reglab/statecodes huggingface dataset:
2023 Nebraska Revised Statutes › Chapter 69 - Personal Property › 69-313 - Uniform Credentialing Act; applicability; department; powers; civil penalty; Attorney General; powers.

69-313.
Uniform Credentialing Act; applicability; department; powers; civil penalty; Attorney General; powers.
(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 Credentialing Act and shall take appropriate action as provided by the Uniform Credentialing Act.
(2) In addition to the remedies, penalties, or relief available under the Uniform Credentialing Act, the department may impose a civil penalty against a person who does not hold a credential under the Uniform Credentialing Act who has violated or attempted to violate the Consumer Protection in Eye Care Act. The civil penalty shall not exceed ten thousand dollars for each violation, up to the maximum provided in section 38-198. If the department finds that a violation or attempted violation occurred and did not result in significant harm to human health, the department may issue a warning instead of imposing a civil penalty. Any civil penalty imposed pursuant to this section may be collected as provided in section 38-198.
(3) At the request of the department, the Attorney General may file a civil action seeking an injunction or other appropriate relief to enforce the Consumer Protection in Eye Care Act and the rules and regulations adopted and promulgated under the Consumer Protection in Eye Care Act.
Source
Laws 2016, LB235, § 6.
Cross References
Uniform Credentialing Act, see section 38-101.
2023 Nebraska Revised Statutes › Chapter 69 - Personal Property › 69-401 - Terms, defined.

69-401.
Terms, defined.
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 means any person, firm, or corporation in this state that:
(a) Is engaged in the business of gathering or obtaining regulated metals property that has served its original economic purpose; or
(b) Is in the business of or has facilities for performing the manufacturing process by which regulated metals property is converted into raw material products consisting of prepared grades and having an existing or potential economic value by methods including, but not limited to, processing, sorting, cutting, classifying, cleaning, baling, wrapping, shredding, shearing, or changing the physical form or chemical content of the metals, but not including the exclusive use of hand tools.
Source
Laws 2008, LB766, § 1;
Laws 2012, LB1049, § 1.
2023 Nebraska Revised Statutes › Chapter 69 - Personal Property › 69-402 - Secondary metals recycler; purchase of regulated metals property; information required; duration; receipt.

69-402.
Secondary metals recycler; purchase of regulated metals property; information required; duration; receipt.
(1) A secondary metals recycler shall maintain a record, either as a hard copy or electronically, of all purchase transactions in which the secondary metals recycler purchases regulated metals property.
(2) The following information shall be maintained for transactions in which a secondary metals recycler purchases regulated metals property:
(a) The name and address of the secondary metals recycler;
(b) The name and signature of the individual entering the information;
(c) The date and time of the transaction;
(d) The weight and grade of the regulated metals property purchased;
(e) The description made in accordance with the custom of the trade of the type of regulated metals property purchased;
(f) The amount of consideration given for the regulated metals property, if any;
(g) The name, signature, and address of the vendor of the regulated metals property;
(h) The motor vehicle operator's license number, state identification card number, or federal government-issued identification card number of the person delivering the regulated metals property to the secondary metals recycler;
(i) A photocopy of the current motor vehicle operator's license, state-issued identification card, or federal government-issued identification card of the person delivering the regulated metals property to the secondary metals recycler;
(j) A fingerprint from the person, but only if the person is delivering copper or catalytic converters. The fingerprint shall be taken from the right index finger, but if the right index finger is missing, the fingerprint shall be taken from the left index finger; and
(k) A date-and-time-stamped photograph or a date-and-time-stamped video recording of the regulated metals property.
(3) The vendor of the regulated metals property shall receive at no charge a plain written or printed receipt of the recorded transaction containing a copy of the entries required by this section.
(4) A secondary metals recycler shall keep and maintain the information required under this section for not less than one year after the date of the purchase of the regulated metals property.
Source
Laws 2008, LB766, § 2.
2023 Nebraska Revised Statutes › Chapter 69 - Personal Property › 69-403 - Peace officer; right to inspect property and records.

69-403.
Peace officer; right to inspect property and records.
During the usual and customary business hours of a secondary metals recycler, any peace officer shall have the right to inspect:
(1) Any and all purchased regulated metals property in the possession of the secondary metals recycler; and
(2) Any and all records required to be maintained under section 69-402.
Source
Laws 2008, LB766, § 3.
2023 Nebraska Revised Statutes › Chapter 69 - Personal Property › 69-404 - Secondary metals recycler; limitations on payment.

69-404.
Secondary metals recycler; limitations on payment.
No secondary metals recycler shall purchase regulated metals property for cash consideration unless the purchase total is not more than twenty-five dollars. Purchases made from the same person within a four-hour period shall be considered a single transaction. Payment shall be made payable only to the individual named on the identification presented pursuant to section 69-402. Payment for copper and catalytic converters shall be by check, and if the purchase total for copper is more than one hundred dollars, the check shall be sent by United States mail, postage prepaid.
Source
Laws 2008, LB766, § 4;
Laws 2012, LB1049, § 3.
2023 Nebraska Revised Statutes › Chapter 69 - Personal Property › 69-405 - Seller; age restriction; identification required.

