Title 44 — Trade and Commerce

A waiver by the buyer of the provisions of this article is deemed contrary to public policy and is void and unenforceable.

A. The attorney general or county attorney shall have the power to enforce the criminal provisions of this article. B. An act or practice in violation of this article constitutes an unlawful practice under section 44-1522. The attorney general may investigate and take appropriate…

In this article, unless the context otherwise requires: 1. "Commission" means: (a) Compensation accruing to a sales representative for payment by a principal the rate of which is expressed as a percentage of the dollar amount of orders or sales. (b) Any other method of compensati…

A. The sales representative and the principal shall enter into a written contract. The contract shall set forth the method by which the sales representative's commission is to be computed and paid. B. The principal shall provide each sales representative with a signed copy of the…

A. If an agreement of services is terminated for any reason both of the following apply: 1. All the commissions due through the time of termination shall be paid to the sales representative within a period of not to exceed thirty days after termination. 2. All the commissions tha…

If a principal makes a revocable offer of a commission to a sales representative, the sales representative is entitled to the commission agreed on if all of the following apply: 1. The principal revokes the offer of commission and the sales representative establishes that the rev…

A principal who establishes a business relationship with a sales representative to solicit orders for products or services in this state is doing business in this state for purposes of jurisdiction. A provision in a contract between a sales representative and a principal that pur…

This article does not apply to any of the following: 1. An individual or business entity engaged in providing insurance pursuant to title 20. 2. A bank, trust company, savings and loan association, credit union, consumer lender or financial institution organized, chartered or hol…

A. If a person, whose principal place of business is located in a state other than this state and who has not appointed a statutory agent or maintained an office in this state for service of process, engages in servicing a residential loan, the person is deemed to have consented …

In this chapter, unless the context otherwise requires: 1. "Clinically ill" means an illness that is apparent to a veterinarian based on the veterinarian's observation, examination or testing of an animal or on a review of the animal's medical records. 2. "Nonelective surgical pr…

A. A veterinarian who is licensed pursuant to title 32, chapter 21 shall examine all cats and dogs that are received by a pet dealer before the cat or dog is placed for sale. B. If the veterinarian determines that a cat or dog is afflicted with a contagious disease, the cat or do…

A. At the time of sale, each pet dealer shall give the purchaser of a cat or dog a written statement that contains the following information: 1. The date of the animal's birth, if known, the state in which the animal was born, if known, and the date the pet dealer received the an…

A. A pet dealer shall maintain a written record on the health, status and disposition of each cat and dog at the time of sale for at least one year after the cat or dog is sold or as otherwise provided by law. B. The records shall contain all of the information that is required b…

A. A pet dealer shall do the following: 1. Maintain facilities in which cats or dogs are housed in a sanitary condition. 2. Provide cats or dogs with potable water and adequate nutrition. 3. Provide adequate space that is appropriate to the age, size, weight, species and breed of…

A. A cat or dog that is purchased from a pet dealer is considered to be unfit for sale if either of the following applies: 1. Within fifteen days after the purchaser takes possession of the animal, a veterinarian who is licensed pursuant to title 32, chapter 21, states in writing…

A. If a pet dealer contests a demand for remedies, the pet dealer may require the purchaser to produce the cat or dog for examination by a veterinarian who is licensed pursuant to title 32, chapter 21 unless the cat or dog has died. The pet dealer shall pay the costs of examinati…

A. It is a rebuttable presumption that an illness or a congenital or hereditary defect existed at the time of sale if the cat or dog dies within fifteen days after the purchaser takes possession of the cat or dog. B. A finding by a veterinarian who is licensed pursuant to title 3…

A. Except as provided in subsection B or C of this section, a pet dealer who violates this article is subject to a civil penalty of not more than one thousand dollars per violation. B. In an action brought by a city, town or county to enforce an ordinance against a pet store or p…

A. This article does not limit the rights or remedies that are otherwise available to consumers and does not prevent the purchaser and the pet dealer from agreeing on additional terms and conditions that are not inconsistent with this article. B. A contract or agreement under whi…

1. The person is not currently licensed by the United States department of agriculture under the animal welfare act (7 United States Code sections 2131 through 2159). 2. Within two years before obtaining the dog or cat the person commits a direct violation of any of the pet deale…

[Repealed or reserved.]

