reglab/statecodes huggingface dataset:
2023 Nebraska Revised Statutes › Chapter 77 - Revenue and Taxation › 77-2305 - State funds; depositories; limitations on amount deposited in any one bank.

77-2305.
State funds; depositories; limitations on amount deposited in any one bank.
The State Treasurer shall not have on deposit in any bank giving a guaranty bond more than the amount insured or guaranteed by the Federal Deposit Insurance Corporation plus the maximum amount of the bond given by the bank, nor any bank giving a personal bond more than the amount insured or guaranteed by the Federal Deposit Insurance Corporation, plus one-half of the amount of the bond of the bank. The amount deposited in any bank shall not exceed the amount insured or guaranteed by the Federal Deposit Insurance Corporation plus twice its capital stock and surplus, but no bonds or giving of security shall be required for funds over which the state investment officer has investment jurisdiction except those funds which are eligible for long-term investment. All bonds of such depositories shall be deposited with and held by the State Treasurer.
Source
Laws 1891, c. 50, § 3, p. 348;
Laws 1897, c. 23, § 2, p. 188;
Laws 1899, c. 74, § 1, p. 321;
Laws 1905, c. 151, § 1, p. 595;
Laws 1907, c. 142, § 1, p. 450;
Laws 1909, c. 139, § 1, p. 493;
R.S.1913, § 6657;
C.S.1922, § 6188;
Laws 1927, c. 34, § 1, p. 153;
C.S.1929, § 77-2503;
Laws 1931, c. 135, § 1, p. 376;
Laws 1933, c. 147, § 1, p. 564;
Laws 1935, c. 152, § 2, p. 560;
C.S.Supp.,1941, § 77-2503;
R.S.1943, § 77-2305;
Laws 1957, c. 340, § 1, p. 1178;
Laws 1978, LB 599, § 1;
Laws 1996, LB 1274, § 26;
Laws 2009, LB259, § 14.
Annotations
Section is not applicable to cities of second class. Luikart v. City of Aurora, 125 Neb. 263, 249 N.W. 590 (1933).
Banks designated as depositories may pledge assets of bank to secure state and county funds when deposited therein. Bliss v. Pathfinder Irr. Dist., 122 Neb. 203, 240 N.W. 291 (1932).
Deposit of amount exceeding one-half amount of bond is no release. In re State Treasurer's Settlement, 51 Neb. 116, 70 N.W. 532 (1897).
2023 Nebraska Revised Statutes › Chapter 77 - Revenue and Taxation › 77-2306 - State funds; depositories; security in lieu of bonds.

77-2306.
State funds; depositories; security in lieu of bonds.
In lieu of a bond as provided in section 77-2305, any bank making application to become a depository under the provisions of sections 77-2301 to 77-2309 may give security as provided in the Public Funds Deposit Security Act to the State Treasurer.
Source
Laws 1891, c. 50, § 3, p. 348;
Laws 1897, c. 23, § 2, p. 188;
Laws 1899, c. 74, § 1, p. 321;
Laws 1905, c. 151, § 1, p. 595;
Laws 1907, c. 142, § 1, p. 450;
Laws 1909, c. 139, § 1, p. 493;
R.S.1913, § 6657;
C.S.1922, § 6188;
Laws 1927, c. 34, § 1, p. 153;
C.S.1929, § 77-2503;
Laws 1931, c. 135, § 1, p. 276;
Laws 1933, c. 147, § 1, p. 564;
Laws 1935, c. 152, § 2, p. 560;
C.S.Supp.,1941, § 77-2503;
R.S.1943, § 77-2306;
Laws 1959, c. 263, § 13, p. 944;
Laws 1967, c. 507, § 1, p. 1707;
Laws 1989, LB 377, § 12;
Laws 1995, LB 384, § 29;
Laws 1996, LB 1274, § 27.
Cross References
Public Funds Deposit Security Act, see section 77-2386.
2023 Nebraska Revised Statutes › Chapter 77 - Revenue and Taxation › 77-2309 - State funds; State Treasurer; duty to secure best terms possible.

77-2309.
State funds; State Treasurer; duty to secure best terms possible.
It is made the duty of the State Treasurer to use all reasonable and proper means to secure to the state the best terms for the depositing of the money belonging to the state, consistent with the safekeeping and prompt payment of the funds of the state when demanded.
Source
Laws 1891, c. 50, § 4, p. 350;
R.S.1913, § 6658;
C.S.1922, § 6189;
C.S.1929, § 77-2504;
R.S.1943, § 77-2309.
2023 Nebraska Revised Statutes › Chapter 77 - Revenue and Taxation › 77-2310 - State funds; State Treasurer; making of profit prohibited; illegal removal of funds; penalty; liability on bond.

