1996 Nebraska State Statutes - NEBRASKA DEPARTMENT OF
ECONOMIC DEVELOPMENT
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MAXINE MOUL, Director
P.O. Box 94666
301 Centennial Mall South
Lincoln, NE 68509-4666
Phone: (402) 471-3111
(800) 426-6505
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Terms, defined.
81-1201.01. As used in sections 81-1201.01 to
81-1201.22, unless the context otherwise requires:
(1) Commission shall mean the Economic Development
Commission;
(2) Community Development Block Grant shall mean the
grants distributed pursuant to the Housing and Community
Development Act of 1974 as amended by the Housing and Urban-Rural
Recovery Act of 1983;
(3) Department shall mean the Department of Economic
Development;
(4) Director shall mean the Director of Economic
Development;
(5) Economic articulation shall mean the creation of
economic activities which will provide inputs to and markets for
other businesses in the state;
(6) Educational institutions shall mean nonprofit
public and private colleges, community colleges, state colleges,
and universities in the state; and
(7) Value-adding industry shall mean an economic
enterprise that adds value through processing, fabrication, or
other means to goods or services.
Department of Economic Development; Economic Development
Commission; created; purpose; duties.
81-1201.02. There is hereby created an executive
department of state government to be known as the Department of
Economic Development and a commission to be known as the Economic
Development Commission. The purpose of the department and the
commission shall be to maintain and develop the economy of the
state to provide opportunities for the people which will enhance
and expand the quality of their lives. The department and the
commission shall promote the:
(1) Expansion of personal income through the
development of business and employment opportunities which afford
sufficient compensation to ensure an adequate standard of living
for the people of the state;
(2) Development of an economy that contributes to and
enhances the environmental quality of the state;
(3) Development of a stable economy within the state;
(4) Development of economic health and opportunities
throughout the communities and counties of the state;
(5) Development of an economy which is capable of
providing the necessary revenue for state government, local
governments, and other political subdivisions of the state and in
this way minimize the tax burden faced by all taxpayers of the
state; and
(6) Structuring of the department and its staff as a
nonpolitical, professionally managed division of state
government.
Director of Economic Development; appointment; duties; personnel.
81-1201.03. The chief executive officer of the
department shall be the Director of Economic Development who
shall be appointed by the Governor with the consent of a majority
of the Legislature. The director shall administer the affairs of
the department and shall serve at the pleasure of the Governor.
The director shall have equal rank with the heads of other state
departments, and his or her salary shall be fixed by the Governor
with the advice of the commission. The director shall employ a
deputy director with significant and extensive professional
experience in the field of economic development. The director
shall employ division directors and such other assistants,
professional staff, and other employees as he or she deems
necessary to effectively carry out sections 81-1201.01 to
81-1201.20 within the appropriations the Legislature provides.
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ECONOMIC DEVELOPMENT COMMISSION
Commission; members; qualifications; chairperson; coordination.
81-1201.04. The commission shall consist of nine
voting members appointed by the Governor. The chairperson of the
commission shall be one of the nine appointed members and shall
be chosen by the commission. Each congressional district in
Nebraska shall be represented by three members, and the Governor
shall solicit nominations for appointments to the commission from
recognized economic development groups in Nebraska. The members
of the commission shall be representative, to the extent
possible, of the various geographic areas of the state and of
both the urban and rural population. The director shall serve as
an ad hoc nonvoting member of the commission. In appointing the
members, the Governor shall seek to create a broad-based
commission representative of the Nebraska economy. To achieve
this objective the Governor shall consider persons with
backgrounds in the following areas:
(1) Production agriculture;
(2) Manufacturing;
(3) Transportation and communications;
(4) Travel and tourism; and
(5) Insurance.
The commission and department are encouraged to involve
other essential groups in the work of the commission, including,
but not limited to, the (a) University of Nebraska, (b)
Department of Agriculture, (c) State Energy Office, (d)
educational institutions, (e) Department of Labor, and (f)
Nebraska Investment Finance Authority. No more than five voting
members of the commission shall belong to the same political
party.
Commission; members; terms; vacancy; expenses.
81-1201.05. Members of the commission shall serve for
terms of six years, except that of the members initially
appointed one member from each congressional district shall be
appointed for a term of two years, one member for a term of four
years, and one member for a term of six years. Members shall be
limited to two consecutive terms. The director shall serve on
the commission for the term of his or her appointment as
director. If a vacancy occurs, the Governor shall appoint a
representative of the same congressional district, within
forty-five working days after the date the vacancy occurs, to
finish the unexpired term of the member. The members of the
commission shall serve without compensation but may be reimbursed
for their actual and necessary expenses as provided in sections
81-1174 to 81-1177 for state employees. The Governor shall make
the initial appointments within sixty days after July 17, 1986.
Commission; meetings; staff.
81-1201.06. The commission shall meet at least four
times a year, with at least one meeting each calendar quarter, at
the call of the director or four voting members of the
commission. The staff and support for the commission shall be
provided by the department.
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DEPARTMENT DIVISIONS, COMMITTEES, PROGRAMS:
Department; divisions, program, and commission; advisory
committees and programs; authorized.
81-1201.07. The department may have the divisions,
program, and commission listed in this section to aid in the
discharge of its duties but shall not be limited to such
divisions, program, and commission: (1) An Existing Business
Assistance Division; (2) a Business Recruitment Division; (3) a
Travel and Tourism Division; (4) a Community and Rural
Development Division; (5) a Community Development Block Grant
Program; and (6) a Rural Development Commission. Each division,
program, and commission, when deemed appropriate by the director,
is encouraged to establish advisory committees and programs to
insure public participation and input.