A. A person offering caskets for sale to the public shall provide accurate price information to potential purchasers of caskets as follows: 1. The person offering caskets for sale shall provide accurate casket retail price information to any person who telephones for casket price…

In this article, unless the context otherwise requires: 1. "Business of shopping cart retrieval" means searching for, gathering and restoring possession to the owner or the owner's agent, for compensation or in expectation of compensation, of shopping carts located outside the pr…

A. A person shall not do any of the following with the intent to temporarily or permanently deprive the owner or retailer of possession of a shopping cart, if the shopping cart has a permanently affixed sign as provided in subsection B: 1. Remove a shopping cart from the premises…

A. The legislature finds that the retrieval by local government agencies of shopping carts specified in this section is in need of uniform statewide regulation and constitutes a matter of statewide concern that shall be governed solely by this section. B. A shopping cart that has…

A. A person who engages in the business of shopping cart retrieval shall retain records showing written authorization from the cart's owner, or an agent of the owner, to retrieve the cart and to be in possession of the carts retrieved. B. A copy of the record showing written auth…

This article does not invalidate an ordinance of, or shall not be construed to prohibit the adoption of an ordinance by a city, town or county that regulates or prohibits the removal of shopping carts from the premises or parking areas of a retail establishment except to the exte…

A. A person who violates any provision of this article is guilty of a class 3 misdemeanor. B. This article is not intended to preclude the application of any other laws relating to prosecution for a criminal offense.

A. A person in the business of renting heavy equipment property located in this state shall include in the rental agreement a one and one-half per cent surcharge of the gross rental receipts for any item of heavy equipment rented by a customer. The total amount of the surcharge t…

A. A person shall not reference the trade name or trademark of a lender or a trade name or trademark confusingly similar to that of a lender in a solicitation for the offering of services or products without the consent of the lender unless the solicitation clearly and conspicuou…

In this article, unless the context otherwise requires, "amusement ride": 1. Means a device or a combination of devices or elements that carry, convey or direct a person over or through a fixed or restricted course or in a defined area for the primary purpose of public amusement …

A. Municipalities and counties may: 1. Administer and enforce this article for amusement rides in their respective jurisdictions. 2. Establish reasonable and necessary fees to administer and enforce this article. The fees shall not exceed fees charged for business licenses or tem…

A. An amusement ride owner or operator shall: 1. Have the amusement ride inspected at least once a year by an insurer, a person with whom the insurer has contracted or an amusement ride inspector provided by a municipality or county who is experienced and educated in amusement ri…

A. A municipal or county peace officer or enforcement official may determine compliance with this article, may prohibit the operation of any amusement ride that is not in compliance with this article and may institute an action in a court of competent jurisdiction to enforce this…

A. In a county with a population of eight hundred thousand persons or more, a person commits the unlawful public sale of animals by knowingly selling an animal on: 1. Any public highway, street or park or any public property adjacent to a public highway, street or park. 2. Any co…

A. A person who is in the business of recycling, shredding, reselling or destroying plastic or wood bulk merchandise containers shall not purchase five or more plastic bulk merchandise containers that are marked with a company name or logo or ten or more wood bulk merchandise con…

In this article, unless the context otherwise requires: 1. "Direct primary care agreement" means a contract between a primary care provider and an individual patient or the patient's legal representative in which the primary care provider agrees to provide primary care services t…

A direct primary care agreement shall meet all of the following requirements: 1. Be in writing. 2. Be signed by the primary care provider or an agent of the primary care provider and the individual patient or the patient's legal representative. A copy of the agreement shall be pr…

A. A direct primary care provider may not decline to accept a new direct primary care patient or discontinue care to an existing patient solely because of the patient's health status. A direct primary care provider may not charge different fees for comparable services based on a …

A. A direct primary care agreement may not require more than twelve months of the periodic fee to be paid in advance. On discontinuing the agreement all payments prepaid for months following termination of the agreement shall be returned to the patient. B. A direct primary care a…

A direct primary care agreement for dental services is limited to services provided within a single professional practice and may not include services offered by dentists in other practice entities.

A direct primary care agreement for medical or dental services does not constitute the transaction of insurance business or a health care services organization in this state for the purposes of regulation under title 20.

In this chapter and chapter 13 of this title, unless the context otherwise requires: 1. "Blind pool offering" means an offering in which either: (a) The offering materials do not describe specific operational plans. (b) Eighty percent or more of the net offering proceeds are not …

A. The commission shall appoint a director of securities, subject to removal at the pleasure of the commission, at compensation as determined pursuant to section 38-611, who shall, subject to the authority and under the supervision of the commission, be the administrator of the d…

The commission shall appoint an experienced assistant to the director of securities whose compensation shall be as determined pursuant to section 38-611 to assist in the proper discharge of the duties imposed upon the securities division.

A. The director, with the approval of the commission, may employ from time to time examiners, investigators who are commissioned peace officers, clerical employees and other officers and employees necessary for the administration of this chapter, and regulatory officers and emplo…

The director, and any person under the director's supervision shall be paid, in addition to that person's regular compensation, the transportation expense, board, lodging and other necessary traveling expenses actually incurred in the performance of that person's duties. Travelin…

The director shall cooperate with the administrators of the securities laws of other states and of the United States with a view to achieving maximum uniformity in the interpretation and enforcement of like provisions of the laws administered by them.

A. The commission may from time to time make, amend and rescind rules and regulations reasonably necessary to carry out the provisions of this chapter. B. The commission may from time to time in its discretion delegate such authority to the director of securities as is convenient…

The commission, the director or other agent or agents designated by the commission may make such public or private investigations within or outside of this state as the commission deems necessary to determine whether any person has violated or is about to violate any provisions o…