reglab/statecodes huggingface dataset:
2023 Nebraska Revised Statutes › Chapter 45 - Interest, Loans, and Debt › 45-1054 - Borrower; deficiency; liability; how treated.

45-1054.
Borrower; deficiency; liability; how treated.
(1) A borrower is not liable for a deficiency unless the licensee has disposed of the collateral in good faith and in a commercially reasonable manner.
(2) If the licensee takes possession or voluntarily accepts surrender of goods in which the licensee has a security interest to secure a loan and at the time thereof the unpaid balance due on the loan is three thousand dollars or less, the borrower is not personally liable to the licensee for the unpaid balance of the debt arising from the loan and the licensee's duty to dispose of the collateral is governed by the provisions on disposition of collateral, article 9, Uniform Commercial Code.
(3) The borrower may be liable in damages to the licensee if the borrower has wrongfully damaged the collateral if, after default, failure to cure, and demand, the borrower has wrongfully failed to make the collateral available to the licensee.
(4) If the licensee elects to bring an action against the borrower for a debt arising from a loan, when under this section the licensee would not be entitled to a deficiency judgment if the licensee took possession of the collateral, and obtains judgment (a) the licensee may not take possession of the collateral, and (b) the collateral is not subject to levy or sale on execution or similar proceedings pursuant to the judgment.
Source
Laws 1979, LB 87, § 17;
Laws 1999, LB 550, § 9;
R.S.Supp.,2000, § 45-184;
Laws 2001, LB 53, § 82.
2023 Nebraska Revised Statutes › Chapter 45 - Interest, Loans, and Debt › 45-1055 - Writing evidencing borrower's obligation; form; copies; fee; licensee; duties.

45-1055.
Writing evidencing borrower's obligation; form; copies; fee; licensee; duties.
(1) The licensee shall give to the borrower a copy of any writing evidencing a loan if the writing requires or provides for the signature of the borrower. The writing evidencing the borrower's obligation to pay under a loan shall contain a clear and conspicuous notice in form and content substantially as follows:
NOTICE TO CONSUMER: 1. Do not sign this paper before you read it. 2. You are entitled to a copy of this paper. 3. You may prepay the unpaid balance at any time without penalty and may be entitled to receive a refund of unearned charges in accordance with law.
(2) Upon written request of a borrower, the licensee shall provide a written statement of the dates and amounts of payments made and the amounts of any default and deferment charges assessed preceding the month in which the request is received and the total amount unpaid as the end of the period covered by the statement and a copy of the loan agreement, security agreement, and a facsimile of any insurance certificate issued as part of the transaction, if applicable. The licensee may charge a reasonable fee for such copies, not to exceed fifty cents per page.
(3) The licensee shall answer in writing, within ten business days after receipt, any written request for payoff information from the borrower or the borrower's representative. This service shall be provided without charge to the borrower, except that when such information is provided upon request within sixty days after the fulfillment of a previous request, a processing fee of up to ten dollars may be charged.
Source
Laws 1979, LB 87, § 18;
R.S.1943, (1998), § 45-185;
Laws 2001, LB 53, § 83;
Laws 2005, LB 533, § 65.
2023 Nebraska Revised Statutes › Chapter 45 - Interest, Loans, and Debt › 45-1056 - Licensee; discrimination prohibited.

45-1056.
Licensee; discrimination prohibited.
A licensee shall not refuse to enter into a loan or impose finance charges or other terms or conditions of credit more onerous than those regularly extended by that licensee to borrowers of similar economic backgrounds because of the age, color, creed, national origin, political affiliation, race, religion, sex, marital status, or disability of the borrower or because the borrower receives public assistance, social security benefits, pension benefits, or the like.
Source
Laws 1979, LB 87, § 19;
R.S.1943, (1998), § 45-186;
Laws 2001, LB 53, § 84.
2023 Nebraska Revised Statutes › Chapter 45 - Interest, Loans, and Debt › 45-1057 - Licensee; loan; former debt; how treated.

45-1057.
Licensee; loan; former debt; how treated.
No licensee shall, directly or indirectly, require a borrower as a condition of granting a loan to such borrower to reaffirm or otherwise obligate himself or herself to pay a former debt to the licensee which has been discharged in bankruptcy proceedings.
Source
Laws 1979, LB 87, § 20;
R.S.1943, (1998), § 45-187;
Laws 2001, LB 53, § 85.
2023 Nebraska Revised Statutes › Chapter 45 - Interest, Loans, and Debt › 45-1058 - Violation; loan transaction; licensee; liability.

45-1058.
Violation; loan transaction; licensee; liability.
Any violation of sections 45-1043 to 45-1058 in connection with any loan transaction, however acquired, shall not render the indebtedness, any interest, or other charges void or uncollectible. In an action, other than a class action, the borrower may recover from the licensee violating such sections an award of liquidated damages in an amount determined by the court, but not less than five hundred dollars nor more than one thousand dollars. In any legal action brought pursuant to this section in which the licensee is found liable, the court shall award costs and reasonable attorneys' fees to the borrower. A licensee is not liable under this section if the licensee notifies the borrower of an error before the licensee receives from the borrower written notice of the error or before the borrower has brought an action under this section and the licensee corrects the error within thirty days after notifying the borrower. A licensee may not be held liable in any action brought under this section if the licensee shows by a preponderance of evidence that the violation was not intentional and resulted from a bona fide error notwithstanding the maintenance of procedures reasonably adapted to avoid the error.
Source
Laws 1979, LB 87, § 21;
R.S.1943, (1998), § 45-188;
Laws 2001, LB 53, § 86.
2023 Nebraska Revised Statutes › Chapter 45 - Interest, Loans, and Debt › 45-1059 - Preauthorized loans; definitions; where found.

