NebraskaLB474109th Legislature 1st and 2nd SessionslegislatureWALLET

Change and eliminate provisions relating to installment sales and installment loans and the Nebraska Money Transmitters Act, rename the Nebraska Installment Sales Act, transfer provisions of and eliminate the Nebraska Installment Loan Act, and change provisions of the Medicaid Access and Quality Act

Sponsored By: Banking, Commerce and Insurance Committee

Signed by Governor

Banking, Commerce and Insurance Committee

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Bill Overview

Analyzed Economic Effects

54 provisions identified: 18 benefits, 11 costs, 25 mixed.

Caps on loan costs and small loans

For installment loans from licensed lenders, yearly charges are capped at 24% on the first $1,000 of principal and 21% on the rest. Loans over $3,000 and under $25,000 cannot run longer than 145 months, except mobile‑home loans. Any loan made outside Nebraska for $3,000 or less that charged more than Nebraska allows is not enforceable in Nebraska, unless it was legal under a similar small‑loan law in that state.

Higher surety bonds and mortgage originator licensing

Applicants must post a $50,000 surety bond plus $50,000 for each licensed branch. If you employ or contract with mortgage loan originators, you must also keep a supplemental bond: $100,000 at first, then $100,000 up to $5 million in prior‑year mortgage volume, $125,000 over $5 million to $10 million, $150,000 over $10 million to $25 million, and $200,000 over $25 million. Mortgage loan originators working for licensees must hold an MLO license. Licensees must maintain the minimum net worth set by law and submit a yearly CPA audit or risk license cancellation.

Stronger enforcement for money transmitters

The Director can fine up to $5,000 per violation per day and recover the state’s investigation and prosecution costs. The Director can issue immediate cease-and-desist orders and seek emergency restraining orders. The Director can resolve matters by consent order. Making false records or doing unlicensed money transmission is now a crime. If you fail to respond to a department notice, you can face an administrative fine up to $5,000 per violation. The Director can require proof for exemption claims, work with other agencies and analytics tools, set reasonable fees to cover oversight costs, and publish a list of licensees and aggregate data.

Selling wages now treated like a loan

If you sell or assign your future wages, the payment you get is treated as a loan secured by your wages. The extra amount above your pay counts as interest from the payment date until payday. This brings wage‑sales under loan rules and protections.

State must seek Medicaid match by Aug 2025

By August 1, 2025, the state must file the federal paperwork needed to get matching dollars for the Medicaid Access and Quality Act. This step helps bring in federal funds to support Medicaid services in Nebraska.

Clear rules and fee caps for reverse mortgages

The law sets clear rules for reverse mortgages. You do not make payments until the loan is due, and the loan is nonrecourse unless there is fraud or waste. The lender’s origination fee is capped at 2% of your home’s appraised value. If the lender fails to make a required advance and does not fix it, the lender must forfeit the greater of $200 or 1% of the missed advance. Reverse mortgages may ignore some normal mortgage limits, like loan‑to‑value caps and balloon‑payment bans.

Installment sales can charge any rate

For goods or services sold under the Installment Loan and Sales Act, the usual state interest‑rate cap no longer applies. The seller and buyer may agree in writing to any interest rate, subject to other parts of the law. This can raise borrowing costs on retail installment sales.

Installment lenders licensing and definitions

To get an installment loan or sales license, you must apply on the director’s form, provide owner and officer details, pass background checks, post a surety bond, and show audited financials with at least $100,000 in net worth. The law updates definitions like consumer, buyer, and contract terms so coverage is clear. Running a covered business without a license, with intent to evade the law, is a Class I misdemeanor.

Tighter rules for authorized delegates

Before using an authorized delegate, you must have written compliance policies, a signed contract with required terms, and a risk‑based background check. Delegates cannot sub‑delegate money transmission. Delegates must hold transmission funds (net of fees) in trust for the licensee; if they mix funds, the mixed pool is still held in trust up to the proper amount. If your license ends, you must show the director within 5 business days that you notified all delegates, and they must stop acting right away.

Money transmitter fees and background checks

Applying for a money transmitter license costs a nonrefundable $1,500. Renewals cost $750 each year and must be paid no more than 60 days before the license expires. Control persons who lived outside the U.S. in the last 10 years must provide an independent investigative report in English. Licensees must compute average daily money transmission liability each calendar quarter using end-of-day obligations.

