LB867 LB867
2024 2024
LEGISLATIVE BILL 867
Approved by the Governor April 15, 2024
Introduced by Bostelman, 23.
A BILL FOR AN ACT relating to natural resources; to amend sections 37-420 and
37-421, Reissue Revised Statutes of Nebraska, and sections 37-201, 37-438,
66-1519, 66-1523, 66-1525, 66-1529.02, and 70-1003, Revised Statutes Cumulative Supplement, 2022; to provide under the Game Law for a database for guides and outfitters, a migratory waterfowl hunting season for veterans as prescribed, a one-day hunting permit and stamps for certain veterans for use on Veterans Day, and active-duty military permits as a type of state park motor vehicle entry permit; to change reimbursement,
transfer, investment, and remedial action provisions relating to the Petroleum Release Remedial Action Cash Fund; to change provisions relating to service on the Nebraska Power Review Board; to prohibit restrictions on
the provision of certain energy services; to harmonize provisions; to provide operative dates; to repeal the original sections; and to declare an emergency.
Be it enacted by the people of the State of Nebraska,
Section 1. Section 37-201, Revised Statutes Cumulative Supplement, 2022,
is amended to read:
37-201 Sections 37-201 to 37-811 and 37-1501 to 37-1510 and sections 2 and
3 of this act and the State Park System Construction Alternatives Act shall be
known and may be cited as the Game Law.
Sec. 2. (1) For purposes of this section:
(a) Guide means a person who advertises or otherwise holds himself or
herself out to the public for hire as a guide for hunting or fishing, or both,
to provide services to any person for the purpose of hunting or fishing for any animal; and
(b) Outfitter means a person who advertises or otherwise holds himself or
herself out to the public for hire to assist any person in the taking of
animals by providing facilities, equipment, accommodations, or other services for use in hunting or fishing for any animal. Outfitter does not mean any self-
guided excursion or group hunt.
(2) The commission may establish and maintain on its website a voluntary hunting and fishing guide and outfitter database. The commission may establish
a registration fee for guides and outfitters applying for placement on the database. Such fee shall be in a reasonable amount the commission deems necessary to cover the costs of administering the database.
(3) A person may apply to the commission for placement as a guide or an outfitter on the database for a period of three years. An applicant for placement on the database as a guide or an outfitter may be included in the database if such applicant:
(a) Has never been convicted of any felony, has never been cited for trespassing, has not violated any state or federal game law within the three years prior to application, and does not have his or her privilege or right to
hunt or fish suspended in Nebraska, another state, or a participating state in
the Interstate Wildlife Violator Compact;
(b) Has completed a commission-sponsored hunter education program or a similar program approved by the commission. This subdivision does not apply to
fishing guides or fishing outfitters;
(c) Provides proof of adequate liability insurance or similar bond security;
(d) Is a registered business in the State of Nebraska; and
(e) Agrees to comply with any other requirements established under the Game Law and pursuant to the rules and regulations of the commission.
(4) The commission may remove a guide or an outfitter from the database for any violation of the Game Law or the rules and regulations of the commission or for any failure by such guide or outfitter to maintain compliance with the requirements set forth in subsection (3) of this section. The commission shall not be liable for any such failure by a guide or outfitter.
(5) The commission may adopt and promulgate rules and regulations to carry out this section. This section does not apply to licensees of licensed game breeding and controlled shooting areas.
Sec. 3. (1) For purposes of this section:
(a) Member of the armed forces means any member of the armed forces on
active duty, including any member of the National Guard or reserves on active duty other than active duty for training; and
(b) Veteran has the same meaning as in 38 U.S.C. 101, as such section existed on January 1, 2024.
(2) The commission shall prescribe a migratory waterfowl hunting season for veterans and members of the armed forces.
(3) Any veteran or member of the armed forces may hunt during such season as long as such veteran or member of the armed forces has a valid hunting permit issued under the Game Law and all required stamps necessary to hunt migratory waterfowl in Nebraska.
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(4) No motor vehicle entry permit or fee shall be required for entry into
a permit area as defined in section 37-435 by such veteran or member of the armed forces during such season.
(5) Nothing in this section shall affect the applicability of statutes,
rules, regulations, and orders other than the permit and stamp requirements described in this section.
(6) The commission may adopt and promulgate rules and regulations and pass and publish orders to carry out this section.
Sec. 4. Section 37-420, Reissue Revised Statutes of Nebraska, is amended to read:
37-420 (1) Any veteran who is a legal resident of the State of Nebraska shall, upon application and without payment of any fee, be issued a combination fishing, fur-harvesting, and hunting permit, habitat stamp, aquatic habitat stamp, and Nebraska migratory waterfowl stamp if the veteran:
(a) Was discharged or separated with a characterization of honorable or
general (under honorable conditions); and
(b)(i) Is rated by the United States Department of Veterans Affairs as
fifty percent or more disabled as a result of service in the armed forces of
the United States; or
(ii) Is receiving a pension from the department as a result of total and permanent disability, which disability was not incurred in the line of duty in
the military service.
