44-1843.01. Nonexempt government securities; covered securities; exemptions

A. Notwithstanding section 44-1843, subsection A, paragraph 1, sections 44-1841 and 44-1842 apply to the following classes of securities that are issued by a person who is located in this state, unless the requirements of subsection B or C of this section are met. The requirements of subsection C of this section apply to the following classes of securities that are described as covered securities in section 18(b)(4)(C) of the securities act of 1933:

1. Any obligations or securities that are industrial development bonds as defined in section 103 of the United States internal revenue code of 1954, as amended, with no exception for the small issue exemptions contained in section 103(b)(6) or 103(d), except that the provisions of this paragraph shall not apply to any issue where substantially all of the proceeds are to be used to provide residential real property for family units, airports, docks, wharves, mass commuting facilities, parking facilities, sewage or solid waste disposal facilities, air or water pollution control facilities, or facilities for the furnishing of water if available on reasonable demand to members of the general public.

2. Bond anticipation notes authorized pursuant to title 48, chapter 6, article 1.

3. Improvement district bonds authorized pursuant to title 48, chapter 6, article 2.

4. Bonds of issuers located outside the state secured only by special assessments.

5. Securities of public subdivisions used to provide monies to finance the acquiring, constructing, improving, equipping or furnishing of medical office buildings, sanitariums, clinics, medical hotels, mortuaries, cemeteries, mausoleums, rest homes, nursing homes, skilled nursing facilities or other similar facilities for use by corporations or entities other than municipal which bonds or notes are not fully secured by payments to be made by an entity owning or operating, repurchasing or leasing a hospital from a political subdivision.

B. Sections 44-1841 and 44-1842 do not apply to the securities that are issued by a person who is located in this state and to which subsection A of this section applies if the following conditions are met:

1. With respect to the nongovernmental entity responsible for making the payments pledged to repay the obligations, there shall be filed with the commission a notice of the proposed offering, the trust indenture, if any, a two hundred dollar filing fee and an official statement or prospectus which includes the financial disclosures required by section 44-1894. The filing shall be by the nongovernmental user with respect to obligations to which subsection A, paragraphs 1 and 5 of this section apply and by the underwriter or dealer with respect to obligations to which subsection A, paragraph 2, 3 or 4 of this section applies. The trust indenture, official statement or prospectus may be filed in draft form if substantially complete. In the case of special assessment bonds to which this section applies, the commission may waive the requirement for filing an official statement or prospectus, modify the information to be contained in the official statement or prospectus or permit the filing of information concerning the bonds in lieu of an official statement or prospectus. The notice, among other things, shall include a statement as to whether a rating on the securities will be sought and from whom the rating will be sought.

2. On the receipt of the notice and official statement or prospectus, the exemption shall be effective within twenty days, or less than twenty days if accelerated by order of the director for good cause shown. The exemption shall not become effective if, within such twenty-day period, the commission issues an order to show cause why the exemption should not be denied. If such order to show cause is issued, the applicant shall be given notice and opportunity to be heard pursuant to article 11 of this chapter. The commission may deny an exemption if it finds that the official statement or prospectus is incomplete, inaccurate or misleading.

C. For securities to be offered in this state that are described as covered securities in section 18(b)(4)(C) of the securities act of 1933 a person shall file all of the following with the commission:

1. A cover letter that describes the offering to be made in this state.

2. Any documents that are filed with the SEC and that are required by the commission.

3. A filing fee of two hundred dollars.