reglab/statecodes huggingface dataset:
2023 Nebraska Revised Statutes › Chapter 2 - Agriculture › 2-4219 - Loans; optional requirements.

2-4219.
Loans; optional requirements.
Prior to exercising any of the powers conferred by sections 2-4216 and 2-4217, the corporation may:
(1) Require that the conservation loan or natural resource development loan involved be insured by an insurer;
(2) Require any other type of security that it deems reasonable and necessary and which, in the case of a political subdivision, such political subdivision is authorized by law to grant; and
(3) Require appropriate evidence in the form of an opinion of counsel that any natural resource development loan is duly authorized and valid under the statutes governing the powers and procedures of such political subdivision.
Source
Laws 1981, LB 385, § 19;
Laws 1983, LB 20, § 9;
Laws 1985, LB 387, § 13.
2023 Nebraska Revised Statutes › Chapter 2 - Agriculture › 2-4220 - Rules and regulations; subject matter.

2-4220.
Rules and regulations; subject matter.
Prior to carrying out any of the powers granted under sections 2-4216 and 2-4217, the corporation shall adopt and promulgate rules and regulations governing its activities authorized under the Conservation Corporation Act, including rules and regulations relating to any or all of the following:
(1) The number and location of the conservation practices and natural resource development practices, including, to the extent reasonably possible, assurance that the conservation practices or natural resource development practices to be financed by an issue of bonds or series of issues will be adequate, as determined by the corporation, to be financed directly or indirectly by the lenders or by an issue of bonds of the corporation;
(2) Rates, fees, charges, and other terms and conditions of making, originating, or servicing conservation loans in order to protect against realization of an excessive financial return or benefit by the originator or servicer;
(3) The type and the amount of collateral or security to be provided to assure repayment of conservation loans or natural resource development loans or of deposits made to lenders under section 2-4216;
(4) The type of collateral, payment bond, performance bond, or other security to be provided by the lending institutions making conservation loans under section 2-4216 or originating and servicing conservation loans under section 2-4217;
(5) The nature and amount of fees to be charged by the corporation to provide for expenses and reserves of the corporation;
(6) Standards and requirements for the allocation of available money and the determination of the maturities, terms, conditions, and interest rates for conservation loans or natural resource development loans made, purchased, sold, assigned, or committed;
(7) Commitment requirements for conservation practices and financing for landowners by lending institutions involving money provided directly or indirectly by the lender; or
(8) Any other matters related to the duties or exercise of the corporation's powers or duties under the Conservation Corporation Act.
Source
Laws 1981, LB 385, § 20;
Laws 1983, LB 20, § 10;
Laws 1985, LB 387, § 14.
2023 Nebraska Revised Statutes › Chapter 2 - Agriculture › 2-4221 - Corporation; borrow money; issue bonds; purposes.

2-4221.
Corporation; borrow money; issue bonds; purposes.
The corporation shall have the power to borrow money and to issue from time to time its bonds in such principal amounts as the corporation determines shall be necessary to provide sufficient funds to carry out its purposes as provided in sections 2-4201 to 2-4246, including:
(1) To carry out the powers provided in sections 2-4216 and 2-4217;
(2) The payment of interest on bonds of the corporation;
(3) The establishment of reserves to secure the bonds; and
(4) All other expenditures of the corporation incident to or necessary and convenient to carrying out its purposes and powers.
Source
Laws 1981, LB 385, § 21;
Laws 1983, LB 20, § 11.
2023 Nebraska Revised Statutes › Chapter 2 - Agriculture › 2-4222 - Bond issuance; pay or refund bonds.

2-4222.
Bond issuance; pay or refund bonds.
The corporation shall have the power to issue from time to time bonds to pay bonds, including the interest thereon and, whenever it deems refunding expedient, to refund any bonds by the issuance of new bonds used partly to refund outstanding bonds and partly for any other of its corporate purposes. The refunding bonds may be sold and the proceeds applied to the purchase, redemption, or payment of the bonds to be refunded, or exchanged for the bonds to be refunded. The proceeds from the bonds may also be used for capitalized interest, legal and consulting fees, and issuance expenses.
Source
Laws 1981, LB 385, § 22.
2023 Nebraska Revised Statutes › Chapter 2 - Agriculture › 2-4223 - Bond issuance; general obligation; how paid and secured.

2-4223.
Bond issuance; general obligation; how paid and secured.
Except as may otherwise be expressly provided by the corporation, every issue of its bonds shall be a general obligation of the corporation payable solely out of any revenue or money of the corporation, subject only to any agreements with the holders of particular bonds pledging any particular money or revenue. The bonds may be additionally secured by a pledge of any grant or contribution from the federal government, state or local government, or any corporation, association, institution, or person or a pledge of any money, income, or revenue of the corporation from any source.
Source
Laws 1981, LB 385, § 23.
2023 Nebraska Revised Statutes › Chapter 2 - Agriculture › 2-4224 - Bond issuance; not obligation of state; statement required.

