reglab/statecodes huggingface dataset:
2023 Nebraska Revised Statutes › Chapter 2 - Agriculture › 2-404 - Comprehensive action plan and report; task force; termination.

2-404.
Comprehensive action plan and report; task force; termination.
On or before January 1, 2021, the Healthy Soils Task Force shall submit the comprehensive action plan and report its findings and recommendations to the Governor and electronically to the Agriculture Committee of the Legislature. The task force shall terminate on January 1, 2021.
Source
Laws 2019, LB243, § 4.
2023 Nebraska Revised Statutes › Chapter 2 - Agriculture › 2-406 - Legislative findings.

2-406.
Legislative findings.
The Legislature finds that:
(1) With over ninety percent of Nebraska's land base in cropland and rangeland agricultural production, its agricultural sector is foundational to the state's economy. Nebraska agricultural producers face many challenges, from shrinking profit margins, depletion of natural resources, and extreme weather events, to increased public interest concerning the impact of current agricultural practices on the environment;
(2) Since the prairie was plowed for farming, Nebraska has lost topsoil and organic matter to both water and wind erosion. Soil erosion reduces soil productivity and deteriorates water quality. Organic matter is vital to soil fertility, structure, and water retention ability and is only at one-half of its original level;
(3) This state's soil and abundant water are Nebraska's most critical natural resources. The quality of both is vital for productive and profitable agricultural production, rural and urban economic viability, long-term food security, natural resource resiliency, and the associated influences on human health and quality of life. The relative quality and availability of the state's ground water and surface waters are directly impacted by the health of the land, particularly its agricultural soil;
(4) It is not uncommon to find nitrate levels in excess of federal drinking water standards in wells across the state. Elevated levels of nitrates in Nebraska's ground water are alarming as approximately eighty-five percent of Nebraska residents rely on drinking water pumped from the ground. While nitrate levels in Nebraska's ground water are gradually improving in some areas, they remain at troublesome levels elsewhere, particularly in the central and northeastern parts of Nebraska;
(5) The Healthy Soils Task Force created under section 2-402 concluded that healthier soils produced through best soil management practices improve yield stability, produce greater financial returns over time, reduce the need for chemical inputs, increase water infiltration rates and water storage capacity making soil more resilient to drought, flooding, and erosion, and protect and improve water quality. The task force also concluded that two significant barriers to adoption of healthy soil management practices by agricultural producers are uncertainty of the positive economic return on investment in healthy soil management practices and the lack of education and information available to a broader audience; and
(6) With the general public's growing interest in how food is grown relative to human health and long-term resiliency of our natural resources, greater adoption of healthy soil management practices is beneficial to both rural and urban contingencies. A voluntary grassroots effort to accelerate the means to protect and enhance Nebraska's soil and receive the benefits described in the task force report should be encouraged and supported.
Source
Laws 2022, LB925, § 2.
2023 Nebraska Revised Statutes › Chapter 2 - Agriculture › 2-407 - Purposes of act.

2-407.
Purposes of act.
The purposes of the Resilient Soils and Water Quality Act are to (1) initiate first steps to accelerate the use and scope of best practices for healthy soil management, (2) protect and improve soil and water quality throughout the state, (3) protect the public's health and enhance agricultural production and profitability, (4) address soil health economics, resource stewardship, and managerial and environmental issues, (5) increase awareness, education, and promotion of healthy soil best practices through producer-to-producer, peer-to-peer, and mentoring relationships, networking, and sharing of technical information, and (6) provide observational proof of healthy soil benefits through access to demonstration and research farms and data.
Source
Laws 2022, LB925, § 3.
2023 Nebraska Revised Statutes › Chapter 2 - Agriculture › 2-408 - Terms, defined.

2-408.
Terms, defined.
For purposes of the Resilient Soils and Water Quality Act:
(1) Demonstration and research farms means large-scale field and pasture settings located across the state that provide a demonstration of healthy soil practices in support of the educational and research programs of the producer learning community;
(2) Department means the Department of Natural Resources; and
(3) Producer learning community means an agricultural producer-led, nonprofit, voluntary membership organization dedicated to fostering learning, skills, and abilities and the gathering and sharing of knowledge for the purpose of carrying out the Resilient Soils and Water Quality Act.
Source
Laws 2022, LB925, § 4.
2023 Nebraska Revised Statutes › Chapter 2 - Agriculture › 2-410 - Legislative intent to appropriate.

2-410.
Legislative intent to appropriate.
It is the intent of the Legislature to appropriate two hundred fifty thousand dollars beginning in FY2022-23 through FY2026-27 to carry out the Resilient Soils and Water Quality Act.
Source
Laws 2022, LB925, § 6.
Cross References
Resilient Soils and Water Quality Act, see section 2-405.
2023 Nebraska Revised Statutes › Chapter 2 - Agriculture › 2-502 - Statement of policy; purpose of act.

