Nebraska Revised Statutes
Chapter 12 - Cemeteries
12-402 - Cemetery fund; disbursement; tax levy; limit; collection; perpetual fund; use authorized.

12-402. Cemetery fund; disbursement; tax levy; limit; collection; perpetual fund; use authorized.
(1) The mayor and council or the board of trustees, for the purpose of defraying the cost of the care, management, improvement, beautifying, and welfare of such cemeteries and the inhabitants thereof, may each year levy a tax not exceeding five and two-tenths cents on each one hundred dollars upon the taxable value of all the taxable property in such city or village subject to taxation for general purposes. The tax shall be collected and paid to the city or village as taxes for general purposes are collected and paid to the city or village. All taxes collected for this purpose shall constitute and be known as the cemetery fund and shall be used for the general care, management, improvement, beautifying, and welfare of such cemetery and the inhabitants thereof. Warrants upon this fund shall be drawn by the cemetery board and shall be paid by the city or village treasurer. The city council or the board of trustees may issue a warrant from the cemetery fund if a payment is due and the cemetery board is not scheduled to meet prior to such due date to authorize the warrant.
(2) The mayor and council or the board of trustees may set aside the proceeds of the sale of lots as a perpetual fund to be invested as provided by ordinance. The income from the fund may be used for the general care, management, maintenance, improvement, beautifying, and welfare of the cemetery. The principal of the perpetual fund may be used for the general care, management, maintenance, improvement, beautifying, and welfare of the cemetery as long as no more than twenty percent of the principal is so used in any fiscal year and no more than forty percent of the principal is so used in any period of ten consecutive fiscal years. The principal of the perpetual fund may also be used for the purchase and development of additional land to be used for cemetery purposes as long as no more than twenty-five percent of the principal is so used in any fiscal year and no more than thirty-five percent of the principal is so used in any period of ten consecutive fiscal years.
(3) The mayor and council or the board of trustees may receive money by donation, bequest, or otherwise for credit to the perpetual fund to be invested as provided by ordinance or as conditioned by the donor. The income therefrom may be used for the general care, management, maintenance, improvement, beautifying, and welfare of the cemetery as the donor may designate. The principal therefrom may be used for the general care, management, maintenance, improvement, beautifying, and welfare of the cemetery as the donor may designate as long as no more than twenty percent of the principal is so used in any fiscal year and no more than forty percent of the principal is so used in any period of ten consecutive fiscal years. The principal therefrom may also be used for the purchase and development of additional land to be used for cemetery purposes as the donor may designate as long as no more than twenty-five percent of the principal is so used in any fiscal year and no more than thirty-five percent of the principal is so used in any period of ten consecutive fiscal years.
(4) This section does not limit the use of any money that comes to the city or village by donation, bequest, or otherwise that is not designated to be credited to the perpetual fund or that allows greater use for purchase or development of additional land to be used for cemetery purposes.
Source

Structure Nebraska Revised Statutes

Nebraska Revised Statutes

Chapter 12 - Cemeteries

12-101 - Wyuka Cemetery; declared a public charitable corporation; powers; trustees; appointment; terms; vacancies; reports; retirement plan reports; duties.

12-101.01 - Trustee; potential conflict of interest; actions required.

12-102 - Portion under joint control of trustees and Department of Health and Human Services.

12-103 - Rules and regulations; revenue; investment; treasurer; bond.

12-104 - Soldiers burial grounds; selection; acquisition; use.

12-105 - Soldiers burial grounds; joint control.

12-201 - Condemnation; conditions; procedure.

12-301 - Endowments authorized.

12-302 - Endowments; exemption from taxation and certain claims.

12-401 - Cemetery board; members; appointment; terms; vacancies.

12-402 - Cemetery fund; disbursement; tax levy; limit; collection; perpetual fund; use authorized.

12-403 - Cemetery board; officers; employees.

12-501 - Formation; trustees; election; notice; clerk; right to establish cemetery limited.