77-2310.
State funds; State Treasurer; making of profit prohibited; illegal removal of funds; penalty; liability on bond.
The making of profit, directly or indirectly, by the State Treasurer out of any money in the state treasury belonging to the state, the custody of which the treasurer is charged with, by loaning, depositing or otherwise using it or depositing the same in any manner, or the removal by the treasurer or by his consent of such money or a part thereof out of the vault of the treasurer's department or any legal depository of the same, except for the payment of warrants, legally drawn or for the purpose of depositing the same in the banks selected as depositories under the provisions of sections 77-2301 to 77-2309, shall be deemed guilty of a Class IV felony, and shall also be liable under and upon his official bond for all profits realized from such unlawful using of such funds.
Source
Laws 1891, c. 50, § 4, p. 350;
R.S.1913, § 6658;
C.S.1922, § 6189;
C.S.1929, § 77-2504;
R.S.1943, § 77-2310;
Laws 1977, LB 39, § 230.
2023 Nebraska Revised Statutes › Chapter 77 - Revenue and Taxation › 77-2311 - State funds; State Treasurer; failure to act; penalty.

77-2311.
State funds; State Treasurer; failure to act; penalty.
If the State Treasurer shall willfully fail or refuse at any time to do or perform any act required of him by sections 77-2301 to 77-2309, he shall be guilty of a Class II misdemeanor. It shall be the duty of 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 sections 77-2303 to 77-2305.
Source
Laws 1891, c. 50, § 5, p. 351;
R.S.1913, § 6659;
C.S.1922, § 6190;
C.S.1929, § 77-2505;
R.S.1943, § 77-2311;
Laws 1977, LB 39, § 231.
2023 Nebraska Revised Statutes › Chapter 77 - Revenue and Taxation › 77-2313 - County funds; application by depositories; approval by county board.

77-2313.
County funds; application by depositories; approval by county board.
Any bank, capital stock financial institution, or qualifying mutual financial institution located in the county may apply for the privilege of keeping money upon the following conditions: All deposits shall be subject to payment when demanded by the county 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 county treasurer for holding and receiving such deposits. It shall be the duty of the county board 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 county 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 county board for such purposes, if any such bank, capital stock financial institution, or qualifying mutual financial institution has been so selected by the county board.
Source
Laws 1891, c. 50, § 6, p. 351;
Laws 1897, c. 23, § 3, p. 190;
Laws 1903, c. 110, § 1, p. 584;
R.S.1913, § 6660;
C.S.1922, § 6191;
C.S.1929, § 77-2506;
Laws 1930, Spec. Sess., c. 7, § 1, p. 35;
Laws 1935, c. 153, § 3, p. 562;
Laws 1937, c. 174, § 1, p. 687;
C.S.Supp.,1941, § 77-2506;
R.S.1943, § 77-2313;
Laws 1989, LB 33, § 33;
Laws 2001, LB 362, § 35.
Annotations
Board cannot designate one bank as preferred depository. State ex rel. Irrigators Bank v. Whipple, 60 Neb. 650, 83 N.W. 921 (1900).
Designation of bank by county board confers on bank no right to compel board to approve sureties on bond. State ex rel. First Nat. Bank of Stanton v. Owen, 41 Neb. 651, 59 N.W. 886 (1894).
2023 Nebraska Revised Statutes › Chapter 77 - Revenue and Taxation › 77-2314 - County funds; depositories; funds deposited pro rata.

77-2314.
County funds; depositories; funds deposited pro rata.
When more than one bank, capital stock financial institution, or qualifying mutual financial institution may have been selected by the county board as depositories, the county 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 county 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, if any, 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 1903, c. 110, § 1, p. 584;
R.S.1913, § 6660;
C.S.1922, § 6191;
C.S.1929, § 77-2506;
Laws 1930, Spec. Sess., c. 7, § 1, p. 35;
Laws 1935, c. 153, § 3, p. 562;
Laws 1937, c. 174, § 1, p. 687;
C.S.Supp.,1941, § 77-2506;
R.S.1943, § 77-2314;
Laws 1974, LB 954, § 1;
Laws 1989, LB 33, § 34;
Laws 1996, LB 1274, § 28;
Laws 2001, LB 362, § 36.
Annotations
In absence of bad faith, county treasurer is not liable for depositing more than bank's pro rata share. Furnas County v. Evans, 97 Neb. 54, 149 N.W. 64 (1914); Holt County v. Cronin, 79 Neb. 424, 112 N.W. 561 (1907).
Treasurer must distribute funds among depositories as provided, and mandamus will lie. State ex rel. First Nat. Bank of O'Neill v. Cronin, 72 Neb. 642, 101 N.W. 327 (1904).
2023 Nebraska Revised Statutes › Chapter 77 - Revenue and Taxation › 77-2315 - County funds; investment; securities authorized; interest; disposition; delivery of securities to successor.

77-2315.
County funds; investment; securities authorized; interest; disposition; delivery of securities to successor.
A county treasurer may by and with the consent of the county board 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 treasurer having invested in securities as aforesaid must deliver the same to his 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 77-2340 shall be credited to the general fund of the county, or to a fund to be used exclusively for the purposes contemplated by the provisions of section 23-120, in the discretion of the county board;
Provided,
that 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 county board whether any fund shall be commingled or invested from an identifiable account.
Source
Laws 1935, c. 153, § 3, p. 562;
Laws 1937, c. 174, § 1, p. 687;
C.S.Supp.,1941, § 77-2506;
R.S.1943, § 77-2315;
Laws 1955, c. 303, § 1, p. 943;
Laws 1959, c. 263, § 14, p. 945;
Laws 1961, c. 392, § 1, p. 1190;
Laws 1974, LB 771, § 1.
2023 Nebraska Revised Statutes › Chapter 77 - Revenue and Taxation › 77-2317 - County funds; depositories; form of bond; ineligible sureties.

