reglab/statecodes huggingface dataset:
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-1231 - Nonprofit development organization; annual report; contents; final report; failure to file; civil penalty.

81-1231.
Nonprofit development organization; annual report; contents; final report; failure to file; civil penalty.
(1) Each nonprofit development organization shall submit an annual report to the director to be included as a part of the department's annual status report required under section 81-1201.11. The report shall certify that the nonprofit development organization meets the requirements of the Rural Workforce Housing Investment Act and shall include a breakdown of program activities.
(2) The annual report shall include, but not necessarily be limited to:
(a) The name and geographical location of the reporting nonprofit development organization;
(b) The number, amount, and type of workforce housing investment funds invested in qualified activities;
(c) The number, geographical location, type, and amount of investments made;
(d) A summary of matching funds and where such matching funds were generated; and
(e) The results of the annual review of all financial records required under subsection (5) of section 81-1229.
(3) If a nonprofit development organization ceases administration of a workforce housing investment fund, it shall file a final report with the director in a form and manner required by the director. Before July 1, 2027, any unallocated grant funds shall be returned to the department for credit to the Rural Workforce Housing Investment Fund. On and after July 1, 2027, any unallocated grant funds shall be returned to the department for transfer to the General Fund.
(4) If a nonprofit development organization fails to file a complete annual report by February 15, the director may, in his or her discretion, impose a civil penalty of not more than five thousand dollars for such violation. All money collected by the department pursuant to this subsection shall be remitted to the State Treasurer for distribution in accordance with Article VII, section 5, of the Constitution of Nebraska.
Source
Laws 2017, LB518, § 6;
Laws 2022, LB1069, § 4;
Laws 2023, LB191, § 21.
Operative Date: September 2, 2023
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-1232 - Department; duties; powers.

81-1232.
Department; duties; powers.
(1) The department shall use its best efforts to assure that grant funds awarded to nonprofit development organizations are targeted to the geographic communities or regions with the most pressing economic and employment needs.
(2) The department shall use its best efforts to assure that the allocation of grant funds provides equitable access to the benefits provided by the Rural Workforce Housing Investment Act to all eligible geographical areas.
(3) The department may contract with a statewide public or private nonprofit organization which shall serve as agent for the department to help carry out the purposes and requirements of the Rural Workforce Housing Investment Act. The department or its agent may only use for expenses that portion of the funds available for the workforce housing grant program through the Rural Workforce Housing Investment Fund necessary to cover the actual costs of administering the program, including, but not limited to, the hiring of staff.
Source
Laws 2017, LB518, § 7.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-1233 - Report to Legislature and Governor; contents; confidential.

81-1233.
Report to Legislature and Governor; contents; confidential.
(1) As part of the department's annual status report required under section 81-1201.11, the department shall submit a report to the Legislature and the Governor that includes, but is not necessarily limited to:
(a) The number and geographical location of nonprofit development organizations establishing workforce housing investment funds;
(b) The number, amount, and type of workforce housing investment funds invested in qualified activities; and
(c) The number, geographical location, type, and amount of investments made by each nonprofit development organization.
(2) The report to the Legislature shall be submitted electronically.
(3) Information received, developed, created, or otherwise maintained by the department in administering and enforcing the Rural Workforce Housing Investment Act, other than information required to be included in the report to be submitted by the department to the Governor and Legislature pursuant to this section, may be deemed confidential by the department and not considered public records subject to disclosure pursuant to sections 84-712 to 84-712.09.
Source
Laws 2017, LB518, § 8.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-1236 - Urban workforce housing; shortage; effect; development; impediments; legislative intent.

81-1236.
Urban workforce housing; shortage; effect; development; impediments; legislative intent.
(1) Current economic conditions and limited availability of modern housing units impact the ability of Nebraska's older urban neighborhoods and majority-minority communities to maintain residential stability. Low rates of homeownership and a lack of high-quality, non-income-restricted rental housing negatively affects the ability of residents of such neighborhoods and communities to achieve housing stability and invest in their neighborhoods and communities. A lack of workforce housing affects the ability of neighborhoods and communities to maintain and develop viable, stable, and thriving economies. A shortage of quality housing in such areas also impacts the ability of local private, nonprofit, and public employers to grow and prosper.
(2) Impediments exist to the construction, rehabilitation, and financing of urban workforce housing. Comparable home sale and appraisal prices do not justify the cost of new construction homes. There is a lack of space that would be large enough for development to achieve cost efficiencies. Due to generations of disinvestment, these neighborhoods and communities frequently receive a stigma that negatively impacts the residential real estate market.
(3) In order to develop attractive housing options that lead to the recruitment and retention of a world-class workforce in Nebraska's older urban communities, it is the intent of the Legislature to use new and existing resources to support creation of workforce housing investment funds. Such funds will be used to encourage development of workforce housing in Nebraska's urban and underserved neighborhoods and communities.
Source
Laws 2020, LB866, § 12.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-1239 - Middle Income Workforce Housing Investment Fund; created; use; investment; subaccount; purpose; return of grant funds; when required.

