UNICAMERAL UPDATE Stories published daily at Update.Legislature.ne.gov Vol. 40, Issue 12 / March 20 - 23, 2017 Solitary confine- Delayed child care rate ment process adjustment advanced questioned awmakers gave embers of the Judiciary first-round ap- Committee heard testimony Lproval March 22 MMarch 22 on a bill that to a bill that would delay would make several changes to state rate changes for child Department of Correctional Services care subsidy providers. procedures for inmates in solitary The Child Care and confinement. Development Fund LB560, introduced by Columbus Market Rate Survey is Sen. Paul Schum- required by the federal acher, would pre- government. Current vent the depart- state law requires the ment from plac- state Department of ing a member of a Health and Human vulnerable popula- Services (DHHS) to tion in restrictive adjust the rates paid to housing. Vulner- Sen. Paul Schumacher child care subsidy pro- able populations would include any viders every other year inmate who is 18 years of age or based on the survey. younger, pregnant or diagnosed with LB335, introduced a serious mental illness. by Ralston Sen. Merv Riepe at the request Sen. Merv Riepe said delaying the rate adjustment would not These inmates could be temporar- harm vulnerable children and is an important component in ily placed in immediate segregation to of the governor, would balancing the state’s budget. protect staff, other inmates or inmates eliminate implementation of any rate rate from falling below the 50th per- awaiting classification as a vulnerable changes in 2017. centile, or the rate for the immediately population member. Riepe said the proposal is an impor- preceding fiscal year. Currently, the Schumacher said Nebraska has tant modification to the state’s budget rate that child care subsidy providers disproportionately high solitary con- in light of a projected shortfall. The bill receive must be between 60 and 75 finement rates compared with other would result in a “cost avoidance” of percent of the market rate. states. It is only a matter of time before approximately $7.4 million in fiscal year Krist said it is important to retain the department’s consideration of 2017-18 and $1.8 million in FY2018-19, a floor in regard to how low provider inmates’ civil rights is challenged in he said, when rates otherwise would be rates are allowed to drop. Providers court, he said. adjusted based on current law. need to know the minimum that they “We’ve been down this road several “LB335 is the first opportunity for are going to be paid, he said. times and we know where we’re at,” he this body to discuss modifications to “How would it be if you didn’t said. “[We need to] step up and try to the budget before we discuss the actual know how much money you had to do what we can to avert an inevitable le- budget,” Riepe said. deal with going into your next year?” gal challenge because we are not doing Omaha Sen. Bob Krist offered an Krist said. “I’m trying to protect those what we should to address this issue.” amendment that – for the next two fis- providers that are out there in this very The bill also would establish a cal years – would prohibit the provider critical area.” (continued page 2) (continued page 3)

INSIDE: Meet Sen. Vargas • Day care building code alignment advanced • Radon task force advanced March 20 - 23, 2017

Solitary confinement process questioned (continued from front page) procedure for an inmate to seek partment of Correctional Services, the provisions of the bill and my abil- judicial review of his or her solitary opposed the bill. He said the ability ity to safely manage our correctional confinement after spending at least to place inmates in restrictive housing facilities [if it were passed],” he said. 90 days confined in a calendar year. is a vital tool to protect the safety of “I must have the ability to place an The review would be conducted in correctional staff and inmates. Not individual that presents a significant district court in the county where the enough time has passed, Frakes said, risk in segregated housing so that I can correctional facility is located. for the benefits of reforms approved assess that risk.” Finally, the bill would redefine soli- in 2015 to come to fruition. The committee took no immediate tary confinement to include at least “I have serious concerns about action on the bill. g two hours of outside-of-cell activity. Currently, only one hour is required. State Ombudsman Marshall Lux testified in support of the bill. He said the department currently has full Committee Hearings discretion regarding which inmates are *Current hearing schedules are always available at: NebraskaLegislature.gov/calendar placed in restrictive housing. Progress has been made by the department, Lux Tuesday, March 28 said, but the goal of reforming the Revenue system’s handling of solitary confine- Room 2102 - 1:30 p.m. ment remains unmet. AM707 to LB233 “Our office has been struggling Friday, March 31 for many years to encourage the De- Nebraska Retirement Systems partment of Correctional Services to Room 1525 - 8:00 a.m. reform its practices with regard to the Appointment: DeFusco, Richard - Neb. Investment Council use of solitary confinement,” he said. • Presentation of the Neb. Investment Council Annual Report to the “Absolute discretion often leads to Nebraska Retirement Systems Committee pursuant to §72-1243(2) • Presentation of the Neb. Public Employees Retirement Systems Annual arbitrary decision making and ques- Report to the Nebraska Retirement Systems Committee pursuant to §84- tionable results.” 1503(3) g Scott Frakes, director of the De-

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PAGE 2 • UNICAMERAL UPDATE • 105TH LEGISLATURE March 20 - 23, 2017