77-2317.
County funds; depositories; form of bond; ineligible sureties.
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 1891, c. 50, § 8, p. 352;
Laws 1897, c. 23, § 5, p. 191;
Laws 1903, c. 110, § 2, p. 585;
Laws 1909, c. 35, § 1, p. 216;
R.S.1913, § 6662;
C.S.1922, § 6193;
Laws 1925, c. 96, § 1, p. 279;
Laws 1927, c. 34, § 2, p. 156;
Laws 1929, c. 36, § 1, p. 151;
C.S.1929, § 77-2508;
Laws 1935, c. 152, § 4, p. 563;
Laws 1939, c. 103, § 3, p. 464;
C.S.Supp.,1941, § 77-2508;
R.S.1943, § 77-2317;
Laws 1989, LB 33, § 35;
Laws 1996, LB 1274, § 29;
Laws 2001, LB 362, § 37.
2023 Nebraska Revised Statutes › Chapter 77 - Revenue and Taxation › 77-2318.01 - County funds; deposit of excess, when.

77-2318.01.
County funds; deposit of excess, when.
The county treasurer may deposit in any bank, capital stock financial institution, or qualifying mutual financial institution of the county in which he or she is treasurer in excess of the amounts authorized in section 77-2318 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 county board. 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 1953, c. 284, § 2, p. 922;
Laws 1988, LB 703, § 2;
Laws 1989, LB 33, § 37;
Laws 1996, LB 1274, § 31;
Laws 2001, LB 362, § 39.
Cross References
Public Funds Deposit Security Act, see section 77-2386.
2023 Nebraska Revised Statutes › Chapter 77 - Revenue and Taxation › 77-2319 - County funds; depositories; deposits outside of county; when.

77-2319.
County funds; depositories; deposits outside of county; when.
When banks, capital stock financial institutions, or qualifying mutual financial institutions located in the county refuse or neglect to bid on money of the county, when there are no banks, capital stock financial institutions, or qualifying mutual financial institutions in the county, or when the banks, capital stock financial institutions, or qualifying mutual financial institutions located in the county do not have sufficient capital and surplus to receive such money under sections 77-2312 to 77-2324, then any surplus over the amount specified that banks, capital stock financial institutions, or qualifying mutual financial institutions in the county may receive shall be deposited in banks, capital stock financial institutions, or qualifying mutual financial institutions outside of the county having sufficient capital and surplus under the same conditions and terms as if in the county. 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 1903, c. 110, § 2, p. 585;
Laws 1909, c. 35, § 1, p. 216;
R.S.1913, § 6662;
C.S.1922, § 6193;
Laws 1925, c. 96, § 1, p. 279;
Laws 1927, c. 34, § 2, p. 156;
Laws 1929, c. 36, § 1, p. 151;
C.S.1929, § 77-2508;
Laws 1935, c. 152, § 4, p. 563;
Laws 1939, c. 103, § 3, p. 464;
C.S.Supp.,1941, § 77-2508;
R.S.1943, § 77-2319;
Laws 1989, LB 33, § 38;
Laws 2001, LB 362, § 40.
2023 Nebraska Revised Statutes › Chapter 77 - Revenue and Taxation › 77-2320 - County funds; depositories; security in lieu of bond.

77-2320.
County funds; depositories; security in lieu of bond.
In lieu of a bond as provided in sections 77-2316 to 77-2319, any bank, capital stock financial institution, or qualifying mutual financial institution making application to become a depository under sections 77-2312 to 77-2324 may give security as provided in the Public Funds Deposit Security Act to the county 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 1909, c. 35, § 1, p. 216;
R.S.1913, § 6662;
C.S.1922, § 6193;
Laws 1925, c. 96, § 1, p. 279;
Laws 1927, c. 34, § 2, p. 156;
Laws 1929, c. 36, § 1, p. 151;
C.S.1929, § 77-2508;
Laws 1935, c. 152, § 4, p. 563;
Laws 1939, c. 103, § 3, p. 464;
C.S.Supp.,1941, § 77-2508;
R.S.1943, § 77-2320;
Laws 1959, c. 263, § 15, p. 945;
Laws 1977, LB 266, § 2;
Laws 1988, LB 703, § 3;
Laws 1989, LB 33, § 39;
Laws 1989, LB 377, § 13;
Laws 1996, LB 1274, § 32;
Laws 2001, LB 362, § 41;
Laws 2012, LB879, § 1.
Cross References
Public Funds Deposit Security Act, see section 77-2386.
Annotations
Banks designated as depositories may pledge assets of bank to secure state and county funds when deposited therein. Bliss v. Pathfinder Irr. Dist., 122 Neb. 203, 240 N.W. 291 (1932).
Specification of certain assets which bank may pledge to secure repayment of county deposits is not a limitation on power to pledge others. Bliss v. Mason, 121 Neb. 484, 237 N.W. 581 (1931).
2023 Nebraska Revised Statutes › Chapter 77 - Revenue and Taxation › 77-2323 - County funds; deposit; violation; penalty.