2-4224.
Bond issuance; not obligation of state; statement required.
No bonds issued by the corporation under sections 2-4201 to 2-4246 shall constitute a debt, liability, or general obligation of this state, or a pledge of the faith and credit of this state, but shall be payable solely as provided by section 2-4223. Each bond issued under sections 2-4201 to 2-4246 shall contain on the face thereof a statement that neither the faith and credit nor the taxing power of this state is pledged to the payment of the principal of or the interest on such bond.
Source
Laws 1981, LB 385, § 24.
2023 Nebraska Revised Statutes › Chapter 2 - Agriculture › 2-4225 - Acceptance of money; when.

2-4225.
Acceptance of money; when.
The corporation shall have the authority to accept money from any county or any natural resources district, and any other funds, including private funds, solely for the purpose of reducing the interest on conservation loans or in specific geographic areas wherein lies a designated critical need for conservation practices.
Source
Laws 1981, LB 385, § 25;
Laws 1983, LB 20, § 12.
2023 Nebraska Revised Statutes › Chapter 2 - Agriculture › 2-4226 - Bonds; authorized; resolution; contents; sale; manner.

2-4226.
Bonds; authorized; resolution; contents; sale; manner.
The bonds shall be authorized by resolution of the corporation, shall bear such date or dates, and shall mature at such time or times as such resolution may provide, except that no bond shall mature more than fifty years from the date of its issue, as the resolution shall provide. The bonds shall bear interest at such rates, or rate, be in such denominations, be in such form, either coupon or registered, carry such registration privileges, be executed in such manner, be payable in such medium of payment, at such place or places, and be subject to such terms of redemption, including redemption prior to maturity, as such resolution may provide. Section 10-126 shall not apply to bonds issued by the corporation. Bonds of the corporation may be sold by the corporation at public or private sale and at such price or prices as the corporation shall determine. Such bonds shall be executed in the name and on behalf of the corporation and signed by the manual or facsimile signatures of the chairperson and secretary-treasurer with the seal of the corporation affixed thereto. Coupons attached to the bonds may bear facsimile or lithographic signatures of the chairperson and secretary-treasurer of the corporation.
Source
Laws 1981, LB 385, § 26;
Laws 1985, LB 387, § 15.
2023 Nebraska Revised Statutes › Chapter 2 - Agriculture › 2-4227 - Bond issuance; resolution; provisions; part of contract with bond holders.

2-4227.
Bond issuance; resolution; provisions; part of contract with bond holders.
Any resolution authorizing the issuance of bonds may contain provisions, which shall be a part of the contract or contracts with the holders of such bonds, as to:
(1) Pledging all or any part of the revenue of the corporation to secure the payment of the bonds, subject to such agreements with bondholders as may then exist;
(2) Pledging all or any part of the assets of the corporation, including conservation loans or natural resource development loans, to secure the principal of and the interest on such bonds, subject to such agreement with bondholders as may then exist;
(3) The use and disposition of the gross income from conservation loans or natural resource development loans owned by the corporation and payment of the principal of conservation loans or natural resource development loans owned by the corporation;
(4) The setting aside of reserves or sinking funds and the regulation and disposition thereof;
(5) Limitations on the purposes to which the proceeds from the sale of bonds may be applied and pledging the proceeds to secure the payment of the bonds;
(6) Limitations on the issuance of additional bonds, the terms upon which additional bonds may be issued and secured, and the refunding of outstanding or other bonds;
(7) The procedure, if any, by which the terms of any contract with bondholders may be amended or abrogated, the amount of bonds the holders of which may consent thereto, and the manner in which the consent may be given;
(8) Limitations on the amount of money to be expended by the corporation for operating expenses of the corporation;
(9) Vesting in a trustee or trustees such property, rights, powers, and duties in trust as the corporation may determine, and limiting or abrogating the right of bondholders to appoint a trustee or limiting the rights, powers, and duties of the trustee;
(10) Defining the acts or omissions to act which shall constitute a default and the obligations or duties of the corporation to the holders of the bonds, and providing for the rights and remedies of the holders of the bonds in the event of default, including as a matter of right the appointment of a receiver; but the rights and remedies shall not be inconsistent with the general laws of this state and other provisions of the Conservation Corporation Act; and
(11) Any other matter, of like or different character, which in any way affects the security or protection of the holders of the bonds.
Source
Laws 1981, LB 385, § 27;
Laws 1983, LB 20, § 13;
Laws 1985, LB 387, § 16.
2023 Nebraska Revised Statutes › Chapter 2 - Agriculture › 2-4228 - Pledge; effect; lien; recording not required.

2-4228.
Pledge; effect; lien; recording not required.
Any pledge made by the corporation shall be valid and binding from the time when the pledge is made. The revenue, money, or properties so pledged and thereafter received by the corporation shall immediately be subject to the lien of such pledge without any physical delivery thereof or further act, and the lien of any such pledge shall be valid and binding as against all parties having claims of any kind in tort, contract, or otherwise against the corporation, irrespective of whether the parties have notice thereof. Neither the resolution nor any other instrument by which a pledge is created need be recorded.
Source
Laws 1981, LB 385, § 28.
2023 Nebraska Revised Statutes › Chapter 2 - Agriculture › 2-4229 - Corporation; purchase bonds of corporation; canceled; price.

