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LEGISLATURE OF NEBRASKA
ONE HUNDRED EIGHTH LEGISLATURE
FIRST SESSION
LEGISLATIVE BILL 456
Introduced by Brewer, 43; Erdman, 47.
Read first time January 13, 2023
Committee: Natural Resources
1 A BILL FOR AN ACT relating to game animals; to amend sections 25-21,201,
2 37-301, 37-401, 37-402, 37-411, 37-559, and 84-205, Reissue Revised
3 Statutes of Nebraska, and sections 37-504, 37-613, and 81-8,219,
4 Revised Statutes Cumulative Supplement, 2022; to provide for claims
5 for monetary compensation for damage caused by elk or mountain
6 lions; to authorize the control of elk or mountain lion populations
7 by counties as prescribed; to change provisions relating to the
8 jurisdiction of district courts, applicability of the Game Law and
9 the State Tort Claims Act as prescribed, and the duties of the
10 Attorney General; to harmonize provisions; and to repeal the
11 original sections.
12 Be it enacted by the people of the State of Nebraska,
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1 Section 1. (1) For purposes of this section, commission means the
2 Game and Parks Commission.
3 (2) Any person whose property has been damaged by wild or feral elk
4 or mountain lions shall receive monetary compensation from the state.
5 Such monetary compensation shall be equal to the cost to replace the
6 damaged property, and such person shall be made whole for damages
7 sustained.
8 (3) To be eligible for monetary compensation for the damages
9 described in this section, the person whose property has been damaged or
10 an agent of such person shall notify the commission of the damage on a
11 form prescribed by the commission. Such notice shall be provided to a
12 conservation officer or to a member of the commission, and such officer
13 or member shall provide a receipt to the person requesting monetary
14 compensation specifying the date by which the person requesting monetary
15 compensation shall provide a notarized claim for such monetary
16 compensation. Such notice shall be provided not later than fifteen days
17 after such person was made aware of the damage.
18 (4) Within sixty days after notifying the commission, the person
19 requesting monetary compensation for the damages described in this
20 section shall deliver a notarized claim for such monetary compensation to
21 a conservation officer or to a member of the commission. The notarized
22 claim shall specify the damage and the amount of monetary compensation
23 requested.
24 (5) The commission shall investigate each claim made under this
25 section and consider the claims based upon a description of the damage.
26 After conducting its investigation and within sixty days after receiving
27 the notarized claim for monetary compensation, the commission may pay the
28 entire amount claimed, pay a portion of the amount claimed, or reject the
29 claim. If the commission does not within the sixty-day period pay the
30 entire amount claimed, pay a portion of the amount claimed, or reject the
31 claim, the commission shall pay the entire amount claimed.
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1 (6)(a) A person requesting monetary compensation may appeal the
2 decision of the commission if the commission chooses to only pay a
3 portion of the amount claimed or to reject the claim. Such appeal shall
4 be delivered to the commission within thirty days after such person
5 receives the decision of the commission. The appeal shall be in writing
6 and call for arbitration.
7 (b) Within fifteen days after the commission receives the call for
8 arbitration, the person and the commission shall each appoint an
9 arbitrator and notify each other of the appointment. Within twenty days
10 after their appointment, the two arbitrators shall appoint a third
11 arbitrator. If the third arbitrator is not appointed within the time
12 prescribed, the judge of the district court of the county where the
13 damage occurred shall appoint the third arbitrator upon the application
14 of either arbitrator.
15 (c) In order to be eligible to be selected as an arbitrator under
16 this section, a person shall reside in the county where the damage
17 occurred and be capable of making a reasoned and unbiased decision based
18 on the evidence presented during arbitration.
19 (d) At least twenty days before arbitration, the arbitrators shall
20 provide notice to the person requesting monetary compensation and the
21 commission of the time when and location where the parties will be heard
22 and the claim investigated and decided by the arbitrators. A written copy
23 of the decision of the arbitrators shall be served upon each party.
24 Either party may apply to the district court for the county where the
25 damage occurred for vacation, a correction, or a modification of a
26 decision of the arbitrators within thirty days after receipt of the
27 decision. The district court shall only vacate, correct, or modify a
28 decision of the arbitrators if the district court finds the decision of
29 the arbitrators to be clearly erroneous.