77-2323.
County funds; deposit; violation; 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 sections 77-2316 to 77-2323 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 1925, c. 96, § 1, p. 279;
Laws 1927, c. 34, § 2, p. 156;
Laws 1929, c. 36, § 1, p. 151;
C.S.1929, § 77-2508;
Laws 1935, c. 152, § 4, p. 563;
Laws 1939, c. 103, § 3, p. 464;
C.S.Supp.,1941, § 77-2508;
R.S.1943, § 77-2323;
Laws 1977, LB 39, § 232;
Laws 1989, LB 33, § 42;
Laws 2001, LB 362, § 42.
2023 Nebraska Revised Statutes › Chapter 77 - Revenue and Taxation › 77-2324 - County funds; county treasurer; duty to secure best terms possible.

77-2324.
County funds; county treasurer; duty to secure best terms possible.
It is hereby made the duty of the county treasurer to use all reasonable and proper means to secure to the county the best terms for the depositing of the money belonging to the county consistent with the safekeeping and prompt payment of the funds of the county when demanded.
Source
Laws 1891, c. 50, § 9, p. 353;
R.S.1913, § 6663;
C.S.1922, § 6194;
C.S.1929, § 77-2511;
R.S.1943, § 77-2324.
Annotations
Drainage district is entitled to interest obtained by county from fund in hands of treasurer as ex officio treasurer of district. Nemaha Valley Drainage District No. 2 v. Nemaha County, 100 Neb. 64, 158 N.W. 438 (1916).
2023 Nebraska Revised Statutes › Chapter 77 - Revenue and Taxation › 77-2325 - County funds; county treasurer; prohibited acts; penalty; liability on bond.

77-2325.
County funds; county treasurer; prohibited acts; penalty; liability on bond.
The making of profit, directly or indirectly, by the county treasurer out of any money in the county treasury belonging to the county, the custody of which the treasurer is charged with, by loaning or depositing or otherwise using or depositing the same in any manner, or the removal by the county treasurer or by his or her consent of such money or a part thereof out of the vault of the treasurer's department or any legal depository of the same, 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 sections 77-2312 to 77-2324, shall be deemed a Class IV felony, and the county 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 1891, c. 50, § 9, p. 353;
R.S.1913, § 6663;
C.S.1922, § 6194;
C.S.1929, § 77-2511;
R.S.1943, § 77-2325;
Laws 1977, LB 39, § 233;
Laws 1989, LB 33, § 43;
Laws 2001, LB 362, § 43.
2023 Nebraska Revised Statutes › Chapter 77 - Revenue and Taxation › 77-2326 - County fund; county treasurer; failure to act; penalty.

77-2326.
County fund; county treasurer; failure to act; penalty.
If the county treasurer shall willfully fail or refuse at any time to do or perform any act required of him by sections 77-2312 to 77-2324, he shall be guilty of a Class I misdemeanor. It shall be the duty of the county attorney 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 said sections.
Source
Laws 1891, c. 50, § 10, p. 354;
R.S.1913, § 6664;
C.S.1922, § 6195;
C.S.1929, § 77-2512;
R.S.1943, § 77-2326;
Laws 1977, LB 39, § 234.
2023 Nebraska Revised Statutes › Chapter 77 - Revenue and Taxation › 77-2326.01 - Public money in hands of county and court officials; terms, defined.

77-2326.01.
Public money in hands of county and court officials; terms, defined.
For purposes of sections 77-2313 to 77-2326.09, (1) county board shall include county commissioners or county supervisors, as the case may be, and (2) public money shall include all funds which come into the hands of county judges, clerks of the county court, or clerks of the district court pursuant to any provision of law authorizing such officers to collect or receive the same.
Source
Laws 1947, c. 269, § 1, p. 868;
Laws 1988, LB 370, § 12;
Laws 1990, LB 1146, § 6.
Annotations
Until enactment of this act, there was no statute providing a depository for funds held by clerks of the district courts. Bordy v. Smith, 150 Neb. 272, 34 N.W.2d 331 (1948).
2023 Nebraska Revised Statutes › Chapter 77 - Revenue and Taxation › 77-2326.02 - Clerk of the district court; deposit of funds.

77-2326.02.
Clerk of the district court; deposit of funds.
All public funds paid to or coming into the hands of any clerk of the district court shall be deposited in such bank, capital stock financial institution, or qualifying mutual financial institution as shall have been designated as official depositories for such funds. Such deposits shall be subject to the provisions and conditions provided in sections 77-2326.03 to 77-2326.09. 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 1947, c. 269, § 2, p. 869;
Laws 1988, LB 370, § 13;
Laws 1989, LB 33, § 44;
Laws 2001, LB 362, § 44.
2023 Nebraska Revised Statutes › Chapter 77 - Revenue and Taxation › 77-2326.03 - Clerk of the district court; depositories; designation.