2-4229.
Corporation; purchase bonds of corporation; canceled; price.
The corporation, subject to such agreements with bondholders as may then exist, shall have power out of any funds available therefor to purchase bonds of the corporation, which shall thereupon be canceled, at any reasonable price which, if the bonds are then redeemable, shall not exceed the redemption price then applicable plus accrued interest to the next interest payment thereon.
Source
Laws 1981, LB 385, § 29.
2023 Nebraska Revised Statutes › Chapter 2 - Agriculture › 2-4230 - Bonds; secured by trust indenture; expenses; how treated.

2-4230.
Bonds; secured by trust indenture; expenses; how treated.
The bonds may be secured by a trust indenture by and between the corporation and a corporate trustee which may be any bank having the power of a trust company or any trust company within or without the state. Such trust indenture may contain such provisions for protecting and enforcing the rights and remedies of the bondholders as may be reasonable and proper and not in violation of law, including covenants setting forth the duties of the corporation in relation to the exercise of its powers and the custody, safekeeping, and application of all money. The corporation may provide by the trust indenture for the payment of the proceeds of the bonds and revenue to the trustee under the trust indenture or other depository, and for the method of disbursement thereof, with such safeguards and restrictions as the corporation may determine. All expenses incurred in carrying out the trust indenture may be treated as a part of the operating expenses of the corporation. If the bond shall be secured by a trust indenture, the bondholders shall have no authority to appoint a separate trustee to represent them.
Source
Laws 1981, LB 385, § 30.
2023 Nebraska Revised Statutes › Chapter 2 - Agriculture › 2-4232 - Bonds; signatures of prior officers or members; validity.

2-4232.
Bonds; signatures of prior officers or members; validity.
In the event that any of the officers or members of the board of directors shall cease to be members or officers of the corporation prior to the delivery of any bonds or coupons signed by them, their signatures or facsimiles thereof shall nevertheless be valid and sufficient for all purposes, the same as if such members or officers had remained in office until such delivery.
Source
Laws 1981, LB 385, § 32.
2023 Nebraska Revised Statutes › Chapter 2 - Agriculture › 2-4233 - Person executing bonds; not subject to personal liability.

2-4233.
Person executing bonds; not subject to personal liability.
Neither the members of the board of directors of the corporation nor any other person executing the bonds issued under the Conservation Corporation Act shall be subject to personal liability or accountability by reason of the issuance thereof.
Source
Laws 1981, LB 385, § 33;
Laws 1985, LB 387, § 17.
2023 Nebraska Revised Statutes › Chapter 2 - Agriculture › 2-4234 - Capital reserve fund; creation; expenditures.

2-4234.
Capital reserve fund; creation; expenditures.
The corporation may, if it deems the same desirable, create and establish a capital reserve fund for an issue of bonds or more than one issue of bonds. The corporation may create and establish one or more than one capital reserve fund. The capital reserve fund may be created and established from:
(1) Any proceeds of the sale of bonds, to the extent provided in the resolution of the corporation authorizing the issuance of such bonds;
(2) Money directed by the corporation to be transferred to such capital reserve fund; and
(3) Any other money which may be made available to the corporation for such fund from any other source or sources.
All money held in any capital reserve fund shall be used, as required, solely for the payment of the principal of bonds or of the sinking fund payments with respect to the bonds, the purchase or redemption of bonds, the payment of the interest on the bonds, or the payment of any redemption premium required to be paid when the bonds are redeemed prior to maturity.
Source
Laws 1981, LB 385, § 34.
2023 Nebraska Revised Statutes › Chapter 2 - Agriculture › 2-4235 - Capital reserve fund; withdrawals; when; income or interest earned; use.

2-4235.
Capital reserve fund; withdrawals; when; income or interest earned; use.
Money in any capital reserve fund, if such fund is created, shall not be withdrawn therefrom at any time in an amount that would reduce the level of money in such fund to less than the applicable capital reserve fund requirement, as such requirement is defined in the trust indenture creating the same, except for the purposes of paying the principal and the redemption price of or interest on the bonds and the sinking fund payment with respect to the bonds, as the same become due, and for the payment of which other money of the corporation is not available. Any income or interest earned by the investment of money held in any such capital reserve fund may be transferred by the corporation to other funds or accounts of the corporation to the extent that the transfer does not reduce the amount of such capital reserve fund to below the capital reserve fund requirement applicable thereto.
Source
Laws 1981, LB 385, § 35;
Laws 1983, LB 20, § 14.
2023 Nebraska Revised Statutes › Chapter 2 - Agriculture › 2-4236 - Bond issuance; capital reserve fund; applicability.

2-4236.
Bond issuance; capital reserve fund; applicability.
The corporation may provide by resolution that it shall not issue bonds under a resolution at any time if upon issuance the amount in the capital reserve fund which will secure the bonds shall be less than the applicable capital reserve fund requirement, unless the corporation at the time of issuance of the bonds shall deposit in such capital reserve fund from the proceeds of the bonds to be issued, or other sources, an amount which, together with the amount then in such capital reserve fund, shall not be less than the applicable capital reserve fund requirement.
Source
Laws 1981, LB 385, § 36.
2023 Nebraska Revised Statutes › Chapter 2 - Agriculture › 2-4237 - Capital reserve fund; value; how computed.

