reglab/statecodes huggingface dataset:
2023 Nebraska Revised Statutes › Chapter 77 - Revenue and Taxation › 77-2346 - Metropolitan utilities district funds; depositories; duty to keep list of securities.

77-2346.
Metropolitan utilities district funds; depositories; duty to keep list of securities.
A metropolitan utilities district shall at all times maintain a certified list of the securities furnished by any depository. Each depository shall supply directly to the governing body of the district a sworn monthly statement of the funds of the district on deposit in such depository. 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 1933, c. 95, § 2, p. 378;
Laws 1935, c. 6, § 1, p. 69;
C.S.Supp.,1941, § 77-2531;
R.S.1943, § 77-2346;
Laws 1989, LB 33, § 58;
Laws 1996, LB 1274, § 41;
Laws 2001, LB 177, § 8;
Laws 2001, LB 362, § 57.
2023 Nebraska Revised Statutes › Chapter 77 - Revenue and Taxation › 77-2349 - Metropolitan utilities district funds; custodian of securities; withdrawal of funds.

77-2349.
Metropolitan utilities district funds; custodian of securities; withdrawal of funds.
A metropolitan utilities district shall be the custodian of securities in which funds of such district are invested, including the securities of such district itself. Except for funds deposited in a depository in strict accordance with all the requirements of sections 77-2342 to 77-2349, the district shall be liable for the accounting, safekeeping, and repayment of all funds received by the district. Any such district may at any time withdraw any funds on deposit in a depository or any funds in the district's possession and custody and invest such funds in such securities as may be designated by formal resolution of the governing body of such district.
Source
Laws 1933, c. 95, § 4, p. 379;
C.S.Supp.,1941, § 77-2533;
R.S.1943, § 77-2349;
Laws 1989, LB 33, § 61;
Laws 1992, LB 746, § 77;
Laws 2001, LB 177, § 9.
2023 Nebraska Revised Statutes › Chapter 77 - Revenue and Taxation › 77-2350 - School district or township funds; deposit; conditions.

77-2350.
School district or township funds; deposit; conditions.
The treasurer or ex officio treasurer of any school district or township shall deposit the funds received or held by him or her by virtue of his or her office in such bank, capital stock financial institution, or qualifying mutual financial institution, situated within the boundaries of such district or township, as shall have been and shall be from time to time designated by the governing body of such school district or township as official depositories for such funds. Depositories shall be such banks, capital stock financial institutions, or qualifying mutual financial institutions as shall be designated by the respective governing bodies by formal resolution duly recorded. Such designation may be withdrawn at any time by such governing body by formal resolution duly entered upon its records. If there is no bank, capital stock financial institution, or qualifying mutual financial institution within the boundaries of such school district or township or if the bank, capital stock financial institution, or qualifying mutual financial institution within the district refuses or neglects to make application as a depository, then the governing body may designate any bank, capital stock financial institution, or qualifying mutual financial institution within the state.
Source
Laws 1935, c. 5, § 1, p. 67;
Laws 1939, c. 103, § 1, p. 462;
C.S.Supp.,1941, § 77-2534;
R.S.1943, § 77-2350;
Laws 1967, c. 508, § 1, p. 1708;
Laws 1988, LB 802, § 11;
Laws 1989, LB 33, § 62;
Laws 2001, LB 362, § 58.
2023 Nebraska Revised Statutes › Chapter 77 - Revenue and Taxation › 77-2350.01 - School district or township funds; prorate deposits; when.

77-2350.01.
School district or township funds; prorate deposits; when.
When more than one bank, capital stock financial institution, or qualifying mutual financial institution has been designated by the governing body of the school district or township as a depository, the treasurer or ex officio treasurer shall not give a preference but shall prorate deposits in the manner required of county treasurers as provided in section 77-2314. This section shall have no application to certificates of deposit. 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 1967, c. 508, § 4, p. 1710;
Laws 1973, LB 247, § 1;
Laws 1988, LB 802, § 12;
Laws 1989, LB 33, § 63;
Laws 2001, LB 362, § 59.
2023 Nebraska Revised Statutes › Chapter 77 - Revenue and Taxation › 77-2350.02 - School district or township treasurer; violation; penalty.

77-2350.02.
School district or township treasurer; violation; penalty.
If the treasurer or ex officio treasurer of any school district or township willfully fails or refuses at any time to do or perform any act required of him or her by sections 77-2350 to 77-2352, he or she shall be guilty of a Class IV misdemeanor.
Source
Laws 1967, c. 508, § 5, p. 1710;
Laws 1977, LB 39, § 235;
Laws 1988, LB 802, § 13.
2023 Nebraska Revised Statutes › Chapter 77 - Revenue and Taxation › 77-2351 - Treasurers; when not liable on bond.

