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LEGISLATURE OF NEBRASKA
ONE HUNDRED NINTH LEGISLATURE
SECOND SESSION
LEGISLATIVE BILL 947
Introduced by Agriculture Committee: DeKay, 40, Chairperson; Hansen, 16;
Holdcroft, 36; Kauth, 31; McKeon, 41; Storm, 23.
Read first time January 09, 2026
Committee: Agriculture
A BILL FOR AN ACT relating to the Department of Agriculture; to amend1
sections 2-1091, 2-1091.02, 2-1095, 2-10,117, 2-1808, 2-2634, and2
81-201, Reissue Revised Statutes of Nebraska, and section 2-958,3
Revised Statutes Cumulative Supplement, 2024; to change fees under4
the Plant Protection and Plant Pest Act; to change provisions5
relating to the Plant Protection and Plant Pest Cash Fund; to change6
certain fees under the Pesticide Act; to change powers of the7
Department of Agriculture relating to the Weeds of the Great Plains8
book; to eliminate the Weed Book Cash Fund; to provide for a9
transfer of funds as prescribed; to terminate the Nebraska Potato10
Development Fund and provide for the transfer of funds; to eliminate11
obsolete provisions; to harmonize provisions; to repeal the original12
sections; to outright repeal section 81-201.05, Reissue Revised13
Statutes of Nebraska; and to declare an emergency.14
Be it enacted by the people of the State of Nebraska,15
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Section 1. Section 2-958, Revised Statutes Cumulative Supplement,1
2024, is amended to read: 2
2-958 (1) A noxious weed control fund may be established for each3
control authority, which fund shall be available for expenses authorized4
to be paid from such fund, including necessary expenses of the control5
authority in carrying out its duties and responsibilities under the6
Noxious Weed Control Act. The weed control superintendent within the7
county shall (a) ascertain and tabulate each year the approximate amount8
of land infested with noxious weeds and its location in the county, (b)9
ascertain and prepare all information required by the county board in the10
preparation of the county budget, including actual and expected revenue11
from all sources, cash balances, expenditures, amounts proposed to be12
expended during the year, and working capital, and (c) transmit such13
information tabulated by the control authority to the county board not14
later than June 1 of each year. 15
(2) The Noxious Weed Cash Fund is created. The fund shall consist of16
proceeds raised from fees imposed for the registration of pesticides and17
earmarked for the fund pursuant to section 2-2634, funds credited or18
transferred pursuant to sections 2-509, 2-518, and 81-201, and 81-201.05,19
any gifts, grants, or donations from any source, and any reimbursement20
funds for control work done pursuant to subdivision (1)(b)(vi) of section21
2-954. An amount from the General Fund may be appropriated annually for22
the Noxious Weed Control Act. The fund shall be administered and used by23
the director to maintain the noxious weed control program and for24
expenses directly related to the program. Until January 1, 2025, the fund25
may also be used to defray all reasonable and necessary costs related to26
the administration of the Nebraska Hemp Farming Act.27
(3) Any money in the fund available for investment shall be invested28
by the state investment officer pursuant to the Nebraska Capital29
Expansion Act and the Nebraska State Funds Investment Act.30
Sec. 2. Section 2-1091, Reissue Revised Statutes of Nebraska, is31
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amended to read: 1
2-1091 For the purpose of implementation or enforcement of the Plant2
Protection and Plant Pest Act or any rule or regulation, the department3
may: 4
(1) Enter at reasonable times and in a reasonable manner without5
being subject to any action for trespass or damages, if reasonable care6
is exercised, all property where plants are grown, packed, held prior to7
distribution, or distributed for the purpose of inspecting all plants,8
structures, vehicles, equipment, packing materials, containers, records,9
and labels on such property or otherwise implementing or enforcing the10
act. The department may inspect and examine all records and property11
relating to compliance with the act. Such records and property shall be12
made available to the department for review at all reasonable times;13
(2) In a reasonable manner, hold for inspection and take samples of14
any plants and associated materials which may not be in compliance with15
the act; 16
(3) Inspect or reinspect at any time or place any plants that are in17
the state or being shipped into or through the state and treat, seize,18
destroy, require treatment or destruction of, or return to the state of19
origin any plants in order to inhibit or prevent the movement of plant20
pests throughout the state; 21
