BONDS AND OATHS, OFFICIAL

Neb. Rev. Stat. ch. 11

in effect

Neb. Rev. Stat. § 11-101 Oath of office; officers of state and political subdivisions, except constitutional officers; form; endorsement on bonds; filing.

11-101. Oath of office; officers of state and political subdivisions, except constitutional officers; form; endorsement on bonds; filing. All state, district, county, precinct, township, municipal, and especially appointed officers, except those mentioned in Article XV, section 1, of the Constitution of the State of Nebraska, shall, before entering upon their respective duties, take and subscribe the following oath, which shall be endorsed upon their respective bonds: I, ......................, do solemnly swear that I will support the Constitution of the United States and the Constitution of the State of Nebraska, against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; that I take this obligation freely and without mental reservation or for purpose of evasion; and that I will faithfully and impartially perform the duties of the office of ........................, according to law, and to the best of my ability. And I do further swear that I do not advocate, nor am I a member of any political party or organization that advocates the overthrow of the government of the United States or of this state by force or violence; and that during such time as I am in this position I will not advocate nor become a member of any political party or organization that advocates the overthrow of the government of the United States or of this state by force or violence. So help me God. If any such officer is not required to give bond, the oath shall be filed in the office of the Secretary of State, or of the clerk of the county, city, village, or other municipal subdivision of which he shall be an officer. Laws 1881, c. 13, § 1, p. 94; R.S.1913, § 5707; C.S.1922, § 5037; C.S.1929, § 12-101; R.S.1943, § 11-101; Laws 1951, c. 206, § 2, p. 766.

Neb. Rev. Stat. § 11-101.01 Oath of office; state and political subdivisions; employees; form.

11-101.01. Oath of office; state and political subdivisions; employees; form. All persons in Nebraska, with the exception of executive and judicial officers and members of the Legislature who are required to take the oath prescribed by Article XV, section 1, of the Constitution of Nebraska, who are paid from public funds for their services, including teachers and all other employees paid from public school funds, shall be required to take and subscribe an oath in writing, before a person authorized to administer oaths in this state, and file same with the Department of Administrative Services, or the county clerk of the county where such services are performed, which oath shall be as follows: I, .........., do solemnly swear that I will support and defend the Constitution of the United States and the Constitution of the State of Nebraska, against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; that I take this obligation freely, without any mental reservation or for purpose of evasion; and that I will faithfully and impartially perform the duties of the office of .......... according to law, and to the best of my ability. And I do further swear that I do not advocate, nor am I a member of any political party or organization that advocates the overthrow of the government of the United States or of this state by force or violence; and that during such time as I am in this position I will not advocate nor become a member of any political party or organization that advocates the overthrow of the government of the United States or of this state by force or violence. So help me God. Laws 1951, c. 206, § 1, p. 765; Laws 1967, c. 35, § 1, p. 158.

Neb. Rev. Stat. § 11-101.02 Oath of office; false statement; penalty.

11-101.02. Oath of office; false statement; penalty. If any false statement is made in taking either of the oaths prescribed in sections 11-101 and 11-101.01, the person making such false statement shall be deemed guilty of a Class IV felony. No person convicted of perjury in taking the oath as prescribed in either section 11-101 or 11-101.01, shall hold any nonelective position, job, or office for the State of Nebraska, or any political subdivision thereof, where the remuneration of such position, job, or office is paid in whole or in part by public money or funds of the State of Nebraska, or of any political subdivision thereof. Laws 1951, c. 206, § 3, p. 767; Laws 1977, LB 40, § 71.

Neb. Rev. Stat. § 11-101.03 Oath; affirmation; effect.

11-101.03. Oath; affirmation; effect. Whenever an oath is required by section 11-101 or 11-101.01, the affirmation of a person conscientiously scrupulous of taking an oath shall have the same effect. Laws 1951, c. 206, § 5, p. 768.

Neb. Rev. Stat. § 11-102 Bonds; state officers; form.

11-102. Bonds; state officers; form. All official bonds of state officers must be in form joint and several, and made payable to the State of Nebraska in such penalty and with such conditions as required by sections 11-101 to 11-122, or the law creating or regulating the office; Provided, however, all bonds of state officers in excess of one hundred thousand dollars, when executed by more than one guaranty, surety, fidelity or bonding company as sureties, may be several in form and limit the liability of any one company to an amount less than the total penalty of the bond, provided that the aggregate amount shall not be less than the penalty required by law. Laws 1881, c. 13, § 2, p. 94; R.S.1913, § 5708; C.S.1922, § 5038; C.S.1929, § 12-102; Laws 1935, c. 21, § 1, p. 104; C.S.Supp.,1941, § 12-102; R.S.1943, § 11-102.

