LB 836 — Change and eliminate provisions relating to charges for examination of financial institutions, levying assessments, fees, and costs on financial entities, and transfers from a fund

ER114 ER114 LB836 LB836 JNH2026 -LEGISLATIVE 02/04/2026BILL JNH836 -Approved 02/04/2026by Ethe ANDGovernor RMarch AMENDMENTS3, TO2026 LB 836   Introduced by Guereca,Jacobson, 7,42. Chairman Enrollment and Review 1.

On  pageA 1,BILL strikeFOR linesAN 3ACT throughrelating 7to andbanking insert "Nebraska, and sectionsfinance; 8-601 and 8-604, Revised Statutes Supplement, 2025;

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;

and to repeal the original sections.".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.

OnSection page8-601, 7, strike beginning with "section" in line 4 through line 5 and insert "sections 8-601 and 8-604, Revised Statutes Supplement, 2025, areis repealed.".amended to read:

-1-8-601 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 -1- LB836 LB836 2026 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.