12-502 - Formation; record of proceedings; certification; effect; certified transcript as evidence; duty of county clerk; fees.

12-503 - Trustees; perpetual succession; general powers; service of process.

12-504 - General powers.

12-505 - Lots; resale or reclamation; conditions; notice; requirements.

12-506 - Real estate; power to acquire; exemption from taxation and legal process; revenue; disbursement.

12-507 - Debts; power to contract; limitations.

12-508 - Lots; receptacles; sale; power to regulate.

12-509 - Perpetual care fund; power to establish; sources; investment; protection; disbursement of income; requirements.

12-510 - Perpetual special care trusts; power to act as trustee; investment of funds; disbursement of income.

12-511 - Perpetual care funds; perpetual special care trusts; use; exemption from taxation and certain claims; declaration of policy.

12-512 - Perpetual care funds; perpetual special care trusts; acquisition of property under; validity.

12-512.01 - Perpetual care trust fund; trustees; duties.

12-512.02 - Perpetual care trust fund; proceeds; investment.

12-512.03 - Perpetual care trust fund; trustees; qualifications; appointment; bond.

12-512.04 - Perpetual care trust fund; audit; exception; filing; expense.

12-512.05 - Perpetual care and maintenance guarantee fund; establish; amount required.

12-512.06 - Perpetual care trust fund; withdrawal; when authorized; amount.

12-512.07 - Perpetual care trust fund; violations; penalty.

12-512.08 - Perpetual care trust fund; violations; separate offenses; what constitutes.

12-515 - Real estate; acquisition by condemnation; lands subject.

12-516 - Trustees; bond; terms; approval; filing; fee; cost paid by association.

12-517 - Lots; use; exemption from taxation and other claims.

12-518 - Lots; plat; care, improvement, adornment; annual exhibit; powers and duties of association.

12-520 - Grounds; sale on execution; taxation; partition; exemption.

12-521 - Grounds; abandonment; sale; disposition; procedure; petition; contents; requirements.

12-522 - Grounds; abandonment; sale; notice of petition; contents; form.

12-523 - Grounds; abandonment; sale; objections; reply.

12-524 - Grounds; abandonment; sale; time for hearing.

12-525 - Grounds; abandonment; sale; hearing; finding; decree.

12-526 - Grounds; abandonment; sale; confirmation of sale.

12-527 - Grounds; abandonment; sale; costs and expenses.

12-528 - Grounds; abandonment; sale; appeal.

12-529 - Grounds; abandonment; sale; scope and application of law.

12-530 - Transfer of cemetery to city or village; powers and duties; effect.

12-531 - Abandoned or neglected pioneer cemetery; management and operation; cemetery association; duties; map; perpetual care trust fund; duties.

12-532 - Mowing.

12-601 - Formation; trustees; election; notice; terms; officers.

12-602 - Formation; certificate; contents; filing; effect; certified copy as evidence; amendments to bylaws; certification; filing.

12-603 - Powers; rights; laws governing.

12-604 - Bonds and other evidences of indebtedness; acquisition of property; contracts with members; powers; limitations.

12-605 - Lots, receptacles; sale; limitation; exempt from taxation and other claims.

12-606 - Construction; location.

12-613 - Trust fund for perpetual care.

12-614 - Sale of crypts or niches; amount set aside for maintenance.

12-615 - Trustees of perpetual care trust fund; appointment; bond.

12-616 - Trustees of perpetual care trust fund; authority to receive gifts; investment of funds.

12-617 - Violations; penalty.

12-618 - Violations; cumulative offenses.

12-701 - Abandonment; failure to maintain; presumption; reversion; notice; service.

12-702 - Abandonment; presumption; rebuttal by notice; sale authorized; proceeds; disposition.

12-801 - Trustees; change or improve conditions of lot; repair and remove property; powers; procedure.

12-802 - Notice; contents; how served.

12-803 - Terms, defined.

12-804 - Sections, how construed.

