reglab/statecodes huggingface dataset:
2023 Nebraska Revised Statutes › Chapter 2 - Agriculture › 2-4005 - Board; appointment of members; procedure.

2-4005.
Board; appointment of members; procedure.
Members shall be appointed to the board on a nonpartisan basis. Candidates for appointment to the board may place their names on a candidacy list for the respective district or for at-large appointment by submitting to the board an application for gubernatorial appointment obtained from the Governor's office, a statement of interest in serving on the board, two letters of endorsement of the candidate's appointment by grain sorghum growers, and documentation substantiating qualification to serve as a member of the board. The board may publish guidelines regarding the forms of documentation suitable to substantiate qualification to serve on the board. The board shall perform a review of each candidate's qualification to serve and shall without undue delay forward all applications for appointment to the Governor along with the board's assessment of the candidate's qualification to serve the appointment. Qualified individuals residing within their district shall be eligible for nomination as candidates from such district, and qualified individuals residing in the state shall be eligible for at-large appointment.
Source
Laws 1981, LB 11, § 5;
Laws 2011, LB107, § 2.
2023 Nebraska Revised Statutes › Chapter 2 - Agriculture › 2-4006 - Board; membership; transitional provisions.

2-4006.
Board; membership; transitional provisions.
The member serving district 1 as it existed prior to May 18, 2011, shall assume the role of serving district 1 as defined by section 2-4004, and his or her term shall expire on July 1, 2014. The member serving district 3 as it existed prior to May 18, 2011, shall assume the role of serving new district 2 as defined by section 2-4004, and his or her term shall expire on July 1, 2013. The member serving as the at-large member prior to May 18, 2011, shall assume the role of serving district 3 as defined by section 2-4004, and his or her term shall expire on July 1, 2013. The Governor shall appoint a member to serve district 4 as defined by section 2-4004, and the term of such member shall expire on July 1, 2012. The member serving district 2 as it existed prior to May 18, 2011, shall assume the role of serving as the at-large member appointed by the board as defined by section 2-4004, and his or her term shall expire on July 1, 2012. The member serving district 4 as it existed prior to May 18, 2011, shall assume the role of serving as an at-large member appointed by the Governor as defined by section 2-4004, and the term of such member shall expire on July 1, 2013. The member serving district 5 as it existed prior to May 18, 2011, shall assume the role of serving as an at-large member appointed by the Governor as defined by section 2-4004, and the term of such member shall expire on July 1, 2014.
Source
Laws 1981, LB 11, § 6;
Laws 2011, LB107, § 3.
2023 Nebraska Revised Statutes › Chapter 2 - Agriculture › 2-4007 - Board; responsibility; powers.

2-4007.
Board; responsibility; powers.
The board shall be responsible for the administration of all subsequent appointments and may adopt rules and regulations to carry out such responsibility. The composition of the board as defined by section 2-4004 shall continue until such time as the board determines that the districts and at-large membership as defined by such section are incompatible with an equitable representation of producers of grain sorghum due to changing geographic distribution of grain sorghum production in the state, changing marketing patterns, or availability of qualified individuals to serve as board members. The board may, from time to time as appropriate, by rule and regulation, redesignate districts and the number of at-large members to provide for an equitable representation of producers of grain sorghum, except that the number of appointed members of the board shall be either seven or five and the number of districts shall be no greater than six nor fewer than three.
Source
Laws 1981, LB 11, § 7;
Laws 2011, LB107, § 4.
2023 Nebraska Revised Statutes › Chapter 2 - Agriculture › 2-4008 - Board; voting members; expenses.

2-4008.
Board; voting members; expenses.
All voting members of the board shall be entitled to expenses as provided for in sections 81-1174 to 81-1177 while attending meetings of the board or while engaged in the performance of official responsibilities as determined by the board.
Source
Laws 1981, LB 11, § 8;
Laws 2020, LB381, § 9.
2023 Nebraska Revised Statutes › Chapter 2 - Agriculture › 2-4009 - Board; removal of member; grounds.

2-4009.
Board; removal of member; grounds.
A member of the board shall be removable for ceasing to (1) be a resident of the state, (2) live in the district from which appointed, or (3) be actually engaged in growing grain sorghum in the state.
Source
Laws 1981, LB 11, § 9.
2023 Nebraska Revised Statutes › Chapter 2 - Agriculture › 2-4011 - Board; duties and responsibilities.