Delayed child care rate adjustment advanced (continued from front page) Omaha Sen. John McCollister the state could be out of compliance, who rely on the child care subsidy. supported the amendment, saying it she said, which would result in the re- “This little piece of money that is imperative not to let provider rates turn of $30 million in federal funding. you’re going to get by cutting this pro- drop too low in order to ensure quality “I hate the idea of robbing Peter gram can be found somewhere else,” child care for subsidy recipients. The to pay Paul,” Howard said. “Maybe it he said. “There are actual people af- subsidy is an essential support for low- will be ok – but when $30 million is fected by the legislation that we enact.” income parents as they attempt to get on the line, maybe is hard to go on.” Lincoln Sen. Mike Hilgers op- off of public assistance, he said. Seward Sen. Mark Kolterman posed the motion, saying killing the “Maybe this is the only thing we spoke in favor of the bill and said he bill would tie the Legislature’s hands. can do at this point, but we need to supported the concept of the amend- The child care subsidy is important for recognize our commitment to these ment. He acknowledged that subsidy working families, he said, but senators children in Nebraska,” McCollister provider rates have not kept up with need to keep all options open for po- said. “It’s either pay me now or pay me market rates over the years, but said tential budget adjustments. Without later, and we’ve often been shortsight- the state’s tight budget situation re- the bill, lawmakers would not have a ed in our view and lived to regret it.” quires holding rates steady. means of addressing provider rates at Sen. Sara Howard of Omaha also “Nobody wants to do this, but it’s all, he said. supported the amendment, but op- a necessity,” Kolterman said. “At some point, this body will be posed the underlying bill. She said The Krist amendment was adopted faced with the challenge of having to that the federal government will issue on a vote of 27-14. weigh the various priorities [of state new regulations Oct. 1, 2018, which Sen. of Omaha government],” he said, noting that the will require that every child who is eli- then offered a motion to indefinitely Appropriations Committee budget gible for the subsidy be able to access postpone the bill. The amount of proposal will be up for consideration a child care provider that will accept money it would save is inconsequen- in the coming weeks. that subsidy. tial in relation to the state’s projected The Chambers motion failed on a If providers stop participating in budget deficit, he said, but the harm vote of 3-34 and LB335 advanced to the subsidy program due to low rates, caused could be devastating to those select file 31-10. g U.S. Congress contact information Senator Deb Fischer Senator Senate United States Senate 454 Russell Senate Office Building 386A Russell Senate Office Building Washington, D.C. 20510 Washington, D.C. 20510 Tel. (202) 224-6551 - Washington, D.C. Tel. (202) 224-4224 - Washington, D.C. (402) 441-4600 - Lincoln office (402) 476-1400 - Lincoln office (402) 391-3411 - Omaha office (308) 233-3677 - Kearney office (308) 234-2361 - Kearney office (402) 550-8040 - Omaha office (308) 630-2329 - Scottsbluff office (308) 632-6032 - Scottsbluff office

Congressman Jeff Fortenberry Congressman Don Bacon Congressman Adrian Smith (District 1) (District 2) (District 3) 1514 Longworth House Office Building 1516 Longworth House Office Building 320 Cannon House Office Building Washington, D.C. 20515 Washington, D.C. 20515 Washington, D.C. 20515 Tel. (202) 225-4806 - Washington, D.C. Tel. (202) 225-4155 - Washington, D.C. Tel. (202) 225-6435 - Washington, D.C. (402) 727-0888 - Fremont office (888) 221-7452 - Omaha office (308) 384-3900 - Grand Island office (402) 438-1598 - Lincoln office (308) 633-6333 - Scottsbluff office (402) 379-2064 - Norfolk office

105TH LEGISLATURE • UNICAMERAL UPDATE • PAGE 3 March 20 - 23, 2017 Meet the Senator Vargas brings drive, vision to Capitol f there is one thing Sen. Tony Vargas does not want to Omaha many times while the couple was dating, Vargas to do, it’s disappoint his mother, Lidia. As a first- knew that he could make a home here. So, when Lauren Igeneration son of Peruvian immigrants, he knows that decided to attend law school at Creighton University, a she is proud of his many achievements – but also knows new chapter in their lives began. that she doesn’t want him to rest on his laurels. A new chapter that initially lacked decent bagels and Being elected to public office is one thing, but Vargas late night pizza slices. said he knows that his mother would be incredibly disap- “Thankfully, my Omaha neighborhood is incredibly diverse pointed if he was not giving his all to his constituents or – racially, ethnically and culturally,” he said. “We’re lucky to had forgotten where he comes from. have a bustling art and music scene and many great restaurants.” Not to worry: slacking is one thing the young senator Readily embraced by his new home, Vargas was appoint- is not built for. ed to the Omaha Public School Board a year after moving A former public school teacher in Brooklyn, New York, to Nebraska. It was his first time in public office and, as Vargas was in the first generation of his family to go to college. satisfying as the work was, it sparked a desire to do more. His father Virgilio and his mother worked tirelessly to help Kids need role models, Vargas said, especially under- their three sons achieve their dreams. Oldest son Gene served represented groups. Having seen no Latinos or recent in the U.S. Navy and Charles also is a public school teacher. immigrants serving in the state Legislature, he saw a gap “What I loved most about teaching is that I was serving in perspective that he could fill. kids in the same community where I grew up,” Vargas said. Vargas plans on spending his time in Lincoln making “So, I felt like I had come full circle. Their parents reminded sure that people in his district and across the state have me of my parents, who sacrificed so much for their kids.” access to education, employment and opportunity. He If not for crossing paths with yet another school teacher, sees his teaching experience as vital training for that role. he likely still would be in New York state, where he was “One thing I learned as a teacher is that relationships born and earned his bachelor’s and master’s degrees. matter a tremendous amount,” he said. “In order to achieve Vargas met Lauren Micek, whose family is from Ne- our mutual goals, I had to build strong partnerships with braska, when she was teaching special education in New my students and I think the same principle applies at the York and he was working on education policy. Having been Legislature with my colleagues.” g