77-2351.
Treasurers; when not liable on bond.
No treasurer or ex officio treasurer shall be liable on his or her bond for money on deposit in a bank, capital stock financial institution, or qualifying mutual financial institution and by direction of the proper legal authority, if the bank, capital stock financial institution, or qualifying mutual financial institution has given bond or gives security in accordance with section 77-2352. 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 1935, c. 5, § 2, p. 68;
Laws 1937, c. 22, § 2, p. 135;
Laws 1939, c. 103, § 2, p. 463;
C.S.Supp.,1941, § 77-2535;
R.S.1943, § 77-2351;
Laws 1967, c. 508, § 2, p. 1708;
Laws 1987, LB 109, § 1;
Laws 1989, LB 33, § 64;
Laws 1996, LB 1274, § 42;
Laws 2001, LB 362, § 60.
2023 Nebraska Revised Statutes › Chapter 77 - Revenue and Taxation › 77-2352 - School district or township funds; security requirements.

77-2352.
School district or township funds; security requirements.
No deposit in excess of the amount insured or guaranteed by the Federal Deposit Insurance Corporation shall be made in any bank, capital stock financial institution, or qualifying mutual financial institution designated as a depository unless and until the treasurer or ex officio treasurer has received from the depository as security for the prompt repayment by the depository either a corporate surety bond in form and with sureties approved by formal resolution by the governing body of such district or the giving of security as provided in the Public Funds Deposit Security Act. 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 1937, c. 22, § 2, p. 135;
Laws 1939, c. 103, § 2, p. 463;
C.S.Supp.,1941, § 77-2535;
R.S.1943, § 77-2352;
Laws 1959, c. 263, § 20, p. 948;
Laws 1967, c. 508, § 3, p. 1709;
Laws 1988, LB 802, § 14;
Laws 1989, LB 33, § 65;
Laws 1989, LB 377, § 16;
Laws 1992, LB 757, § 30;
Laws 1996, LB 1274, § 43;
Laws 2001, LB 362, § 61;
Laws 2009, LB259, § 20.
Cross References
Public Funds Deposit Security Act, see section 77-2386.
2023 Nebraska Revised Statutes › Chapter 77 - Revenue and Taxation › 77-2353 - Public power and irrigation district funds; deposit required.

77-2353.
Public power and irrigation district funds; deposit required.
All funds of any public power district, public irrigation district, or public power and irrigation district organized and existing under the laws of this state shall be deposited by the treasurer or other competent officer of such district in such bank, capital stock financial institution, or qualifying mutual financial institution as shall have been designated as official depositories for the funds belonging to such district. Such deposits shall either be made in accordance with and subject to agreements of such district with its bondholders or noteholders or, in the absence of any such agreement, shall be subject to the provisions and conditions provided in sections 77-2353 to 77-2361. 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 1941, c. 160, § 1, p. 642;
C.S.Supp.,1941, § 77-2537;
R.S.1943, § 77-2353;
Laws 1969, c. 544, § 2, p. 2198;
Laws 1989, LB 33, § 66;
Laws 2001, LB 362, § 62.
2023 Nebraska Revised Statutes › Chapter 77 - Revenue and Taxation › 77-2353.01 - Public power districts; authorized investments.

77-2353.01.
Public power districts; authorized investments.
In addition to other authorized investments, public power districts are authorized to invest and reinvest in: (1) Direct obligations of or obligations guaranteed by the United States of America; (2) bonds, debentures, or notes issued by any of the following federal agencies: Bank for Cooperatives; Federal Intermediate Banks; Federal Home Loan Bank System; Export-Import Bank of Washington; Federal Land Banks; or the Federal National Mortgage Association including participation certificates issued by such association; (3) public housing bonds purchased on the open market, issued by public housing authorities, and fully secured as to the payment of both principal and interest by a pledge of annual contributions under an annual contributions contract or contracts with the United States of America or temporary notes issued by public housing authorities or preliminary loan notes issued by local public agencies, in each case, fully secured as to the payment of both principal and interest by a requisition or a payment agreement with the United States of America; (4) direct and general obligations of any state within the territorial United States to the payment of the principal of and interest on which the full credit of such state is pledged; (5) bonds, debentures, notes, or other instruments of indebtedness issued by a bank or other financial lending institution, whether public or privately owned, established by rural electric cooperatives and public power districts to provide supplemental financing in addition to financing available from the Rural Electrification Administration; (6) bonds, debentures, notes, or other instruments of indebtedness of a nonprofit rural electric supply cooperative organization providing electric line materials and other related equipment without profit to its members, including public power districts; (7) stocks, bonds, debentures, notes, or other instruments of indebtedness issued by an insurance carrier providing insurance coverage to such public power district; (8) stocks, bonds, debentures, notes, or other instruments of indebtedness issued by corporations having authority to sell, lease, and service satellite television signal descrambling or decoding devices and satellite television programming; and (9) time certificates of deposit issued by any bank, capital stock financial institution, or qualifying mutual financial institution meeting the requirements of sections 77-2354 to 77-2357. 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.
Public power districts when authorized by their respective boards of directors are authorized to take such action as may be necessary in order to carry out the foregoing investment authorization.
Source
Laws 1969, c. 544, § 1, p. 2197;
Laws 1973, LB 47, § 1;
Laws 1982, LB 644, § 1;
Laws 1987, LB 246, § 1;
Laws 1989, LB 33, § 67;
Laws 1989, LB 113, § 1;
Laws 2001, LB 362, § 63.
2023 Nebraska Revised Statutes › Chapter 77 - Revenue and Taxation › 77-2354 - Public power and irrigation district funds; designation of depositories.

