Chapter 45 — INTEREST, LOANS, AND DEBT
464 sections in this chapter.
Neb. Rev. Stat. § 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.
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(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 p…
Neb. Rev. Stat. § 45-1105 Guaranteed asset protection waiver; disclosures required.
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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 purch…
Neb. Rev. Stat. § 45-1106 Guaranteed asset protection waiver agreement; authorized terms; cancellation or early termination of finance agreement; refund; calculation; disposition.
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(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 borro…
Neb. Rev. Stat. § 45-1107 Modification of guaranteed asset protection waiver; limitations.
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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) t…
Neb. Rev. Stat. § 45-111 Usury; civil proceedings; testimony of lender compellable.
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Any person charged with taking illegal interest may be required to answer touching the same, on oath, in any civil proceeding.
Neb. Rev. Stat. § 45-112 Usury; relief; tender of principal unnecessary.
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Relief to the complaining party in case of an usurious loan may be given without payment or tender by him of the principal sum.
Neb. Rev. Stat. § 45-113 Usury; witness; testimony not evidence in criminal proceeding, when.
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Any officer or agent of a person or a corporation, whether interested or not, may be summoned as a witness in any action for usury against such person or corporation, and required to disclose all the facts of the case, but the testimony of such witness, or the answer of the party…
Transferred to section 45-1002.
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[Repealed or reserved.]
Transferred to section 45-1003.
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[Repealed or reserved.]
Transferred to section 45-1004.
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[Repealed or reserved.]
Transferred to section 45-1005.
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[Repealed or reserved.]
Transferred to section 45-1006.
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[Repealed or reserved.]
Transferred to section 45-1007.
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[Repealed or reserved.]
Transferred to section 45-1008.
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[Repealed or reserved.]
Neb. Rev. Stat. § 45-1201 Act, how cited.
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Sections 45-1201 to 45-1211 shall be known and may be cited as the Nebraska Construction Prompt Pay Act.
Neb. Rev. Stat. § 45-1202 Terms, defined.
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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 demo…
Neb. Rev. Stat. § 45-1203 Contractor; payment; payment request; subcontractor; payment; retainage; payment.
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(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 su…
Neb. Rev. Stat. § 45-1204 Withholdings; authorized.
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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 …
Neb. Rev. Stat. § 45-1205 Delay in payment; additional interest payment.
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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 t…
Neb. Rev. Stat. § 45-1206 Other remedies available.
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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.
Neb. Rev. Stat. § 45-1207 Residential real property; applicability of act.
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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.
Neb. Rev. Stat. § 45-1208 Applicability to contracts entered into on or after October 1, 2010.
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The Nebraska Construction Prompt Pay Act applies to contracts or subcontracts entered into on or after October 1, 2010.
Neb. Rev. Stat. § 45-1209 Contract provisions; void.
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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…
Transferred to section 45-1009.
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[Repealed or reserved.]
Neb. Rev. Stat. § 45-1210 Construction performed for political subdivision; liquidated or unliquidated claim; procedure; civil action authorized.
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(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 th…
Neb. Rev. Stat. § 45-1211 Violation of act; action for recovery; attorney's fees and costs.
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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 p…
Transferred to section 45-1010.
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[Repealed or reserved.]
Transferred to section 45-1011.
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[Repealed or reserved.]
Transferred to section 45-1012.
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[Repealed or reserved.]
Repealed. Laws 1983, LB 447, § 104.
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[Repealed or reserved.]
Transferred to section 45-1013.
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[Repealed or reserved.]
Transferred to section 45-1014.
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[Repealed or reserved.]
Transferred to section 45-1015.
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[Repealed or reserved.]
Transferred to section 45-1016.
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[Repealed or reserved.]
Transferred to section 45-1017.
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[Repealed or reserved.]
Neb. Rev. Stat. § 45-1301 Act, how cited.
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Sections 45-1301 to 45-1307 shall be known and may be cited as the Medical Debt Relief Act.
Neb. Rev. Stat. § 45-1302 Terms, defined.
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For purposes of the Medical Debt Relief Act: (1) Bad debt expense means the cost of care for which a health care provider expected payment from the patient or a third-party payor, but which the health care provider subsequently determines to be uncollectible; (2) Eligible residen…
Neb. Rev. Stat. § 45-1303 Medical Debt Relief Program; established; State Treasurer; medical debt relief coordinator; duties.
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(1) The Medical Debt Relief Program is established for the purpose of discharging medical debt of eligible residents by contracting with a medical debt relief coordinator as described in subsection (3) of this section. The State Treasurer shall administer the program. (2) Money a…
Neb. Rev. Stat. § 45-1304 State Treasurer; report; contents.
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(1) On or before October 1, 2025, and on or before October 1 of each year thereafter for as long as medical debt relief coordinators are fulfilling their contractual obligations under the Medical Debt Relief Act, the State Treasurer shall submit an annual report regarding the pro…
Neb. Rev. Stat. § 45-1305 Discharge of medical debt; contributions; how treated.
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(1) The amount of interest and principal balance of medical debt discharged under the program shall not be considered income for income tax purposes as provided in section 77-2716. (2) Contributions to the Medical Debt Relief Fund made by any private individual or private entity …
Neb. Rev. Stat. § 45-1306 Medical Debt Relief Fund; created; use; investment.
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The Medical Debt Relief Fund is created. The fund shall be administered by the State Treasurer and shall be used to carry out the Medical Debt Relief Act. The fund shall consist of money transferred to the fund by the Legislature and money donated as gifts, bequests, or other con…
Neb. Rev. Stat. § 45-1307 Rules and regulations.
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The State Treasurer may adopt and promulgate rules and regulations to carry out the Medical Debt Relief Act.
Transferred to section 45-1018.
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[Repealed or reserved.]
Transferred to section 45-1019.
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[Repealed or reserved.]
Transferred to section 45-1020.
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[Repealed or reserved.]
Transferred to section 45-1021.
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[Repealed or reserved.]
Transferred to section 45-1022.
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[Repealed or reserved.]
Transferred to section 45-1023.
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[Repealed or reserved.]
Transferred to section 45-1024.
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[Repealed or reserved.]
Transferred to section 45-1025.
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[Repealed or reserved.]