UNICAMERAL UPDATE News published daily at Update.Legislature.ne.gov Vol. 43, Issue 10 / March 9 - 12, 2020 Budget adjustments advanced after cloture votes awmakers gave first- enough money for property round approval March tax relief. L 12 to two bills compris- “Our fiscal posture for ing the Appropriations Com- our state, I think, is strong,” mittee’s adjustment proposal to Stinner said. the state’s $9.4 billion budget. LB1008, introduced by The state budget is struc- Speaker Jim Scheer of Norfolk tured on a two-year basis, with at the request of Gov. Pete the budget enacted during Ricketts, is the mainline bud- legislative sessions held in odd- get bill. It was replaced by an numbered years. Adjustments Appropriations Committee are made during sessions held amendment, adopted 41-2. in even-numbered years. The amendment proposes The committee’s proposal adjustments to appropriations would result in a 3 percent over- for state operations, aid and all growth in state spending and construction programs in the would increase the state’s Cash current and next fiscal year. Reserve Fund—also known as The amendment includes the rainy-day fund—to $731.1 $55.2 million to address dam- million. The package also would age from the 2019 floods. It leave $133.8 million to fund Sen. and Speaker Jim Scheer confer during de- also incorporates the provi- bills passed this session. bate on the Appropriations Committee’s budget proposal. sions of 19 additional bills, Gering Sen. John Stinner, of restoring the state’s cash reserve, with a total cost of $15.2 mil- chairperson of the Appropriations controlling state spending growth, at- lion. The measures included: Committee, said the adjustments re- taining a structural balance between • LB773, sponsored by Gothen- flect the committee’s main objectives revenue and spending and leaving (continued page 3) Youth center reforms clear first round bill to codify guidelines for youth rehabilitation and protect the safety and security of each juvenile; and treatment centers in Nebraska was broadened • an age-appropriate and developmentally appropriate A and advanced from general file March 10. education program for each juvenile; LB1140, introduced by the Health and Human Services • a case management and coordination process, de- Committee, would outline a series of requirements for the signed to assure appropriate reintegration of the juve- state’s YRTCs, including providing: nile to his or her family, school and community; and • health care and medical services; • research-based or evidence-based programming and • a safe and sanitary space for sleeping, hygiene, treatment services. education, programming, treatment, recreation and Sen. Sara Howard of Omaha, chairperson of the com- visitation for each juvenile; mittee, said the YRTC in Kearney was “in crisis” after • appropriate physical separation and segregation of closure of the girls-only YRTC facility in Geneva last year juveniles based on gender; led to girls and boys being housed together in Kearney. The • training that is specific to the population being served; bill would help the facility function safely while continu- • sufficient staffing to comply with state and federal law (continued page 2)

INSIDE: Hair discrimination ban advanced • African American commission clears first round March 9 - 12, 2020

Youth center for an inpatient adolescent John Lowe also supported the bill, psychiatric unit at the Lincoln saying the roughly 100 YRTC residents reforms clear Regional Center; and were forced to grow up too fast and • LB1145, which would require now are in crisis. first round DHHS policies regarding trans- “These young men and women (continued from front page) portation of YRTC youth to need our help, and they need it drasti- ing to provide programming for the apply to private contractors. cally,” Lowe said. residents, she said. Howard said state statute cur- Senators advanced LB1140 to select “These are important steps that rently does not establish standards file on a 45-0 vote. n address issues needing immediate at- for YRTCs, which tention while giving the department exacerbated last the flexibility to continue their work,” fall’s crisis. Howard said. “This made A Health and Human Services a difficult situa- Committee amendment, adopted 42-0, tion even more would add provisions of the following challenging,” she bills introduced by the committee: said, because there • LB1141, which would require was no minimum the state Department of Health baseline regarding and Human Services to create a what services had five-year operations plan for the to be provided. YRTCs by Nov. 15; Sen. John Arch • LB1142, which would define an of La Vista sup- emergency as a situation—not ported the pro- including inadequate staff- posal. He said ing—that would make a YRTC LB1140 and the uninhabitable and require amendment would DHHS to create an emergency provide a plan for plan for YRTCs; DHHS without • LB1143, which would require being overly pre- DHHS to contract for a cost scriptive. study and needs assessment Kearney Sen. Sen. Sarah Howard said Nebraska must provide better treatment and rehabilitation for youth in the state’s YRTCs. UNICAMERAL UPDATE