81-1239.
Middle Income Workforce Housing Investment Fund; created; use; investment; subaccount; purpose; return of grant funds; when required.
(1) The Middle Income Workforce Housing Investment Fund is created. Funding for the grant program described in section 81-1238 shall come from the Middle Income Workforce Housing Investment Fund. The Middle Income Workforce Housing Investment Fund may include revenue from appropriations from the Legislature, grants, private contributions, and other sources. Any money in the Middle Income Workforce Housing Investment Fund available for investment shall be invested by the state investment officer pursuant to the Nebraska Capital Expansion Act and the Nebraska State Funds Investment Act.
(2) The department shall establish a subaccount within the Middle Income Workforce Housing Investment Fund that shall be used to fund affordable housing and related land parcel preparation activities under the Economic Recovery Act as described in subdivisions (4)(e) and (4)(f) of section 81-12,241.
(3) The department shall administer the Middle Income Workforce Housing Investment Fund and may seek additional private or nonstate funds to use in the grant program, including, but not limited to, contributions from the Nebraska Investment Finance Authority and other interested parties.
(4) Interest earned by the department on grant funds shall be applied to the grant program.
(5) If a nonprofit development organization, or a recipient of subaccount funds described in subsection (2) of this section, fails to engage in a qualified activity within twenty-four months after receiving initial grant funding, the nonprofit development organization or recipient of subaccount funds shall return the grant proceeds to the department for credit to the General Fund.
(6) Beginning July 1, 2029, any funds held by the department in the Middle Income Workforce Housing Investment Fund shall be transferred to the General Fund.
Source
Laws 2020, LB866, § 15;
Laws 2022, LB1024, § 11;
Laws 2022, LB1069, § 6;
Laws 2023, LB531, § 34.
Operative Date: June 7, 2023
Cross References
Economic Recovery Act, see section 81-12,238.
Nebraska Capital Expansion Act, see section 72-1269.
Nebraska State Funds Investment Act, see section 72-1260.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-1240 - Nonprofit development organization; annual report; contents; final report; failure to file; civil penalty; applicability of section.

81-1240.
Nonprofit development organization; annual report; contents; final report; failure to file; civil penalty; applicability of section.
(1) Each nonprofit development organization shall submit an annual report to the director to be included as a part of the department's annual status report required under section 81-1201.11. The report shall certify that the workforce housing investment fund meets the requirements of the Middle Income Workforce Housing Investment Act and shall include a breakdown of program activities.
(2) The annual report shall include, but not be limited to:
(a) The name and geographical location of the nonprofit development organization;
(b) The number, amount, and type of workforce housing investment funds invested in qualified activities;
(c) The number, geographical location, type, and amount of investments made;
(d) A summary of matching funds and where such matching funds were generated; and
(e) The results of the annual audit required under subdivision (4)(d) of section 81-1238.
(3) If a nonprofit development organization ceases administration of a workforce housing investment fund, it shall file a final report with the director in a form and manner required by the director. Before July 1, 2029, any unallocated workforce housing investment fund grant funds shall be returned for credit to the Middle Income Workforce Housing Investment Fund. On and after July 1, 2029, any unallocated workforce housing investment fund grant funds shall be returned to the department for transfer to the General Fund.
(4) If a workforce housing investment fund fails to file a complete annual report by February 15, the director may, in his or her discretion, impose a civil penalty of not more than five thousand dollars for such violation. All money collected by the department pursuant to this subsection shall be remitted to the State Treasurer for distribution in accordance with Article VII, section 5, of the Constitution of Nebraska.
(5) This section does not apply to the subaccount of the Middle Income Workforce Housing Investment Fund described in subsection (2) of section 81-1239.
Source
Laws 2020, LB866, § 16;
Laws 2022, LB1024, § 12;
Laws 2022, LB1069, § 7;
Laws 2023, LB531, § 35.
Operative Date: June 7, 2023
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-1241 - Department; duties; powers.