A basketball player since high school, Sen.Tony Vargas joins a youth game at the South Omaha YMCA.

PAGE 4 • UNICAMERAL UPDATE • 105TH LEGISLATURE March 20 - 23, 2017

office to conduct business for up ous changes to the to 30 months, or allows a mobile Nebraska Securi- branch to serve as a temporary ties Act. emergency branch office. Schumacher The bill also repeals obsolete sec- said state law reg- Comprehensive banking law tions of the state’s banking laws and ulating securities updates adopted includes provisions of three additional – which regulate bills: how businesses Sen. Paul Schumacher A comprehensive update of Ne- • LB196, introduced by Omaha Sen. raise money through stock sales – has braska’s banking laws was approved Joni Craig- not been systematically updated since March 23. head, which 1965. Stakeholders met monthly in Introduced by provides an order to work on the proposal, he said, Gothenburg Sen. annual up- with a goal of reducing regulatory com- Matt Williams, date of statu- plexity, encouraging capital formation LB140, makes a tory reference and enhancing investor protections. number of changes dates to align “[This bill] is an update of our secu- to the laws that state finan- Sen. Joni Craighead rity laws and hopefully it will take us govern the state’s cial institutions with their fed- into the future in a way that is consistent banking industry. Sen. Matt Williams eral counterparts; with the needs of business and also the Among other provisions, the bill: • LB454, introduced by Omaha revised federal laws that have happened • allows a minor to open and Sen. Brett over the years,” Schumacher said. maintain a safe deposit box; Lindstrom, Current law excludes from the • allows electronic filing of bank which allows securities act individuals with no fidelity bonds with the state credit unions place of business in the state who Department of Banking; in Nebraska effect transactions exclusively with • requires banks that employ a to opt out of other broker-dealers, specified types mortgage loan originator to licensing of of financial institutions and other register that employee with the its executive Sen. Brett Lindstrom institutional buyers. The bill would Nationwide Mortgage Licensing officers by the state Department add credit unions to the list of entities System; of Banking and Finance; and to which sales could be made without • allows a bank to acquire the • LB341, also introduced by Lind- triggering registration requirements. stock of another financial insti- strom, which clarifies provisions Among numerous technical chang- tution if the transaction is part relating to the license suspen- es and updates, the bill also would: of the merger, consolidation or sion or revocation of an execu- • update references to federal acquisition of assets of the other tive officer who is acting in an securities acts and regulations; institution; unsafe or unauthorized manner • authorize the director of the • authorizes an increase in the or endangering the interests of state Department of Banking maximum number of a bank stockholders or depositors. and Finance to issue a notice board of directors from 15 to LB140 passed on a 48-0 vote. of abandonment if an applicant 25 and require that a bank presi- for registration fails to respond dent be a member of the board; Security law updates advanced to a notice within 100 days; and • prohibits bank-affiliated indi- • authorize the department to viduals from being paid a higher A bill that would make updates to deny, suspend or revoke the rate of interest on deposits than security law advanced from general registration of a broker-dealer, paid by the bank for similar file March 21. issuer-dealer, agent, investment deposits and provides that a vio- LB148, sponsored by Columbus adviser or investment advisor lation is a Class IV felony; and Sen. Paul Schumacher, is based on representative if the director • allows a bank, in a state of recommendations from an interim finds that such person meets emergency, to open a temporary study in 2016 and would make numer- any one of 12 listed criteria.

