Title 35 — Public Finances

A. If monies are not available to pay warrants, checks or substitute checks, or electronic funds transfer vouchers of the department of administration presented to the state treasurer pursuant to section 35-185, the treasurer, in lieu of payment, shall issue and shall exchange or…

A. The treasurer's warrant note redemption fund is established. Any time treasurer's warrant notes are issued and remain outstanding, all monies that would otherwise be paid into the state general fund, except for amounts sufficient to pay the salaries of constitutional officers …

A. If it appears to the satisfaction of the department of administration, by affidavit or otherwise, that any warrant or check has been lost or destroyed before payment and there is no reasonable probability of its being found or presented or that a warrant or check has not been …

A warrant, check or substitute check on the state treasury shall not be paid unless presented to the state treasurer for payment before the void date printed on the face of the warrant, check or substitute check. Any warrant, check or substitute check that includes federal, trust…

In all actions brought on behalf of the state, no debt shall be allowed against the state as a set-off unless it has been exhibited to the director of the department of administration and by him allowed or disallowed. A debt may be allowed as a set-off when it is proved to the sa…

In all instances in which the law recognizes a claim for money against the state, but no appropriation has been made by law to pay such claim, the department of administration shall audit and adjust the claim, if presented to it, and give the claimant a certificate of the amount …

A. Except as provided in section 35-191, an officer or other agency of the state, after the close of any fiscal year, shall not incur or order or approve incurring any obligation or expenditure under any appropriation made by the legislature for that fiscal year. An expenditure s…

B. This section does not apply to funding deferrals for basic state aid and additional state aid entitlement that otherwise would be apportioned to school districts pursuant to section 15-973.

A. A claim against this state arising out of contractual relations that has not been paid because of failure to file within the time prescribed by law, or because of any other technical defect not affecting the validity or the contractual liability of this state, is subject to ad…

(L21, Ch. 405, sec. 9) A. The governor may declare an emergency arising from major disasters as provided in this section and incur liabilities therefor, regardless of whether or not the legislature is in session. B. When the governor, or the director of the division of emergency …

A. Political subdivisions may apply to the state director of emergency management for reimbursement of necessary expenses incurred in search or rescue operations, not including purchase of equipment or facilities, under section 35-192, subsection C subject to the following limita…

A. A budget unit shall record travel advances for state employees in the appropriate account as prescribed by procedures established by the department of administration. B. If travel advances made to an employee are not reimbursed in a timely manner, the department of administrat…

A. The supervisory official of a budget unit may apply to the department of administration to provide a revolving fund in an amount that will allow the budget unit to pay operating expense items under procedures prescribed by the department of administration. B. The application f…

A. There is established a permanent revolving fund to be known as the department of administration special services revolving fund. The services covered by this fund shall include office supplies, office services, printing and other administrative or management services. Payments…

Any state officer or employee who illegally withholds, expends or otherwise converts any state money to an unauthorized purpose shall be liable, either individually or on his bond, for the amount of such money, plus a penal sum of twenty per cent thereof, and an action may be ins…

A. Subject to the approval of the director of the department of administration, a budget unit may spend any monies for either of the following: 1. Transportation or other travel expenses necessary for bringing any person into this state who is not a resident of this state for an …

A. Notwithstanding any provisions of law to the contrary, no public funds nor tax monies of this state or any political subdivision of this state nor any federal funds passing through the state treasury or the treasury of any political subdivision of this state may be expended fo…

Notwithstanding any provision of law to the contrary, no monies may be paid from the state treasury to refund monies collected under a law imposing a tax if the law is declared invalid by a final judgment of a court of competent jurisdiction until the legislature has made a speci…

A. Notwithstanding any other law, tax monies of this state or any political subdivision of this state, federal monies passing through the state treasury or the treasury of any political subdivision of this state or any other public monies shall not be used by any person or entity…

A. Subject to any applicable requirements of federal law, regulations or guidelines, any appropriation, expenditure or grant of public monies for family planning services by this state or any political subdivision of this state shall be made in the following order of priority: 1.…

Any officer, agent or employee of the state who knowingly fails or refuses to comply with any of the provisions of this chapter is guilty of a class 1 misdemeanor.

When any person who is obligated to approve, audit, allow or pay claims or demands upon the state, approves, audits, allows or pays, or consents to, or connives at, approving, auditing, allowing or paying a claim or demand against the state not authorized by law, such person, and…

(L21, Ch. 404, sec. 50) A. The attorney general in the attorney general's discretion may bring an action in the name of this state to: 1. Enjoin the illegal payment of public monies, including violations of section 11-952 and title 41, chapter 23. 2. Recover illegally paid public…

A. An action to recover illegally paid public monies pursuant to section 35-212, subsection B, paragraph 1 or 3 may be brought only by the attorney general. B. A taxpayer of this state may request, in writing, the attorney general to institute an action pursuant to section 35-212…

A. Except as provided in subsection C, in all contracts and subcontracts for the furnishing of goods, equipment, labor, materials or services to the state, or any of its agencies, boards, commissions or departments, there shall be a provision that all books, accounts, reports, fi…

A person who, with intent to defraud, or deceive, improperly influences, obstructs or impairs an audit being conducted or about to be conducted in relation to any contract or subcontract with the state is guilty of a class 5 felony.