2-4011.
Board; duties and responsibilities.
The duties and responsibilities of the board shall be to implement and carry out the grain sorghum program and to the extent applicable shall include the following:
(1) To develop and direct any grain sorghum development, utilization, and marketing program. Such program may include a program to make grants and enter into contracts for research, accumulation of data, and construction of ethanol production facilities;
(2) To prepare and approve a budget consistent with limited receipts and the scope of the grain sorghum commodity program;
(3) To adopt and promulgate reasonable rules and regulations;
(4) To procure and evaluate data and information necessary for the proper administration and operation of the grain sorghum commodity program;
(5) To employ personnel and contract for services which are necessary for the proper operation of the program;
(6) To establish a means whereby any grower of grain sorghum has the opportunity at least annually to offer his or her ideas and suggestions relative to board policy for the coming year;
(7) To authorize the expenditure of funds and contracting for expenditures to conduct proper activities of the program;
(8) To bond the treasurer and such other persons necessary to insure adequate protection of funds;
(9) To keep minutes of its meetings and other books and records which will clearly reflect all of the acts and transactions of the board and to keep these records open to examination by any grower-participant during normal business hours;
(10) To prohibit any funds collected by the board from being expended directly or indirectly to promote or oppose any candidate for public office or to influence state legislation. The board shall not expend more than twenty-five percent of its annual budget to influence federal legislation; and
(11) To make refunds for overpayments of fees according to rules and regulations which may be adopted and promulgated by the board pursuant to this section.
Source
Laws 1981, LB 11, § 11;
Laws 1983, LB 535, § 1;
Laws 1983, LB 505, § 7;
Laws 1986, LB 1016, § 4;
Laws 1986, LB 1230, § 19.
2023 Nebraska Revised Statutes › Chapter 2 - Agriculture › 2-4012 - Sale of grain sorghum; fee; adjustment.

2-4012.
Sale of grain sorghum; fee; adjustment.
(1) After August 31, 1981, there shall be paid to the board a fee of not to exceed one cent per hundredweight upon all grain sorghum sold through commercial channels in the State of Nebraska or delivered in the State of Nebraska. The fee shall be paid by the grower at the time of sale or delivery and shall be collected by the first purchaser. Under the provisions of the Grain Sorghum Resources Act, no grain sorghum shall be subject to the fee more than once.
(2) The board may, whenever it shall determine that the fees provided by this section are yielding more than is required to carry out the intent and purposes of the Grain Sorghum Resources Act, reduce such fees for such period as it shall deem justified, but not less than one year. If the board, after reducing such fees, finds that sufficient revenue is not being produced by such reduced fees, it may restore in full or in part such fees not to exceed the amount authorized by subsection (1) of this section.
Source
Laws 1981, LB 11, § 12;
Laws 1983, LB 535, § 2;
Laws 1983, LB 505, § 8;
Laws 1987, LB 610, § 3;
Laws 1997, LB 11, § 2.
2023 Nebraska Revised Statutes › Chapter 2 - Agriculture › 2-4013 - Pledge or mortgage; grain sorghum used as security; fee; refund; procedure.

2-4013.
Pledge or mortgage; grain sorghum used as security; fee; refund; procedure.
In the case of a pledge or mortgage of grain sorghum as security for a loan under the federal price support program, the fee shall be deducted from the proceeds of such loan at the time the loan is made. If, within the life of the loan, plus thirty days after the collection of a fee for grain sorghum that is mortgaged as security for a loan under the federal price support program or other government agricultural loan programs, the grower decides to purchase the grain sorghum and use it as feed, the grower shall be entitled to a refund of the checkoff fee previously paid. The refund shall be payable by the board upon the grower's written application to the board for a refund of the amount deducted. Each application for a refund by a grower shall have attached thereto proof of the tax deducted.
Source
Laws 1981, LB 11, § 13;
Laws 1997, LB 11, § 3.
2023 Nebraska Revised Statutes › Chapter 2 - Agriculture › 2-4014 - Fee; when assessed.

2-4014.
Fee; when assessed.
The fee, provided for by section 2-4012, shall be deducted, as provided by sections 2-4001 to 2-4020, whether such grain sorghum is stored in this state or any other state.
Source
Laws 1981, LB 11, § 14.
2023 Nebraska Revised Statutes › Chapter 2 - Agriculture › 2-4015 - Fee; when not applicable.

2-4015.
Fee; when not applicable.
The fee imposed by section 2-4012 shall not apply to the sale of grain sorghum to the federal government for ultimate use or consumption by the people of the United States when the State of Nebraska is prohibited from imposing such fee by the Constitution of the United States and laws enacted pursuant thereto.
Source
Laws 1981, LB 11, § 15.
2023 Nebraska Revised Statutes › Chapter 2 - Agriculture › 2-4016 - Purchaser; deduct fee; maintain records; public inspection; quarterly statement.

2-4016.
Purchaser; deduct fee; maintain records; public inspection; quarterly statement.
(1) The purchaser, at the time of settlement, shall deduct the grain sorghum fee and shall maintain the necessary record of the fee for each purchase of grain sorghum on the grain settlement form or check stub showing payment to the grower for each purchase. Such records maintained by the purchaser shall provide the following information: (a) Name and address of the grower and seller; (b) the date of the purchase; (c) the number of hundredweights of grain sorghum sold; and (d) the amount of fees collected on each purchase. Such records shall be open for inspection during normal business hours observed by the purchaser.
(2) The purchaser shall render and have on file with the board by the last day of each January, April, July, and October, on forms prescribed by the board, a statement of the number of hundredweights of grain sorghum purchased in Nebraska during the preceding quarter. At the time the statement is filed, the purchaser shall pay and remit to the board the fee as provided for in section 2-4012.
Source
Laws 1981, LB 11, § 16;
Laws 1983, LB 535, § 3.
2023 Nebraska Revised Statutes › Chapter 2 - Agriculture › 2-4017 - Board; annual report; contents.