2-4237.
Capital reserve fund; value; how computed.
In computing the amount of the capital reserve fund for the purposes of sections 2-4201 to 2-4246, securities in which all or a portion of the fund shall be invested shall be valued at a par, cost, or by such other method of valuation as the corporation may provide by resolution.
Source
Laws 1981, LB 385, § 37.
2023 Nebraska Revised Statutes › Chapter 2 - Agriculture › 2-4239 - Money; deposits; secured; expenditures.

2-4239.
Money; deposits; secured; expenditures.
All money of the corporation, except as otherwise authorized or provided in sections 2-4201 to 2-4246, shall be deposited as soon as practical in a separate account or accounts in banks or trust companies organized under the laws of this state or in the national banking associations. The money in such accounts shall be paid out on checks signed by the administrator or other officers or employees of the corporation as the corporation shall authorize. All deposits of money shall, if required by the corporation, be secured in such a manner as the corporation determines to be prudent, and all banks or trust companies are authorized to give security for the deposits.
Source
Laws 1981, LB 385, § 39.
2023 Nebraska Revised Statutes › Chapter 2 - Agriculture › 2-4240 - Contract with bondholders; purposes; money; how secured.

2-4240.
Contract with bondholders; purposes; money; how secured.
Notwithstanding the provisions of section 2-4239, the corporation shall have the power to contract with the holders of any of its bonds as to the custody, collection, security, investment, and payment of any money of the corporation and of any money held in trust or otherwise for the payment of bonds, and to carry out such contract. Money held in trust or otherwise for the payment of bonds or in any way to secure bonds and deposits of money may be secured in the same manner as money of the corporation, and all banks and trust companies are authorized to give security for the deposits.
Source
Laws 1981, LB 385, § 40.
2023 Nebraska Revised Statutes › Chapter 2 - Agriculture › 2-4241 - Bondholders; pledge of the state.

2-4241.
Bondholders; pledge of the state.
The state does hereby pledge to and agree with the holder of any bonds issued under sections 2-4201 to 2-4246 that the state will not limit or alter the rights vested in the corporation to fulfill the terms of any agreements made with the holders thereof or in any way impair the rights or remedies of the holders until the bonds, together with the interest thereon, with interest or any unpaid installments of interest, and all costs and expenses in connection with any action or proceeding by or on behalf of the holders, are fully met and discharged. The corporation is authorized to include this pledge and agreement of the state in any agreement with the holders of the bonds.
Source
Laws 1981, LB 385, § 41.
2023 Nebraska Revised Statutes › Chapter 2 - Agriculture › 2-4242 - Expenses; how paid; liability of state prohibited.

2-4242.
Expenses; how paid; liability of state prohibited.
All expenses incurred by the corporation in carrying out the Conservation Corporation Act shall be payable solely from funds provided under such act, and nothing in such act shall be construed to authorize the corporation to incur debts, indebtedness, or liability on behalf of or payable by this state.
Source
Laws 1981, LB 385, § 42;
Laws 1985, LB 387, § 18.
2023 Nebraska Revised Statutes › Chapter 2 - Agriculture › 2-4243 - Property, income, and bonds; exempt from taxation; dissolution; assets; how treated.

2-4243.
Property, income, and bonds; exempt from taxation; dissolution; assets; how treated.
All property acquired or held by the corporation under the Conservation Corporation Act is declared to be public property. The property to the extent used for a public purpose, all the income therefrom, bonds issued under the act, interest payable thereon, and income derived therefrom, shall at all times be exempt from all taxes imposed by this state or any county, any city, or any other political subdivision of this state. The corporation may, in the resolution authorizing the issuance of any series of bonds, elect to have the income on such bonds be subject to personal income taxation imposed by this state. If the corporation is dissolved after all indebtedness and other obligations of the corporation are discharged, its remaining assets shall inure to the benefit of the State of Nebraska.
Source
Laws 1981, LB 385, § 43;
Laws 2001, LB 173, § 1.
2023 Nebraska Revised Statutes › Chapter 2 - Agriculture › 2-4244 - Bonds; legal investment; considered securities.

2-4244.
Bonds; legal investment; considered securities.
The bonds issued by and under the authority of sections 2-4201 to 2-4246 by the corporation are declared to be legal investments in which all public officers or public bodies of this state, its political subdivisions, all municipalities and municipal subdivisions, all insurance companies and associations, and other persons carrying on insurance business, all banks, bankers, banking associations, trust companies, savings associations, including savings and loan associations, building and loan associations, investment companies, and other persons carrying on a banking business, all administrators, guardians, executors, trustees, and other fiduciaries, and all other persons who are now or may later be authorized to invest in bonds or in other obligations of this state, may invest funds, including capital, in their control or belonging to them. Such bonds are also hereby made securities which may be deposited with and received by all public officials and bodies of this state or any agency or political subdivision of this state and all municipalities and public corporations for any purpose for which the deposit of bonds or other obligations of this state is now or may be later authorized by law.
Source
Laws 1981, LB 385, § 44.
2023 Nebraska Revised Statutes › Chapter 2 - Agriculture › 2-4245 - Annual report; contents; audit.