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PAGE 2 • UNICAMERAL UPDATE • 106TH LEGISLATURE March 9 - 12, 2020

Budget adjustments advanced after cloture votes (continued from front page) burg Sen. nell, which would appropriate increases the rural and urban divide.” Matt Wil- $458,000 over two years to the Bolz disagreed, noting that the liams, which state Supreme Court to increase Appropriations Committee’s member- would transfer staffing for youth problem- ship is required to include members $10 million in solving courts. from each of the state’s congressional general funds Stinner said the bills would address districts, ensuring balanced repre- to the Rural a range of issues including workforce sentation. She said items such as Workforce Sen. Matt Williams housing, prison overcrowding and flood relief, housing incentives and Housing Investment Fund; aid to individuals. The committee problem-solving courts are statewide • LB827, sponsored by Omaha attempted to include the highest initiatives that benefit all Nebraskans. Sen. Robert priority items, he said, while noting “I don’t think that we have a rural/ur- Hilkemann, that not all spending priorities could ban divide or dichotomy in this budget,” which would be addressed. she said. “I think the majority of what this provide a “This has been a tough three years,” budget does is lift up the state as a whole.” $3.7 million he said. “There’s a lot of pent-up de- In response to Wayne’s concerns, increase in mand.” Scheer offered an amendment that developmen- Stinner said additional amend- would have stricken several sections of tal disability Sen. ments may be offered during select file LB1008, including funding for Nebras- provider rates; debate if a need arises for emergency ka Career Scholarships to community • LB1018, sponsored by Omaha or public health funding to address and state colleges, $10 million for rural Sen. Tony COVID-19, the new coronavirus dis- workforce housing and $500,000 for Vargas, which ease—possibly as much as $20 million. the Daugherty Water for Food Institute. would ap- Lincoln Sen. supported Omaha Sen. and propriate an the bill and the amendment. She Wayne then offered a series of motions additional said the state’s cash reserve under the and other amendments to extend $1.5 million proposal would be approximately 14 debate on the mainline budget bill. to aid local percent in excess of the state’s appro- “I don’t have anything but the public health Sen. priations and obligations. leverage of time,” Wayne said. departments; “That’s pretty good,” Bolz said. After six hours of debate, Scheer • LB1079, “We aspire to about 16 percent, so offered a motion to invoke cloture, sponsored by we’re really in healthy shape for where which ceases debate and forces votes Lincoln Sen. we’re at in this fiscal year.” on the bill and all pending motions , Omaha Sen. Justin Wayne raised and amendments. The cloture motion which would objections over some of the bills and was adopted on a vote of 40-3. appropriate provisions contained in the committee The Scheer amendment then was $250,000 in Sen. Anna Wishart amendment, questioning the priorities defeated on a vote of 2-38, and senators general funds to the Nebraska State outlined in the proposal. For example, advanced LB1008 to select file 40-2. Patrol crime lab to support the Wayne said lawmakers should not Finally, LB1009, also introduced timely process- provide $10 million for rural workforce by Scheer at the request of the gov- ing of sexual housing when no direct appropriation ernor, would authorize and provide assault forensic for urban workforce housing has been ap- for certain fund transfers outlined in evidence; and proved during his time at the Legislature. the mainline budget bill. Following • LB1097, “There are some fundamental issues a successful cloture motion, adopted sponsored by that will not allow me to go forward 38-2 after an additional two hours of Omaha Sen. with this budget,” he said. “This budget debate, the bill was advanced to select Mike McDon- Sen. Mike McDonnell places rural over urban [interests] and file on a vote of 40-1. n

