AGO 97023.

CourtNebraska
Nebraska Attorney General Opinions 1997. AGO 97023. DATE: March 31, 1997SUBJECT: Corn Board Membership RequirementsREQUESTED BY: Nebraska Corn Development, Utilization and Marketing BoardWRITTEN BY: Don Stenberg, Attorney General Steve Grasz, Deputy Attorney General You have requested an Attorney General's Opinion regarding eligibility for membership on the Nebraska Corn Development, Utilization and Marketing Board under certain described circumstances. Specifically, you have asked whether a corn producer who 1) discontinues his farming operation in the spring of 1997, 2) continues to derive the majority of his income in 1997 from corn, 3) becomes a full-time seed company representative in 1997, and 4) continues to be a shareholder in a family farm that produces corn, is eligible to serve as a member of the Corn Board in 1997 or in subsequent years. The qualifications for Corn Board membership are set forth at Neb. Rev. Stat. §§ 2-3611 - 2-3620 (1991 and Supp. 1996) . Section ' 2-3611 provides that the members must be citizens of Nebraska, at least twenty-one years of age, "actually engaged in growing corn in this state for a period of at least five years" and "derive a substantial portion of their income from growing corn." (emphasis added). Section 2-3 614 requires members to reside within their respective district. Section 2-3620 provides for removal of members who cease to be a resident of the state, cease to live in the district from which appointed or cease to "be actually engaged in growing corn in the state." (emphasis added). Another relevant statute is section 2-3605, which defines "grower" as "any landowner personally engaged in growing corn". (emphasis added). A similar set of statutory provisions was examined by this office in Op. Att'y Gen. No. 92065 for the Grain Sorghum Board. In that opinion, we said:
Pursuant to the Grain Sorghum Resources Act, Neb.Rev.Stat. §§2-4001 to 2-4020 (Reissue 1991), the Board "shall be composed of seven members who . . . have been actually engaged in growing grain sorghum in this state for a period of at least five years, and . . . derive a substantial portion of their income from growing grain sorghum."Neb.Rev.Stat. §2-4004(1)(c) ,(d) (emphasis added). Although this section uses the phrase "have been" growing grain sorghum (rather than "are" growing) , when the section is read
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