Chapter 69, PERSONAL PROPERTY
270 sections in this chapter.
Neb. Rev. Stat. § 69-2604 Assistive device dealer, defined.
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Assistive device dealer means a person who is in the business of selling assistive devices.
Neb. Rev. Stat. § 69-2605 Assistive device lessor, defined.
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Assistive device lessor means a person who leases an assistive device to a consumer under a written lease or who holds the lessor's rights under a written lease.
Neb. Rev. Stat. § 69-2606 Collateral costs, defined.
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Collateral costs means expenses incurred by an assistive device lessor or a consumer in connection with the repair of a nonconformity, including the costs of sales tax and of obtaining an alternative assistive device.
Neb. Rev. Stat. § 69-2607 Consumer, defined.
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Consumer means any of the following: (1) An individual or entity purchasing an assistive device if the assistive device was purchased from an assistive device dealer or manufacturer for purposes other than resale; (2) An individual or entity to whom the assistive device is transf…
Neb. Rev. Stat. § 69-2608 Demonstrator, defined.
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Demonstrator means an assistive device used primarily for the purpose of demonstration to the public.
Neb. Rev. Stat. § 69-2609 Major life activity, defined.
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Major life activity means a function such as caring for oneself, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning, and working.
Neb. Rev. Stat. § 69-2610 Manufacturer, defined.
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Manufacturer means a person who manufactures or assembles assistive devices and agents of that person, including an importer, a distributor, a factory branch, a distributor branch, and any warrantors of the manufacturer's assistive device, but not including an assistive device de…
Neb. Rev. Stat. § 69-2611 Nonconformity, defined.
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Nonconformity means a condition or defect that substantially impairs the use, value, or safety of an assistive device and that is covered by an express warranty applicable to the assistive device or to a component of the assistive device but does not include (1) a condition or de…
Neb. Rev. Stat. § 69-2612 Reasonable allowance for use, defined.
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Reasonable allowance for use means an amount up to a maximum of the amount obtained by multiplying the total amount for which the written lease obligates the consumer by a fraction, the denominator of which is one thousand eight hundred twenty-five and the numerator of which is t…
Neb. Rev. Stat. § 69-2613 Reasonable attempt to repair, defined.
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Reasonable attempt to repair means within the terms of an express warranty applicable to a new assistive device: (1) Any nonconformity within the warranty that has been repaired by the manufacturer, the assistive device lessor, or any of the manufacturer's authorized assistive de…
Neb. Rev. Stat. § 69-2614 Manufacturer; express warranty; requirements.
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(1) A manufacturer who sells an assistive device to a consumer, either directly or through an assistive device dealer, shall furnish the consumer with an express warranty for the assistive device. The duration of the express warranty shall be not less than one year after first de…
Neb. Rev. Stat. § 69-2615 Manufacturer; consumer; assistive device lessor; duties.
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(1) The manufacturer shall: (a) Accept an offer to return or an offer to transfer possession of any nonconforming assistive device by a consumer. Within thirty days after such offer, the manufacturer shall provide the consumer with a comparable new assistive device or refund to t…
Neb. Rev. Stat. § 69-2616 Returned assistive device; resale or subsequent lease; lease; enforcement.
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(1) No assistive device returned by a consumer or assistive device lessor in this state or in any other state may be sold or leased again in this state unless full written disclosure of the reasons for return is made to any prospective buyer or lessee. (2) No person may enforce t…
Neb. Rev. Stat. § 69-2617 Rights and remedies.
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(1) The Assistive Technology Regulation Act shall not limit rights or remedies available to a consumer under any other law. (2) Any waiver of rights by a consumer under the act shall be void. (3) In addition to pursuing any other remedy, a consumer may bring an action to recover …
Neb. Rev. Stat. § 69-2618 Rental assistive device reimbursement; when.
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(1) If an assistive device covered by a manufacturer's express warranty is tendered by a consumer to the dealer from whom it was purchased or exchanged for the repair of any nonconformity to which the warranty is applicable and at least one of the conditions described in subdivis…
Neb. Rev. Stat. § 69-2619 Act; applicability.
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The Assistive Technology Regulation Act shall apply to assistive devices delivered after September 13, 1997, and shall in no way be applied retroactively.
Neb. Rev. Stat. § 69-2701 Tobacco Enforcement Fund; created; use; investment.
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(1) For purposes of this section, Master Settlement Agreement means the settlement agreement (and related documents) entered into on November 23, 1998, by the state and leading United States tobacco manufacturers. (2) The Tobacco Enforcement Fund is created. Any money received by…
Neb. Rev. Stat. § 69-2702 Tobacco product manufacturer; terms, defined.
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For purposes of this section and section 69-2703: (1) Adjusted for inflation means increased in accordance with the formula for inflation adjustment set forth in Exhibit C to the Master Settlement Agreement; (2) Affiliate means a person that directly or indirectly owns or control…
Neb. Rev. Stat. § 69-2703 Tobacco product manufacturer; requirements to sell within the state.