(4) Obtain an inspection warrant in the manner prescribed in22
sections 29-830 to 29-835 from a court of record if any person refuses to23
allow the department to inspect pursuant to this section;24
(5) Issue a written or printed withdrawal-from-distribution order25
and post signs to delineate sections not marked pursuant to subsection26
(3) of section 2-1095 or sections of distribution locations and to notify27
persons of any withdrawal-from-distribution order when the department has28
reasonable cause to believe any lot of nursery stock is being distributed29
in violation of the act or any rule or regulation;30
(6) Apply for a restraining order, a temporary or permanent31
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injunction, or a mandatory injunction against any person violating or1
threatening to violate the act or the rules and regulations. The district2
court of the county where the violation is occurring or is about to occur3
shall have jurisdiction to grant such relief upon good cause shown.4
Relief may be granted notwithstanding the existence of any other remedy5
at law and shall be granted without bond; 6
(7) Issue a quarantine or establish a quarantine area;7
(8) Cooperate and enter into agreements, including harmonization8
plans, with any person in order to carry out the purpose of the act;9
(9) Establish a restricted plant pest list to prohibit the movement10
into the state of plant pests not known to occur in Nebraska and to11
prohibit the movement of those plant pests present in the state but known12
to be destructive to the plant industry; 13
(10) Issue European corn borer quarantine certificates,14
phytosanitary certificates, and export certificates on plants for15
individual shipment to other states or foreign countries if those plants16
comply with the requirements or regulations of such state or foreign17
country or issue quarantine compliance agreements or European corn borer18
quarantine certification licenses; 19
(11) Inspect plants that any person desires to ship into another20
state or country when such person has made an application to the21
department for such inspection. The inspection shall determine the22
presence of plant pests to determine the acceptance of the plants into23
other states or countries. The department may accept the inspections of24
laboratories authorized by the department or field inspectors of the25
department; 26
(12) Certify plants or property to meet the requirements of specific27
quarantines imposed on Nebraska or Nebraska plants. The quarantine28
certification requirements shall be set forth in the rules and29
regulations; 30
(13) Assess Until increased or decreased by rules or regulations,31
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assess and collect fees set forth in section 2-1091.02 for inspections,1
services, or work performed in carrying out subdivisions (8) and (10)2
through (12) of this section. Inspection time shall be determined based3
on any portion of a whole hour and shall include the driving to and from4
the location of the inspection in addition to the time spent conducting5
the inspection, and the mileage charge shall be for the purpose of6
inspection. Any fee charged to the department relating to such7
subdivisions shall be paid by the person requesting the inspection,8
services, or work. The department may, for purposes of administering such9
subdivisions, establish in rules and regulations inspection requirements,10
standards, and issuance, renewal, or revocation of licenses,11
certificates, or agreements necessitated by such subdivisions;12
(14) Conduct continuing survey and detection programs on plant pests13
to monitor the population or spread of plant pests;14
(15) Implement programs or plans to eradicate, manage, treat, or15
control plant pests; 16
(16) Issue, place on probation, suspend, or revoke licenses issued17
or agreements entered into pursuant to the act or deny applications for18
such licenses or agreements pursuant to the act; and19
(17) Issue orders imposing administrative fines or cease and desist20
orders pursuant to the act. 21
Sec. 3. Section 2-1091.02, Reissue Revised Statutes of Nebraska, is22
amended to read: 23
2-1091.02 (1) Fees under License fees for the Plant Protection and24
Plant Pest Act that are due on January 1, 2027 2014, shall be the amount25
in column A of subsection (3) of this section. 26
(2) The license fees due January 1, 2028 2015, and each January 127
thereafter shall be set by the director on or before July 1 of each year.28
The director may raise or lower such fees each year to meet the criteria29
in this subsection, but the fee shall not be greater than the amount in30
column B of subsection (3) of this section. The same percentage shall be31
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applied to each category for all fee increases or decreases. The director1