45-1059.
Preauthorized loans; definitions; where found.
For purposes of sections 45-1059 to 45-1067, unless the context otherwise requires, the definitions found in sections 45-1060 and 45-1061 shall also be used.
Source
Laws 1981, LB 271, § 1;
R.S.1943, (1998), § 45-194;
Laws 2001, LB 53, § 91.
2023 Nebraska Revised Statutes › Chapter 45 - Interest, Loans, and Debt › 45-1060 - Billing cycle, defined.

45-1060.
Billing cycle, defined.
Billing cycle means the time interval between periodic billing dates. A billing cycle shall be considered monthly if the closing date of the cycle is the same date each month or does not vary by more than four days from such date.
Source
Laws 1981, LB 271, § 2;
R.S.1943, (1998), § 45-195;
Laws 2001, LB 53, § 92.
2023 Nebraska Revised Statutes › Chapter 45 - Interest, Loans, and Debt › 45-1061 - Preauthorized loan, defined.

45-1061.
Preauthorized loan, defined.
Preauthorized loan means a loan made by a licensee pursuant to an agreement between the licensee and the borrower whereby:
(1) The licensee may permit the borrower to obtain advances of money from the licensee from time to time or the licensee may advance money on behalf of the borrower from time to time as directed by the borrower;
(2) The amount of each advance and permitted charge and cost is debited to the borrower's account and payments and other credits are credited to the same account;
(3) The charges are computed on the unpaid principal balance or balances of the account from time to time;
(4) The borrower has the privilege of paying the account in full at any time or, if the account is not in default, in monthly installments or fixed or determinable amounts as provided in the agreement; and
(5) The loan agreement expressly states that it covers preauthorized loans. Preauthorized loan does not mean a transaction, resulting in either a credit or a debit to the borrower's account, which is initiated by the use or application of a plastic, metal, or other type of credit or transaction card.
Source
Laws 1981, LB 271, § 3;
R.S.1943, (1998), § 45-196;
Laws 2001, LB 53, § 93.
2023 Nebraska Revised Statutes › Chapter 45 - Interest, Loans, and Debt › 45-1062 - Preauthorized loans; charges authorized; computation.

45-1062.
Preauthorized loans; charges authorized; computation.
A licensee may make preauthorized loans and may contract for and receive charges on such loans as set forth in subsection (1) of section 45-1024 as follows:
(1) A licensee shall not compound charges by adding any unpaid charges authorized by section 45-1024 or sections 45-1059 to 45-1067 to the unpaid principal balance of the borrower's account, except that the unpaid principal balance may include the additional charges authorized by section 45-1064;
(2) Charges authorized by section 45-1024 or sections 45-1059 to 45-1067 shall be deemed not to exceed the maximum charges permitted by such sections if such charges are computed in each billing cycle by any of the following methods:
(a) By converting each graduated monthly rate to a daily rate and multiplying such daily rate by the applicable portion of the daily unpaid principal balance of the account, in which case each daily rate is determined by multiplying the authorized monthly rate by twelve and dividing by three hundred sixty-five;
(b) By multiplying each graduated monthly rate by the applicable portion of the average daily unpaid principal balance of the account in the billing cycle, in which case the average daily unpaid principal balance is the sum of the amount unpaid each day during the cycle divided by the number of days in the cycle; or
(c) By converting each graduated monthly rate to a daily rate and multiplying such daily rate by the applicable portion of the average daily unpaid principal balance of the account in the billing cycle, in which case each daily rate is determined by multiplying the authorized monthly rate by twelve and dividing by three hundred sixty-five, and the average daily unpaid principal balance is the sum of the amount unpaid each day during the cycle divided by the number of days in the cycle; and
(3) For each method of computation set forth in subdivision (2) of this section, the billing cycle shall be monthly and the unpaid principal balance on any day shall be determined by adding to any balance unpaid as of the beginning of that day all advances and other permissible amounts charged to the borrower and deducting all payments and other credits made or received that day.
Source
Laws 1981, LB 271, § 5;
R.S.1943, (1998), § 45-198;
Laws 2001, LB 53, § 94.
2023 Nebraska Revised Statutes › Chapter 45 - Interest, Loans, and Debt › 45-1063 - Preauthorized loan; repayment; requirements.

45-1063.
Preauthorized loan; repayment; requirements.
The borrower under a preauthorized loan may at any time pay all or any part of the unpaid balance in his or her account, or, if the account is not in default, the borrower may pay the unpaid principal balance in monthly installments. Minimum monthly payment requirements shall be determined by the licensee and set forth in the preauthorized loan agreement, except that the minimum monthly payment shall not be less than one and one-half percent of the average daily unpaid principal balance of an account having an average daily balance of more than three thousand dollars nor less than two percent of the average daily unpaid principal balance of an account having an average daily balance of three thousand dollars or less.
Source
Laws 1981, LB 271, § 6;
R.S.1943, (1998), § 45-199;
Laws 2001, LB 53, § 95.
2023 Nebraska Revised Statutes › Chapter 45 - Interest, Loans, and Debt › 45-1064 - Preauthorized loans; additional fees, costs, and expenses authorized; restrictions.