Community Development Block Grant Program Advisory Committee;
membership.
81-1201.08. (1) The department shall have an advisory
committee to provide regular consultation to the Community
Development Block Grant Program.
(2) The members of the Community Development Block
Grant Program Advisory Committee shall be appointed by the
commission upon the recommendation of the department and shall
be:
(a) Two municipal officials from cities of the first
class which are nonentitlement cities as defined in the Housing
and Community Development Act of 1974, as amended. One municipal
official shall be an elected official. One municipal official
shall be an appointed official. The municipal officials shall
reside in different congressional districts;
(b) Two municipal officials from cities of the second
class. One municipal official shall be an elected official. One
municipal official shall be an appointed official. The municipal
officials shall reside in different congressional districts;
(c) Two municipal officials from villages. One
municipal official shall be an elected official. One municipal
official shall be an appointed official. The municipal officials
shall reside in different congressional districts;
(d) Two elected county officials who reside in
different congressional districts;
(e) One staff member from a development district or a
regional council;
(f) One staff member from the Governor's Policy
Research Office;
(g) One staff member from the community action
corporations; and
(h) One registered professional engineer.
(3) The commission shall adopt a selection process for
the remaining advisory committees and the committee members shall
be selected according to such process by the commission upon the
recommendation of the department.
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Department; develop and implement economic development
strategies; considerations.
81-1201.09. The department shall develop and implement
economic development strategies to:
(1) Facilitate the maintenance and expansion of
existing enterprises and the creation of new value-adding
industries, including those involved in selling to non-Nebraska
markets;
(2) Promote economic articulation within the economy of
the state;
(3) Promote productivity among value-adding industries;
(4) Promote economic diversification within the economy
of the state; and
(5) Maintain and revitalize economically distressed
areas.
In developing these strategies the department shall
consider the special economic needs of women and minorities and
pursue policies which are consistent with Nebraska policies to
protect and enhance the environmental quality of the state.
Department; long-term strategy; performance review; duties;
Performance Review Revolving Fund; created; use; investment.
81-1201.10. The department shall:
(1) Create and keep current a comprehensive and
long-term strategy for economic development. The strategy shall
address and be consistent with the general purposes and duties of
the department. The strategy shall consider: (a) The entire
state; (b) economic regions within the state; and (c) the
operating divisions, program, and commission listed in section
81-1201.07; and
(2) Develop an independent program of performance
review of the activities of the department, departmental
divisions, the Community Development Block Grant Program, and the
Rural Development Commission. The review shall include, but not
be limited to: (a) An assessment of the impact of the
department's programs corresponding to the strategic plans of the
department, departmental divisions, the Community Development
Block Grant Program, and the Rural Development Commission; (b) a
comparative assessment of the relative impact of the department's
programs with similar programs in other states; and (c) a
comparative assessment of the department's programs' impact on
different parts of the state. The review shall be completed or
updated at least once every three years.
The Performance Review Revolving Fund is hereby
created. The money in the fund shall be used to employ an
independent firm experienced in doing performance reviews as
prescribed in this subdivision to do performance reviews. Any
money in the fund available for investment shall be invested by
the state investment officer pursuant to the Nebraska Capital
Expansion Act and the Nebraska State Funds Investment Act.
Department; lead agency; clearinghouse; staff services;
coordination; status report; duties.
81-1201.11. The department shall:
(1) Serve as the lead state agency in the area of
economic development. The department shall develop a program to
promote coordination and cooperation within state government and
with institutions of higher education, local governments, other
political subdivisions of the state, and the private sector;
(2) Serve as a clearinghouse for information, data, and
other materials which may be helpful or necessary to the full
development of the state's economy, which may be relevant with
regard to the possibilities of future development in Nebraska,
and which will be of use to local governments, the Governor,
other state agencies, and the Legislature in discharging their
responsibilities. The department shall develop a program to
ensure cooperation between state agencies, the University of
Nebraska, and other entities with related economic information;
(3) Provide staff services when, in the opinion of the
director, such services are necessary and appropriate in the
areas of economic development to cities of the first class,
second class, and villages on a contractual basis when the terms
of such contracts can be mutually accepted;
(4) Assist the Governor in coordinating the efforts of
local governments to develop mutual and cooperative solutions to
their common problems; and
(5) Prepare annually a status report on the activities
and impacts of the department and its programs. The status
report shall be submitted to the Governor and the Legislature on
the first working day of October of each year.
Department; plans, contracts, funds; tax credit program; duties.
81-1201.12. The department shall:
(1) Submit and adopt all necessary plans, enter into
contracts, and accept gifts, grants, and federal funds; and
(2) Administer the tax credit program established by
the Community Development Assistance Act and adopt and promulgate
rules and regulations pursuant to such act.
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Travel and Tourism Division; duties; awarding of contracts.
81-1201.13. The Travel and Tourism Division shall
develop a program to provide promotional services and technical
assistance to local governments and industry members and to
ensure the protection and development of Nebraska's attraction
resources. The department shall have an advisory committee to
provide regular consultation to the Travel and Tourism Division.
All advertising contracts awarded by the department
concerning travel and tourism shall be based on competitive bids.