69-405.
Seller; age restriction; identification required.
No secondary metals recycler shall purchase or receive regulated metals property:
(1) From any person who is under the age of majority; or
(2) From any person who does not possess a valid form of personal identification or current motor vehicle operator's license required under section 69-402 at the time of the recorded transaction.
Source
Laws 2008, LB766, § 5.
2023 Nebraska Revised Statutes › Chapter 69 - Personal Property › 69-406 - Limitation on metal beer keg purchase or receipt.

69-406.
Limitation on metal beer keg purchase or receipt.
No secondary metals recycler shall purchase or receive a metal beer keg, including those kegs made of stainless steel, if the serial number or other identifying insignia has been destroyed, removed, altered, covered, or defaced.
Source
Laws 2008, LB766, § 6.
2023 Nebraska Revised Statutes › Chapter 69 - Personal Property › 69-406.01 - Manhole cover or sewer grate; purchase or receipt; limitations; payment.

69-406.01.
Manhole cover or sewer grate; purchase or receipt; limitations; payment.
No secondary metals recycler shall purchase or receive any manhole cover or sewer grate except from (1) an authorized representative of the political subdivision that owns the manhole cover or sewer grate as is evidenced by the stamping or engraving on the cover or grate or (2) a third party who has a legitimate bill-of-sale, letter of authorization, or similar approval from the political subdivision evidencing the third party's right to possess and sell the cover or grate. Payment for a manhole cover or sewer grate shall be by draft or check and sent by United States mail, postage prepaid, to the official address of the finance department of such political subdivision or to the third-party seller. Such draft or check shall be made payable only to the political subdivision or to the third-party seller.
Source
Laws 2012, LB1049, § 2.
2023 Nebraska Revised Statutes › Chapter 69 - Personal Property › 69-407 - Exemptions.

69-407.
Exemptions.
Sections 69-401 to 69-409 do not apply to:
(1) Purchases of regulated metals property from a manufacturing, industrial, or other commercial vendor that generates or sells regulated metals property in the ordinary course of its business;
(2) The collection or purchase of regulated metals property in the form of beverage or food cans; or
(3) Recycling or neighborhood cleanup programs contracted or sponsored by the state or any political subdivision.
Source
Laws 2008, LB766, § 7;
Laws 2012, LB1049, § 4.
2023 Nebraska Revised Statutes › Chapter 69 - Personal Property › 69-408 - Violation; penalty.

69-408.
Violation; penalty.
Any person violating any of the provisions of sections 69-401 to 69-409 is guilty of a Class II misdemeanor.
Source
Laws 2008, LB766, § 8;
Laws 2012, LB1049, § 5.
2023 Nebraska Revised Statutes › Chapter 69 - Personal Property › 69-409 - Sections; how construed.

69-409.
Sections; how construed.
Nothing in sections 69-401 to 69-409 shall be construed to abrogate or affect the provisions of any lawful rule, regulation, resolution, ordinance, or statute which is more restrictive than sections 69-401 to 69-409.
Source
Laws 2008, LB766, § 9;
Laws 2012, LB1049, § 6.
2023 Nebraska Revised Statutes › Chapter 69 - Personal Property › 69-502 - Terms, defined.

69-502.
Terms, defined.
For purposes of the Reduced Cigarette Ignition Propensity Act:
(1) Agent means any person authorized by the Tax Commissioner to purchase and affix stamps or cigarette tax meter impressions on packages of cigarettes under sections 77-2601 to 77-2615;
(2) Cigarette has the same meaning as in section 77-2601;
(3) Consumer testing means an assessment of cigarettes that is conducted by a manufacturer, or under the control or direction of a manufacturer, for the purpose of evaluating consumer acceptance of the cigarettes;
(4) Manufacturer means:
(a) Any entity which manufactures or otherwise produces cigarettes or causes cigarettes to be manufactured or produced anywhere that such manufacturer intends to sell in this state, including cigarettes intended to be sold in the United States through an importer;
(b) The first purchaser anywhere that intends to resell in the United States cigarettes manufactured anywhere that the original manufacturer or maker does not intend to be sold in the United States; or
(c) Any entity that becomes a successor of an entity described in subdivision (4)(a) or (b) of this section;
(5) Quality control and quality assurance program means the laboratory procedures implemented to ensure that operator bias, systematic and nonsystematic methodological errors, and equipment-related problems do not affect the results of the testing. Such a program ensures that the testing repeatability remains within the required repeatability values stated in section 69-503 for all test trials used to certify cigarettes in accordance with the Reduced Cigarette Ignition Propensity Act;
(6) Repeatability means the range of values within which the repeat results of cigarette test trials from a single laboratory will fall ninety-five percent of the time;
(7) Retail dealer means any person, other than a manufacturer or wholesale dealer, engaged in selling cigarettes or tobacco products;
(8) Sale means any transfer for consideration, exchange, barter, gift, offer for sale, or distribution in any manner or by any means whatsoever;
(9) Sell means to sell or to offer or agree to do the same; and
(10) Wholesale dealer means any person, other than a manufacturer, who sells cigarettes or tobacco products to retail dealers or other persons for purposes of resale and any person who owns, operates, or maintains one or more cigarette or tobacco product vending machines in, at, or upon premises owned or occupied by any other person.
Source
Laws 2009, LB198, § 2;
Laws 2011, LB590, § 3.
2023 Nebraska Revised Statutes › Chapter 69 - Personal Property › 69-505 - Marking; inspections.