2-4017.
Board; annual report; contents.
The board shall make and publish an annual report on or before January 1 of each year, which report shall set forth in detail the income received from the grain sorghum assessment for the previous year and shall include:
(1) The expenditure of all funds by the board during the previous year for the administration of sections 2-4001 to 2-4020;
(2) The action taken by the board on all contracts requiring the expenditure of funds by the board;
(3) Copies of all such contracts;
(4) A detailed explanation of all programs relating to the discovery, promotion, and development of markets and industries for the utilization of grain sorghum, the direct expense associated with each program, and copies of such programs if in writing; and
(5) The name and address of each member of the board and a copy of all rules and regulations promulgated by the board.
Such report shall be available to the public upon request.
Source
Laws 1981, LB 11, § 17.
2023 Nebraska Revised Statutes › Chapter 2 - Agriculture › 2-4018 - Grain Sorghum Development, Utilization, and Marketing Fund; created; purpose; investment.

2-4018.
Grain Sorghum Development, Utilization, and Marketing Fund; created; purpose; investment.
The State Treasurer shall establish in the state treasury a fund to be known as the Grain Sorghum Development, Utilization, and Marketing Fund, to which shall be credited (1) all fees collected by the board pursuant to the Grain Sorghum Resources Act and (2) any repayments relating to the fund, including license fees or royalties, which shall be credited to the fund for the uses and purposes of the act and its enforcement. Such fund shall be expended solely for the administration of the 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 1981, LB 11, § 18;
Laws 1995, LB 7, § 24;
Laws 2019, LB298, § 12.
Cross References
Nebraska Capital Expansion Act, see section 72-1269.
Nebraska State Funds Investment Act, see section 72-1260.
2023 Nebraska Revised Statutes › Chapter 2 - Agriculture › 2-4019 - Board; cooperate with University of Nebraska and other organizations; purpose.

2-4019.
Board; cooperate with University of Nebraska and other organizations; purpose.
The board shall not set up research or development units or agencies of its own, but shall limit its activity to cooperation and contracts with the University of Nebraska Institute of Agriculture and Natural Resources, and other proper local, state, or national organizations, public or private, in carrying out the purposes of sections 2-4001 to 2-4020.
Source
Laws 1981, LB 11, § 19.
2023 Nebraska Revised Statutes › Chapter 2 - Agriculture › 2-4021 - Grain Sorghum National Checkoff Fund; created; use; investment.

2-4021.
Grain Sorghum National Checkoff Fund; created; use; investment.
The Grain Sorghum National Checkoff Fund is created. The fund shall be administered by the Grain Sorghum Development, Utilization, and Marketing Board. All sums of money received from the United Sorghum Checkoff Program shall be deposited in the fund. The board shall expend the fund to conduct state-specific programs for research, information, and promotion related to grain sorghum. 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 2019, LB298, § 23.
Cross References
Nebraska Capital Expansion Act, see section 72-1269.
Nebraska State Funds Investment Act, see section 72-1260.
2023 Nebraska Revised Statutes › Chapter 2 - Agriculture › 2-4102 - Terms, defined.

2-4102.
Terms, defined.
For purposes of the Dry Pea and Lentil Resources Act, unless the context otherwise requires:
(1) Commercial channels means the sale of any dry peas and lentils for any use when sold to any commercial buyer, dealer, processor, or cooperative or any person, public or private, who resells any dry peas and lentils or product produced from dry peas and lentils;
(2) Commission means the Dry Pea and Lentil Commission;
(3) Dry peas and lentils means dry peas, lentils, chickpeas or garbanzo beans, faba beans, or lupins;
(4) First purchaser means any person, public or private corporation, association, partnership, or limited liability company buying, accepting for shipment, or otherwise acquiring the property rights in or to any dry peas and lentils from a grower and includes a mortgagee, pledgee, lienor, or other person, public or private, having a claim against the grower when the actual or constructive possession of such dry peas and lentils is taken as part payment or in satisfaction of such mortgage, pledge, lien, or claim;
(5) Grower means any landowner personally engaged in growing any dry peas and lentils, a tenant of the landowner personally engaged in growing any dry peas and lentils, and both the owner and the tenant jointly and includes a person, partnership, limited liability company, association, corporation, cooperative, trust, sharecropper, and other business units, devices, and arrangements;
(6) Net market price means the sales price, or other value, per volumetric unit received by a grower for any dry peas and lentils after adjustment for any premium or discount;
(7) Net market value means the value found by multiplying the net market price by the appropriate quantity of the volumetric units or the minimum value in a production contract received by a grower for any dry peas and lentils after adjustments for any premium or discount. For any dry peas and lentils pledged as collateral for a loan issued under any Commodity Credit Corporation price support loan program, net market value means the principal amount of the loan; and
(8) Sale includes any pledge or mortgage of any dry peas and lentils after harvest to any person, public or private.
Source
Laws 2020, LB803, § 2.
2023 Nebraska Revised Statutes › Chapter 2 - Agriculture › 2-4103 - Dry Pea and Lentil Commission, created.