shall use the fees in column A of subsection (3) of this section as a2
base for future fee increases or decreases. The director shall determine3
the fees based on estimated annual revenue and fiscal year-end cash fund4
balances as follows: 5
(a) The estimated annual revenue shall not be greater than one6
hundred seven percent of program cash fund appropriations allocated for7
the Plant Protection and Plant Pest Act; and 8
(b) The estimated fiscal year-end cash fund balance shall not be9
greater than seventeen percent of program cash fund appropriations10
allocated for the act. 11
(3) License Fees. 12
Fees 13 A B
License Fees 14 A B
Nursery stock 15
distributor license 16
as set forth in 17
section 2-1091.01 18
for the first acre 19 $140 $180
for the first acre 20 $115 $140
Fee for additional acres 21 $39 per acre $50 per acre
Fee for additional acres 22 $5.00 per acre $6.00 per acre
Distributing without 23 25% of the fee
obtaining a nursery 24 per month up to
stock distributor 25 100% of the
license fee 26 license fee
(4) Other fees for the Plant Protection and Plant Pest Act under27
subsection (5) of this section in effect on January 1, 2014, shall be the28
amount in column A of such subsection. The department may increase or29
decrease such fees by rules or regulations adopted and promulgated by the30
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department. Such increases shall not result in fees greater than the1
amount in column B of subsection (5) of this section.2
(5) Other Fees. 3
Other Fees 4 A B
Certification fee for 5
nursery stock growing 6
acres as set forth in 7 Included in
section 2-1095 8 license fee
Inspection fees due 9
under section 10 $39 per hour $50 per hour
2-1091 or 2-1095 11 $0.70 per mile $1.00 per mile
Late applications for 12
certification of nursery 13 $24 per hour $27 per hour
stock growing acres 14 $0.42 per mile $0.50 per mile
Reinspections or 15
requested inspections 16 $24 per hour $27 per hour
for nursery stock 17 $0.42 per mile $0.50 per mile
Phytosanitary or 18 $60 per certificate $106 per certificate
export certificates 19
set forth in section 2-1091 20
Phytosanitary or 21 $30 per certificate $40 per
export certificates 22 and $7 for taking certificate and
set forth in 23 an application $10 for taking
section 2-1091 24 by telephone an application
25 by telephone
Phytosanitary or 26
export certificate 27
inspections and 28 $24 per hour $27 per hour
reinspections 29 $0.42 per mile $0.50 per mile
European corn borer 30
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quarantine certification 1
license set forth in 2 $65 per license, $80 per license,
license set forth in 3 $50 per license, $65 per license,
section 2-1091 4 annually annually
European corn borer 5 $25 for $35 for
European corn borer 6 $6.25 for $10.00 for
certificate 7 packet of 25 packet of 25
Quarantine compliance 8
agreements as set 9 $65 per agreement, $80 per agreement,
agreements as set 10 $50 per agreement $65 per agreement
forth in section 2-1091 11 annually annually
Quarantine compliance 12
agreement inspections 13 $24 per hour $27 per hour
and reinspections 14 $0.42 per mile $0.50 per mile
(4) A person that is distributing without first obtaining a nursery15
stock distributor license shall pay an additional fee of twenty-five16
percent of the license fee that is due for each month that such person17
failed to obtain such license. 18
(5) (6) Any fee remaining unpaid for more than one month shall be19
considered delinquent and the person owing the fee shall pay an20
additional administrative fee of twenty-five percent of the delinquent21
amount for each month it remains unpaid, not to exceed one hundred22
percent of the original amount due. The department may waive the23
additional administrative fee based upon the existence and extent of any24
mitigating circumstances that have resulted in the late payment of such25
fee. The purpose of the additional administrative fee is to cover the26
administrative costs associated with collecting fees, and all money27
collected as an additional administrative fee shall be remitted to the28
State Treasurer for credit to the Plant Protection and Plant Pest Cash29
Fund. 30
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Sec. 4. Section 2-1095, Reissue Revised Statutes of Nebraska, is1
amended to read: 2
2-1095 (1) All nursery stock distributors that distribute any3
nursery stock that they grow shall apply for a certification an4
additional inspection for the certification of the Nebraska-grown nursery5
stock as provided in this section. The nursery stock distributor shall6
receive apply for such certification inspection of the Nebraska-grown7
nursery stock as part of the application for the nursery stock8
distributor license described in section 2-1091.01.9
(2)(a) Applications for certification inspection of Nebraska-grown10