106TH LEGISLATURE • UNICAMERAL UPDATE • PAGE 3 March 9 - 12, 2020

Omaha Sen. offered general file debate March 11. an amendment, LB910, sponsored by Gering Sen. adopted 37-0, to John Stinner, would consolidate cash add provisions of funds administered by, and restruc- Changes to arts funding her LB943. The ture fees assessed by, the secretary of amended, advanced amendment would state’s office. The bill would create require the Nebras- the Secretary of State Cash Fund A bill that would make a technical ka Arts Council to by transferring the balances of the change to the budgeting process of the devise a plan for Sen. Megan Hunt existing Administration Cash Fund, Nebraska Arts Council was amended creative districts throughout the state. Corporation Cash Fund, Nebraska to authorize creative districts and The newly formed districts would Collection Agency Fund, Secretary of advanced from general file March 11. be certified by the council and distin- State Administration Cash Fund and LB780, introduced by Gering guished by geography, artistic or cultur- the Uniform Commercial Code Cash Sen. John Stinner, al activities or facilities, promotion and Fund on July 1, 2021. would change the preservation of artistic or cultural sites, Stinner said that some of the level of adminis- educational uses of artistic or cultural fees under these categories have not trative funding activities or sites and unique or niche changed in 20 years. available from the areas, activities, events, facilities or sites. He said the bill would shift the Nebraska Arts and The Legislature would have to business administration functions of Humanities Cash approve any plan developed by the the secretary of state’s office to more Fund beginning in Sen. John Stinner council. of a user fee model. The changes are fiscal year 2021. Current state law caps Hunt said arts districts embrace a projected to lower the office’s general that amount at $30,000. community’s unique characteristics fund appropriation by $300,000 per The bill would change the amount and help revitalize neighborhoods by year going forward, he said. by calculating .5 percent of the balance preserving ethnic heritage and encour- The bill would result in net cash of the Nebraska Cultural Preserva- aging community collaboration. fund revenues of approximately tion Endowment Fund as it existed “We know that arts districts can $163,000 per year, Stinner said, which on June 30 of the previous fiscal year. have a significant impact on cities,” the office would use for technology The bill would require the Nebraska she said. improvements aimed at promoting Arts Council to carry out the annual The bill also would allow the coun- international trade. calculation in conjunction with the cil to create a competitive grant pro- “By reducing [the office’s] reliance Department of Administrative Ser- gram available to a certified cultural on general funds, you are releasing vices budget division no later than district through the Nebraska Arts and those dollars back into the budget for Sept. 10 of each fiscal year. Humanities Cash Fund. Money for property tax relief,“ Stinner said. “Due to successful fundraising the grants, Hunt said, would be gener- Sen. Robert Clements of Elmwood from the private sector, both the state ated by a separate bill she introduced supported the bill, saying the changes and private funds [administered by the this session that would authorize a spe- were thoughtfully considered by the council] have seen significant growth,” cialty license plate promoting the arts. secretary of state’s office. Stinner said. “This has elevated the Following adoption of the Hunt “They limited these increases to amount of bookkeeping and oversight amendment, senators voted 37-0 to inflation and they did a lot of work on the arts council must devote to these advance LB780 to select file. analyzing how many years had it been tasks.” since [fees] were increased,” he said. “I Stinner said the cost of administer- Bill to change secretary of state think they were very fair about that.” ing the endowment fund currently is administrative fees debated Lincoln Sen. ques- 43 percent higher than the budget tioned the wisdom of increasing ap- allowance. LB780 would allow the A measure that would change a proximately 67 fees at one time. arts council to successfully carry out number of business administrative “Normally, in the past … we’ve its mission under its existing funding fees collected by the Nebraska sec- taken fee increases in a much more model, he said. retary of state’s office stalled during incremental approach,” Morfeld said.

