54-778 Responsibility for costs; department; powers and duties; prohibited acts; penalty; Anthrax Control Act Cash Fund; created; use; investment.
54-778. Responsibility for costs; department;powers and duties; prohibited acts; penalty; Anthrax Control Act Cash Fund;created; use; investment.(1)The owner or custodian of an affected herd or affected premises shall be responsibleto pay for costs related to: (a) The quarantine, testing, or vaccination ofan affected herd; (b) the disinfection or cleaning of the premises of an affectedherd; and (c) any other costs associated with the control of anthrax in suchherd.(2) The department mayassess and collect payment for services provided and expenses incurred pursuantto its responsibilities under the Anthrax Control Act.(3) Any person failing tocarry out the responsibilities set out in the act and any rules and regulationsadopted and promulgated thereunder shall be guilty of a Class I misdemeanor.Whenever any person fails to carry out such responsibilities under the act,the department may perform such functions. Upon completion of any requiredanthrax control activities, the department shall determine its actual costsincurred in handling the affected herd and affected premises and conductingthe testing and notify the herd owner or custodian in writing. The herd owneror custodian shall reimburse the department its actual costs within fifteendays following the date of the notice. Any person failing to reimburse thedepartment shall be assessed a late fee of up to twenty-five percent of theamount due for each thirty days of nonpayment to reimburse the departmentfor its costs of collecting the amount due.(4) Any costs and fees assessed and collected pursuantto this section shall be remitted to the State Treasurer for credit to theAnthrax Control Act Cash Fund.(5) The Anthrax Control Act Cash Fund is created.The fund shall consist of money appropriated by the Legislature and gifts,grants, costs, or charges from any source, including federal, state, public,and private sources. The fund shall be used to carry out the Anthrax ControlAct. Any money in the fund available for investment shall be invested by thestate investment officer pursuant to the Nebraska Capital Expansion Act andthe Nebraska State Funds Investment Act. SourceLaws 2009, LB99, § 15. Cross ReferencesNebraska Capital Expansion Act, see section 72-1269.Nebraska State Funds Investment Act, see section 72-1260.