Chapter 69 — PERSONAL PROPERTY
444 sections in this chapter.
Neb. Rev. Stat. § 69-2430 Application; form; contents; prohibited acts; penalty; permit issuance; denial; appeal.
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(1) Application for a permit to carry a concealed handgun shall be made in person at any Nebraska State Patrol Troop Headquarters or office provided by the patrol for purposes of accepting such an application. The applicant shall present a current Nebraska motor vehicle operator'…
Neb. Rev. Stat. § 69-2431 Fingerprinting; criminal history record information check.
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In order to insure an applicant's initial compliance with sections 69-2430 and 69-2433, the applicant for a permit to carry a concealed handgun shall be fingerprinted by the Nebraska State Patrol and a check made of his or her criminal history record information maintained by the…
Neb. Rev. Stat. § 69-2432 Nebraska State Patrol; handgun training and safety courses and instructors; duties; certificate of completion of course; fee.
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(1) The Nebraska State Patrol shall prepare and publish minimum training and safety requirements for and adopt and promulgate rules and regulations governing handgun training and safety courses and handgun training and safety course instructors. Minimum safety and training requir…
Neb. Rev. Stat. § 69-2433 Applicant; requirements.
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An applicant shall: (1) Be at least twenty-one years of age; (2) Not be prohibited from purchasing or possessing a handgun by 18 U.S.C. 922, as such section existed on January 1, 2005; (3) Possess the same powers of eyesight as required under section 60-4,118 for a Class O operat…
Neb. Rev. Stat. § 69-2434 Permit; design and form.
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The design and form of the permit to carry a concealed handgun shall be prescribed by the Nebraska State Patrol. The permit shall list the permitholder's name, the permitholder's address, and the expiration date of the permit and contain a photograph of the permitholder.
Neb. Rev. Stat. § 69-2435 Permitholder; continuing requirements; return of permit; when.
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A permitholder shall continue to meet the requirements of section 69-2433 during the time he or she holds the permit, except as provided in subsection (2) of section 69-2443. If, during such time, a permitholder does not continue to meet one or more of the requirements, the permi…
Neb. Rev. Stat. § 69-2436 Permit; period valid; fee; renewal; fee; notice of expiration.
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(1) A permit to carry a concealed handgun is valid throughout the state for a period of five years after the date of issuance. The fee for issuing a permit is one hundred dollars. (2) The Nebraska State Patrol shall renew a permitholder's permit to carry a concealed handgun for a…
Neb. Rev. Stat. § 69-2437 Permit; nontransferable.
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A permit to carry a concealed handgun shall be issued to a specific individual only and shall not be transferred from one person to another.
Neb. Rev. Stat. § 69-2438 Limitation on liability.
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The Nebraska State Patrol or any agent, employee, or member thereof is not civilly liable to any injured person or his or her estate for any injury suffered, including any action for wrongful death or property damage suffered, relating to the issuance or revocation of a permit to…
Neb. Rev. Stat. § 69-2439 Permit; application for revocation; prosecution; fine; costs.
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(1) Any peace officer having probable cause to believe that a permitholder is no longer in compliance with one or more requirements of section 69-2433, except as provided in subsection (2) of section 69-2443, shall bring an application for revocation of the permit to be prosecute…
Transferred to section 28-1202.04.
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[Repealed or reserved.]
Transferred to section 28-1202.01.
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[Repealed or reserved.]
Neb. Rev. Stat. § 69-2442 Injury to person or damage to property; permitholder; report required; violation; penalty.
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(1) Any time the discharge of a handgun carried by a permitholder pursuant to the Concealed Handgun Permit Act results in injury to a person or damage to property, the permitholder shall make a report of such incident to the Nebraska State Patrol on a form designed and distribute…
Neb. Rev. Stat. § 69-2443 Violations; revocation of permit; when.
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(1) A permitholder convicted of a violation of section 28-1202.03, 28-1202.04, or 69-2442 may have his or her permit revoked. (2) A permitholder convicted of a violation of section 28-1202.01 or 28-1202.02 that occurred on property owned by the state or any political subdivision …
Neb. Rev. Stat. § 69-2444 Listing of applicants and permitholders; availability; confidential information.