30 (e) Arbitration expenses shall be paid as follows within thirty days
31 after the parties receive notice of the decision of the arbitrators:
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1 (i) By the person requesting monetary compensation if the amount
2 awarded in arbitration is not greater than the amount originally
3 authorized by the commission; or
4 (ii) By the commission if the amount awarded in arbitration is
5 greater than the amount originally authorized by the commission.
6 (7) The commission may adopt and promulgate rules and regulations to
7 carry out this section.
8 Sec. 2. (1) Any county may hire a wildlife services agent to
9 control wild or feral elk and mountain lion populations within the county
10 if a portion of the cost of such wildlife services agent is funded with
11 money provided from the United States Department of Agriculture, any
12 other federal agency, or a federal program.
13 (2) A wildlife services agent hired pursuant to this section may, in
14 an official capacity as a wildlife services agent, take any action
15 necessary to control wild or feral elk and mountain lion populations
16 within the county that hired such wildlife services agent if such wild or
17 feral elk or mountain lion populations are causing significant damage
18 within such county.
19 Sec. 3. Section 25-21,201, Reissue Revised Statutes of Nebraska, is
20 amended to read:
21 25-21,201 The several district courts of the judicial districts of
22 the state shall have jurisdiction to hear and determine:
23 (1) All all claims or petitions for relief that may be presented to
24 the Legislature and which may be by any law or by any rule or resolution
25 of the Legislature referred to such courts for adjudication; ,
26 (2) All all setoffs, counterclaims, and claims for damages,
27 liquidated or unliquidated, on the part of the state against any person
28 making a claim against the state or against the person in whose favor
29 such claim arose; ,
30 (3) All all cases in which the State of Nebraska has a lien or any
31 other interest, apparent or real, upon or in any real estate in the state
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1 and in which any party may desire to have the lien or interest of the
2 state fixed and determined or foreclosed and cut off, and permission is
3 hereby given to any party to join the state as a party in any such
4 actions or proceedings in such courts involving real estate in or upon
5 which the state has, appears to have, or claims any interest or lien; ,
6 and
7 (4) All all cases in which the State of Nebraska or the Board of
8 Educational Lands and Funds of the State of Nebraska is the owner of or
9 has or claims any interest in any bonds or other obligations of any
10 drainage district, irrigation district, municipal corporation, other
11 political or governmental subdivision of the State of Nebraska and in
12 which any party may desire to have the ownership of or interest in such
13 bonds or other obligations determined, the validity thereof adjudicated,
14 or any rights and liabilities arising therefrom fixed and determined, and
15 permission is hereby given to any party to join the State of Nebraska as
16 a party in any such actions or proceedings in such courts involving the
17 ownership or interest of the state or the Board of Educational Lands and
18 Funds in such bonds or other obligations; and .
19 (5) Pursuant to section 1 of this act, the appointment of
20 arbitrators and the vacation, correction, or modification of arbitration
21 decisions.
22 Sec. 4. Section 37-301, Reissue Revised Statutes of Nebraska, is
23 amended to read:
24 37-301 Except as otherwise provided in sections 37-302 to 37-313,
25 37-315, 37-317, 37-330, 37-425, and 37-608 and section 2 of this act, the
26 commission shall have sole charge of state parks, game and fish,
27 recreation grounds, and all things pertaining thereto. All funds rendered
28 available by law, including funds already collected for such purposes,
29 may be used by the commission in administering and developing such
30 resources.
31 Sec. 5. Section 37-401, Reissue Revised Statutes of Nebraska, is
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1 amended to read:
2 37-401 (1) For the purpose of supplying revenue for the
3 propagation, importation, distribution, protection, and conservation of
4 the wildlife of this state, including all wild animals, birds, fish, and
5 all things pertaining thereto, every person sixteen years of age or older
6 who hunts for game animals or game birds or takes bullfrogs or any other
7 species defined as game or who takes fish and every person sixteen years
8 of age or older who engages in fur harvesting shall first pay a fee
9 established by the commission pursuant to section 37-327 and obtain a
10 permit.
11 (2) This section shall not apply to any person specified in except
12 persons exempt from this requirement pursuant to section 37-402.
13 (3) Any person who violates violating this section shall be guilty
14 of a Class II misdemeanor and shall be fined at least forty dollars.