2-4103.
Dry Pea and Lentil Commission, created.
The Dry Pea and Lentil Commission is created. Members shall be appointed to the commission by the Governor pursuant to section 2-4104.
Source
Laws 2020, LB803, § 3.
2023 Nebraska Revised Statutes › Chapter 2 - Agriculture › 2-4104 - Commission; members; appointment; districts.

2-4104.
Commission; members; appointment; districts.
(1) The commission shall be composed of five members who shall:
(a) Be citizens of Nebraska;
(b) Be at least twenty-one years of age;
(c) Have been actually engaged in growing dry peas and lentils in this state for a period of at least five years;
(d) Reside in the district they represent; and
(e) Derive a substantial portion of their income from growing dry peas and lentils.
(2) The Director of Agriculture and the vice chancellor of the University of Nebraska Institute of Agriculture and Natural Resources shall serve as nonvoting members of the commission.
(3) With the exception of the nonvoting members, the Governor shall appoint the members to the commission. The Governor shall appoint the initial members no later than July 1, 2021. One member shall be appointed from each of the following five districts:
(a) District 1: The counties of Sioux, Scotts Bluff, Banner, Kimball, Dawes, Box Butte, Morrill, Cheyenne, Sheridan, Garden, and Deuel;
(b) District 2: The counties of Cherry, Grant, Hooker, Thomas, Arthur, McPherson, Logan, Keith, Perkins, Lincoln, Chase, Hayes, Frontier, Dundy, Hitchcock, and Red Willow;
(c) District 3: All counties other than those listed in subdivision (a) or (b) of this subsection;
(d) District 4: The state at-large; and
(e) District 5: The state at-large.
Source
Laws 2020, LB803, § 4.
2023 Nebraska Revised Statutes › Chapter 2 - Agriculture › 2-4105 - Commission; members; terms.

2-4105.
Commission; members; terms.
The term of the member first appointed to serve district 1 shall expire on June 30, 2022; the term of the members first appointed to serve district 2 and district 4 shall expire on June 30, 2023; and the term of the members first appointed to serve district 3 and district 5 shall expire on June 30, 2024. As the terms of office of the initial commission members expire as provided in this section, their successors shall be appointed to serve for terms of three years and until their successors are appointed and qualified. A member appointed to fill a vacancy, occurring before the expiration of the term of a member separated from the commission for any cause, shall be appointed for the remainder of the term of the member whose office has been so vacated in the same manner as his or her predecessor. Each commission member may serve a maximum of three consecutive terms.
Source
Laws 2020, LB803, § 5.
2023 Nebraska Revised Statutes › Chapter 2 - Agriculture › 2-4106 - Commission; members; expenses.

2-4106.
Commission; members; expenses.
All voting members of the commission shall be entitled to expenses, as provided for in sections 81-1174 to 81-1177, while attending meetings of the commission or while engaged in the performance of official responsibilities as determined by the commission.
Source
Laws 2020, LB803, § 6.
2023 Nebraska Revised Statutes › Chapter 2 - Agriculture › 2-4107 - Commission; members; removal.

2-4107.
Commission; members; removal.
A member of the commission may be removed by the Governor for cause. He or she shall first be given a written copy of the cause or causes for removal and an opportunity to be heard publicly. In addition to all other causes, a member ceasing to (1) be a resident of the state, (2) live in the district from which he or she was appointed, or (3) be actually engaged in growing dry peas and lentils in the state shall be deemed a sufficient cause for removal from the commission.
Source
Laws 2020, LB803, § 7.
2023 Nebraska Revised Statutes › Chapter 2 - Agriculture › 2-4108 - Commission; officers; meetings; quorum.

2-4108.
Commission; officers; meetings; quorum.
At the first meeting of the commission, it shall elect a chairperson from among its members. The commission shall meet at least once every year and at such other times as called by the chairperson or by any three voting members of the commission. The majority of the voting members of the commission shall constitute a quorum for transaction of business. The commission may hold meetings by virtual conferencing subject to the Open Meetings Act. No member shall vote by proxy, and the affirmative vote of the majority of all members of the commission shall be necessary for the adoption of rules and regulations.
Source
Laws 2020, LB803, § 8;
Laws 2021, LB83, § 1.
Cross References
Open Meetings Act, see section 84-1407.
2023 Nebraska Revised Statutes › Chapter 2 - Agriculture › 2-4109 - Commission; purpose; powers.

2-4109.
Commission; purpose; powers.
It is hereby declared to be the public policy of the State of Nebraska to protect and foster the health, prosperity, and general welfare of its people by protecting and stabilizing the dry pea and lentil industry and the economy of the areas producing dry peas and lentils. The commission shall be the agency of the State of Nebraska for such purpose. In connection with and in furtherance of such purpose, the commission shall have the power to:
(1) Formulate the general policies and programs of the State of Nebraska respecting the discovery, promotion, and development of markets and industries for the utilization of dry peas and lentils grown within the State of Nebraska;
(2) Adopt and devise a program of education and publicity;
(3) Cooperate with local, state, or national organizations, whether public or private, in carrying out the purposes of the Dry Pea and Lentil Resources Act and enter into such contracts as may be necessary;
(4) Adopt and promulgate such rules and regulations as are necessary to promptly and effectively enforce the Dry Pea and Lentil Resources Act. The rules and regulations shall include provisions which prescribe the procedure for adjustment of the excise tax by the commission pursuant to section 2-4111;
(5) Conduct, in addition to the things enumerated in this section, any other program for the development, utilization, and marketing of dry peas and lentils grown in the State of Nebraska. Such programs may include a program to make grants and enter into contracts for research and accumulation of data;
(6) Make refunds for overpayments of the excise tax according to rules and regulations adopted and promulgated by the commission; and
(7) Employ personnel and contract for services which are necessary for the proper operation of the Dry Pea and Lentil Resources Act.
Source
Laws 2020, LB803, § 9.
2023 Nebraska Revised Statutes › Chapter 2 - Agriculture › 2-4110 - Commission; administrative office.

