85 Neb. Admin. Code, ch. 1C, § 001 - Scope and Authority

The Department of Economic Development, under authority of, and in compliance with, Sections 13-201 through 13-208 of the Nebraska Revised Statutes, promulgates the following Community Development Assistance Act Rules and Regulations.

001.01 Business Firm

Business firm means any business entity including a corporation, fiduciary, sole proprietorship, partnership, or corporation having an election in effect under subchapter S of the Internal Revenue Code subject to the state income or franchise tax imposed by section 77-2715, 77-2734.02 or an insurance company paying a tax in this state pursuant to section 44-150, 77-908, 77-909, or a financial institution paying the tax imposed pursuant to sections 77-3801 to 77-3807;

001.02 Community Services

Community Services means any type of the following in a community development area:

(a) employment training;

(b) human services;

(c) medical services;

(d) physical facility and neighborhood development services;

(e) recreational services or activities;

(f) educational services;

(g) crime prevention activities, including, but not limited to, (1) the instruction of any individual in the community development area that enables him or her to acquire vocational skills, (2) counseling and advice, (3) emergency sendees, (4) community, youth, day care, and senior centers, (5) in-home services, (6) home improvement services and programs, (7) and any legal enterprise which aids in the prevention or reduction of crime; or

(h) purchasing shares of stock in the business development corporation formed to provide debt and equity fiaandng in the target area identified in 001.11 below;

001.03 Department

Department means the Department of Economic Development;

001.04 Director

Director means the Director of the Department of Economic Development;

001.05 The Act

The Act means the Community Development Assistance Act;

001.06 Community Development Area

Community development area means any incorporated village, city, county, tribal reservation, or part thereof, which has been designated by the Department as an area of chronic economic distress;

001.07 Subdivision of Local Government

Subdivision of Local Government means any incorporated village, city, county or tribal authority;

001.08 Commimity Assistance

Community assistance means furnishing financial assistance, labor material, or technical advice to aid in the physical improvement of-any part or all of a community development area;

001.09 Community Betterment Organization

Community Betterment Organization means

(a) any organization performing community services or offering community assistance in a community development area and to which contributions are tax deductible under the provisions of the Internal Revenue Service of the United States Department of the Treasury,

(b) the purchase of shares in the business development corporation formed to provide debt and equity financing in the target area identified in 001.11 below, and

(c) a county, city, or village performing community services or offering commumity assistance in a community development area, shall be considered a certified program of a community betterment organization;

001.10 Rural Area

Rural area means an area not located within a community of a population of 15,000 or more.

001.11 Target Area

Target area means the census tract(s) of a city of the metropolitan class, where at least fifty percent of the residents are members of a minority racial group and more than twenty percent of the residents have an annual income below the poverty level, as determined by the 1980 federal census, and which meets at least two of the following conditions, as determined by the 1980 federal census:

001.11A Seventy percent or more of the households in such census tract(s) have annual income which are less than eighty percent of the median family income of the city of the metropolitan class in which such census tract(s) is located;

001.11B Nine percent or more of the labor force residing in such census tract(s) are unemployed;

001.11C Such census tract(s) lost twenty percent or more of its population between the years 1970 and 1980.

Notes

85 Neb. Admin. Code, ch. 1C, § 001

Amended effective 10/6/2015.