nursery stock that are due on January 1 pursuant to section 2-1091.01 and11
are not received prior to February 1 and initial applications not12
received prior to beginning of distribution shall be considered13
delinquent. Such applications shall be accompanied with the have an14
inspection fee that is as set forth in section 2-1091.02.15
(b) Inspection time shall be determined based on any portion of a16
whole hour and shall include the driving time to and from the location of17
the inspection in addition to the time spent conducting the inspection,18
and the mileage charge shall be for the purpose of inspection.19
(3) Each nursery stock distributor shall post signs delineating20
sections of all growing areas. A section shall be not larger than five21
acres. 22
(4) All growing areas within the state shall be inspected by the23
department at least once per year for certification and compliance with24
the Plant Protection and Plant Pest Act. 25
(5) Following the certification inspection of Nebraska-grown nursery26
stock, the department shall provide a copy of the plant inspection report27
to the nursery stock distributor specifying any area of the nursery from28
which nursery stock cannot be distributed or any plants which may not be29
distributed as nursery stock. When deemed necessary to maintain30
compliance with the purposes of the Plant Protection and Plant Pest Act,31
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the department shall require the nursery stock distributor to withdraw1
from distribution any variety or amount of nursery stock. A reinspection2
may be conducted by the department at the nursery stock distributor's3
request and cost. The department may also reinspect to determine4
compliance with the act. To determine the cost of any reinspection, the5
department shall use fees as outlined in subsection (2) of this section.6
The nursery stock distributor shall comply with the recommendations of7
the department as to the treatment or destruction of nursery stock.8
(6) The department may require the treatment or destruction of any9
nursery stock that is infested or infected with plant pests, nonviable,10
damaged, or desiccated to the point of not being reasonably capable of11
growth. 12
(7) Any nursery stock on which a withdrawal-from-distribution order13
has been issued shall be released for distribution only by authorized14
department employees or after written permission has been obtained from15
the department. Each nursery stock distributor shall promptly report to16
the department, in writing, the amount and type of plants treated or17
destroyed under requirements on withdrawal-from-distribution orders. The18
department may withhold a license or certification of Nebraska-grown19
nursery stock until conditions have been met by the nursery stock20
distributor as specified in the plant inspection report or any other21
order issued by the department. A certification of Nebraska-grown stock22
may be issued covering portions of the nursery which are not infested or23
infected if the nursery stock distributor agrees to treat, destroy, or24
remove as specified by the department those plants found to be infested25
or infected. 26
Sec. 5. Section 2-10,117, Reissue Revised Statutes of Nebraska, is27
amended to read: 28
2-10,117 All money received from any source pursuant to the Plant29
Protection and Plant Pest Act and section 81-2,162.23 shall be remitted30
by the department to the State Treasurer and by the State Treasurer31
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credited to the Plant Protection and Plant Pest Cash Fund which is hereby1
created. The fund also shall include funds transferred pursuant to2
section 81-201.05. The fund shall be used by the department to aid in3
defraying the expenses of administering the act. Any money in the fund4
available for investment shall be invested by the state investment5
officer pursuant to the Nebraska Capital Expansion Act and the Nebraska6
State Funds Investment Act. 7
Sec. 6. Section 2-1808, Reissue Revised Statutes of Nebraska, is8
amended to read: 9
2-1808 The State Treasurer is hereby directed to establish and set10
up in the treasury of the State of Nebraska a fund to be known as the11
Nebraska Potato Development Fund, to which fund shall be credited, for12
the uses and purposes of the Nebraska Potato Development Act and its13
enforcement, all taxes and fees collected by the Department of14
Agriculture. After appropriation, the Director of Administrative15
Services, upon receipt of proper vouchers approved by the director of the16
department, shall issue his or her warrants on such funds and the State17
Treasurer shall pay the same out of the money credited to the fund. Any18
money in the fund available for investment shall be invested by the state19