69-505.
Marking; inspections.
(1) Cigarettes that are certified by a manufacturer in accordance with section 69-504 shall be marked to indicate compliance with the requirements of section 69-503. The marking shall be either:
(a) Any marking in use and approved for sale in New York pursuant to the New York Fire Safety Standards for Cigarettes as such standards existed on January 1, 2009; or
(b) The letters "FSC" which signifies Fire Standards Compliant.
(2) The marking shall appear in eight-point type or larger and be permanently printed, stamped, engraved, or embossed on the package at or near the Universal Product Code.
(3) A manufacturer shall use only one marking and shall apply this marking uniformly for all packages, including, but not limited to, packs, cartons, and cases, and brands marketed by that manufacturer.
(4) Manufacturers certifying cigarettes in accordance with section 69-504 shall provide a copy of the certifications to all wholesale dealers and agents to which they sell cigarettes and shall also provide sufficient copies of an illustration of the package marking utilized by the manufacturer pursuant to this section for each retail dealer to which the wholesale dealers or agents sell cigarettes. Wholesale dealers and agents shall provide a copy of these package markings received from manufacturers to all retail dealers to which they sell cigarettes. Wholesale dealers, agents, and retail dealers shall permit the State Fire Marshal, the Department of Revenue, and their employees or peace officers of this state to inspect markings of cigarette packaging marked in accordance with this section.
Source
Laws 2009, LB198, § 5.
2023 Nebraska Revised Statutes › Chapter 69 - Personal Property › 69-507 - Tax Commissioner; power to inspect; notice to State Fire Marshal.

69-507.
Tax Commissioner; power to inspect; notice to State Fire Marshal.
The Tax Commissioner, in the regular course of conducting inspections of wholesale dealers, agents, and retail dealers, as authorized under section 77-2605, may inspect cigarettes to determine if the cigarettes are marked as required by section 69-505. If the cigarettes are not marked as required, the Tax Commissioner shall notify the State Fire Marshal.
Source
Laws 2009, LB198, § 7.
2023 Nebraska Revised Statutes › Chapter 69 - Personal Property › 69-508 - Attorney General; enforcement powers.

69-508.
Attorney General; enforcement powers.
To enforce the provisions of the Reduced Cigarette Ignition Propensity Act, the Attorney General may examine the books, papers, invoices, and other records of any person in possession, control, or occupancy of any premises where cigarettes are placed, stored, sold, or offered for sale, as well as the stock of cigarettes on the premises. Every person in the possession, control, or occupancy of any premises where cigarettes are placed, sold, or offered for sale shall give the Attorney General the means, facilities, and opportunity for the examinations authorized by the act.
Source
Laws 2009, LB198, § 8.
2023 Nebraska Revised Statutes › Chapter 69 - Personal Property › 69-509 - Act; exemptions.

69-509.
Act; exemptions.
Nothing in the Reduced Cigarette Ignition Propensity Act shall be construed to prohibit:
(1) Any person or entity from manufacturing or selling cigarettes that do not meet the requirements of section 69-503 if the cigarettes are or will be stamped for sale in another state or are packaged for sale outside the United States and that person or entity has taken reasonable steps to ensure that such cigarettes will not be sold or offered for sale to persons located in this state; or
(2) The use of cigarettes solely for the purpose of consumer testing utilizing only the quantity of cigarettes that is reasonably necessary for the assessment.
Source
Laws 2009, LB198, § 9.
2023 Nebraska Revised Statutes › Chapter 69 - Personal Property › 69-510 - Termination of act; conditions; preemption of local law.

69-510.
Termination of act; conditions; preemption of local law.
(1) The Reduced Cigarette Ignition Propensity Act shall terminate if a federal reduced cigarette ignition propensity standard that preempts the act is adopted and becomes effective.
(2) The Reduced Cigarette Ignition Propensity Act preempts any local law on the subject and no political subdivision shall enact or enforce any ordinance or other local law or regulation conflicting with any provision of the act or with any policy of this state expressed by the act, whether the policy is expressed by inclusion of a provision in the act or by exclusion of that subject from the act.
Source
Laws 2009, LB198, § 10.
2023 Nebraska Revised Statutes › Chapter 69 - Personal Property › 69-511 - State Fire Marshal; rules and regulations.

69-511.
State Fire Marshal; rules and regulations.
The State Fire Marshal may adopt and promulgate rules and regulations necessary to carry out the Reduced Cigarette Ignition Propensity Act in accordance with the Administrative Procedure Act.
Source
Laws 2009, LB198, § 11.
Cross References
Administrative Procedure Act, see section 84-920.
2023 Nebraska Revised Statutes › Chapter 69 - Personal Property › 69-1001 - Terms, defined.