105TH LEGISLATURE • UNICAMERAL UPDATE • PAGE 5 March 20 - 23, 2017

Schumacher offered an amend- proximately $294,000 in tort claims taking out of one hand while at the ment, adopted 41-0, that added provi- and a $395,000 miscellaneous claim. same time providing assistance with sions of LB187. The provisions would The miscellaneous claim would cover the other,” he said. increase from $250,000 to $750,000 the constitutionally and statutorily No one testified in opposition to the cap on proceeds from all sales of required publishing of legal notices in the bill and the committee took no securities by an issuer under a registra- newspapers across the state regarding immediate action on it. tion exemption for small offerings. the death penalty ballot measure voted The amendment would allow the on in the 2016 general election. Grants to address rural department to increase the amount Among the tort claims included housing shortage advanced in the future, which Schumacher in the bill is $103,000 for an accident said would remove the need for the that occurred Feb. 4, 2016, when a Lawmakers gave first-round ap- Legislature to take up the issue on a state employee operating a truck col- proval March 22 to a bill that would regular basis due to inflation. lided with a vehicle. In addition, three provide grant funds to communities The amendment also would specify separate accidents involving Nebraska looking to address workforce housing that a security issued through an ex- state troopers are included in the bill, shortages. empted transaction would not be with claims totaling approximately Under LB518, introduced by Go- considered a security for purposes of $275,000. thenburg Sen. Matt Williams, rural determining professional malpractice Kyle Schneweis of the Nebraska De- communities in insurance premiums. partment of Roads testified in regard counties of fewer “Hopefully, this will encourage to the bill. He said the department than 100,000 peo- our professionals in accounting and expects an amendment that would ple could apply for law and finance – particularly in rural include an approximately $2 million grant funds to build Nebraska – not to shy away from start- claim from a 2014 accident in Stanton workforce housing. ing and helping to start businesses us- County that left three people dead. The grants would ing a small issuance of equity credit,” The department was replacing and be funded by a one- Sen. Matt Williams Schumacher said. repairing stop signs and had omitted time transfer of $12 million from the The bill advanced to select file on placing a stop sign at an intersection, Affordable Housing Trust Fund by a 36-0 vote. resulting in the crash. July 1, 2017, followed by a transfer of “We’re all very disappointed in this $1 million in both 2018 and 2019. particular incident and we consider it Williams said the state enjoys a na- to be a tragedy,” Schneweis said. tionally recognized business climate, The bill also includes approxi- low rates of unemployment and a high mately $937,000 in agency write-offs quality of life. Despite having a high for fiscal year 2016-17. That amount number of job vacancies, recruiting State claims bill considered includes $792,000 in uncollectible potential employees to rural Nebraska The Business and Labor Commit- debts from the state Department of often is thwarted by a lack of afford- tee heard testimony March 20 on a Health and Human Services (DHHS). able, quality housing, he said. bill that would authorize payment of DHHS attorney David McMana- “We don’t have the same number claims against the state of Nebraska. man, testifying in regard to the bill, of housing developers in rural Nebras- If a person sues the state, he or said the majority of the cases involve ka compared with our neighbors in she files with the state claims board. individuals who were overpaid needs- Lincoln and Omaha,” Williams said. Approved claims based public benefits, which the state “[LB518] is designed to help commu- exceeding $50,000 was unable to collect due to death, nities fill job openings by expanding must be reviewed bankruptcy or a claim had exceeded housing opportunities that potential by the Legislature. the statute of limitations. employees desire.” LB171, intro- “With many of our clients – be- A Business and Labor Committee duced by Thurston cause they are in need of assistance amendment, adopted 37-0, replaced Sen. Joni Albrecht, – once the debt is out there, it’s go- the bill. It defined workforce housing would approve ap- Sen. Joni Albrecht ing to be difficult to collect without as an owner-occupied home that costs