77-2326.03.
Clerk of the district court; depositories; designation.
Depositories shall be such banks, capital stock financial institutions, and qualifying mutual financial institutions as shall be from time to time designated by the county board by formal resolution duly recorded in the minutes of the proceedings of such board. Such designation may be withdrawn at any time by such board in like manner, whereupon all deposits in such bank, capital stock financial institution, or qualifying mutual financial institution under the control of the clerk of the district court shall be immediately withdrawn. 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 1947, c. 269, § 3, p. 869;
Laws 1988, LB 370, § 14;
Laws 1989, LB 33, § 45;
Laws 2001, LB 362, § 45.
2023 Nebraska Revised Statutes › Chapter 77 - Revenue and Taxation › 77-2326.04 - Public money in hands of court officials; deposits; security for repayment.

77-2326.04.
Public money in hands of court officials; deposits; security for repayment.
No deposits in excess of the amount insured or guaranteed by the Federal Deposit Insurance Corporation shall be made to accumulate in any bank, capital stock financial institution, or qualifying mutual financial institution designated as a depository unless and until the county judge, clerk of the county court, or clerk of the district court, as the case may be, has received from such depository as security for the prompt repayment by the depository of his or her respective deposits in excess of the amount insured or guaranteed by the Federal Deposit Insurance Corporation either a surety bond in form and with corporate sureties approved by the county judge or judges or by formal resolution of the county board, as the case may be, 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 1947, c. 269, § 4, p. 869;
Laws 1959, c. 263, § 16, p. 946;
Laws 1988, LB 703, § 4;
Laws 1989, LB 33, § 46;
Laws 1989, LB 377, § 14;
Laws 1990, LB 1146, § 7;
Laws 1993, LB 356, § 1;
Laws 1996, LB 1274, § 33;
Laws 2001, LB 362, § 46;
Laws 2009, LB259, § 16.
Cross References
Public Funds Deposit Security Act, see section 77-2386.
2023 Nebraska Revised Statutes › Chapter 77 - Revenue and Taxation › 77-2326.05 - Clerk of the district court; deposits; limitation.

77-2326.05.
Clerk of the district court; 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 1947, c. 269, § 5, p. 870;
Laws 1988, LB 703, § 5;
Laws 1996, LB 1274, § 34.
2023 Nebraska Revised Statutes › Chapter 77 - Revenue and Taxation › 77-2326.06 - Clerk of the district court; deposits; security; contracts.

77-2326.06.
Clerk of the district court; deposits; security; contracts.
Every depository may secure deposits by giving a surety bond or giving security as provided in section 77-2326.04 and otherwise enter into and become a party to any contract or arrangement not inconsistent with this section, as may be reasonably necessary or proper to render fully effective section 77-2326.04. 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 1947, c. 269, § 6, p. 870;
Laws 1988, LB 703, § 6;
Laws 1989, LB 33, § 47;
Laws 1996, LB 1274, § 35;
Laws 2001, LB 362, § 47.
2023 Nebraska Revised Statutes › Chapter 77 - Revenue and Taxation › 77-2326.07 - Clerk of the district court; depositories; securities; list.

77-2326.07.
Clerk of the district court; depositories; securities; list.
The clerk of the district court shall at all times keep and certify to the county board a complete and correct list and description of the securities furnished by any depository to secure the deposits. 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 1947, c. 269, § 7, p. 870;
Laws 1988, LB 370, § 15;
Laws 1988, LB 703, § 7;
Laws 1989, LB 33, § 48;
Laws 1996, LB 1274, § 36;
Laws 2001, LB 362, § 48.
2023 Nebraska Revised Statutes › Chapter 77 - Revenue and Taxation › 77-2326.08 - Clerk of the county or district court; depositories; statement of funds.

77-2326.08.
Clerk of the county or district court; depositories; statement of funds.
Each depository shall furnish directly to the county board a sworn monthly statement of the funds of the county judge, clerk of the county court, and clerk of the district court 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 1947, c. 269, § 8, p. 870;
Laws 1988, LB 370, § 16;
Laws 1988, LB 703, § 8;
Laws 1989, LB 33, § 49;
Laws 1990, LB 1146, § 8;
Laws 1996, LB 1274, § 37;
Laws 2001, LB 362, § 49.
2023 Nebraska Revised Statutes › Chapter 77 - Revenue and Taxation › 77-2326.09 - Clerk of the county or district court; deputies; employees; liability.

77-2326.09.
Clerk of the county or district court; deputies; employees; liability.
The clerk of the county court, the clerk of the district court, their deputies or other employees, and their sureties shall not be liable for any loss resulting from the failure of any bank, capital stock financial institution, or qualifying mutual financial institution as to any such deposits made and maintained as provided in sections 77-2326.01 to 77-2326.09.
Source
Laws 1947, c. 269, § 9, p. 870;
Laws 1988, LB 370, § 17;
Laws 1989, LB 33, § 50;
Laws 1990, LB 1146, § 9;
Laws 2001, LB 362, § 50.
2023 Nebraska Revised Statutes › Chapter 77 - Revenue and Taxation › 77-2327 - Public funds; depository bonds; expiration.

