89-1,100 Weights and Measures Administrative Fund; created; use; investment; fees, penalties, and other money; lien.
89-1,100. Weights andMeasures Administrative Fund; created; use; investment; fees, penalties, andother money; lien.The director shall collectregistration, permit, laboratory, test, and inspection fees, penalties, andmoney required to be reimbursed as provided for in the Weights and MeasuresAct and shall remit such funds to the State Treasurer. The State Treasurershall credit such funds to the Weights and Measures Administrative Fund, whichfund is hereby created. All fees, penalties, and reimbursements collectedpursuant to the act and credited to the fund shall be appropriated to theuses of the department to aid in defraying the expenses of administering theact, except that transfersmay be made from the fund to the General Fund at the direction of the Legislature.Any unexpended balance in the Weightsand Measures Administrative Fund at the close of any bienniumshall, when reappropriated, be available for the uses and purposes of thefund for the succeeding biennium. Any money in the fund available for investmentshall be invested by the state investment officer pursuant to the NebraskaCapital Expansion Act and the Nebraska State Funds Investment Act. The registration,permit, laboratory, test, and inspection fees, penalties, and money requiredto be reimbursed as provided for in the Weights and Measures Act shall constitutea lien on the weighing and measuring devices or standards required to be registeredor approved for use in this state until such fees, penalties, and reimbursementsare paid. The director may sue for such fees, penalties, and reimbursementsand may seek to foreclose on any lien in the name of the state. The countyattorney of the county in which the device is located or the Attorney General'soffice shall, upon the request of the director, take appropriate action toestablish and foreclose on any such lien. SourceLaws 1972, LB 1413, § 18; Laws 1974, LB 17, § 2; Laws 1986, LB 258, § 45; Laws 1991, LB 356, § 30; Laws 1994, LB 1066, § 142; Laws 2001, LB 541, § 9; Laws 2003, LB 161, § 7; Laws 2009, First Spec. Sess., LB3, § 101.Effective Date: November 21, 2009 Cross ReferencesNebraska Capital Expansion Act, see section 72-1269.Nebraska State Funds Investment Act, see section 72-1260.