2-4110.
Commission; administrative office.
The commission may establish an administrative office in the State of Nebraska at such place as may be suitable for the furtherance of the Dry Pea and Lentil Resources Act. The commission shall not purchase, construct, or otherwise obtain title to its own administrative office, but shall be limited to leasing state or commercial office space.
Source
Laws 2020, LB803, § 10.
2023 Nebraska Revised Statutes › Chapter 2 - Agriculture › 2-4111 - Dry peas and lentils; excise tax; amount; adjustment.

2-4111.
Dry peas and lentils; excise tax; amount; adjustment.
(1) Beginning on July 1, 2021, there is hereby levied an excise tax of one percent of the net market value of dry peas and lentils sold through commercial channels in the State of Nebraska. The tax shall be levied and imposed on the grower at the time of sale or delivery and shall be collected by the first purchaser. Under the Dry Pea and Lentil Resources Act, no dry peas and lentils shall be subject to the tax more than once.
(2) After July 1, 2023, the commission may, whenever it determines that the excise tax levied by this section is yielding more or less than is required to carry out the intent and purposes of the Dry Pea and Lentil Resources Act, reduce or increase such levy for such period as it deems justifiable, but not less than one year, and such levy shall not be less than one percent of net market value and not exceed two percent of the net market value. Any adjustment to the levy shall be by rule and regulation adopted and promulgated by the commission.
Source
Laws 2020, LB803, § 11.
2023 Nebraska Revised Statutes › Chapter 2 - Agriculture › 2-4112 - Excise tax; deduct from loan proceeds.

2-4112.
Excise tax; deduct from loan proceeds.
In the case of a pledge or mortgage of dry peas and lentils as security for a loan under the federal price support program, the tax shall be deducted from the proceeds of such loan at the time the loan is made.
Source
Laws 2020, LB803, § 12.
2023 Nebraska Revised Statutes › Chapter 2 - Agriculture › 2-4113 - Excise tax; stored dry peas and lentils.

2-4113.
Excise tax; stored dry peas and lentils.
The tax provided for by section 2-4111 shall be deducted as provided by the Dry Pea and Lentil Resources Act, whether such dry peas and lentils are stored in this or any other state.
Source
Laws 2020, LB803, § 13.
2023 Nebraska Revised Statutes › Chapter 2 - Agriculture › 2-4114 - Excise tax; federal government; sale; exception.

2-4114.
Excise tax; federal government; sale; exception.
The tax levied and imposed by section 2-4111 shall not apply to the sale of dry peas and lentils to the federal government for ultimate use or consumption by the people of the United States, where the State of Nebraska is prohibited from imposing such tax by the Constitution of the United States and laws enacted pursuant thereto.
Source
Laws 2020, LB803, § 14.
2023 Nebraska Revised Statutes › Chapter 2 - Agriculture › 2-4115 - Excise tax; first purchaser; records; statement; remittance.

2-4115.
Excise tax; first purchaser; records; statement; remittance.
(1) The first purchaser, at the time of settlement, shall deduct the dry pea and lentil excise tax as provided for in section 2-4111 and shall maintain the necessary records of the excise tax for each purchase of dry peas and lentils on the grain settlement form or check stub showing payment to the grower for each purchase. Such records maintained by the first purchaser shall provide the following information:
(a) Name and address of the grower and seller;
(b) Date of the purchase;
(c) Number of pounds of dry peas and lentils sold;
(d) Total value of the dry peas and lentils sold; and
(e) Amount of the dry pea and lentil excise tax collected on each purchase.
(2) Such records shall be open for inspection and audit by authorized representatives of the commission during normal business hours observed by the first purchaser.
(3) The first purchaser shall render and have on file with the commission by the tenth day of each month on forms prescribed by the commission, a statement of the number of pounds of dry peas and lentils purchased in Nebraska during the prior month. At the time the statement is filed, the first purchaser shall pay and remit to the commission the tax as provided for in section 2-4111.
Source
Laws 2020, LB803, § 15.
2023 Nebraska Revised Statutes › Chapter 2 - Agriculture › 2-4116 - Dry Pea and Lentil Fund, created; use; investment.

