Nebraska
45-902
Terms, defined.

For purposes of the Delayed Deposit Services
Licensing Act:
(1) Check means any check, draft, or other instrument
for the payment of money;
(2) Delayed deposit services business means any person
who for a fee (a) accepts a check dated subsequent to the date it
was written or (b) accepts a check dated on the date it was
written and holds the check for a period of days prior to deposit
or presentment pursuant to an agreement with or any
representation made to the maker of the check, whether express or
implied;
(3) Director means the Director of Banking and Finance
or his or her designee;
(4) Financial institution has the same meaning as in
section 8-101;
(5) Licensee means any person licensed under the
Delayed Deposit Services Licensing Act; and
(6) Person means an individual, proprietorship,
association, joint venture, joint stock company, partnership,
limited partnership, limited liability company, business
corporation, nonprofit corporation, or any group of individuals
however organized.

Source:
Laws 1994, LB 967, § 2; Laws 2001, LB 53, § 103; Laws 2003, LB 217, § 37.
Operative date August 31, 2003.

45-904
License required.

No person shall operate a delayed deposit
services business in this state unless the person is licensed by
the director as provided in the Delayed Deposit Services
Licensing Act.

Source:
Laws 1994, LB 967, § 4.

45-907
Application; notice of filing; publication; hearing;
investigation; costs.

When an application for a delayed deposit
services business license has been accepted by the director as
substantially complete, notice of the filing of the application
shall be published by the director for three successive weeks in
a legal newspaper published in or of general circulation in the
county where the applicant proposes to operate the delayed
deposit services business. The costs of the publication shall be
paid by the applicant. A public hearing shall be held on each
application. The date for hearing shall not be less than thirty
days after the last publication. The costs of the hearing shall
be paid by the applicant. The director may investigate the
propriety of the issuance of a license to the applicant. The
costs of such investigation shall be paid by the applicant.
45-908
License; issuance; conditions.

The director shall issue a license to an
applicant, if, after public hearing and any investigation of the
applicant, the director determines that:
(1) The experience, character, and general fitness of
the applicant and its officers, directors, shareholders,
partners, or members are such as to warrant the belief that the
applicant will conduct the delayed deposit services business
honestly, fairly, and efficiently;
(2) The applicant and its officers, directors,
shareholders, partners, or members have not been convicted of a
felony in this state or any other jurisdiction which would
indicate moral turpitude on the part of the applicant;
(3) The applicant is financially responsible and will
conduct the delayed deposit services business pursuant to the
Delayed Deposit Services Licensing Act; and
(4) The applicant has assets of at least twenty-five
thousand dollars available for operating the delayed deposit
services business.
45-917
Licensee; written notice; contents; fees, charges, and penalties;
posting required.

(1) Every licensee shall, at the time any
delayed deposit services transaction is made, give to the maker
of the check, or if there are two or more makers, to one of them,
a notice written in plain English disclosing:
(a) The fee to be charged for the transaction;
(b) The date on which the check will be deposited or
presented for negotiation; and
(c) Any penalty not to exceed fifteen dollars which the
licensee will charge if the check is not negotiable on the date
agreed upon.
(2) In addition to the notice required by subsection
(1) of this section, every licensee shall conspicuously display a
schedule of all fees, charges, and penalties for all services
provided by the licensee. Such notice shall be posted at every
office of the licensee.