77-2354.
Public power and irrigation district funds; designation of depositories.
Depositories shall be such banks, capital stock financial institutions, and qualifying mutual financial institutions as shall be from time to time designated by the board of directors of such district by formal resolution duly recorded in the minutes of the proceedings of such board. Such designation may be withdrawn at any time by the board of directors of such district by formal resolution duly entered upon its records, whereupon all such deposits, except those represented by time certificates of deposit, in such bank, capital stock financial institution, or qualifying mutual financial institution shall be immediately withdrawn. All deposits, except those invested in time certificates of deposit, shall be subject to payment on demand upon the check or order of the duly authorized officer or officers of the district. 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 1941, c. 160, § 2, p. 642;
C.S.Supp.,1941, § 77-2538;
R.S.1943, § 77-2354;
Laws 1973, LB 47, § 2;
Laws 1989, LB 33, § 68;
Laws 2001, LB 362, § 64.
2023 Nebraska Revised Statutes › Chapter 77 - Revenue and Taxation › 77-2355 - Public power and irrigation district funds; depositories; bond or security required.

77-2355.
Public power and irrigation district funds; depositories; bond or security required.
No deposits in excess of the amount insured or guaranteed by the Federal Deposit Insurance Corporation shall be made or be allowed to accumulate in any bank, capital stock financial institution, or qualifying mutual financial institution designated as a depository unless and until the treasurer or other competent officer of the district has received from such depository as security for the prompt repayment of such deposits by the depository either a surety bond in form and with corporate sureties approved by formal resolution of the board of directors of such district or, in lieu thereof, the giving of security as provided in the Public Funds Deposit Security Act. 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 1941, c. 160, § 2, p. 642;
C.S.Supp.,1941, § 77-2538;
R.S.1943, § 77-2355;
Laws 1959, c. 263, § 21, p. 949;
Laws 1989, LB 33, § 69;
Laws 1989, LB 377, § 17;
Laws 1992, LB 757, § 31;
Laws 1996, LB 1274, § 44;
Laws 2001, LB 362, § 65;
Laws 2009, LB259, § 21.
Cross References
Public Funds Deposit Security Act, see section 77-2386.
2023 Nebraska Revised Statutes › Chapter 77 - Revenue and Taxation › 77-2356 - Public power and irrigation district funds; deposits; limitation.

77-2356.
Public power and irrigation district funds; deposits; limitation.
The deposits secured by a surety bond shall at no time exceed the amount of the penal sum of such surety bond.
Source
Laws 1941, c. 160, § 2, p. 642;
C.S.Supp.,1941, § 77-2538;
R.S.1943, § 77-2356;
Laws 1996, LB 1274, § 45.
2023 Nebraska Revised Statutes › Chapter 77 - Revenue and Taxation › 77-2357 - Public power and irrigation district funds; depositories; power to enter into agreement.

77-2357.
Public power and irrigation district funds; depositories; power to enter into agreement.
Every depository is authorized to secure deposits by giving bond or giving security, as provided in sections 77-2353 to 77-2361, and otherwise to enter into and become a party to any contract or arrangement, not inconsistent with the provisions hereof, as may be reasonably necessary or proper to render fully effective the provisions of such sections. 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 1941, c. 160, § 2, p. 642;
C.S.Supp.,1941, § 77-2538;
R.S.1943, § 77-2357;
Laws 1989, LB 33, § 70;
Laws 1996, LB 1274, § 46;
Laws 2001, LB 362, § 66.
2023 Nebraska Revised Statutes › Chapter 77 - Revenue and Taxation › 77-2358 - Public power and irrigation district funds; depositories; duty of treasurer to keep list of securities.

77-2358.
Public power and irrigation district funds; depositories; duty of treasurer to keep list of securities.
The treasurer or other competent officer of the district shall at all times keep and certify to the district a complete and correct list and description of the securities furnished by any depository. 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 1941, c. 160, § 2, p. 642;
C.S.Supp.,1941, § 77-2538;
R.S.1943, § 77-2358;
Laws 1989, LB 33, § 71;
Laws 1996, LB 1274, § 47;
Laws 2001, LB 362, § 67.
2023 Nebraska Revised Statutes › Chapter 77 - Revenue and Taxation › 77-2359 - Public power and irrigation district funds; depositories; statement of funds on deposit.

77-2359.
Public power and irrigation district funds; depositories; statement of funds on deposit.
Each depository shall furnish directly to the board of directors of the district, or to an officer of the district designated by the board, a sworn monthly statement of the funds of the district on deposit in such depository.
Source
Laws 1941, c. 160, § 2, p. 642;
C.S.Supp.,1941, § 77-2538;
R.S.1943, § 77-2359;
Laws 1989, LB 33, § 72;
Laws 1996, LB 1274, § 48.
2023 Nebraska Revised Statutes › Chapter 77 - Revenue and Taxation › 77-2360 - Public power and irrigation district funds; deposit of funds; rules and regulations.

