2010 Merton L. "Cap" Dierks

I first met Senator Cap Dierks when he became a Candidate for the Nebraska Legislature in 1986. At that time, he defeated a 16-year incumbent, Senator John DeCamp, who is also my friend. Although somewhat different in personality legislative procedure and physical stature than his predecessor, Senator Dierks moved quickly to establish himself as one of the solid, hard-working Members of the Body.

During his first legislative term, I learned that I could rely upon Senator Dierks as an ally whenever an issue arose that was important to agriculture. That was not unexpected because of his strong agricultural background. What I also appreciated about Senator Dierks was that not-withstanding his deep interest in agriculture and his willingness to fight for equity for Nebraska's rural interests through the legislative process was the fact that he was also well versed in every issue that was important to Nebraska citizens whether they were rural or urban.

He quickly became a leader of the Nebraska's Legislature Pro-life faction, a position he still holds today with the same firm, kindly determination he held when he arrived in 1987. His efforts to secure economic equity for Nebraska farmers and ranchers has never overridden what he considers his personal responsibility to make Nebraska a better place to live and work for all of its citizens regardless of race, creed, or color. Senator Dierks proved early that it was not necessary for him to hold a leadership position to be a leader in the Nebraska Legislature.

In 1993, his leadership ability was recognized by his colleagues when he was elected Chairman of the Agriculture Committee of the Nebraska Unicameral, a position he held for 10 years. Senator Dierks and I at a very early date learned we shared a common interest in protecting farmers and ranchers from the excessive concentration and vertical integration which was occurring in agricultural production.

Senator Dierks is a Founding Member of the Organization for Competitive Markets, a national advocacy organization and has become a leading voice to restrain anti-competitive forces in agricultural markets. This includes enforcement of the Anti-trust Laws and other measures to protect producers from anti­competitive practices, Senator Dierks, as Chairman of the Agriculture Committee, in 1998 introduced the Competitive Livestock Market Act. This legislation created a system of mandatory price reporting whereby packers could report prices paid under contract procurement, as well as prices reported in public transactions. In addition, this legislation banned packers from owning and feeding cattle and prohibited predatory pricing practices.

Senator Dierks also promoted country-of-origin labeling at the retail level. Most of the elements of the Competitive Livestock Market Act have since been enacted by Congress or are currently under consideration. Senator Dierks is by profession a Veterinarian so it was only natural that he became a leader in animal health issues. Many years prior to the attack on the World Trade Center, Senator Dierks expressed concern for our food security system in the United States. LB 438 authorized the Bureau of Animal Industry to transition from primarily implementing specific Disease Eradication Programs to engaging in more proactive activities of disease surveillance to prevent and contain potential disease introduction, including planning in preparation for deliberate disease introductions or contamination of food supply by terrorists. As a veterinarian and as a rancher long before animal rights organizations became interested in animal cruelty, Senator Dierks successfully updated the Animal Anti-Cruelty Laws in this state.

Senator Dierks introduced and successfully enacted this legislation quietly with no fanfare and very little public recognition for his accomplishments. Senator Dierks' ability to predict the needs of his constituents and the state were very aptly demonstrated in 2001. At a time when many persons were calling the ethanol industry a mature industry without need for further expansion, Senator Dierks insisted that the demand for ethanol would increase substantially and that Nebraska would not share in that expansion if the Legislature did not provide certain incentives. Notwithstanding many critics, Senator Dierks drafted, introduced, and passed LB 536 in 2001. That bill directly resulted in the construction of 10 new ethanol plants which then provided the impetus for the planning and construction of at least another 8 ethanol plants. Nebraska is now the second largest producer of ethanol in the nation. Senator Dierks accurately predicted that corn production in Nebraska would rise sufficiently to meet the demand created by ethanol. Today the increase in corn production from 1990 until today is sufficient to provide the entire supply of corn for the ethanol industry, with no reduction in supply for either the domestic or foreign market. As an added benefit, the wet distillers grain, a by-product of the distillation process, has become a favorite feed for cattle feeders and has revolutionized that industry.

I would be guilty of a grave oversight if I did not recognize the sacrifices of Senator Dierks' family because of his lengthy career of public service. His wife, Gloria, his sons, John, Chris, Tom, and his daughter Stephanie Upp, plus his 11 grandchildren. The family has always supported him in all his endeavors. When Senator Dierks agreed to be a Candidate for his Fifth Term in the Nebraska Legislature in the year 2000, Gloria supported that decision. She did comment to me that she had always looked forward to going south for the winter, but that she really had hoped that they would be going farther south than Lincoln, Nebraska.

Without Senator Dierks' leadership, none of the progress I have described would have taken place. I could speak much longer if I were to list all of the legislation enacted by Senator Dierks and all of the contributions he has made to this state and its people but that is not why we are here tonight. At a time when common decency and ordinary civility is lacking in many of our Legislative Bodies, Senator Dierks is the ideal elected servant. He is honest, sincere, fearless, compassionate, and understanding. He is respected by everyone, both his supporters and his opponents. We are here tonight to recognize a man who has been a good husband, father, grandfather, veterinarian, rancher, and legislator. Senator Dierks is my good friend and a good man.