81-1241.
Department; duties; powers.
(1) The department shall use its best efforts to assure that any grant funds awarded to a nonprofit development organization are targeted to the geographic communities or regions with the most pressing housing, economic, and employment needs.
(2) The department shall use its best efforts to assure that the allocation of grant funds provides equitable access to the benefits provided by the Middle Income Workforce Housing Investment Act to all eligible neighborhoods and communities.
(3) The director may contract with a statewide public or private nonprofit organization which shall serve as agent for the department to help carry out the purposes and requirements of the Middle Income Workforce Housing Investment Act. The department or its agent may only use for expenses that portion of the funds available for the workforce housing investment grant program through the Middle Income Workforce Housing Investment Fund necessary to cover the actual costs of administering the program.
Source
Laws 2020, LB866, § 17.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-1242 - Report to Legislature and Governor; contents; confidential.

81-1242.
Report to Legislature and Governor; contents; confidential.
(1) As part of the department's annual status report required under section 81-1201.11, the department shall submit a report to the Legislature and the Governor that includes, but is not necessarily limited to:
(a) The number and geographical location of workforce housing investment funds;
(b) The number, amount, and type of workforce housing investment funds invested in qualified activities; and
(c) The number, geographical location, type, and amount of investments made by each nonprofit development organization.
(2) The report to the Legislature shall be submitted electronically.
(3) Information received, developed, created, or otherwise maintained by the department in administering and enforcing the Middle Income Workforce Housing Investment Act, other than information required to be included in the report to be submitted by the department to the Governor and Legislature pursuant to this section, may be deemed confidential by the department and not considered a public record subject to disclosure pursuant to sections 84-712 to 84-712.09.
Source
Laws 2020, LB866, § 18.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-1243 - Rules and regulations.

81-1243.
Rules and regulations.
The department may adopt and promulgate rules and regulations to administer and enforce the Middle Income Workforce Housing Investment Act, including rules, regulations, and reporting requirements relating to proposals pursuant to subdivisions (4)(e) and (f) of section 81-12,241.
Source
Laws 2020, LB866, § 19;
Laws 2023, LB531, § 36.
Operative Date: June 7, 2023
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-1273 - Legislative findings.

81-1273.
Legislative findings.
The Legislature finds and declares:
(1) That the availability of business development services at various geographic locations throughout the state would result in the retention, expansion, and diversification of existing businesses and the creation of new businesses;
(2) That the Board of Regents of the University of Nebraska may authorize the Nebraska Business Development Center as a department of the University of Nebraska at Omaha. The Nebraska Business Development Center, if authorized under this section, may provide business development services through a network of small business development centers at: (a) Chadron State College, Peru State College, and Wayne State College, if authorized by the Board of Trustees of the Nebraska State Colleges; and (b) the University of Nebraska at Kearney, the University of Nebraska-Lincoln, and the University of Nebraska at Omaha, if authorized by the Board of Regents of the University of Nebraska;
(3) That business development services may be augmented through specialized research and technical assistance services; and
(4) That the Existing Business Assistance Division of the Department of Economic Development shall coordinate, administer, and support the delivery of such services.
Source
Laws 1987, LB 736, § 2;
Laws 1989, LB 639, § 8;
Laws 1989, LB 247, § 12;
Laws 2011, LB334, § 5.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-1274 - Business Development Services Program; created; administration.

81-1274.
Business Development Services Program; created; administration.
There is hereby created the Business Development Services Program in the Existing Business Assistance Division of the Department of Economic Development. The division shall be responsible for the administration of the program and shall have the power and authority to contract for services as provided in sections 81-1275 and 81-1276.
Source
Laws 1987, LB 736, § 3;
Laws 1989, LB 639, § 9.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-1276 - Existing Business Assistance Division; contracts; authorized.

81-1276.
Existing Business Assistance Division; contracts; authorized.
The Existing Business Assistance Division may contract with any postsecondary institution of higher education, community organization, governmental agency or entity, or any other profit or nonprofit entity to provide specialized research, technology development assistance, technology transfer services, financial packaging or leveraging services, human resources development services, surety bond support, or such other specialized services as the division deems necessary if preference is given to entities based in or operating in Nebraska.
Source
Laws 1987, LB 736, § 5;
Laws 1989, LB 639, § 11;
Laws 1997, LB 861, § 1.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-1277 - Existing Business Assistance Division; contracts; reports.

81-1277.
Existing Business Assistance Division; contracts; reports.
The Existing Business Assistance Division shall require, as a condition of contracts awarded under the Business Development Services Program, satisfactory quarterly reports from recipients describing services provided, clients served, and expenditures. The division shall include, as part of the Department of Economic Development's annual status report under section 81-1201.11, a description of the services provided under the Business Development Partnership Act, an analysis of the impact of the services, recommendations regarding the services, and an evaluation of the performance of service deliverers.
Source
Laws 1987, LB 736, § 6;
Laws 1989, LB 639, § 12;
Laws 2011, LB404, § 6.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-12,107 - Legislative findings and declarations.