2-4116.
Dry Pea and Lentil Fund, created; use; investment.
The Dry Pea and Lentil Fund is created. All taxes collected by the commission pursuant to the Dry Pea and Lentil Resources Act and any repayments relating to the fund, including license fees or royalties, shall be remitted to the State Treasurer for credit to the fund. The fund shall be used to carry out such act. The commission shall at each regular meeting review and approve all expenditures made since its last regular meeting. 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 2020, LB803, § 16.
Cross References
Nebraska Capital Expansion Act, see section 72-1269.
Nebraska State Funds Investment Act, see section 72-1260.
2023 Nebraska Revised Statutes › Chapter 2 - Agriculture › 2-4117 - Commission; restriction on authority; cooperate with agencies and organizations.

2-4117.
Commission; restriction on authority; cooperate with agencies and organizations.
The commission shall not be authorized to set up research or development units or agencies of its own, but shall limit its activity to cooperation and contracts with the Department of Agriculture, University of Nebraska Institute of Agriculture and Natural Resources, or other proper local, state, or national organizations, public or private, in carrying out the Dry Pea and Lentil Resources Act.
Source
Laws 2020, LB803, § 17.
2023 Nebraska Revised Statutes › Chapter 2 - Agriculture › 2-4119 - Commission; use of funds; restrictions.

2-4119.
Commission; use of funds; restrictions.
No funds collected by the commission shall be expended directly or indirectly to promote or oppose any candidate for public office or to influence state legislation. The commission shall not expend more than twenty-five percent of its annual budget to influence federal legislation.
Source
Laws 2020, LB803, § 19.
2023 Nebraska Revised Statutes › Chapter 2 - Agriculture › 2-4202 - Legislative policy.

2-4202.
Legislative policy.
It is hereby declared to be the policy of the Legislature to provide for the conservation and protection of the natural resources of this state through control and prevention of soil erosion, reduction of sediment damage, control of flood waters, enhancement of domestic water supply, improvement of water quality, and collection and containment of water. Within this state, the landowners involved in farm and ranch operations and the political subdivisions must be provided with financial assistance to encourage conservation of the state's water and related land resources. Without such conservation incentives, the control, containment, and utilization of our water resources and the productivity of our soil will be greatly threatened.
Assistance provided to landowners under the Conservation Corporation Act will enhance farm and ranch operations, one of the chief industries of this state, by protecting or enhancing agricultural productivity and will protect, preserve, and promote the source of food supplies to the citizens of this state. Assistance provided to political subdivisions under the Conservation Corporation Act will promote the general welfare of the citizens of such political subdivisions and further promote the productivity of business enterprises and the general health, welfare, and safety. The necessity for the Conservation Corporation Act to protect the health, safety, and general welfare of all people of this state is hereby declared as a matter of legislative determination.
Source
Laws 1981, LB 385, § 2;
Laws 1983, LB 20, § 1;
Laws 1985, LB 387, § 2.
2023 Nebraska Revised Statutes › Chapter 2 - Agriculture › 2-4203 - Nebraska Conservation Corporation; purpose.

2-4203.
Nebraska Conservation Corporation; purpose.
The purpose of the Nebraska Conservation Corporation created in section 2-4205 shall be to provide conservation assistance to Nebraska landowners involved in farm and ranch operations in the form of low-cost conservation loans to facilitate the implementation of land treatment and water conservation practices and to assist the political subdivisions of the State of Nebraska by financing arrangements in connection with natural resource development practices.
Source
Laws 1981, LB 385, § 3;
Laws 1983, LB 20, § 2;
Laws 1985, LB 387, § 3.
2023 Nebraska Revised Statutes › Chapter 2 - Agriculture › 2-4205 - Nebraska Conservation Corporation; created; board of directors; officers.

2-4205.
Nebraska Conservation Corporation; created; board of directors; officers.
There is hereby created a body politic and corporate, not a state agency, but an independent instrumentality exercising essential public functions to be known as the Nebraska Conservation Corporation. The board of directors shall administer the corporation. The board shall have the authority to determine the administrative structure and procedure of the corporation. The board shall select a chairperson and a secretary-treasurer from among its members. Selection and terms of office for the chairperson and secretary-treasurer shall be governed by the interlocal cooperation agreement and the articles and bylaws of the Nebraska Association of Resources Districts.
Source
Laws 1981, LB 385, § 5.
2023 Nebraska Revised Statutes › Chapter 2 - Agriculture › 2-4206 - Board of directors; quorum; action; executive committee.

2-4206.
Board of directors; quorum; action; executive committee.
The powers of the corporation shall be vested in the board of directors. Thirteen members of the board shall constitute a quorum for the transaction of business. The affirmative vote of at least thirteen members shall be necessary for any action to be taken by the board pursuant to the Conservation Corporation Act. The board of directors in a bylaw or other written procedure shall establish an executive committee composed of the administrator and three members of the board of directors, one of whom shall be a director from a natural resources district in which is located a city of the primary class or a city of the metropolitan class, for purposes of conducting hearings and reviewing and approving applications for conservation loans and natural resource development loans.
Source
Laws 1981, LB 385, § 6;
Laws 1985, LB 387, § 5.
2023 Nebraska Revised Statutes › Chapter 2 - Agriculture › 2-4208 - Administrator; appointment; duties; members; expenses.

