Occupational Board Reform Act

General Information

Committee of Jurisdiction:Banking, Commerce and Insurance
Occupation Regulated:Executive Officer License
Occupational Board:N/A
Contact:Darcy Bailar, Deputy Director
Purpose:Under the Nebraska Banking Act, no loan or investment shall be made without the approval of an executive officer, unless a bank has elected for its executive officers to be exempt from the requirement to apply for and obtain an Executive Officer License from the Department. Neb. Rev. Stat. § 8-139
Regulated Professionals:179
Year Created:1921
Year Active:1921
Sunset Date:N/A


Statutory Authorization:Nebraska Banking Act § 8-139
Parent Agency:Nebraska Department of Banking and Finance


Number of Members:N/A
Who Appoints:N/A
Legislative Approval:N/A
Qualifications of Members:
Per Diem:
Expense Reimbursement:
Term Length:
Terms Rotate or Expire at Once:


Required FY 2022-2021:0
Held FY 2022-2021:0
Required FY 2021-2020:0
Held FY 2021-2020:0
Required FY 2020-2019:0
Held FY 2020-2019:0
Required FY 2019-2018:0
Held FY 2019-2018:0
Required FY 2018-2017:0
Held FY 2018-2017:0


Support Staff:5 *Whole compensation figures. Does not consider percentage allocation of time.
Shared or Separate:Shared
FY 2022-2021 Budget:492590
FY 2021-2020 Budget:573627
FY 2020-2019 Budget:539630
FY 2019-2018 Budget:541486
FY 2018-2017 Budget:473931
Other Funding Sources:No Other Funding Sources
Spending Authority:Neb. Rev. Stat. § 8-601 (Administration). Neb. Rev. Stat. § 84-1116.01 (Authority beyond budget).


Government Certificates Issued:437
Issued Certificate Descriptions:“Issued” in this context means Executive Officer Licenses issued to individuals.
Government Certificates Revoked:0
Revoked Certificate Descriptions:“Revoked” refers to situation where Department has taken away previously issued license.
Government Certificates Denied:0
Denied Certificate Descriptions:“Denied” refers to initial license applications denied by Department and does not include withdrawn applications.
Government Certificates Penalties Against:1
Penalty Certificate Descriptions:“Penalty” refers to any Executive Officer Licensee fined by Department.
Explanation of Effectiveness:https://nebraskalegislature.gov/pdf/SurveyDocs/explanation1668530970.pdf
Potential HarmExecutive loan officers who interact and work with loan and bank product customers are in a position of trust and have access to sensitive personal financial information about Nebraska consumers. Executive loan officers also are given authority by their institutions to make loans and/or investments of certain amounts without Board approval and therefore can put a financial institution at risk. Community bank loan officers generally have more authority to make executive credit decisions than larger institution loan officers. The Department and the State have a strong interest in monitoring the industry and removing bad actors. The low amount of license denials demonstrates a low barrier to entry into the profession. Banks are quasi-public financial institutions. The number of licenses revoked or given penalties is very low in comparison to the number of registrants. The existing regulatory framework gives the Department the necessary authority to remove bad actors who misuse customer and bank funds or take advantage of the sensitive information they have access to or their position of power. The Department would share information with relevant Federal regulators in order to maintain a cohesive supervisory network. Establishing minimum requirements for executive loan officers helps protect communities from illegal and possibly predatory practices and may promote local economic growth. What is the potential harm if this occupation is no longer licensed, certified, or regulated? Nebraska would lose some of its authority to monitor individuals working in banks and remove bad actors and reduce risk to banks. The Department would not be able to ensure that loan officers in banks meet minimum standards related to character and experience. The ability to remove bad actors is an important protection for Nebraska consumers. All states, and relevant Federal banking agencies, have regulatory processes to monitor banking institutions and provide for their safety and soundness. Violation of any other state’s banking regulations may disqualify an individual from working in other states. * Provide a comparison of whether and how other states regulate the occupation. See above.
Regulation Comparison:https://nebraskalegislature.gov/pdf/SurveyDocs/comparison1668530970.pdf
Subject to Regulations of Act(LB407):No
Survey Submitted: November 15, 2022 10:49 AM