81-12,107.
Legislative findings and declarations.
The Legislature finds and declares that:
(1) Job creation through rapid technology commercialization is a vital part of the state's economic well-being;
(2) Innovation and technology-driven entrepreneurial activity coupled with venture investment creates small business startups and expansions at an accelerated rate, which leads to significant employment opportunities that contribute to the state's financial health and economic competitiveness;
(3) In order to maintain a healthy state economy and to aid communities, entrepreneurship and technology-based small businesses must be stimulated and supported; and
(4) Innovation hubs could serve as a vital resource for stimulating and supporting entrepreneurship and technology-based small businesses in this state.
Source
Laws 2022, LB450, § 2.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-12,108 - Terms, defined.

81-12,108.
Terms, defined.
For purposes of the Nebraska Innovation Hub Act:
(1) Department means the Department of Economic Development;
(2) Director means the Director of Economic Development;
(3) Economic redevelopment area means an area in the State of Nebraska in which:
(a) The average rate of unemployment in the area during the period covered by the most recent federal decennial census or American Community Survey 5-Year Estimate by the United States Bureau of the Census is at least one hundred fifty percent of the average rate of unemployment in the state during the same period; and
(b) The average poverty rate in the area is twenty percent or more for the federal census tract in the area;
(4) iHub area means the geographical area in this state in which an iHub will operate. An iHub area shall be located within:
(a) An economic redevelopment area; or
(b) An enterprise zone designated pursuant to the Enterprise Zone Act;
(5) iHub partner means an entity described in section 81-12,111 that collaborates with an iHub for purposes of driving economic growth within an iHub area;
(6) Innovation hub or iHub means a private nonprofit corporation that is designated by the director as an iHub; and
(7) Postsecondary educational institution means a two-year or four-year college or university which is a member institution of an accrediting body recognized by the United States Department of Education.
Source
Laws 2022, LB450, § 3.
Cross References
Enterprise Zone Act, see section 13-2101.01.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-12,109 - Innovation hub areas; department designate innovation hubs; limit on number.

81-12,109.
Innovation hub areas; department designate innovation hubs; limit on number.
(1) The department shall designate innovation hubs within iHub areas to stimulate partnerships, economic development, and job creation by leveraging iHub partner assets to provide an innovation platform for startup businesses, economic development organizations, business groups, and venture capitalists. The iHub partner assets may include, but are not limited to, research parks, technology incubators, universities, and federal laboratories.
(2) The department shall designate no more than four iHubs in the first congressional district, no more than three iHubs in the second congressional district, and no more than six iHubs in the third congressional district.
Source
Laws 2022, LB450, § 4;
Laws 2023, LB531, § 37.
Operative Date: June 7, 2023
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-12,111 - Innovation hub partners.

81-12,111.
Innovation hub partners.
(1) An iHub shall form a collaborative relationship, through a signed statement of cooperation, with at least three iHub partners. An iHub partner may be any of the following:
(a) A postsecondary educational institution;
(b) A bank or other financial institution;
(c) A municipal economic development division or department;
(d) A nonprofit economic development corporation;
(e) A federal government entity or agency focused on economic development;
(f) An inland port authority created pursuant to the Municipal Inland Port Authority Act;
(g) A business support organization, including a workforce development or training organization, an incubator or a business accelerator, a business technical assistance provider, a chamber of commerce, or a networking organization that supports innovation;
(h) An educational consortium, including technology transfer representatives;
(i) A venture capital network, including angel investors; or
(j) A business foundation, innovation foundation, science foundation, laboratory research institution, federal laboratory, or research and development facility.
(2) The department may allow an entity not listed in subsection (1) of this section to serve as an iHub partner if the department finds that such entity is related to the goals of the iHub.
(3) An iHub's board of directors shall include a representative of each iHub partner that has signed a statement of cooperation with the iHub.
Source
Laws 2022, LB450, § 6.
Cross References
Municipal Inland Port Authority Act, see section 13-3301.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-12,112 - State and local taxes; current payment; certification.

81-12,112.
State and local taxes; current payment; certification.
Before an official designation as an iHub, the applicant shall self-certify that the iHub and its iHub partners are current in the payment of all state and local taxes owed.
Source
Laws 2022, LB450, § 7.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-12,113 - Innovation hub; permitted activities; collaboration and coordination; required.