45-1064.
Preauthorized loans; additional fees, costs, and expenses authorized; restrictions.
In addition to the charges permitted under section 45-1062, a licensee may contract for and receive the fees, costs, and expenses permitted by the Nebraska Installment Loan Act on other loans, subject to all the conditions and restrictions set forth in the act with the following variations:
(1) If credit life or disability insurance is provided and if the insured dies or becomes disabled when there is an outstanding preauthorized loan indebtedness, the insurance shall be sufficient to pay the total balance of the loan due on the date of the borrower's death or the amount due as of the end of the previous billing cycle, whichever is less, in the case of credit life insurance, or all minimum payments which become due on the loan during the covered period of disability in the case of credit disability insurance. The additional charge for credit life insurance or credit disability insurance shall be calculated in each billing cycle by applying the current monthly premium rate for such insurance, as such rate may be determined by the Director of Insurance, to the unpaid balances in the borrower's account, using either of the methods specified in section 45-1062 for the calculation of loan charges;
(2) No credit life or disability insurance written in connection with a preauthorized loan shall be canceled by the licensee because of delinquency of the borrower in the making of the required minimum payments on the loan unless one or more of such payments is past due for a period of ninety days or more, and the licensee shall advance to the insurer the amounts required to keep the insurance in force during such period, which amounts may be debited to the borrower's account;
(3) The department may, by rule and regulation, require a statement of insurance that will be appropriate for preauthorized loans in lieu of that required by section 45-1027; and
(4) The amount, terms, and conditions of any insurance against loss or damage to property must be reasonable in relation to the character and value of the property insured and the maximum anticipated amount of credit to be extended.
Source
Laws 1981, LB 271, § 7;
R.S.1943, (1998), § 45-1,100;
Laws 2001, LB 53, § 96.
2023 Nebraska Revised Statutes › Chapter 45 - Interest, Loans, and Debt › 45-1065 - Preauthorized loans; security interest authorized.

45-1065.
Preauthorized loans; security interest authorized.
A licensee may retain any security interest, including a mortgage on real property, until the preauthorized account is terminated.
Source
Laws 1981, LB 271, § 8;
R.S.1943, (1998), § 45-1,101;
Laws 2001, LB 53, § 97;
Laws 2004, LB 999, § 42.
2023 Nebraska Revised Statutes › Chapter 45 - Interest, Loans, and Debt › 45-1066 - Preauthorized loans; sections not applicable.

45-1066.
Preauthorized loans; sections not applicable.
Subsection (3) of section 45-1025 and sections 45-1031 and 45-1040 shall not apply to preauthorized loans.
Source
Laws 1981, LB 271, § 9;
R.S.1943, (1998), § 45-1,102;
Laws 2001, LB 53, § 98;
Laws 2003, LB 218, § 17.
2023 Nebraska Revised Statutes › Chapter 45 - Interest, Loans, and Debt › 45-1067 - Preauthorized loans; department; powers.

45-1067.
Preauthorized loans; department; powers.
The department may approve record-keeping systems for licensees and may prescribe policies and procedures necessary to the administration of sections 45-1059 to 45-1067.
Source
Laws 1981, LB 271, § 10;
R.S.1943, (1998), § 45-1,103;
Laws 2001, LB 53, § 99.
2023 Nebraska Revised Statutes › Chapter 45 - Interest, Loans, and Debt › 45-1069 - Administrative fine; procedure; lien.

45-1069.
Administrative fine; procedure; lien.
(1) The director may, following a hearing under the Administrative Procedure Act, impose an administrative fine against any officer, director, shareholder, partner, or member of a licensee, if the director finds the licensee or any such person participated in or had knowledge of any act prohibited by the Nebraska Installment Loan Act or otherwise violated the act. Such administrative fine shall be in addition to or separate from any fine imposed against a licensee pursuant to section 45-1033.
(2) If the director finds, after notice and hearing in accordance with the Administrative Procedure Act, that any person has knowingly committed any act prohibited by section 45-1033 or otherwise violated the Nebraska Installment Loan Act or any rule and regulation or order adopted thereunder, the director may order such person to pay (a) an administrative fine of not more than one thousand dollars for each separate violation and (b) the costs of investigation.
(3) If a person fails to pay an administrative fine and the costs of investigation ordered pursuant to this section, a lien in the amount of such fine and costs may be imposed upon all assets and property of such person in this state and may be recovered in a civil action by the director. The lien shall attach to the real property of such person when notice of the lien is filed and indexed against the real property in the office of the register of deeds in the county where the real property is located. The lien shall attach to any other property of such person when notice of the lien is filed against the property in the manner prescribed by law. Failure of the person to pay such fine and costs shall constitute a separate violation of the act.
Source
Laws 2005, LB 533, § 64.
Cross References
Administrative Procedure Act, see section 84-920.
2023 Nebraska Revised Statutes › Chapter 45 - Interest, Loans, and Debt › 45-1070 - Minimum term.