Neb. Rev. Stat. § 11-103 Bonds; county, township, school district, precinct officers; form.

11-103. Bonds; county, township, school district, precinct officers; form. All official bonds of county, township, school district, and precinct officers must be in form joint and several, and made payable to the county in which the officer giving the same shall be elected or appointed, in such penalty and with such conditions as required by sections 11-101 to 11-122 or the law creating or regulating the duties of the office. Laws 1881, c. 13, § 3, p. 95; R.S.1913, § 5709; C.S.1922, § 5039; C.S.1929, § 12-103; R.S.1943, § 11-103.

Neb. Rev. Stat. § 11-104 Bonds or insurance coverage; municipal officers; form.

11-104. Bonds or insurance coverage; municipal officers; form. (1) All official bonds of officers of cities, towns, and villages shall be executed pursuant to section 11-103, except that they shall be made payable to the city, town, or village in which the officers giving such bonds shall be elected or appointed, in such penalty as the city council or board of trustees of the village may fix. (2) In any city or village, in place of the individual bonds required to be furnished by municipal officers, a schedule, position, blanket bond or undertaking, or evidence of equivalent insurance may be given by municipal officers, or a single corporate surety fidelity, schedule, position, or blanket bond or undertaking, or evidence of insurance coverage covering all the officers, including officers required by law to furnish an individual bond or undertaking, may be furnished. The municipality may pay the premium for the bond or insurance coverage. The bond or insurance coverage shall be, at a minimum, an aggregate of the amounts fixed by law or by the person, council, or board authorized by law to fix the amounts and with such terms and conditions as may be required. Laws 1881, c. 13, § 4, p. 95; R.S.1913, § 5710; C.S.1922, § 5040; C.S.1929, § 12-104; R.S.1943, § 11-104; Laws 2007, LB347, § 1.

Neb. Rev. Stat. § 11-105 Bonds and oaths; filing; time.

11-105. Bonds and oaths; filing; time. (1) Official bonds, with the oath endorsed thereon, shall be filed in the proper office within the following time: (a) Of all officers elected at any general election, following receipt of their election certificate and not later than ten days before the first Thursday after the first Tuesday in January next succeeding the election; (b) Of all appointed officers, within thirty days after their appointment; and (c) Of officers elected at any special election and city and village officers, within thirty days after the canvass of the votes of the election at which they were chosen. (2) The filing of the bond with the oath endorsed thereon does not authorize a person to take any official action prior to the beginning of his or her term of office pursuant to Article XVII, section 5, of the Constitution of Nebraska. (3) In counties which provide a bond for county officers pursuant to subdivision (22) of section 11-119, such county officers are not required to comply with the timing requirements of subsection (1) of this section with regard to their official bond but shall file their oaths of office in the proper offices prior to the beginning of their terms of office. Laws 1881, c. 13, § 5, p. 95; R.S.1913, § 5711; C.S.1922, § 5041; C.S.1929, § 12-105; R.S.1943, § 11-105; Laws 1976, LB 534, § 1; Laws 2013, LB311, § 1.

Neb. Rev. Stat. § 11-106 Bonds; state and district officers; approval; filing; place; recording.

11-106. Bonds; state and district officers; approval; filing; place; recording. The official bonds of all state and district officers except Governor shall be approved by the Governor, and filed and recorded in the office of the Secretary of State. The official bond of the Governor shall be approved by the Chief Justice of the Supreme Court. The official bond of the Secretary of State shall be filed and recorded in the office of the Director of Administrative Services. Laws 1881, c. 13, § 6, p. 95; R.S.1913, § 5712; C.S.1922, § 5042; C.S.1929, § 12-106; R.S.1943, § 11-106.

Neb. Rev. Stat. § 11-107 Bonds; county, precinct, township officers; approval; filing; place; recording.

11-107. Bonds; county, precinct, township officers; approval; filing; place; recording. The official bonds of all county, precinct and township officers shall be approved by the county board, except the official bonds of the county commissioners or supervisors, which shall be approved by the county judge. All such bonds shall be filed and recorded in the office of the county clerk, except the bonds of the county clerk and members of the county board, which shall be filed and recorded in the office of the county judge. The official bond of a school district treasurer must be approved by the president and secretary, and filed in the office of the treasurer of the county. Laws 1881, c. 13, § 7, p. 95; R.S.1913, § 5713; C.S.1922, § 5043; C.S.1929, § 12-107; R.S.1943, § 11-107; Laws 1959, c. 27, § 1, p. 177.

