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LEGISLATIVE BILL 836
Approved by the Governor March 3, 2026
Introduced by Jacobson, 42.
A BILL FOR AN ACT relating to banking and finance; to amend sections 8-108,
8-603, 8-605, 8-606, and 8-607, Reissue Revised Statutes of Nebraska, and
sections 8-601 and 8-604, Revised Statutes Supplement, 2025; to change
provisions relating to charges for the examination of financial
institutions, the levying of assessments, fees, and costs on certain
financial entities, and transfers from the Financial Institution
Assessment Cash Fund; to harmonize provisions; and to repeal the original
sections.
Be it enacted by the people of the State of Nebraska,
Section 1. Section 8-108, Reissue Revised Statutes of Nebraska, is amended
to read:
8-108 (1)(a) The director, the director's deputy, or any duly appointed
examiner has the authority to make a thorough examination into all the books,
papers, and affairs of any bank or other financial institution chartered by the
department or a holding company or bank subsidiary of such bank or financial
institution, if any, and in so doing to administer oaths and affirmations, to
examine on oath or affirmation the officers, agents, and clerks of such bank,
financial institution, holding company, or bank subsidiary touching the matter
which they may be authorized and directed to inquire into and examine, and to
subpoena the attendance of any person or persons in this state to testify under
oath or affirmation in relation to the affairs of such bank, financial
institution, holding company, or bank subsidiary. The director, deputy, or
examiner has the authority to examine and monitor by electronic means the
books, papers, and affairs of any such bank, financial institution, holding
company, or bank subsidiary. The director may provide any examination or report
to the Federal Deposit Insurance Corporation, the Federal Reserve Board, the
Comptroller of the Currency, the Consumer Financial Protection Bureau, or a
foreign state agency.
(b) The director may accept any examination or report from a foreign state
agency and may accept any examination or report from the Federal Deposit
Insurance Corporation, the Federal Reserve Board, the Comptroller of the
Currency, or the Consumer Financial Protection Bureau in lieu of an examination
or report required under the Nebraska Banking Act. Any such examination or
report accepted by the director remains the property and confidential record of
the foreign state agency or federal agency which provided the examination or
report to the director. A request or subpoena for any such examination or
report shall be directed to the foreign state agency or federal agency which
provided the examination or report to the director.
(2) The department has the authority to examine the books, papers, and
affairs of any electronic data processing center which has contracted with a
bank or financial institution to conduct the bank's or financial institution's
electronic data processing business. The department may charge the electronic
data processing center for the time spent by the department examiners in such
examination at a the rate set by the director forth in section 8-606 for
examiners' time spent in examinations of banks or financial institutions.
Sec. 2. Section 8-601, Revised Statutes Supplement, 2025, is amended to
read:
8-601 The Director of Banking and Finance may employ deputies, examiners,
attorneys, and other assistants as may be necessary for the administration of
the provisions and purposes of the Credit Union Act, Delayed Deposit Services
Licensing Act, Interstate Branching and Merger Act, Interstate Trust Company
Office Act, Nebraska Bank Holding Company Act of 1995, Nebraska Banking Act,
Nebraska Financial Innovation Act, Nebraska Installment Loan and Sales Act,
Nebraska Money Transmitters Act, Nebraska Trust Company Act, and Residential
Mortgage Licensing Act; Chapter 8, articles 3, 5, 6, 7, 8, 13, 14, 15, 16, 19,
20, 24, and 25; and Chapter 45, articles 1 and 2. The director may levy upon
any entities chartered, licensed, or registered under such laws financial
institutions, namely, the banks, trust companies, building and loan
associations, savings and loan associations, savings banks, digital asset
depositories, and credit unions, organized under the laws of this state, and
holding companies, if any, of such financial institutions, an assessment each
year based upon factors such as the asset size , origination volume, servicing
volume, or transmission volume of the entity financial institution, except that
in determining the asset size of a holding company or digital asset depository,
the assets of any financial institution or holding company otherwise assessed
pursuant to this section and the assets of any nationally chartered financial
institution shall be excluded. The assessment for digital asset depositories
under the Nebraska Financial Innovation Act shall be in an amount to offset the
costs of supervision and administration of the Nebraska Financial Innovation
Act. The assessment shall be a sum determined by the director in accordance
with section 8-606 and approved by the Governor.
Sec. 3. Section 8-603, Reissue Revised Statutes of Nebraska, is amended to
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read:
8-603 The assessments referred to in sections 8-601 and 8-605, the costs
charged pursuant to section and 8-606, examination fees, investigation fees,
filing fees, registration fees, licensing fees, and all other fees and money,
except fines, collected by or paid to the Director of Banking and Finance under
any of the laws specified in section 8-601, shall be remitted to the State
Treasurer for credit to the Financial Institution Assessment Cash Fund. Fines
collected by the director under such laws shall be remitted to the State
Treasurer for distribution in accordance with Article VII, section 5, of the
Constitution of Nebraska.