Contracts shall be awarded to the lowest responsible bidder,
taking into consideration the best interests of the state, the
quality of performance of the services rendered, the conformity
with specifications, the purposes for which required, and the
time of completion, and with the consultation of the Travel and
Tourism Division Advisory Committee. In determining the lowest
responsible bidder, in addition to price, the following elements
shall be given consideration: (1) The ability, capacity,
creativity, and skill of the bidder to perform the contract
required; (2) the character, integrity, reputation, judgment,
experience, and efficiency of the bidder; (3) whether the bidder
can perform the contract within the time specified; (4) the
quality of performance of previous contracts; (5) the previous
and existing compliance by the bidder with laws relating to the
contract; and (6) such other information as may be secured having
a bearing on the decision to award the contract. The department
shall advertise for bids for the awarding of contracts concerning
travel and tourism pursuant to sections 73-101 to 73-105. At
least thirty working days shall elapse between the time formal
bids are advertised for and the time of their opening. Contracts
shall be awarded within sixty working days after the bidding has
been closed. Each person submitting
a bid shall, by certified mail, be notified as to whom the
contract was awarded.
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Existing Business Assistance Division; duties.
81-1201.14. The primary responsibility of the Existing
Business Assistance Division shall be to provide assistance to
in-state businesses. Such assistance shall encourage the startup
of new businesses and the retention and expansion of existing
businesses. Emphasis shall be placed upon meeting the unique
needs of small businesses in the state. Activities of the
division shall include, but not be limited to, financial
packaging, technical assistance, contacts with existing
businesses regarding needs, job training assistance, export
technical assistance, and assistance to businesses in accessing
new markets.
The division shall avoid duplication with existing
programs already in place which assist small businesses and
entrepreneurs, and the department and the division shall deliver
their programs through, to the extent possible, the Nebraska
Small Business Development Centers, the Nebraska Technical
Assistance Center, the Nebraska Food Processing Center, the
Nebraska Investment Finance Authority, the Small Business
Administration of the federal government, and other related
organizations.
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Business Recruitment Division; duties.
81-1201.15. The primary responsibility of the Business
Recruitment Division shall be the creation of jobs through the
attraction of business to the state. The division shall develop
a program of assistance to local governments, chambers of
commerce, development organizations, and other entities involved
in attracting new value-adding industries. Activities shall
include, but not be limited to, industrial recruitment,
marketing, international investment attraction, and technical
assistance to community organizations in their recruitment
efforts.
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Community and Rural Development Division; duties.
81-1201.16. The Community and Rural Development
Division shall provide technical and financial assistance to
communities for the preparation of community-based community
needs assessment and development strategies. The division shall
develop a program to assist communities in finding solutions to
the problems identified within the community needs assessment.
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Department; administer Community Development Block Grant Program.
81-1201.18. The department shall administer the
Community Development Block Grant Program. In addition to the
performance review requirements in section 81-1201.10, the
department shall develop an ongoing program of monitoring the
impact of grants on the communities receiving the grants. The
monitoring program shall include, but not be limited to, the
following information: (1) The status of the project for which
such grant was awarded; (2) the grant amount; (3) the local
government contribution; (4) the private financial contribution;
(5) the goals and objectives of the grant; and (6) the impact of
the grant relative to the goals and objectives of the grant. The
department, in consultation with the advisory committee, shall
determine community development objectives, state priorities, and
guidelines for the distribution of funds for community
development projects within the Community Development Block Grant
Program, which shall conform to the objectives as set forth in
the Housing and Community Development Act of 1974, as amended,
and which shall:
(a) Include statistical community need factors as
selected by the committee; and
(b) Require that grant applicants submit evidence of a
community assessment process for the project, which assessment
process the committee shall design. To the extent possible, the
Community Development Block Grant funds shall be allocated on a
need and competitive basis.
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Divisions; avoid duplication.
81-1201.19. The divisions shall avoid the duplication
of existing programs or services and, to the extent possible,
shall use existing programs and organizations to implement the
program and objectives of the division.
Department; adopt rules and regulations.
81-1201.20. The department shall adopt and promulgate
rules and regulations to carry out sections 81-1201.01 to
81-1201.20.
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Job Training Cash Fund; created; use; investment.
81-1201.21. There is hereby created the Job Training
Cash Fund. The fund shall be under the direction of the
Department of Economic Development. Money may be transferred to
the fund pursuant to subdivision (b)(4) of section 48-621. The
department shall use the fund to provide reimbursements for job
training activities, including employee assessment, preemployment
training, on-the-job training, training equipment costs, and
other reasonable costs related to helping industry and business
locate or expand in Nebraska, or to provide upgrade skills
training of the existing labor force necessary to adapt to new
technology or the introduction of new product lines. Any money
in the fund available for investment shall be invested by the
state investment officer pursuant to the Nebraska Capital
Expansion Act and the Nebraska State Funds Investment Act.
Administrative Cash Fund; created; use; investment.
81-1201.22. (1) There is hereby created the
Administrative Cash Fund to be administered by the department.
Revenue from the following sources shall be remitted to the State
Treasurer for credit to the fund:
(a) Fees charged for the sale of department
publications or subscription to publications;
(b) Fees charged for the sale of Nebraska items
promoting economic development of the state, including travel and
tourism;
(c) Deposits charged for the temporary use of Nebraska
items promoting economic development of the state, including
travel and tourism;
(d) Fees charged for attendance and participation in
department-sponsored conferences, training sessions, and other
special events;
(e) Money collected from nondepartment sources in
connection with cooperative funding of advertising, marketing,
promotional, or consulting activities; and
(f) Money received by the department in the form of
gifts, grants, reimbursements, or appropriations from any source
intended to be used by the department for carrying out the
provisions of Chapter 81, article 12.