(2) If disabled persons are unable by reason of physical infirmities to
hunt and fish in the normal manner, the commission may issue special permits without cost to those persons to hunt and fish from a vehicle, but such permits shall not authorize any person to shoot from any public highway.
(3) All permits issued without the payment of any fees pursuant to this section shall be perpetual and become void only upon termination of eligibility as provided in this section.
(4) The commission may adopt and promulgate rules and regulations necessary to carry out this section.
(5) Permits issued under subdivision (3) of this section as it existed prior to January 1, 2006, shall not expire as provided in subsection (1) of section 37-421.
Sec. 5. Section 37-421, Reissue Revised Statutes of Nebraska, is amended to read:
37-421 (1)(a) (1) The commission may issue an annual combination fishing,
fur-harvesting, and hunting permit, habitat stamp, aquatic habitat stamp, and Nebraska migratory waterfowl stamp upon application and payment of a fee of
five dollars to (i) (a) any Nebraska resident who is a veteran, who is sixty-
four years of age or older, and who was discharged or separated with a characterization of honorable or general (under honorable conditions) or (ii)
(b) any Nebraska resident who is sixty-nine years of age or older.
(b) (2) A permit issued as provided in this subsection section shall expire as provided in subdivision (3)(a) of section 37-405. Permits issued under this section as it existed before January 1, 2006, shall not expire as
provided in section 37-405.
(2) The commission shall issue a one-day hunting permit, habitat stamp,
and Nebraska migratory waterfowl stamp upon application and without payment of
any fee to any veteran who is a Nebraska resident who was discharged or
separated with a characterization of honorable or general (under honorable conditions) for use on Veterans Day. A permit and stamps issued under this subsection shall only be valid on November 11 in the year in which such permit and stamps are issued.
(3) If disabled persons are unable by reason of physical infirmities to
hunt and fish in the normal manner, the commission may issue special permits without cost to those persons to hunt and fish from a vehicle, but such permits shall not authorize any person to shoot from any public highway.
(4) The commission may adopt and promulgate rules and regulations necessary to carry out this section.
Sec. 6. Section 37-438, Revised Statutes Cumulative Supplement, 2022, is amended to read:
37-438 (1) The commission shall devise annual, temporary, and disabled veteran, and active-duty military permits.
(2) The annual permit may be purchased by any person and shall be valid through December 31 in the year for which the permit is issued. The fee for the annual permit for a resident motor vehicle shall be not more than thirty-five dollars per permit. The fee for the annual permit for a nonresident motor vehicle shall be two times the fee for a resident motor vehicle or sixty dollars, whichever is greater. The commission shall establish such fees by the adoption and promulgation of rules and regulations.
(3) A temporary permit may be purchased by any person and shall be valid until noon of the day following the date of issue. The fee for the temporary permit for a resident motor vehicle shall be not more than seven dollars. The fee for the temporary permit for a nonresident motor vehicle shall be two times the fee for a resident motor vehicle or twelve dollars, whichever is greater.
The commission shall establish such fees by the adoption and promulgation of
rules and regulations. The commission may issue temporary permits which are either valid for any area or valid for a single area.
(4)(a) A veteran who is a resident of Nebraska shall, upon application and without payment of any fee, be issued one disabled veteran permit for a resident motor vehicle if the veteran:
(i) Was discharged or separated with a characterization of honorable or
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general (under honorable conditions); and
(ii)(A) Is rated by the United States Department of Veterans Affairs as
fifty percent or more disabled as a result of service in the armed forces of
the United States; or
(B) Is receiving a pension from the United States Department of Veterans Affairs as a result of total and permanent disability, which disability was not incurred in the line of duty in the military service.
(b) All disabled veteran permits issued pursuant to this subsection shall be perpetual and shall become void only upon termination of eligibility as
provided in this subsection.
(c) The commission may adopt and promulgate rules and regulations necessary to carry out this subsection.
(5) An active-duty military permit may be purchased by any individual who is active-duty military and shall be valid through December 31 in the year for which the permit is issued. The fee for the active-duty military permit is five dollars, regardless of residency. To qualify for an active-duty military permit, the individual shall present:
(a) Such individual's military identification card; and
(b) Proof that such individual is stationed at a military base located in
Nebraska for active-duty military service.
(6) (5) The commission may offer permits or combinations of permits at
temporarily reduced rates for specific events or during specified timeframes.
(7) The commission may adopt and promulgate rules and regulations to carry out this section.
