State Codes and Statutes

Statutes > Nebraska > Chapter37 > 37-431

37-431. Nebraska HabitatFund; Nebraska Aquatic Habitat Fund; created; use; investment; stamps; fees;disposition; duties of officials; violation; penalty.(1)(a)The Nebraska Habitat Fund is created. The commission shall remit fees receivedfor habitat stamps and Nebraska migratory waterfowl stamps to the State Treasurerfor credit to the Nebraska Habitat Fund. Any money in the fund available forinvestment shall be invested by the state investment officer pursuant to theNebraska Capital Expansion Act and the Nebraska State Funds Investment Act. Upto twenty-five percent of the annual receipts of the fund may be spent bythe commission to provide access to private wildlife lands and habitat areas,and the remainder of the fund shall not be spent until the commissionhas presented a habitat plan to the Committee on Appropriations of the Legislaturefor its approval.(b) Fees received for lifetime habitat stamps and lifetimeNebraska migratory waterfowl stamps underthe Game Law shall be credited to the Nebraska Habitat Fund. Twenty-five percent of the fees forsuch stamps shallnot be expended but may be invested by the state investment officer pursuantto the Nebraska Capital Expansion Act and the Nebraska State Funds InvestmentAct. Income from such investments may be expended by the commission pursuantto section 37-432.(2)(a) The Nebraska Aquatic Habitat Fund is created. Thecommission shall remit fees received for aquatic habitat stamps and one dollarof the one-day fishing permit fee as provided in section 37-426 to the StateTreasurer for credit to the Nebraska Aquatic Habitat Fund. Any money in thefund available for investment shall be invested by the state investment officerpursuant to the Nebraska Capital Expansion Act and the Nebraska State FundsInvestment Act. Up to thirty percent of the annual receiptsof the fund may be spent by the commission to provide public waters angleraccess enhancements and to provide funding for the administration of programsrelated to aquatic habitat and public waters angler access enhancements, andthe remainder of the fund shall not be spent until the commissionhas presented a habitat plan to the Committee on Appropriations and the Committeeon Natural Resources of the Legislature for their approval.(b) Fees received for lifetime aquatic habitat stamps shallbe credited to the Nebraska Aquatic Habitat Fund and shall not be expendedbut may be invested by the state investment officer pursuant to the NebraskaCapital Expansion Act and the Nebraska State Funds Investment Act. Incomefrom such investments may be expended by the commission pursuant to section 37-432.(3) The secretary of the commission and any county clerkor public official designated to sell habitat stamps, aquatic habitat stamps,or Nebraska migratory waterfowl stamps shall be liable upon their officialbonds or equivalent commercial insurance policy for failure to remit the moneyfrom the sale of the stamps, as required by sections 37-426 to 37-433, cominginto their hands. Any agent who receives stamp fees and who fails to remitthe fees to the commission within a reasonable time after demand by the commissionshall be liable to the commission in damages for double the amount of thefunds wrongfully withheld. Any agent who purposefully fails to remit suchfees with the intention of converting them is guilty of theft. The penaltyfor such violation shall be determined by the amount converted as specifiedin section 28-518. SourceLaws 1976, LB 861, § 13; Laws 1983, LB 174, § 7; Laws 1996, LB 584, § 15; R.S.Supp.,1996, § 37-216.07; Laws 1998, LB 922, § 141; Laws 1999, LB 176, § 31; Laws 2001, LB 111, § 8; Laws 2004, LB 884, § 19; Laws 2005, LB 162, § 12; Laws 2007, LB299, § 6; Laws 2009, LB105, § 11. Cross ReferencesNebraska Capital Expansion Act, see section 72-1269.Nebraska State Funds Investment Act, see section 72-1260.