35-106 Fire insurance companies; occupation tax; levy; collection. - Nebraska Statutes

35-106. Fire insurance companies; occupation tax; levy; collection.The municipal authorities of any city of the first or second class or village, shall have authority, by ordinance, to impose an occupation tax of not more than five dollars per annum on each fire insurance corporation, company or association, doing business in such city or village, for the use, support, and benefit of volunteer fire departments, regularly organized under the laws of the State of Nebraska regulating the same. The municipal clerk shall collect with diligence the occupation tax so imposed. Upon the receipt of said tax the municipal clerk shall pay over the proceeds thereof to the municipal treasurer who shall credit the same to a fund to be known as special occupation tax fund for benefit of the volunteer fire department. Upon proper claim filed by the chief of the fire department and allowed by the local governing body of the municipality, the municipal treasurer shall pay over the proceeds of the tax in the fund from time to time for the use of the fire department, as hereinbefore provided. SourceLaws 1895, c. 38, § 1, p. 167; R.S.1913, § 2525; C.S.1922, § 2448; C.S.1929, § 35-401; Laws 1939, c. 37, § 1, p. 190; C.S.Supp.,1941, § 35-401; R.S.1943, § 35-106.AnnotationsVolunteer fire department receives occupation taxes levied by city or village. State ex rel. Retchless v. Cook, 181 Neb. 863, 152 N.W.2d 23 (1967).Ordinance of village imposing tax for support of fire department was not subject to construction as to meaning of the words doing business by proposed legislative amendment which was never enacted. Village of Axtell v. Nebraska Hardware Mutual Ins. Co., 142 Neb. 657, 7 N.W.2d 471 (1943).Unless this section was merely declaratory of the law which existed when it was enacted, it is invalid because of its failure to refer to the existing laws which it amended. German-American Fire Ins. Co. v. City of Minden, 51 Neb. 870, 71 N.W. 995 (1897).