(2) Revenue from the fund may be expended for the
following purposes:
(a) Production and distribution costs of department
publications;
(b) Purchase of items promoting economic development of
the state, including travel and tourism, intended for sale;
(c) Reimbursement of deposits collected for the
temporary use of promotional items;
(d) Payment of costs in connection with
department-sponsored conferences, training sessions, and other
special events;
(e) Payment of costs of advertising, marketing,
promotional, or consulting activities in cooperative funding
partnerships with nondepartment organizations; and
(f) Payment of costs for which fund revenue has been
received and which are related to department activities in
Chapter 81, article 12.
(3) Any money in the fund available for investment
shall be invested by the state investment officer pursuant to
sections 72-1237 to 72-1276.
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Wild West Arena; Strategic Air Command Museum; transfer of
rights, title, and interest.
81-1222.01. The Game and Parks Commission is
authorized and directed to assign to the Department of Economic
Development all its right, title, and interest in and to the
following described real estate: The North Half of Lot Sixteen,
of the subdivision of the Cody Land and Cattle Company Lands,
Lincoln County, Nebraska, lying north of the north right-of-way
line of Drainage District No. 1, Lincoln County, Nebraska,
subject to all easements, benefits, and burdens of record, such
tract of land being more particularly described as follows:
Commencing at the Northeast corner of Lot Sixteen, Cody
Land and Cattle Company Subdivision, thence running west on the
north line of lot sixteen a distance of one thousand three
hundred thirty and eight-tenths feet to the northwest corner of
lot sixteen, thence running south on the west line of lot sixteen
a distance of one thousand three hundred and twenty feet to the
southwest corner of the north one-half of lot sixteen, thence
running east on the south line of the north one-half of lot
sixteen a distance of one thousand three hundred thirty-two feet
to the southeast corner of the north one-half of lot sixteen,
thence running north on the east line of lot sixteen, a distance
of one thousand three hundred twenty feet to the point of
beginning, containing forty and thirty-four hundredths acres,
more or less; commonly referred to as the Wild West Arena
effective July 1, 1972.
The Game and Parks Commission is further authorized and
directed to assign to the Department of Economic Development all
its right, title, and interest in and to a certain lease for the
Strategic Air Command Museum effective July 1, 1972.
Director of Economic Development; fees; leases; collection;
disposition.
81-1222.02. (1) The Director of Economic Development
is hereby authorized to set and collect a fee from persons who
attend any attraction under the control or supervision of the
Department of Economic Development. All such funds shall be
deposited in the appropriate department fund and used for the
purposes set forth for that fund.
(2) The Director of Economic Development may contract
for and lease any property under the control and supervision of
the Department of Economic Development to any person or
organization if such lease is in the best interest of the state.
All funds collected from such leases shall be deposited in the
appropriate department fund and used for the purposes set forth
for that fund.
Wild West Arena; sale or lease; conditions.
81-1222.03. The Department of Economic Development
may: (1) Until July 1, 1991, with the written approval of the
Governor, sell the property known as the Wild West Arena in
Lincoln County, Nebraska; or (2) if it is in the best interest of
the state, lease such property for a term not to exceed twenty
years. The lease may contain an option to purchase the property
at a value to be determined by the department. Proceeds of the
sale or lease shall be deposited in the appropriate fund and used
for the purposes set forth for the fund.
The legal description of the Wild West Arena is: The
north half of lot sixteen, of the subdivision of the Cody Land
and Cattle Company lands, Lincoln County, Nebraska, lying north
of the north right-of-way line of Drainage District Number 1,
Lincoln County, Nebraska, subject to all easements, benefits and
burdens of record, such tract of land being more particularly
described as follows:
Commencing at the northeast corner of lot sixteen, Cody
Land and Cattle Company Subdivision, thence running west on the
north line of lot sixteen a distance of one thousand three
hundred thirty and eight-tenths feet to the northwest corner of
lot sixteen, thence running south on the west line of lot sixteen
a distance of one thousand three hundred and twenty feet to the
southwest corner of the north one-half of lot sixteen, thence
running east on the south line of the north one-half of lot
sixteen a distance of one thousand three hundred thirty-two feet
to the southeast corner of the north one-half of lot sixteen,
thence running north on the east line of lot sixteen a distance
of one thousand three hundred twenty feet to the point of
beginning, containing forty and thirty-four hundredths acres,
more or less.
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NEBRASKA VISITORS DEVELOPMENT ACT
Act; purposes.
81-1245. The purposes of the Nebraska Visitors
Development Act are (1) to create a fund for general promotional
activity, solicitation, and an operating program to attract
visitors to Nebraska and further the use of travel and tourism
facilities in Nebraska, (2) to provide for a lodging tax on
hotels for the purpose of establishing a State Visitors Promotion
Cash Fund, and (3) to authorize the governing body of any county
to appoint a visitors committee and impose a lodging tax on
hotels for the purpose of establishing a County Visitors
Promotion Fund and, in certain counties, a County Visitors
Improvement Fund.
Definitions, where found.
81-1246. For purposes of the Nebraska Visitors
Development Act, unless the context otherwise requires, the
definitions found in sections 81-1247 to 81-1251 shall be used.
Hotel, defined.
81-1247. Hotel shall mean any facility in which the
public may, for a consideration, obtain sleeping accommodations.
The term shall include hotels, motels, tourist homes,
campgrounds, courts, lodging houses, inns, state-operated hotels,
and nonprofit hotels, but hotels shall not be defined so as to
include hospitals, sanitariums, nursing homes, chronic care
centers, or dormitories or facilities operated by an educational
institution and regularly used to house students.
Consideration, defined.
