Nebraska § 37-431 Nebraska Habitat
Fund; Nebraska Aquatic Habitat Fund; created; use; investment; stamps; fees;
disposition; duties of officials; violation; penalty

Nebraska Statutes

§ 37-431 — Nebraska Habitat Fund; Nebraska Aquatic Habitat Fund; created; use; investment; stamps; fees; disposition; duties of officials; violation; penalty

Nebraska § 37-431

Ch. 37Game and Parks

This text of Nebraska § 37-431 (Nebraska Habitat Fund; Nebraska Aquatic Habitat Fund; created; use; investment; stamps; fees; disposition; duties of officials; violation; penalty) is published on Counsel Stack Legal Research, covering Nebraska primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Neb. Rev. Stat. § 37-431 (2026).

Text

(1)(a) The Nebraska Habitat Fund is created. The commission shall remit fees received for annual and multiple-year habitat stamps and annual and multiple-year Nebraska migratory waterfowl stamps to the State Treasurer for credit to the Nebraska Habitat Fund. 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. Up to twenty-five percent of the annual receipts of the fund may be spent by the commission to provide access to private wildlife lands and habitat areas, and the remainder of the fund shall not be spent until the commission has presented a habitat plan to the Committee on Appropriations of the Legislature for its approval.

(b)Fees received for life

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(1)(a)
The Nebraska Habitat Fund is created. The commission shall remit fees received
for annual and multiple-year habitat
stamps and annual and multiple-year Nebraska
migratory waterfowl stamps to the State Treasurer for credit to the Nebraska
Habitat Fund. 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. Up to twenty-five percent
of the annual receipts of the fund may be spent by the commission to provide
access to private wildlife lands and habitat areas, and the remainder of the
fund shall not be spent until the commission has presented a habitat plan
to the Committee on Appropriations of the Legislature for its approval.
(b) Fees received for lifetime habitat stamps and lifetime
Nebraska migratory waterfowl stamps under the Game Law shall be credited to
the Nebraska Habitat Fund. Twenty-five percent of the fees for such stamps
shall not be expended but may be invested by the state investment officer
pursuant to the Nebraska Capital Expansion Act and the Nebraska State Funds
Investment Act. Income from such investments may be expended by the commission
pursuant to section 37-432 .
(2)(a) The Nebraska Aquatic Habitat Fund is created. The
commission shall remit fees received for annual
and multiple-year aquatic habitat stamps and one dollar of the
one-day fishing permit fee as provided in section 37-426 to the State Treasurer
for credit to the Nebraska Aquatic Habitat Fund. 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. Up to thirty percent of the annual receipts of the fund may be spent
by the commission to provide public waters angler access enhancements and
to provide funding for the administration of programs related to aquatic habitat
and public waters angler access enhancements, and the remainder of the fund
shall not be spent until the commission has presented a habitat plan to the
Committee on Appropriations and the Committee on Natural Resources of the
Legislature for their approval.
(b) Fees received for lifetime aquatic habitat stamps shall
be credited to the Nebraska Aquatic Habitat Fund and shall not be expended
but may be invested by the state investment officer pursuant to the Nebraska
Capital Expansion Act and the Nebraska State Funds Investment Act. Income
from such investments may be expended by the commission pursuant to section 37-432 .
(3) The secretary of the commission and any county clerk
or public official designated to sell habitat stamps, aquatic habitat stamps,
or Nebraska migratory waterfowl stamps shall be liable upon their official
bonds or equivalent commercial insurance policy for failure to remit the money
from the sale of the stamps, as required by sections 37-426 to 37-433 , coming
into their hands. Any agent who receives stamp fees and who fails to remit
the fees to the commission within a reasonable time after demand by the commission
shall be liable to the commission in damages for double the amount of the
funds wrongfully withheld. Any agent who purposefully fails to remit such
fees with the intention of converting them is guilty of theft. The penalty
for such violation shall be determined by the amount converted as specified
in section 28-518 .

Legislative History

Source: Laws 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; Laws 2011, LB41, § 11. Cross References: Nebraska Capital Expansion Act, see section 72-1269. Nebraska State Funds Investment Act, see section 72-1260.