Neb. Rev. Stat. § 11-108 Bonds; state officers; sureties; number; qualification; affidavits required.

11-108. Bonds; state officers; sureties; number; qualification; affidavits required. Each official bond of a state officer shall be executed by the officer as principal and by at least three residents of the state as sureties who shall be worth in the aggregate the amount of the bond over and above all their present indebtedness; and affidavits of the sureties, showing the value of the property owned by each and subject to levy and sale under execution in this state, shall be made and presented to the officer approving such bond, and shall be filed therewith; or the bond of any state officer may be executed by the officer as principal and by a guaranty, surety, fidelity or bonding company as surety, or by two or more of such companies as sureties. Only such companies as are legally authorized to transact business in this state shall be eligible to suretyship on the bond of a state officer. Laws 1881, c. 13, § 8, p. 96; Laws 1905, c. 10, § 1, p. 63; R.S.1913, § 5714; C.S.1922, § 5044; C.S.1929, § 12-108; R.S.1943, § 11-108.

Neb. Rev. Stat. § 11-109 Bonds; county and precinct officers; sureties; number; qualification.

11-109. Bonds; county and precinct officers; sureties; number; qualification. All official bonds of county, precinct and other local officers shall be executed by the principal named in such bonds and by at least two sufficient sureties who shall be freeholders of the county in which such bonds are given; or any official bond of a county, precinct or local officer may be executed by the officer as principal and by a guaranty, surety, fidelity or bonding company as surety, or by two or more of such companies. Only such companies as are legally authorized to transact business in this state shall be eligible to suretyship on the bond of a county, precinct or other local officer. Laws 1881, c. 13, § 9, p. 96; Laws 195, c. 10, § 1, p. 63; R.S.1913, § 5715; C.S.1922, § 5045; C.S.1929, § 12-109; R.S.1943, § 11-109.

Neb. Rev. Stat. § 11-110 Bonds; recording; copies; fee.

11-110. Bonds; recording; copies; fee. The officers with whom any official bonds are required by law to be filed shall carefully record and preserve the same in their respective offices, and shall give certified copies thereof, when required, under the seal of their office, and shall be entitled to receive for the same the usual fee allowed by law for certified copies of records in other cases. Laws 1881, c. 13, § 10, p. 96; R.S.1913, § 5716; C.S.1922, § 5046; C.S.1929, § 12-110; R.S.1943, § 11-110.

Neb. Rev. Stat. § 11-111 Bonds; endorsement of approval required.

11-111. Bonds; endorsement of approval required. The approval of each official bond shall be endorsed upon such bond by the officer approving the same, and no bond shall be filed and recorded until so approved. Laws 1881, c. 13, § 11, p. 97; R.S.1913, § 5717; C.S.1922, § 5047; C.S.1929, § 12-111; R.S.1943, § 11-111.

Neb. Rev. Stat. § 11-112 Bonds; terms.

11-112. Bonds; terms. All official bonds shall obligate the principal and sureties for the faithful discharge of all duties required by law of such principal, and shall inure to the benefit of any persons injured by a breach of the conditions of such bonds. Laws 1881, c. 13, § 12, p. 97; R.S.1913, § 5718; C.S.1922, § 5048; C.S.1929, § 12-112; R.S.1943, § 11-112.

Neb. Rev. Stat. § 11-113 Bonds; irregularities; effect.

11-113. Bonds; irregularities; effect. No official bond shall be rendered void by reason of any informality or irregularity in its execution or approval. Laws 1881, c. 13, § 13, p. 97; R.S.1913, § 5719; C.S.1922, § 5049; C.S.1929, § 12-113; R.S.1943, § 11-113.

Neb. Rev. Stat. § 11-114 Bonds; sureties; public officers or deputies and attorneys, ineligible.

11-114. Bonds; sureties; public officers or deputies and attorneys, ineligible. No state or county officers, or their deputies, shall be taken as security on the bond of any administrator, executor, or other officer from whom by law bond is or may be required, and no practicing attorney shall be taken as surety on any official bond, or bond in any legal proceedings in the district in which he may reside. Laws 1881, c. 13, § 14, p. 97; R.S.1913, § 5720; C.S.1922, § 5050; C.S.1929, § 12-114; R.S.1943, § 11-114.

Neb. Rev. Stat. § 11-115 Bonds; failure to furnish; show cause order; effect.

