents at 12:01 a.m. on the day the increase becomes operative. On the date any change in the tax takes effect, each stamping agent shall take an inventory of all unused stamps, meter impressions, and packages of stamped cigarettes owned by the cigarette wholesaler at 12:01 a.m. The additional tax shall be remitted with the return for the last month preceding the date any change in the tax takes effect. The Tax Commissioner shall credit to each stamping agent an amount equal to the additional tax on two weeks of such stamping agent's average purchases of stamps.
Source
Laws 1982, LB 753, § 3;
Laws 1985, LB 653A, § 2;
Laws 1985, Second Spec. Sess., LB 3, § 2;
Laws 1987, LB 730, § 28;
Laws 2002, LB 989, § 10;
Laws 2011, LB590, § 21.
2023 Nebraska Revised Statutes › Chapter 77 - Revenue and Taxation › 77-2602.04 - Bonds; limitation on pledge of revenue.

77-2602.04.
Bonds; limitation on pledge of revenue.
Notwithstanding any other provision of law, for bonds issued on or after July 1, 2008, funds received by the issuer pursuant to section 77-2602 shall not be pledged for repayment of bonds, except that such funds may be pledged for repayment of refunding bonds issued to refund bonds issued prior to May 20, 2009.
Source
Laws 2008, LB961, § 9;
Laws 2009, LB316, § 21.
2023 Nebraska Revised Statutes › Chapter 77 - Revenue and Taxation › 77-2602.05 - Cigarette tax; exempt transaction; refund; application; documentation; interest; tax refund formula authorized.

77-2602.05.
Cigarette tax; exempt transaction; refund; application; documentation; interest; tax refund formula authorized.
(1) A person that paid taxes applicable under section 77-2602 on cigarettes sold in an exempt transaction shall be eligible for a refund of the taxes paid on those cigarettes.
(2) Exempt transactions, for purposes of this section and section 69-2703, are defined as:
(a) Cigarette sales on a federal installation in a transaction that is exempt from state taxation under federal law; and
(b) Cigarette sales on an Indian tribe's Indian country to its tribal members where state taxation is precluded by federal law.
(3) Except as provided in subsection (5) of this section, the person seeking a refund of taxes shall submit an application to the Tax Commissioner providing documentation sufficient to demonstrate (a) that the cigarettes were sold in a package bearing the correct stamp required under section 77-2603 or 77-2603.01 and that the stamp was one that required payment of tax, (b) that the person paid the applicable taxes in question, (c) that the cigarettes were sold in an exempt transaction, and (d) that the person has not previously obtained the refund on the cigarettes. The documentation shall include, in addition to information necessary to meet the requirements of subdivisions (3)(a) through (d) of this section and any other information that the Tax Commissioner may reasonably require, documents showing the identity of the seller and purchaser and the places of shipment and delivery of the cigarettes. The Tax Commissioner shall verify the accuracy and completeness of the required documentation and information before granting the requested refund.
(4) If a meritorious refund claim under subsection (3) of this section is not paid within sixty days after submission of the required documentation, the refund shall include interest on the amount of such refund at the rate specified in section 45-104.02 as such rate existed at the date of submission of the required documentation.
(5) The Tax Commissioner and an Indian tribe may agree upon a tax refund formula to operate in lieu of application for refunds under subsection (3) of this section. The aggregate refund provided to an Indian tribe under a formula for a year shall not exceed the aggregate tax paid by entities owned and operated by that tribe or member of that tribe on cigarettes sold in exempt transactions on that tribe's Indian country during that year. Refunds of taxes under subsection (3) of this section shall not be available for cigarettes sold in exempt transactions on an Indian tribe's Indian country by an Indian tribe that agrees upon a refund formula under this subsection. Nothing in this subsection shall limit the state's authority to enter into an agreement pursuant to section 77-2602.06 pertaining to the collection and dissemination of any cigarette taxes which may otherwise be inconsistent with this subsection.
Source
Laws 2011, LB590, § 22.
2023 Nebraska Revised Statutes › Chapter 77 - Revenue and Taxation › 77-2602.06 - Governor; agreement with federally recognized Indian tribe authorized; contents; tribal taxes; additional agreement, compact, or treaty authorized.

77-2602.06.
Governor; agreement with federally recognized Indian tribe authorized; contents; tribal taxes; additional agreement, compact, or treaty authorized.
(1) The Governor or his or her designated representative may negotiate and execute an agreement with the governing body of any federally recognized Indian tribe within the State of Nebraska concerning the collection and dissemination of any cigarette tax or other tobacco product tax under this section and sections 77-2602.05 and 77-2603.01 or escrow collected pursuant to section 69-2703, on sales of cigarettes, roll-your-own, or smokeless tobacco made or sold on a federally recognized Indian tribe's Indian country. The agreement shall specify:
(a) Its duration;
(b) Its purpose;
(c) Provisions for administering, collecting, and enforcing the agreement and for the mutual waiver of sovereign immunity objections with respect to such provisions;
(d) Remittance of taxes and escrow collected;
(e) The division of the proceeds of the tax and escrow between the parties;
(f) The method to be employed in accomplishing the partial or complete termination of the agreement;
(g) A dispute resolution procedure;
(h) Adequate reporting and auditing provisions; and
(i) Any other necessary and proper matters.
(2) The agreement shall require tribal taxes to be imposed equally on all cigarettes and other tobacco products regardless of manufacturer or brand.
(3) The agreement shall require that all packages of cigarettes bear either a stamp under section 77-2603 or a tribal stamp under section 77-2603.01.
(4) The agreement may provide for the sale of cigarettes not included in the directory under section 69-2706, but only if the agreement requires that such cigarettes bear the tribal stamp under section 77-2603.01 and only if the agreement includes provisions to account for escrow deposits on such cigarettes in amounts equal to and in a manner consistent with the deposits required of manufacturers under section 69-2703 or otherwise requires payment of escrow by the manufacturers in accordance with section 69-2703 and pursuant to section 69-2708.01.
(5) An Indian tribe entering into an agreement under this section shall agree not to license or otherwise authorize an individual tribal member or other person or entity to sell cigarettes, roll-your-own, or smokeless tobacco in violation of the terms of the agreement.
(6) The state may, in the best interests of the state, enter into any future agreement, compact, or treaty with any Indian tribe that is consistent with sections 77-2602.05, 77-2602.06, and 77-2603.01.
Source
Laws 2011, LB590, § 23.
2023 Nebraska Revised Statutes › Chapter 77 - Revenue and Taxation › 77-2603.01 - Tribal stamp; authorized.

77-2603.01.
Tribal stamp; authorized.
The state may enter into an agreement with an Indian tribe pursuant to section 77-2602.06 which contemplates the use of a tribal stamp for sales of cigarettes on an Indian tribe's Indian country in lieu of the cigarette stamp required under section 77-2603.
Source
Laws 2011, LB590, § 25.