81-12,113.
Innovation hub; permitted activities; collaboration and coordination; required.
(1) An iHub may do all of, but shall not be limited to, the following:
(a) Provide counseling and technical assistance to entrepreneurs, either by direct or indirect services, in the following areas:
(i) The legal requirements for starting a business;
(ii) Entrepreneurial business planning and management;
(iii) Financing and the use of credit;
(iv) Marketing for small businesses;
(v) Tax education;
(vi) Financial account management, bookkeeping, and budgeting;
(vii) Leadership development;
(viii) Insurance needs and requirements;
(ix) Sources for grant funding and how to apply for such grants;
(x) Financial literacy education;
(xi) Permit and licensing requirements; and
(xii) Government procurement processes;
(b) Conduct business workshops, seminars, and conferences with local partners including, but not limited to, universities, community colleges, local governments, state and federal service providers, private industry, workforce investment boards and agencies, small business development centers, microenterprise development organizations, small business service agencies, economic development organizations, and chambers of commerce;
(c) Facilitate partnerships between innovative startup businesses, research institutions, and venture capitalists or financial institutions;
(d) Provide the following for entrepreneurs:
(i) Housing;
(ii) Retail space;
(iii) Commercial kitchens;
(iv) Community spaces;
(v) Coworking spaces; and
(e) Make loans and award grants to entrepreneurs.
(2) An iHub shall, to the extent feasible, do all of the following:
(a) Work in close collaboration with the activities of the department as its primary statewide partner; and
(b) Coordinate activities with community colleges, universities, and other state economic and workforce development programs.
Source
Laws 2022, LB450, § 8.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-12,114 - Innovation Hub Cash Fund; created; use; investment.

81-12,114.
Innovation Hub Cash Fund; created; use; investment.
(1) The Innovation Hub Cash Fund is created. The fund shall be administered by the department and shall consist of application fees received under section 81-12,110, funds transferred by the Legislature, and any other money as determined by the Legislature.
(2) The fund shall be used by the department for purposes of carrying out the Nebraska Innovation Hub Act. Any money in the fund available for investment shall be invested by the state investment officer pursuant to the Nebraska Capital Expansion Act and the Nebraska State Funds Investment Act.
Source
Laws 2022, LB450, § 9.
Cross References
Nebraska Capital Expansion Act, see section 72-1269.
Nebraska State Funds Investment Act, see section 72-1260.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-12,130 - Legislative findings.

81-12,130.
Legislative findings.
The Legislature finds and declares that:
(1) Insufficient venture capital resources exist within the State of Nebraska to meet substantial portions of the equity needs of new and high-growth business enterprises;
(2) Nebraska is a net exporter of venture capital;
(3) The venture capital needs of Nebraska business enterprises are not currently being met due to the lack of operational readiness and expertise among new and high-growth business enterprises;
(4) The best and primary role the State of Nebraska can play is creating an effective operational assistance program to assist Nebraska businesses in becoming venture-ready to effectively attract and retain capital in this state in partnership with the private sector;
(5) Entrepreneurs and high-growth business enterprises need technical assistance in understanding equity markets and how to position themselves to receive equity funding; and
(6) Creation of an operational assistance program must be flexible and market driven.
Source
Laws 2007, LB425, § 2.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-12,131 - Terms, defined.

81-12,131.
Terms, defined.
For purposes of the Nebraska Operational Assistance Act, unless the context otherwise requires:
(1) Business enterprise means an individual, corporation, partnership, limited liability company, or joint-stock company with its principal place of business in Nebraska or potentially in Nebraska;
(2) Program means the Nebraska Operational Assistance Program; and
(3) Venture capital means equity financing provided by investors to business enterprises that have the potential for high growth and in which the risk for loss and the potential for profit may be considerable.
Source
Laws 2007, LB425, § 3.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-12,133 - Nebraska Operational Assistance Program; established; department select organization to carry out act; considerations.