69-1001.
Terms, defined.
For the purpose of sections 69-1001 to 69-1008, unless the context otherwise requires:
(1) Commercial hatchery shall mean a place where chicks are hatched for the purpose of resale or where chicks are hatched for hire; and
(2) Commercial chicks shall mean any domestic fowl produced in a commercial hatchery, under the age of six weeks or not to exceed one pound in weight, and which are offered for resale by the hatchery or owner of chicks.
Source
Laws 1967, c. 414, § 1, p. 1279.
2023 Nebraska Revised Statutes › Chapter 69 - Personal Property › 69-1002 - Sale at auction; containers; labels; statement required.

69-1002.
Sale at auction; containers; labels; statement required.
When commercial chicks are offered for sale or sold at public auction, each box, crate, coop, or other container, shall be labeled with the sworn statement of the owner offering such chicks for sale at public auction, designating the number of live chicks in each such container, the breed and variety, the date on which such chicks were hatched, and the name and location of the commercial hatchery where hatched, whether such chicks were sexed, or unsexed, and if sexed, such sworn statement shall designate whether contents are cockerel chicks or pullet chicks, and any other representation made at or prior to the time of the sale relative to the breed and variety, and such tests as shall have been made on the parent stock for pullorum disease.
Source
Laws 1967, c. 414, § 2, p. 1279.
2023 Nebraska Revised Statutes › Chapter 69 - Personal Property › 69-1003 - Sale at auction; false statements; liability.

69-1003.
Sale at auction; false statements; liability.
The owner of commercial chicks desiring to sell them at public auction shall furnish to the person who conducts the sale a duplicate of the sworn statement required by section 69-1002, which shall be retained by the person conducting the sale. When such copy of the sworn statement has been furnished to him, the person conducting the sale shall be relieved from any responsibility or liability concerning incorrect or false statements made in regard to such commercial chicks.
Source
Laws 1967, c. 414, § 3, p. 1280.
2023 Nebraska Revised Statutes › Chapter 69 - Personal Property › 69-1004 - Sale at auction by carrier; when act inapplicable.

69-1004.
Sale at auction by carrier; when act inapplicable.
The provisions of sections 69-1001 to 69-1005 shall not apply to baby chicks in the custody of a common carrier upon which the freight has been prepaid, and which must be sold at public auction because delivery thereof cannot be effected beyond the control of such common carrier.
Source
Laws 1967, c. 414, § 4, p. 1280.
2023 Nebraska Revised Statutes › Chapter 69 - Personal Property › 69-1005 - Violations; penalty.

69-1005.
Violations; penalty.
Any person, firm, partnership, limited liability company, or corporation who violates any of the provisions of sections 69-1001 to 69-1005 shall be deemed guilty of a Class V misdemeanor.
Source
Laws 1967, c. 414, § 5, p. 1280;
Laws 1977, LB 39, § 130;
Laws 1993, LB 121, § 409.
2023 Nebraska Revised Statutes › Chapter 69 - Personal Property › 69-1006 - Poultry; sales record; exceptions.

69-1006.
Poultry; sales record; exceptions.
Whenever any chickens, ducks, geese, turkeys, or other domestic fowls or poultry, whether alive or dressed, shall be sold to any public buyer, a record of the same shall be taken by the purchaser, and signed by the seller. Such record shall be in a simple form, and for convenience may be made in book form in units of fifty or more, and a duplicate thereof made and furnished at the option of the parties. Such records shall provide for showing at least the number of birds or poultry purchased, and the kind or breed of poultry purchased, the name of the person or persons who raised the birds or poultry purchased, and if not raised by the seller, where he procured them. It is further provided that the wholesale dealer is exempt from the provisions of sections 69-1006 to 69-1008 upon purchase made by him from a retail dealer or a regular local agent, but not upon purchase made direct from a producer or an individual who procured the same from a producer. Regular local agents of a wholesaler, and retail dealers selling to the wholesaler, are likewise exempt from the provisions relating to the selling of poultry.
Source
Laws 1967, c. 414, § 6, p. 1280.
2023 Nebraska Revised Statutes › Chapter 69 - Personal Property › 69-1007 - Poultry; sales record; violation; penalty.

69-1007.
Poultry; sales record; violation; penalty.
Every failure, neglect or refusal to comply with the provisions of section 69-1006 shall constitute a separate violation of such section, and for each separate offense the purchaser may be guilty of a Class V misdemeanor.
Source
Laws 1967, c. 414, § 7, p. 1281;
Laws 1977, LB 39, § 131.
2023 Nebraska Revised Statutes › Chapter 69 - Personal Property › 69-1008 - Poultry; sale or delivery; false representations; penalty.

69-1008.
Poultry; sale or delivery; false representations; penalty.
Any person selling, bartering or delivering poultry to such retail or wholesale dealer therein, who shall fail, refuse or neglect to furnish full, complete and truthful information for such a receipt as provided in section 69-1006 and shall render a false statement in such a receipt concerning who raised the poultry described therein, or where and from whom he secured such poultry, shall be guilty of a violation of the provisions of this section, and shall, for each separate offense, be guilty of a Class V misdemeanor.
Source
Laws 1967, c. 414, § 8, p. 1281;
Laws 1977, LB 39, § 132.
2023 Nebraska Revised Statutes › Chapter 69 - Personal Property › 69-1101 - Labels required.