77-2327.
Public funds; depository bonds; expiration.
All bonds given to secure deposits of public money by the state or by any county, except for deposit guaranty bonds defined under section 77-2387, shall expire on January 1 of each year.
Source
Laws 1927, c. 34, § 4, p. 158;
C.S.1929, § 77-2509;
Laws 1933, c. 128, § 1, p. 504;
C.S.Supp.,1941, § 77-2509;
R.S.1943, § 77-2327;
Laws 2000, LB 932, § 37.
Annotations
Bond given by state bank to secure school district deposit is valid obligation of sureties, notwithstanding absence of statute expressly granting such authority. School District of City of Bayard v. Vanatta, 123 Neb. 216, 242 N.W. 435 (1932).
It is lawful for bank to give depository bond to school district to secure deposit of its funds, and sureties thereon are bound thereby. Liberty High School District of Sioux County v. Currie, 122 Neb. 173, 240 N.W. 286 (1931).
2023 Nebraska Revised Statutes › Chapter 77 - Revenue and Taxation › 77-2329 - Public funds; treasurers or secretary-treasurers; when not liable under bond.

77-2329.
Public funds; treasurers or secretary-treasurers; when not liable under bond.
No treasurer or secretary-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 under and by direction of the proper legal authority if the bank, capital stock financial institution, or qualifying mutual financial institution has given bond in accordance with section 14-556, 15-846, 16-714, 17-720, 77-2318, 77-2344, 77-2352, 77-2355, or 77-2375 or given security as provided in the Public Funds Deposit Security Act.
Source
Laws 1891, c. 50, § 11, p. 354;
R.S.1913, § 6665;
C.S.1922, § 6196;
C.S.1929, § 77-2513;
R.S.1943, § 77-2329;
Laws 1953, c. 284, § 3, p. 922;
Laws 1987, LB 440, § 10;
Laws 1989, LB 33, § 52;
Laws 1994, LB 1118, § 19;
Laws 1996, LB 1274, § 38;
Laws 2001, LB 362, § 51.
Cross References
Public Funds Deposit Security Act, see section 77-2386.
Annotations
This section is limited to state and county funds. Village of Hampton v. Gausman, 136 Neb. 550, 286 N.W. 757 (1939).
Designation of bank as depository does not relieve treasurer from liability where bank did not give bond. City of Cozad v. Thompson, 126 Neb. 79, 252 N.W. 606 (1934).
County treasurer is not liable for interest on deposits which he has not collected and is unable to collect. Custer County v. Cavenee, 99 Neb. 101, 155 N.W. 605 (1915).
Reference to proper legal authority is to county board. State ex rel. First Nat. Bank of Stanton v. Owen, 41 Neb. 651, 59 N.W. 886 (1894).
2023 Nebraska Revised Statutes › Chapter 77 - Revenue and Taxation › 77-2334 - Sinking funds of county, township and school districts; investment; conditions.

77-2334.
Sinking funds of county, township and school districts; investment; conditions.
The county treasurer of any county in which there is a sinking fund on hand in the treasury for the redemption of outstanding county, township or school district bonds, when such sinking fund is not otherwise invested, shall invest such funds in legally issued and duly registered warrants and legally issued and duly registered county bonds of the county at face value of such warrants or county bonds in any amount he may deem advisable, not to exceed seventy-five percent of such fund, not otherwise invested and lying idle in the treasury;
Provided,
the time for payment of all such warrants or bonds so purchased shall be prior to the time when the sinking fund so invested should be in the hands of the treasurer for the purpose for which it was levied. All warrants or bonds so purchased shall be kept in the treasurer's office until paid by the respective funds on which they were drawn or issued in their regular order of registration.
Source
Laws 1897, c. 83, § 1, p. 357;
Laws 1901, c. 75, § 1, p. 464;
R.S.1913, § 6669;
C.S.1922, § 6200;
C.S.1929, § 77-2517;
R.S.1943, § 77-2334.
Annotations
County treasurer is legal custodian of sinking funds of a school district. School District No. 22 of Harlan County v. Harlan County, 127 Neb. 4, 254 N.W. 701 (1934).
2023 Nebraska Revised Statutes › Chapter 77 - Revenue and Taxation › 77-2335 - Sinking funds of county and other governmental subdivisions; investment in registered warrants; purchase and holding for benefit of fund.

77-2335.
Sinking funds of county and other governmental subdivisions; investment in registered warrants; purchase and holding for benefit of fund.
When any warrant issued by the proper authorities of any county, township, city, town or school district shall have been presented for payment and the same is not paid for want of funds, the treasurer shall, upon and under the direction of the county board of such county, purchase and take up such registered warrant with sinking funds in his hands and hold such warrant for the benefit of the fund so invested until the same is paid in its order, as provided by law.
Source
Laws 1895, c. 68, § 1, p. 241;
R.S.1913, § 6670;
C.S.1922, § 6201;
C.S.1929, § 77-2518;
R.S.1943, § 77-2335.
2023 Nebraska Revised Statutes › Chapter 77 - Revenue and Taxation › 77-2336 - Sinking funds of county; investment in registered warrants; authorization by county board; record.