11-115. Bonds; failure to furnish; show cause order; effect. If any person elected or appointed to any office neglects to have his or her official bond executed and approved as provided by law and filed for record within the time limited by sections 11-101 to 11-122, the officer with whom the bond is required to be filed shall immediately issue an order to such person to show cause why he or she has failed to properly file such bond and why his or her office should not be declared vacant. If such person properly files the official bond within ten days of the issuance of the show cause order for appointed officials or before the date for taking office for elected officials, such filing shall be deemed to be in compliance with sections 11-101 to 11-122. If such person does not file the bond within ten days of the issuance of such order for appointed officials or before the date for taking office for elected officials and sufficient cause is not shown within that time, his or her office shall thereupon ipso facto become vacant, and such vacancy shall thereupon immediately be filled by election or appointment as the law may direct in other cases of vacancy in the same office. This section does not apply to county officers covered pursuant to subdivision (22) of section 11-119. Laws 1881, c. 13, § 15, p. 97; R.S.1913, § 5721; C.S.1922, § 5051; C.S.1929, § 12-115; R.S.1943, § 11-115; Laws 1976, LB 534, § 2; Laws 2013, LB311, § 2.

Neb. Rev. Stat. § 11-116 Bonds; officers appointed to fill vacancies; requirements.

11-116. Bonds; officers appointed to fill vacancies; requirements. Any person appointed to fill a vacancy, before entering upon the duties of the office, must give a bond corresponding in substance and form with the bond required of the officer originally elected or appointed, as herein provided. Laws 1881, c. 13, § 16, p. 97; R.S.1913, § 5722; C.S.1922, § 5052; C.S.1929, § 12-116; R.S.1943, § 11-116.

Neb. Rev. Stat. § 11-117 Bonds and oaths; officers reelected, reappointed, holding over; requirements.

11-117. Bonds and oaths; officers reelected, reappointed, holding over; requirements. When the incumbent of an office is reelected or reappointed he shall qualify by taking the oath and giving the bond as above directed, but when such officer has had public funds or property in his control, his bond shall not be approved until he has produced and fully accounted for such funds and property. When it is ascertained that the incumbent of an office holds over by reason of the nonelection or nonappointment of a successor, or of the neglect or refusal of the successor to qualify, he shall qualify anew within ten days from the time at which his successor, if elected, should have qualified. Laws 1881, c. 13, § 17, p. 97; R.S.1913, § 5723; C.S.1922, § 5053; C.S.1929, § 12-117; R.S.1943, § 11-117.

Neb. Rev. Stat. § 11-118 Bonds; successive terms; sureties; qualification.

11-118. Bonds; successive terms; sureties; qualification. No person shall be surety for the same officer for more than two successive terms of the same office; but this provision shall not apply to incorporated surety companies. Laws 1881, c. 13, § 18, p. 98; Laws 1905, c. 11, § 1, p. 64; R.S.1913, § 5724; C.S.1922, § 5054; C.S.1929, § 12-118; R.S.1943, § 11-118.

Neb. Rev. Stat. § 11-119 Bonds; officers; penal sums.