PAGE 4 • UNICAMERAL UPDATE • 106TH LEGISLATURE March 9 - 12, 2020

“What I see here are 67 tax increases.” Cavanaugh said that a 2016 Percep- Sen. of Lin- tion Institute study revealed a strong coln also raised concerns, saying many implicit bias against natural hairstyles people who are starting businesses traditionally worn by black women have difficulty paying the filing fees. and men. Student-teacher relationship In addition, she said, most bills that “As we seek to find ways to recruit policy clears first round authorize fee increases spell out the and retain a robust workforce in specific purpose for which the revenue Nebraska, LB1060 is a no-cost way to Public and private schools in Ne- will be used and provisions to remove make Nebraska an ideal location for braska would be required to create a the increase when that purpose has a workforce looking for a state that policy that prohibits sexual contact be- been fulfilled. values its workers,” she said. tween a teacher and a student under a “We have had pitched battles to Bellevue Sen. sup- bill advanced from general file March 9. raise one fee by $1” Pansing Brooks ported LB1060. If dress codes and LB1080, introduced by Omaha Sen. said. “This is a lot of money for people.” policies affect a specific demographic , would require the school After three hours of debate, sena- more than others, she said, their per- board or board of tors moved on to the next item on the sonal rights may be violated. education of each agenda without taking any action on “These legal rights over our own school district LB910. Per a practice implemented by bodies—when put into practice—allows and the governing Speaker Jim Scheer, the sponsor of a our workforce to feel valued, raises authority of each bill that is facing a potential filibuster self-esteem, empowers individuals and private, denomina- must demonstrate sufficient support allows them to feel safe,” Blood said. tional or parochial for a cloture motion before the mea- Sen. Ben Hansen of Blair spoke in school to adopt a Sen. Steve Lathrop sure will be scheduled for additional opposition to the bill. Government policy regarding appropriate relation- debate. regulation in private business can lead ships between a student and a school to unintended consequences, he said, employee, student teacher or intern. adding that the issue of hair styles in Although many school districts the work place should be left to the already have such policies, Lathrop employer and their employees. said, not all do. Lathrop said the bill is “If I was the employee and felt part of the Legislature’s response to in- Ban on hair discrimination [discriminated against], I’d quit. I’d cidents of students being manipulated advanced tell my friends and I’d put it on social or subjected to inappropriate conduct media,” Hansen said. “That some- by teachers in Nebraska schools. Lawmakers gave first-round ap- times is the most impact you can have “The educators I represent … are proval March 9 to a bill that seeks to on a business.” committed professionals,” he said. extend employment discrimination Also opposing the bill was Venango “I believe you all would say the same protections. Sen. Dan Hughes. Depending on the about the vast majority of teachers in LB1060, sponsored by Omaha industry, he said, prohibiting certain your local school district, but even a Sen. , would hairstyles can be a serious safety con- few of these cases are too many.” expand the defi- sideration. The proposed policy would prohibit nition of race “Being in agriculture is a dangerous any school employee or any student for purposes of job,” Hughes said. “Having long hair teacher or intern from engaging in employment is an impediment and, quite frankly, grooming, which the bill partially de- discrimination that’s a risk that I’m not willing to take fines as “building trust with a student to include traits with an employee.” and individuals close to the student historically asso- Senators voted 26-9 to advance in an effort to gain access to and time ciated with race, Sen. Machaela Cavanaugh LB1060 to select file. alone with the student, with the ulti- such as hair texture and protective mate goal of engaging in sexual contact hairstyles, including braids, locks and or sexual penetration with the student.” twists. It also would prohibit any relation-