12-805 - Abandoned or neglected cemeteries; care and maintenance.

12-806 - Abandoned or neglected cemeteries; care; item in county budget.

12-807 - Abandoned or neglected pioneer cemeteries; preservation.

12-808 - Abandoned or neglected pioneer cemetery, defined.

12-808.01 - Abandoned and neglected pioneer cemeteries; access; when.

12-809 - Abandoned and neglected pioneer cemeteries; maintenance.

12-810 - Abandoned or neglected pioneer cemeteries; mowing; historical and directional markers.

12-812 - Abandoned or neglected pioneer cemetery; county transfer management; conditions.

12-909 - Organization; territory.

12-910 - Petition; filing; contents.

12-911 - County board; examine petition; hearing; notice.

12-912 - Completion of organization; meeting; notice.

12-913 - Board of trustees; officers; election; terms; compensation.

12-914 - Budget; adoption; certification of tax; levy; collection; use.

12-915 - Bylaws; adoption.

12-916 - Warrants; amount authorized; rate of interest.

12-917 - Area; addition; withdrawal; procedure.

12-918 - Area withdrawn; outstanding obligations; assessment.

12-919 - Area withdrawn; obligations incurred after withdrawal; not subject to assessment.

12-920 - Powers; duties; liabilities.

12-921 - Organization under unconstitutional law; reorganization; procedure.

12-922 - Dissolution; procedure.

12-923 - Property; acquisition; tax; excess funds.

12-1001 - Power to borrow money; issuance of bonds.

12-1002 - Bonds; term; interest rate; notice of election.

12-1003 - Bond election; petition; percentage of voters required.

12-1004 - Extension of water supply to cemetery.

12-1101 - Act, how cited.

12-1102 - Terms, defined.

12-1103 - Pre-need sale; proceeds; trust requirements.

12-1104 - Proceeds of sale; trust requirements; exclusions.

12-1105 - Pre-need seller; records required.

12-1106 - Pre-need purchaser; designate irrevocable funds.

12-1107 - Trustees; acceptance of funds; conditions; powers.

12-1108 - Pre-need seller; license required; application; requirements; fee; renewal; records.

12-1109 - Rules and regulations.

12-1110 - Pre-need seller; report; requirements; fee.

12-1111 - Contracts; requirements; provisions.

12-1112 - Act; when applicable.

12-1113 - Trust funds; distributions; conditions; accumulation.

12-1114 - Pre-need seller; trust funds; retain cost-of-living amount.

12-1115 - Pre-need sales agent; license required; fee; failure to surrender license; penalty.

12-1116 - Licenses; disciplinary actions; grounds; notice; administrative fine.

12-1117 - Licenses; surrender; effect; reinstatement.

12-1118 - Violations; penalty.

12-1119 - Violations; action to enjoin.

12-1120 - Pre-need seller; failure to perform obligations; director; powers.

12-1121 - Trust; validity.

12-1201 - Act, how cited.

12-1202 - Legislative findings and declarations.

12-1203 - Purposes of act.

12-1204 - Terms, defined.

12-1205 - Person discovering remains or goods; duties; violation; penalty.

12-1206 - Discovery of remains or goods; law enforcement officer; notice.

12-1207 - Discovery of remains or goods; county attorney; duties.

12-1208 - Discovery of remains or goods; society; duties.

12-1209 - Entity possessing or controlling remains or goods on August 25, 1989; duties.

12-1210 - Entity possessing or controlling remains or goods; request for return; duties.

12-1211 - Dispute; resolution; procedure.

12-1212 - Civil action; statute of limitation; recovery; attorney's fees.

12-1301 - Director of Veterans' Affairs; state veteran cemetery system; powers and duties; Veteran Cemetery Construction Fund; Nebraska Veteran Cemetery System Endowment Fund; Nebraska Veteran Cemetery System Operation Fund; created; use; investment.

12-1401 - Statewide Cemetery Registry; established and maintained.