45-1070.
Minimum term.
Notwithstanding any other provision of law, the minimum term of a loan contract for any loan governed by the Nebraska Installment Loan Act shall be six months from the loan transaction date.
Source
Laws 2018, LB194, § 21.
2023 Nebraska Revised Statutes › Chapter 45 - Interest, Loans, and Debt › 45-1102 - Purpose of act; exclusions from act; exemption from insurance requirements.

45-1102.
Purpose of act; exclusions from act; exemption from insurance requirements.
(1) The purpose of the Guaranteed Asset Protection Waiver Act is to provide a framework within which guaranteed asset protection waivers are offered, sold, and provided in this state.
(2) The act does not apply to:
(a) An insurance policy offered by an insurer under the insurance laws of this state;
(b) A debt cancellation or debt suspension contract being offered in compliance with 12 C.F.R. part 37 or 12 C.F.R. part 721 or other federal law as such part or law existed on July 15, 2010; or
(c) Guaranteed asset protection waivers offered, sold, or provided to borrowers by a financial institution.
(3) Guaranteed asset protection waivers governed under the Guaranteed Asset Protection Waiver Act are not insurance and are exempt from the insurance laws of this state. Persons marketing, selling, or offering to sell guaranteed asset protection waivers to borrowers that comply with the act are exempt from this state's insurance licensing requirements.
Source
Laws 2010, LB571, § 2.
2023 Nebraska Revised Statutes › Chapter 45 - Interest, Loans, and Debt › 45-1103 - Terms, defined.

45-1103.
Terms, defined.
For purposes of the Guaranteed Asset Protection Waiver Act:
(1) Borrower means a debtor, retail buyer, or lessee under a finance agreement;
(2) Creditor means:
(a) The lender in a loan or credit transaction involving a motor vehicle;
(b) The lessor in a lease transaction involving a motor vehicle;
(c) Any retail seller of motor vehicles that provides credit to retail buyers of such motor vehicles if such entities comply with the provisions of the act; or
(d) The assignees of any of the foregoing to whom the credit obligation is payable;
(3) Creditor's designee means a person other than the creditor that performs administrative or operational functions pursuant to a guaranteed asset protection waiver program;
(4) Finance agreement means a loan, credit transaction, lease, or retail installment sales contract for the purchase or lease of a motor vehicle;
(5) Financial institution has the same meaning as in section 8-101.03;
(6) Free-look period means the period of time from the effective date of the guaranteed asset protection waiver until the date the borrower may cancel the contract without penalty, fees, or costs to the borrower. This period of time must not be shorter than thirty days;
(7) Guaranteed asset protection waiver means a contractual agreement wherein a creditor or the creditor's designee agrees, for a separate charge, to cancel or waive all or part of amounts due on a borrower's finance agreement in the event of a total physical damage loss as determined by the insurer issuing the motor vehicle insurance policy subject to the terms of the waiver or unrecovered theft as determined by the insurer issuing the motor vehicle insurance policy subject to the terms of the waiver of the motor vehicle, which agreement must be part of, or a separate addendum to, the finance agreement. If a borrower does not have motor vehicle insurance, the creditor or the creditor's designee will accept a report prepared pursuant to insurance industry standards by a qualified inspector declaring the motor vehicle a total loss or a law enforcement report declaring the motor vehicle an unrecovered theft. Nothing in the act shall be construed to require the waiver to pay more than the amount that would have been paid if the borrower had motor vehicle insurance at the time of loss;
(8) Motor vehicle means self-propelled or towed vehicles designed for personal or commercial use, including, but not limited to, automobiles, trucks, motorcycles, recreational vehicles, all-terrain vehicles, snowmobiles, campers, boats, personal watercraft, and motorcycle, boat, camper, and personal watercraft trailers; and
(9) Person includes an individual, company, association, organization, partnership, business trust, corporation, and every form of legal entity.
Source
Laws 2010, LB571, § 3;
Laws 2017, LB140, § 157.
2023 Nebraska Revised Statutes › Chapter 45 - Interest, Loans, and Debt › 45-1104 - Guaranteed asset protection waivers; not insurance; exempt from insurance laws; sale options; separate statement of cost; part of finance agreement; sale and marketing restrictions.

45-1104.
Guaranteed asset protection waivers; not insurance; exempt from insurance laws; sale options; separate statement of cost; part of finance agreement; sale and marketing restrictions.
(1) Guaranteed asset protection waivers offered, sold, or provided to borrowers under the terms of the Guaranteed Asset Protection Waiver Act are not insurance and are exempt from the insurance laws of this state. Persons marketing, selling, or offering to sell guaranteed asset protection waivers to borrowers that comply with the act are exempt from this state's insurance licensing requirements.
(2) Guaranteed asset protection waivers may, at the option of the creditor, be sold for a single payment or may be offered with a monthly or periodic payment option.
(3) Notwithstanding any other provision of law, any cost to the borrower for a guaranteed asset protection waiver entered into in compliance with the federal Truth in Lending Act, 15 U.S.C. 1601 et seq., and its implementing regulations, as such act and regulations existed on July 15, 2010, shall be separately stated and is not to be considered a finance charge or interest.
(4) The guaranteed asset protection waiver remains a part of the finance agreement upon the assignment, sale, or transfer of such finance agreement by the creditor.
(5) Neither the extension of credit, the terms of the credit, nor the terms of the related motor vehicle sale or lease may be conditioned upon the purchase of a guaranteed asset protection waiver.
(6) Persons marketing, selling, or offering to sell guaranteed asset protection waivers to a borrower shall not market such guaranteed asset protection waivers to any borrower or potential borrowers as being insured under a contractual liability or other insurance policy issued by an insurer.
Source
Laws 2010, LB571, § 4.
2023 Nebraska Revised Statutes › Chapter 45 - Interest, Loans, and Debt › 45-1105 - Guaranteed asset protection waiver; disclosures required.