106TH LEGISLATURE • UNICAMERAL UPDATE • PAGE 5 March 9 - 12, 2020 ship that involves sexual contact or youth rehabilitation centers was and any systemic issues identified. penetration from occurring between broadened and advanced from general LB1144 also would require the de- a student and a school employee or file March 10. partment to submit quarterly reports a student teacher or intern while a The Office of Inspector General of the number of grievances filed at student is enrolled and for a minimum of Nebraska Child Welfare is housed each YRTC, to include a categoriza- of one year after a student graduates within the Office of Public Counsel, a tion of the issues related to each or ceases enrollment. division of the Legislature. Currently, grievance, the process for addressing The policy would include a proce- the office investigates allegations of grievances and any actions or changes dure for reporting suspected grooming misconduct by employees of the state made as a result. or other unacceptable conduct by a Department of Health and Human An Executive Board amendment, school employee, student teacher or Services, the juvenile services division, adopted 42-0, in- intern to the school administration, contractors and juvenile detention corporated provi- the state Department of Education, facilities. sions of LR298, the state Department of Health and LB1144, introduced by the Health sponsored by How- Human Services and law enforcement. and Human Services Committee, ard. The provisions Additionally, the policy would would “create critical legislative over- would create the describe the preferred methods for a sight” of the YRTCs, according to Youth Rehabilita- school employee, student teacher or committee chairperson, Omaha Sen. tion and Treatment Sen. Sara Howard intern to use in communicating with Sara Howard. Center Special Oversight Committee students, including cell phones, email She said the level of disrepair and of the Legislature. or social media platforms. lack of programming that senators dis- The eleven-member committee Finally, it would include notice that covered last year at YRTC Geneva were would include: policy violations could result in disci- “shocking” and that the Legislature • three members of the Health plinary action and referral to the state needs additional mechanisms to en- and Human Services and Judi- Department of Education and that sure that the situation is not repeated. ciary committees; any violation involving sexual or other LB1144 would require the juvenile • two members each from the abuse would result in referral to the services division to report to the in- Appropriations and Education state Department of Health and Hu- spector general any of the following committees; man Services, law enforcement or both. instances that occur at a YRTC: • one member from each legisla- North Platte Sen. sup- • assault; tive district in which a YRTC is ported LB1080, saying that proponent • escape; located; and testimony during its public hearing was • attempted suicide; • one at-large member of the “overwhelming” and “convincing.” • self-harm by a juvenile; Legislature. “When we drop our children off at • property damage; The oversight committee would the front door of the public school,” • use of mechanical restraints; be required to issue a report with any he said, “we fully … expect that … this • a significant medical event for findings and recommendations to kind of stuff won’t happen.” a juvenile; or the Legislature by Dec. 15, 2020, and Lawmakers voted 39-0 to advance • an internally substantiated would terminate on Dec. 31, 2020. the bill to select file. violation of the Prison Rape Howard said the new committee Elimination Act. would bring more senators into the In addition, the department would conversation regarding the YRTCs be required to notify the inspector going forward and provide a broader general of any leadership changes perspective. within the juvenile services division “Recognizing our own limitations, Legislative YRTC oversight bill or the YRTCs. The inspector general our own expertise, we’ve done what we advances would be required to conduct an an- can on the HHS side, but we really do nual review and physical inspection of need some help from some of our col- A bill that would provide greater six state institutions and report to the leagues with other areas of expertise,” legislative oversight for the state’s Legislature on their condition, staffing she said.

