77-2301. State funds; deposit of funds; conditions.

(1) The State Treasurer shall deposit, and at all times keep on deposit for safekeeping, in the state or national banks, or some of them doing business in this state and of approved standing and responsibility, the amount of money in his or her hands belonging to the several current funds in the state treasury. Any bank may apply for the privilege of keeping on deposit such funds or some part thereof.

(2)(a) Every bank shall, as a condition of keeping on deposit state funds, agree to cash free of charge state warrants which are presented by payees of the state without regard to whether or not such payee has an account with such bank, and such bank shall not require such payee to place his or her fingerprint or thumbprint on the state warrant as a condition to cashing such warrant.

(b) The condition of keeping on deposit state funds in subdivision (2)(a) of this section shall not preclude any bank from refusing to cash a state warrant presented to the bank if (i) a stop-payment order has been placed on the state warrant, (ii) the state warrant has been reported as unregistered, voided, lost, stolen, destroyed, or that a duplicate state warrant has been issued in its place, (iii) the state warrant is incomplete or is forged or altered in any manner, (iv) the state warrant lacks any necessary indorsement or an indorsement is illegible, unauthorized, or forged, (v) the state warrant is stale-dated, or (vi) the bank has a reasonable belief that the individual presenting the state warrant is not the payee named on the state warrant.

(3) All deposits shall be subject to payment when demanded by the State Treasurer on his or her check and shall be subject also to such regulations as are imposed by law and rules adopted by the State Treasurer in receiving and holding such deposits.

Source

Annotations

Statute prohibiting officers of bank from receiving on deposit public money without furnishing security applies to national banks. Dovey v. State, 116 Neb. 533, 218 N.W. 390 (1928).

Purchase of renewal of certificates of deposit from former State Treasurer was not a deposit of money by treasurer within meaning of above section, and sureties on bond were not liable. State ex rel. Spillman v. First National Bank of Carroll, 115 Neb. 754, 214 N.W. 626 (1927).

Bank is not liable for interest where treasurer purchased demand certificates of it. Hamilton County v. Aurora Nat. Bank, 88 Neb. 280, 129 N.W. 267 (1911).

This section does not repeal section of criminal code relating to embezzlement of public money. Whitney v. State, 53 Neb. 287, 73 N.W. 696 (1898); Korth v. State, 46 Neb. 631, 65 N.W. 792 (1896).

Section is inoperative insofar as it requires deposit of permanent educational funds of state. State ex rel. First Nat. Bank of Crete v. Bartley, 39 Neb. 353, 58 N.W. 172 (1894).

Section is constitutional. Hopkins v. Scott, 38 Neb. 661, 57 N.W. 391 (1894).