New HMO premium tax funds Medicaid

Starting January 1, 2026, the Director of Insurance collects a tax of up to 6% on HMOs’ non‑Medicare premiums written in Nebraska. The tax applies each year to premiums received, to the extent federal law allows. All revenue goes to the Medicaid Access and Quality Fund.

How your installment loan charges work

For equal-payment loans, lenders may precompute charges and add them to principal, but you get a rebate by the actuarial method if you prepay in full after the first payment. The first payment period can be up to 21 days longer (or 11 days shorter), with per‑day charges that are not counted in any prepayment rebate. If a payment is 10+ days late, a default fee up to 5% of that payment is allowed, and a bounced check fee up to $15 may apply. Lenders may charge a deferment fee when they defer all unpaid installments for full months, but must rebate unexpired months if you prepay during deferment. Charges cannot be compounded; they must be a monthly percent of unpaid principal with actual‑day counting. If two or more full payments are over a month late and your contract allows it, the lender can reset the balance after a rebate; if you are overcharged, the lender must refund and can lose the right to collect interest and pay your attorney fees.

Loan rates, fees, and small-loan term cap

Lenders may charge any interest rate allowed under referenced Nebraska statutes. You can be asked to pay many reasonable third‑party costs, but the origination fee is capped at the lesser of $500 or a formula: 7% of the first $2,000 plus 5% of the rest (or only on new money if you had a prior loan in the past 12 months). If your loan’s principal is $3,000 or less, no principal payment can be due more than 36 months after the contract date. These rules set boundaries on rates, fees, and how long small loans can last.

Payments, fees, and refunds on retail credit

You can pay off your retail contract anytime. If you pay in full after the first payment is due, you get an actuarial rebate of unearned finance charges; small and partial-payment rebates are not required. Insurance charges cannot be higher than filed rates, and refunds plus unearned finance charges go to the last payment; you must get a notice within 15 business days after payoff, and liens must be released and the contract returned when you pay in full. The finance charge can be computed using allowed methods, and you and the holder can agree to extensions or deferments; a reasonable flat fee and normal finance charges for the extra time may apply. If you add later purchases, the seller must give a memo with the new combined balance and payments; you can request a payment history and must get a receipt for any cash payment. If the seller takes excess charges, parts of the finance charge and up to $4,000 of principal become uncollectible, and you can sue within one year after the last due date.

Retail installment sales pricing changes

The law overhauls pricing rules for retail installment sales. It repeals some old interest, fee, and insurance rules, but it still caps the time‑price APR at 18% and allows a $10 minimum per contract. It caps the origination fee at $10 in most cases, with higher caps ($100 or $250) for farm or industrial machinery, and requires a 30‑day refund if you cancel. Late fees are limited to the lesser of 5% or $25 after at least 15 days; bounced‑check fees are capped at $15. The law ends rules that let you fold new purchases into old contracts and removes some insurance delivery and refund provisions. Deals that meet the definition of installment sales are no longer treated as rental‑purchase agreements.

Rules for revolving installment loan accounts

The law allows licensed lenders to offer preauthorized installment accounts that let you take advances over time under a written agreement. Card transactions are not treated as preauthorized loans. Your minimum monthly payment cannot be less than 1.5% of the average daily unpaid principal if the balance is over $3,000, or less than 2% if the balance is $3,000 or less. The department can set record‑keeping rules and require a tailored insurance disclosure for these accounts.

Rules for loans secured by your home

When a loan is secured only by real property, and the principal is $7,500 or more and total liens are at most 100% of appraised value, the law does not cap the rate or origination fee. A prepayment penalty is allowed only if stated at closing, you prepay in full within two years, and you do not use a new loan from the same lender; it cannot exceed six months’ interest on 80% of the original principal at the agreed rate. If a new loan pays off an earlier loan from the same lender, that payoff amount is excluded from the origination fee base. Lenders may also take an interest in fixtures and insurance proceeds tied to the property. Certain real‑property loans follow the Residential Mortgage Licensing Act instead of the Installment Act, and lenders do not need a mortgage banker license for those specific loans.

