Chapter 2, AGRICULTURE
724 sections in this chapter.
Neb. Rev. Stat. § 2-1087 Property, defined.
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Property shall mean any real estate or personal property, including any vessel, automobile, aircraft, rail car, other vehicle, machinery, building, dock, nursery, orchard, or other place where plants are grown or maintained or the contents of such place.
Neb. Rev. Stat. § 2-1088 Rules and regulations, defined.
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Rules and regulations shall mean rules and regulations adopted and promulgated by the department pursuant to the Plant Protection and Plant Pest Act.
Neb. Rev. Stat. § 2-1089 Wild plants, defined.
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Wild plants shall mean nursery stock from any place other than a nursery.
Neb. Rev. Stat. § 2-109 Report regarding lottery revenue.
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The Department of Revenue shall, at the conclusion of each calendar quarter, provide to the most populous city within the county in which the Nebraska State Fair is held written notification of the amount estimated by the department to equal ten percent of the lottery revenue col…
Neb. Rev. Stat. § 2-1090 State Entomologist; position created; duties.
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There is hereby created in the department and under the direction of the Director of Agriculture the position of State Entomologist. Such person shall be a graduate of a recognized university with a major, or its equivalent, in entomology, plant pathology, or an equivalent biolog…
Neb. Rev. Stat. § 2-1091 Implementation or enforcement of act; department; powers.
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For the purpose of implementation or enforcement of the Plant Protection and Plant Pest Act or any rule or regulation, the department may: (1) Enter at reasonable times and in a reasonable manner without being subject to any action for trespass or damages, if reasonable care is e…
Neb. Rev. Stat. § 2-1091.01 Nursery stock distributor license; application; contents; fees; licensee duties; nursery stock; requirements; license; posting; lapse of license.
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(1) A person shall not operate as a nursery stock distributor without a valid license issued by the department. Any person validly licensed as a grower, a dealer, or a broker under the Plant Protection and Plant Pest Act as it existed on the day before September 6, 2013, shall re…
Neb. Rev. Stat. § 2-1091.02 Fees; department; powers.
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(1) Fees under the Plant Protection and Plant Pest Act that are due on January 1, 2027, shall be the amount in column A of subsection (3) of this section. (2) The license fees due January 1, 2028, and each January 1 thereafter shall be set by the director on or before July 1 of e…
Neb. Rev. Stat. § 2-1095 Nursery stock distributors; nursery stock; certification inspection; application; distribution; restrictions; treatment or destruction of stock; department; powers.
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(1) All nursery stock distributors that distribute any nursery stock that they grow shall apply for a certification inspection of the Nebraska-grown nursery stock as provided in this section. The nursery stock distributor shall receive such certification inspection of the Nebrask…
Neb. Rev. Stat. § 2-110 Matching fund requirements.
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The most populous city within the county in which the Nebraska State Fair is held or scheduled to be held that calendar year shall remit quarterly payments to the State Treasurer in amounts equal to the matching fund requirement established by the Department of Revenue under sect…
Neb. Rev. Stat. § 2-1101 Preventing Lethal Agricultural and National Threats Act, how cited.
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Sections 2-1101 to 2-1105 shall be known and may be cited as the Preventing Lethal Agricultural and National Threats Act.
Neb. Rev. Stat. § 2-1102 Terms, defined.
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For purposes of the Preventing Lethal Agricultural and National Threats Act: (1) Department means the Department of Agriculture; and (2) High-risk agricultural pathogen or pest means: (a) Any disease or pest included in the list of diseases or pests of concern, as such list exist…
Neb. Rev. Stat. § 2-1103 High-risk agricultural pathogen or pest; import prohibited, when.
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(1) Except as otherwise provided in this section, no person shall: (a) Knowingly import a high-risk agricultural pathogen or pest into this state; or (b) Import a high-risk agricultural pathogen or pest into this state with a conscious disregard of a substantial or unjustifiable …
Neb. Rev. Stat. § 2-1104 Violations; penalties.