45-1105.
Guaranteed asset protection waiver; disclosures required.
Guaranteed asset protection waivers shall disclose, as applicable, in writing and in clear, understandable language that is easy to read, the following:
(1) The name and address of the initial creditor or the creditor's designee and the borrower at the time of sale;
(2) The purchase price and the terms of the guaranteed asset protection waiver, including the requirements for protection, conditions, or exclusions associated with the guaranteed asset protection waiver;
(3) That the borrower may cancel the guaranteed asset protection waiver within the free-look period as specified in the waiver, and will be entitled to a full refund of the purchase price, so long as no benefits have been provided. In the event benefits have been provided during the free-look period, the borrower may receive a full refund less any benefits provided under the waiver;
(4) The procedure the borrower shall follow, if any, to obtain guaranteed asset protection waiver benefits under the terms and conditions of the waiver, including a telephone number and address where the borrower may apply for waiver benefits;
(5) Whether or not the guaranteed asset protection waiver is cancelable after the free-look period and the conditions under which it may be canceled or terminated including the procedures for requesting any refund due;
(6) That in order to receive any refund due in the event of a borrower's cancellation of the guaranteed asset protection waiver agreement or early termination of the finance agreement after the free-look period of the guaranteed asset protection waiver, the borrower, in accordance with terms of the waiver, shall provide a written request to cancel to the creditor or the creditor's designee within ninety days after the occurrence of the event terminating the finance agreement;
(7) The methodology for calculating any refund of the unearned purchase price of the guaranteed asset protection waiver due, in the event of cancellation of the guaranteed asset protection waiver or early termination of the finance agreement;
(8) That neither the extension of credit, the terms of the credit, nor the terms of the related motor vehicle sale or lease shall be conditioned upon the purchase of the guaranteed asset protection waiver;
(9) That a guaranteed asset protection waiver is not insurance and is not regulated by the Department of Insurance and that the guaranteed asset protection waiver remains a part of the finance agreement upon the assignment, sale, or transfer of such finance agreement by the creditor or the creditor's designee; and
(10) The events or losses to which the guaranteed asset protection waiver does not apply.
Source
Laws 2010, LB571, § 5.
2023 Nebraska Revised Statutes › Chapter 45 - Interest, Loans, and Debt › 45-1106 - Guaranteed asset protection waiver agreement; authorized terms; cancellation or early termination of finance agreement; refund; calculation; disposition.

45-1106.
Guaranteed asset protection waiver agreement; authorized terms; cancellation or early termination of finance agreement; refund; calculation; disposition.
(1) Guaranteed asset protection waiver agreements may be cancelable or noncancelable after the free-look period. A creditor or the creditor's designee may offer a borrower a waiver that does not provide for a refund if the creditor or the creditor's designee also offers the borrower a bona fide option to purchase a comparable waiver that provides for a refund. Guaranteed asset protection waivers shall provide that if a borrower cancels a waiver within the free-look period, the borrower will be entitled to a full refund of the purchase price, so long as no benefits have been provided. In the event benefits have been provided, the borrower may receive a full or partial refund pursuant to the terms of the waiver.
(2) In the event of a borrower's cancellation of the guaranteed asset protection waiver or early termination of the finance agreement, after the agreement has been in effect beyond the free-look period, the borrower may be entitled to a refund of any unearned portion of the purchase price of the waiver unless the waiver provides otherwise. The creditor or the creditor's designee shall calculate the amount of the refund using a method at least as favorable to the borrower as the actuarial method. In order to receive a refund, the borrower, in accordance with any applicable terms of the waiver, must provide a written request to the creditor or the creditor's designee within ninety days after the event terminating the waiver or finance agreement.
(3) If the cancellation of a guaranteed asset protection waiver occurs as a result of a default under the finance agreement or the repossession of the motor vehicle associated with the finance agreement, or any other termination of the finance agreement, any refund due may be paid directly to the creditor or the creditor's designee and applied as set forth in subsection (4) of this section.
(4) Any cancellation refund under this section may be applied by the creditor or the creditor's designee as a reduction of the amount owed under the finance agreement unless the borrower can show that the finance agreement has been paid in full.
Source
Laws 2010, LB571, § 6.
2023 Nebraska Revised Statutes › Chapter 45 - Interest, Loans, and Debt › 45-1107 - Modification of guaranteed asset protection waiver; limitations.