PAGE 6 • UNICAMERAL UPDATE • 105TH LEGISLATURE March 20 - 23, 2017 no more than $275,000 to construct of Nebraska as a whole — is going to the civics portion of the naturaliza- or a rental housing unit that cost no depend on a lot more creativity and tion test used by the U.S. Bureau of more than $200,000 to construct. acceptance of the future than what Citizenship and Immigration Services Grants would be available to non- we’ve been doing so far,” he said. as a prerequisite to graduating. Brasch profit development organizations in Following the 38-0 adoption of the brought an amendment to the hearing eligible communities. The maximum Bolz amendment, senators advanced that would limit the requirement to amount awarded could not exceed the bill to select file on a 41-0 vote. public schools. $1 million to any one organization If immigrants are expected to over a two-year period and no more learn the content on the exam before than $2 million through fiscal year becoming citizens, Brasch said, then 2020-21. Eligible applicants would citizens who are born and educated provide one-to-one matching funds to here should learn it too. be considered for a grant. “My hope is that if this bill becomes Protection for teachers’ Priority would be given to com- law, it will raise a greater awareness of religious rights passed munities that have demonstrated an the need for all citizens to have at least ongoing need for housing through a Lawmakers passed a bill March some basic knowledge of our govern- housing study, a low unemployment 23 that protects the right of a public ment,” she said. “Otherwise how can rate, difficulty filling vacancies, a school teacher to wear religious dress they be an informed voter or at the demonstrated commitment to growing or garb in the classroom. very least an informed citizen who their housing markets and potential LB62, introduced by Norfolk knows their rights under our laws?” projects that could be ready for oc- Sen. Jim Scheer, Nancy Carr of Lincoln testified cupancy within two years. repeals a law pro- in support of the bill, saying that the The amended bill would create the hibiting public exam would highlight what students Rural Workforce Investment Fund, school teachers do not know about American history which would be funded by a one-time from wearing re- and government, helping teachers transfer of $10 million from the Af- ligious garments focus on those areas. She said all fordable Housing Trust Fund, a reduc- at school. School American students should be required tion of $2 million from the original boards currently Sen. Jim Scheer to know their rights and responsibili- bill’s proposed $12 million transfer. are required to suspend for one year ties under the Constitution. Lincoln Sen. Kate Bolz introduced any teacher in violation of the laws “I fear that the majority of students an amendment to further reduce the and termination of employment is at this point would not be able to pass one-time transfer to $7 million. She required after a second violation. even that very elementary exam,” Carr said a number of projects that would The bill passed 39-5. said. have been funded by Affordable Hous- Testifying in opposition to the bill ing Trust Fund grants were declined was John Bonaiuto of the Nebraska Civics education bills proposed due to a lack of available funds. Association of School Boards. He said “This amendment recognizes that The Education Committee heard Nebraska’s social studies standards some of the dollars that are contem- testimony March 20 on two bills already are designed to teach students plated in LB518 should reasonably be intended to ensure that Nebraskans to become patriots who have an intel- sent back to the Affordable Housing graduate high school with basic civic lectual understanding of the country’s Trust Fund to recognize there were knowledge and skills. founding principles. unfunded projects,” she said. As introduced by “There is nothing wrong with this Columbus Sen. Paul Schumacher Sen. Lydia Brasch test,” Bonaiuto said, “but it really supported the bill, but said the state of Bancroft, LB155 should be handled through the state must take a more proactive, creative would require Ne- board and through social studies approach to addressing workforce braska high school standards.” shortages in the future. students to answer LB14, as introduced by Omaha Sen. “Overall, the success of rural Ne- correctly 70 percent Bob Krist, also would have required braska — and maybe also the success of the questions on Sen. Lydia Brasch passing the civics portion of the Bureau

105TH LEGISLATURE • UNICAMERAL UPDATE • PAGE 7 March 20 - 23, 2017 of Citizenship and of democratic processes, among other have complied with the civil penalty Immigration Ser- activities, he said. provisions contained within LB85. vices naturalization “It’s not just knowing the informa- Finally, the NADC will produce a exam as a prereq- tion — it’s being able to communicate list of all individuals with outstand- uisite to gradua- what you understand about the infor- ing civil penalties to election filing tion. Krist brought mation,” Thomas said. officers prior to Dec. 1 each year, with an amendment to Maxwell Smith, a freshman at monthly updates through March 1 the hearing that Sen. Bob Krist Southeast High School in Lincoln, prior to a statewide primary election. instead would require the school board testified in opposition to the bill, Filing officers can request additional in each district to create a committee saying that it would weaken current updates to the list as needed. on American Civic Competence and Americanism laws. The bill passed on a 48-0 vote. Engagement, currently named the com- “We’re being taught globalist ideas, mittee on Americanism. and we’re not being taught about Consolidation of veterans’ Each new committee would ensure America,” he said. “We’re not being services advanced that the district’s social studies curricu- taught about the importance of why lum teaches and assesses foundational our country became what it was.” Lawmakers advanced a bill March knowledge in civics, history, econom- The committee took no immediate 23 that would consolidate veterans’ ics and geography. The naturalization action on the bills. services in Nebraska. exam would be included in those as- LB340, introduced by Gretna Sen. sessments, but passing it would not be John Murante on a prerequisite to graduation. behalf of the gov- Krist said the bill would update ernor, would trans- the state’s McCarthy-era American- fer all programs, ism statutes to reflect modern social services and duties studies standards. LB14 maintains Bill passed to require payment of the state Depart- local school districts’ control over cur- of penalties before candidacy ment of Health and riculum while creating a baseline for Human Services Sen. John Murante civics education that would provide The resolution of civil sanctions (DHHS) Division of Veterans’ Homes students the fundamental knowledge will be required of candidates for to the state Department of Veterans’ they need to become well-informed, public office under a bill passed by Affairs, effective July 1, 2017. engaged citizens, he said. lawmakers March 23. The bill also would create the De- “Students who have a strong foun- Under LB85, introduced by Bel- partment of Veterans’ Affairs Cash dation in the democratic values of levue Sen. Carol Fund to receive all money paid to the America’s history are in turn well- Blood, any person state by members of the Nebraska positioned to contribute to society,” with outstanding veterans’ homes. Division employees Krist said. civil penalties is- would be considered employees of the Barry Thomas, president of the sued by the Ne- Department of Veterans’ Affairs after Nebraska State Council for Social braska Account- the transition and retain their rights Studies, testified in support of the ability and Disclo- and service under the state personnel bill as amended. Foundational knowl- sure Commission Sen. Carol Blood system. edge — assessed on the immigration (NADC) is prohibited from filing for Murante said the transfer would and naturalization exam — is impor- election to public office. increase service efficiency and result in tant, Thomas said, but social studies A candidate with outstanding civil better care at the state’s four veterans’ curriculum also should ensure that penalties can file for office if they have homes, which provide skilled care and students can apply that knowledge. appealed the penalty and filed a surety assisted living services. DHHS is a large LB14 would require social studies bond in favor of the state, pending organization with diverse goals and pri- curriculum to include the discussion the appeal. orities, he said, while the department of current events and controversial is- Candidates will be required to focuses only on veterans’ issues. sues, service learning and simulations certify on the filing form that they “[This bill] works toward our com-

