Title 44, Trade and Commerce

In this article, unless the context otherwise requires: 1. "Business records" means records of any purchase, trade, barter or other transaction that involves the receipt of scrap metals and that is made in the ordinary course of business at or near the time of the purchase, trade…

All law enforcement in this state shall be registered on a free theft notification website that allows law enforcement to send detailed descriptions of stolen items to recycling operations and other law enforcement within at least a one hundred mile radius of a theft. The website…

A. A person must register pursuant to this article to conduct business as a scrap metal dealer in this state. B. A person shall submit information for registration to the department in a form prescribed by the department. The information shall include all of the following: 1. The…

A. A scrap metal dealer must provide the information prescribed by section 44-1641.03 to the department every two years. B. The department shall charge and collect fees as determined by the director. It is the intent of the legislature that fees charged and collected by the depar…

A. A registered scrap metal dealer must keep the following at each place of business: 1. Proof of registration that is issued by the department. 2. A statement indicating that the scrap metal dealer has registered on a free theft notification website that allows law enforcement t…

A. Every scrap metal dealer shall keep on the business premises a book or other similar record legibly printed or written in ink, in the English language of each transaction involving the receipt of scrap metal. The record of each receipt of scrap metal shall include the followin…

A. A scrap metal dealer shall not knowingly purchase the following types of scrap metal: 1. Metal manhole covers that are used to cover street or alley service personnel access entrances to municipal sewers and storm drains. 2. Brass or bronze valves or fittings that are commonly…

Notwithstanding any other law, only title 28 governs the purchase by a scrap metal dealer of a vehicle as defined in section 28-101 solely for the purpose of processing the vehicle into a scrap vehicle or into prepared grades of scrap metal.

A scrap metal dealer who fails in any respect to keep a book or similar record prescribed by section 44-1642 or to set out in a book or similar record any matter this article requires or who refuses, upon demand of any peace officer of this state, to exhibit a book or similar rec…

A. Within twenty-four hours after receiving scrap metals, except from an industrial account or a scrap metal dealer, for which a record is required to be kept by section 44-1642, a scrap metal dealer shall electronically submit to the department a record of the receipt of the scr…

This article applies throughout this state and counties, cities and towns may not enact or enforce ordinances, rules or regulations that conflict with this article. Counties, cities and towns may enact ordinances, rules or regulations that regulate scrap metal dealers and that ar…

A. A scrap metal dealer shall not purchase or receive metallic wire that was burned in whole or in part to remove insulation unless the scrap metal dealer receives from the scrap metal seller written evidence identifying the person who delivers the wire to the scrap metal dealer …

The department of public safety shall design and make available a seller and transaction form that may be used by a scrap metal dealer who must report pursuant to section 44-1644.

A. The state legislature determines that the registration of scrap metal dealers is a matter of statewide concern. The power to register scrap metal dealers is preempted by this state. B. Sections 9-500.38 and 11-269.16 do not affect a city's, town's or county's power to enforce …

In this article, unless the context otherwise requires: 1. "Bucket shop" means any place wherein dealing in futures is carried on as defined in this section. 2. "Futures," "dealing in futures," and "future contracts" mean: (a) A sale or purchase or contract to sell or offer to se…

A person who carries on or conducts a bucket shop is guilty of a class 2 misdemeanor.

An owner or person managing or controlling property who knowingly rents or leases such property to be used as a bucket shop, or knowingly permits the property to be so used, is guilty of a class 2 misdemeanor.

A telegraph or telephone company or any agent thereof which knowingly permits a telegraph or telephone wire or instrument to remain in a bucket shop or knowingly permits the wires, instruments or equipment of the telegraph or telephone company to be used by a person operating a b…

A. A person who makes or offers to make for himself a future contract is guilty of a class 3 misdemeanor. B. It may be shown in defense of a prosecution under this section that the transaction out of which the prosecution arose was a "hedging" contract between parties in this sta…

A person who acts or offers to act as the agent or broker of any person in making or offering to make a future contract is guilty of a class 2 misdemeanor.

If in a prosecution it is a material issue whether or not the rules, regulations, by-laws or customs of an exchange or board of trade on, by or through which a contract or offer for future delivery was made, permitted such contract or transaction to be settled or closed by delive…

In a prosecution under this article the burden shall be on the defendant to prove that the subject matter contracted for or offered to be contracted for was in fact delivered in accordance with the terms of the contract or that it was the bona fide intention of the defendant at t…

The habitual, actual, threatened or contemplated use of any premises, place or building, telegraph or telephone wires or instruments in violation of the prohibitions imposed on bucket shops by this article may be enjoined by the state or any citizen thereof.