Stronger penalties and borrower refunds for violations

The director can suspend or revoke licenses and issue cease‑and‑desist orders and seek court injunctions or receivers. After a hearing, willful violations can draw fines up to $5,000 per separate violation plus investigation costs. If fines are unpaid, the director can place a lien on Nebraska assets and sue to collect. Certain violations are Class II misdemeanors, and the lender must forfeit and refund all collected interest and charges and pay attorney fees unless it proves a bona fide unintentional error.

Approval and fees to buy a transmitter

You must get the director’s written OK before acquiring control of a licensee. Some transfers are excepted, like proxy voting, inheritances, court appointments, public offerings, and certain internal reorganizations; exempt buyers must still notify the director within 15 days. The director decides within 60 days after the application is complete or the deal is deemed approved, unless the period is extended for good cause. A nonrefundable $1,500 fee is due with the control request. Control persons and key individuals must give fingerprints, background history, and a credit report; fingerprints are waived if you lived outside the U.S. for the last 10 years, and the credit report is waived if you do not have a Social Security number.

Licenses and bonds for installment lenders

Businesses that make or market consumer loans must hold an installment loan license; sales finance companies must hold an installment sales license. Filing fees are $500 for a loan license and $150 for a sales license. You must keep required surety bonds; if your supplemental bond is too low, you have 30 days to raise it or stop operating, and your license can be canceled. If you also hold a mortgage banker license and its bond covers all residential mortgage loans, you do not need the extra supplemental bond. Some financial institutions and limited affiliates remain exempt.

New capital and investment rules for transmitters

Licensees must keep net worth of at least $100,000 or a higher amount based on a tiered share of total assets. The law caps how much can be held in certain investment types and sets limits for receivables from authorized delegates. If you deposit pledged securities with the department, you pay $1.50 for each $1,000 in value at the initial deposit. The law removes the old surety bond rule, removes the trust‑style matching of investments to outstanding instruments, and drops some detailed application prerequisites.

NMLS licensing and deadlines for money transmitters

Money transmitters apply and renew through the NMLS. Applications must include detailed company, control, and delegate information; the director can accept substitutes but cannot waive the nonrefundable application fee. Once marked complete, the director decides within 120 days or may extend for good cause; incomplete files can be closed after 120 days of no response. You pay the reasonable cost of any investigation and the reasonable costs of examinations. Initial licenses end on December 31 (or the next year if approved Nov. 1–Dec. 31). Each year, you file a renewal report listing material changes. Some authorized delegates and exempt persons do not need a separate Nebraska license if they stay within the exemption.

Who must be licensed to send money

The law explains what counts as money transmission in Nebraska and who needs a license. It lists who is exempt, like insured banks, certain payment system operators, and agents of payees that meet strict conditions. You cannot offer, advertise, or provide money transmission without a Nebraska license, and you cannot send money for an unlicensed or non‑exempt party. If you help an unlicensed party, you can be held jointly liable. Licenses cannot be transferred, and Nebraska locks certain federal references to their January 1, 2025 versions for clarity.

More reports and records for transmitters

Licensees must file an audited annual financial statement within 90 days after each fiscal year. They must file two quarterly reports within 45 days after each quarter ends: a condition report and a list of all authorized delegates. Licensees must keep key records for 5 years and make them available within 7 business days. They must report bankruptcies within 1 business day and felony charges or data breaches within 3 business days, and share any resident breach notices with the department. Filing complete federal anti‑money‑laundering reports on time counts for state reporting, the director may use NMLS for filings, and exam materials are confidential public records.

New control and key person rules

You are treated as controlling a licensee if you and certain related holders own or control 25% or more, can pick a majority of key people, or can steer policy. You may ask the director in writing, before a deal, whether your planned stake would count as control. When you add or replace a key person, you must notify the director within 15 days and submit required details within 45 days. Once your notice is complete, the director has up to 90 days to disapprove; otherwise the person is deemed approved, with appeal rights. On request, the director may let you submit some acquisition materials outside NMLS.

Old sales‑finance licensing rules repealed

The law repeals the old sales‑finance licensing framework, including the ban on acting without a license, certain exemptions, branch‑license rules, and set application, bond, and fee requirements. It also deletes related remittance and many listed code sections. Oversight now aligns under the newer Installment Loan and Sales Act.

15-day lapse warning for life insurance

For life or endowment policies issued or delivered on or after January 1, 2026, your insurer must give you at least 15 days’ notice before the policy can lapse for nonpayment. The notice can be by mail or electronic delivery and must go to the owner and any assignee on record. An assignee has the same notice rights as the owner.