69-1101.
Labels required.
A stamp or label shall be placed on every ball of binder twine sold, exposed or offered for sale in this state, giving the name of the manufacturer or importer, the number of feet to the pound in such ball, the material from which it is made, the tensile strength, the percent of oil it contains, and the date of manufacture. The deficiency in length shall not exceed five percent of the amount as stated on the label or stamp.
Source
Laws 1967, c. 415, § 1, p. 1281.
2023 Nebraska Revised Statutes › Chapter 69 - Personal Property › 69-1102 - Violations; penalty.

69-1102.
Violations; penalty.
Every manufacturer, importer or dealer who fails to comply with the provisions of section 69-1101 shall be guilty of a Class V misdemeanor for each and every such ball sold, offered or exposed for sale.
Source
Laws 1967, c. 415, § 2, p. 1282;
Laws 1977, LB 39, § 133.
2023 Nebraska Revised Statutes › Chapter 69 - Personal Property › 69-1201 - Terms, defined.

69-1201.
Terms, defined.
As used in sections 69-1201 to 69-1217, unless the context otherwise requires:
(1) Debt management shall mean the planning and management of the financial affairs of a debtor for a fee from the debtor and the receiving therefrom of money or evidences thereof for the purpose of distributing the same to his or her creditors in payment or partial payment of his or her obligations;
(2) Licensee shall mean any individual, partnership, limited liability company, unincorporated association, or corporation licensed under such sections;
(3) Secretary shall mean the Secretary of State;
(4) Debtor shall mean a wage earner whose principal income is derived from wages, salary, or commission;
(5) Office shall mean each location by street number, building number, city, and state where any person engages in debt management; and
(6) Creditor shall mean a person for whose benefit money is being collected and disbursed by licensees.
Source
Laws 1967, c. 377, § 1, p. 1179;
Laws 1993, LB 121, § 410.
2023 Nebraska Revised Statutes › Chapter 69 - Personal Property › 69-1202 - Debt management; exceptions to act.

69-1202.
Debt management; exceptions to act.
Any person engaged in debt management shall be deemed to be rendering financial planning service, but sections 69-1201 to 69-1217 shall not apply to the following when engaged in the regular course of their respective businesses and professions:
(1) Attorneys at law;
(2) Banks, fiduciaries, financing and lending institutions, as duly authorized and admitted to transact business in this state and performing credit and financial adjusting service in the regular course of their principal business;
(3) Title insurers and abstract companies, while doing an escrow business;
(4) Employees of licensees under sections 69-1201 to 69-1217; or
(5) Judicial officers or others acting under court orders.
Source
Laws 1967, c. 377, § 2, p. 1180.
2023 Nebraska Revised Statutes › Chapter 69 - Personal Property › 69-1203 - License; required.

69-1203.
License; required.
After January 1, 1969, it shall be unlawful for any person to engage in the business of debt management without first obtaining a license as required in sections 69-1201 to 69-1217.
Source
Laws 1967, c. 377, § 3, p. 1180.
2023 Nebraska Revised Statutes › Chapter 69 - Personal Property › 69-1204 - License; application; fees; bond; expiration; copy of contract.

69-1204.
License; application; fees; bond; expiration; copy of contract.
(1) Any person desiring to obtain a license to engage in the debt management business in this state shall file with the secretary an application in writing, under oath, setting forth the person's business name, the person's social security number if the applicant is an individual, the exact location of the person's office, the names and addresses of all officers and directors if an association or a corporation, if a partnership, the partnership name and the names and addresses of all partners, and if a limited liability company, the company name and the names and addresses of all members, and a copy of the certificate of registration of trade name, certificate of partnership, articles of organization, or articles of incorporation.
(2) At the time of filing the application, the applicant shall pay to the secretary a license fee of two hundred dollars for the main office within each county and one hundred dollars for each additional office. An initial investigation fee of two hundred dollars shall also be paid to the secretary at the time of filing the application.
(3) At the time of filing the application, the applicant shall furnish a bond to the people of the state in the sum of ten thousand dollars, conditioned upon the faithful accounting of all money collected upon accounts entrusted to such person engaged in debt management, and the person's employees and agents. The aggregate liability of the surety to all claimants doing business with the office for which the bond is filed shall in no event exceed the amount of such bond. The bond or bonds shall be approved by the secretary and filed in the office of the Secretary of State. No person, firm, limited liability company, or corporation shall engage in the business of debt management until a good and sufficient bond is filed in accordance with sections 69-1201 to 69-1217.
(4) Each licensee shall furnish with the application a blank copy of the contract that the licensee intends to use between the licensee and the debtor and shall notify the secretary of all changes and amendments thereto within thirty days after such changes and amendments.
(5) The license issued under sections 69-1201 to 69-1217 shall expire on December 31 next following its issuance unless sooner surrendered, revoked, or suspended, but may be renewed as provided in such sections.
(6) The secretary shall remit the fees received pursuant to this section to the State Treasurer for credit to the Secretary of State Cash Fund.
Source
Laws 1967, c. 377, § 4, p. 1180;
Laws 1982, LB 928, § 50;
Laws 1983, LB 447, § 83;
Laws 1993, LB 121, § 411;
Laws 1997, LB 752, § 155;
Laws 2020, LB910, § 29.
2023 Nebraska Revised Statutes › Chapter 69 - Personal Property › 69-1205 - License; application; investigation; issuance.