2-4245.
Annual report; contents; audit.
The corporation shall, following the close of each fiscal year, submit an annual report of its activities for the preceding year to the Governor and the Clerk of the Legislature. The report submitted to the Clerk of the Legislature shall be submitted electronically. Each member of the Legislature shall receive an electronic copy of such report by making a request for it to the administrator of the corporation. Each report shall set forth a complete operating and financial statement for the corporation during the fiscal year it covers. An independent certified public accountant shall at least once in each year audit the books and accounts of the corporation.
Source
Laws 1981, LB 385, § 45;
Laws 2012, LB782, § 7.
2023 Nebraska Revised Statutes › Chapter 2 - Agriculture › 2-4246 - Sections, how construed.

2-4246.
Sections, how construed.
Nothing in sections 2-4201 to 2-4246 is or shall be construed as a restriction or limitation upon any power which the corporation might otherwise have under any other law of this state, and sections 2-4201 to 2-4246 is cumulative to such powers. Sections 2-4201 to 2-4246 do and shall be construed to provide a complete, additional, and alternative method for the doing of the things authorized and shall be regarded as supplemental and additional to powers conferred by any other laws. Issuance of bonds under the provisions of sections 2-4201 to 2-4246 need not comply with the requirements of any other state laws applicable to the issuance of bonds, notes, and other obligations. No proceedings, notice, or approval shall be required for the issuance of any bonds or any instrument or the security thereof, except as provided in sections 2-4201 to 2-4246. All conservation practices for which funds are advanced, loaned, or otherwise provided by the corporation under sections 2-4201 to 2-4246 must be in compliance with any land-use, zoning, and other laws of this state applicable to the land upon which such conservation practices are to be constructed or implemented.
Source
Laws 1981, LB 385, § 46.
2023 Nebraska Revised Statutes › Chapter 2 - Agriculture › 2-4301 - Act, how cited.

2-4301.
Act, how cited.
Sections 2-4301 to 2-4327 shall be known and may be cited as the Agricultural Liming Materials Act.
Source
Laws 1981, LB 396, § 1;
Laws 1988, LB 871, § 26.
2023 Nebraska Revised Statutes › Chapter 2 - Agriculture › 2-4302 - Definitions, where found.

2-4302.
Definitions, where found.
As used in the Agricultural Liming Materials Act, unless the context otherwise requires, the definitions in sections 2-4303 to 2-4318.01 shall apply.
Source
Laws 1981, LB 396, § 2;
Laws 1983, LB 539, § 1.
2023 Nebraska Revised Statutes › Chapter 2 - Agriculture › 2-4303 - Agricultural liming material, defined.

2-4303.
Agricultural liming material, defined.
Agricultural liming material shall mean material which is distributed for agricultural purposes whose calcium and magnesium compounds are capable of neutralizing soil acidity, including limestone, burnt lime, hydrated lime, marl, an industrial byproduct, and agricultural lime slurry.
Source
Laws 1981, LB 396, § 3;
Laws 1983, LB 539, § 2.
2023 Nebraska Revised Statutes › Chapter 2 - Agriculture › 2-4310 - Fineness, defined.

2-4310.
Fineness, defined.
Fineness shall mean the percentage by weight of the material which will pass standard sieves of specified sizes to be determined by the director pursuant to section 2-4319.
Source
Laws 1981, LB 396, § 10;
Laws 1983, LB 539, § 3.
2023 Nebraska Revised Statutes › Chapter 2 - Agriculture › 2-4314 - Calcium carbonate equivalent, defined.

2-4314.
Calcium carbonate equivalent, defined.
Calcium carbonate equivalent shall mean the acid-neutralizing capacity of an agricultural liming material expressed as a weight percentage of calcium carbonate. The weight of water contained by the liming material shall be included when calculating the calcium carbonate equivalent.
Source
Laws 1981, LB 396, § 14.
2023 Nebraska Revised Statutes › Chapter 2 - Agriculture › 2-4316 - Agricultural lime slurry, defined.

2-4316.
Agricultural lime slurry, defined.
Agricultural lime slurry shall mean pulverized limestone suspended in water and which may contain up to two percent by weight of appropriate clay and surfactant to maintain the liming material in suspension.
Source
Laws 1981, LB 396, § 16.
2023 Nebraska Revised Statutes › Chapter 2 - Agriculture › 2-4318.01 - Manufacturer, distributor, retailer; defined.

2-4318.01.
Manufacturer, distributor, retailer; defined.
(1) Manufacturer shall mean a person who quarries, crushes, or grinds agricultural liming materials.
(2) Distributor shall mean one who sells agricultural liming material to any but the ultimate consumer.
(3) Retailer shall mean one who sells agricultural liming material to the ultimate consumer.
(4) Any person can be either a manufacturer, distributor, or seller, or any combination thereof, depending upon the function performed by such person in any given transaction.
Source
Laws 1983, LB 539, § 4.
2023 Nebraska Revised Statutes › Chapter 2 - Agriculture › 2-4319 - Rules and regulations.