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The Nebraska State Patrol shall maintain a listing of all applicants and permitholders and any pertinent information regarding such applicants and permitholders. The information shall be available upon request to all federal, state, and local law enforcement agencies. Information…
Neb. Rev. Stat. § 69-2445 Carrying concealed weapon under other law; act; how construed.
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Nothing in the Concealed Handgun Permit Act prevents a person not otherwise prohibited from possessing or carrying a concealed handgun by state law from carrying a concealed weapon without a permit.
Neb. Rev. Stat. § 69-2446 Rules and regulations.
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The Nebraska State Patrol may adopt and promulgate rules and regulations to carry out the Concealed Handgun Permit Act.
Neb. Rev. Stat. § 69-2447 Department of Motor Vehicles records; use and update of information.
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(1) The Department of Motor Vehicles shall modify the existing system of the department to allow the status of a permit to carry a concealed handgun and the dates of issuance and expiration of such permit to be recorded on the permitholder's record provided for in section 60-483.…
Neb. Rev. Stat. § 69-2448 License or permit issued by other state or District of Columbia; how treated.
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A valid license or permit to carry a concealed handgun issued by any other state or the District of Columbia shall be recognized as valid in this state under the Concealed Handgun Permit Act if (1) the holder of the license or permit is not a resident of Nebraska and (2) the Atto…
Neb. Rev. Stat. § 69-2449 Information to permitholder regarding lost or stolen handgun or firearm.
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The Nebraska State Patrol shall inform each permitholder, upon the issuance or renewal of a permit to carry a concealed handgun, that if a handgun, or other firearm, owned by such permitholder is lost or stolen, the permitholder should notify his or her county sheriff or local po…
Neb. Rev. Stat. § 69-2501 Act, how cited.
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Sections 69-2501 to 69-2507 shall be known and may be cited as the Plastic Container Coding Act.
Neb. Rev. Stat. § 69-2502 Terms, defined.
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For purposes of the Plastic Container Coding Act: (1) Code shall mean a molded, imprinted, or raised symbol on or near the bottom of a plastic bottle or rigid plastic container; (2) Department shall mean the Department of Water, Energy, and Environment; (3) Plastic shall mean any…
Neb. Rev. Stat. § 69-2503 Conformity with industry standards; codes required; department; duties.
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(1) This section and any rules or regulations adopted and promulgated under the Plastic Container Coding Act shall be interpreted to conform with nationwide plastics industry standards. (2) No person shall manufacture or distribute a plastic bottle or rigid plastic container unle…
Neb. Rev. Stat. § 69-2504 Violations; penalty; enforcement duties.
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(1) After being notified by the department that a plastic bottle or rigid plastic container does not comply with section 69-2503 or the rules and regulations promulgated under such section, a person violating such section shall be subject to a civil penalty of fifty dollars for e…
Repealed. Laws 2019, LB302, § 181.
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[Repealed or reserved.]
Neb. Rev. Stat. § 69-2506 Administrative costs; limitation; payment.
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Administrative costs incurred in implementing the Plastic Container Coding Act shall not exceed five thousand dollars and shall be paid solely from the Integrated Solid Waste Management Cash Fund.
Neb. Rev. Stat. § 69-2507 Act; applicability.
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The Plastic Container Coding Act shall apply to plastic bottles and rigid plastic containers manufactured or distributed on or after January 1, 1994.
Neb. Rev. Stat. § 69-2601 Act, how cited.
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Sections 69-2601 to 69-2619 shall be known and may be cited as the Assistive Technology Regulation Act.
Neb. Rev. Stat. § 69-2602 Definitions, where found.
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For purposes of the Assistive Technology Regulation Act, the definitions found in sections 69-2603 to 69-2613 apply.
Neb. Rev. Stat. § 69-2603 Assistive device, defined.
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Assistive device means any device, including a demonstrator, that a consumer purchases or accepts transfer of in this state which is used for a major life activity, including, but not limited to, manual wheelchairs, motorized wheelchairs, motorized scooters, and other aides that …
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…