11-119. Bonds; officers; penal sums. The following named officers shall execute a bond with penalties of the following amounts: (1) The Governor, one hundred thousand dollars; (2) The Lieutenant Governor, one hundred thousand dollars; (3) The Auditor of Public Accounts, one hundred thousand dollars; (4) The Secretary of State, one hundred thousand dollars; (5) The Attorney General, one hundred thousand dollars; (6) The State Treasurer, not less than one million dollars and not more than double the amount of money that may come into his or her hands, to be fixed by the Governor; (7) Each county attorney, a sum not less than one thousand dollars to be fixed by the county board; (8) Each clerk of the district court, not less than five thousand dollars or more than one hundred thousand dollars to be determined by the county board; (9) Each county clerk, not less than one thousand dollars or more than one hundred thousand dollars to be determined by the county board, except that when a county clerk also has the duties of other county offices the minimum bond shall be two thousand dollars; (10) Each county treasurer, not less than ten thousand dollars and not more than the amount of money that may come into his or her hands, to be determined by the county board; (11) Each sheriff, in counties of not more than twenty thousand inhabitants, five thousand dollars, and in counties over twenty thousand inhabitants, ten thousand dollars; (12) Each district superintendent of public instruction, one thousand dollars; (13) Each county surveyor, five hundred dollars; (14) Each county commissioner or supervisor, in counties of not more than twenty thousand inhabitants, one thousand dollars, in counties over twenty thousand and not more than thirty thousand inhabitants, two thousand dollars, in counties over thirty thousand and not more than fifty thousand inhabitants, three thousand dollars, and in counties over fifty thousand inhabitants, five thousand dollars; (15) Each register of deeds in counties having a population of more than sixteen thousand five hundred inhabitants, not less than two thousand dollars or more than one hundred thousand dollars to be determined by the county board; (16) Each township clerk, two hundred fifty dollars; (17) Each township treasurer, two thousand dollars; (18) Each county assessor, not more than five thousand dollars and not less than two thousand dollars; (19) Each school district treasurer, not less than five hundred dollars or more than double the amount of money that may come into his or her hands, the amount to be fixed by the president and secretary of the district; (20) Each road overseer, two hundred fifty dollars; (21) Each member of a county weed district board and the manager thereof, such amount as may be determined by the county board of commissioners or supervisors of each county with the same amount to apply to each member of any particular board; (22) In any county, in lieu of the individual bonds required to be furnished by county officers, a schedule, position, or blanket bond or undertaking may be given by county officers, or a single corporate surety fidelity, schedule, position, or blanket bond or undertaking covering all the officers, including officers required by law to furnish an individual bond or undertaking, may be furnished. The county may pay the premium for the bond. The bond shall be, at a minimum, an aggregate of the amounts fixed by law or by the person or board authorized by law to fix the amounts, and with such terms and conditions as may be required by sections 11-101 to 11-130; and (23) Each learning community coordinating council treasurer, not less than five hundred dollars or more than double the amount of money that may come into his or her hands, the amount to be fixed by the learning community coordinating council. All other state officers, department heads, and employees shall be bonded or insured as required by section 11-201. Laws 1881, c. 13, § 19, p. 98; Laws 1901, c. 11, § 1, p. 63; Laws 1905, c. 12, § 1, p. 66; R.S.1913, § 5725; Laws 1917, c. 110, § 1, p. 282; C.S.1922, § 5055; Laws 1927, c. 156, § 1, p. 417; C.S.1929, § 12-119; Laws 1933, c. 115, § 1, p. 460; Laws 1935, c. 22, § 1, p. 105; C.S.Supp.,1941, § 12-119; R.S.1943, § 11-119; Laws 1947, c. 16, § 4, p. 97; Laws 1951, c. 14, § 1, p. 89; Laws 1963, c. 38, § 1, p. 206; Laws 1965, c. 538, § 31, p. 1716; Laws 1967, c. 36, § 1, p. 160; Laws 1969, c. 52, § 1, p. 350; Laws 1971, LB 298, § 1; Laws 1972, LB 1032, § 93; Laws 1973, LB 226, § 1; Laws 1974, LB 7, § 1; Laws 1975, LB 103, § 1; Laws 1978, LB 653, § 6; Laws 1983, LB 369, § 1; Laws 1988, LB 1030, § 1; Laws 1995, LB 179, § 1; Laws 1999, LB 272, § 1; Laws 2004, LB 884, § 8; Laws 2009, LB392, § 1.

Neb. Rev. Stat. § 11-121 Bond or insurance; persons entrusted with public funds; penal sum; approval.

11-121. Bond or insurance; persons entrusted with public funds; penal sum; approval. Any officer or person who is entrusted with funds belonging to the State of Nebraska or any county thereof, which may come into his or her possession by any appropriation or otherwise, shall be responsible for the same upon his or her bond or equivalent commercial insurance policy. When any officer or person is entrusted with any such fund and there is no provision of law requiring him or her to give a bond or equivalent commercial insurance policy in a certain specified sum, he or she shall give bond or equivalent commercial insurance policy in double the amount of the sum so entrusted to him or her, which in the case of state funds shall be approved by the Chief Justice of the Supreme Court, and deposited in the office of the Secretary of State. In the case of county funds, such bonds or equivalent commercial insurance policy shall be approved by the county board and deposited in the county clerk's office. No warrant shall be issued or money paid over to such officer or person until the bond is filed as provided in this section. This section shall not be construed to require any additional bond or insurance to be furnished by state officers or employees bonded or insured as specified in section 11-201. Laws 1881, c. 13, § 21, p. 100; Laws 1905, c. 11, § 2, p. 64; R.S.1913, § 5727; C.S.1922, § 5057; C.S.1929, § 12-121; R.S.1943, § 11-121; Laws 1978, LB 653, § 7; Laws 2004, LB 884, § 9.

Neb. Rev. Stat. § 11-122 Bonds; county treasurer; power of county board to require; failure to furnish; effect.