2-502.
Statement of policy; purpose of act.
It is the policy of this state that hemp is recognized as a viable agricultural crop. The purpose of the Nebraska Hemp Farming Act is to:
(1) Align state law with federal law regarding the cultivation, handling, marketing, and processing of hemp and hemp products;
(2) Promote the cultivation and processing of hemp and open up new commercial markets for farmers and businesses through the sale of hemp products;
(3) Establish testing and compliance procedures;
(4) Promote the expansion of Nebraska's hemp industry to the maximum extent permitted by law and allow farmers and businesses to cultivate, handle, and process hemp and sell hemp products for commercial purposes;
(5) Encourage and empower research into hemp cultivation and the processing of hemp products at postsecondary institutions in the state and in the private sector;
(6) Facilitate interstate commerce by not impeding the shipment of hemp into and out of this state; and
(7) Return Nebraska to the forefront of the hemp industry.
Source
Laws 2019, LB657, § 2.
2023 Nebraska Revised Statutes › Chapter 2 - Agriculture › 2-507 - Cultivator, processor-handler, and broker license applications; issuance; minimum qualifications; denial of license; hearing.

2-507.
Cultivator, processor-handler, and broker license applications; issuance; minimum qualifications; denial of license; hearing.
(1) The department shall receive and process all completed license applications and issue licenses to all qualified applicants. The department shall deny cultivator, processor-handler, and broker license applications if they are incomplete or deficient or if the applicant does not meet minimum qualifications, including, but not limited to:
(a) The applicant, if an individual, is at least eighteen years of age;
(b) The site registered by the applicant is located in this state;
(c) The applicant has no unpaid fees or fines owed to the state under the Nebraska Hemp Farming Act;
(d) The applicant has not had a cultivator, processor-handler, or broker license revoked in the five years preceding the date of application;
(e) The applicant has not been deemed ineligible:
(i) At any time under this section;
(ii) In the five years preceding the date of application under section 2-511; or
(iii) In the ten years preceding the date of application under section 2-512; or
(f) Any individual listed in the application for a cultivator, processor-handler, or broker license has not been convicted of a felony related to a controlled substance under either state or federal law within the preceding ten years.
(2) If an application is incomplete or deficient, the department shall, in a timely manner, notify the applicant in writing describing the reason or reasons and request additional information. If such application is not corrected or supplemented within thirty days after the department's request, the department shall deny the application.
(3) Any person who intentionally and materially falsifies any information contained in an application under the Nebraska Hemp Farming Act shall be ineligible to obtain a license to operate as a cultivator, processor-handler, or broker.
(4) A person aggrieved by the denial of a license may request a hearing pursuant to section 2-513.
Source
Laws 2019, LB657, § 7;
Laws 2020, LB1152, § 5.
2023 Nebraska Revised Statutes › Chapter 2 - Agriculture › 2-508 - License fees; delinquent fee; administrative fee; waiver by department; grounds.

2-508.
License fees; delinquent fee; administrative fee; waiver by department; grounds.
(1) License fees under the Nebraska Hemp Farming Act are due on or before December 31 and shall be in the amount listed in column A of subsection (2) of this section. The fees due on or before December 31, 2019, and by each December 31 thereafter shall be set by the director on or before July 1 of each year. The director may raise or lower such fees each year to meet the criteria in this subsection, but the fee shall not be greater than the amount in column B of subsection (2) of this section. The same percentage shall be applied to each category for all fee increases or decreases. The director shall use the fees in column A of subsection (2) of this section as a base for future fee increases or decreases. The director shall determine the fees based on estimated annual revenue and fiscal year-end cash fund balances as follows:
(a) The estimated annual revenue shall not be greater than one hundred seven percent of program cash fund appropriations allocated for the Nebraska Hemp Farming Act; and
(b) The estimated fiscal year-end cash fund balance shall not be greater than seventeen percent of program cash fund appropriations allocated for the act.
(2) Fees.
Fees
A
B
Cultivator, processor-handler, and
broker license application fee
$100
$150
Cultivator site registration fee
$400 per site
$600 per site
Processor-handler site
registration fee
$800 per site
$1,200 per site
Site modification fee
$50
$75
(3) Any fee remaining unpaid for more than one month shall be considered delinquent and the person owing the fee shall pay an additional administrative fee of twenty-five percent of the delinquent amount for each month it remains unpaid, not to exceed one hundred percent of the original amount due. The department may waive the additional administrative fee based upon the existence and extent of any mitigating circumstances that have resulted in the late payment of such fee. The purpose of the additional administrative fee is to cover the administrative costs associated with collecting fees, and all money collected as an additional administrative fee shall be remitted to the State Treasurer for credit to the Nebraska Hemp Program Fund.
Source
Laws 2019, LB657, § 8.
2023 Nebraska Revised Statutes › Chapter 2 - Agriculture › 2-509 - Nebraska Hemp Program Fund; established; use; investment.

