United States — Nebraska
§ 12-1101. Act, how cited.
1 provisions
This provision says sections 12-1101 to 12-1121 are known as the Burial Pre-Need Sale Act.
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United States — Nebraska
§ 12-1102. Terms, defined.
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This provision defines key terms used in the Burial Pre-Need Sale Act.
Act or statute Open & ChatUnited States — Nebraska
§ 12-1103. Pre-need sale; proceeds; trust requirements.
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A pre-need seller must deposit sale proceeds with a trustee within 60 days after receiving them, unless another rule in the Burial Pre-Need Sale Act applies.
Act or statute Open & ChatUnited States — Nebraska
§ 12-1104. Proceeds of sale; trust requirements; exclusions.
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A pre-need seller may keep certain sale proceeds and related amounts outside the trust requirements, but must make written promises for unfinished crypt or niche sales if the beneficiary dies before construction is complete.
Act or statute Open & ChatUnited States — Nebraska
§ 12-1105. Pre-need seller; records required.
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A pre-need seller must keep a separate record for each covered pre-need sale and retain it for inspection by the director.
Act or statute Open & ChatUnited States — Nebraska
§ 12-1106. Pre-need purchaser; designate irrevocable funds.
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A pre-need purchaser may ask to make up to the first $4,000 of certain trust payments irrevocable, and the Department of Health and Human Services must update that amount yearly.
Act or statute Open & ChatUnited States — Nebraska
§ 12-1107. Trustees; acceptance of funds; conditions; powers.
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Some trustees may accept or invest trust funds only under stated insurance and fiduciary conditions.
Act or statute Open & ChatUnited States — Nebraska
§ 12-1108. Pre-need seller; license required; application; requirements; fee; renewal; records.
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Pre-need sellers need a director-issued license before making pre-need sales, and applicants must submit a written verified application with a $100 fee.
Act or statute Open & ChatUnited States — Nebraska
§ 12-1109. Rules and regulations.
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The director may make rules and regulations needed to carry out and enforce the Burial Pre-Need Sale Act.
Regulation Open & ChatUnited States — Nebraska
§ 12-1110. Pre-need seller; report; requirements; fee.
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Each pre-need seller must file an annual report with the director by June 1 and pay a $50 fee with each report.
Act or statute Open & ChatUnited States — Nebraska
§ 12-1111. Contracts; requirements; provisions.
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A pre-need seller must give the purchaser a duplicate contract original at the time of sale and file each contract form with the director.
Act or statute Open & ChatUnited States — Nebraska
§ 12-1112. Act; when applicable.
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This provision applies the Burial Pre-Need Sale Act only to pre-need sales and contracts made after January 1, 1987, and says it must not be read to impair lawful contracts already in existence on or before that date.
Act or statute Open & ChatUnited States — Nebraska
§ 12-1113. Trust funds; distributions; conditions; accumulation.
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The trustee may distribute some trust funds to the pre-need seller, but only under the statute’s stated conditions and notification rules.
Act or statute Open & ChatUnited States — Nebraska
§ 12-1114. Pre-need seller; trust funds; retain cost-of-living amount.
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Pre-need sellers must annually calculate the amount to keep in trust, and the trustee must retain that amount before any distribution. If the consumer price index is discontinued, the director must choose a comparable index and notify licensed pre-need sellers.
Act or statute Open & ChatUnited States — Nebraska
§ 12-1115. Pre-need sales agent; license required; fee; failure to surrender license; penalty.
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An agent may not make pre-need sales without a license from the director, and the seller must help with the application and supervision.
Act or statute Open & ChatUnited States — Nebraska
§ 12-1116. Licenses; disciplinary actions; grounds; notice; administrative fine.
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The director may deny, revoke, or suspend certain licenses and may impose an administrative fine, with notice and a hearing process.
Notice Open & ChatUnited States — Nebraska
§ 12-1117. Licenses; surrender; effect; reinstatement.
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A licensee may surrender a license to the director in writing, and the director may later reinstate or reissue a license in certain cases.
Act or statute Open & ChatUnited States — Nebraska
§ 12-1118. Violations; penalty.
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A person who violates the Burial Pre-Need Sale Act or makes a false or fraudulent required report commits a Class II misdemeanor, and the person's license must be revoked.
Act or statute Open & ChatUnited States — Nebraska
§ 12-1119. Violations; action to enjoin.
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The director may sue in Lancaster County district court to stop violations of the Burial Pre-Need Sale Act or its rules.
Act or statute Open & ChatUnited States — Nebraska
§ 12-1120. Pre-need seller; failure to perform obligations; director; powers.
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The director may collect certain bond, credit, or trust-fund proceeds if the pre-need seller fails to perform secured obligations.
Act or statute Open & Chat