Storer, Ibach, bring competing amendments for Nebraska brand bill

A proposed amendment would stop the forward momentum of the Nebraska bill aimed to exempt some feedlots from the brand inspection requirement.

Storer’s amendment

Senator Tanya Storer of Cherry County introduced AM 810 that would eliminate the current LB 646 wording and replace it with language requiring the Nebraska Brand Committee to develop a comprehensive report with any recommendations they have for updating fees and inspections across all sectors of the livestock industry. The report is to be delivered electronically to the Clerk of the Legislature by the end of the year.

LB 646, sponsored by Senator Ibach, a cattle owner from Dawson County,  in its current form would provide feedlots the opportunity to apply for “exempt” status. The bill calls for the exempt feedlots to maintain any brand inspection paperwork that come with the cattle, and other paperwork accompanying cattle that originate from outside of the inspection area. The bill also calls for the Brand Committee employees to audit this paperwork four times per year until 2029. However, the audits would sunset at that time and from then forward, no third party verification of brand inspection paperwork would occur unless probable cause for an audit exists.

Currently, Nebraska feedlots within the inspection area can apply for Registered Feedlot status which allows them the flexibility to ship cattle to a terminal market without an inspection as long as the cattle are inspected in and proper records are maintained and audited. The RFLs pay $1 per head of their capacity, so a feedlot with a capacity of 50,000 head pays $50,000 per year. It is understood in the industry that a feedlot can turn cattle over more than once a year, so they generally pay less than $1 per head as long as their lot stays full.

“It’s less expensive than an eartag,” said Storer.

Storer said around 50 people have e-mailed her about this issue, with two of them supporting LB 646 and the remainder opposing it.  She has heard from no RFLs in her district, but she has heard from some feedlots who support the current brand inspection system and do not want feedlot exemption.

The cow-calf sector of the cattle industry was not included in the drafting of this bill, said Storer. She said she has told Senator Ibach that she does not support a brand inspection exemption for feedlots.

“Anytime there is a push to weaken our brand inspection laws, it becomes a controversial issue and for good reason,” she said.

Because there are only about four Nebraska Senators with close ties to the cattle industry, it is difficult to educate the full Senate body on this complex and specialized issue, said Storer. She has been in communication with her fellow Senators and hopes to gain enough support to move her amendment forward.

Storer said she has described the brand inspection program as the law enforcement arm of the cattle industry to the urban senators.

“I’m trying to get the message out about the value of the Brand Committee and its inspectors. They work with banks when there is a bankruptcy or any sort of question on collateral, they work with attorneys and legal cases of separation or divorce,” she said. Storer also pointed out that brand inspectors use a variety of methods to prove ownership including a brand on the hide. She said they often look at health papers and are sometimes the first to report any concerns about non-compliance regarding health paperwork, which can serve as a tangential benefit to the brand inspection program.

Ibach’s amendment:

Senator Ibach’s proposed amendment, AM 829, would significantly change her own bill. The amendment would eliminate the per-head cost that Registered Feedlots currently pay, and instead implement a $1,000 per year fee.

Cattle moving to or from qualified dairies would be exempt from the inspection rule and cattle that don’t change ownership when going to a feedlot (retained ownership cattle) would not need to be inspected. In addition, cattle would not need to be inspected from a RFL to an affiliated growyard and back again as long as the growyard is permanently fenced, satisfactory proof of ownership follows the cattle and 100 percent of the cattle being transferred are under the management of the RFL.

While RFLs would maintain the privilege of shipping cattle to a terminal market, they would no longer pay the fee for the cattle to be inspected into the yard and audited.

The law would still require any other cattle owner in the brand inspection area to obtain a brand inspection on any cattle going to slaughter.

Ibach believes the RFLs are currently paying “exorbitant” fees and she said that the Nebraska Brand Committee has not found stolen cattle in a RFL in at least two years.

She does not believe her bill and amendment will allow for cattle theft.

“The folks that are concerned about cattle theft should pay for the program,” she said, explaining that the brand inspection fee cap would go up to $1.50 if her bill passes.

“The people who depend on the brand inspection program should be paying  for the brand inspection process. There are no stolen cattle in feedlots,” she said.

Ibach emphasized the economic support feedlots provide to a community by providing jobs, shopping locally, etc.

“Feedlots are really offended that they fund a program that they derive absolutely no benefit from,” she said.

Ibach said feedlots and the Nebraska Cattlemen have “come to the table” on this issue, and she said that although she has reached out to the Nebraska Brand Committee, that 5-member governor-appointed group has not “offered any solutions.”

“Feedlots are a vital part of our rural economy and in my opinion we should acknowledge that and reward them for being participatory in local communities,” she said.

In a joint statement on March 17, the Nebraska Brand Committee expressed serious concern over LB 646: “Despite our role in safeguarding the industry, the Brand Committee was not consulted during the drafting of LB646 and has not been afforded a meaningful opportunity to be a contributor to discussions on a path forward and the amendments drafted. When given what chance it had to share its concerns, the Brand Committee expressed its opposition to the bill, its negative impact on the integrity of the brand system, and, should the bill pass, the need for options to address resulting fiscal consequences that would impact continued operations that are critical to the protection of the industry,” said the Nebraska Brand Committee news release.

The brand inspection area of Nebraska covers approximately the western two-thirds of the state. Within that area, cattle must be inspected to prove ownership when they change ownership or leave the inspection area or go to slaughter.

Storer said the bill might be discussed on the Senate floor on Friday, March 28, 2025. The Nebraska Brand Committee last week reported its strong opposition to the bill, clarifying that it was not a party to the drafting of the bill.

A March 18, 2025, News Channel Nebraska story reported that a northeast Nebraska feedlot owner’s 2023 cattle theft conviction would stick. The man had allegedly stolen cattle from a different feedlot and taken them to slaughter.