77-2360.
Public power and irrigation district funds; deposit of funds; rules and regulations.
The board of directors of any such district may from time to time adopt and promulgate such rules and regulations governing the handling of its funds by the treasurer or other designated officers of the district and otherwise governing the relationship between such district and its depository as shall not conflict with the express provisions of sections 77-2353 to 77-2361 or other provisions of law. It shall be the duty of the treasurer and all other officers thus designated or otherwise charged by law with the handling of funds of the district to comply with such rules and regulations.
Source
Laws 1941, c. 160, § 2, p. 642;
C.S.Supp.,1941, § 77-2538;
R.S.1943, § 77-2360;
Laws 1989, LB 33, § 73.
2023 Nebraska Revised Statutes › Chapter 77 - Revenue and Taxation › 77-2361 - Public power and irrigation district funds; treasurer or other officer; not liable on bond.

77-2361.
Public power and irrigation district funds; treasurer or other officer; not liable on bond.
Neither the treasurer, nor other officer of the district charged with the handling of its funds, nor their sureties shall be liable for any loss resulting from the failure of any bank, capital stock financial institution, or qualifying mutual financial institutions as to any such deposits made and maintained as provided in sections 77-2353 to 77-2361. 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 1941, c. 160, § 3, p. 644;
C.S.Supp.,1941, § 77-2539;
R.S.1943, § 77-2361;
Laws 1989, LB 33, § 74;
Laws 2001, LB 362, § 68.
2023 Nebraska Revised Statutes › Chapter 77 - Revenue and Taxation › 77-2362 - Public funds; depositories; security.

77-2362.
Public funds; depositories; security.
Whenever, by the laws of this state, any municipal corporation or other governmental subdivision of the state is authorized or required to obtain or accept from banks, capital stock financial institutions, or qualifying mutual financial institutions surety bonds or other bonds as security for deposits of public funds belonging to such municipal corporation or other governmental subdivision, the insurance or guarantee afforded to depositors in banks, capital stock financial institutions, or qualifying mutual financial institutions through the Federal Deposit Insurance Corporation, organized under the laws of the United States, shall be deemed and construed to be, for the purposes of such laws, a surety bond or bonds to the extent that such deposits are insured or guaranteed by such corporation, and for deposits so insured or guaranteed, no other surety bond or bonds or other security shall be required. 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 1935, c. 140, § 1, p. 515;
C.S.Supp.,1941, § 77-2536;
R.S.1943, § 77-2362;
Laws 1989, LB 33, § 75;
Laws 1992, LB 757, § 32;
Laws 2001, LB 362, § 69;
Laws 2009, LB259, § 22.
2023 Nebraska Revised Statutes › Chapter 77 - Revenue and Taxation › 77-2363 - Public funds; actions to recover; validity of contracts.

77-2363.
Public funds; actions to recover; validity of contracts.
In all cases in which public money or funds belonging to the United States, an agency of the United States, the State of Nebraska, or any political subdivision in this state have been deposited or loaned to any person or persons, corporation, bank, capital stock financial institution, qualifying mutual financial institution, partnership, limited liability company, or other firm or association of persons, it shall be lawful for the officer or officers making such deposit or loan or his, her, or their successors in office to maintain an action or actions for the recovery of such money so deposited or loaned. All contracts made for the security or payment of any such money or public funds shall be held to be good and lawful contracts binding on all parties thereto.
Source
Laws 1879, § 1, p. 156;
R.S.1913, § 6675;
C.S.1922, § 6212;
C.S.1929, § 77-2601;
Laws 1933, c. 120, § 1, p. 488;
Laws 1935, c. 4, § 1, p. 66;
Laws 1937, c. 169, § 1, p. 674;
C.S.Supp.,1941, § 77-2601;
Laws 1943, c. 19, § 5, p. 105;
R.S.1943, § 77-2363;
Laws 1987, LB 440, § 11;
Laws 1988, LB 802, § 15;
Laws 1989, LB 33, § 76;
Laws 1990, LB 1165, § 1;
Laws 1993, LB 121, § 498;
Laws 1994, LB 1118, § 20;
Laws 1996, LB 1274, § 49;
Laws 2001, LB 362, § 70.
Annotations
Where village brings suit against sureties who had given a bond to protect deposit, and sureties consent to entry of judgment against them, it is an admission that bank was a legal depository. Shumway v. Department of Banking, 131 Neb. 246, 267 N.W. 469 (1936), withdrawing opinion 130 Neb. 491, 265 N.W. 553 (1936).
County treasurer having loaned or invested public funds without authority, may, in his official capacity, maintain action for their recovery. Woods v. Brown County, 125 Neb. 692, 251 N.W. 839 (1933).
Officer making deposit hereunder, or his successor in office, in his official capacity, may maintain action or actions for recovery of such money. State ex rel. Sorensen v. Nemaha County Bank of Auburn, 124 Neb. 883, 248 N.W. 650 (1933).
Bond given by state bank to secure school district deposits is valid obligation hereunder, and sureties on such bond are bound thereby. Liberty High School District of Sioux County v. Currie, 122 Neb. 173, 240 N.W. 286 (1931).
Section is remedial, and should be given liberal construction. McIntosh v. Johnson, 51 Neb. 33, 70 N.W. 522 (1897).
County funds, wrongfully deposited in bank, cease to be public funds. First Nat. Bank of South Bend Indiana v. Gandy, 11 Neb. 431, 9 N.W. 566 (1881).
Where State Treasurer was not authorized to deposit funds, state had no right of action against bank. State v. Keim and Gamble, 8 Neb. 63 (1878).
2023 Nebraska Revised Statutes › Chapter 77 - Revenue and Taxation › 77-2364 - Public funds; depositories; authority to give bond or security.

