Chapter 69 — PERSONAL PROPERTY
444 sections in this chapter.
Neb. Rev. Stat. § 69-1702 Nonconforming advertising sign; conformance required; when.
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If a nonconforming advertising sign, display, or device is located on premises leased or owned for the purpose of conducting a business or on commercial or industrial premises leased for the purpose of sign erection, such sign, display, or device shall be required to conform to e…
Neb. Rev. Stat. § 69-1801 Act, how cited.
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Sections 69-1801 to 69-1808 shall be known and may be cited as the American Indian Arts and Crafts Sales Act.
Neb. Rev. Stat. § 69-1802 Act, purpose.
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The purpose of the American Indian Arts and Crafts Sales Act is protection of the consumer and protection of American Indian craftpersons from false representation in the offering for sale, sale, trade, or purchase of authentic American Indian arts and crafts and natural and unna…
Neb. Rev. Stat. § 69-1803 Terms, defined.
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As used in the American Indian Arts and Crafts Sales Act, unless the context otherwise requires: (1) American Indian shall mean any person of at least one-quarter American Indian blood who is enrolled or is a lineal descendant of an American Indian enrolled upon enrollment listin…
Neb. Rev. Stat. § 69-1804 Manufacturer; provide information.
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Any person engaged in manufacturing or producing American Indian arts and crafts shall provide accurate information to wholesale and retail sellers concerning the methods and materials used in manufacturing and producing such arts and crafts.
Neb. Rev. Stat. § 69-1805 Supplier of turquoise; provide information.
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Any person engaged in supplying natural turquoise, unnatural turquoise, or both for use in the manufacture or production of American Indian arts and crafts or for sale to consumers shall provide accurate information concerning the source and quality of the turquoise being supplie…
Neb. Rev. Stat. § 69-1806 Sellers; duties.
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Any person selling or offering for sale to consumers any American Indian arts and crafts shall make inquiry of manufacturers and producers of such arts and crafts concerning the methods and materials used in the manufacture and production of such arts and crafts for the purpose o…
Neb. Rev. Stat. § 69-1807 Prohibited acts.
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It shall be unlawful for any person engaged in the manufacture, production, wholesale selling, or retail selling of American Indian arts and crafts to: (1) Sell or offer for sale any products as being authentic American Indian arts and crafts unless such products are made in acco…
Neb. Rev. Stat. § 69-1808 Violations; penalty.
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Any person who violates any provision of the American Indian Arts and Crafts Sales Act shall be guilty of a Class IV misdemeanor.
Neb. Rev. Stat. § 69-1901 Legislative intent.
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The Legislature hereby finds that the state prohibits the use of smokeless tobacco products by minors and the furnishing of smokeless tobacco products to minors and that the enforcement of an age-related restriction on the promotional distribution of smokeless tobacco products is…
Neb. Rev. Stat. § 69-1902 Terms, defined.
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For purposes of sections 69-1901 to 69-1904: (1) Distribute shall mean to give smokeless tobacco products to the general public at no cost or at nominal cost or to give coupons or rebate offers with the products; and (2) Smokeless tobacco product shall mean (a) loose tobacco or a…
Neb. Rev. Stat. § 69-1903 Distribution for promotional purposes prohibited.
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(1) Manufacturers, wholesalers, or retailers, or their representatives, of smokeless tobacco products shall not distribute for promotional purposes. (2) Evidence of distribution of smokeless tobacco products to the general public shall be prima facie evidence of distribution for …
Neb. Rev. Stat. § 69-1904 Enforcement; penalty.
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(1) The Attorney General shall apply for an injunction in the district court in the county in which any violation of section 69-1903 occurs to enjoin the defendant from engaging in any practice which violates such section. Notice shall be given by certified mail to the defendant …
Neb. Rev. Stat. § 69-2001 Act, how cited.
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Sections 69-2001 to 69-2012 shall be known and may be cited as the Degradable Products Act.
Neb. Rev. Stat. § 69-2002 Definitions, where found.
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For purposes of the Degradable Products Act, the definitions found in sections 69-2003 to 69-2007 shall be used.
Neb. Rev. Stat. § 69-2003 Biodegradable, defined.
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Biodegradable shall mean degradable through a process by which fungi or bacteria secrete enzymes to convert a complex molecular structure to simple gases and organic compounds.
Neb. Rev. Stat. § 69-2004 Degradable, defined.
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Degradable shall mean capable of decomposing or deteriorating through a natural chemical process into harmless components after exposure to natural elements for not more than one year.