81-1248. Consideration shall mean the monetary charge
for the use of space in a hotel only if the space is one
ordinarily used for accommodations and shall not include the
charge for any food or beverage served or personal services
rendered to the occupant of such space.
Occupancy, defined.
81-1249. Occupancy shall mean the use or possession,
or the right to the use or possession, of any space in a hotel if
the space is one ordinarily used for accommodations and if the
occupant's use, possession, or right to the use or possession
does not exceed a period of thirty days.
Occupant, defined.
81-1250. Occupant shall mean anyone who, for a
consideration, uses, possesses, or has a right to use or possess
any space in a hotel if the space is one ordinarily used for
accommodations.
Committee, defined.
81-1251. Committee shall mean the visitors committee
appointed as provided in section 81-1255 for the purpose of
advising the county board in administering the County Visitors
Promotion Fund and the County Visitors Improvement Fund
established pursuant to section 81-1255 and carrying out the
purposes of the Nebraska Visitors Development Act.
State Visitors Promotion Cash Fund; created; uses.
81-1252. (1) There is hereby created in the state
treasury a special fund to be known as the State Visitors
Promotion Cash Fund which shall be under the Department of
Economic Development.
(2) The division of travel and tourism in the
Department of Economic Development shall use the proceeds of the
State Visitors Promotion Cash Fund to generally promote,
encourage, and attract visitors to and within the State of
Nebraska and enhance the use of travel and tourism facilities
within the state. The proceeds of the State Visitors Promotion
Cash Fund shall be in addition to funds appropriated to the
Department of Economic Development, division of travel and
tourism, from the state General Fund.
Hotel; occupancy; sales tax.
81-1253. There is hereby imposed an additional sales
tax of one percent upon the total consideration charged for
occupancy of any space furnished by any hotel in this state. The
proceeds from such tax shall be paid to the State Visitors
Promotion Cash Fund.
Hotel; occupancy; county; impose sales tax; when.
81-1254. (1) The governing body of any county may
after a public hearing adopt a resolution to impose an additional
sales tax of not to exceed two percent upon the total
consideration charged for occupancy of any space furnished by any
hotel if such county has created a County Visitors Promotion Fund
and a visitors committee pursuant to section 81-1255. The
proceeds from such tax shall be paid to the County Visitors
Promotion Fund.
(2) The governing body of any county with a population
of more than three hundred thousand inhabitants may after a
public hearing adopt a resolution to impose an additional sales
tax of not to exceed two percent upon the total consideration
charged for occupancy of any space furnished by any hotel if such
county has created a County Visitors Improvement Fund and a
visitors committee pursuant to section 81-1255. The proceeds
from such tax shall be paid to the County Visitors Improvement
Fund.
(3) The taxes authorized by this section shall be in
addition to the tax authorized in section 81-1253 or any other
sales tax imposed or authorized.
County Visitors Promotion Fund; County Visitors Improvement Fund;
visitors committee; establishment; purpose.
81-1255. The governing body of the county shall after
a public hearing adopt a resolution establishing a County
Visitors Promotion Fund and a visitors committee which shall
serve as an advisory committee to the county board in
administering the proceeds from the taxes provided to the county
by the Nebraska Visitors Development Act. The governing body of
a county with a population of more than three hundred thousand
inhabitants may also after a public hearing adopt a resolution
establishing a County Visitors Improvement Fund. The proceeds of
the County Visitors Promotion Fund shall be used generally to
promote, encourage, and attract visitors to come to the county
and use the travel and tourism facilities within the county. The
proceeds of the County Visitors Improvement Fund shall be used to
improve the visitor attractions and facilities in the county,
except that no proceeds shall be used to improve a facility in
which parimutuel wagering is conducted. If the visitors
committee determines that the visitor attractions in the county
are adequate and do not require improvement, the committee may
use the County Visitors Improvement Fund to promote, encourage,
and attract visitors to the county to use the county's travel and
tourism facilities. The committee shall consist of five members
appointed by the governing body of the county. Two members of
the committee shall be in the hotel industry.
Such appointees shall serve without compensation,
except for reimbursement for necessary expenses. Committee
members shall serve for terms of four years, except that two of
those initially appointed shall be appointed for initial terms of
two years. Vacancies shall be filled in the same manner as the
initial appointments. The committee shall elect a chairperson
and vice-chairperson from among its members to serve for terms of
two years.
Visitors committee; budget.
81-1256. The governing body of the county shall
annually set the budget, if any, under which the committee shall
operate.
County board; contracts authorized.
81-1257. The county board may contract with any
person, firm, association, or corporation to carry out the
Nebraska Visitors Development Act.
Tax proceeds; use; visitor attraction, defined.
81-1258. (1) Except as provided in subsection (2) of
this section, none of the proceeds from the taxes provided by the
Nebraska Visitors Development Act shall be used for any type of
capital construction.
(2) The County Visitors Improvement Fund shall be
administered by the governing body of the county with the advice
of the visitors committee created in section 81-1255. The fund
shall be used to make grants for expanding and improving
facilities at any existing visitor attraction, acquiring or
expanding exhibits for existing visitor attractions, or planning
or developing such expansions, improvements, or additions.
Grants shall be available for any visitor attraction in the
county owned by the public or any nonprofit organization, the
primary purpose of which is to operate the visitor attraction,
except that grants shall not be available for any visitor
attraction where parimutuel wagering is conducted.
(3) For purposes of this section and section 81-1255,
visitor attraction shall mean a defined location open to the
public, which location is of educational, cultural, historical,
artistic, or recreational significance or provides entertainment
or in which are exhibits, displays, or performances of
educational, cultural, historic, artistic, or entertainment
value.