11-122. Bonds; county treasurer; power of county board to require; failure to furnish; effect. The county board of any one of the counties of this state may require the county treasurer to give additional surety or sureties whenever in its opinion the existing security shall have become insufficient, and such board is hereby also empowered to demand and receive from such county treasurer an additional bond as required by law with good and sufficient surety or sureties in such sum as said board, or a majority thereof, may direct, whenever in its opinion more money shall have passed or is about to pass into the hands of such treasurer than is or would be recovered under the penalty in the previous bond. If any county treasurer shall fail or refuse to give such additional security or bond for and during the time of ten days from and after the day on which said board shall have required such treasurer so to do, his office shall be considered vacant, and another treasurer shall be appointed agreeable to the provisions of law. Laws 1881, c. 13, § 21, p. 100; Laws 1905, c. 11, § 2, p. 65; R.S.1913, § 5727; C.S.1922, § 5057; C.S.1929, § 12-121; R.S.1943, § 11-122.

Neb. Rev. Stat. § 11-123 Bonds; guaranty companies; eligibility; approval.

11-123. Bonds; guaranty companies; eligibility; approval. Whenever any recognizance, stipulation, bond or undertaking, conditioned for the faithful performance of any duty or for doing or refraining from doing anything in such recognizance, stipulation, bond or undertaking specified, is, by the laws of this state, required or permitted to be given with one surety or with two or more sureties, the execution of the same, or the guaranteeing of the performance of the conditions thereof, shall be sufficient when executed or guaranteed solely by a corporation duly organized and existing under the laws of this state, or of any state of the United States, having a paid-up capital of not less than one hundred thousand dollars and having power under its charter to guarantee or insure the fidelity of persons holding places of public and private trust, to become surety on bonds and obligations of persons and corporations, and to become surety on any bond, recognizance or other writing in the nature of a bond, in the same manner that natural persons may, subject to all the rights and liabilities of such persons; Provided, such corporation is approved as surety upon such recognizance, stipulation, bond or undertaking by the head of the department, court, judge, officer, board or body executive, legislative or judicial, required or authorized to approve or accept the same. Laws 1895, c. 22, § 1, p. 122; R.S.1913, § 5728; C.S.1922, § 5058; C.S.1929, § 12-122; Laws 1935, c. 98, § 3, p. 327; C.S.Supp.,1941, § 12-122; R.S.1943, § 11-123.

Neb. Rev. Stat. § 11-124 Bonds; guaranty companies; failure to pay judgment; penalty.

11-124. Bonds; guaranty companies; failure to pay judgment; penalty. If any such corporation fails, neglects, or refuses to pay any fine, judgment, or decree rendered against it upon any such recognizance, stipulation, bond, or undertaking, from which no appeal, writ of error, or supersedeas is taken for ninety days after the entry of such judgment or decree, it shall forfeit all rights to do business in this state until such judgment or decree is fully paid or satisfied. Laws 1895, c. 22, § 3, p. 123; R.S.1913, § 5730; C.S.1922, § 5059; C.S.1929, § 12-123; R.S.1943, § 11-124; Laws 2000, LB 921, § 1.

Neb. Rev. Stat. § 11-125 Bonds; county officers; premium paid by county; conditions.

11-125. Bonds; county officers; premium paid by county; conditions. If any county treasurer, county attorney, clerk of the district court, county clerk, county assessor, register of deeds, county sheriff, county commissioner or supervisor, or acting officer who is appointed as provided by section 32-561 furnishes a bond executed by a surety company authorized by the laws of this state to execute such bond and such bond is approved by the county board, then the county may pay the premium for such bond. Any surety bond so executed and approved shall contain a covenant to the effect that when the stated term of the bond is reduced to a shorter term by reason of the death, resignation, or removal from office of such official for a cause not imposing liability on the bond, the obligor shall refund to the county the unearned portion of the premium so paid for the term of the bond subject to a reasonable minimum premium charge. Laws 1905, c. 49, § 1, p. 294; R.S.1913, § 5731; C.S.1922, § 5060; C.S.1929, § 12-124; Laws 1935, c. 25, § 1, p. 118; Laws 1941, c. 17, § 1, p. 101; C.S.Supp.,1941, § 12-124; Laws 1943, c. 21, § 1(1), p. 112; R.S.1943, § 11-125; Laws 1972, LB 1032, § 94; Laws 1994, LB 76, § 467; Laws 1999, LB 272, § 2; Laws 2021, LB355, § 1.

Neb. Rev. Stat. § 11-126 Bonds; deputies or employees of county officers; alternatives.