Clear cosigner and payoff rights for borrowers

If you are asked to cosign (and are not the borrower’s spouse), the lender must give you a separate written notice and copies of the loan terms before you sign. After you fully repay a loan, the lender must, within 30 days, mark it paid, release any mortgage or lien, and return or cancel notes and assignments. You keep the right to sue a licensee for damages; after a lender gets a court judgment, it may resume contacts. Lenders may offer optional insurance like fire, theft, collision, unemployment, life, or health coverage, but cannot require you to buy insurance to get the loan.

Clearer retail installment contract terms

Your retail installment contract must be written, signed, and given to you. It must show the cash price, down payment, insurance and other add-ons, finance details, and each payment amount and due date, or clearly explain how changing payments are set. Do not sign if it has blanks; the contract must warn you of this and you must get a copy.

Rules for loan add-on insurance

When insurance or a motor club is sold with your loan, lender commissions are not treated as extra loan charges. Premiums and fees can be added to the loan, but they must be bought through licensed providers and cannot be higher than filed or manual rates. If the insurance or service is canceled or adjusted, any refund plus unearned interest must be credited to your loan or paid to you, and you must get a notice within 15 business days. If the lender arranged your policy, you must receive the policy or certificate within 15 days of the loan. If you buy credit life or disability coverage on a preauthorized loan, it must cover the unpaid balance at death or your minimum payments during disability, and charges are figured monthly using the state-set rate.

Sender protections for money transfers

A licensed transmitter must send your money as your agreement says, unless it reasonably suspects fraud or a crime. If you ask in writing, it must refund your money within 10 days unless the money was already sent, you agreed to a longer time, fraud is suspected, or your request lacks needed details. You must get a receipt with key details like names, date, a transaction ID, fees, and taxes. Receipts must be in English and, if used to advertise, also in that other language.

Stronger protections from unfair lending and collections

The law bans abusive debt collection, like threats, lies, obscene language, and calling you at work if your boss says no. Lenders cannot contact people outside your home about your debt, except your spouse, lawyer, another creditor, or a credit bureau, with narrow exceptions. They cannot force you to reaffirm a debt wiped out in bankruptcy to get a new loan. They cannot use misleading ads or take blank-signed wage or security papers, and spouses must consent to wage assignments for married borrowers. Lenders also cannot charge broker fees on loans covered by this act or discriminate on terms based on age, race, sex, disability, or public benefits. The state can stop lenders from hiding rule-breaking by co-locating with another business.

Stronger rights when you borrow

When you get a loan, the lender must give you an English disclosure and a copy of anything you sign. The loan must clearly say you can prepay any time without a penalty. If you ask in writing, the lender must give your payment history and copies of key papers; copies can cost up to $0.50 per page. If you ask in writing, the lender must send written payoff information within 10 business days; a second request within 60 days can cost up to $10. If the lender violates the anti-discrimination rule, you can get $500 to $1,000 in damages plus costs and attorney’s fees, unless the lender fixed a true error within 30 days or proves a bona fide error.

You can prepay installment loans anytime

Lenders must let you pay one or more full installments early during normal business hours. The lender may first apply your payment to any charges due through that date. Prepaying can cut future interest costs.

Clearer health plan costs and rules upfront

Insurers must give people shopping for coverage plain‑language details about benefits and exclusions. They must explain prior‑authorization rules, how to appeal, and your costs for deductibles, coinsurance, and noncovered services. Spoken and written materials must be easy to understand.

Contract-for-deed buyers count as homeowners

If you buy a home under a contract for deed, the law treats you as a homeowner in foreclosure cases. You get the procedural protections homeowners receive in foreclosure.

Payroll firms must give paystubs and reports

Payroll processors must send clients reports that show payroll amounts before deducting funds. They must also make paystubs or similar statements available to employees. This does not apply if the client takes on giving the required notices.

NMLS privacy, sharing, and challenge rights

The department reports residential mortgage violations and enforcement actions to the NMLS. The director must set a process so applicants and licensees can challenge information the department entered in NMLS. NMLS must have privacy, data‑security, and breach‑notice policies, and you can request the state’s contract and NMLS’s latest audited financial report. The director may use NMLS to route fingerprints and records to federal agencies and enter data‑sharing agreements, and can issue rules and orders to carry this out.