investment officer pursuant to the Nebraska Capital Expansion Act and the20
Nebraska State Funds Investment Act. The fund terminates on July 1, 2026,21
and the State Treasurer shall transfer any money in the fund to the Plant22
Protection and Plant Pest Cash Fund as soon as administratively23
practicable. 24
Sec. 7. Section 2-2634, Reissue Revised Statutes of Nebraska, is25
amended to read: 26
2-2634 (1) As a condition to registration or renewal of registration27
as required by sections 2-2628 to 2-2633, an applicant shall pay to the28
department a fee of two hundred one hundred sixty dollars for each29
pesticide to be registered, except that the fee may be increased or30
decreased by rules and regulations adopted and promulgated pursuant to31
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the Pesticide Act. In no event shall such fee exceed two hundred fifty1
two hundred ten dollars for each pesticide to be registered.2
(2) All fees collected under subsection (1) of this section shall be3
remitted to the State Treasurer for credit as follows:4
(a) Fifty Thirty dollars of such fee to the Noxious Weed Cash Fund5
as provided in section 2-958; 6
(b) Fifty dollars of such fee to the Buffer Strip Incentive Fund as7
provided in section 2-5106; 8
(c) Fifty-five dollars of such fee to the Natural Resources Water9
Quality Fund; and 10
(d) The remainder of such fee to the Pesticide Administrative Cash11
Fund. 12
(3) If a person fails to apply for renewal of registration before13
January 1 of any year, such person, as a condition to renewal, shall pay14
a late registration fee equal to twenty-five percent of the fee due and15
owing per month, not to exceed one hundred percent, for each product to16
be renewed in addition to the renewal fee. The purpose of the late17
registration fee is to cover the administrative costs associated with18
collecting fees, and all money collected as a late registration fee shall19
be remitted to the State Treasurer for credit to the Pesticide20
Administrative Cash Fund. 21
Sec. 8. Section 81-201, Reissue Revised Statutes of Nebraska, is22
amended to read: 23
81-201 The Department of Agriculture may: shall have power24
(1) Encourage to encourage and promote, in every practicable manner,25
the interest of agriculture; 26
(2) Promote to promote methods of conducting the industry of27
agriculture with a view to increasing the production and facilitating the28
distribution thereof at the least cost; 29
(3) Collect to collect and publish statistics relating to the30
production and marketing of agricultural products, so far as such31
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statistical information may be of value to the agricultural and allied1
interests of the state, and to cooperate with the federal government in2
the matter of collecting and publishing such statistical information;3
(4) Distribute or dispose of any remaining to publish and distribute4
the Weeds of the Great Plains books book and supplemental inserts thereto5
that are in the possession of the department. By January 1, 2027, the6
State Treasurer shall transfer all money in the Weed Book Cash Fund to7
the Noxious Weed Cash Fund. , for sale and distribution to the public.8
All money collected from the sale of the publications shall be remitted9
to the State Treasurer and credited to the Noxious Weed Cash Fund as10
provided in section 81-201.05; 11
(5) Inquire to inquire into the causes of contagious, infectious,12
and communicable diseases among domestic animals and the means for the13
prevention and cure of the same; 14
(6) Execute to execute and enforce all laws relating to matters15
within its jurisdiction and to adopt necessary rules and regulations for16
the administration and enforcement of such laws; 17
(7) Employ to employ special investigators who shall be appointed18
deputy state sheriffs by the Governor and who shall, upon qualifying for19
such office, possess all the powers which attach to such office, except20
that their powers and duties shall be restricted to the enforcement of21
the laws of the State of Nebraska within the jurisdiction of the22
Department of Agriculture; 23
(8) Perform to perform laboratory testing services as provided in24
section 81-2,293; and 25
(9) Enforce to enforce the Foreign-owned Real Estate National26
Security Act. 27
Sec. 9. Original sections 2-1091, 2-1091.02, 2-1095, 2-10,117,28
2-1808, 2-2634, and 81-201, Reissue Revised Statutes of Nebraska, and29
section 2-958, Revised Statutes Cumulative Supplement, 2024, are30
repealed. 31
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Sec. 10. The following section is outright repealed: Section1
81-201.05, Reissue Revised Statutes of Nebraska. 2
Sec. 11. Since an emergency exists, this act takes effect when3
passed and approved according to law. 4
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