Department of Economic Development; contracts authorized.
81-1259. The Department of Economic Development's
division of travel and tourism shall cooperate with other
departments and agencies of the state and may contract with other
persons, including private agencies, to carry out any of the
functions and purposes of the Nebraska Visitors Development Act.
Lodging sales tax; collection; enforcement.
81-1260. Unless otherwise specifically provided, any
sales tax on transient lodging imposed under the Nebraska
Visitors Development Act is in addition to that sales tax imposed
under the provisions of Chapter 77, article 27, and shall be
interpreted, collected, remitted, and enforced by the Tax
Commissioner under the provisions of such article.
County Visitors Promotion Fund; collection; administrative fee.
81-1261. The amount the Tax Commissioner shall remit,
as taxes collected for a County Visitors Promotion Fund, shall be
reduced by three percent as an administrative fee necessary to
defray the cost of collecting the tax and the expenses incident
to such collection.
Tax Commissioner; adopt rules and regulations.
81-1262. The Tax Commissioner shall adopt and
promulgate rules and regulations necessary for the administration
of the Nebraska Visitors Development Act.
Act, how cited.
81-1263. Sections 81-1245 to 81-1263 shall be known
and may be cited as the Nebraska Visitors Development Act.
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VENTURE CAPITAL NETWORK ACT
Act, how cited.
81-1265. Sections 81-1265 to 81-1271 shall be known
and may be cited as the Venture Capital Network Act.
Purpose of act.
81-1266. The purpose of the Venture Capital Network
Act is to improve the dissemination of information regarding
informal investment opportunities to potential investors and
entrepreneurs and thereby stimulate the growth of small
businesses in Nebraska.
Venture Capital Network; established.
81-1267. Consistent with the purpose stated in section
81-1266, the Department of Economic Development is directed to
establish, from funds appropriated to or otherwise available to
the department, the Venture Capital Network as a clearinghouse
for information on informal risk capital investment opportunities
in the fifty thousand to five hundred thousand dollar range in
Nebraska.
Department; duties.
81-1268. The Department of Economic Development shall:
(1) Enter into service contracts on a competitive bid
basis with public and private agencies, institutions,
organizations, and individuals for the purpose of establishing
and operating the Venture Capital Network;
(2) Receive and approve contract proposals for the
purpose of establishing the Venture Capital Network;
(3) Solicit the support and contributions of public and
private agencies, organizations, institutions, and individuals;
(4) Accept and administer contributions for the purpose
of operating the Venture Capital Network; and
(5) Advertise and promote the Venture Capital Network.
Venture Capital Network; duties.
81-1269. The Venture Capital Network shall:
(1) Solicit, compile, profile, and maintain current
information describing opportunities for risk capital investment
in new or emerging business ventures;
(2) Identify active informal investors and profile
their distinguishing investment objectives;
(3) Provide, for a reasonable fee, a timely,
confidential, and objective referral system serving both
entrepreneurs and investors; and
(4) Maintain statistics on the operation of the Venture
Capital Network, including the number of profiled entrepreneurs
and investors, referrals, and referrals resulting in investment.
Venture Capital Network; restrictions on functions; applicability
of securities laws.
81-1270. (1) The Venture Capital Network shall not
serve any fiduciary, advisory, or evaluative function in making
referrals.
(2) The remedies and causes of action provided under
the securities laws of the United States and under the Securities
Act of Nebraska shall apply to any conduct or activity of the
Venture Capital Network.
Venture Capital Network; administration.
81-1271. The Department of Economic Development shall
endeavor to locate a sponsor, which may be a private sector
sponsor or group of sponsors or the Nebraska Business Development
Center at the University of Nebraska at Omaha, to assume
administration of the Venture Capital Network.
Act, how cited.
81-1272. Sections 81-1272 to 81-1277 shall be known
and may be cited as the Business Development Partnership Act.
Legislative findings.
81-1273. The Legislature finds and declares:
(1) That the availability of business development
services at various geographic locations throughout the state
would result in the retention, expansion, and diversification of
existing businesses and the creation of new businesses;
(2) That the Nebraska Business Development Center, a
department of the University of Nebraska at Omaha, shall provide
business development services through a network of small business
development centers at Chadron State College, Peru State College,
the University of Nebraska at Kearney, the University of
Nebraska-Lincoln, the University of Nebraska at Omaha, and Wayne
State College;
(3) That business development services may be augmented
through specialized research and technical assistance services;
and
(4) That the Existing Business Assistance Division of
the Department of Economic Development shall coordinate,
administer, and support the delivery of such services.
Business Development Services Program; created; administration.
81-1274. There is hereby created the Business
Development Services Program in the Existing Business Assistance
Division of the Department of Economic Development. The division
shall be responsible for the administration of the program and
shall have the power and authority to contract for services as
provided in sections 81-1275 and 81-1276.
Nebraska Business Development Center; duties.