PAGE 6 • UNICAMERAL UPDATE • 106TH LEGISLATURE March 9 - 12, 2020

Kearney Sen. John Lowe supported inter their loved ones at a closer, non- Dec. 1, 2022. the amendment, noting the impor- veteran cemetery. “This would make sure that the tance of including on the committee “Grand Island is an ideal location,” governor’s office and the Legislature senators from legislative districts that Quick said. “It would be meaning- have unbiased opinions regarding some include a YRTC. ful for veterans and their families to of the issues and concerns specifically “That means a lot to us—that we honor our veterans at this facility.” of African Americans,” Wayne said. have a voice in what happens in our Quick introduced an amendment, Wayne introduced an amendment, districts,” Lowe said. adopted 38-0, to clarify that the initial adopted 29-0, that would require the The committee amendment also program statement required of the de- commission to publish the disparity incorporates the provisions of How- partment would be paid for from the study every five years. ard’s LB1085, which would make Nebraska Veteran Cemetery System Lawmakers advanced LB918 to references to the Office of the Public Operation Fund. select file on a 32-0 vote. Counsel in several sections of state law The amendment also would add gender neutral. an emergency clause, which would Following adoption of the commit- make the bill effective immediately tee amendment, senators voted 43-0 to upon passage. advance LB1144 to select file. Lawmakers advanced LB911 to select file on a vote of 39-0. Health data oversight board African American commission advances advances Creation of a new board to over- A bill that would create the state see the state’s health information Creation of new state veteran Commission on African American exchange advanced from general file cemetery advances Affairs advanced from general file March 9. March 10. LB1183, introduced by Sen. John The state of Nebraska would ac- LB918, introduced by Omaha Arch of La Vista, quire a veterans’ cemetery in Grand Sen. Justin Wayne, would require would create the Island under a bill advanced from that members of Health Informa- general file March 9. the commission’s tion Technology LB911, introduced by Grand Is- 14-person board Board, composed land Sen. , would enable be of African an- of health care the city to gift the cestry. The com- professionals and former Nebraska mission would other stakeholders. Sen. John Arch Veterans’ Memo- promote state and The 14-member board would es- rial Cemetery and Sen. Justin Wayne federal legislation tablish criteria for data collection and adjacent land to beneficial to African Americans in disbursement by the statewide health the state in order Nebraska, work with similar commis- information exchange. to establish a new sions from other states and coordinate The board would assure that in- state cemetery for Sen. Dan Quick housing, education, welfare, medical formation contained in the exchange veterans. The bill also would require and dental care, employment and was accessed, used and disclosed in the state Department of Veterans’ Af- other programs affecting African accordance with the federal Health fairs to apply for funding assistance Americans in the state. Insurance Portability and Account- from the federal government. The bill also would require that the ability Act and also would oversee There is no state or national vet- commission coordinate with the state Nebraska’s prescription drug monitor- eran cemetery in central Nebraska, Commission on Indian Affairs and ing protocol. Quick said, meaning that family and the state Latino American Commis- Arch said the bill would not elimi- friends of deceased veterans must sion to produce a disparity in govern- nate the duties of the state Depart- travel hours to visit gravesites, or ment contracting study on or before ment of Health and Human Services

106TH LEGISLATURE • UNICAMERAL UPDATE • PAGE 7 March 9 - 12, 2020 with respect to the PDMP or create a block grant funds, she said. tise for the state Department of Health new governing board for the health A Health and and Human Services. exchange. Human Services Howard said she eventually would “This measure will provide very Committee amend- like the four schools serving YRTC important and necessary oversight for ment, adopted 35-0, youth to be operated by the Nebraska health care data collection,” Arch said. added provisions of Department of Education. LB1188 is A Health and Human Services La Vista Sen. John the first step in that transition, she Committee amendment, adopted Arch’s LB837 to said. 45-0, would expand the board to 17 the bill. Sen. John Arch A Health and Human Services members. The amendment would require Committee amendment, adopted Lawmakers advanced LB1183 to the state Department of Health and 32-5, would require a superintendent select file on a 37-0 vote. Human Services to seek federal fund- of institutional schools to administer ing to implement a program to assist the education programming at YRTCs Child care provider residential child-care providers and and all DHHS-administered institu- background checks advance their employees with the cost of finger- tions where youth printing and national criminal history are housed. A bill that would require more Ne- record information checks. The amendment braska child care providers to undergo Lawmakers advanced LB1185 to also added the provi- a federal background check advanced select file on a 35-0 vote. sions of two other from general file March 9. bills, introduced LB1185, introduced by the Health Administrative, educational by Sen. Tony Var- and Human Services Committee, changes for youth centers gas of Omaha: Sen. Tony Vargas would amend the Child Care Licens- advance • LB1147, which would require ing Act to require that individuals who DHHS to administer daily are not required to be licensed under A bill overhauling management maintenance, minor repairs, the act but who seek to be providers and educational programing at youth custodial duties and other oper- under the federal Child Care Subsidy rehabilitation and training centers in ations at YRTCs while the state program, must submit a request for a Nebraska advanced from general file Department of Administrative national criminal history check for March 10. Services would oversee major each child care staff member. LB1188, introduced by Omaha repairs, capital improvements, Omaha Sen. Sara Howard, chair- Sen. Sara Howard, contract procurement for such person of the committee, said that would require the improvements and other facil- a bill passed last year requiring fin- Office of Juvenile ity maintenance functions that gerprinting and background checks Services to create are not the responsibility of every five years for child care providers a superintendent DHHS; and under the federal Child Care Devel- of schools position • LB1149, which would require opment Block Grant did not include to administer edu- the state Office of Juvenile Ser- unlicensed child care providers. cation for YRTCs Sen. Sara Howard vices to utilize evidence-based “LB1185 corrects that omission,” by Aug. 1, 2020, and mandate that and validated tools, programs Howard said. “These are childcare education for any juvenile committed and services. It also would providers that care for no more than to the OJS be provided by a school pro- prohibit staff from limiting three children. These unlicensed pro- gram meeting the requirements of an or prohibiting a juvenile from viders can have an agreement with the interim program school, an approved communicating with relatives Department of Health and Human school or an accredited school. as a punishment. Services to be a part of the Child Care The bill also would designate Howard said the provisions from Subsidy program.” YRTCs as interim program schools. LB1147 would clear up confusion Non-compliance with the federal The current situation is a chal- about responsibilities between state requirement could cause the state to lenge, Howard said, because school agencies overseeing YRTCs, which lose up to five percent of its federal administration is not an area of exper- compounded the crisis that led to the