69-1205.
License; application; investigation; issuance.
Upon the filing of the application and the payment of the fees and the approval of the bond, the secretary shall investigate the facts and if he or she finds that the financial responsibility, experience, character, and general fitness of the applicant and of the members thereof, if the applicant is a partnership, a limited liability company, or an association, and of the officers and directors thereof, if the applicant is a corporation, are such as to command the confidence of the community to warrant belief that the business will be operated fairly and honestly within the purposes of sections 69-1201 to 69-1217 and that the applicant or the applicant and the members thereof or the applicant and the officers and directors thereof have not been convicted of a felony, or that such person has not had a record of having defaulted in the payment of money collected for others, including the discharge of such debts through bankruptcy proceedings, the secretary shall issue the applicant a license to engage in the debt management business in accordance with sections 69-1201 to 69-1217. The secretary may require as part of the application a credit report and other information.
Source
Laws 1967, c. 377, § 5, p. 1181;
Laws 1993, LB 121, § 412.
2023 Nebraska Revised Statutes › Chapter 69 - Personal Property › 69-1206 - License; renewal; fee; bond.

69-1206.
License; renewal; fee; bond.
Each licensee on or before December 1 may make application to the secretary for renewal of its license. The application shall be on the form prescribed by the secretary and shall be accompanied by a fee of one hundred dollars, together with a bond as in the case of an original application. A separate application shall be made for each office. The secretary shall remit the fees received pursuant to this section to the State Treasurer for credit to the Secretary of State Cash Fund.
Source
Laws 1967, c. 377, § 6, p. 1182;
Laws 1982, LB 928, § 51;
Laws 2020, LB910, § 30.
2023 Nebraska Revised Statutes › Chapter 69 - Personal Property › 69-1207 - License; Secretary of State; deny; revoke; suspend; nontransferable.

69-1207.
License; Secretary of State; deny; revoke; suspend; nontransferable.
(1) The secretary may deny, revoke or suspend any license issued or applied for under sections 69-1201 to 69-1217 for the following causes:
(a) Conviction of a felony;
(b) For violating any of the provisions of sections 69-1201 to 69-1217;
(c) For fraud or deceit in procuring the issuance of a license under sections 69-1201 to 69-1217;
(d) For indulging in a continuous course of unfair conduct; or
(e) For insolvency, being adjudicated a bankrupt, being placed in receivership, or assigning for the benefit of creditors by any licensee or applicant for a license under sections 69-1201 to 69-1217.
(2) The denial, revocation or suspension shall only be made upon specific charges in writing, under oath, filed with the secretary, whereupon a hearing shall be had as to the reasons for any denial, revocation or suspension and a certified copy of the charges shall be served on the licensee or applicant for license not less than ten days nor more than thirty days prior to the hearing.
(3) No license shall be transferable or assignable.
Source
Laws 1967, c. 377, § 7, p. 1182.
2023 Nebraska Revised Statutes › Chapter 69 - Personal Property › 69-1208 - Rules and regulations; promulgation.

69-1208.
Rules and regulations; promulgation.
Rules and regulations issued by the secretary under sections 69-1201 to 69-1217 shall be promulgated in accordance with the provisions of the Administrative Procedure Act.
Source
Laws 1967, c. 377, § 8, p. 1182.
Cross References
Administrative Procedure Act, see section 84-920.
2023 Nebraska Revised Statutes › Chapter 69 - Personal Property › 69-1209 - Licensee; contract with debtor required; contents.

69-1209.
Licensee; contract with debtor required; contents.
Each licensee shall make a written contract between himself and a debtor and immediately furnish the debtor with a true copy of the contract. The contract shall set forth the complete list of the debtor's obligations to be adjusted, a complete list of the creditors holding such obligations, the total charges agreed upon for the services of the licensee and the beginning and expiration date of the contract. No contract shall extend for a period longer than thirty-six months.
Source
Laws 1967, c. 377, § 9, p. 1182.
2023 Nebraska Revised Statutes › Chapter 69 - Personal Property › 69-1210 - Licensee; bank account; separate; books and records.

69-1210.
Licensee; bank account; separate; books and records.
A licensee shall maintain a separate bank account for the benefit of debtors in which all payments received from debtors for the benefit of creditors shall be deposited and in which all payments shall remain until a remittance is made to either the debtor, creditor, or the licensee for fees. Every licensee shall keep, and use in his business, books, accounts and records which will enable the secretary to determine whether such licensee is complying with the provisions of sections 69-1201 to 69-1217 and with the rules and regulations of the secretary. Every licensee shall preserve such books, accounts and records for at least five years after making the final entry on any transaction recorded therein.
Source
Laws 1967, c. 377, § 10, p. 1183.
2023 Nebraska Revised Statutes › Chapter 69 - Personal Property › 69-1211 - Licensee; examination; cost; payment.