45-1107.
Modification of guaranteed asset protection waiver; limitations.
The creditor or the creditor's designee shall not offer a guaranteed asset protection waiver when the guaranteed asset protection waiver contains terms that allow the creditor or the creditor's designee to modify, unilaterally, the guaranteed asset protection waiver, unless (1) the modification is favorable to the borrower and is made without any additional charge to the borrower or (2) the borrower is notified of the proposed modification and has the option to cancel the guaranteed asset protection waiver without penalty.
Source
Laws 2010, LB571, § 7.
2023 Nebraska Revised Statutes › Chapter 45 - Interest, Loans, and Debt › 45-1201 - Act, how cited.

45-1201.
Act, how cited.
Sections 45-1201 to 45-1211 shall be known and may be cited as the Nebraska Construction Prompt Pay Act.
Source
Laws 2010, LB552, § 1;
Laws 2014, LB961, § 4.
2023 Nebraska Revised Statutes › Chapter 45 - Interest, Loans, and Debt › 45-1202 - Terms, defined.

45-1202.
Terms, defined.
For purposes of the Nebraska Construction Prompt Pay Act:
(1) Contractor includes individuals, firms, partnerships, limited liability companies, corporations, or other associations of persons engaged in the business of the construction, alteration, repairing, dismantling, or demolition of buildings, roads, bridges, viaducts, sewers, water and gas mains, streets, disposal plants, water filters, tanks and towers, airports, dams, levees and canals, water wells, pipelines, transmission and power lines, and every other type of structure, project, development, or improvement coming within the definition of real property and personal property, including such construction, repairing, or alteration of such property to be held either for sale or rental. Contractor also includes any subcontractor engaged in the business of such activities and any person who is providing or arranging for labor for such activities, either as an employee or as an independent contractor, for any contractor or person. Contractor does not include an individual or an entity performing work on a contract for the State of Nebraska or performing work on a federal-aid or state-aid project of a political subdivision in which the state makes payments to the contractor on behalf of the political subdivision;
(2) Owner means a person (a) who has an interest in any real property improved, (b) for whom an improvement is made, or (c) who contracted for an improvement to be made. Owner includes a person, an entity, or any political subdivision of this state. Owner does not include the State of Nebraska;
(3) Owner's representative means an architect, an engineer, or a construction manager in charge of a project for the owner or such other contract representative or officer as designated in the contract document as the party representing the owner's interest regarding administration and oversight of the project;
(4) Real property means real estate that is improved, including private and public land, and leaseholds, tenements, and improvements placed on the real property;
(5) Receipt means actual receipt of cash or funds by the contractor or subcontractor;
(6) Subcontractor means a person or an entity that has contracted to furnish labor or materials to, or performed labor or supplied materials for, a contractor or another subcontractor in connection with a contract to improve real property. Subcontractor includes materialmen and suppliers. Subcontractor does not include an individual or an entity performing work as a subcontractor on a contract for the State of Nebraska or performing work on a federal-aid or state-aid project of a political subdivision in which the state makes payments to the contractor on behalf of the political subdivision; and
(7) Substantially complete means the stage of a construction project when the project, or a designated portion thereof, is sufficiently complete in accordance with the contract so that the owner can occupy or utilize the project for its intended use.
Source
Laws 2010, LB552, § 2;
Laws 2014, LB961, § 5.
2023 Nebraska Revised Statutes › Chapter 45 - Interest, Loans, and Debt › 45-1203 - Contractor; payment; payment request; subcontractor; payment; retainage; payment.

45-1203.
Contractor; payment; payment request; subcontractor; payment; retainage; payment.
(1) When a contractor has performed work in accordance with the provisions of a contract with an owner, the owner shall pay the contractor within thirty days after receipt by the owner or the owner's representative of a payment request made pursuant to the contract.
(2) When a subcontractor has performed work in accordance with the provisions of a subcontract and all conditions precedent to payment contained in the subcontract have been satisfied, the contractor shall pay the subcontractor and the subcontractor shall pay his, her, or its subcontractor, within ten days after receipt by the contractor or subcontractor of each periodic or final payment, the full amount received for the subcontractor's work and materials based on work completed or service provided under the subcontract for which the subcontractor has properly requested payment, if the subcontractor provides or has provided satisfactory and reasonable assurances of continued performance and financial responsibility to complete the work.
(3) The owner or the owner's representative shall release and pay all retainage for work completed in accordance with the provisions of the contract within forty-five days after the project, or a designated portion thereof, is substantially complete. When a subcontractor has performed work in accordance with the provisions of a subcontract and all conditions precedent to payment contained in the subcontract have been satisfied, the contractor shall pay all retainage due such subcontractor within ten days after receipt of the retainage.
Source
Laws 2010, LB552, § 3;
Laws 2014, LB961, § 6.
2023 Nebraska Revised Statutes › Chapter 45 - Interest, Loans, and Debt › 45-1204 - Withholdings; authorized.