2-509.
Nebraska Hemp Program Fund; established; use; investment.
The Nebraska Hemp Program Fund is established. The fund shall be administered by the department for the purpose of covering the costs of the department in administering sections 2-504 to 2-516 and 2-5701. The fund may receive appropriations by the Legislature, gifts, grants, federal funds, and any other funds both public and private. All fees collected by the department under sections 2-508 and 2-5701 shall be remitted to the State Treasurer for credit to the fund. Transfers from the Nebraska Hemp Program Fund to the Noxious Weed Cash Fund may be made as provided in section 2-958. Transfers from the Nebraska Hemp Program Fund to the Fertilizers and Soil Conditioners Administrative Fund may be made as provided in section 81-2,162.27. 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, LB657, § 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 2 - Agriculture › 2-510 - Cultivator, processor-handler, or broker; consent to certain actions; acknowledge risk of financial loss under act.

2-510.
Cultivator, processor-handler, or broker; consent to certain actions; acknowledge risk of financial loss under act.
(1) A cultivator, processor-handler, or broker consents to all of the following:
(a) A background check for any felony controlled substance charge in the ten years prior to the time of application completed by the department or a law enforcement agency at the direction of the department, at any time, for all of the individuals listed on the cultivator's, processor-handler's, or broker's application at the applicant's expense, which shall be in addition to the application and registration fees;
(b) Entry onto, and inspection of, all registered sites by the department or by persons at the direction of the department, with or without cause, and with reasonable advance notice;
(c) Reimbursement of the department for expenses relating to sampling and testing of any hemp or hemp material;
(d) Destruction of any of the following:
(i) Hemp found to have a measured delta-9 tetrahydrocannabinol concentration greater than the acceptable hemp THC level. Only hemp from lots found to have a measured delta-9 tetrahydrocannabinol concentration greater than the acceptable hemp THC level shall be subject to destruction;
(ii) Hemp intended for commercial purposes that is present at a location not included in a cultivator's or processor-handler's application; and
(iii) Hemp that is cultivated, processed, handled, or brokered in a manner that violates the Nebraska Hemp Farming Act or the rules and regulations adopted and promulgated thereunder; and
(e) Inspections by the department, at least annually, of cultivators and processor-handlers to verify that hemp is not cultivated, processed, or handled in violation of the Nebraska Hemp Farming Act.
(2) A cultivator, processor-handler, or broker acknowledges that all risk of financial loss under the Nebraska Hemp Farming Act is borne by such person. No compensation shall be paid by the department or the State of Nebraska for destruction of any hemp under this section.
Source
Laws 2019, LB657, § 10;
Laws 2020, LB1152, § 6.
2023 Nebraska Revised Statutes › Chapter 2 - Agriculture › 2-512 - Violations of act, state plan, or other provisions; director; duties; ineligibility to obtain license; hearing.

2-512.
Violations of act, state plan, or other provisions; director; duties; ineligibility to obtain license; hearing.
(1) Upon a determination by the director that any person in the state has, with a culpable mental state greater than negligence, violated the Nebraska Hemp Farming Act, a state plan approved by the United States Department of Agriculture, any rules and regulations adopted and promulgated under the act, or an order of the director, the director shall:
(a) Notify the United States Attorney General;
(b) Notify the Attorney General; and
(c) Notify the county attorney for the county in which the violation occurred.
(2) Any person who, with a culpable mental state greater than negligence, violates the Nebraska Hemp Farming Act, a state plan as described in section 2-516 approved by the United States Department of Agriculture, any rules and regulations adopted and promulgated under the act, a corrective action plan issued pursuant to this section, or an order of the director three times in a five-year period shall be ineligible to obtain a license to cultivate, handle, process, or broker hemp for a period of ten years beginning on the date of the third violation.
(3) A person aggrieved by an order of the director may request a hearing pursuant to section 2-513.
(4) For purposes of this section, culpable mental state greater than negligence means to act intentionally, knowingly, willfully, or recklessly.
Source
Laws 2019, LB657, § 12;
Laws 2020, LB1152, § 8.
2023 Nebraska Revised Statutes › Chapter 2 - Agriculture › 2-513 - Order of director; hearing; request; decision; appeal.

2-513.
Order of director; hearing; request; decision; appeal.
(1) Any person aggrieved by an order of the director pursuant to the Nebraska Hemp Farming Act for which a hearing was not held may request a hearing by contacting the department in writing within thirty days after the date the order was issued, and a hearing shall thereafter be held. Hearings shall be in accordance with the Administrative Procedure Act. At such hearing the department shall receive any relevant evidence and the burden of the proof shall be upon the person aggrieved by the director's order. After such hearing the department shall render a decision in writing and shall issue such order or orders duly certified as deemed necessary.
(2) Appeals of final orders issued after a hearing held pursuant to subsection (1) of this section shall be in accordance with the Administrative Procedure Act. The district court for Lancaster County shall have exclusive jurisdiction for appeals taken under the Nebraska Hemp Farming Act.
Source
Laws 2019, LB657, § 13.
Cross References
Administrative Procedure Act, see section 84-920.
2023 Nebraska Revised Statutes › Chapter 2 - Agriculture › 2-514 - Sample; testing; department; powers; list of approved testing facilities; report.