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(1) Except as otherwise provided in this section, a violation of section 2-1103 is a Class III felony. (2) A violation of section 2-1103 is a Class IIA felony if the violation: (a) Involves concealment of the origin of a high-risk agricultural pathogen or pest; (b) Is committed b…
Neb. Rev. Stat. § 2-1105 Rules and regulations.
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(1) The department may adopt and promulgate rules and regulations that designate any agent, toxin, or organism as a high-risk agricultural pathogen or pest if such agent, toxin, or organism is capable of causing significant harm to crops, livestock, or agricultural ecosystems. (2…
Neb. Rev. Stat. § 2-111 Annual report.
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The Nebraska State Fair Board shall, no later than November 1 of each year, provide an annual report to the Governor and the Legislature regarding the use of the Nebraska State Fair Support and Improvement Cash Fund. The report submitted to the Legislature shall be submitted elec…
Neb. Rev. Stat. § 2-112 Nebraska State Fair Relocation Cash Fund; created; use; investment.
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The Nebraska State Fair Relocation Cash Fund is created. The State Treasurer shall credit to the fund such money as is transferred to the fund by the Legislature or donated as gifts, bequests, or other contributions to such fund from public or private entities. The fund shall be …
Neb. Rev. Stat. § 2-113 Transfer of Nebraska State Fairgrounds; conditions; Nebraska State Fair relocated to city of Grand Island; Nebraska State Fair Board; duties.
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(1) Upon completion of the conditions specified in subsection (2) of this section, the Director of Administrative Services shall, on or before December 31, 2009, transfer by warranty deed the site and tract of land in Lancaster County known as the Nebraska State Fairgrounds, to t…
Neb. Rev. Stat. § 2-1201 State Racing and Gaming Commission; creation; members; appointment; removal, grounds; terms; qualifications; compensation; expenses; bond or insurance; personal financial interest prohibited.
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(1) There hereby is created a State Racing and Gaming Commission. For purposes of sections 2-1201 to 2-1229, commission means the State Racing and Gaming Commission. (2) The commission shall consist of seven members who shall be appointed by the Governor and subject to confirmati…
Neb. Rev. Stat. § 2-1201.01 Commission; purposes.
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The purpose of the commission is to provide statewide regulation of horseracing and games of chance as defined in the Nebraska Racetrack Gaming Act in order to prevent and eliminate corrupt practices and fraudulent behavior, and thereby maintain a high level of integrity and hone…
Neb. Rev. Stat. § 2-1202 Commission; chairperson; executive director; compensation; duties; bond; personnel; duties; bonded or insured; vested with authority and power of law enforcement officer.
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(1) The commission shall elect one of its members to be chairperson thereof, and it shall be authorized to employ such other assistants and employees as may be necessary to carry out the purposes of sections 2-1201 to 2-1218 and the Nebraska Racetrack Gaming Act. The commission s…
Neb. Rev. Stat. § 2-1203 Commission; powers; fines; board of stewards; powers; appeal; fine.
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The commission shall have power to prescribe and enforce rules and regulations governing horseraces and race meetings licensed as provided in sections 2-1201 to 2-1229 and games of chance as provided in the Nebraska Racetrack Gaming Act. Such rules and regulations shall contain c…
Neb. Rev. Stat. § 2-1203.01 Commission; duties.
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The commission shall: (1) Enforce all state laws covering horseracing as required by sections 2-1201 to 2-1229 and enforce rules and regulations covering horseracing adopted and promulgated by the commission under the authority of section 2-1203; (2) License racetrack enclosures,…
Neb. Rev. Stat. § 2-1203.02 Licensees, administrators, and managers; application; fingerprinting and criminal history record check; costs.
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(1)(a) Any person between sixteen and seventy-five years of age applying for or holding a license to participate in or be employed at a horserace meeting licensed by the commission shall be subject to fingerprinting and a check of his or her criminal history record information ma…
Neb. Rev. Stat. § 2-1204 Horseracing; licenses; applications.
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(1) The Nebraska State Fair Board, a county fair board, a county agricultural society for the improvement of agriculture organized under the County Agricultural Society Act, or a corporation or association of persons organized and carried on for civic purposes or which conducts a…
Neb. Rev. Stat. § 2-1205 License; terms and conditions; waiver or modification; revocation; relocation of racetrack; conditions.