45-1204.
Withholdings; authorized.
When work has been performed pursuant to a contract, an owner, a contractor, or a subcontractor may only withhold payment:
(1) For retainage, in an amount not to exceed the amount specified in the applicable contract, which shall not exceed a rate of ten percent. If the scope of work for the contractor or subcontractor from which retainage is withheld is fifty percent complete and if the contractor or subcontractor has performed work in accordance with the provisions in the applicable contract, no more than five percent of any additional progress payment may be withheld as retainage if the contractor or subcontractor provides or has provided satisfactory and reasonable assurances of continued performance and financial responsibility to complete the work;
(2) Of a reasonable amount, to the extent that such withholding is allowed in the contract, for any of the following reasons:
(a) Reasonable evidence showing that the contractual completion date will not be met due to unsatisfactory job progress;
(b) Third-party claims filed or reasonable evidence that such a claim will be filed with respect to work under the contract; or
(c) Failure of the contractor to make timely payments for labor, equipment, subcontractors, or materials; or
(3) After substantial completion, in an amount not to exceed one hundred twenty-five percent of the estimated cost to complete the work remaining on the contract.
Source
Laws 2010, LB552, § 4;
Laws 2014, LB961, § 7.
2023 Nebraska Revised Statutes › Chapter 45 - Interest, Loans, and Debt › 45-1205 - Delay in payment; additional interest payment.

45-1205.
Delay in payment; additional interest payment.
Except as provided in section 45-1204, if a periodic or final payment to (1) a contractor is delayed by more than thirty days after receipt of a properly submitted periodic or final payment request by the owner or owner's representative or (2) a subcontractor is delayed by more than ten days after receipt of a periodic or final payment by the contractor or subcontractor, then the remitting owner, contractor, or subcontractor shall pay the contractor or subcontractor interest due until such amount is paid, beginning on the day following the payment due date at the rate of one percent per month or a pro rata fraction thereof on the unpaid balance. Interest is due under this section only after the person charged the interest has been notified of the provisions of this section by the contractor or subcontractor. Acceptance of progress payments or a final payment shall release all claims for interest on such payments.
Source
Laws 2010, LB552, § 5;
Laws 2014, LB961, § 9.
2023 Nebraska Revised Statutes › Chapter 45 - Interest, Loans, and Debt › 45-1206 - Other remedies available.

45-1206.
Other remedies available.
The Nebraska Construction Prompt Pay Act shall not modify the remedies available to any person under the terms of a contract in existence prior to October 1, 2010, or by any other statute.
Source
Laws 2010, LB552, § 6.
2023 Nebraska Revised Statutes › Chapter 45 - Interest, Loans, and Debt › 45-1207 - Residential real property; applicability of act.

45-1207.
Residential real property; applicability of act.
The Nebraska Construction Prompt Pay Act does not apply to improvements to real property intended for residential purposes when the residence consists of no more than four residential units.
Source
Laws 2010, LB552, § 7.
2023 Nebraska Revised Statutes › Chapter 45 - Interest, Loans, and Debt › 45-1208 - Applicability to contracts entered into on or after October 1, 2010.

45-1208.
Applicability to contracts entered into on or after October 1, 2010.
The Nebraska Construction Prompt Pay Act applies to contracts or subcontracts entered into on or after October 1, 2010.
Source
Laws 2010, LB552, § 8.
2023 Nebraska Revised Statutes › Chapter 45 - Interest, Loans, and Debt › 45-1209 - Contract provisions; void.

45-1209.
Contract provisions; void.
The following provisions in any contract or subcontract for construction work performed within the State of Nebraska shall be against public policy and shall be void and unenforceable:
(1) A provision that purports to waive, release, or extinguish rights to file a claim against a payment or performance bond, except that a contract or subcontract may require a contractor or subcontractor to provide a waiver or release of such rights as a condition for payment, but only to the extent of the amount of the payment received;
(2) A provision that purports to make any state law other than that of Nebraska applicable to or governing any contract for construction within the state; or
(3) A provision that purports to require that the venue for a court or arbitration hearing be held at any location outside of the state.
Source
Laws 2010, LB552, § 9.
2023 Nebraska Revised Statutes › Chapter 45 - Interest, Loans, and Debt › 45-1210 - Construction performed for political subdivision; liquidated or unliquidated claim; procedure; civil action authorized.

45-1210.
Construction performed for political subdivision; liquidated or unliquidated claim; procedure; civil action authorized.
(1) Any liquidated or unliquidated claim against any political subdivision of this state arising from construction performed for such political subdivision shall: (a) Be presented in writing to the individual or officer as set forth in subsection (2) of this section; (b) state the name of the claimant and the amount of the claim; and (c) identify the item or service for which payment is claimed or the time, place, nature, and circumstance giving rise to the claim. All claims shall be filed within one hundred eighty days after the date of substantial completion of the construction project.
(2) A construction contract entered into by any political subdivision of this state may provide the name and location of the office in which a claim under this section may be filed. In the absence of such provision, a written claim shall be filed as follows:
(a) Claims against a city of the metropolitan, primary, first, or second class shall be filed with the appropriate city clerk;
(b) Claims against a village shall be filed with the village clerk;
(c) Claims against a county shall be filed with the county clerk; and
(d) Claims against any other political subdivision shall be filed with the person who executed the contract on behalf of the political subdivision or that person's successor in office.
(3) The applicable political subdivision shall issue a decision on the claim within ninety days after receipt thereof. If no decision has been issued after such period, the claim shall be deemed to be denied in whole and the claimant may commence an action in accordance with subsection (4) of this section.
(4) If a claim is denied in whole or in part, a claimant may bring a civil action on the claim. An action under this subsection may only be brought within two years after the denial of the claim or the date upon which the claim is deemed to be denied. Any such action shall be in the nature of an original action and not an appeal and shall be commenced in the district court of the county in which the construction project at issue was located. Either party may appeal from the decision of the district court.
(5) Notwithstanding any other provision of law in Chapters 13, 14, 15, 16, 17, and 23, claims against a political subdivision of this state arising from construction performed for such political subdivision shall be governed by this section.
Source
Laws 2010, LB552, § 10.
2023 Nebraska Revised Statutes › Chapter 45 - Interest, Loans, and Debt › 45-1211 - Violation of act; action for recovery; attorney's fees and costs.