69-1211.
Licensee; examination; cost; payment.
The secretary may examine without notice the condition and affairs of each licensee. In connection with any examination, the secretary may examine on oath any licensee, and any director, officer, employee, customer, creditor or stockholder of a licensee concerning the affairs and business of the licensee. The secretary shall ascertain whether the licensee transacts its business in the manner prescribed by law and the rules and regulations issued thereunder. The licensee shall pay the actual cost of the examination as determined by the secretary, which fee shall be deposited in the state treasury to the credit of the General Fund. Failure to pay the examination fee within thirty days of receipt of demand from the secretary shall automatically suspend the license until the fee is paid.
In the investigation of alleged violations of sections 69-1201 to 69-1217, the secretary may compel the attendance of any person or the production of any books, accounts, records and files used therein, and may examine under oath all persons in attendance pursuant thereto.
Source
Laws 1967, c. 377, § 11, p. 1183.
2023 Nebraska Revised Statutes › Chapter 69 - Personal Property › 69-1212 - Licensee; debtor; fee; agreement; limitations.

69-1212.
Licensee; debtor; fee; agreement; limitations.
The fee of the licensee to be charged the debtor shall be agreed upon in advance and stated in the contract and provision for settlement in case of cancellation or prepayment shall be clearly stated in the contract. The total fee to be charged by the licensee shall not be more than fifteen percent of the amount of money agreed to be paid through the licensee. Fees shall be amortized over the length of the contract and no more than the monthly amortized amount may be applied to charges while the contract is in full force and effect, except that the licensee may require an initial payment by the debtor of an amount not to exceed twenty-five dollars which shall be credited to the total fee to be charged. In the event of cancellation, the licensee shall be entitled to receive not more than twenty-five percent of the remaining unamortized fee agreed upon in the contract. No licensee shall be entitled to any fee or charge against the debtor upon any contract until the debt management program is arranged and approved by the debtor. A contract shall not be effective until a debtor has made a payment to the licensee for distribution to his creditors.
Source
Laws 1967, c. 377, § 12, p. 1183.
2023 Nebraska Revised Statutes › Chapter 69 - Personal Property › 69-1213 - Licensee; duties.

69-1213.
Licensee; duties.
Each licensee shall:
(1) Keep complete and adequate records during the term of the contract and for a period of five years from the date of cancellation or completion of the contract with each debtor, which records shall contain complete information regarding the contract, extensions thereof, payments, disbursements and charges, which records shall be open to inspection by the secretary and his duly appointed agents during normal business hours;
(2) Make remittances to creditors within fifteen days after receipt of any funds, and within seven days if such funds are in the form of cash, less fees and costs, unless the reasonable payment of one or more of the debtor's obligations requires that such funds be held for a longer period so as to accumulate a sum certain. In no case may the licensee retain funds longer than thirty-five days after receipt from the debtor;
(3) Upon request furnish the debtor a written statement of his account each ninety days, or a verbal accounting at any time the debtor may request it during normal business hours;
(4) Accept no account unless a written and thorough budget analysis indicates that the debtor can reasonably meet the payments required by the budget analysis; and
(5) In the event a compromise of a debt is arranged by the licensee with any one or more creditors, the debtor shall have the full benefit of that compromise.
Source
Laws 1967, c. 377, § 13, p. 1184.
2023 Nebraska Revised Statutes › Chapter 69 - Personal Property › 69-1214 - Licensee; acts forbidden.

69-1214.
Licensee; acts forbidden.
No licensee shall:
(1) Purchase from a creditor any obligation of a debtor;
(2) Operate as a collection agent and as a licensee as to the same debtor's account;
(3) Execute any contract or agreement to be signed by the debtor unless the contract or agreement is fully and completely filled in and finished;
(4) Receive or charge any fee in the form of a promissory note or other promise to pay, or receive or accept any mortgage or other security for any fee, either as to real or personal property;
(5) Pay any bonus or other consideration to any person for the referral of a debtor to his business, nor shall he accept or receive any bonus, commission or other consideration for referring any debtor to any person for any reason; or
(6) Advertise his services, display, distribute, broadcast or televise or permit to be displayed, advertised, distributed, broadcasted or televised his services in any manner whatsoever wherein is made any false, misleading or deceptive statement or representation with regard to the services to be performed by the licensee or the charges to be made therefor.
Source
Laws 1967, c. 377, § 14, p. 1185.
2023 Nebraska Revised Statutes › Chapter 69 - Personal Property › 69-1215 - Unlawful acts; penalty.

69-1215.
Unlawful acts; penalty.
Any person, partnership, limited liability company, association, corporation, or other group of individuals, however organized, or any owner, partner, member, officer, director, employee, agent, or representative thereof who willfully or knowingly engages in the business of debt management without the license required by sections 69-1201 to 69-1217 shall be guilty of a Class II misdemeanor.
Source
Laws 1967, c. 377, § 15, p. 1185;
Laws 1977, LB 39, § 134;
Laws 1993, LB 121, § 413.
2023 Nebraska Revised Statutes › Chapter 69 - Personal Property › 69-1216 - Limitation of actions.

69-1216.
Limitation of actions.
All actions in any of the courts of this state under the provisions of sections 69-1201 to 69-1217 shall be commenced within two years next after the cause of action shall accrue.
Source
Laws 1967, c. 377, § 16, p. 1185.
2023 Nebraska Revised Statutes › Chapter 69 - Personal Property › 69-1217 - Fees; disposition.