2-514.
Sample; testing; department; powers; list of approved testing facilities; report.
(1) At the licensee's expense, hemp from each lot grown at each cultivation site registered with the department shall be sampled for compliance with the acceptable hemp THC level prior to harvest and tested by an approved testing facility. After such lot sample is taken, the lot represented by the sample shall be harvested within fifteen days. The results of such tests shall be certified directly to the department by the approved testing facility prior to harvest. The test results shall identify the lot for the hemp represented by the sample.
(2) The department may, at its discretion, conduct sampling and testing of any hemp from any licensee at any time.
(3) The department may adopt and promulgate rules and regulations governing the sampling and testing of hemp, including, but not limited to, the number of samples required, the procedure for gathering samples, and certification of the test results to the department.
(4) Testing of hemp required under this section shall be conducted pursuant to standards adopted by the department using post-decarboxylation or other similarly reliable methods for the testing of delta-9 tetrahydrocannabinol concentration. The testing methodology shall consider the potential conversion of delta-9 tetrahydrocannabinolic acid in hemp into THC and the test results shall measure total available THC derived from the sum of the THC and delta-9 tetrahydrocannabinolic acid content.
(5) Testing of hemp shall be conducted by an approved testing facility.
(6) The department shall create and maintain a list of approved testing facilities.
(7) The entire hemp plant is not required to be submitted for testing.
(8) The test sample shall be obtained in compliance with the federal Agriculture Improvement Act of 2018.
(9) The requirements of this section shall be sufficient for both dioecious and monoecious cultivars.
(10) The approved testing facility shall provide a report giving the results of the potency analysis of each sample. Measurement of uncertainty shall be estimated and reported with test results. Laboratories shall use appropriate validated methods and procedures for all testing activities and evaluation of measurement of uncertainty. For tests directed by the department, the report shall be provided to the licensee and a copy of the report shall be issued to the department. The report shall be provided before the harvest date, if applicable.
(11) When a test result is adverse, the department may require a licensee to have further tests done and may require harvesting and destruction of any plants in any portions of the site containing noncompliant plants.
Source
Laws 2019, LB657, § 14;
Laws 2020, LB1152, § 9.
2023 Nebraska Revised Statutes › Chapter 2 - Agriculture › 2-515 - Cultivator or processor-handler transporting hemp; duties; record of shipments; licensee; duties.

2-515.
Cultivator or processor-handler transporting hemp; duties; record of shipments; licensee; duties.
(1) Except as provided in subsection (4) of this section, any cultivator transporting hemp cultivated under the Nebraska Hemp Farming Act shall carry with the hemp being transported a copy of the cultivator license under which it was cultivated and a copy of the test results pertaining to each lot of hemp being transported.
(2) Except as provided in subsection (4) of this section, any processor-handler transporting hemp processed under the Nebraska Hemp Farming Act shall carry with the hemp being transported a copy of the processor-handler license under which the hemp is being transported and a copy of the test results pertaining to such hemp.
(3)(a) A licensee shall maintain a record of shipments of hemp shipped from or received by the licensee. Such record shall, for each shipment of hemp, indicate the date of shipment, identify the point of origin and destination, identify the name of the person sending and receiving the shipment, and include the vehicle identification number of the vehicle transporting the hemp. Each shipment of hemp shall be entered on the record of shipments kept by the licensee by the close of the business day the shipment is shipped from or received by the licensee.
(b) A licensee may give notice to the Nebraska State Patrol up to seven days prior to a shipment of hemp to be shipped from or received by the licensee. Such notification shall be given in a manner and form prescribed by the Nebraska State Patrol and shall not be considered a public record for purposes of sections 84-712 to 84-712.09.
(4) Any licensee transporting hemp cultivated or processed under the Nebraska Hemp Farming Act shall not be required to carry a copy of the test results relating to such hemp as provided in subsection (1) or (2) of this section if such licensee carries with the hemp being transported a copy of the applicable license and is transporting:
(a) Hemp between two registered sites listed on the licensee's license application;
(b) Samples of hemp for testing to determine the THC level for private testing purposes prior to testing pursuant to section 2-514; or
(c) Live hemp plants to a registered site listed on the licensee's license application prior to cultivating such hemp plants.
Source
Laws 2019, LB657, § 15;
Laws 2020, LB1152, § 10.
2023 Nebraska Revised Statutes › Chapter 2 - Agriculture › 2-516 - State plan; director; duties; contents; disapproval; amended plan; alteration or amendment authorized.