81-12,133.
Nebraska Operational Assistance Program; established; department select organization to carry out act; considerations.
(1) The Department of Economic Development shall establish the Nebraska Operational Assistance Program.
(2) The program shall assist potential high-growth businesses in establishing a foundation sufficient for the attraction of private equity including, but not limited to, market analysis, executive recruitment, sales and marketing, financial planning, business structure, and intellectual property development. The program may also include, but need not be limited to:
(a) Cooperation with other service entities in facilitating effectiveness of the program including, but not limited to, financial institutions, attorneys, accountants, investment banking firms, established venture capital funds, institutions of higher education, local and regional development organizations, business development centers, business incubators, and utilities;
(b) A statewide system for facilitating venture capital investing with its primary emphasis upon assisting those business enterprises generally seeking up to one million dollars in new equity financing;
(c) Identification and provision of information to investors about investment opportunities in Nebraska business enterprises;
(d) Identification and provision of information to entrepreneurs and high-growth business enterprises about investors seeking investment opportunities;
(e) Service as a clearinghouse and access point for information about venture capital investment opportunities in Nebraska;
(f) Service as the central organization and means of delivering appropriate education and training programs for potential investors in business enterprises;
(g) Facilitation of the formation of private venture capital funds; and
(h) Assistance in the formation of intrastate or industry-specific venture capital networks.
(3)(a) The department shall select a single private, nonprofit organization for the purpose of carrying out the functions of the Nebraska Operational Assistance Act which is either:
(i) Incorporated in the State of Nebraska and exempt for federal tax purposes under section 501(c)(3) of the Internal Revenue Code, as such section existed on January 1, 2007; or
(ii) A Nebraska corporation or Nebraska organization that is exempt from federal taxation under section 501(c)(6) of the Internal Revenue Code, as such section existed on January 1, 2007.
(b) The department, in selecting an organization pursuant to subdivision (a) of this subsection, shall consider, among other factors, the organization's ability to deliver a statewide program and the organization's ability to provide the matching funds described in section 81-12,134.
Source
Laws 2007, LB425, § 5.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-12,134 - Appropriation of funds; grant; funding; matching funds.

81-12,134.
Appropriation of funds; grant; funding; matching funds.
The Legislature shall appropriate funds to the Department of Economic Development which shall be awarded as a grant to the private, nonprofit organization selected pursuant to subsection (3) of section 81-12,133 to carry out the purposes of the Nebraska Operational Assistance Act. The department may receive funds from local or federal government, private foundations, or other sources. The private, nonprofit organization shall provide matching funds of at least one-third of all funds appropriated for the Nebraska Operational Assistance Program. The private, nonprofit organization may provide any part of the matching funds as an in-kind contribution.
Source
Laws 2007, LB425, § 6.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-12,135 - Information regarding activities; department; report.

81-12,135.
Information regarding activities; department; report.
The Department of Economic Development shall submit information regarding its activities under the Nebraska Operational Assistance Act as part of the department's annual status report under section 81-1201.11.
Source
Laws 2007, LB425, § 7;
Laws 2011, LB404, § 8.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-12,145 - Legislative findings.

81-12,145.
Legislative findings.
(1) The Legislature finds that current economic conditions, lack of available industrial sites and buildings, and declining resources at all levels of government adversely affect the ability of Nebraska's cities and villages to obtain viable industrial sites on which to build businesses, obtain buildings, and create jobs. Lack of industrial sites and buildings also affects the ability of communities to maintain and develop stable and growth-prone economies.
(2) The Legislature finds that Nebraska is at a competitive disadvantage for business development relative to other states in the nation due to a lack of appropriately sized industrial sites and buildings available for business relocations to Nebraska and expansions. The future of investment and jobs in Nebraska will suffer should the state continue to ignore this challenge.
(3) The Legislature finds that development of a public-private-partnership facility in conjunction with the United States Strategic Command will enhance the economic conditions and create conditions favorable to the industrial readiness of the state.
(4) To enhance the economic development of the state and to provide for the general prosperity of all of Nebraska's citizens, it is in the public interest to assist in the provision of industrial-ready sites and buildings in all areas of the state. The establishment of the Site and Building Development Fund will assist in creating conditions favorable to meeting the industrial readiness of the state.
Source
Laws 2011, LB388, § 2;
Laws 2022, LB1012, § 17.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-12,146 - Site and Building Development Fund; created; funding; use; investment.

81-12,146.
Site and Building Development Fund; created; funding; use; investment.
(1) The Site and Building Development Fund is created. The fund shall receive money pursuant to section 76-903 and may include revenue from transfers by the Legislature, grants, private contributions, repayment of loans, and all other sources. The Department of Economic Development, as part of its comprehensive business development strategy, shall administer the fund. Any money in the fund available for investment shall be invested by the state investment officer pursuant to the Nebraska Capital Expansion Act and the Nebraska State Funds Investment Act.
(2) It is the intent of the Legislature to transfer five million dollars from the General Fund to the Site and Building Development Fund for fiscal year 2022-23 and five million dollars from the General Fund to the Site and Building Development Fund for fiscal year 2023-24. Such money shall be placed in a subaccount of the Site and Building Development Fund and earmarked for use to fund large shovel-ready commercial and industrial sites developed under the Municipal Inland Port Authority Act.
Source
Laws 2011, LB388, § 3;
Laws 2015, LB457, § 3;
Laws 2021, LB156, § 14.
Cross References
Municipal Inland Port Authority Act, see section 13-3301.
Nebraska Capital Expansion Act, see section 72-1269.
Nebraska State Funds Investment Act, see section 72-1260.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-12,148 - Entities eligible to receive assistance; matching funds; requirements; exception; applicability of section.