81-1275. The Existing Business Assistance Division
shall contract with the Nebraska Business Development Center to
administer, manage, and deliver regional small business services,
and the Nebraska Business Development Center shall:
(1) Provide such services as close as possible to small
businesses through a network of small business development
centers located in Omaha, Lincoln, Kearney, Wayne, North Platte,
Scottsbluff or Gering, Chadron, Peru, and such other communities
as the Existing Business Assistance Division shall determine
based on the applications of communities desiring to be the
location of a small business development center. In determining
the location of small business development centers, the division
shall consider several factors, including, but not limited to:
(a) Preexisting small business development centers; (b)
geographic accessibility; and (c) existing resources such as
building space and office equipment or the willingness of a
community to provide some or all of those resources. The
division shall prescribe the form of the application for location
of a small business development center and take all actions
necessary in the processing of such applications;
(2) Integrate activities funded through the Business
Development Partnership Act with those funded by the United
States Small Business Administration or any other program
supporting the Nebraska small business development centers;
(3) Furnish one-to-one individual counseling to small
businesses;
(4) Assist in technology transfer, research, and
coupling from existing sources to small businesses;
(5) Maintain current information concerning federal,
state, and local regulations that affect small businesses and
counsel small business on methods of compliance;
(6) Coordinate and conduct research into technical and
general small business problems for which there are no ready
solutions;
(7) Provide and maintain a comprehensive library that
contains current information and statistical data needed by small
businesses;
(8) Maintain a working relationship and open
communications with the financial and investment communities,
legal associations, local and regional private consultants, and
local and regional small business groups and associations in
order to help address the various needs of the small business
community;
(9) Conduct indepth surveys for local small business
groups in order to develop general information regarding the
local economy and general small business strengths and weaknesses
in the locality; and
(10) Provide other services as determined in
consultation with the Existing Business Assistance Division.
Existing Business Assistance Division; contracts; authorized.
81-1276. The Existing Business Assistance Division may
contract with any postsecondary institution of higher education,
community organization, governmental agency or entity, or any
other profit or nonprofit entity to provide specialized research,
technology development assistance, technology transfer services,
financial packaging or leveraging services, human resources
development services, or such other specialized services as the
division deems necessary if preference is given to entities based
in or operating in Nebraska.
Existing Business Assistance Division; contracts; reports.
81-1277. The Existing Business Assistance Division
shall require, as a condition of contracts awarded under the
Business Development Services Program, satisfactory quarterly
reports from recipients describing services provided, clients
served, and expenditures. The division shall provide an annual
report to the Legislature which describes services provided under
the Business Development Partnership Act, analyzes the impact of
the services, makes recommendations regarding the services, and
evaluates the performance of service deliverers.
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AGRICULTURAL PRODUCTS RESEARCH FUND
Nebraska Agricultural Products Research Fund; created;
investment.
81-1278. There is hereby created for the use of the
Department of Economic Development a fund, to be known as the
Nebraska Agricultural Products Research Fund, to consist of any
funds appropriated by the Legislature and any funds received by
gift or from the federal government to be used for the purpose
provided in section 81-1279. Any money in the fund available for
investment shall be invested by the state investment officer
pursuant to the Nebraska Capital Expansion Act and the Nebraska
State Funds Investment Act.
Fund; use.
81-1279. The proceeds of the Nebraska Agricultural
Products Research Fund and any funds received by gift or from the
federal government to be used for the purpose provided in this
section shall be expended by the Department of Economic
Development for research and development of new, additional, and
improved uses for agricultural products and for the promotion of
industrialization of products developed by the expenditure of
such funds. The department may, within the limits of the funds
available to it, coordinate and expedite activities toward
research with the Institute of Agriculture and Natural Resources
of the University of Nebraska.
Fund; patents; powers of director; royalties.
81-1280. The Director of Economic Development may
acquire title on behalf of the State of Nebraska to any patent
resulting from research projects conducted with funds of the
Nebraska Agricultural Products Research Fund. The director, with
the approval of the Governor, may grant licenses or otherwise
dispose of a patent as he or she deems to be most favorable to
the State of Nebraska. Any royalties or other income derived
from the licensing, sale, or use of a patent shall be paid into
the fund to be used for the purposes of the fund.
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HOUSING PROGRAMS
Comprehensive housing affordability strategy; established;
contents; advisory committee; powers and duties.
81-1281. (1) The Department of Economic Development
shall establish a comprehensive housing affordability strategy.
The strategy shall identify needs, consider issues, and make
recommendations regarding housing affordability, housing
availability, housing accessibility, and housing quality in
Nebraska. The department shall submit the strategy to the
Governor and the Clerk of the Legislature by October 1, 1991.
(2) The department shall establish a housing advisory
committee consisting of individuals and representatives of groups
involved with housing issues in Nebraska to assist with the
establishment of the strategy. The department shall work with
the Governor's Policy Research Office, the Department of Social
Services, the Department of Public Institutions, the Department
of Health, the Department of Banking and Finance, the Nebraska
Investment Finance Authority, and any other public or private
agency involved in addressing housing needs in Nebraska.
(3) The strategy shall:
(a) Describe the state's estimated housing needs for
the ensuing five-year period and the need for assistance for
different types of tenure and for different categories of
residents such as very-low-income, low-income, and
moderate-income persons, the elderly, single persons, large
families, residents of nonmetropolitan areas, and other
categories determined to be appropriate by the committee;
(b) Describe the nature and extent of homelessness in
the state, providing an estimate of the special needs of various
categories of persons who are homeless or threatened with
homelessness and a description of the strategy for (i) helping
low-income families avoid homelessness, (ii) addressing the
emergency shelter and transitional housing needs of the homeless,
including an inventory of facilities and services that meet such
needs in Nebraska, and (iii) helping homeless persons make the
transition to permanent housing;
(c) Describe significant characteristics of the housing
market;
(d) Explain whether the cost of housing or the
incentives to develop, maintain, or improve affordable housing in
Nebraska are affected by public policies, including tax policies
affecting land and other property, land-use controls, zoning
ordinances, building codes, fees and charges, growth limits, and
policies that affect the return on residential investment;
(e) Explain the institutional structure, including
private industry, nonprofit organizations, and public
institutions through which the state will carry out the strategy,
assessing the strengths and gaps and describing what will be done
to overcome any gaps;
(f) Describe the means of coordination and cooperation
among the units of state and local government in the development
and implementation of the strategy;
(g) Establish standards and procedures for monitoring
housing activities undertaken because of the strategy; and
(h) Include any other information on housing in
Nebraska deemed relevant by the Department of Economic
Development or the committee.
