12-1111. Contracts; requirements; provisions. (1) At the time that a pre-need sale is entered into, the pre-need seller shall furnish each pre-need purchaser with a duplicate original of any written contract which the pre-need purchaser is required to sign. (2) The pre-need seller shall file with the director a copy of each form of contract […]
12-1112. Act; when applicable. The terms and conditions of the Burial Pre-Need Sale Act shall govern only those pre-need sales made and contracts entered into by any pre-need seller or his, her, or its agents after January 1, 1987. The Burial Pre-Need Sale Act shall not be construed so as to impair or affect the […]
12-1113. Trust funds; distributions; conditions; accumulation. (1) After making the calculations required by section 12-1114, any amounts exceeding trust principal, except income earned in the current calendar year, may be distributed to the pre-need seller by the trustee at the pre-need seller’s request. (2) All remaining funds held in trust, including cost-of-living amounts retained as […]
12-1114. Pre-need seller; trust funds; retain cost-of-living amount. (1) To offset increases in the cost of living as the same may affect the trust accounts, the pre-need seller shall compute each year the total amount of the trust principal of each trust account determined as of December 31 of the immediately preceding year, and then […]
12-1115. Pre-need sales agent; license required; fee; failure to surrender license; penalty. (1) No agent shall make any pre-need sales on behalf of a pre-need seller in this state without first obtaining a license from the director. The director shall not issue such a license without requiring the proposed agent to fill out an application […]
12-1116. Licenses; disciplinary actions; grounds; notice; administrative fine. (1) The director may deny, revoke, or suspend any license of any pre-need seller or agent or may levy an administrative fine in accordance with subsection (3) of this section if the director finds that: (a) The licensee has failed to pay the license fee prescribed for […]
12-1117. Licenses; surrender; effect; reinstatement. (1) Any licensee may surrender any license issued by the director by delivering the license to the director with written notice of its surrender. Surrender shall not change the licensee’s civil or criminal liability for acts committed prior or subsequent to the surrender of such license. Voluntary surrender shall not […]
12-1118. Violations; penalty. Any person who violates any provision of the Burial Pre-Need Sale Act or who makes a report required under such act which is false or fraudulent shall be guilty of a Class II misdemeanor and his or her license shall be revoked. Source Laws 1986, LB 643, § 18.
12-1119. Violations; action to enjoin. Whenever the director has reasonable cause to believe that any person, whether licensed or not, is violating any provision of the Burial Pre-Need Sale Act or any rule or regulation adopted and promulgated pursuant to such act, he or she may, in addition to all other actions allowed, bring an […]
12-1120. Pre-need seller; failure to perform obligations; director; powers. The director may collect the proceeds of any letter of credit, surety bond, or trust funds held pursuant to subdivision (2)(a) of section 12-1113 upon the failure of the pre-need seller to perform the obligations secured thereby. Thereafter, in the director’s discretion, he or she may […]
12-1121. Trust; validity. No trust created or any interest in such trust shall be invalidated by any existing law or rule against perpetuities, accumulations, or suspension of the power of alienation, and such trust and any interest may continue for such time as may be necessary to accomplish the purposes for which it was created. […]
12-1201. Act, how cited. Sections 12-1201 to 12-1212 shall be known and may be cited as the Unmarked Human Burial Sites and Skeletal Remains Protection Act. Source Laws 1989, LB 340, § 1.
12-1202. Legislative findings and declarations. The Legislature hereby finds and declares that: (1) Human burial sites which do not presently resemble well-tended and well-marked cemeteries are subject to a higher degree of vandalism and inadvertent destruction than well-tended and well-marked cemeteries; (2) Although existing law prohibits removal, concealment, or abandonment of any dead human body […]
12-1203. Purposes of act. The purposes of the Unmarked Human Burial Sites and Skeletal Remains Protection Act shall be to: (1) Assure that all human burials are accorded equal treatment and respect for human dignity without reference to ethnic origins, cultural backgrounds, or religious affiliations by providing adequate protection for unmarked human burial sites and […]
12-1204. Terms, defined. For purposes of the Unmarked Human Burial Sites and Skeletal Remains Protection Act: (1) Burial goods shall mean any item or items reasonably believed to have been intentionally placed with the human skeletal remains of an individual at the time of burial and which can be traced with a reasonable degree of […]
12-1205. Person discovering remains or goods; duties; violation; penalty. (1) Any person who encounters or discovers human skeletal remains or burial goods associated with an unmarked human burial in or on the ground shall immediately cease any activity which may cause further disturbance of the unmarked human burial and shall within forty-eight hours report the […]
12-1206. Discovery of remains or goods; law enforcement officer; notice. A law enforcement officer who receives notification pursuant to section 12-1205 shall promptly notify the landowner on whose property the human skeletal remains or burial goods were discovered, the county attorney, and the society. Source Laws 1989, LB 340, § 6.
12-1207. Discovery of remains or goods; county attorney; duties. Upon notification pursuant to section 12-1206, the county attorney shall determine whether the human skeletal remains are associated with or suspected of association with any crime and, if a determination of prosecutable criminal activity is made, shall retain custody of the remains in accordance with routine […]
12-1208. Discovery of remains or goods; society; duties. (1) Upon notification pursuant to section 12-1206, the society shall promptly assist in examining the discovered material to attempt to determine its origin and identity. (2) If the society finds that the discovered human skeletal remains or burial goods are of non-American-Indian origin with a known or […]
12-1209. Entity possessing or controlling remains or goods on August 25, 1989; duties. Notwithstanding any other provision of Nebraska law, any institution, agency, organization, or other entity in this state which receives funding or official recognition from the state or any of its political subdivisions and which has in its possession or control on August […]