81-12,148.
Entities eligible to receive assistance; matching funds; requirements; exception; applicability of section.
(1) Governmental subdivisions and Nebraska nonprofit organizations are eligible to receive assistance under the Site and Building Development Act. Any entity receiving assistance under subsection (1) of section 81-12,147 shall provide, or cause to be provided, matching funds for the eligible activity in an amount determined by the Department of Economic Development, which amount shall be at least equal to one hundred percent of the amount of assistance provided by the Site and Building Development Fund. Nothing in the act shall be construed to allow individuals or businesses to receive direct loans from the fund.
(2) An applicant for a grant for development of a public-private-partnership facility under subdivision (1)(h) of section 81-12,147 shall provide the Director of Economic Development with a letter of support from the United States Strategic Command prior to approval of the application and with proof of the availability of twenty million dollars in private or other funds for the facility. No funds shall be expended or grants awarded until receipt of proof of the availability of twenty million dollars in private or other funds for the facility and certification is provided by the Director of Economic Development to the budget administrator of the budget division of the Department of Administrative Services.
(3) An applicant for a grant for development under subdivision (1)(k) of section 81-12,147 is not required to meet the matching fund requirements pursuant to this section but shall provide the Director of Economic Development a letter from the United States Department of Defense or contractor providing upgrades to ground-based nuclear deterrence that infrastructure improvements, including the construction of electrical, drinking water, and clean water infrastructure, will not be included in the scope of the project. No grants shall be awarded or funds expended until such letter is received.
(4) This section does not apply to any inland port authority receiving assistance under subsection (2) of section 81-12,147.
Source
Laws 2011, LB388, § 5;
Laws 2021, LB156, § 16;
Laws 2022, LB1012, § 19;
Laws 2023, LB818, § 25.
Effective Date: May 25, 2023
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-12,149 - Department; allocate funds; qualified action plan; contents; powers of department; applicability of section.

81-12,149.
Department; allocate funds; qualified action plan; contents; powers of department; applicability of section.
(1) During each calendar year in which funds are available from the Site and Building Development Fund for use by the Department of Economic Development pursuant to subdivisions (1)(a) through (g) of section 81-12,147, the department shall allocate a specific amount of funds, not less than forty percent, to nonmetropolitan areas. For purposes of this section, nonmetropolitan areas means counties with fewer than one hundred thousand inhabitants according to the most recent federal decennial census. In selecting projects to receive such fund assistance, the department shall develop a qualified action plan by January 1 of each even-numbered year. The plan shall give first priority to financially viable projects that have an agreement with a business that will locate a site within ninety days of the signed agreement and to financially viable projects located in whole or in part within an enterprise zone designated pursuant to the Enterprise Zone Act or an opportunity zone designated pursuant to the federal Tax Cuts and Jobs Act, Public Law 115-97. The plan shall set forth selection criteria to be used to determine priorities of the fund for activities pursuant to subdivisions (1)(a) through (g) of section 81-12,147 which are appropriate to local conditions, including the community's immediate need for site and building development, proposed increases in jobs and investment, private dollars leveraged, level of local government support and participation, and repayment, in part or in whole, of financial assistance awarded by the fund. The Director of Economic Development shall submit the plan to the Governor for approval.
(2) The department shall fund in order of priority as many applications for activities pursuant to subdivisions (1)(a) through (g) of section 81-12,147 as will utilize available money in the Site and Building Development Fund less actual administrative costs of the department in administering the fund. In administering the fund, the department may contract for services or directly provide money to other governmental entities or instrumentalities.
(3) This section does not apply to any inland port authority receiving assistance under subsection (2) of section 81-12,147.
Source
Laws 2011, LB388, § 6;
Laws 2013, LB78, § 14;
Laws 2014, LB800, § 7;
Laws 2019, LB87, § 3;
Laws 2021, LB156, § 17;
Laws 2022, LB1012, § 20.
Cross References
Enterprise Zone Act, see section 13-2101.01.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-12,150 - Rules and regulations.

81-12,150.
Rules and regulations.
The Department of Economic Development may adopt and promulgate rules and regulations to carry out the Site and Building Development Act, including rules and regulations relating to reviewing and prioritizing inland port authority proposals pursuant to sections 13-3304 and 13-3304.01 and providing financial assistance to any inland port authority created under the Municipal Inland Port Authority Act.
Source
Laws 2011, LB388, § 7;
Laws 2013, LB78, § 15;
Laws 2021, LB156, § 18;
Laws 2022, LB998, § 7.
Cross References
Municipal Inland Port Authority Act, see section 13-3301.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-12,151 - Annual report.