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(1) If the commission is satisfied that its rules and regulations and all provisions of sections 2-1201 to 2-1218 have been and will be complied with, it may issue a license to conduct a race or race meeting for a period of not more than three years. The license shall set forth t…
Neb. Rev. Stat. § 2-1206 Licensee; bond.
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Every corporation or association licensed under sections 2-1201 to 2-1218 shall, before said license is issued, give a bond to the State of Nebraska in such reasonable sum as the commission shall fix, with a surety or sureties to be approved by the commission, conditioned to fait…
Neb. Rev. Stat. § 2-1207 Horseracing; parimutuel wagering; how conducted; certificate, contents; deductions; official registrar; duties; licensee; duties; person under twenty-one years of age prohibited; penalty.
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(1) Within the enclosure of any racetrack where a race or race meeting licensed and conducted under sections 2-1201 to 2-1218 is held or at a racetrack licensed to simulcast races or conduct interstate simulcasting, the parimutuel method or system of wagering on the results of th…
Neb. Rev. Stat. § 2-1207.01 Deduction from wagers; distribution; costs.
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(1) The amount deducted from wagers pursuant to subsection (2) of section 2-1207 may be used to promote agriculture and horsebreeding in Nebraska and shall be distributed as described in this section as purse supplements and breeder and stallion awards for Nebraska-bred horses, a…
Neb. Rev. Stat. § 2-1208 Race meetings; tax; fees.
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(1)(a) For all race meetings, every corporation or association licensed under the provisions of sections 2-1201 to 2-1218 relating to horseracing shall pay the tax imposed by section 2-1208.01 and shall also pay to the commission: (i) Beginning on April 20, 2022, through June 30,…
Neb. Rev. Stat. § 2-1208.01 Parimutuel wagering; tax; rates; return.
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(1) There is hereby imposed a tax on the gross sum wagered by the parimutuel method at each race enclosure during a calendar year as follows: (a) The first ten million dollars shall not be taxed; (b) Any amount over ten million dollars but less than or equal to seventy-three mill…
Neb. Rev. Stat. § 2-1208.02 Parimutuel wagering; Department of Revenue; taxes due; duties.
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(1) The Department of Revenue shall audit and verify the amount of the tax that is due the state as provided by sections 2-1208 to 2-1208.02. (2) The pertinent provisions of sections 77-2708 to 77-2713, 77-27,125 to 77-27,131, and 77-27,133 to 77-27,135, shall be applicable to th…
Neb. Rev. Stat. § 2-1208.03 Exotic wagering; terms, defined.
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For purposes of sections 2-1208.03 and 2-1208.04, unless the context otherwise requires: (1) Exotic wagers shall mean daily double, exacta, quinella, trifecta, pick six, and other similar types of bets which are approved by the commission; (2) Gross exotic daily receipts shall me…
Neb. Rev. Stat. § 2-1208.04 Exotic wagering; withholding; Track Distribution Fund; created; distributed; investment.
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(1) Racetracks shall separately account for their gross exotic daily receipts. For all meets commencing after July 16, 1994, any racetrack that had for its previous race meet a total parimutuel handle of less than fifty million dollars shall withhold an amount equal to one-half o…
Neb. Rev. Stat. § 2-1209 Funds; disbursement.
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Out of the funds received pursuant to section 2-1208, the expenses of the commissioners, the compensation and reasonable expenses of the executive director, assistants, and employees, and the other reasonable expenses of the commission related to the regulation of horseracing, in…
Neb. Rev. Stat. § 2-1210 Licensed racetrack enclosure, defined; racetrack enclosure license; application; issuance; renewal; fees.
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(1) For purposes of sections 2-1201 to 2-1218, licensed racetrack enclosure means all real property licensed and utilized for the conduct of a race meeting, including the racetrack and any grandstand, concession stand, office, barn, barn area, employee housing facility, parking l…
Neb. Rev. Stat. § 2-1211 Licensees; records; reports; audit.