2-516.
State plan; director; duties; contents; disapproval; amended plan; alteration or amendment authorized.
(1) No later than December 31, 2019, the director, in consultation with the Governor and the Attorney General, shall submit to the United States Secretary of Agriculture for approval a state plan by which the department shall regulate the cultivation, handling, and processing of hemp. Such state plan shall include, at a minimum:
(a) A practice to maintain relevant information regarding land on which hemp is cultivated, handled, or processed in Nebraska, including a legal description of the land, for a period of not less than three calendar years;
(b) A procedure for testing, using post-decarboxylation or other similarly reliable methods, delta-9 tetrahydrocannabinol concentration of hemp cultivated in Nebraska;
(c) A procedure for the effective destruction of hemp that is cultivated, processed, or handled in violation of the Nebraska Hemp Farming Act;
(d) A procedure to implement enforcement procedures under the act;
(e) A procedure for conducting, at a minimum, annual inspections of a random sample of hemp cultivators and processor-handlers to verify that hemp is not being cultivated, processed, or handled in violation of state or federal law;
(f) A procedure for submitting required information to the United States Department of Agriculture, as required; and
(g) A certification that the state has the resources and personnel needed to carry out the practices and procedures required by the act and federal law.
(2) If the United States Secretary of Agriculture disapproves the plan, the director, in consultation with the Governor and the Attorney General, shall submit an amended state plan to the secretary within ninety days after such disapproval.
(3) The director shall have the authority to alter or amend the state plan as required, consistent with the Nebraska Hemp Farming Act and federal law.
(4) Nothing in the Nebraska Hemp Farming Act shall be construed to be less restrictive than the federal Agriculture Improvement Act of 2018.
Source
Laws 2019, LB657, § 16;
Laws 2020, LB1152, § 11.
2023 Nebraska Revised Statutes › Chapter 2 - Agriculture › 2-518 - Hemp Promotion Fund; established; use; investment.

2-518.
Hemp Promotion Fund; established; use; investment.
The Hemp Promotion Fund is established. The fund shall be administered by the commission for the purposes set forth in section 2-517. The fund may receive appropriations by the Legislature and gifts, grants, federal funds, and any other funds both public and private. All fees collected as set forth in section 2-519 shall be remitted to the State Treasurer for credit to 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.
Source
Laws 2019, LB657, § 18.
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 › 2-519 - Fees; records; violations; penalty.

2-519.
Fees; records; violations; penalty.
(1) For purposes of this section:
(a) Commercial channels means the sale or delivery of hemp for any use to any commercial buyer, dealer, processor, or cooperative or to any person, public or private, who resells any hemp or hemp product;
(b) Delivered or delivery means receiving hemp for utilization or as a result of its sale in the State of Nebraska but excludes receiving hemp for storage; and
(c) First purchaser means any person, public or private corporation, association, partnership, limited liability company, or other entity buying, accepting for shipment, or otherwise acquiring hemp from a cultivator.
(2) A fee of one cent per pound is levied upon all hemp seed and a fee of one dollar per ton is levied upon all hemp fiber sold through commercial channels in Nebraska or delivered in Nebraska. Two-thirds of the fee levied under this section shall be paid by the cultivator at the time of sale or delivery and shall be collected by the first purchaser. The first purchaser shall pay the remaining one-third of the fee. Hemp seed and hemp fiber shall not be subject to the fees imposed by this section more than once.
(3) The first purchaser, at the time of settlement with the cultivator, shall deduct the fees imposed by this section. The fees shall be deducted whether the hemp is stored in this state or any other state. The first purchaser shall maintain the necessary records of the fees for each purchase or delivery of hemp on the settlement form or check stub showing payment to the cultivator for each purchase or delivery. Such records maintained by the first purchaser shall be open for inspection during normal business hours and provide the following information:
(a) The name and address of the cultivator and first purchaser;
(b) The date of the purchase or delivery;
(c) The number of pounds of hemp seed or pounds or tons of hemp fiber purchased; and
(d) The amount of fees collected on each purchase or delivery.
(4) The first purchaser shall render and have on file with the department by the last day of January and July of each year, on forms prescribed by the commission, a statement of the number of pounds of hemp seed or pounds or tons of hemp fiber purchased in Nebraska. At the time the statement is filed, such first purchaser shall pay and remit to the commission the fees imposed by this section.
(5) All fees collected by the commission pursuant to this section shall be remitted to the State Treasurer for credit to the Hemp Promotion Fund. The commission shall remit the fees collected to the State Treasurer within ten days after receipt.
(6) Any person intentionally violating this section shall be guilty of a Class III misdemeanor.
Source
Laws 2019, LB657, § 19.
2023 Nebraska Revised Statutes › Chapter 2 - Agriculture › 2-945.01 - Act, how cited.

2-945.01.
Act, how cited.
Sections 2-945.01 to 2-970 shall be known and may be cited as the Noxious Weed Control Act.
Source
Laws 1989, LB 49, § 1;
Laws 1994, LB 76, § 450;
Laws 2004, LB 869, § 1;
Laws 2006, LB 1226, § 2;
Laws 2007, LB701, § 3;
Laws 2016, LB1038, § 1.
2023 Nebraska Revised Statutes › Chapter 2 - Agriculture › 2-945.02 - Legislative findings and declarations.