77-2364.
Public funds; depositories; authority to give bond or security.
All depositories of public money or other funds belonging to the United States, the State of Nebraska, or the political subdivisions in this state shall have full authority to give bond for the safekeeping and payment of such deposits and the accretions thereof. In lieu of such bond, such depositories shall have full authority to give security as provided in the Public Funds Deposit Security Act. The State of Nebraska and any political subdivision in this state are hereby given the right and authority to accept such bonds or, in lieu thereof, such giving of security as provided in the act. Nothing in this section shall be construed to in any manner affect the liability of any surety or signers of any official bond hereafter given or made in this state.
Source
Laws 1879, § 1, p. 156;
R.S.1913, § 6675;
C.S.1922, § 6212;
C.S.1929, § 77-2601;
Laws 1933, c. 120, § 1, p. 488;
Laws 1935, c. 4, § 1, p. 66;
Laws 1937, c. 169, § 1, p. 674;
C.S.Supp.,1941, § 77-2601;
Laws 1943, c. 19, § 5, p. 105;
R.S.1943, § 77-2364;
Laws 1989, LB 33, § 77;
Laws 1996, LB 1274, § 50.
Cross References
Public Funds Deposit Security Act, see section 77-2386.
Annotations
Section authorizes bank to pledge assets for security of deposits of city of second class by contract, and such contract is binding on both parties in absence of statutory prohibition. Luikart v. City of Aurora, 125 Neb. 263, 249 N.W. 590 (1933).
Irrigation district is a public corporation but is not a municipality within meaning of this section, and bank is without authority to pledge assets to secure deposit of irrigation district funds unless expressly authorized to do so. Bliss v. Pathfinder Irrigation District, 122 Neb. 203, 240 N.W. 291 (1932).
State bank may contract to indemnify sureties on depository bond given to secure public deposits, and may pledge sufficient assets to protect such sureties from loss. Bliss v. Mason, 121 Neb. 484, 237 N.W. 581 (1931).
2023 Nebraska Revised Statutes › Chapter 77 - Revenue and Taxation › 77-2365 - Revenue-Sharing Trust Fund; created; investment; expenditure.

77-2365.
Revenue-Sharing Trust Fund; created; investment; expenditure.
There is hereby established in the state treasury a special fund to be known as the Revenue-Sharing Trust Fund to which shall be credited all funds received by the state under the federal State and Local Fiscal Assistance Act of 1972, Public Law 92-512, or act successor thereto and to which shall be credited all earnings from the investment thereof. No expenditure shall be made from such fund except upon specific appropriation by the Legislature. Any such appropriation shall in all respects comply with the terms of the law and rules and regulations pursuant to which the federal government disburses such funds to the state. Any money in the fund available for investment shall be invested by the state investment officer pursuant to the Nebraska Capital Expansion Act and the Nebraska State Funds Investment Act.
Source
Laws 1973, LB 122, § 1;
Laws 1995, LB 7, § 87.
Cross References
Nebraska Capital Expansion Act, see section 72-1269.
Nebraska State Funds Investment Act, see section 72-1260.
2023 Nebraska Revised Statutes › Chapter 77 - Revenue and Taxation › 77-2365.02 - Funds of state or political subdivisions; investment or deposit in interest-bearing deposits; conditions.

77-2365.02.
Funds of state or political subdivisions; investment or deposit in interest-bearing deposits; conditions.
Notwithstanding any other provision of law, to the extent that the funds of this state or any political subdivision of this state may be invested or deposited, by the appropriate custodian of such funds, in interest-bearing deposits with banks, capital stock financial institutions, or qualifying mutual financial institutions, such authorization may include the investment or deposit of funds in interest-bearing deposits in accordance with the following conditions as an alternative to the furnishing of securities or the providing of a deposit guaranty bond pursuant to the Public Funds Deposit Security Act:
(1) The bank, capital stock financial institution, or qualifying mutual financial institution in this state through which the investment or deposit of funds is initially made arranges for the deposit of a portion or all of such funds in interest-bearing deposits with other banks, capital stock financial institutions, or qualifying mutual financial institutions located in the United States;
(2) Each such interest-bearing deposit is fully insured or guaranteed by the Federal Deposit Insurance Corporation;
(3) The bank, capital stock financial institution, or qualifying mutual financial institution through which the investment or deposit of funds was initially made acts as a custodian for the state or political subdivision with respect to any such interest-bearing deposit issued for the account of the state or political subdivision; and
(4) At the same time that the funds are deposited into other banks, capital stock financial institutions, or qualifying mutual financial institutions, the bank, capital stock financial institution, or qualifying mutual financial institution through which the investment or deposit of funds in interest-bearing deposits was initially made receives an amount of deposits from customers of other banks, capital stock financial institutions, or qualifying mutual financial institutions located in the United States which is equal to or greater than the amount of the investment or deposit of funds in interest-bearing deposits initially made by the state or political subdivision.
Source
Laws 2004, LB 999, § 51;
Laws 2009, LB259, § 23;
Laws 2012, LB836, § 1.
Cross References
Public Funds Deposit Security Act, see section 77-2386.
2023 Nebraska Revised Statutes › Chapter 77 - Revenue and Taxation › 77-2366 - Funds of state or political subdivisions; deposit with capital stock financial institutions; conditions.

