11-201 Bonds or insurance; state officers and employees; Risk Manager; Secretary of State; Attorney General; powers and duties.
11-201. Bonds or insurance;state officers and employees; Risk Manager; Secretary of State; Attorney General;powers and duties.It shall be the duty of the RiskManager:(1) To prescribe the amount, terms, and conditions of anybond or equivalent commercial insurance when the amount or terms are not fixedby any specific statute. The Risk Manager, in prescribing the amount, deductibles,conditions, and terms, shall consider the type of risks, the relationshipof the premium to risks involved, the past and projected trends for premiums,the ability of the Tort Claims Fund, the State Self-Insured Property Fund,and state agencies to pay the deductibles, and any other factors the managermay, in his or her discretion, deem necessary in order to accomplish the provisionsof sections 2-1201, 3-103, 8-104, 8-105, 9-807, 11-119, 11-121, 11-201, 11-202, 37-110, 48-158, 48-609, 48-618, 48-721, 48-804.03, 53-109, 54-191, 55-123, 55-126, 55-127, 55-150, 57-917, 60-1303, 60-1502, 71-222.01, 72-1241, 77-366, 80-401.02, 81-111, 81-151, 81-8,128, 81-8,141, 81-1108.14, 81-2002, 83-128, 84-106, 84-206, and 84-801;(2) To pass upon the sufficiency of and approve the suretyon the bonds or equivalent commercial insurance of all officers and employeesof the state, when approval is not otherwise prescribed by any specific statute;(3) To arrange for the writing of corporate surety bonds orequivalent commercial insurance for all the officers and employees of thestate who are required by statute to furnish bonds;(4) To arrange for the writing of the blanket corporate suretybond or equivalent commercial insurance required by this section; and(5) To order the payment of corporate surety bond or equivalentcommercial insurance premiums out of the State Insurance Fund created by section 81-8,239.02.All state employees not specifically required to give bondby section 11-119 shall be bonded under a blanket corporate surety bond orinsured under equivalent commercial insurance for faithful performance andhonesty in an amount determinedby the Risk Manager.The Risk Manager may separately bond any officer, employee,or group thereof under a separate corporate surety bond or equivalent commercialinsurance policy for performance and honesty pursuant to the standards setforth in subdivision (1) of this section if the corporate surety or commercialinsurer will not bond or insure or excludes from coverage any officer, employee,or group thereof under the blanket bond or commercial insurance required bythis section, or if the Risk Manager finds that the reasonable availabilityor cost of the blanket bond or commercial insurance required under this sectionis adversely affected by any of the following factors: The loss experience,types of risks to be bonded or insured, relationship of premium to risks involved,past and projected trends for premiums, or any other factors.Surety bonds of collection agencies, as required by section 45-608, and detective agencies, as required by section 71-3207, shall be approvedby the Secretary of State. The Attorney General shall approve all bond formsdistributed by the Secretary of State. SourceLaws 1945, c. 13, § 1, p. 112; Laws 1955, c. 17, § 1, p. 88; Laws 1967, c. 36, § 3, p. 162; Laws 1969, c. 54, § 1, p. 354; Laws 1978, LB 653, § 8; Laws 1981, LB 273, § 1; Laws 1994, LB 1210, § 1; Laws 1996, LB 1044, § 45; Laws 1998, LB 922, § 392; Laws 2000, LB 901, § 1; Laws 2003, LB 242, § 1; Laws 2004, LB 884, § 10; Laws 2007, LB334, § 2; Laws 2010, LB722, § 1.Effective Date: July 15, 2010