2-945.02.
Legislative findings and declarations.
The Legislature finds and declares that:
(1) The failure to control noxious weeds on lands in this state is a serious problem which is detrimental to the production of crops and livestock and to the welfare of residents of this state and which may devalue land and reduce tax revenue;
(2) It is the purpose of the Noxious Weed Control Act to establish a workable framework, delineate responsibilities, encourage education of the public concerning noxious weeds, and provide the necessary authority to effectively control noxious weeds;
(3) It is the duty of each person who owns or controls land to effectively control noxious weeds on such land. County boards or control authorities are responsible for administration of noxious weed control laws at the county level;
(4) The Department of Agriculture should have responsibility for (a) establishing basic standards such as designating which plants are to be considered noxious weeds and which control measures are to be used in particular situations and (b) monitoring implementation of the act by the control authorities; and
(5) A state noxious weed advisory committee shall be convened by the director with broad representation to advise the director.
Source
Laws 1989, LB 49, § 2.
2023 Nebraska Revised Statutes › Chapter 2 - Agriculture › 2-946.01 - Counties; appropriate funds.

2-946.01.
Counties; appropriate funds.
Counties may appropriate and expend funds for the purchase of materials, machinery and equipment to assist the districts organized under this section and section 2-946.02. Cities or villages may appropriate and expend funds for the purchase of materials, machinery and equipment to assist districts organized within their corporate limits.
Source
Laws 1945, c. 2, § 22, p. 66.
2023 Nebraska Revised Statutes › Chapter 2 - Agriculture › 2-946.02 - Noxious weed control; cities and villages; provide funds.

2-946.02.
Noxious weed control; cities and villages; provide funds.
All cities and villages in this state shall provide for the control of noxious weeds within their jurisdiction and may appropriate money for and make the necessary expenditures for noxious weed control. The director shall advise cities and villages concerning noxious weed control.
Source
Laws 1945, c. 2, § 23, p. 66;
Laws 1975, LB 14, § 1;
Laws 1987, LB 138, § 1;
Laws 1989, LB 49, § 3.
2023 Nebraska Revised Statutes › Chapter 2 - Agriculture › 2-952 - Methods.

2-952.
Methods.
It shall be the duty of every person to control the spread of noxious weeds on lands owned or controlled by him or her and to use such methods for that purpose as are specified in rules and regulations adopted and promulgated by the director.
Source
Laws 1965, c. 7, § 1, p. 78;
Laws 1975, LB 14, § 2;
Laws 1987, LB 138, § 2;
Laws 1989, LB 49, § 4.
2023 Nebraska Revised Statutes › Chapter 2 - Agriculture › 2-953 - Terms, defined.

2-953.
Terms, defined.
For purposes of the Noxious Weed Control Act:
(1) Person means any individual, partnership, firm, limited liability company, corporation, company, society, or association, the state or any department, agency, or subdivision thereof, or any other public or private entity;
(2)(a) Control, with respect to land, means the authority to operate, manage, supervise, or exercise jurisdiction over or any similar power. The state or federal government or a political subdivision shall not be deemed to control land on which it has an easement as long as it does not otherwise operate, manage, supervise, or exercise jurisdiction over the land; and
(b) Control, with respect to weeds, means the prevention, suppression, or limitation of the growth, spread, propagation, or development or the eradication of weeds;
(3) County board means the county board of commissioners or supervisors;
(4) Noxious weeds means and includes any weeds designated and listed as noxious in rules and regulations adopted and promulgated by the director;
(5) Control authority means the county weed district board or the county board if it is designated as the control authority pursuant to section 2-953.01, which board shall represent all rural areas and cities, villages, and townships within the county boundaries;
(6) Director means the Director of Agriculture or his or her designated representative; and
(7) Weed management entity means an entity recognized by the director as being established by and consisting of local stakeholders, including tribal governments, for the purpose of controlling or eradicating harmful, invasive weeds and increasing public knowledge and education concerning the need to control or eradicate harmful, invasive weeds.
Source
Laws 1965, c. 7, § 2, p. 78;
Laws 1969, c. 13, § 1, p. 151;
Laws 1975, LB 14, § 3;
Laws 1981, LB 204, § 2;
Laws 1987, LB 1, § 1;
Laws 1987, LB 138, § 3;
Laws 1989, LB 49, § 5;
Laws 1993, LB 121, § 61;
Laws 1994, LB 76, § 453;
Laws 2004, LB 869, § 2.
2023 Nebraska Revised Statutes › Chapter 2 - Agriculture › 2-953.01 - County weed district board; elections; membership.

2-953.01.
County weed district board; elections; membership.
The county board may, following an election in which a majority of the votes cast are in favor of such action, function as and exercise the authority and carry out the duties of the county weed district board. To initiate such an election, the county board may, by resolution, require the county clerk of such county to have placed upon the ballot at the election next following such resolution, the question, Shall the county weed district board be dissolved and its duties and authority be exercised by the county board?
Yes .... No ....
If a majority of the votes cast on this question are opposed to dissolution of the county weed district board, the county shall remain subject to the direction and authority of the elected county weed district board. If a majority of the votes cast on this question are in favor of the dissolution of the county weed district board, the county board shall function as and exercise the authority and carry out the duties of the county weed district board. If, at any time following the dissolution of the county weed district board, county residents, representing at least ten percent of the votes cast in the preceding general election in such county, submit a petition to the county clerk for reestablishment of the county weed district board as an independent elected body, the clerk shall place the following question on the next general election ballot: Shall the county weed district board be reestablished and elected independent of other county officials?
Yes .... No ....
If a majority of the ballots favor reestablishment of the independent board, the county board shall appoint an initial county weed district board and thereafter the county weed district board members shall be elected in conformity with section 32-531.
When the county board does not function as the county weed district board, such board shall be composed of five members, three of whom shall be from rural areas and two of whom shall be from cities, villages, or townships.
Source
Laws 1994, LB 76, § 451.
Cross References
Election of county weed district board members, see section 32-531.
2023 Nebraska Revised Statutes › Chapter 2 - Agriculture › 2-953.02 - County weed district board; per diem; expenses; ex officio member; appointment; when.