69-1217.
Fees; disposition.
All fees collected under the provisions of sections 69-1201 to 69-1217 shall be paid promptly into the state treasury to the credit of the General Fund.
Source
Laws 1967, c. 377, § 17, p. 1186.
2023 Nebraska Revised Statutes › Chapter 69 - Personal Property › 69-1301 - Terms, defined.

69-1301.
Terms, defined.
As used in the Uniform Disposition of Unclaimed Property Act unless the context otherwise requires:
(a) Banking organization means any bank, trust company, savings bank, industrial bank, land bank, or safe deposit company.
(b) Business association means any corporation, joint-stock company, business trust, partnership, limited liability company, or association for business purposes of two or more individuals, but does not include a public corporation.
(c) Financial organization means any savings and loan association, building and loan association, credit union, cooperative bank, or investment company, doing business in this state.
(d) General-use prepaid card means a plastic card or other electronic payment device usable with multiple, unaffiliated sellers of goods or services.
(e) Holder means any person in possession of property subject to the act belonging to another, or who is trustee in case of a trust, or is indebted to another on an obligation subject to the act.
(f) Life insurance corporation means any association or corporation transacting within this state the business of insurance on the lives of persons or insurance appertaining thereto, including, but not limited to, endowments and annuities.
(g) Military medal means any decoration or award that may be presented or awarded to a member of a unit of the United States Armed Forces or National Guard.
(h) Owner means a depositor in case of a deposit, a beneficiary in case of a trust, a creditor, claimant, or payee in case of other choses in action, or any person having a legal or equitable interest in property subject to the act, or his or her legal representative.
(i) Person means any individual, business association, governmental or political subdivision, public corporation, public authority, estate, trust, two or more persons having a joint or common interest, or any other legal or commercial entity.
(j) Utility means any person who owns or operates within this state, for public use, any plant, equipment, property, franchise, or license for the transmission of communications or the production, storage, transmission, sale, delivery, or furnishing of electricity, water, steam, or gas.
Source
Laws 1969, c. 611, § 1, p. 2478;
Laws 1992, Third Spec. Sess., LB 26, § 3;
Laws 1993, LB 121, § 414;
Laws 2003, LB 131, § 34;
Laws 2006, LB 173, § 1;
Laws 2012, LB819, § 1.
Annotations
The State Board of Agriculture while operating parimutuel betting is a business association, as contemplated by the Uniform Disposition of Unclaimed Property Act. State ex rel. Marsh v. Nebraska St. Bd. of Agr., 217 Neb. 622, 350 N.W.2d 535 (1984).
2023 Nebraska Revised Statutes › Chapter 69 - Personal Property › 69-1303 - Unclaimed funds held and owing by a life insurance corporation; presumed abandoned; when.

69-1303.
Unclaimed funds held and owing by a life insurance corporation; presumed abandoned; when.
(a) Unclaimed funds, as defined in this section, held and owing by a life insurance corporation shall be presumed abandoned if the last-known address, according to the records of the corporation, of the person entitled to the funds is within this state. If a person other than the insured or annuitant is entitled to the funds and no address of such person is known to the corporation or if it is not definite and certain from the records of the corporation what person is entitled to the funds, it is presumed that the last-known address of the person entitled to the funds is the same as the last-known address of the insured or annuitant according to the records of the corporation.
(b) Unclaimed funds, as used in this section, means all money held and owing by any life insurance corporation unclaimed and unpaid for more than five years after the money became due and payable as established from the records of the corporation under any life or endowment insurance policy or annuity contract which has matured or terminated. A life insurance policy not matured by actual proof of the death of the insured is deemed to be matured and the proceeds thereof are deemed to be due and payable if such policy was in force when the insured attained the limiting age under the mortality table on which the reserve is based, unless the person appearing entitled thereto has within the preceding five years, (1) assigned, readjusted, or paid premiums on the policy, or subjected the policy to loan, or (2) corresponded in writing with the life insurance corporation concerning the policy. Money otherwise payable according to the records of the corporation are deemed due and payable although the policy or contract has not been surrendered as required.
Source
Laws 1969, c. 611, § 3, p. 2480;
Laws 1977, LB 305, § 2;
Laws 1992, Third Spec. Sess., LB 26, § 5.
2023 Nebraska Revised Statutes › Chapter 69 - Personal Property › 69-1304 - Funds held or owing by any utility; presumed abandoned; when.

69-1304.
Funds held or owing by any utility; presumed abandoned; when.
The following funds held or owing by any utility are presumed abandoned:
(a) Any deposit made by a subscriber with a utility to secure payment for, or any sum paid in advance for, utility services to be furnished in this state, less any lawful deductions, that has remained unclaimed by the person appearing on the records of the utility entitled thereto for more than three years after the termination of the services for which the deposit or advance payment was made.
(b) Any sum which a utility has been ordered to refund and which was received for utility services rendered in this state, together with any interest thereon, less any lawful deductions, that has remained unclaimed by the person appearing on the records of the utility entitled thereto for more than three years after the date it became payable in accordance with the final determination or order providing for the refund.
Source
Laws 1969, c. 611, § 4, p. 2481;
Laws 1977, LB 305, § 3;
Laws 1992, Third Spec. Sess., LB 26, § 6.