11-126. Bonds; deputies or employees of county officers; alternatives. Whenever any deputy or employee of any county treasurer, county attorney, clerk of the district court, county clerk, county assessor, register of deeds, county sheriff, or county commissioner or supervisor shall be required by law or the order of the county board of any county to supply bond, either (1) such deputy or employee shall furnish a bond by a surety company, which bond shall be approved by the county board, and the county may pay the premium for such bond; or (2) the county board may arrange and pay for the writing of a blanket corporate surety bond for the benefit of the county, bonding (a) all such employees of the county or (b) all such deputy county officials or (c) both subdivisions (a) and (b) of this subdivision. Laws 1941, c. 17, § 1, p. 101; C.S.Supp.,1941, § 12-124; Laws 1943, c. 21, § 1(2), p. 113; R.S.1943, § 11-126; Laws 1947, c. 78, § 1, p. 245; Laws 1983, LB 369, § 2; Laws 1999, LB 272, § 3.

Neb. Rev. Stat. § 11-127 Bonds; premium paid by county; manner of paying.

11-127. Bonds; premium paid by county; manner of paying. Upon the execution and approval of the bonds upon which the county pays premium, the county board shall direct the county clerk to draw warrants upon the county treasurer in payment of such premiums against the general fund of the county, such warrants to be signed by the chairman of the county board, countersigned by the county clerk, and sealed with the county seal. Laws 1905, c. 49, § 2, p. 295; C.S.1913, § 5732; C.S.1922, § 5061; C.S.1929, § 12-125; Laws 1941, c. 17, § 2, p. 102; C.S.Supp.,1941, § 12-125; R.S.1943, § 11-127.

Neb. Rev. Stat. § 11-128 Bond; State Treasurer; premium paid by state; conditions.

11-128. Bond; State Treasurer; premium paid by state; conditions. Whenever the State Treasurer in giving the bond required from him by law shall furnish a bond executed by a surety company authorized by the laws of this state to execute such bond, and such bond shall be approved by the Governor, then in each case the state shall pay the premium for such bond, not to exceed one-half of one percent per annum of the penalty in the bond so executed and approved. Laws 1905, c. 209, § 1, p. 703; R.S.1913, § 5733; C.S.1922, § 5062; C.S.1929, § 12-126; Laws 1935, c. 24, § 1, p. 117; C.S.Supp.,1941, § 12-126; R.S.1943, § 11-128.

Neb. Rev. Stat. § 11-129 Bond; premium paid by state; manner of paying.

11-129. Bond; premium paid by state; manner of paying. Upon the execution of such bond it shall be the duty of the Director of Administrative Services to draw a warrant for the payment of such premium, countersigned by the State Treasurer and paid out of the appropriation made therefor. Laws 1905, c. 209, § 3, p. 703; R.S.1913, § 5734; C.S.1922, § 5063; C.S.1929, § 12-127; R.S.1943, § 11-129; Laws 1969, c. 53, § 1, p. 353.

Neb. Rev. Stat. § 11-130 Bonds; suretyship; joint control of funds.

11-130. Bonds; suretyship; joint control of funds. It shall be lawful for any person of whom a bond, undertaking or other obligation is required, to agree with his surety or sureties for the deposit of any or all money and assets for which he and his surety or sureties are or may be held responsible, with a bank, savings bank, safe-deposit or trust company, authorized by law to do business as such, or with other depository approved by the court or a judge thereof, if such deposit is otherwise proper, for the safekeeping thereof, in such manner as to prevent the withdrawal of such money or assets or any part thereof, without the written consent of such sureties, or upon an order of court, or a judge thereof, made on such notice to such surety or sureties as such court or judge may direct. Such agreement shall not in any manner release from or change the liability of the principal or sureties as established by the terms of the bond. Laws 1943, c. 23, § 1, p. 115; R.S.1943, § 11-130.

Neb. Rev. Stat. § 11-201 Bonds or insurance; state officers and employees; Risk Manager; Secretary of State; Attorney General; powers and duties.

