AGO 98033.

• Court: Nebraska

Nebraska Attorney General Opinions 1998. AGO 98033. DATE: August 13, 1998SUBJECT: Nebraska Dairy Industry Development ActREQUESTED BY: Larry E. Sitzman, Director Department of AgricultureWRITTEN BY: Don Stenberg, Attorney General Steve Grasz, Deputy Attorney General You have requested an Attorney General's Opinion concerning the authority of the Nebraska Dairy Industry Development Board. The Dairy Industry Development Act, Neb. Rev. Stat. Ann. §§ 2- 3948 to 2-3964 (Michie 1995) (the 'Act'), was created as 'contingency' legislation which would allow a Nebraska appointed board to receive and disperse promotional income to qualified dairy promotion agencies in case Federal statutes currently administering this program are repealed. Federal legislation sets the dairy producer assessment on commercially used milk. A portion of the assessment is allocated to the National Dairy Promotion and Research Board, and the remaining portion is allocated through the Federal Order Promotion Agency #65 to local promotion agencies in and around Nebraska. Should the Federal Order Advertising and Promotion Agency #65 (or PL 98-108) be repealed, rescinded, or otherwise terminated, Nebraska producers would technically lose control of this promotion money. The Act, therefore, was created to have the Nebraska Dairy Development Board (the Board) in place in the event current programs are terminated or repealed. The responsibilities of the Board to disperse funds to qualified state and regional programs for advertising, research, and nutrition education will commence at the time current control and disbursement of funds is repealed or terminated. As of this date, neither relevant Federal statute has been repealed. Thus, the Act currently grants authority to create the Board, but the Board is powerless. If the Federal statutes are repealed, the second part of the Act which grants powers to the Board will become operative on that date. The following should answer your specific questions, assuming the remaining provisions of the Act become effective on March 31, 1999: 1. Can the Nebraska Dairy Industry Development Board officially meet prior to March 31, 1999? No. Neb. Rev. Stat. §§ 2-3951 to 2-3954 provide for the creation of the Board, the appointment of members of the Board, and the procedures for filling vacancies. These sections became operative on July 15, 1992...