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Any tobacco product manufacturer selling cigarettes to consumers within the state, whether directly or through a distributor, retailer, or similar intermediary or intermediaries, after April 29, 1999, shall do one of the following: (1) Become a participating manufacturer, as that…
Neb. Rev. Stat. § 69-2703.01 Unconstitutionality of amendatory provision; effect.
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If the amendments to subdivision (2)(b)(ii) of section 69-2703 made by Laws 2004, LB 944, are held by a court of competent jurisdiction to be unconstitutional, then the changes made by Laws 2004, LB 944, shall be deemed repealed and subdivision (2)(b)(ii) of section 69-2703 shall…
Neb. Rev. Stat. § 69-2703.02 Tobacco product manufacturer; qualified escrow fund; irrevocable assignment; form; amounts withdrawn; distribution.
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(1) Notwithstanding subdivision (2)(b) of section 69-2703, a tobacco product manufacturer that elects to place funds into a qualified escrow fund pursuant to subdivision (2)(a) of section 69-2703 may make an irrevocable assignment of its interest in the fund to the benefit of the…
Neb. Rev. Stat. § 69-2704 Legislative findings.
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The Legislature finds that violations of sections 69-2702 and 69-2703 threaten the integrity of the tobacco Master Settlement Agreement, the fiscal soundness of the state, and the public health. The Legislature finds that enacting procedural enhancements will aid the enforcement …
Neb. Rev. Stat. § 69-2705 Terms, defined.
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For purposes of sections 69-2704 to 69-2711: (1) Brand family means all styles of cigarettes sold under the same trademark and differentiated from one another by means of additional modifiers or descriptors, including, but not limited to, menthol, lights, kings, and 100s, and inc…
Neb. Rev. Stat. § 69-2706 Tobacco product manufacturer; certification; contents; Tax Commissioner; powers and duties; directory; prohibited acts.
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(1)(a) Every tobacco product manufacturer whose cigarettes are sold in this state, whether directly or through a distributor, retailer, or similar intermediary or intermediaries, shall execute and deliver on a form prescribed by the Tax Commissioner a certification to the Tax Com…
Neb. Rev. Stat. § 69-2707 Nonresident or foreign nonparticipating manufacturer; agent for service of process.
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(1) Any nonresident or foreign nonparticipating manufacturer that has not registered to do business in the state as a foreign corporation or business entity shall, as a condition precedent to having its brand families included or retained in the directory created in subsection (2…
Neb. Rev. Stat. § 69-2707.01 Nonparticipating manufacturers; bond or cash equivalent; amount; provide evidence to Attorney General and Tax Commissioner; failure to make escrow deposits; execution upon bond.
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(1) All nonparticipating manufacturers subject to the certification requirements of section 69-2706, or whose sales are authorized pursuant to an agreement under section 77-2602.06, shall post a bond, or its cash equivalent, for the benefit of the state, which is subject to execu…
Neb. Rev. Stat. § 69-2708 Stamping agent; duties; Tax Commissioner; Attorney General; powers.
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(1) Not later than fifteen days following the end of each month, each stamping agent shall submit, in the manner directed by the Tax Commissioner, such information as the Tax Commissioner requires to facilitate compliance with sections 69-2704 to 69-2711, including, but not limit…
Neb. Rev. Stat. § 69-2708.01 Stamping agent; responsible for escrow deposits; when; liability; calculation.
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(1) A stamping agent shall be responsible for escrow deposits required under subdivision (2) of section 69-2703 in the event it receives notice from the Attorney General that there is a shortfall amount with respect to nonparticipating manufacturer cigarettes stamped by it. (2) T…
Neb. Rev. Stat. § 69-2709 Revocation or suspension of stamping agent license; civil penalty; termination of license; grounds; violations; penalties; effect of termination; eligibility for reinstatement; directory license; termination; procedure; contraband; actions to enjoin; criminal penalty; remedies cumulative.
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(1) In addition to or in lieu of any other civil or criminal remedy provided by law, upon a determination that a stamping agent has violated subsection (4) of section 69-2706 or any rule or regulation adopted and promulgated pursuant thereto, the Tax Commissioner may revoke or su…
Neb. Rev. Stat. § 69-2710 Removal from directory; procedure.
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(1) Before any tobacco product manufacturer may be removed from the directory, the Tax Commissioner shall provide the tobacco product manufacturer thirty days' notice of the intended action and shall post the notice in the directory. The tobacco product manufacturer shall have th…
Neb. Rev. Stat. § 69-2710.01 Report; contents.
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(1) Any person that during a month acquired, purchased, sold, possessed, transferred, transported, or caused to be transported in or into this state cigarettes of a tobacco product manufacturer or brand family that was not in the directory at the time shall, within fifteen days f…
Neb. Rev. Stat. § 69-2710.02 License of stamping agent; termination; grounds; cure; notice; reinstatement; removal from directory; grounds; cure; notice; procedure.
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(1) The license of a stamping agent may be subject to termination if its similar license is terminated in any other state based on acts or omissions that would be grounds for license termination under subsection (2) of section 69-2709, unless the stamping agent demonstrates that …
Neb. Rev. Stat. § 69-2710.03 Rules and regulations.