11-201. Bonds or insurance; state officers and employees; Risk Manager; Secretary of State; Attorney General; powers and duties. It shall be the duty of the Risk Manager: (1) To prescribe the amount, terms, and conditions of any bond or equivalent commercial insurance when the amount or terms are not fixed by any specific statute. The Risk Manager, in prescribing the amount, deductibles, conditions, and terms, shall consider the type of risks, the relationship of the premium to risks involved, the past and projected trends for premiums, the ability of the Tort Claims Fund, the State Self-Insured Property Fund, and state agencies to pay the deductibles, and any other factors the manager may, in his or her discretion, deem necessary in order to accomplish the provisions of sections 2-1201, 3-103, 8-104, 8-105, 9-807, 11-119, 11-121, 11-201, 11-202, 37-110, 48-158, 48-609, 48-618, 48-804.03, 53-109, 54-191, 55-123, 55-126, 55-127, 55-150, 57-917, 60-1303, 60-1502, 71-222.01, 72-1241, 77-366, 80-401.02, 81-111, 81-151, 81-5,167, 81-8,128, 81-8,141, 81-1108.14, 81-2002, 83-128, 84-106, 84-206, and 84-801; (2) To pass upon the sufficiency of and approve the surety on the bonds or equivalent commercial insurance of all officers and employees of the state, when approval is not otherwise prescribed by any specific statute; (3) To arrange for the writing of corporate surety bonds or equivalent commercial insurance for all the officers and employees of the state who are required by statute to furnish bonds; (4) To arrange for the writing of the blanket corporate surety bond or equivalent commercial insurance required by this section; and (5) To order the payment of corporate surety bond or equivalent commercial insurance premiums out of the State Insurance Fund created by section 81-8,239.02. All state employees not specifically required to give bond by section 11-119 shall be bonded under a blanket corporate surety bond or insured under equivalent commercial insurance for faithful performance and honesty in an amount determined by the Risk Manager. The Risk Manager may separately bond any officer, employee, or group thereof under a separate corporate surety bond or equivalent commercial insurance policy for performance and honesty pursuant to the standards set forth in subdivision (1) of this section if the corporate surety or commercial insurer will not bond or insure or excludes from coverage any officer, employee, or group thereof under the blanket bond or commercial insurance required by this section, or if the Risk Manager finds that the reasonable availability or cost of the blanket bond or commercial insurance required under this section is adversely affected by any of the following factors: The loss experience, types of risks to be bonded or insured, relationship of premium to risks involved, past and projected trends for premiums, or any other factors. Surety bonds of collection agencies, as required by section 45-608, and detective agencies, as required by section 71-3207, shall be approved by the Secretary of State. The Attorney General shall approve all bond forms distributed by the Secretary of State. Laws 1945, c. 13, § 1, p. 112; Laws 1955, c. 17, § 1, p. 88; Laws 1967, c. 36, § 3, p. 162; Laws 1969, c. 54, § 1, p. 354; Laws 1978, LB 653, § 8; Laws 1981, LB 273, § 1; Laws 1994, LB 1210, § 1; Laws 1996, LB 1044, § 45; Laws 1998, LB 922, § 392; Laws 2000, LB 901, § 1; Laws 2003, LB 242, § 1; Laws 2004, LB 884, § 10; Laws 2007, LB334, § 2; Laws 2010, LB722, § 1; Laws 2019, LB301, § 82.

Neb. Rev. Stat. § 11-201.01 Bonds or insurance; officers and employees; benefits; inure to state; exception.

11-201.01. Bonds or insurance; officers and employees; benefits; inure to state; exception. No bond or equivalent commercial insurance determined by the Risk Manager to be furnished by officers and employees pursuant to subdivision (1) of section 11-201 shall be considered an official bond or insurance policy of such officers or employees, and no bond or policy so required by the Risk Manager shall inure to the benefit of other than the State of Nebraska, unless otherwise provided by the provisions of such bond or policy. Laws 1967, c. 36, § 5, p. 162; Laws 1981, LB 273, § 2; Laws 2004, LB 884, § 11.

Neb. Rev. Stat. § 11-202 Bonds or insurance; officers and employees; premiums; payment.

11-202. Bonds or insurance; officers and employees; premiums; payment. The premiums written pursuant to section 11-201, shall be paid by the State of Nebraska out of such funds as may be appropriated therefor by the Legislature, upon the order of the Risk Manager. No officer, department, board, commission, or other agency of the state shall pay, or cause to be paid, the cost of or the premium of any officer or employee of the state out of public funds unless an order for such payment has been obtained from the Risk Manager. Laws 1945, c. 13, § 2, p. 113; Laws 1955, c. 17, § 2, p. 89; Laws 1967, c. 36, § 4, p. 162; Laws 1981, LB 273, § 3; Laws 2004, LB 884, § 12.

Neb. Rev. Stat. § 11-203 Bonds; state officers and employees; Risk Manager; file list with Clerk of the Legislature.

11-203. Bonds; state officers and employees; Risk Manager; file list with Clerk of the Legislature. The Risk Manager shall, during each regular session of the Legislature, file electronically with the Clerk of the Legislature a complete list of the officers and employees who are bonded and the amount of each bond. Laws 1945, c. 13, § 3, p. 113; Laws 1955, c. 17, § 3, p. 89; Laws 1981, LB 273, § 4; Laws 2012, LB782, § 15.

Source: Nebraska Legislature (nebraskalegislature.gov)URL: https://nebraskalegislature.gov/laws/browse-chapters.php?chapter=11Fetched: 10/20/2026