Fairer provider networks and credentialing rules

Insurers must let providers appeal exclusion or contracting decisions and get a timely ruling. Providers generally get a chance to try a corrective action plan before termination, unless there is fraud, imminent patient harm, or a government restriction. Insurers must run a formal credentialing process at least yearly and use only quality, access, or economic standards. Insurers also may not exclude providers just because they treat many very sick or high‑cost patients.

More flexibility for sales finance mortgage roles

A sales finance company licensed under the Installment Loan and Sales Act does not need a separate residential mortgage license if it only buys or services installment sales contracts secured by a mobile home or trailer. The law also lets licensed installment loan companies act as or call themselves mortgage bankers if they meet licensing or exemption rules.

Some loans fall outside Installment Act

Certain loans made under a specific statutory subdivision, when not secured by real property, are not covered by the Installment Loan and Sales Act. Those loans may not get the same consumer protections under this act.

Faster responses and exam costs for lenders

The department may examine licensees as often as it decides and can investigate anyone tied to the business. Licensees must respond to investigation notices or inquiries within 21 calendar days. Licensees must pay the costs of examinations. The department can also bill nonlicensed people for investigation costs, due within 30 days.

New licensing fees and filings for lenders

Installment lenders and sales finance companies must use the Nationwide Mortgage Licensing System (NMLS) for licensing and filings. Opening a branch costs $250 for a loan branch or $100 for a sales branch. Annual renewal fees are $250 (loan), $125 (loan branch), $150 (sales), and $100 (sales branch). Moving an office needs 30 days’ NMLS notice and a $150 filing fee; a change of control also needs 30 days’ notice and a $150 fee, and name changes need 30 days’ NMLS notice. Each year, file a sworn annual report by March 1 and any mortgage report of condition on the director’s schedule. NMLS may collect license and processing fees directly.

Stricter exams and data‑sharing for money transmitters

Money transmitters and their authorized delegates must give the Director full access to records in the format and place the Director sets. The Director may share confidential exam information with other agencies that agree in writing to keep it confidential, or when needed to protect the public under public records law.

New rules for preauthorized loan accounts

Lenders must use one of three allowed methods to compute charges on preauthorized loan accounts, and billing cycles must be monthly. The law explains how to count the unpaid balance each day as you borrow and pay. A lender may keep any security interest, including a mortgage, until the account is closed.

Rules for preauthorized loans and credit insurance

On preauthorized loan accounts, lenders cannot compound unpaid charges back into principal, except for limited credit insurance charges. Some listed restrictions in the act do not apply to preauthorized loans. Lenders cannot cancel your credit life or disability insurance for delinquency until a payment is 90+ days late and must advance premiums to keep it active, then charge your account. For any loan, credit life or health insurance cannot exceed what you owe or last past the final due date, and unearned premiums must be refunded or credited when coverage is renewed.

New bond and job rules for loan originators

To get or keep a mortgage loan originator license, you must be covered by the required surety bond. If your employer’s mortgage banker or installment loan company license is canceled, surrendered, expired, revoked, or suspended, your license goes inactive and you cannot originate loans. The department can reactivate your license after you are hired by a licensed firm and you meet all current rules, including bond coverage.

Quick data breach notices to regulators

Licensees must notify the director within three business days after learning of a data breach or unauthorized access involving a Nebraska resident’s personal information. If you must notify residents, you must send the department a copy of that notice at or before the same time. Law enforcement can delay notices if they would harm an investigation, but notices must go out as soon as it is safe.

Faster, clearer licensing for lenders

The department must approve or deny complete license applications with fees and bond within 90 days. Licenses cannot be transferred and the first license runs to the next December 31. The department can deem an application abandoned after 120 days without fixes. Getting a license makes the business subject to Nebraska courts for actions tied to the license. Some specified statutory sections no longer apply to licensees under this act.

New rules for money transfer delegates

The director can suspend or revoke an authorized delegate for violations, fraud, AML crimes, or unsafe practices after a hearing. At the same time, the law removes some old exam, investigation, recordkeeping, and mandatory delegate‑contract requirements, and some delegate duties tied to trust status. This tightens enforcement options while cutting certain formal obligations.