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Every corporation or association licensed under sections 2-1201 to 2-1218 shall so keep its books and records as to clearly show the total number of admissions to races conducted by it on each racing day and the amount received daily from admission fees and the total amount of mo…
Neb. Rev. Stat. § 2-1213 Horseracing; issuance of licenses limited; race of Nebraska-bred horses; commission designate official registrar; Nebraska-bred horse; registration required; fees.
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(1)(a) No license shall be granted for racing on more than one racetrack in any one county, except that the commission may, in its discretion, grant a license to any county agricultural society to conduct racing during its county fair notwithstanding a license may have been issue…
Neb. Rev. Stat. § 2-1214 Sections, how construed.
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No part of sections 2-1201 to 2-1218 shall be construed to apply to horseracing or horserace meetings at any state or county fair or elsewhere unless the parimutuel system of wagering hereinbefore described is used or intended to be used in connection therewith; but no person, as…
Neb. Rev. Stat. § 2-1215 Violations; penalty.
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Any person, corporation, or association holding or conducting any horserace or horserace meeting in connection with which the parimutuel system of wagering is used or to be used, without a license duly issued by the commission; or any person, corporation, or association holding o…
Neb. Rev. Stat. § 2-1216 Parimutuel wagering legalized; fees paid, how construed.
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The parimutuel system of wagering on the results of horseraces, when conducted pursuant to section 2-1207, shall not under any circumstances be held or construed to be unlawful, any other statutes of the State of Nebraska to the contrary notwithstanding. The money inuring to the …
Neb. Rev. Stat. § 2-1217 Drugging of horses prohibited.
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It shall be unlawful for any person to use or permit to be used a narcotic of any kind to stimulate or retard any horse that is to run in a race in this state to which the provisions of sections 2-1201 to 2-1218 apply, or for a person having the control of such horse and knowledg…
Neb. Rev. Stat. § 2-1218 Violation; penalty.
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Any person who shall violate any provisions of section 2-1217 shall be guilty of a Class IV felony.
Neb. Rev. Stat. § 2-1219 Commission; members; employees; activities prohibited; conflict of interest; penalty.
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(1) When any matter comes before the commission that may cause financial benefit or detriment to a member of the commission, a member of his or her immediate family, or a business with which the member is associated, which is distinguishable from the effects of such matter on the…
Neb. Rev. Stat. § 2-1220 Racehorses; fraudulent acts; penalty.
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It shall be unlawful for any person knowingly and willfully to falsify, conceal, or cover up by any trick, scheme, or device a material fact, or make any false, fictitious, or fraudulent statements or representations, or make or use any false writing or document knowing the same …
Neb. Rev. Stat. § 2-1221 Accepting anything of value to be wagered, transmitted, or delivered for wager; delivering off-track wagers; prohibited; penalty.
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Except as provided in section 2-1207, whoever directly or indirectly accepts anything of value to be wagered or to be transmitted or delivered for wager in any parimutuel system of wagering on horseraces or delivers anything of value which has been received outside of the enclosu…
Neb. Rev. Stat. § 2-1223 Licensees; exempt from Uniform Disposition of Unclaimed Property Act.
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Those corporations or associations eligible for licenses to conduct horseracing meets by the parimutuel method as defined in section 2-1204, shall be exempt from the Uniform Disposition of Unclaimed Property Act.
Neb. Rev. Stat. § 2-1224 Simulcast; authorized; legislative findings.
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(1) The Legislature finds that: (a) The horseracing, horse breeding, and parimutuel wagering industry is an important sector of the agricultural economy of the state, provides substantial revenue for state and local governments, and employs many residents of the state; (b) The si…
Neb. Rev. Stat. § 2-1225 Terms, defined.
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For purposes of sections 2-1207 and 2-1224 to 2-1229, unless the context otherwise requires: (1) Commission means the State Racing and Gaming Commission; (2) Interstate simulcast means parimutuel wagering at any licensed racetrack within the state on the results of any horserace …
Neb. Rev. Stat. § 2-1226 Simulcast facility license; application.
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Any racetrack issued a license under sections 2-1201 to 2-1223 which operates at least one live race meet during each calendar year may apply to the commission for a simulcast facility license. An application for such license shall be in such form as may be prescribed by the comm…