2-953.02.
County weed district board; per diem; expenses; ex officio member; appointment; when.
The members of the county weed district board shall be paid a per diem of not less than twelve dollars for each day actually and necessarily engaged in the performance of their official duties as members of such board and shall be allowed mileage reimbursement on the same basis as provided in section 81-1176. The chairperson of the county board may appoint one additional member from the county board to serve as an ex officio member of the county weed district board to provide coordination between such boards, except that the county board member or commissioner so appointed shall not be entitled to the expense reimbursement allowed county weed district board members. The ex officio member shall possess the same authority as other members, including the right to vote.
Source
Laws 1994, LB 76, § 452;
Laws 1996, LB 1011, § 1.
2023 Nebraska Revised Statutes › Chapter 2 - Agriculture › 2-954.02 - Superintendent; continuing education.

2-954.02.
Superintendent; continuing education.
Beginning January 1, 1988, each county weed control superintendent shall be required to complete twenty hours of annual continuing education. The cost of continuing education shall be included in the annual budget of the weed control authority. Such continuing education shall focus on the use of equipment, drift control, calibration, proper selection of pesticides, legal responsibilities, and duties of office. Any statewide association of county weed control superintendents or of local governments responsible for weed control may sponsor the required continuing education program. All continuing education programs shall be submitted to the director for review and approval. The sponsoring organization shall maintain records of attendance and notify each county board of the hours completed by its weed control superintendent by January 1 of each year. Failure to complete the required number of hours of continuing education shall subject such weed control superintendent to removal from office by the county board.
Source
Laws 1987, LB 138, § 5.
2023 Nebraska Revised Statutes › Chapter 2 - Agriculture › 2-956 - Public lands; cost of control.

2-956.
Public lands; cost of control.
The cost of controlling noxious weeds on all land, including highways, roadways, streets, alleys, and rights-of-way, owned or controlled by a state department, agency, commission, or board or a political subdivision shall be paid by the state department, agency, commission, or board in control thereof or the political subdivision out of funds appropriated to the state department, agency, commission, or board or budgeted by the political subdivision for its use.
Source
Laws 1965, c. 7, § 5, p. 84;
Laws 1975, LB 14, § 6;
Laws 1989, LB 49, § 8.
2023 Nebraska Revised Statutes › Chapter 2 - Agriculture › 2-957 - List; publication; equipment; treatment; disposition; violation; penalty.

2-957.
List; publication; equipment; treatment; disposition; violation; penalty.
To prevent the dissemination of noxious weeds through any article, including machinery, equipment, plants, materials, and other things, the director shall, from time to time, adopt and promulgate rules and regulations which shall include a list of noxious weeds which may be disseminated through articles and a list of articles capable of disseminating such weeds and shall designate in such rules and regulations treatment of such articles as, in the director's opinion, would prevent such dissemination. Until any such article is treated in accordance with the applicable rules and regulations, it shall not be moved from such premises except under and in accordance with the written permission of the control authority having jurisdiction of the area in which such article is located, and the control authority may hold or prevent its movement from such premises. The movement of any such article which has not been so decontaminated, except in accordance with such written permission, may be stopped by the control authority having jurisdiction over the place in which such movement is taking place and further movement and disposition shall only be in accordance with such control authority's direction. Any further movement of any such article not in accordance with the control authority's direction shall constitute a Class IV misdemeanor.
Source
Laws 1965, c. 7, § 6, p. 84;
Laws 1987, LB 138, § 7;
Laws 1989, LB 49, § 9.
2023 Nebraska Revised Statutes › Chapter 2 - Agriculture › 2-958 - Noxious weed control fund; authorized; Noxious Weed Cash Fund; created; use; investment.