45-1211.
Violation of act; action for recovery; attorney's fees and costs.
Any individual, partnership, firm, limited liability company, corporation, or company may bring an action to recover any damages caused to such person or entity by a violation of the Nebraska Construction Prompt Pay Act. In addition to an award of damages, the court may award a plaintiff reasonable attorney's fees and costs as the court determines is appropriate.
Source
Laws 2014, LB961, § 8.
2023 Nebraska Revised Statutes › Chapter 46 - Irrigation and Regulation of Water › 46-101 - Irrigation District Act, how cited; irrigation districts; organization; grant of authority.

46-101.
Irrigation District Act, how cited; irrigation districts; organization; grant of authority.
(1) Sections 46-101 to 46-1,163 shall be known and may be cited as the Irrigation District Act.
(2) Whenever a majority of the electors owning land or holding leasehold estates, or who are entrymen of government lands, in the manner and to the extent provided in the Irrigation District Act, in any district susceptible to one mode of irrigation from a common source and by the same system of works, desire to provide for the irrigation of the same, they may propose the organization of an irrigation district under the act, and when so organized, each district shall have the power conferred by law upon such irrigation district.
Source
Laws 1895, c. 70, § 1, p. 269;
Laws 1903, c. 121, § 1, p. 615;
Laws 1905, c. 165, § 1, p. 648;
Laws 1913, c. 142, § 1, p. 343;
R.S.1913, § 3457;
Laws 1917, c. 80, § 1, p. 187;
C.S.1922, § 2857;
C.S.1929, § 46-101;
Laws 1937, c. 103, § 1, p. 361;
C.S.Supp.,1941, § 46-101;
R.S.1943, § 46-101;
Laws 2015, LB561, § 1.
Annotations
Irrigation districts organized hereunder are liable for seepage damages without regard to negligence under Article I, section 21, of the Constitution of Nebraska. Halstead v. Farmers Irr. Dist., 200 Neb. 314, 263 N.W.2d 475 (1978).
Provision of public power district law did not apply to irrigation districts. Baum v. County of Scotts Bluff, 172 Neb. 225, 109 N.W.2d 295 (1961).
Where plaintiff's land was never included in district his right to abandon use of irrigation water was not controlled by irrigation district act. Faught v. Platte Valley P. P. & I. Dist., 155 Neb. 141, 51 N.W.2d 253 (1952).
An irrigation district organized under the laws of Nebraska and irrigating lands wholly within this state is subject to the irrigation laws of this state regardless of the fact that the district's headgates and diversion works may be in an adjoining state. State ex rel. Sorensen v. Mitchell Irr. Dist., 129 Neb. 586, 262 N.W. 543 (1935).
Judgment of board as to matters submitted to it by statute cannot be collaterally attacked, but question whether land is under ditch already constructed of sufficient capacity to water same, is not left to adjudication of board. Sowerwine v. Central Irr. Dist., 85 Neb. 687, 124 N.W. 118 (1909); State v. Several Parcels of Land, 80 Neb. 424, 114 N.W. 283 (1907).
Irrigation district act sustained as constitutional. Irrigation districts are public rather than municipal corporations, and their officers are officers of the state. Board of Directors of Alfalfa Irr. Dist. v. Collins, 46 Neb. 411, 64 N.W. 1086 (1895).
Irrigation district, organized after county board was induced to believe law was complied with, was de facto corporation and liable on warrants. Draver v. Greenshields & Everest Co., 29 F.2d 552 (8th Cir. 1928).
2023 Nebraska Revised Statutes › Chapter 46 - Irrigation and Regulation of Water › 46-103 - Irrigation district; how formed; petition.

46-103.
Irrigation district; how formed; petition.
A petition shall be filed with the county board, signed by a majority of the electors of the proposed district who shall own or hold leasehold estates in a majority of the whole number of acres belonging to or held by the electors of the proposed district, which petition shall set forth and particularly describe the boundaries of the district and shall pray that the same be organized under the provisions of sections 46-101 to 46-128.
Source
Laws 1895, c. 70, § 2, p. 270;
Laws 1903, c. 121, § 1, p. 616;
Laws 1909, c. 155, § 1, p. 558;
R.S.1913, § 3458;
Laws 1917, c. 81, § 1, p. 191;
C.S.1922, § 2858;
C.S.1929, § 46-102;
Laws 1933, c. 87, § 1, p. 355;
C.S.Supp.,1941, § 46-102;
R.S.1943, § 46-103.
Annotations
The boundaries of the irrigation district must be sufficiently definite and certain to identify the land to be irrigated thereby. Baker v. Central Irr. Dist., 93 Neb. 460, 140 N.W. 765 (1913).