The 2009 session marked a year of policy refinement and extension for the Agriculture Committee.
A program created under a 2007 law that combats noxious weeds in river basins was extended for four years under LB98, introduced by Holdrege Sen. Tom Carlson.
Passed on a 45-0 vote, LB98 extends the sunset date from 2009 to 2013 for a grant program offering $2 million annually to weed control entities and natural resources districts to combat invasive species in fully appropriated or overappropriated river basins.
Another pesticide-related bill was LB254, introduced by Fullerton Sen. Annette Dubas, which would require that crop dusters in Nebraska hold an aerial pesticide business license administered by the state Department of Agriculture. Nebraskan operators would be charged $50 for a license, whereas out-of-state applicators would be charged $250, plus $50 for every Nebraska departure site used.
LB254 remains on general file.
LB263, offered by Tekamah Sen. Kent Rogert, deals with fertilizers and seeds.
The bill prohibits political subdivisions from regulating the registration, labeling or sale of seeds based upon the type, nature or genetic makeup of seeds. The bill prohibits regulation of storage, transportation, distribution, registration, notification of use, labeling, planting or cultivation of seeds in addition to or in conflict with the Nebraska Seed Law.
The bill also bars cities and counties from regulating fertilizer and soil conditioners. Political subdivisions will not be allowed to regulate methods of storage, transportation, distribution, notification of use or use in addition to or in conflict with the Nebraska Commercial Fertilizer and Soil Conditioner Act.
LB263 neither restricts city and county zoning nor limits the authority of natural resources districts to enforce the Nebraska Ground Water Management and Protection Act. The bill passed 44-4.
Senators addressed the threat of anthrax with the passage of LB99, introduced by Carlson, on a 42-0 vote.
LB99 modifies current laws affecting the detection, containment and suppression of anthrax in livestock. Among other provisions, it:
- allows the state Department of Agriculture to access any premise where livestock are suspected to be infected with anthrax for the purpose of making inspections and conducting tests;
- requires the immediate reporting of animals exhibiting signs consistent with anthrax;
- prohibits harboring, selling or disposing of any animal or part of any animal exposed to or infected with anthrax except as provided in the regulations;
- prohibits any person from preventing the testing, vaccination or treatment of any affected herd; and
- establishes the parameters for the sale and use of anthrax vaccine.
The bill permits the department to issue a stop-movement order, which prevents the movement or removal of any dog or cat from the premise, if there is reason to suspect unreasonable sanitation or housing conditions. It also expands the definition of premise in regard to breeding facilities.
The bill defines commercial breeder as any person who:
- sells, exchanges, leases or transfers 31 or more dogs or cats in a year;
- owns or harbors four or more dogs or cats for breeding purposes in a year;
- possesses dogs or cats that produce four or more litters within a year; or
- sells, exchanges or leases dogs or cats for later retail sale or brokered trading.
Introduced by Ewing Sen. Cap Dierks, the bill’s provisions set regulations for pet shops, breeders and dealers to guarantee the health of their animals. A pet purchaser will be entitled to a full refund, a new pet of equivalent value or reimbursement for veterinary fees if his or her pet dies or is diagnosed with a serious health problem within seven days of being delivered from a breeder.
The committee also advanced a bill adjusting the financing of the new state fairgrounds.
LB224 permits the city of Grand Island to apply $1.5 million expended in moving recreational facilities displaced by the state fair to its $8.5 million required contribution for the relocation of the fair.
Introduced by Carlson, LB224 also permits locating state fair facilities on property adjacent to the new fair site at Fonner Park and transfers a pari-mutuel tax credit from the Nebraska State Fairgrounds to Fonner Park. Under the credit, 2.5 percent of the first taxable $70 million at each race held will be allocated for maintenance and improvements at the fair site.
The bill also establishes Jan. 1, 2010, as the date for the transition of the state fair to its new host city. It requires that the state Department of Revenue provide notice of quarterly lottery collections to the city of Grand Island beginning April 1, 2010. The bill passed 43-2.
The committee also held a hearing on new incentives for renewable diesel producers.
LB641, introduced by Ogallala Sen. Ken Schilz, would provide a 30-cent per gallon payment for those engaged in the production of renewable diesel via qualified technologies or feedstocks. The program would be capped at 100 million gallons, with a 2 million gallon limit per producer. The bill remains in committee.
LB130, introduced by Dubas, also remains in committee. The bill would create the Farm to School Program Task Force for the purpose of developing a strategic plan to provide farm commodities from local producers to area schools.