Sec. 4. Section 8-604, Revised Statutes Supplement, 2025, is amended to
read:
8-604 (1) The Financial Institution Assessment Cash Fund is hereby
created. The fund shall be used solely for the purposes of administering and
enforcing the laws specified in section 8-601 , except that transfers may be
made from the fund to the General Fund at the direction of the Legislature.
(2) Any money in the Financial Institution Assessment Cash Fund available
for investment shall be invested by the state investment officer pursuant to
the Nebraska Capital Expansion Act and the Nebraska State Funds Investment Act.
Beginning October 1, 2024, any investment earnings from investment of money in
the fund shall be credited to the General Fund.
Sec. 5. Section 8-605, Reissue Revised Statutes of Nebraska, is amended to
read:
8-605 (1) As soon as reasonably possible after June 30 of each year, the
Director of Banking and Finance shall estimate the total sum required for the
purposes set forth in section 8-604 for the succeeding fiscal year. The
director shall also estimate the total sum expected to be collected pursuant to
section 8-603. The director shall use the difference between the estimate of
the total sum required and the estimate of the total sum to be collected as the
basis for the assessment to be levied.
(2) The assessment upon each financial institution shall be based upon the
total assets of each financial institution, as reported in each financial
institution's report of condition prepared for the period ending June 30 of
each year, and , after June 30, 2009, may further be based upon the total
amount of fiduciary and related assets and the total amount of off-balance-
sheet receivables as reported in each financial institution's report of
condition prepared for the period ending June 30 of each year.
(3) The assessment upon each licensed or registered entity, including
holders of licenses for delayed deposit service, installment loans, installment
sales, money transmission, and residential mortgage loans, shall be based upon
the total volume of transactions, makers, loan origination, loan servicing,
money transmission, or other appropriate measures of licensable activity,
depending upon the licenses or registrations held by the entity.
(4) (3) The director shall have the authority to prorate the assessment
for any financial institution or entity which surrenders its charter or license
or receives its charter or license during the assessment period. Proration
shall be based on the number of months the financial institution held its
charter or license. Any portion of a month shall be counted as one month.
(5) (4) If the estimated sum levied and collected is insufficient to
defray the expenditures for the fiscal year for which it was made, a special
assessment may be levied and collected in like manner for the balance of the
fiscal year.
Sec. 6. Section 8-606, Reissue Revised Statutes of Nebraska, is amended to
read:
8-606 (1) As soon as reasonably possible following the examination of a
financial institution or entity pursuant to the laws specified in section
8-601, the Department of Banking and Finance shall bill the financial
institution or entity the costs of the examination. Such costs may include an
hourly fee for examiner time, which shall be determined once each year by the
Director of Banking and Finance, with the approval of the Governor, and which
shall take into consideration whether the financial institution or entity is
subject to the assessment.
(1) (2) In case an extra examination or an investigation of any financial
institution or entity becomes necessary and is made pursuant to the laws
specified in section 8-601, the costs thereof shall be paid by the financial
institution or entity examined or investigated.
(2) (3) In the case of a financial institution or entity organized under
the law of a state other than this state or a financial institution or entity
organized under the law of this state but which maintains an office in another
state or states, travel expenses involved in conducting an examination or
investigation may also be billed to the financial institution or entity, if the
examination or investigation involves travel outside this state.
Sec. 7. Section 8-607, Reissue Revised Statutes of Nebraska, is amended to
read:
8-607 (1) If a financial institution or entity fails to pay an annual
assessment, special assessment, examination fee, examination cost,
investigation fee, investigation cost, hearing cost, or travel expense by a
date specified by the Department of Banking and Finance, which shall be not
less than thirty days from the date of billing, the department may, following
notice and opportunity for hearing pursuant to the Administrative Procedure
Act, impose a fine in accordance with section 8-1,134 for each day the
financial institution or entity is in arrears.
(2) If the financial institution or entity is in arrears for sixty days or
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more, the department may, in addition to any fine imposed under this section,
following notice and opportunity for hearing pursuant to the Administrative
Procedure Act, suspend or revoke the charter , or license, or registration of
any financial institution or entity or the license or authority of any person
responsible for such failure.
(3) The Director of Banking and Finance may, in his or her discretion and
for good cause shown, permit the payment of any annual assessment, special
assessment, examination fee, examination cost, investigation fee, investigation
cost, hearing cost, travel expense, or fine, in installments.
Sec. 8. Original sections 8-108, 8-603, 8-605, 8-606, and 8-607, Reissue
Revised Statutes of Nebraska, and sections 8-601 and 8-604, Revised Statutes
Supplement, 2025, are repealed.
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