Stronger enforcement and license actions

After a hearing, the director may suspend or revoke a license for causes like fraud, unsafe practices, insolvency, or failure to cooperate. The director may also suspend or revoke a license if the licensee no longer meets new‑license qualifications. A licensee can surrender a license, but ending a license does not erase prior contracts or legal liability. Some earlier suspension and revocation text is removed, and cross‑references for digital asset depository orders are updated.

Stronger oversight and transparency for money transmitters

The director can examine and investigate licensees and delegates and can work with other regulators. You must answer any investigation request within 21 days; each day late is a separate violation. Some license details and fines are public, but supervisory information shared through NMLS stays confidential and cannot be used in private lawsuits unless waived. Delegates must follow the law. The director can use an agent for letters of credit and join multistate processes. Fees and fines are sent to the State Treasurer under state fund rules.

Stronger enforcement against loan fraud and abuses

The department can order violators to stop and, after a hearing, fine up to $5,000 for each act. It is a Class III misdemeanor to make a false statement to get a loan. These tools help deter fraud and protect the lending system.

Old insurance code sections repealed

The law repeals specific insurance code sections (including 44‑502, 44‑4109.01, and a 2025 session law section). Those rules no longer apply. This is a cleanup that changes where some requirements live in the code.

Sponsors & Cosponsors

Sponsor

  • Banking, Commerce and Insurance Committee

    Affiliation unavailable

Cosponsors

There are no cosponsors for this bill.

Roll Call Votes

All Roll Calls

Yes: 291 • No: 0

legislature vote • 5/14/2025

Final Reading

Yes: 49 • No: 0

legislature vote • 4/23/2025

Vote

Yes: 33 • No: 0 • Other: 16

legislature vote • 4/9/2025

Vote

Yes: 38 • No: 0 • Other: 11

legislature vote • 4/9/2025

Vote

Yes: 36 • No: 0 • Other: 13

legislature vote • 4/9/2025

Vote

Yes: 33 • No: 0 • Other: 16

legislature vote • Unknown

Vote

Yes: 36 • No: 0 • Other: 13

legislature vote • Unknown

Vote

Yes: 33 • No: 0 • Other: 16

legislature vote • Unknown

Vote

Yes: 33 • No: 0 • Other: 16

Actions Timeline

  1. Provisions/portions of LB473 amended into LB474 by AM669

    6/6/2025legislature
  2. Provisions/portions of LB278 amended into LB474 by AM669

    6/6/2025legislature
  3. Provisions/portions of LB232 amended into LB474 by AM669

    6/6/2025legislature
  4. Approved by Governor on May 20, 2025

    5/20/2025legislature
  5. Presented to Governor on May 14, 2025

    5/14/2025legislature
  6. President/Speaker signed

    5/14/2025legislature
  7. Passed on Final Reading 49-0-0

    5/14/2025legislature
  8. Dispensing of reading at large approved

    5/14/2025legislature
  9. Enrollment and Review ST27 recorded

    4/29/2025legislature
  10. Enrollment and Review ST27 filed

    4/29/2025legislature
  11. Placed on Final Reading with ST27

    4/29/2025legislature
  12. Advanced to Enrollment and Review for Engrossment

    4/23/2025legislature
  13. Jacobson AM1080 adopted

    4/23/2025legislature
  14. Jacobson AM1080 filed

    4/23/2025legislature
  15. Jacobson AM1041 withdrawn

    4/23/2025legislature
  16. Enrollment and Review ER48 adopted

    4/23/2025legislature
  17. Enrollment and Review ER48 filed

    4/22/2025legislature
  18. Placed on Select File with ER48

    4/22/2025legislature
  19. Jacobson AM1041 filed

    4/15/2025legislature
  20. Advanced to Enrollment and Review Initial

    4/9/2025legislature
  21. Banking, Commerce and Insurance AM307 adopted

    4/9/2025legislature
  22. Jacobson AM669 adopted

    4/9/2025legislature
  23. Jacobson AM669 to AM307 filed

    3/31/2025legislature
  24. Banking, Commerce and Insurance priority bill

    3/13/2025legislature
  25. Banking, Commerce and Insurance AM307 filed

    3/10/2025legislature

Bill Text

  • Introduced

    1/21/2025

  • Enrolled / Slip Law

  • Final / Enacted

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