PAGE 8 • UNICAMERAL UPDATE • 106TH LEGISLATURE March 9 - 12, 2020 temporary closure of YRTC Geneva af- completion of the review. Each juve- ter property was damaged by residents. nile who is placed at a YRTC would be “For example, the committee entitled to an annual review of their heard that there was confusion about placement by the juvenile court for as whether damage caused by the girls long as they remain committed. Juvenile justice omnibus bill could be repaired, or even whether The committee amendment also advanced the staff of the YRTCs could turn the incorporated provisions of four ad- water off when the sprinkler heads Senators advanced a bill from gen- ditional bills: were broken, without going through eral file March 10 that would make • LB458, sponsored by Omaha DAS,” she said. several changes to existing juvenile Sen. Steve Lathrop, which Vargas said he introduced LB1149 justice practices. would allow after learning that residents sometimes Currently, juvenile courts have the child advoca- were disciplined by not being allowed authority to commit a youth offender cy centers to contact with their families. generally to a youth rehabilitation access child “This is an unacceptable and harm- treatment center. abuse and ful correctional approach,” Vargas LB1148, sponsored by Omaha neglect in- said. “They need the support of a vestigations Sen. Tony Vargas, would require the Sen. Steve Lathrop loving voice on the other end of the juvenile court to commit a youth under review phone to do better.” specifically to either YRTC-Kearney by the state Department of Sen. Tom Brandt of Plymouth intro- or YRTC-Geneva. Health and Human Services; duced an amend- A Judiciary Committee amend- • LB906, sponsored by Ben- ment, adopted ment, adopted 33-1, would require nington Sen. 32-9, to include the Office of Juvenile Services to file Wendy De- some provisions a report with the court and give notice Boer, which of his LB1150. The of any changes in a youth offender’s would clarify proposal would al- placement. The office would be re- the process low only girls to quired to provide copies of the notice of retaining Sen. Tom Brandt be placed at the to all interested parties, including any forensic in- YRTC facility in Geneva and only boys parent or guardian of the juvenile, at terview vid- Sen. Wendy DeBoer to be placed at the facility in Kearney. least seven days before the placement. eos by child advocacy centers; It would not take effect until July 1, The proposed changes in the bill • LB969, sponsored by Omaha 2021. are intended to ensure that commit- Sen. Justin Wayne, which would “Housing girls in the same campus ments to YRTC are productive and ensure that as boys has been a struggle for every- time-limited, Vargas said, and that defendants one involved,” Brandt said. when youth are discharged, reentry are entitled Sen. John Lowe of Kearney op- to their home communities is smooth to a physi- posed Brandt’s amendment, saying and safe. cal copy of a the residential facilities in Geneva will “While we entrust our youth to the video record- not be ready by next summer. ing in which care of the state, we do so with the Sen. Justin Wayne “It cannot be done now, it probably belief that it will ultimately improve they are de- can’t be done in a year,” Lowe said. their lives and the lives of those in scribed; and “These facilities were made for less their communities,” he said. “We’ve • LB975, spon- violent individuals.” heard of too many instances where sored by Lin- Following adoption of the Brandt they’re being returned broken and that coln Sen. Su- amendment, senators advanced has to change.” zanne Geist, LB1188 to select file on a 32-4 vote. The amended bill would authorize which would the court to hold a review hearing for allow DHHS to share in- any change in placement and issue a Sen. temporary stay of such change until formation