2-958.
Noxious weed control fund; authorized; Noxious Weed Cash Fund; created; use; investment.
(1) A noxious weed control fund may be established for each control authority, which fund shall be available for expenses authorized to be paid from such fund, including necessary expenses of the control authority in carrying out its duties and responsibilities under the Noxious Weed Control Act. The weed control superintendent within the county shall (a) ascertain and tabulate each year the approximate amount of land infested with noxious weeds and its location in the county, (b) ascertain and prepare all information required by the county board in the preparation of the county budget, including actual and expected revenue from all sources, cash balances, expenditures, amounts proposed to be expended during the year, and working capital, and (c) transmit such information tabulated by the control authority to the county board not later than June 1 of each year.
(2) The Noxious Weed Cash Fund is created. The fund shall consist of proceeds raised from fees imposed for the registration of pesticides and earmarked for the fund pursuant to section 2-2634, funds credited or transferred pursuant to sections 81-201 and 81-201.05, any gifts, grants, or donations from any source, and any reimbursement funds for control work done pursuant to subdivision (1)(b)(vi) of section 2-954. An amount from the General Fund may be appropriated annually for the Noxious Weed Control Act. The fund shall be administered and used by the director to maintain the noxious weed control program and for expenses directly related to the program. Until January 1, 2020, the fund may also be used to defray all reasonable and necessary costs related to the implementation of the Nebraska Hemp Farming Act. The Department of Agriculture shall document all costs incurred for such purpose. The budget administrator of the budget division of the Department of Administrative Services may transfer a like amount from the Nebraska Hemp Program Fund to the Noxious Weed Cash Fund no later than October 1, 2022.
(3) 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 1965, c. 7, § 7, p. 84;
Laws 1969, c. 13, § 5, p. 159;
Laws 1969, c. 145, § 11, p. 675;
Laws 1987, LB 1, § 4;
Laws 1987, LB 138, § 8;
Laws 1989, LB 49, § 10;
Laws 1993, LB 588, § 35;
Laws 1994, LB 1066, § 2;
Laws 1996, LB 1114, § 11;
Laws 1997, LB 269, § 1;
Laws 2001, LB 541, § 1;
Laws 2004, LB 869, § 6;
Laws 2019, LB657, § 20.
Cross References
Nebraska Capital Expansion Act, see section 72-1269.
Nebraska Hemp Farming Act, see section 2-501.
Nebraska State Funds Investment Act, see section 72-1260.
2023 Nebraska Revised Statutes › Chapter 2 - Agriculture › 2-958.01 - Noxious Weed and Invasive Plant Species Assistance Fund; created; use; investment.

2-958.01.
Noxious Weed and Invasive Plant Species Assistance Fund; created; use; investment.
The Noxious Weed and Invasive Plant Species Assistance Fund is created. The fund may be used to carry out the purposes of section 2-958.02. The State Treasurer shall credit to the fund any funds transferred or appropriated to the fund by the Legislature and funds received as gifts or grants or other private or public funds obtained for the purposes set forth in section 2-958.02. 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 2004, LB 869, § 4;
Laws 2008, LB961, § 1;
Laws 2009, LB98, § 1.
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 › 2-959 - Control authorities; equipment and machinery; purchase; use; record.

2-959.
Control authorities; equipment and machinery; purchase; use; record.
Control authorities, independently or in combination, may purchase or provide for needed or necessary equipment for the control of weeds, whether or not declared noxious, on land under their jurisdiction and may make available the use of machinery and other equipment and operators at such cost as may be deemed sufficient to cover the actual cost of operations, including depreciation, of such machinery and equipment. All funds so received shall be deposited to the noxious weed control fund or, if no noxious weed control fund exists, to the county general fund. Each control authority shall keep a record showing the procurement and rental of equipment, which record shall be open to inspection by citizens of this state.
Source
Laws 1965, c. 7, § 8, p. 85;
Laws 1975, LB 14, § 7;
Laws 2010, LB731, § 3.
2023 Nebraska Revised Statutes › Chapter 2 - Agriculture › 2-960 - Charges; protest; hearing; appeal.

2-960.
Charges; protest; hearing; appeal.
If any person is dissatisfied with the amount of any charge made against him or her by a control authority for control work or for the purchase of materials or use of equipment, he or she may, within fifteen days after being advised of the amount of the charge, file a protest with the county board. The county board shall hold a hearing to determine whether the charges were appropriate, taking into consideration whether the control measures were conducted in a timely fashion. Following the hearing, the county board shall have the power to adjust or affirm such charge. If any person is dissatisfied with the decision of the county board or with charges made by the county board for control work performed, such person may appeal the decision, and the appeal shall be in accordance with the Administrative Procedure Act.
Source
Laws 1965, c. 7, § 9, p. 85;
Laws 1975, LB 14, § 8;
Laws 1982, LB 697, § 1;
Laws 1987, LB 138, § 9;
Laws 1988, LB 352, § 2.
Cross References
Administrative Procedure Act, see section 84-920.
2023 Nebraska Revised Statutes › Chapter 2 - Agriculture › 2-961 - Entry upon land.

2-961.
Entry upon land.
The director, any control authority, any weed control superintendent, or anyone authorized thereby may enter upon all land under his, her, or its respective jurisdiction for the purpose of performing the duties and exercising the powers under the rules and regulations adopted and promulgated by the director and the Noxious Weed Control Act, including the taking of specimens of weeds or other materials, without the consent of the person owning or controlling such land and without being subject to any action for trespass or damages, including damages for destruction of growing crops, if reasonable care is exercised.
Source
Laws 1965, c. 7, § 10, p. 86;
Laws 1987, LB 1, § 5;
Laws 1987, LB 138, § 10;
Laws 1989, LB 49, § 11.