A public officer or other person, including justices of the peace and constables, who is charged with receiving, safekeeping, transferring or disbursing public monies is guilty of a class 4 felony who: 1. Without authority of law, appropriates the monies or any portion thereof to…

The phrase "public money" as used in this article includes bonds and evidence of indebtedness, and money belonging to, received or held by, state, county, district, city or town officers in their official capacity.

In this article, unless the context otherwise requires: 1. "Eligible depository" means any commercial or savings bank or savings and loan association with its principal place of business in the United States which is insured by the federal deposit insurance corporation or any suc…

A. The state board of investment is established consisting of the state treasurer, the director of the department of administration or the director of the department of administration's designee, the director of the department of insurance and financial institutions or the direct…

A. Any eligible depository that receives an investment or any deposit of treasury monies of more than the amount insured by an instrumentality of the United States shall collateralize those deposits with any of the following: 1. Securities listed in section 35-313, subsection A, …

A. The state treasurer shall invest and reinvest trust and treasury monies in any of the following items: 1. Obligations issued or guaranteed by the United States or any of its agencies, sponsored agencies, corporations, sponsored corporations or instrumentalities. 2. Repurchase …

A. The state treasurer may invest and reinvest monies in equity securities for any fund for which equity investment is authorized. B. The state treasurer shall exercise prudence, judgment and care under the prevailing circumstances when investing in equity securities and may redu…

In addition to the investment authority in section 35-313, the state treasurer may invest and reinvest monies of the state land funds established in sections 37-521 through 37-525 in equity securities pursuant to section 35-314, except that not more than sixty per cent of the mon…

In addition to the investment authority in section 35-313, the state treasurer may invest and reinvest monies of the budget stabilization fund established in section 35-144 in equity securities pursuant to section 35-314, except that not more than twenty-five per cent of the moni…

A. In addition to the investment authority in section 35-313, the state treasurer may invest and reinvest trust monies of this state, state agencies, political subdivisions and tribal nations in equity securities pursuant to section 35-314 for long-term endowment funds. B. Monies…

B. All pension prefunding plan monies shall be accounted for separately from all other funds. Monies may not be taken from one investment account for deposit in any other investment account. C. All monies in pension prefunding plan investment accounts shall be invested in safe in…

A. Any bank that is eligible to become an eligible depository having a total capital structure of $10,000,000 or more and assets of $100,000,000 or more and that is otherwise in a sound condition is eligible to be the servicing bank for the state. B. The state board of investment…

A. The state treasurer may establish and maintain investment pools for the collective investment of trust monies in this state. B. The state treasurer may deposit operating monies in the investment pools and receive into such pools any monies a state agency, county, city or town …

A. The state treasurer is responsible for the safekeeping of all securities acquired by him under this article and those for which he is the lawful custodian. Securities may be deposited for safekeeping with any bank eligible to be the state servicing bank pursuant to section 35-…

A. The state treasurer may enter into an agreement with investment managers to invest treasury monies or with advisors to recommend investment strategies or tactics for the investment of treasury monies, including legal advisors and software to assist with the analysis, tracking …

In this article, unless the context otherwise requires: 1. "Agency pool participant" means a subdivision or an entity of a subdivision that has monies maintained by the treasurer and that has the authority to draw negotiable instruments on the treasurer or make other disbursement…

1. Certificates of deposit in eligible depositories. 2. Deposits in one or more federally insured banks or savings and loan associations placed in accordance with the procedures prescribed in section 35-323.01. 3. Interest bearing savings accounts in banks and savings and loan in…

A. If an investing entity invests in deposits pursuant to this section, the investing entity shall invest those monies in accordance with all of the following conditions: 1. The monies are initially invested through an eligible depository in this state selected by the investing e…

The treasurer shall invest and reinvest monies of trust funds in: 1. Any securities allowed for the investment of public monies. 2. Fixed income securities of corporations organized and doing business in any state of the United States or the District of Columbia that carry one of…

A. Any bank that qualifies to become an eligible depository of the deposits of public monies, that has a total capital structure of ten million dollars or more, resources of one hundred million dollars or more and that is otherwise in a sound condition is eligible to be the servi…

A. The state treasurer may maintain one or more pooled investment funds for the collective investment of monies in this state. Securities or other instruments in which the monies may be invested are those that are provided for in article 2 of this chapter. B. The state treasurer …

A. The state treasurer may establish new long-term local government investment pools for trust and treasury monies, cities, towns, tribal governments, counties and political subdivisions of this state. The terms of the investment pools shall be as determined by the state board of…

A. In investing trust monies, the responsible financial officer shall draw a warrant, check or electronic funds transfer voucher at the direction of the treasurer, payable from the proper fund to pay for the security purchased. B. A treasurer is responsible for the safekeeping of…

A. All sinking funds of this state, or a county, city, town or school district, or hospital, irrigation or drainage district organized as provided by law may be invested and reinvested by the governing body or officer in charge of the sinking funds. The investment shall be made f…