Neb. Rev. Stat. § 69-2005 Photodegradable, defined.
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Photodegradable shall mean degradable through a process in which ultraviolet radiation in sunlight causes a chemical change in a material.
Neb. Rev. Stat. § 69-2006 Recyclable, defined.
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Recyclable shall mean suitable for any process of separating, cleaning, treating, and reconstituting waste or other discarded materials for the purpose of recovering or reusing the resources contained therein.
Neb. Rev. Stat. § 69-2007 Retail, defined.
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Retail shall mean sale for use or consumption and not for resale in any form.
Neb. Rev. Stat. § 69-2008 Beverage container connectors; requirements.
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On and after January 1, 1991, a person shall not sell or offer for sale at retail any beverage for human consumption if the beverage container is connected to another beverage container by a device which is constructed of a material which is not biodegradable, photodegradable, or…
Neb. Rev. Stat. § 69-2009 Garbage bags; requirements.
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On and after January 1, 1992, a person shall not sell or offer for sale at retail any bag used for or intended to be used for grass clippings, garbage, yard waste, or leaves which is constructed of a material which is not biodegradable, photodegradable, or recyclable.
Neb. Rev. Stat. § 69-201 Pawnbroker, defined.
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Any person engaged in the business of lending money upon chattel property for security and requiring possession of the property so mortgaged on condition of returning the same upon payment of a stipulated amount of money, or purchasing property on condition of selling it back at …
Neb. Rev. Stat. § 69-2010 Grocery or shopping bags; requirements.
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On and after January 1, 1992, a person shall not sell or offer for sale at retail any bag used for or intended to be used for groceries or shopping which is constructed of a material which is not biodegradable, photodegradable, or recyclable.
Neb. Rev. Stat. § 69-2011 Disposable diapers; requirements; Director of Water, Energy, and Environment; duties.
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On and after October 1, 1993, a person shall not sell or offer for sale at retail any disposable diaper which is constructed of a material which is not biodegradable or photodegradable if the Director of Water, Energy, and Environment determines that biodegradable or photodegrada…
Neb. Rev. Stat. § 69-2012 Violations; penalty.
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Any person violating sections 69-2008 to 69-2011 shall be guilty of a Class III misdemeanor.
Neb. Rev. Stat. § 69-202 Permit required; fees; application, contents; issuance; bond.
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Every person engaged in the business of pawnbroking shall pay to the city or village treasurer for a permit to carry on business the sum of one hundred dollars per year or fifty dollars for every six months, in metropolitan cities, but in all other cities or villages the sum of f…
Neb. Rev. Stat. § 69-203 Permit; business location; prohibited activities.
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No person shall be allowed to do business in more than one location under one permit. Each permit shall state the place where such business is to be carried on, and shall not be assigned. Goods, wares, and merchandise shall be kept or stored only at those locations specifically l…
Neb. Rev. Stat. § 69-204 Records required; inspection; stolen property; procedures.
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All persons who shall be engaged in the business of pawnbrokers, dealers in secondhand goods, or junk dealers, shall keep a ledger and complete a card, to be furnished by the city or village, on which shall be legibly written in ink, at the time of any loan or purchase, the follo…
Neb. Rev. Stat. § 69-205 Reports to police; when required.
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It shall be the duty of every such pawnbroker, dealer in secondhand goods, or junk dealer, every day except Sunday before the hour of 12 noon, to deliver to the police department of the municipality where said business is located, or if the municipality does not have a police dep…
Neb. Rev. Stat. § 69-206 Pawned or secondhand goods; restrictions on disposition; jewelry defined.
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No personal property received or purchased by any pawnbroker, dealer in secondhand goods, or junk dealer, shall be sold or permitted to be taken from the place of business of such person for fourteen days after the copy of the card or ledger entry required to be delivered to the …
Repealed. Laws 1981, LB 44, § 10.
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[Repealed or reserved.]
Neb. Rev. Stat. § 69-208 Violation; penalty; permit; suspension or revocation; procedure.
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Every broker, agent, or dealer mentioned in sections 69-201 to 69-210 who shall violate any of the provisions thereof, shall be guilty of a Class V misdemeanor. In addition, any permit issued pursuant to section 69-202 may be revoked or suspended if the holder of such permit viol…
Neb. Rev. Stat. § 69-209 Pawnbroker; limitation on sale of goods.
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It shall be unlawful for any pawnbroker to sell any goods purchased or received as described in section 69-201, during the period of four months from the date of purchasing or receiving such goods.