PAGE 8 • UNICAMERAL UPDATE • 105TH LEGISLATURE March 20 - 23, 2017 mon, shared goal of continuing to Columbus to do so just as before,” “We can use this shared holiday find ways to better serve Nebraska’s she said, “but it will also allow those that — as awkward as it might seem and veterans,” Murante said. “After our who want to recognize and celebrate despite our lingering differences and veterans have sacrificed so much for our very own Standing Bear and other animosities — can represent our ability our country, it is the least we can do leaders as a better reflection of our to grow beyond what we were,” she to assure that we serve them to the best values and history to be able to do so.” said. “Despite our many differences, of our ability.” Standing Bear, chief of the Ponca we are much more the same, as was Gordon Sen. Tom Brewer sup- tribe, successfully argued in United so eloquently stated by Chief Standing ported the bill, saying the transfer States District Court in 1879 that Bear: Our blood is the same. The same would save the state millions while Native Americans are persons under God made us.” continuing to provide veterans with the law. Pansing Brooks said the new Testifying in opposition to the bill high quality care. holiday would celebrate his story and was George Matuella, representing the “This is serving our veterans and those of other Native American leaders. Nebraska chapter of the Sons of Italy protecting our taxpayers,” Brewer said. “This day will be something in America. He said Standing Bear “This is real reform.” uniquely Nebraskan,” she said. “It will and other indigenous leaders deserve Following the 33-0 adoption of help instill in every citizen a greater to be recognized by a state holiday a technical amendment brought by understanding of our history, our but that sharing it with Columbus Murante, LB340 advanced to select culture and our common humanity Day would diminish the sailor’s ac- file on a 39-0 vote. and will further our state’s motto of complishments. equality before the law.” “I’m not comfortable with a shared Holiday proposed to recognize Larry Wright Jr., chairman of the day — I think [Standing Bear] ought indigenous leaders Ponca Tribe of Nebraska, testified in to have his own day,” Matuella said. support of the bill. He said Nebraska’s “Why share it with somebody else The Government, Military and story cannot fully be told without who [Native Americans] really don’t Veterans Affairs Committee heard tes- including the history of the Ponca care for?” timony March 23 on a bill that would Nation and of Standing Bear, one of The committee took no immediate create a new state holiday honoring the nation’s earliest civil rights figures. action on the bill. indigenous leaders. “Recognizing and honoring the de- Sponsored by Sen. Patty Pansing termination, bravery and spirit of the Brooks of Lin- Ponca tribe and other Native Ameri- coln, LB485 can tribes within the state ensures that would establish stories like that of Standing Bear and Standing Bear others who have come before us will and Indigenous not be forgotten.” Dental assistant licensure Leaders’ Day to Judi gaiashkibos, executive direc- approved honor Standing tor of the Nebraska Commission on Sen. Patty Pansing Brooks Bear and other Indian Affairs and a member of the Nebraska dental assistants have the notable indigenous leaders, including Ponca Tribe of Nebraska, also spoke option of becoming licensed under Chief Blackbird, Chief Little Priest in support of the bill as amended. She a bill given final approval March 23. and Big Eagle. said some tribal constituents are un- Introduced by Seward Sen. Mark As introduced, the bill would happy with having to share a holiday Kolterman, LB18 have replaced Columbus Day with with Columbus Day after centuries of creates a new cat- Standing Bear and Indigenous Lead- sharing the continent with European egory of licensed ers’ Day. Pansing Brooks brought an and other immigrants, often by force. dental assistant. amendment to the hearing that would However, gaiashkibos said, the com- Licensure is op- celebrate both state holidays on the promise allows Nebraskans to celebrate tional under the same day. the story of Columbus and European bill, which also cre- “This compromise will allow those migration while at the same time recog- ates the position of Sen. Mark Kolterman who want to continue to recognize nizing the people who were here first. expanded function dental assistant.