77-2366.
Funds of state or political subdivisions; deposit with capital stock financial institutions; conditions.
(1) Notwithstanding any other provision of law, any local ordinance or regulation, or any rule or regulation to the contrary, the funds of this state or any political subdivision of the state may be deposited, by the appropriate custodians of such funds, with capital stock financial institutions to the same extent and subject to the same terms, conditions, and limitations, including collateralization required, if any, as may be otherwise provided for the deposit of such funds in banks. Capital stock financial institutions shall include state and national banks, capital stock state building and loan associations, capital stock federal savings and loan associations, capital stock federal savings banks, and capital stock state savings banks, which have a main chartered office in this state, any branch thereof in this state, or any branch in this state of a capital stock financial institution which maintained a main chartered office in this state prior to becoming a branch of such capital stock financial institution. To the extent any deposit in any bank is:
(a) Required to be subject to check or draft, then such deposit may be subject to order; and
(b) Required to be made, maintained, or otherwise dealt with by reference to the capital of any bank, then it may be so made, maintained, or dealt with by reference to the capital or net worth of such financial institution, and if by reference to the undivided profits, capital notes, debentures, or other capital items of any bank, then to any unimpaired reserves, capital notes, and debentures or comparable capital items of such other financial institution.
(2) To the extent the state or any political subdivision is or may ever be required by any law to deposit funds in any bank, the state or any such political subdivision shall, to the same extent and subject to the same terms, conditions, and limitations, including collateralization required, be required to make deposits in any capital stock financial institution on the same basis.
(3) This section shall be applied in a manner consistent with the intention of the Legislature which is to provide for the deposit of funds of the state and any political subdivision in capital stock financial institutions.
Source
Laws 1988, LB 488, § 1;
Laws 1992, LB 757, § 33;
Laws 2003, LB 131, § 36;
Laws 2004, LB 999, § 49.
2023 Nebraska Revised Statutes › Chapter 77 - Revenue and Taxation › 77-2367 - Revisor of Statutes; duty.

77-2367.
Revisor of Statutes; duty.
In any section of the law dealing with the deposit of funds of any political subdivision, the Revisor of Statutes shall substitute or add the term capital stock financial institution, as defined in section 77-2366, for the term bank so long as the result is not inconsistent with the intention of sections 77-2366 and 77-2367.
Source
Laws 1988, LB 488, § 2;
Laws 1989, LB 33, § 78.
2023 Nebraska Revised Statutes › Chapter 77 - Revenue and Taxation › 77-2368 - Sale of recyclable and reusable products, materials, and supplies; proceeds; disposition.

77-2368.
Sale of recyclable and reusable products, materials, and supplies; proceeds; disposition.
Revenue from the sale by the state of recyclable and reusable products, materials, and supplies shall be remitted to the State Treasurer for credit to the Resource Recovery Fund.
Source
Laws 1990, LB 163, § 8.
2023 Nebraska Revised Statutes › Chapter 77 - Revenue and Taxation › 77-2369 - Local hospital district; funds; deposit required; secretary-treasurer; duties.

77-2369.
Local hospital district; funds; deposit required; secretary-treasurer; duties.
The secretary-treasurer of each local hospital district in the State of Nebraska shall deposit, and at all times keep on deposit for safekeeping in the state or national banks, capital stock financial institutions, or qualifying mutual financial institutions doing business in the district of approved and responsible standing, the amount of money in his or her hands collected and held by him or her as secretary-treasurer. Any check, draft, order, or other negotiable instrument deposited by the secretary-treasurer, except when drawn upon the bank, capital stock financial institution, or qualifying mutual financial institution in which the deposit is made, shall be received by the bank, capital stock financial institution, or qualifying mutual financial institution for collection only and shall be subject to final payment thereof to the bank, capital stock financial institution, or qualifying mutual financial institution. Collection of such items shall be in the usual course of business and except for its own negligence, the bank, capital stock financial institution, or qualifying mutual financial institution shall not be liable thereon until and unless payment is actually received. 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, § 1;
Laws 2001, LB 362, § 71.
2023 Nebraska Revised Statutes › Chapter 77 - Revenue and Taxation › 77-2370 - Local hospital district; selection of depository; procedure.