15 Sec. 6. Section 37-402, Reissue Revised Statutes of Nebraska, is
16 amended to read:
17 37-402 The following persons are exempt from the requirements of
18 section 37-401:
19 (1) The owner or such owner's his or her invitee who takes fish in
20 any body of water (a) which is entirely upon privately owned land, (b)
21 which is entirely privately stocked, (c) which does not connect by inflow
22 or outflow with other water outside such land, and (d) which is not
23 operated on a commercial basis for profit; and
24 (2) Any paraplegic who takes fish in such paraplegic's his or her
25 privately owned body of water if he or she does not operate such body of
26 water is not operated on a commercial basis for profit; and .
27 (3) Any wildlife services agent hired pursuant to section 2 of this
28 act when the wildlife services agent is acting in an official capacity as
29 a wildlife services agent.
30 Sec. 7. Section 37-411, Reissue Revised Statutes of Nebraska, is
31 amended to read:
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1 37-411 (1) Unless issued a permit as required in the Game Law, it
2 shall be unlawful:
3 (a) For any resident of Nebraska who is sixteen years of age or
4 older or any nonresident of Nebraska to engage in fur harvesting or
5 possess any fur-bearing animal or raw fur. Nonresident fur-harvesting
6 permits may be issued only to residents of states which issue similar
7 permits to residents of Nebraska;
8 (b) For any resident of Nebraska who is sixteen years of age or
9 older or any nonresident of Nebraska to hunt or possess any kind of game
10 birds, game animals, or crows;
11 (c) For any person who is sixteen years of age or older to hunt or
12 possess any migratory waterfowl without a federal migratory bird hunting
13 stamp and a Nebraska migratory waterfowl stamp as required under the Game
14 Law and rules and regulations of the commission; or
15 (d) For any person who is sixteen years of age or older to take any
16 kind of fish, bullfrog, snapping turtle, tiger salamander, or mussel from
17 the waters of this state or possess the same except as provided in
18 section 37-402. All nonresident anglers under sixteen years of age shall
19 be accompanied by a person who has a valid fishing permit.
20 (2) It shall be unlawful for a nonresident to hunt or possess any
21 kind of game birds or game animals, to take any kind of fish, mussel,
22 turtle, or amphibian, or to harvest fur with a resident permit illegally
23 obtained.
24 (3) It shall be unlawful for anyone to do or attempt to do any other
25 thing for which a permit is required by the Game Law without first
26 obtaining such permit and paying the fee required.
27 (4) Any nonresident who hunts or possesses has in his or her
28 possession any wild mammal or wild bird shall first have a nonresident
29 hunting permit as required under the Game Law and rules and regulations
30 of the commission.
31 (5) Any nonresident who takes or possesses has in his or her
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1 possession any wild turtle, mussel, or amphibian shall first have a
2 nonresident fishing permit as required under the Game Law and rules and
3 regulations of the commission.
4 (6) Except as provided in this section and sections 37-407 and
5 37-418, it shall be unlawful for any nonresident to trap or attempt to
6 trap or to harvest fur or attempt to harvest fur from any wild mammal.
7 (7)(a) Any person who violates violating this section shall be
8 guilty of a Class II misdemeanor and, upon conviction, shall be fined at
9 least fifty dollars for failure to hold the appropriate stamp under
10 subdivision (1)(c) of this section, at least one hundred dollars for
11 failure to hold a fishing permit, at least one hundred fifty dollars for
12 failure to hold a small game, fur-harvesting, paddlefish, or deer permit,
13 at least two hundred fifty dollars for failure to hold an antelope
14 permit, at least five hundred dollars for failure to hold an elk permit,
15 and at least one thousand dollars for failure to hold a mountain sheep
16 permit.
17 (b) If the offense is failure to hold a hunting, fishing, fur-
18 harvesting, deer, turkey, or antelope permit as required, unless issuance
19 of the required permit is restricted so that permits are not available,
20 the court shall require the offender to purchase the required permit and
21 exhibit proof of such purchase to the court.
22 (8) This section shall not apply to any wildlife services agent
23 hired pursuant to section 2 of this act when the wildlife services agent
24 is acting in an official capacity as a wildlife services agent.
25 Sec. 8. Section 37-504, Revised Statutes Cumulative Supplement,
26 2022, is amended to read:
27 37-504 (1) Any person who at any time, except during an open season
28 ordered by the commission as authorized in the Game Law, unlawfully
29 hunts, traps, o