Nebraska LB 336: Terminate the Nebraska Hemp Commission, create the Nebraska Hemp Advisory Board, and eliminate a fee and penalty

Bill Text

LEGISLATURE OF NEBRASKA
ONE HUNDRED EIGHTH LEGISLATURE
FIRST SESSION
LEGISLATIVE BILL 336
 
Introduced by Halloran, 33.
Read first time January 11, 2023
Committee: Agriculture
A  BILL  FOR  AN  ACT  relating  to  agriculture;  to  amend  sections  2-501,1
2-509,  2-517,  2-518,  and  2-958,  Reissue  Revised  Statutes  of2
Nebraska,  and  section  81-2,162.27,  Revised  Statutes  Cumulative3
Supplement, 2022; to change provisions of the Nebraska Hemp Farming4
Act;  to  terminate  the  Nebraska  Hemp  Commission;  to  create  the5
Nebraska  Hemp  Advisory  Board;  to  change  the  use  of  a  fund;  to6
eliminate  a  fee,  a  penalty,  and  obsolete  fund  provisions;  to7
harmonize provisions; to repeal the original sections; to outright8
repeal section 2-519, Reissue Revised Statutes of Nebraska; and to9
declare an emergency.10
Be it enacted by the people of the State of Nebraska,11
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Section 1. Section 2-501, Reissue Revised Statutes of Nebraska, is1
amended to read:2
2-501 Sections 2-501 to 2-518 and sections 4 and 5 of this act 2-5193
shall be known and may be cited as the Nebraska Hemp Farming Act.4
Sec.  2.  Section  2-509,  Reissue  Revised  Statutes  of  Nebraska,  is5
amended to read:6
2-509 The Nebraska Hemp Program Fund is established. The fund shall7
be administered by the department for the purpose of covering the costs8
of  the  department  in  administering  sections  2-504  to  2-516  and  2-5701.9
The fund shall consist of money transferred may receive appropriations by10
the Legislature, gifts, grants, federal money funds, and any other money11
funds both public and private. All fees collected by the department under12
sections 2-508 and 2-5701 shall be remitted to the State Treasurer for13
credit to the fund. Transfers from the Nebraska Hemp Program Fund to the14
Noxious  Weed  Cash  Fund  may  be  made  as  provided  in  section  2-958.15
Transfers from the Nebraska Hemp Program Fund to the Fertilizers and Soil16
Conditioners  Administrative  Fund  may  be  made  as  provided  in  section17
81-2,162.27.  Any  money  in  the  fund  available  for  investment  shall  be18
invested by the state investment officer pursuant to the Nebraska Capital19
Expansion Act and the Nebraska State Funds Investment Act.20
Sec.  3.  Section  2-517,  Reissue  Revised  Statutes  of  Nebraska,  is21
amended to read:22
2-517  (1)  The  Nebraska  Hemp  Commission  is  created.  The  commission23
shall consist of the following members:24
(a) The dean of the University of Nebraska College of Agricultural25
Sciences and Natural Resources or his or her designee;26
(b)  One  member  representing  postsecondary  institutions  other  than27
the University of Nebraska; and28
(c)  Three  members  appointed  by  the  Governor  representing  the29
following interests:30
(i) Two Nebraska farmers with an interest in cultivating hemp; and31
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(ii) A manufacturer of hemp products.1
(2)  Members  appointed  pursuant  to  subdivisions  (1)(b)  and  (c)  of2
this section shall serve a term of four years and may be reappointed. A3
majority of the members of the commission shall constitute a quorum. The4
commission  shall  annually  elect  one  member  from  among  the  remaining5
members to serve as chairperson. The commission shall meet quarterly and6
may meet more often upon the call of the chairperson or by request of a7
majority of the members. The commission shall be appointed no later than8
sixty  days  after  July  1,  2021,  and  conduct  its  first  meeting  no  later9
than thirty days after appointment of the commission. The members of the10
commission  shall  serve  without  pay  but  shall  receive  expenses  incurred11
while on official business as provided in sections 81-1174 to 81-1177.12
(3) The commission shall have primary responsibility for promoting13
the  Nebraska  hemp  industry  and  shall  have  the  following  powers  and14
duties:15
(a)  To  appoint  and  fix  the  salary  of  such  support  staff  and16
employees, who shall serve at the pleasure of the commission, as may be17
required for the proper discharge of the functions of the commission;18
(b) To prepare and approve a budget;19
(c)  To  adopt  and  promulgate  reasonable  rules  and  regulations20
necessary to carry out this section and section 2-519;21
(d) To contract for services and authorize the expenditure of funds22
which are necessary for the proper operation of this section and section23
2-519;24
(e)  To  keep  minutes  of  its  meetings  and  other  books  and  records25
which  will  clearly  reflect  all  of  the  acts  and  transactions  of  the26
commission  and  to  keep  such  records  open  to  public  examination  by  any27
person during normal business hours;28
(f)  To  prohibit  using  any  funds  collected  by  the  commission  to29
directly or indirectly support or oppose any candidate for public office30
or to influence state legislation; and31
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(g) T