105TH LEGISLATURE • UNICAMERAL UPDATE • PAGE 9 March 20 - 23, 2017

A licensed dental assistant ap- officer or enlisted compact, a physician licensed in a plicant must be a graduate of an ac- person on active member state who meets eligibility credited dental assisting program or duty in the U.S. requirements can receive an expedited have performed a minimum of 1,500 armed forces – to license in another member state. hours of dental assisting. Passage of an obtain temporary Kolterman said 18 states have exam and completion of continuing licensure in Nebras- passed legislation to join the compact, education also are required. ka in a variety of including all of Nebraska’s neighbors Under the indirect supervision of health professions Sen. Carol Blood except Missouri. a licensed dentist, a licensed dental under the Uniform Credentialing Act. “These Midwestern states see this as assistant is authorized to perform coro- As introduced, the bill would re- an opportunity to expand our health nal polishing, take dental impressions quire a qualified individual to hold care workforce by streamlining licen- and x-rays and monitor and administer a similar and valid credential from sure while still maintaining our Medi- nitrous oxide analgesia. another jurisdiction and a temporary cal Licensure Practice Act,” he said. In addition to creating the position license would be valid for six months LB342, introduced by Bayard Sen. of licensed dental assistant, the bill and could not be renewed. Steve Erdman, would amend portions provides the option for credentialing A Health and Human Services of the state’s Nurse in expanded duties for licensed dental Committee amendment, adopted 37-0, Practice Act to al- assistants, dental hygienists and public clarified that the bill would not apply low Nebraska to health hygienists. to licensure to practice dentistry. The join the Enhanced The bill passed on a 46-0 vote and amendment also replaced the six-month Nurse Licensure becomes operative Jan. 1, 2018. duration with a provision that a tempo- Compact when it rary license would be valid for one year takes effect — ei- Acupuncture referral or until the application for a regular ther on Dec. 31, Sen. Steve Erdman requirement removed credential is approved or rejected. 2018, or when 26 states have joined. Blood said the bill deals with over 30 Nebraska currently is a member of Lawmakers passed a bill March 23 professions, including several that the the Nurse Licensure Compact, which removing a requirement that an indi- state faces a shortage of, such as mental allows nurses to have a multistate vidual receive a letter of referral from and behavioral health professionals. license with the ability to practice a medical practitioner before seeking The licensure process can be lengthy in both their home state and other services from a licensed acupuncturist. and expensive, she said, and Nebraska compact states. Under LB19, introduced by Seward should encourage individuals who al- Erdman said 25 states currently Sen. Mark Kolterman, a licensed acu- ready are licensed elsewhere to practice have enacted legislation to join the puncturist instead is required to refer a while they pursue licensure here. enhanced compact and Nebraska patient to an appropriate practitioner “[The bill] would remove hurdles needs to update its Nurse Practice Act if his or her symptoms are beyond the many military spouses encounter in order not to be left behind when training, experience or competence of when they transfer to the great state the new compact takes effect. the acupuncturist. of Nebraska,” Blood said, adding that “This will allow Nebraska to reduce LB19 passed on a 46-0 vote. it is important for Nebraska to con- the nurse shortage and allow spouses tinue to strongly identify as a military of people who move here to get li- Omnibus health licensing bill friendly state. censed and practice here,” Erdman advanced Ralston Sen. Merv Riepe, chairper- said. son of the Health and Human Services LB283, intro- A bill that would provide tempo- Committee, offered an amendment duced by Riepe, rary credentialing for military spouses that incorporated provisions of four would allow li- was amended March 23 to become an additional licensure-related bills. censed practical omnibus health care licensure bill. LB61, introduced by Seward Sen. nurses (LPNs) to LB88, introduced by Bellevue Sen. Mark Kolterman, would authorize provide intrave- Carol Blood, would allow military Nebraska to join the Interstate Medi- nous (IV) therapy Sen. Merv Riepe spouses – defined as the spouse of an cal Licensure Compact. Through the and would eliminate the Licensed