No person is exempt from testifying concerning any offense set forth or prohibited by this article on the ground that such testimony may incriminate him, but no prosecution may afterwards be had against him for any offense concerning which he testified.

In this article, unless the context otherwise requires: 1. "Auction" means the sale of jewelry at either private or public sale, upon oral or written bids, to the highest bidder, and includes all such sales by whatever name called. 2. "Jewelry" includes gold, platinum, silver, go…

It is unlawful to sell, offer for sale, or attempt to sell at auction any jewelry without a license as provided in this article, except as exempted by section 44-1685.

A. Not less than thirty days nor more than sixty days prior to the date of a proposed auction, any person desiring to sell at auction any jewelry shall apply to the board of supervisors of the county in which the auction is to be conducted for a license to conduct the auction. Th…

The application shall have attached thereto a detailed inventory listing each article to be auctioned, together with an inventory number for each article to be auctioned, and a detailed itemization of the quantity, quality, kind or class of each article to be sold and the wholesa…

The applicant shall verify under oath or affirmation that all the data and statements in the application and inventory are true and correct.

A. In addition to the inventory, the applicant shall submit, together with the application, a fee of two hundred dollars, and shall file with the county board of supervisors a bond in a form approved by the board, executed by a surety company authorized to do business in this sta…

The board of supervisors shall issue a license to conduct an auction of jewelry if it finds the application, inventory, fee and bond are in order, and further finds that the applicant has not been convicted of violating any provision of this article within a period of six years i…

A. No article shall be sold at the auction for which the license was obtained unless there is securely attached to the article sold a tag, card or label bearing accurate reference to the written inventory prescribed in section 44-1674, upon which shall be plainly written or print…

No article shall be listed in the inventory and any supplement thereto or sold at the auction which was purchased or stocked by the applicant within sixty days immediately preceding the date of application.

At an auction held under the provisions of this article, the licensee and his employees and agents shall represent to the public the true manufacture, quality and kind of articles to be sold. Upon request of any person, a copy of the inventory shall be shown.

The licensee shall cause to be displayed in a prominent place on the premises where the auction is being conducted a notice that all merchandise may be returned, if it is at the time in the same condition as when purchased, for the amount paid, if returned within forty-eight hour…

The board of supervisors may suspend and restore licenses as they may deem necessary or reasonable to insure compliance with the provisions of this article. Appeal from a decision of the board of supervisors may be made by the licensee or any aggrieved person within ten days from…

The licensee shall be responsible for compliance with the provisions of this article whether he is present at or absent from the auction.

No article shall be sold at auction which has been falsely described or concerning which any false statement has been made by the licensee or his employee or agent.

A. This article shall not apply to any sale of second-hand jewelry, judicial sales or government sales, sales by an executor, administrator, guardian, receiver, or trustee in bankruptcy authorized by any court of competent jurisdiction, or any other sale authorized by law. B. A l…

Violation of any provision of this article is a class 2 misdemeanor.

In this chapter, unless the context otherwise requires: 1. "Consumer" means an individual. 2. "Consumer reporting agency" means any person which, for monetary fees, dues, or on a cooperative nonprofit basis, regularly engages in whole or in part in the practice of assembling or e…

A. Except as provided in section 44-1693, a consumer reporting agency may furnish a consumer report only under the following circumstances and no other: 1. In response to the order of a court having jurisdiction to issue such an order. 2. In accordance with the written instructio…

A. Upon furnishing adequate credentials by a consumer as to his identity: 1. A creditor who denies credit to any consumer shall disclose to such consumer the name and address of any consumer reporting agency which has furnished such creditor with a consumer report on such consume…

A. If any consumer disputes the accuracy of any item in the consumer's records with any consumer reporting agency, the consumer may give notice in writing to the consumer reporting agency specifying in what manner the report is inaccurate and the consumer reporting agency shall r…

A. A consumer reporting agency or information source is not liable to any consumer resulting from: 1. Reporting inaccurate information corrected in compliance with sections 44-1694 and 44-1698 except as provided in this section. 2. Failing to lift a security freeze pursuant to se…

A. Any person who requests or obtains a consumer report from a consumer reporting agency under false pretenses or furnishes a consumer report to any person except as prescribed by this article or any employee of a consumer reporting agency who knowingly falsifies a consumer repor…