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The Tax Commissioner may adopt and promulgate rules and regulations necessary to effect the purposes of sections 69-2703 to 69-2711.
Neb. Rev. Stat. § 69-2711 Conflict of laws; how treated.
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If a court of competent jurisdiction finds that the provisions of sections 69-2704 to 69-2711 and of sections 69-2702 and 69-2703 conflict and cannot be harmonized, then the provisions of sections 69-2702 and 69-2703 shall control. If sections 69-2704 to 69-2711 or any part of an…
Neb. Rev. Stat. § 69-2801 Notice of fraud; seller; duties; enforcement.
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(1) For purposes of this section, gift certificate or gift card means a certificate, electronic card, or other prefunded record that (a) is usable at a single merchant or an affiliated group of merchants that share the same name, mark, or logo, or is usable at multiple unaffiliat…
Neb. Rev. Stat. § 69-301 Act, how cited.
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Sections 69-301 to 69-307 shall be known and may be cited as the Mail Order Contact Lens Act.
Neb. Rev. Stat. § 69-302 Terms, defined.
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For purposes of the Mail Order Contact Lens Act: (1) Contact lens prescription means a written order bearing the original signature of an optometrist or physician or an oral or electromagnetic order issued by an optometrist or physician that authorizes the dispensing of contact l…
Neb. Rev. Stat. § 69-303 Ophthalmic provider; contact lens prescription.
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(1) A mail-order ophthalmic provider may dispense contact lenses in Nebraska or to a Nebraska resident if the contact lens prescription is valid. Such prescription is valid if it (a) contains the patient's name, date ordered, expiration date, instructions for use, optometrist or …
Neb. Rev. Stat. § 69-304 Ophthalmic provider; registration; requirements.
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The department shall require and provide for an annual registration for all mail-order ophthalmic providers located outside of this state, including those providing services via the Internet, that dispense contact lenses to Nebraska residents. The department shall grant a mail-or…
Neb. Rev. Stat. § 69-305 Fees; disposition.
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The mail-order ophthalmic provider shall pay a fee equivalent to the annual fee for an initial or renewal permit to operate a pharmacy in Nebraska as established in and at the times provided for in the Health Care Facility Licensure Act. Such fees shall be remitted to the State T…
Neb. Rev. Stat. § 69-306 Act; enforcement.
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The department, upon the recommendation of the Board of Pharmacy, the Board of Optometry, or the Board of Medicine and Surgery, shall notify the Attorney General of any possible violations of the Mail Order Contact Lens Act. If the Attorney General has reason to believe that an o…
Neb. Rev. Stat. § 69-307 Rules and regulations.
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The department, upon the joint recommendation of the Board of Pharmacy, Board of Optometry, and Board of Medicine and Surgery, may adopt and promulgate rules and regulations for enforcement of the Mail Order Contact Lens Act.
Neb. Rev. Stat. § 69-308 Act, how cited.
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Sections 69-308 to 69-314 shall be known and may be cited as the Consumer Protection in Eye Care Act.
Neb. Rev. Stat. § 69-309 Terms, defined.
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For purposes of the Consumer Protection in Eye Care Act: (1) Contact lens means any lens placed directly on the surface of the eye, regardless of whether or not it is intended to correct a visual defect. Contact lens includes, but is not limited to, any cosmetic, therapeutic, or …
Neb. Rev. Stat. § 69-310 Contact lenses or spectacles; prescription; contents; release to patient.
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No person in this state may dispense contact lenses or spectacles, other than over-the-counter spectacles, to a patient without a valid prescription from a provider. A valid prescription for spectacles or contact lenses (1) shall contain an expiration date of not less than two ye…
Neb. Rev. Stat. § 69-311 Operation of kiosk; conditions.
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No person shall operate a kiosk in Nebraska unless: (1) The kiosk is registered or approved by the federal Food and Drug Administration for the intended use; (2) The kiosk is designed and operated in a manner that provides any accommodation required by the federal Americans with …
Neb. Rev. Stat. § 69-312 Over-the-counter spectacles.
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The lenses in over-the-counter spectacles shall be of uniform focus power in each eye and shall not exceed +3.25 diopters.
Neb. Rev. Stat. § 69-313 Uniform Credentialing Act; applicability; department; powers; civil penalty; Attorney General; powers.
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(1) The Uniform Credentialing Act shall apply to any person alleged or believed to have violated the Consumer Protection in Eye Care Act. The department shall investigate potential violations of the Consumer Protection in Eye Care Act according to the procedures of the Uniform Cr…
Neb. Rev. Stat. § 69-314 Rules and regulations.
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The department, in consultation with the Board of Optometry and the Board of Medicine and Surgery, may adopt and promulgate rules and regulations to carry out the Consumer Protection in Eye Care Act.
Neb. Rev. Stat. § 69-401 Terms, defined.
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For purposes of sections 69-401 to 69-409: (1) Regulated metals property means catalytic converters, all nonferrous metal except gold and silver, manhole covers, sewer grates, or metal beer kegs, including those kegs made of stainless steel; and (2) Secondary metals recycler mean…