Sec. 7. Section 66-1519, Revised Statutes Cumulative Supplement, 2022, is amended to read:
66-1519 (1) There is hereby created the Petroleum Release Remedial Action 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) The fees imposed by sections 66-1520 and 66-1521;
(b) Money paid under an agreement, stipulation, cost-recovery award under section 66-1529.02, or settlement; and
(c) Money received by the department in the form of gifts, grants,
reimbursements, property liquidations, or appropriations from any source intended to be used for the purposes of the fund.
(2) Money in the fund may be spent for: (a) Reimbursement for the costs of
remedial action by a responsible person or his or her designated representative and costs of remedial action undertaken by the department in response to a release first reported after July 17, 1983, and on or before June 30, 2028
2024, including reimbursement for damages caused by the department or a person acting at the department's direction while investigating or inspecting or
during remedial action on property other than property on which a release or
suspected release has occurred; (b) payment of any amount due from a third-
party claim; (c) fee collection expenses incurred by the State Fire Marshal;
(d) direct expenses incurred by the department in carrying out the Petroleum Release Remedial Action Act; (e) other costs related to fixtures and tangible personal property as provided in section 66-1529.01; (f) interest payments as
allowed by section 66-1524; (g) claims approved by the State Claims Board authorized under section 66-1531; (h) the direct and indirect costs incurred by
the department in responding to spills and other environmental emergencies related to petroleum or petroleum products; and (i) up to one million five hundred thousand dollars each fiscal year of the department's cost-share obligations and operation and maintenance obligations under the federal Comprehensive Environmental Response, Compensation, and Liability Act of 1980,
42 U.S.C. 9601 et seq.
(3) Transfers may be made from the Petroleum Release Remedial Action Cash Fund to the General Fund at the direction of the Legislature.
(3) (4) Transfers may be made from the Petroleum Release Remedial Action Cash Fund to the Superfund Cost Share Cash Fund at the direction of the Legislature.
(4) (5) Any money in the Petroleum Release Remedial Action Cash 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. Investment earnings on and after the operative date of this section shall be credited to the fund.
Sec. 8. Section 66-1523, Revised Statutes Cumulative Supplement, 2022, is amended to read:
66-1523 (1) Except as provided in subsection (2) of this section, the department shall provide reimbursement from the fund in accordance with section
66-1525 to eligible responsible persons for the cost of remedial action for releases reported after July 17, 1983, and on or before June 30, 2028 2024, and for the cost of paying third-party claims. The reimbursement for the cost of
remedial action shall not exceed nine hundred seventy-five thousand dollars per occurrence. The total of the claims paid under section 66-1531 and the reimbursement for third-party claims shall not exceed one million dollars per occurrence. The responsible person shall pay the first ten thousand dollars of
the cost of the remedial action or third-party claim, twenty-five percent of
the remaining cost of the remedial action or third-party claim not to exceed fifteen thousand dollars, and the amount of any reduction authorized under subsection (5) of section 66-1525. If the department determines that a responsible person was ordered to take remedial action for a release which was later found to be from a tank not owned or operated by such person, (a) such person shall be fully reimbursed and shall not be required to pay the first
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cost or percent of the remaining cost as provided in this subsection and (b)
the first cost and percent of the remaining cost not required to be paid by the person ordered to take remedial action shall be paid to the fund as a cost of
remedial action by the owner or operator of the tank found to be the cause of
the release. In no event shall reimbursements or payments from the fund exceed the annual aggregate of one million nine hundred seventy-five thousand dollars per responsible person. Reimbursement of a cost incurred as a result of a suspension ordered by the department shall not be limited by this subsection if
the suspension was caused by insufficiency in the fund to provide reimbursement.
(2) Upon the determination by the department that the responsible person sold no less than two thousand gallons of petroleum and no more than two hundred fifty thousand gallons of petroleum during the calendar year immediately preceding the first report of the release or stored less than ten thousand gallons of petroleum in the calendar year immediately preceding the first report of the release, the department shall provide reimbursement from the fund in accordance with section 66-1525 to such an eligible person for the cost of remedial action for releases reported after July 17, 1983, and on or before June 30, 2028 2024, and for the cost of paying third-party claims. The reimbursement for the cost of remedial action shall not exceed nine hundred eighty-five thousand dollars per occurrence. The total of the claims paid under section 66-1531 and the reimbursement for third-party claims shall not exceed one million dollars per occurrence. The responsible person shall pay the first five thousand dollars of the cost of the remedial action or third-party claim,
twenty-five percent of the remaining cost of the remedial action or third-party claim not to exceed ten thousand dollars, and the amount of any reduction authorized under subsection (5) of section 66-1525. If the department determines that a responsible person was ordered to take remedial action for a release which was later found to be from a tank not owned or operated by such person, (a) such person shall be fully reimbursed and shall not be required to
pay the first cost or percent of the remaining cost as provided in this subsection and (b) the first cost and percent of the remaining cost not required to be paid by the person order