106TH LEGISLATURE • UNICAMERAL UPDATE • PAGE 9 March 9 - 12, 2020

gathered from adult and child lage board to annex land. meeting if there is no business abuse investigations for the pur- Walz said she introduced LB1003 pending; pose of complying with other after the city of Winslow was devas- • LB885, intro- state or federal investigations. tated by last year’s flood. The town duced by Lin- Omaha Sen. Sara Howard sup- would like to move from the flood coln Sen. Kate ported the bill. She said that currently plain but cannot do so under rules Bolz, which juvenile courts have no oversight over established by the Federal Emergency would change a juvenile until YRTC staff decide to Management Agency, she said, and requirements charge the youth. Winslow faces an uncertain future if for grants un- “This really creates a challenge it cannot move. der the Civic Sen. Kate Bolz because then there’s no oversight of “This is a very specific set of cir- and Community Center Fi- the treatment of juveniles in [YRTC],” cumstances that we’re adjusting state nancing Act; Howard said. “And the court who has statute for,” Walz said. • LB957, also introduced by ultimate jurisdiction of the child has An Urban Affairs Committee Walz, which would allow a no way of knowing whether program- amendment, adopted 36-0, would add mayor of a first or second class ming is occurring or if treatment is a definition of catastrophic flooding city to be considered a member working for the child or not.” and an emergency clause to make the of the town’s city council to es- Following the adoption of two bill effective immediately upon pas- tablish a quorum if the council technical amendments, senators voted sage. It also would add the provisions consists of four members; 35-1 to advance LB1148 to select file. of eight other bills: • LB984, introduced by Omaha • LB795, in- Sen. Megan Hunt, which would troduced by require vacan- Lincoln Sen. cies on air- , port author- which would ity, metropol- amend the itan transit Omnibus municipal bill clears Enterprise Sen. Matt Hansen authority, first round Zone Act to define unemploy- land bank, Sen. Megan Hunt A bill to give certain Nebraska ment criteria; riverfront de- towns more flexibility in responding • LB799, introduced by the Ur- velopment authority and hous- to catastrophic flooding was amended ban Affairs Committee, which ing authority boards to be filled to become an omnibus municipal would make technical changes within six month after the date bill and advanced from general file to statutes covering primary of the vacancy; and March 11. class cities; • LB993, introduced by Kearney LB1003, introduced by Sen. Lynne • LB801, also introduced by the Sen. John Lowe, which would Walz of Fremont, would allow any sec- committee, which would make allow cities ond class city or vil- technical changes to the Com- with a popu- lage to annex land, munity Development Law relat- lation be- lots, tracts, streets ed to tax-increment financing; tween 10,000 or highways to re- • LB821, introduced by Sen. and 25,000 locate all or part of of Gordon, which to expand the a town because of would allow size of their Sen. John Lowe catastrophic flood- the planning city council ing, while waiving Sen. commission from five to seven members a requirement that annexed areas be of a first or under the City Manager Plan contiguous or adjacent and urban or second class of Government Act. suburban in character. city or vil- Following adoption of the commit- The bill would require a two-thirds lage to cancel tee amendment, lawmakers advanced Sen. Tom Brewer vote of either a city council or the vil- a quarterly LB1003 to select file on a 35-0 vote. n

PAGE 10 • UNICAMERAL UPDATE • 106TH LEGISLATURE March 9 - 12, 2020 How a Bill Becomes Law

106TH LEGISLATURE • UNICAMERAL UPDATE • PAGE 11 Unicameral Information Office PRESRT STD Nebraska Legislature U.S. POSTAGE PAID P.O. Box 94604 LINCOLN, NE Lincoln, NE 68509 PERMIT NO. 212 03-23-05