2-4208.
Administrator; appointment; duties; members; expenses.
The board of directors shall appoint an administrator who shall be an employee of the corporation, but not a member of the board, and who shall serve at the pleasure of the board and receive such compensation and benefits as shall be fixed by the board. The administrator shall administer, manage, and direct the affairs and the activities of the corporation in accordance with policies and under the control and direction of the board. The administrator shall approve all accounts for salaries, allowable expenses of the corporation or of any employee or consultant thereof, and expenses incidental to the operation of the corporation. He or she shall perform such duties as may be directed by the members in carrying out the Conservation Corporation Act. Members of the board of directors and any employees of the corporation shall be reimbursed for expenses as provided in sections 81-1174 to 81-1177. All employees of the corporation shall be administratively responsible to the administrator.
Source
Laws 1981, LB 385, § 8;
Laws 2020, LB381, § 10.
2023 Nebraska Revised Statutes › Chapter 2 - Agriculture › 2-4209 - Administrator; meetings; records; seal; certified copies; effect.

2-4209.
Administrator; meetings; records; seal; certified copies; effect.
The administrator shall attend the meetings of the board of directors of the corporation, shall keep a record of the proceedings of the corporation, and shall maintain and be custodian of all books, documents, and papers filed with the corporation, the minutes book or journal of the corporation, and its official seal. He or she may cause copies to be made of all minutes and other records and documents of the corporation and may give certificates under seal of the corporation to the effect that such copies are true copies and all persons dealing with the corporation may rely upon such certificates.
Source
Laws 1981, LB 385, § 9;
Laws 1985, LB 387, § 6.
2023 Nebraska Revised Statutes › Chapter 2 - Agriculture › 2-4210 - Personnel; contract for services.

2-4210.
Personnel; contract for services.
The corporation with advice of the administrator may employ legal counsel, technical experts, and such other officers, agents, and employees, permanent or temporary, as it deems necessary to carry out the efficient operation of the corporation, and shall determine their qualifications, duties, compensation, and terms of office. The board may delegate to one or more agents or employees of the corporation such administrative duties as it deems proper. The corporation may contract for any service deemed necessary for its beneficial purposes.
Source
Laws 1981, LB 385, § 10.
2023 Nebraska Revised Statutes › Chapter 2 - Agriculture › 2-4211 - Member or employee; conflict of interest; disclosure; officer or employee of state; membership on or service to corporation; how treated.

2-4211.
Member or employee; conflict of interest; disclosure; officer or employee of state; membership on or service to corporation; how treated.
Any board member or employee of the corporation who has, will have, or later acquires an interest, direct or indirect, in any transaction with the corporation shall immediately disclose the nature and extent of such interest in writing to the corporation as soon as he or she has knowledge of such actual or prospective interest. Such disclosure shall be entered upon the minutes of the corporation. Upon such disclosure, such member or employee shall not participate in any action by the corporation authorizing such transactions.
Notwithstanding the provisions of any other law, no officer or employee of this state shall be deemed to have forfeited or shall forfeit his or her office or employment by reason of his or her acceptance of office as a director of the corporation or by reason of providing services to such corporation. The fact that a member of the board of directors is a director of a natural resources district which is to receive a natural resource development loan or which may participate with the corporation in identifying and approving owners of real estate in such natural resources district who qualify for assistance from the corporation shall not be deemed an interest, direct or indirect, that would disqualify such board member from participating in transactions affecting such natural resources district or such landowners.
Source
Laws 1981, LB 385, § 11;
Laws 1983, LB 20, § 4;
Laws 1985, LB 387, § 7.
2023 Nebraska Revised Statutes › Chapter 2 - Agriculture › 2-4212 - Members; administrator; surety bond.

2-4212.
Members; administrator; surety bond.
Before the transaction of any business under sections 2-4201 to 2-4246, each member of the board of directors and the administrator shall execute a surety bond in the penal sum of fifty thousand dollars. To the extent any member of the board of directors or the administrator of the corporation is already covered by a bond required by state law, such member or the administrator need not obtain another bond so long as the bond required by the state law is in at least the penal sum specified in this section and covers the activities for the corporation by the member or administrator. In lieu of such bond, the administrator may execute a blanket surety bond covering each member and the administrator. Each surety bond shall be conditioned upon the faithful performance of the duties of the member or administrator, and shall be issued by a surety company authorized to transact business in this state as surety. At all times after the issuance of any surety bond, each member and the administrator shall maintain such surety bonds in full force and effect. All costs of the surety bonds shall be borne by the corporation.
Source
Laws 1981, LB 385, § 12.
2023 Nebraska Revised Statutes › Chapter 2 - Agriculture › 2-4214 - Duties; enumerated.