2-4319.
Rules and regulations.
The department shall adopt, promulgate, and enforce such rules and regulations as may be necessary to carry out the provisions of the Agricultural Liming Materials Act pursuant to the Administrative Procedure Act.
The director shall adopt and promulgate rules and regulations relating to fineness as defined in section 2-4310 and he or she shall refer in adopting such rules and regulations to specifications used by national testing and materials organizations.
Source
Laws 1981, LB 396, §19;
Laws 1983, LB 539, § 5.
Cross References
Administrative Procedure Act, see section 84-920.
2023 Nebraska Revised Statutes › Chapter 2 - Agriculture › 2-4320 - Sale; label, statement, or delivery slip; information requirements.

2-4320.
Sale; label, statement, or delivery slip; information requirements.
(1) Agricultural liming materials sold, offered, or exposed for sale in this state by any manufacturer, distributor, or retailer shall have affixed to each package in a conspicuous manner on the outside of such package a plainly printed, stamped, or otherwise marked label, tag, or statement or, in the case of bulk sales, a delivery slip, setting forth the following information:
(a) The name and principal office address of the manufacturer or distributor;
(b) The brand or trade name of the material;
(c) The identification of the product as to the type of the agricultural liming material;
(d) The net weight of the agricultural liming material;
(e) The minimum effective calcium carbonate equivalent, which is a percentage of weight function of calcium carbonate equivalent and fineness as prescribed by the rules and regulations of the director; and
(f) The pounds of effective calcium carbonate per ton.
Additional information may also be listed on the package including the minimum percentage by weight of calcium carbonate and magnesium carbonate.
(2) No information or statement shall appear on any package, label, delivery slip, or advertising matter which is false or misleading to the purchaser as to the quality, analysis type, or composition of the agricultural liming material.
(3) In the case of any material which has been changed in any way as to render inaccurate or misleading any of the information required by subsection (1) of this section subsequent to its packaging, labeling, or loading and before its delivery to the consumer, a plainly marked notice of the change shall be affixed by the manufacturer, distributor, or retailer to the package or delivery slip to identify the kind and degree of such change in such package.
(4) At every site from which agricultural liming materials are delivered in bulk and at every place where consumer orders for bulk deliveries are placed, there shall be conspicuously posted a copy of the statements required by subsections (1) and (3) of this section for each brand of material.
Source
Laws 1981, LB 396, § 20;
Laws 1983, LB 539, § 6.
2023 Nebraska Revised Statutes › Chapter 2 - Agriculture › 2-4321 - Sale or offer for sale; restrictions.

2-4321.
Sale or offer for sale; restrictions.
(1) No agricultural liming material shall be sold or offered for sale in this state unless it complies with the Agricultural Liming Materials Act or the rules and regulations promulgated pursuant to the act.
(2) No agricultural liming material shall be sold or offered for sale in this state which contains toxic materials in quantities injurious to plants or animals.
Source
Laws 1981, LB 396, § 21.
2023 Nebraska Revised Statutes › Chapter 2 - Agriculture › 2-4322 - Registration; license; when required; application; license fee.

2-4322.
Registration; license; when required; application; license fee.
(1) Each separately identified agricultural liming material shall be registered before being distributed in this state. The person who first causes the distribution of the agricultural liming material into or within this state shall be responsible for compliance with the registration requirements of this section. The application for registration shall be submitted to the department on forms furnished and approved by the department. Upon approval by the department a copy of the registration shall be furnished to the applicant. All registrations shall expire on December 31 of the same year. Agricultural lime slurry as defined in section 2-4316 shall be exempt from the registration requirements of this section.
A person shall not be required to register any brand of agricultural liming material which is already registered pursuant to the Agricultural Liming Materials Act by another person.
(2) Any out-of-state manufacturer, distributor, or retailer who has no distribution facility within this state shall obtain a registration for its principal out-of-state office if it markets or distributes agricultural liming materials in the State of Nebraska.
(3) Every manufacturer, distributor, or retailer of agricultural liming materials to be distributed in this state shall file with the department an application for a license on or before January 1 of each year or prior to manufacture, distribution, or sale of such liming materials. Upon acceptance of the application and proper fee, the department shall issue a license for the current year. The annual license fee shall be five dollars and the license shall expire on December 31 of the same year.
Source
Laws 1981, LB 396, § 22;
Laws 1983, LB 539, § 7.
2023 Nebraska Revised Statutes › Chapter 2 - Agriculture › 2-4323 - Retailer licensee; tonnage report; inspection fee; additional administrative fee; department; powers; director; duties.