81-12,151.
Annual report.
The Department of Economic Development shall submit electronically an annual report regarding the Site and Building Development Act to the Legislature no later than July 1 of each year beginning July 1, 2012. The report shall contain no information that is protected by state or federal confidentiality laws.
Source
Laws 2011, LB388, § 8;
Laws 2012, LB782, § 195.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-12,152 - Act, how cited.

81-12,152.
Act, how cited.
Sections 81-12,152 to 81-12,166 shall be known and may be cited as the Business Innovation Act.
Source
Laws 2011, LB387, § 1;
Laws 2017, LB641, § 3;
Laws 2019, LB334, § 8.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-12,153 - Terms, defined.

81-12,153.
Terms, defined.
For purposes of the Business Innovation Act:
(1) Department means the Department of Economic Development;
(2) Economic redevelopment area means an area in the State of Nebraska in which:
(a) The average rate of unemployment in the area during the period covered by the most recent federal decennial census or American Community Survey 5-Year Estimate by the United States Bureau of the Census is at least one hundred fifty percent of the average rate of unemployment in the state during the same period; and
(b) The average poverty rate in the area is twenty percent or more for the federal census tract in the area;
(3) Federal grant program means the federal Small Business Administration's Small Business Innovation Research grant program or Small Business Technology Transfer grant program;
(4) Microenterprise means a for-profit business entity with not more than ten full-time equivalent employees;
(5) Prototype means an original model on which something is patterned by a resident of Nebraska or a company located in Nebraska; and
(6) Value-added agriculture means increasing the net worth of food or nonfood agricultural products by processing, alternative production and handling methods, collective marketing, or other innovative practices.
Source
Laws 2011, LB387, § 2;
Laws 2015, LB449, § 1;
Laws 2017, LB217, § 34;
Laws 2022, LB598, § 6;
Laws 2022, LB1012, § 21.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-12,154 - Purpose of act.

81-12,154.
Purpose of act.
The purpose of the Business Innovation Act is to encourage and support the transfer of Nebraska-based technology and innovation in rural and urban areas of Nebraska in order to create high growth, high technological companies, small businesses, and microenterprises and to enhance creation of wealth and quality jobs. The Legislature finds that the act will:
(1) Provide technical assistance planning grants pursuant to section 81-12,157 to facilitate phase one applications for the federal grant program;
(2) Provide financial assistance pursuant to section 81-12,157 to companies receiving phase one and phase two grants pursuant to the federal grant program;
(3) Provide financial assistance pursuant to section 81-12,158 to companies or individuals creating prototypes;
(4) Establish a financial assistance program pursuant to section 81-12,159 for innovation in value-added agriculture;
(5) Establish a financial assistance program for innovation in biosciences;
(6) Establish a financial assistance program pursuant to section 81-12,160 to identify commercial products and processes;
(7) Provide financial assistance pursuant to section 81-12,161 to companies using Nebraska public or private college and university researchers and facilities for applied research projects;
(8) Provide support and funding pursuant to section 81-12,162 for microlending entities, microenterprise entities, and innovation hubs; and
(9) Provide support for locally owned and operated Nebraska-based, high growth businesses by providing technical resources to foster development, growth, and high wage creation. For purposes of this subdivision, Nebraska-based, high growth business means a corporation, partnership, limited liability company, limited partnership, or limited liability partnership registered with the Secretary of State that has two to fifty employees and has annual sales of no less than five hundred thousand dollars and no more than two million five hundred thousand dollars.
Source
Laws 2011, LB387, § 3;
Laws 2014, LB1114, § 2;
Laws 2017, LB641, § 4;
Laws 2022, LB1012, § 22.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-12,155 - Qualified action plan; department; duties; contents.

81-12,155.
Qualified action plan; department; duties; contents.
In selecting projects to receive financial assistance under the Business Innovation Act, the department shall develop a qualified action plan by January 1 of each even-numbered year. The plan shall set forth selection criteria to be used to determine priorities which are appropriate to local conditions and the state's economy, including the state's immediate need for innovation development, proposed increases in jobs and investment, private dollars leveraged, industry support and participation, and repayment, in part or in whole, of financial assistance awarded under the act. The department shall submit the plan to the Governor for approval.
Source
Laws 2011, LB387, § 4;
Laws 2013, LB78, § 16.