Neb. Rev. Stat. § 69-210 Pawnbrokers; customer fingerprint required; restrictions on property accepted.
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(1) All persons who shall be engaged in the business of pawnbroker shall, in addition to the requirements of section 69-204, obtain and keep a single legible fingerprint of each person pawning, pledging, mortgaging, or selling any goods or articles. The fingerprint shall be taken…
Neb. Rev. Stat. § 69-2101 Act, how cited.
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Sections 69-2101 to 69-2119 shall be known and may be cited as the Consumer Rental Purchase Agreement Act.
Neb. Rev. Stat. § 69-2102 Legislative findings.
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The Legislature finds that a significant number of consumers have sought to acquire ownership of personal property through consumer rental purchase agreements. Often consumer rental purchase agreements have been offered without adequate cost disclosures. It is the purpose of the …
Neb. Rev. Stat. § 69-2103 Terms, defined.
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For purposes of the Consumer Rental Purchase Agreement Act: (1) Advertisement means a commercial message in any medium that aids, promotes, or assists directly or indirectly a consumer rental purchase agreement but does not include in-store merchandising aids such as window signs…
Neb. Rev. Stat. § 69-2104 Lessor; disclosures required.
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(1) Before entering into any consumer rental purchase agreement, the lessor shall disclose to the consumer the following items as applicable: (a) A brief description of the leased property sufficient to identify the property to the consumer and lessor; (b) The number, amount, and…
Neb. Rev. Stat. § 69-2105 Disclosures; how made; rules and regulations; agreement; contents.
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(1) In a consumer rental purchase agreement involving more than one consumer, a lessor need disclose the items required by the Consumer Rental Purchase Agreement Act to only one of the consumers who is primarily obligated. In a consumer rental purchase agreement involving more th…
Neb. Rev. Stat. § 69-2106 Written receipt; required; when.
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The lessor shall furnish the consumer upon request with an itemized written receipt for payment in cash or any other method of payment which itself does not provide evidence of payment.
Neb. Rev. Stat. § 69-2107 Agreements; prohibited provisions.
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A consumer rental purchase agreement may not contain a provision: (1) Requiring a confession of judgment; (2) Requiring a garnishment of wages; (3) Granting authorization to the lessor or a person acting on the lessor's behalf to enter unlawfully upon the consumer's premises or t…
Neb. Rev. Stat. § 69-2108 Agreement; contents.
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Each consumer rental purchase agreement shall: (1) Provide that the consumer may terminate the agreement without penalty by voluntarily surrendering or returning the property upon expiration of any lease term; and (2) Contain a provision for reinstatement which shall include, but…
Neb. Rev. Stat. § 69-2109 Lessor; prohibited acts.
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A lessor shall not: (1) Charge a penalty for early termination of a consumer rental purchase agreement or for the return of an item at any point except for those charges authorized by section 69-2110; (2) Require payment by a cosigner of the consumer rental purchase agreement of …
Repealed. Laws 1981, LB 44, § 10.
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[Repealed or reserved.]
Neb. Rev. Stat. § 69-2110 Fees; deposits; charges.
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(1) The lessor may contract for and receive: (a) An initial nonrefundable administrative fee of not more than ten dollars; (b) A security deposit, if the amount of the deposit and the conditions under which all or a part of the deposit will be returned is disclosed with the discl…
Neb. Rev. Stat. § 69-2111 Renegotiation; when; extension; effect.
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(1) A renegotiation shall be deemed to occur when an existing consumer rental purchase agreement is satisfied and replaced by a new agreement undertaken by the same consumer. A renegotiation shall be considered a new agreement requiring new disclosures. Renegotiation shall not in…
Neb. Rev. Stat. § 69-2112 Advertisement; requirements.
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(1) Any advertisement for a consumer rental purchase agreement which refers to or states the amount of any payment or the right to acquire ownership for any specific item shall also state clearly and conspicuously the following if applicable: (a) That the transaction advertised i…
Neb. Rev. Stat. § 69-2113 Lessor; liability; offset, not permitted; lessor; preserve evidence.
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(1) A lessor who fails to comply with the requirements of sections 69-2104 to 69-2110 with respect to a consumer shall be liable to the consumer for: (a) The greater of the actual damages sustained by the consumer as a result of the violation or, in the case of an individual acti…
Neb. Rev. Stat. § 69-2114 Actions; statute of limitations.
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An action under the Consumer Rental Purchase Agreement Act may be brought in any court of competent jurisdiction within one year of the date of the occurrence of any violation or within six months of the time the consumer rental purchase agreement and any renewal or extension of …