2-4323.
Retailer licensee; tonnage report; inspection fee; additional administrative fee; department; powers; director; duties.
(1) Every retailer licensee shall file, not later than the last day of January and July of each year, a semiannual tonnage report on forms provided by the department, setting forth the number of net tons of each agricultural liming material sold in Nebraska during the preceding six-month period, which report shall cover the periods from July 1 to December 31 and January 1 to June 30, and such other information as the director shall deem necessary. All persons required to be licensed pursuant to the Agricultural Liming Materials Act shall file such report regardless of whether any inspection fee is due. Upon filing the report, such person shall pay the inspection fee at the rate prescribed pursuant to this section. The inspection fee shall be at the rate fixed by the director but not exceeding ten cents per ton. The fee shall be set at an amount to cover the expenses of the inspection provided in section 2-4325 and the costs of administering this section. The minimum inspection fee required pursuant to this section shall be five dollars, and no inspection fee shall be paid more than once for any one product. In the case of agricultural lime slurry, the fee shall be paid on the base lime material only.
(2) If a person fails to report and pay the fee required by subsection (1) of this section by January 31 and July 31, the fee shall be considered delinquent and the person owing the fee shall pay an additional administrative fee of twenty-five percent of the delinquent amount for each month it remains unpaid, not to exceed one hundred percent of the original amount due. The department may waive the additional administrative fee based upon the existence and extent of any mitigating circumstances that have resulted in the late payment of such fee. The purpose of the additional administrative fee is to cover the administrative costs associated with collecting fees, and all money collected as an additional administrative fee shall be remitted to the State Treasurer for credit to the Fertilizers and Soil Conditioners Administrative Fund. Failure to make an accurate statement of tonnage or to pay the inspection fee or comply as provided in this subsection shall constitute sufficient cause for the cancellation of all product registrations or licenses on file for such person.
(3) The director shall annually make information available in such form as he or she may deem proper concerning the tons of agricultural liming material sold in this state. Such report shall in no way divulge the operation of any registrant or licensee.
Source
Laws 1981, LB 396, § 23;
Laws 1983, LB 539, § 8;
Laws 2015, LB92, § 1.
2023 Nebraska Revised Statutes › Chapter 2 - Agriculture › 2-4324 - Fees; disbursement.

2-4324.
Fees; disbursement.
All fees paid to the department pursuant to the Agricultural Liming Materials Act shall be remitted to the State Treasurer for credit to the Fertilizers and Soil Conditioners Administrative Fund. All money credited to the fund shall be used by the department to aid in defraying expenses of administering the Agricultural Liming Materials Act and the Nebraska Commercial Fertilizer and Soil Conditioner Act.
Source
Laws 1981, LB 396, § 24;
Laws 2003, LB 157, § 3;
Laws 2015, LB92, § 2.
Cross References
Nebraska Commercial Fertilizer and Soil Conditioner Act, see section 81-2,162.22.
2023 Nebraska Revised Statutes › Chapter 2 - Agriculture › 2-4325 - Director; enforcement of act; inspections; testing; methods of analysis; results; distribution.

2-4325.
Director; enforcement of act; inspections; testing; methods of analysis; results; distribution.
(1) To enforce the Agricultural Liming Materials Act or the rules and regulations adopted pursuant to the act, the director may:
(a) For purposes of inspection, enter any location, vehicle, or both in which agricultural liming materials are manufactured, processed, packed, transported, or held for distribution during normal business hours, except that in the event such locations and vehicles are not open to the public, the director shall present his or her credentials and obtain consent before making entry thereto unless a search warrant has previously been obtained. Credentials shall not be required for each entry made during the period covered by the inspection. The person in charge of the location or vehicle shall be notified of the completion of the inspection. If the owner of such location or vehicle or his or her agent refuses to admit the director to inspect pursuant to this section, the director may obtain a search warrant from a court of competent jurisdiction directing such owner or agent to submit the location, vehicle, or both as described in such search warrant to inspection;
(b) Inspect any location or vehicle described in this subsection, all pertinent equipment, finished and unfinished materials, containers and labeling, all records, books, papers, and documents relating to the distribution and production of agricultural liming materials, and other information necessary for the enforcement of the act;
(c) Obtain samples of agricultural liming materials. The owner, operator, or agent in charge shall be given a receipt describing the samples obtained; and
(d) Make analyses of and test samples obtained pursuant to subdivision (c) of this subsection to determine whether such agricultural liming materials are in compliance with the act.
For purposes of this subsection, location shall include a factory, warehouse, or establishment.
(2) Sampling and analysis shall be conducted in accordance with methods published by the AOAC International or in accordance with other generally recognized methods.
(3) The results of official analyses of agricultural liming materials and portions of official samples shall be distributed by the department as provided in the rules and regulations.
Source
Laws 1981, LB 396, § 25;
Laws 1983, LB 539, § 9;
Laws 1992, LB 366, § 6;
Laws 1993, LB 267, § 1.
2023 Nebraska Revised Statutes › Chapter 2 - Agriculture › 2-4326 - Director; department; enforcement; orders; seizure of material; procedure.

2-4326.
Director; department; enforcement; orders; seizure of material; procedure.
(1) When the director has reasonable cause to believe agricultural liming materials are being sold in violation of the Agricultural Liming Materials Act or the rules and regulations adopted and promulgated pursuant to the act, he or she may issue and enforce a written or printed stop-sale, stop-use, or removal order to the owner or custodian of any lot of agricultural liming material. The department may order the owner or custodian to hold such material at a designated place when the department finds such material is being offered or exposed for sale by the owner or custodian in violation of the act or the rules and regulations. Such material shall be released when the act or the rules and regulations have been complied with, such violations have otherwise been legally disposed of in writing, and all costs and expense incurred in connection with such material's holding have been paid. This section shall not apply if the owner or custodian is the ultimate consumer of the agricultural liming material and he or she has title to such materials.
(2) Any agricultural liming materials not in compliance with the act or the rules and regulations shall be subject to seizure on complaint of the director to a court of competent jurisdiction in the area in which the agricultural liming materials are located. If the court finds the agricultural liming materials to be in violation of the act or the rules and regulations and orders the condemnation of the agricultural liming materials, such agricultural liming materials shall be disposed of in any manner consistent with the quality of the agricultural liming materials and the laws of the State of Nebraska. The court shall not order disposition without first giving the claimant an opportunity to apply to the court for release of the agricultural liming materials or for permission to process or relabel such product to bring it into compliance with the act.
Source
Laws 1981, LB 396, § 26;
Laws 1983, LB 539, § 10;
Laws 1988, LB 871, § 27;
Laws 2015, LB92, § 3.
2023 Nebraska Revised Statutes › Chapter 2 - Agriculture › 2-4327 - Violations; penalty; written warning; Attorney General or county attorney; duties; enforcement; appeal.