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RURAL DEVELOPMENT COMMISSION
Rural Development Commission; created; administration.
81-1282. There is hereby created the Rural Development
Commission. The commission shall advocate and recommend programs
that foster community sustainability and economic development
initiatives in rural areas of Nebraska. For administrative
purposes, the commission and its executive director and staff
shall be within the Department of Economic Development. The
Director of Economic Development, in consultation with the
chairperson and vice-chairperson of the commission, shall
supervise the hiring of the executive director using the state
personnel hiring process. The Director of Economic Development,
in consultation with the chairperson and vice-chairperson and the
executive director, may employ personnel necessary to carry out
the powers and duties of the commission. The Lieutenant
Governor, the Governor's Policy Research Office, the Department
of Economic Development, the Department of Agriculture, and other
state agencies may provide administrative and technical support
under the direct supervision of the Governor. The commission may
secure cooperation and assistance of other appropriate government
and private-sector entities specifically for rural programs.
Rural Development Commission; members; terms; meetings; expenses.
81-1283. (1) The Rural Development Commission shall
consist of nineteen members who represent a wide range of rural
Nebraska interests. The Governor with the advice of the
commission shall appoint the members of the commission and the
chairperson and vice-chairperson of the commission. The
appointments may include representation from nonmetropolitan
Nebraska residents, business, agriculture, nonprofit
organizations, federal, state, and local government, Nebraska's
Indian tribes, and other groups as necessary to conduct the
business of the commission. The Governor shall consider and
attempt to balance representation based on political party
affiliation, gender, race, age, community size, and the different
geographical areas of Nebraska when making appointments.
(2) The terms of the initial members shall be as
follows: Six members shall serve for one-year terms; seven
members shall serve for two-year terms, including the members
designated as chairperson and vice-chairperson; and four members
shall serve for three-year terms. Thereafter members shall serve
for terms of two years. The Governor shall appoint two ex
officio, nonvoting members from the Legislature for two-year
terms. Members other than the chairperson and vice-chairperson
may not serve more than three consecutive two-year terms.
(3) The commission shall meet at the call of the
chairperson or a majority of the voting members. The chairperson
shall call such meetings as he or she determines necessary to
fulfill the duties of the commission. A quorum shall be one-half
of the voting members.
(4) The members of the commission shall be reimbursed
for their actual and necessary expenses as provided in sections
81-1174 to 81-1177 and pursuant to policies of the commission.
Rural Development Commission; duties.
81-1284. The Rural Development Commission shall:
(1) Focus attention on and increase awareness of the
opportunities and needs of rural Nebraskans;
(2) Advocate for rural Nebraska by proposing solutions
to rural challenges;
(3) Strengthen community sustainability and growth in
rural Nebraska through increased community-based wealth creation,
expanded economic opportunity, and improved quality of life;
(4) Stimulate rural development innovation and foster
information transfer to, from, and within rural Nebraska;
(5) Encourage and support continuity, coordination, and
cooperation among national, state, multicommunity, and local
rural development initiatives and service providers;
(6) Ensure that rural Nebraskans are afforded the
opportunity to determine rural Nebraska's development agenda;
(7) Serve as an advisory body to the Governor, state
agencies, and the Legislature on rural development issues;
(8) Establish an information clearinghouse on rural
challenges and needs, development services, model initiatives,
available resources, and service providers;
(9) Foster community-based development initiatives
through multicommunity partnerships;
(10) Support strategic planning and research for and
evaluation of rural development initiatives and service
providers; and
(11) Serve as Nebraska's rural development council
within the meaning of the Presidential Initiative on Rural
America by providing inventories, reports, assessments, and
implementation plans as appropriate.
Rural Development Commission; powers.
81-1285. The Rural Development Commission may:
(1) Appoint nonvoting members, obtain advisors, create
task forces composed of noncommission members, or engage in other
appropriate activities necessary in completing the commission's
duties;
(2) Issue reports, recommendations, or other
communications as deemed necessary by the chairperson of the
commission;
(3) Adopt operating procedures and guidelines; and
(4) Engage in other activities relevant and appropriate
to its purpose, duties, and powers.
In addition, the commission, with the concurrence of
the Department of Economic Development, shall have the power to
receive or apply for and receive gifts, grants, contributions,
and other funds from the federal government, private agencies,
affiliated associations, and individuals and to contract with
public and private groups to conduct its business.
Rural Development Commission; report.
81-1286. On or before February 15 of each year, the
executive director of the Rural Development Commission shall
transmit to the Governor and the Clerk of the Legislature an
annual report which includes a summary of the commission's
activities, recommendations for future rural development action,
and an accounting of the source and use of funds disbursed during
the previous fiscal year.
Rural Development Cash Fund; created; use; investment.
81-1287. There is hereby created the Rural Development
Cash Fund which shall be used by the Department of Economic
Development for the purpose of sections 81-1282 to 81-1286.
Money deposited in the fund shall include any monetary gifts,
grants, and donations, proceeds from contracts for services, and
reimbursements of expenses. Any money in the fund available for
investment shall be invested by the state investment officer
pursuant to the Nebraska Capital Expansion Act and the Nebraska
State Funds Investment Act.