77-2336.
Sinking funds of county; investment in registered warrants; authorization by county board; record.
The county board of any county in this state is authorized to provide for the purchase and taking up of registered warrants, as provided for in section 77-2335, out of the sinking funds in the hands of the county treasurer whenever in the judgment of such county board the same shall be safe and expedient. Before so investing any sinking funds, the county board shall fix and prescribe and enter of record general directions and authority to such county treasurer as to the funds to be invested, specifying the funds to be so invested, the kind and amount of warrants to be so invested in, and in so doing shall, as far as the same may be practicable, continue to invest the sinking fund which shall last become due and payable. Not more than fifty percent of the money so collected on any given sinking fund shall be so invested in warrants at any given time. When practicable, the warrants drawn by any given authority shall be provided for from the sinking funds belonging to the organization issuing such warrant, and of such provisions the county board shall give the treasurer notice.
Source
Laws 1895, c. 68, § 2, p. 241;
R.S.1913, § 6671;
C.S.1922, § 6202;
C.S.1929, § 77-2519;
R.S.1943, § 77-2336.
2023 Nebraska Revised Statutes › Chapter 77 - Revenue and Taxation › 77-2337 - Sinking funds of city; investment in warrants; limitation; direction to treasurer.

77-2337.
Sinking funds of city; investment in warrants; limitation; direction to treasurer.
The city council of any incorporated city of this state may make similar provision for the taking up of warrants out of the sinking funds in the hands of the city treasurer of such city. The warrants to be so purchased shall be limited to those of its own issue or to those of any school district situated mainly or wholly within the boundaries of such city. Upon a notice given of such direction it shall be the duty of such treasurer to so take up such warrants.
Source
Laws 1895, c. 68, § 3, p. 242;
R.S.1913, § 6672;
C.S.1922, § 6203;
C.S.1929, § 77-2520;
R.S.1943, § 77-2337.
2023 Nebraska Revised Statutes › Chapter 77 - Revenue and Taxation › 77-2338 - Sinking funds of school district; investment in warrants; limitation; direction to treasurer.

77-2338.
Sinking funds of school district; investment in warrants; limitation; direction to treasurer.
The school board of any school district in this state is authorized to direct the legal custodian of any of its sinking funds to invest such sinking funds in the warrants of such school district in like manner as hereinbefore provided for. The investment of such school district sinking fund under this section shall be limited to the warrants of its own issue. Upon such direction of the school board, the custodian of such sinking funds shall proceed to take up the warrants of such school district as herein provided for.
Source
Laws 1895, c. 68, § 4, p. 243;
R.S.1913, § 6673;
C.S.1922, § 6204;
C.S.1929, § 77-2521;
R.S.1943, § 77-2338.
Annotations
Interest received by county treasurer from depository banks on sinking funds for payment of bonds of school district must be credited to the general fund of the county. School District No. 22 of Harlan County v. Harlan County, 127 Neb. 4, 254 N.W. 701 (1934).
2023 Nebraska Revised Statutes › Chapter 77 - Revenue and Taxation › 77-2339 - Sinking funds of township; investment in warrants; limitation; direction to county treasurer.

77-2339.
Sinking funds of township; investment in warrants; limitation; direction to county treasurer.
The township board in counties under township organization is authorized and instructed to direct the county treasurer to invest the sinking fund of the township in the custody of the county treasurer in the warrants of the township. The investment of the sinking fund shall be limited to warrants of its own issue. Upon an order of the township board properly signed by the supervisor and countersigned by the township clerk, the county treasurer shall invest the sinking fund for the benefit of the township as provided in this section.
Source
Laws 1895, c. 68, § 5, p. 243;
R.S.1913, § 6674;
C.S.1922, § 6205;
C.S.1929, § 77-2522;
R.S.1943, § 77-2339.
2023 Nebraska Revised Statutes › Chapter 77 - Revenue and Taxation › 77-2340 - County funds; investment of funds; time deposits; security required; exception.

77-2340.
County funds; investment of funds; time deposits; security required; exception.
The county treasurers of the various counties of the state may, upon resolution of their respective county boards authorizing the same, make time deposits in banks, capital stock financial institutions, or qualifying mutual financial institutions selected as depositories of county funds under the provisions of sections 77-2312 to 77-2315. The time deposits shall bear interest and shall be secured as set forth in section 77-2304 or 77-2320, 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 77-2320 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 1931, c. 18, § 2, p. 90;
C.S.Supp.,1941, § 77-2524;
R.S.1943, § 77-2340;
Laws 1961, c. 392, § 3, p. 1191;
Laws 1972, LB 1069, § 7;
Laws 1975, LB 164, § 1;
Laws 1989, LB 33, § 53;
Laws 1992, LB 757, § 27;
Laws 2001, LB 362, § 52;
Laws 2009, LB259, § 17.
2023 Nebraska Revised Statutes › Chapter 77 - Revenue and Taxation › 77-2341 - Funds of governmental subdivision; investment of surplus; securities authorized.

