§ 81-1801.02 — Community Trust; authorized; powers and duties; board of directors; create separate funds; distribution committee

Nebraska § 81-1801.02

• Jurisdiction: Nebraska
• Ch. 81: State Administrative Departments

Text

(1) A nonprofit organization, to be known as the Community
Trust, may be created. After a tragedy, the Community Trust shall accept contributions
from the public, manage such funds, and make distributions to help individuals,
families, and communities in Nebraska that have suffered from a
tragedy of violence or natural disaster. The committee shall oversee the Community
Trust. The committee shall require at least annual reports from the Community
Trust.
(2) The Community Trust shall be a qualified organization
under section 501(c)(3) of the Internal Revenue Code thereby enabling contributions
to the Community Trust to be tax deductible for the donor if the donor itemizes
deductions for income tax purposes and distributions to be tax-free to the
extent allowed under applicable sections of the Internal Revenue Code.
(3) The Community
Trust shall be governed by a board of directors. A director may be represented
by the Attorney General in the same manner as a state officer or employee
under sections 81-8,239.05 and 81-8,239.06 in any civil action that arises
as a result of any alleged act or omission occurring in the course and scope
of the director's duties. A director shall also be indemnified for liability
in the same manner as a state officer or employee under section 81-8,239.05 .
(4) The Community Trust shall
create a separate fund for each tragedy and shall begin accepting contributions
immediately after a tragedy. The Community Trust shall report the distributions
made for each tragedy to the committee, and the Community Trust shall acknowledge
all contributions as soon as reasonably possible after receipt.
(5) The Community
Trust may use up to ten percent of the contributions received for administrative
costs of the Community Trust.
(6) The board of directors of the Community Trust shall establish procedures for receiving contributions and
making distributions from the Community Trust. The board of directors shall
establish a distribution committee for the tragedy within one week after the
tragedy, establish eligible recipient criteria and eligible uses of the fund, and complete all distributions as soon as reasonably possible after
the tragedy.
(7) In the
event that the Community Trust receives contributions for a tragedy and the
volume and size of claims, along with the amount of contributions, make it
impractical for the Community Trust to follow its normal procedures for the
distribution of the funds, the board of directors, at its sole discretion,
may elect to forward such funds, in their entirety, to another nonprofit organization
that is also serving individuals who are affected by the tragedy. In such
case, the Community Trust shall designate such contributions to be for the
specific individuals who are affected by the tragedy.

Legislative History

Source: Laws 2009, LB598, § 1; Laws 2011, LB390, § 22.