77-2370.
Local hospital district; selection of depository; procedure.
Any bank, capital stock financial institution, or qualifying mutual financial institution located in the district may apply for the privilege of keeping money upon the following conditions: All deposits shall be subject to payment when demanded by the secretary-treasurer on his or her check or order and subject also to such regulations as are imposed by law and the rules adopted by the secretary-treasurer for holding and receiving such deposits. It shall be the duty of the board of directors to act on the application or applications of any and all banks, capital stock financial institutions, or qualifying mutual financial institutions, state or national, as may ask for the privilege of becoming the depository of such money, as well as to approve the bonds of those selected incident to such relation, and the secretary-treasurer shall not deposit such money or any part thereof in any bank, capital stock financial institution, or qualifying mutual financial institution other than such as may have been so selected by the board of directors for such purposes, if any such bank, capital stock financial institution, or qualifying mutual financial institution has been so selected by the board of directors.
Source
Laws 1994, LB 1118, § 2;
Laws 2001, LB 362, § 72.
2023 Nebraska Revised Statutes › Chapter 77 - Revenue and Taxation › 77-2371 - Local hospital district; deposits; requirements.

77-2371.
Local hospital district; deposits; requirements.
When more than one bank, capital stock financial institution, or qualifying mutual financial institution may have been selected by the board of directors as depositories, the secretary-treasurer shall not give a preference to any one or more of them in the money he or she may so deposit, but shall keep deposited with each of such banks, capital stock financial institutions, or qualifying mutual financial institutions such a part of the money as the capital of such bank, capital stock financial institution, or qualifying mutual financial institution as of December 31 of the preceding year is a part of the amount of all the capital of all the banks, capital stock financial institutions, or qualifying mutual financial institutions so selected as of December 31 of the preceding year, so that such money may at all times be deposited with such banks, capital stock financial institutions, or qualifying mutual financial institutions pro rata as to their capital, except that the secretary-treasurer may select one or more banks, capital stock financial institutions, or qualifying mutual financial institutions to be used for active accounts in which he or she may keep deposited in excess of these requirements only such funds as may be necessary for the transaction of ordinary day-to-day requirements. For purposes of this section, capital shall mean capital stock, surplus, undivided profits, capital notes or debentures, and other unimpaired reserves. 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, § 3;
Laws 1996, LB 1274, § 51;
Laws 2001, LB 362, § 73.
2023 Nebraska Revised Statutes › Chapter 77 - Revenue and Taxation › 77-2372 - Local hospital district; investments authorized; interest; how credited.

77-2372.
Local hospital district; investments authorized; interest; how credited.
A secretary-treasurer may by and with the consent of the board of directors invest in United States Government bonds, bonds and debentures issued either singly or collectively by any of the twelve federal land banks, the twelve intermediate credit banks, or the thirteen banks for cooperatives under the supervision of the Farm Credit Administration, United States Treasury notes, bills, or certificates of indebtedness maturing within two years from the date of purchase, or in certificates of deposit. Every secretary-treasurer having invested in such securities shall deliver the same to his or her successor, who shall receive and accept the same as funds of the office. The interest received on any investments authorized by this section and section 77-2385 shall be credited to the general fund of the local hospital district, or to a fund to be used exclusively for the purposes contemplated by the provisions of section 23-3548, in the discretion of the board of directors. If such interest is received on a fund which shall not have been commingled with any other fund for investment purposes, then any interest received shall be credited to the fund from which the investment shall have been made. It shall be in the discretion of the board of directors whether any fund shall be commingled or invested from an identifiable account.
Source
Laws 1994, LB 1118, § 4.
2023 Nebraska Revised Statutes › Chapter 77 - Revenue and Taxation › 77-2373 - Local hospital district; depositories; bond requirements; payment of deposits.

77-2373.
Local hospital district; depositories; bond requirements; payment of deposits.
For the security of the funds deposited under the provisions of sections 77-2369 to 77-2385, the secretary-treasurer shall require all such depositories to give bonds for the safekeeping and payment of such deposits and the accretions thereof, except as otherwise provided in section 77-2385 for time deposits. The bond shall run to the people of the local hospital district, be approved by the board of directors, and be conditioned that the depository shall, at the end of each and every month, render to the secretary-treasurer and the board of directors a statement in duplicate showing the several daily balances and the amounts of money of the local hospital district held by it during the month and how credited. For the payment of the deposits, the depository shall render such deposits when demanded by the secretary-treasurer on his or her check at any time, perform whatever else is required by sections 77-2369 to 77-2385, and faithfully discharge the trust reposed in such depository.
Source
Laws 1994, LB 1118, § 5.
2023 Nebraska Revised Statutes › Chapter 77 - Revenue and Taxation › 77-2374 - Local hospital district; bond; surety; limitation.