2-4327.
Violations; penalty; written warning; Attorney General or county attorney; duties; enforcement; appeal.
(1) Any person violating the Agricultural Liming Materials Act shall be guilty of a Class IV misdemeanor upon the first conviction thereof, and a Class II misdemeanor for each subsequent conviction thereof.
(2) Nothing in the act shall be construed to require the director or his or her duly authorized agent to report a violation in order to prosecute or to institute seizure proceedings as a result of minor violations of the act when he or she believes that the public interest will best be served by a suitable written warning to the violator.
(3) The Attorney General or the county attorney of the county in which any violation occurs or is about to occur, when notified by the department of such violation or threatened violation, shall pursue appropriate proceedings pursuant to section 2-4326 or this section or both without delay.
(4) In order to insure compliance with the act, the department may apply for a restraining order, a temporary or permanent injunction, or a mandatory injunction against any person violating or threatening to violate the act or the rules and regulations adopted and promulgated pursuant to the act. The district court of the county where the violation is occurring or is about to occur shall have jurisdiction to grant such relief upon good cause shown. Relief may be granted notwithstanding the existence of any other remedy at law and shall be granted without bond.
(5) Any person adversely affected by an action, order, or ruling made by the department pursuant to the act may appeal the action, order, or ruling, and the appeal shall be in accordance with the Administrative Procedure Act.
Source
Laws 1981, LB 396, § 27;
Laws 2015, LB92, § 4.
Cross References
Administrative Procedure Act, see section 84-920.
2023 Nebraska Revised Statutes › Chapter 2 - Agriculture › 2-4402 - Terms, defined.

2-4402.
Terms, defined.
As used in the Nebraska Right to Farm Act, unless the context otherwise requires:
(1) Farm or farm operation means any tract of land over ten acres in area used for or devoted to the commercial production of farm products;
(2) Farm product means those plants and animals useful to man and includes, but is not limited to, forages and sod crops, grains and feed crops, dairy and dairy products, poultry and poultry products, livestock, including breeding and grazing, fruits, vegetables, flowers, seeds, grasses, trees, fish, apiaries, equine and other similar products, or any other product which incorporates the use of food, feed, fiber, or fur; and
(3) Public grain warehouse or public grain warehouse operation means any grain elevator building or receptacle in which grain is held for longer than ten days and includes, but is not limited to, all buildings, elevators, and warehouses consisting of one or more warehouse sections within the confines of a city, township, county, or state that are considered a single delivery point with the capability to receive, load out, weigh, and store grain.
Source
Laws 1982, LB 668, § 2;
Laws 1998, LB 1193, § 6.
2023 Nebraska Revised Statutes › Chapter 2 - Agriculture › 2-4403 - Farm; farm operation; public grain warehouse; public grain warehouse operation; not a nuisance; when; suit; limitation.

2-4403.
Farm; farm operation; public grain warehouse; public grain warehouse operation; not a nuisance; when; suit; limitation.
(1) A farm or farm operation or a public grain warehouse or public grain warehouse operation shall not be found to be a public or private nuisance if the farm or farm operation or public grain warehouse or public grain warehouse operation existed before a change in the land use or occupancy of land in and about the locality of such farm or farm operation or public grain warehouse or public grain warehouse operation and before such change in land use or occupancy of land the farm or farm operation or public grain warehouse or public grain warehouse operation would not have been a nuisance.
(2) No suit shall be maintained against a farm or farm operation or public grain warehouse or public grain warehouse operation for public or private nuisance more than two years after the condition which is the subject matter of the suit reaches a level of offense sufficient to sustain a claim of nuisance.
(3) The limitation provided for in this section shall not apply to any action brought to determine compliance with or to enforce a previous order of a court related to the same claim of nuisance or to any claims for additional damages or equitable relief available when a farm or farm operation or public grain warehouse or public grain warehouse operation fails to remediate a nuisance pursuant to such court order.
Source
Laws 1982, LB 668, § 3;
Laws 1998, LB 1193, § 7;
Laws 2019, LB227, § 1.
Annotations
This section, as amended by 1998 Neb. Laws, LB1193, contains no language evidencing an intent that it should be applied retrospectively and thus operates prospectively only. Soukop v. ConAgra, Inc., 264 Neb. 1015, 653 N.W.2d 655 (2002).
The Nebraska Right to Farm Act applies only where there has been a change in land use or occupancy of land in and about the locality of such farm or farm operation, not where the change has taken place on the farm itself. Flansburgh v. Coffey, 220 Neb. 381, 370 N.W.2d 127 (1985).