77-2341.
Funds of governmental subdivision; investment of surplus; securities authorized.
(1) Whenever any county, city, village, or other governmental subdivision, other than a school district, of the State of Nebraska has accumulated a surplus of any fund in excess of its current needs or has accumulated a sinking fund for the payment of its bonds and the money in such sinking fund exceeds the amount necessary to pay the principal and interest of any such bonds which become due during the current year, the governing body of such county, city, village, or other governmental subdivision may invest any such surplus in excess of current needs or such excess in its sinking fund in certificates of deposit, in time deposits, and in any securities in which the state investment officer is authorized to invest pursuant to the Nebraska Capital Expansion Act and the Nebraska State Funds Investment Act and as provided in the authorized investment guidelines of the Nebraska Investment Council in effect on the date the investment is made. The state investment officer shall upon request furnish a copy of current authorized investment guidelines of the Nebraska Investment Council.
(2) Whenever any school district of the State of Nebraska has accumulated a surplus of any fund in excess of its current needs or has accumulated a fund for the payment of bonds and the money in such fund exceeds the amount necessary to pay the principal and interest of any such bonds which become due during the current year, the board of education of such school district may invest any such surplus in excess of current needs or such excess in the bond fund in securities in which such board of education is authorized to invest pursuant to section 79-1043.
(3) Nothing in subsection (1) of this section shall be construed to restrict investments authorized pursuant to section 14-563.
(4) Nothing in subsections (1), (2), and (3) of this section shall be construed to authorize investments in venture capital.
Source
Laws 1931, c. 152, § 1, p. 411;
C.S.Supp.,1941, § 77-2528;
Laws 1943, c. 179, § 1, p. 624;
R.S.1943, § 77-2341;
Laws 1959, c. 263, § 18, p. 947;
Laws 1961, c. 392, § 4, p. 1191;
Laws 1989, LB 221, § 6;
Laws 1994, LB 1066, § 83;
Laws 1996, LB 900, § 1062.
Cross References
For investments for the Board of Educational Lands and Funds, see sections 72-202, 77-2204, and 77-2205.
Nebraska Capital Expansion Act, see section 72-1269.
Nebraska State Funds Investment Act, see section 72-1260.
Annotations
Sinking fund for payment of bonds was anticipated. Talbott v. Village of Lyons, 171 Neb. 186, 105 N.W.2d 918 (1960).
2023 Nebraska Revised Statutes › Chapter 77 - Revenue and Taxation › 77-2342 - Metropolitan utilities district funds; deposit required.

77-2342.
Metropolitan utilities district funds; deposit required.
A metropolitan utilities district shall deposit the funds received or held by the district in such bank, capital stock financial institution, or qualifying mutual financial institution, situated within the boundaries of such district, as shall have been and shall be from time to time approved by the governing body of such district as official depositories for the funds belonging to such district. Such deposit shall be made subject to the conditions in sections 77-2342 to 77-2349. 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, § 1, p. 378;
C.S.Supp.,1941, § 77-2530;
R.S.1943, § 77-2342;
Laws 1989, LB 33, § 54;
Laws 1992, LB 746, § 75;
Laws 2001, LB 177, § 5;
Laws 2001, LB 362, § 53.
2023 Nebraska Revised Statutes › Chapter 77 - Revenue and Taxation › 77-2343 - Metropolitan utilities district funds; depositories; designation; conditions.

77-2343.
Metropolitan utilities district funds; depositories; designation; conditions.
Depositories shall be such banks, capital stock financial institutions, or qualifying mutual financial institutions as shall be from time to time designated by the governing body of a metropolitan utilities district 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. No deposit shall be made except in a duly designated depository, and deposits shall be withdrawn by the district immediately upon the withdrawal of the designation of any bank, capital stock financial institution, or qualifying mutual financial institution as a depository. All deposits shall be subject to payment on demand upon the check or order 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 1933, c. 95, § 2, p. 378;
Laws 1935, c. 6, § 1, p. 69;
C.S.Supp.,1941, § 77-2531;
R.S.1943, § 77-2343;
Laws 1989, LB 33, 55;
Laws 2001, LB 177, § 6;
Laws 2001, LB 362, § 54.
2023 Nebraska Revised Statutes › Chapter 77 - Revenue and Taxation › 77-2344 - Metropolitan utilities district funds; depositories; bond or securities authorized.

77-2344.
Metropolitan utilities district funds; depositories; bond or securities authorized.
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 metropolitan utilities district has received from such 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 1933, c. 95, § 2, p. 378;
Laws 1935, c. 6, § 1, p. 69;
C.S.Supp.,1941, § 77-2531;
R.S.1943, § 77-2344;
Laws 1959, c. 263, § 19, p. 948;
Laws 1989, LB 33, § 56;
Laws 1989, LB 377, § 15;
Laws 1992, LB 746, § 76;
Laws 1992, LB 757, § 28;
Laws 1996, LB 1274, § 39;
Laws 2001, LB 177, § 7;
Laws 2001, LB 362, § 55;
Laws 2009, LB259, § 18.
Cross References
Public Funds Deposit Security Act, see section 77-2386.
2023 Nebraska Revised Statutes › Chapter 77 - Revenue and Taxation › 77-2345 - Metropolitan utilities district funds; depositories; limitation on amount.

77-2345.
Metropolitan utilities district funds; depositories; limitation on amount.
No deposit shall be made in any designated bank, capital stock financial institution, or qualifying mutual financial institution (1) in excess of the amount insured or guaranteed by the Federal Deposit Insurance Corporation or (2) in excess of the obligation of the depository bond at the time any deposit of funds is made or during the period in which the deposit of funds remains in the 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, § 77-2345;
Laws 1989, LB 33, § 57;
Laws 1992, LB 757, § 29;
Laws 1996, LB 1274, § 40;
Laws 2001, LB 362, § 56;
Laws 2009, LB259, § 19.