77-2374.
Local hospital district; bond; surety; limitation.
The bond in substance shall be similar to the bond required and set forth in section 77-2304. No person in any way connected with any depository bank, capital stock financial institution, or qualifying mutual financial institution as an officer or stockholder shall be accepted as a surety on any bond given by the bank, capital stock financial institution, or qualifying mutual financial institution of which he or she is an officer or stockholder.
Source
Laws 1994, LB 1118, § 6;
Laws 1996, LB 1274, § 52;
Laws 2001, LB 362, § 74.
2023 Nebraska Revised Statutes › Chapter 77 - Revenue and Taxation › 77-2375 - Local hospital district; deposit; limitation on amount; excess deposit; security required.

77-2375.
Local hospital district; deposit; limitation on amount; excess deposit; security required.
The secretary-treasurer shall not have on deposit in any bank, capital stock financial institution, or qualifying mutual financial institution at any time more money than the amount insured or guaranteed by the Federal Deposit Insurance Corporation, plus the maximum amount of the bond given by such bank, capital stock financial institution, or qualifying mutual financial institution in cases when the bank, capital stock financial institution, or qualifying mutual financial institution gives a guaranty bond, except as provided in section 77-2376. The amount on deposit at any time with any bank, capital stock financial institution, or qualifying mutual financial institution shall not exceed fifty percent of the capital and surplus of such bank, capital stock financial institution, or qualifying mutual financial institution, except as provided in section 77-2376. When the amount of money which the secretary-treasurer desires to deposit in the banks, capital stock financial institutions, or qualifying mutual financial institutions within the district exceeds fifty percent of the capital and surplus of all of the banks, capital stock financial institutions, or qualifying mutual financial institutions in such local hospital district, the secretary-treasurer may, with the consent of the board of directors, deposit an amount in excess thereof, but not exceeding the capital and surplus in any one bank, capital stock financial institution, or qualifying mutual financial institution, unless the depository gives security as provided in section 77-2376. Bond shall be required of all banks, capital stock financial institutions, or qualifying mutual financial institutions for such excess deposit, unless security is given in accordance with section 77-2376. The bonds shall be deposited with the secretary-treasurer and approved by the board of directors. 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, § 7;
Laws 1996, LB 1274, § 53;
Laws 2001, LB 362, § 75;
Laws 2009, LB259, § 24.
2023 Nebraska Revised Statutes › Chapter 77 - Revenue and Taxation › 77-2376 - Local hospital district; excess deposit; security requirements.

77-2376.
Local hospital district; excess deposit; security requirements.
The secretary-treasurer may deposit in any bank, capital stock financial institution, or qualifying mutual financial institution of the local hospital district in which he or she is secretary-treasurer amounts in excess of amounts authorized in section 77-2375 when (1) the depository secures the deposits by giving security as provided in the Public Funds Deposit Security Act and (2) the same is approved by a formal resolution of the board of directors. 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, § 8;
Laws 1996, LB 1274, § 54;
Laws 2001, LB 362, § 76.
Cross References
Public Funds Deposit Security Act, see section 77-2386.
2023 Nebraska Revised Statutes › Chapter 77 - Revenue and Taxation › 77-2377 - Local hospital district; deposit in institutions outside district; when.

77-2377.
Local hospital district; deposit in institutions outside district; when.
When banks, capital stock financial institutions, or qualifying mutual financial institutions located in the local hospital district refuse or neglect to bid on money of the local hospital district, when there are no banks, capital stock financial institutions, or qualifying mutual financial institutions in the local hospital district, or when the banks, capital stock financial institutions, or qualifying mutual financial institutions located in the local hospital district do not have sufficient capital and surplus to receive such money under sections 77-2369 to 77-2385, then any surplus over the amount specified that banks, capital stock financial institutions, or qualifying mutual financial institutions in the local hospital district may receive shall be deposited in banks, capital stock financial institutions, or qualifying mutual financial institutions outside of the local hospital district having sufficient capital and surplus under the same conditions and terms as if in the local hospital district. 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, § 9;
Laws 2001, LB 362, § 77.
2023 Nebraska Revised Statutes › Chapter 77 - Revenue and Taxation › 77-2378 - Local hospital district; security in lieu of bond authorized.

77-2378.
Local hospital district; security in lieu of bond authorized.
In lieu of a bond as provided in sections 77-2373 to 77-2377, any bank, capital stock financial institution, or qualifying mutual financial institution making application to become a depository under sections 77-2369 to 77-2385 may give security as provided in the Public Funds Deposit Security Act to the secretary-treasurer. 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, § 10;
Laws 1996, LB 1274, § 55;
Laws 2001, LB 362, § 78.
Cross References
Public Funds Deposit Security Act, see section 77-2386.
2023 Nebraska Revised Statutes › Chapter 77 - Revenue and Taxation › 77-2381 - Local hospital district; violations; penalty.

77-2381.
Local hospital district; violations; penalty.
Any treasurer or any officer of a bank, capital stock financial institution, or qualifying mutual financial institution who shall directly or indirectly violate or knowingly permit to be violated the provisions of sections 77-2373 to 77-2381, so far as such sections relate to the deposit of public money in a bank, capital stock financial institution, or qualifying mutual financial institution, shall be guilty of a Class IV felony. 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, § 13;
Laws 2001, LB 362, § 79.