2-4214.
Duties; enumerated.
The corporation shall have the following duties:
(1) To invest any funds not needed for immediate disbursement, including any funds held in reserve, in direct and general obligations of or obligations fully and unconditionally guaranteed by the United States of America; obligations issued by agencies of the United States of America; obligations of this state or of any political subdivision except obligations of sanitary and improvement districts organized under Chapter 31, article 7; certificates of deposit of banks whose deposits are insured or guaranteed by the Federal Deposit Insurance Corporation or collateralized by deposit of securities with the secretary-treasurer of the corporation, as, and to the extent not covered by insurance or guarantee, with securities which are eligible for securing the deposits of the state or counties, school districts, cities, or villages of the state; certificates of deposit of capital stock financial institutions as provided by section 77-2366; certificates of deposit of qualifying mutual financial institutions as provided by section 77-2365.01; repurchase agreements which are fully secured by any of such securities or obligations which may be unsecured and unrated, including investment agreements, of any corporation, national bank, capital stock financial institution, qualifying mutual financial institution, bank holding company, insurance company, or trust company which has outstanding debt obligations which are rated by a nationally recognized rating agency in one of the three highest rating categories established by such rating agency; or any obligations or securities which may from time to time be legally purchased by governmental subdivisions of this state pursuant to subsection (1) of section 77-2341;
(2) To collect fees and charges the corporation determines to be reasonable in connection with its loans, advances, insurance commitments, and servicing;
(3) To cooperate with and exchange services, personnel, and information with any federal, state, or local governmental agencies;
(4) To sell, assign, or otherwise dispose of at public or private sale, with or without public bidding, any mortgage or other obligations held by the corporation; and
(5) To do any act necessary or convenient to the exercise of the powers granted by the Conservation Corporation Act or reasonably implied from it.
Source
Laws 1981, LB 385, § 14;
Laws 1985, LB 387, § 9;
Laws 1989, LB 33, § 2;
Laws 1989, LB 221, § 1;
Laws 2001, LB 362, § 3;
Laws 2009, LB259, § 1.
2023 Nebraska Revised Statutes › Chapter 2 - Agriculture › 2-4215 - Coordinate activities with state and natural resources districts.

2-4215.
Coordinate activities with state and natural resources districts.
In exercising any powers granted by the Conservation Corporation Act, the corporation shall coordinate its activities with the land and water resources policies, programs, and planning efforts of the state, particularly the Department of Environment and Energy and the Department of Natural Resources, and with the several natural resources districts throughout the state.
Source
Laws 1981, LB 385, § 15;
Laws 1993, LB 3, § 4;
Laws 2000, LB 900, § 62;
Laws 2019, LB302, § 13.
2023 Nebraska Revised Statutes › Chapter 2 - Agriculture › 2-4216 - Loans to or deposits with lenders; conditions.

2-4216.
Loans to or deposits with lenders; conditions.
The corporation may make and undertake commitments to make loans to or deposits with lenders under terms and conditions requiring the lenders to make conservation loans to landowners or natural resource development loans to political subdivisions in an aggregate amount equal to the amount of the loan or deposit made by the corporation with the lenders. The conservation loans or natural resource development loans may be originated through and serviced by any lender authorized to transact business in the State of Nebraska. Any lender making conservation loans or natural resource development loans pursuant to this section with funds borrowed from or deposited by the corporation may secure such loans in any manner such lender deems advisable.
Source
Laws 1981, LB 385, § 16;
Laws 1983, LB 20, § 6;
Laws 1985, LB 387, § 10.
2023 Nebraska Revised Statutes › Chapter 2 - Agriculture › 2-4217 - Investment in, purchase of, or assignment of loans; conditions.

2-4217.
Investment in, purchase of, or assignment of loans; conditions.
The corporation may invest in, purchase, or make commitments to invest in or purchase, and take assignments or make commitments to take assignments of, conservation loans made to landowners for the construction or implementation of conservation practices by such landowners. No conservation loans shall be eligible for investment in, purchase, or assignment by the corporation if the conservation loan was made more than three years prior to the date of investment, purchase, or assignment by the corporation. A conservation loan invested in, purchased, or assigned by the corporation under this section may be secured by a mortgage or such other security device as the corporation deems necessary to secure the payment of principal and interest on such conservation loan.
The corporation may make, invest in, purchase, or make a commitment to make, invest in, or purchase natural resource development loans to any political subdivision. Such loans may be evidenced by any debt obligation which the political subdivision is authorized to issue in connection with any natural resource development practice and may be secured by such general or special revenue sources as the political subdivision is authorized to pledge or commit.
Source
Laws 1981, LB 385, § 17;
Laws 1983, LB 20, § 7;
Laws 1985, LB 387, § 11.
2023 Nebraska Revised Statutes › Chapter 2 - Agriculture › 2-4218 - Loans to lenders; requirements.

2-4218.
Loans to lenders; requirements.
Prior to exercising any of the powers authorized in sections 2-4216 and 2-4217 in connection with any conservation loan, the corporation shall require the lender to certify and agree that:
(1) Any conservation loan made by the lender to the landowner under section 2-4216, or originated by the lender for sale or assignment to the corporation under section 2-4217, is, or if the same has not been made will at the time of making be, in all respects a prudent investment;
(2) The lender will, within a reasonable period of time after receipt of a loan amount or deposit from the corporation under section 2-4216, make conservation loans or purchase mortgages made to secure conservation loans in an aggregate amount equal to the amount of the loan or deposit made by the corporation to the lender or, if such lender has made a commitment to make conservation loans to landowners on the basis of a commitment from the corporation to purchase such conservation loans under section 2-4217, the lender will make such conservation loans and sell the same to the corporation within a reasonable period of time.
Source
Laws 1981, LB 385, § 18;
Laws 1983, LB 20, § 8;
Laws 1985, LB 387, § 12.