PAGE 10 • UNICAMERAL UPDATE • 105TH LEGISLATURE March 20 - 23, 2017

Practical Nurse-Certified (LPN-C) terms of addressing this issue that’s PDMP on behalf of a prescriber. Practice Act. critical for our health workforce in our Kuehn said that stakeholders Riepe said the goal of the proposal state and our economic development have continued to work on the bill’s is to integrate current LPN-C require- – to make sure that our licensure laws language since its introduction, and ments into the state’s LPN require- work well and that we get people up a number of changes would be ad- ments, eliminating the need for a and credentialed as quickly and effi- dressed in a coming amendment. separate practice act for the former. ciently as possible while still protecting Among those changes would be clari- Under the bill, an LPN could the public interest,” she said. fication of specific fields for veterinary provide IV therapy if he or she holds LB88 advanced to select file on a controlled substance reporting and a valid license issued by the state 37-0 vote. establishment of training require- Department of Health and Human ments regarding proper use and legal Services before May 1, 2016, under Prescription drug monitoring responsibilities for individuals who the Licensed Practical Nurse-Certified changes considered might access the PDMP as members Practice Act as it existed at that time. of a patient care team. An LPN also would qualify if he The Health and Human Services Joey Gaines, testifying on behalf or she graduated from an approved Committee considered a proposal of the Nebraska Veterinary Medical practical nursing program on or before March 23 that would make changes to Association, supported the bill – in May 1, 2016, and completes, within the state’s drug monitoring program. particular the proposed changes that five years of the bill’s operative date, Heartwell Sen. John Kuehn, spon- would clarify language regarding veteri- an eight-hour didactic course in IV sor of LB223, said nary reporting requirements. therapy and an approved employer- the bill would make Gaines said the proposed amend- specific IV therapy skills course. technical and pro- ment, which would delay imple- Finally, LB425, introduced by Bel- cedural changes to mentation of veterinary reporting levue Sen. Sue Crawford, would up- the law governing requirements, would allow time for a date provisions for the state’s Prescrip- pilot program before all veterinarians licensure and prac- tion Drug Moni- in the state must begin reporting to tice requirements toring Program Sen. John Kuehn the PDMP. within the current (PDMP) system, established in 2016 “In order for the PDMP to work as it Nurse Practitioner to enable prescribers and pharmacies was intended it must work for all health Practice Act. The to check for suspected abuse. care professionals who are dispensing Legislature passed Kuehn said the bill would continue prescription medications, which does a bill in 2015 that Sen. Sue Crawford to ensure successful implementation include veterinarians,” Gaines said. removed a requirement for an inte- of the PDMP in Nebraska and fur- “Veterinarians are willing to be part grated practice agreement between a ther the program’s goals of improved of the solution but we also want to nurse practitioner and a collaborating patient safety and the promotion of be sure that the information we’re physician and replaced it with a transi- information sharing and best practices providing to the state is meaningful in tion to practice agreement. among providers. addressing the issue at hand.” Crawford said technical chang- Among other provisions, the bill Kevin Conway, testifying on behalf es are required to allow the nurse would require individuals to be of the Nebraska Hospital Association, practitioners’ governing board to trained before accessing the PDMP. also supported the bill. He said the promulgate rules and regulations to Training would be conducted by the provision allowing a member of a implement the Legislature’s previous Health Information Exchange. The patient care team to access data on changes. Speaking in favor of all of bill would strengthen provisions re- behalf of a prescriber reflects the the bills included in the amendment, quiring that information transmitted original intent of the PDMP and the she said the provisions would be an to the exchange meet Health Insur- modern team approach to health care important step forward for health ance and Portability and Account- provision. licensure in the state. ability Act (HIPAA) standards. “Precluding members of a patient’s “[This is a] package of bills that The bill also would allow members treatment team from accessing the were important to the committee in of a patient care team to access the medication records creates a flawed

105TH LEGISLATURE • UNICAMERAL UPDATE • PAGE 11 March 20 - 23, 2017 system that counters the intent of the and prevent the child from being support for the feasibility study and [PDMP],” Conway said. removed from the home if possible,” the advisory group. A written report Marcia Mueting of the Nebraska Crawford said. would be delivered to the Legislature Pharmacists Association testified in The department was granted a five- in October of 2017 and 2018, and the opposition. While the association sup- year waiver to implement an alterna- pilot project would end Dec. 31, 2019. ports allowing qualified non-physician tive response pilot project in 2013, she LB298, introduced by Lincoln members access to the PDMP and the said, and lawmakers must reauthorize Sen. Roy Baker, bill’s training requirements, she said the program or risk losing federal child would rename the the primary concern was allowing welfare funding. Normalcy Task participants to have access to PDMP LB225 would expand the pilot to Force as the Ne- data through the Nebraska Health a statewide program and extend the braska Strengthen- Information Initiative (NEHII) portal. authorized use of alternative response ing Families Act NEHII participants include in- until Dec. 31, 2020. The bill also Committee under surance companies and health care would require that the mandatory eval- the Nebraska Chil- Sen. Roy Baker providers, Mueting said, and the uation of the program be presented to dren’s Commission and add a juvenile association’s research indicates that the Nebraska Children’s Commission facility representative to the committee. no other state operating a PDMP has by Nov. 15, 2018. The bill would apply provi- authorized access to insurers. DHHS would be required to pro- sions of the Nebraska Strengthen- The committee took no immediate vide regular updates to the commis- ing Families Act to children placed action on LB223. sion on challenges, barriers and oppor- in juvenile facilities and require tunities that may occur if alternative DHHS and the Office of Proba- Alternative response for response were made a permanent tion to develop a written normalcy low-risk child welfare cases program. The bill also adds child ad- plan and annual normalcy report. amended, advanced vocacy centers to the list of entities to DHHS and the Office of Proba- which the department would provide tion Administration also would be Lawmakers advanced a bill March a copy of all reports relative to a case required to establish a procedure for 23 that would extend an alternative of suspected child abuse or neglect. public dissemination of pictures and response pilot program and allow it A Health and Human Services information about a child missing to be used statewide. The bill was Committee amendment, adopted from a foster or out-of-home-place- amended to include three additional 31-0, added provisions of three ad- ment, subject to state and federal con- child welfare related measures. ditional bills. fidentiality laws. The bill also would Bellevue Sen. Sue Crawford, spon- LB297, introduced by Omaha require DHHS to develop training sor of LB225, said Sen. John McCol- for foster parents on how to recognize alternative response lister, would cre- human trafficking. allows the state De- ate the Children LB336, introduced by Ralston Sen. partment of Health and Juveniles Data Merv Riepe, would and Human Ser- Feasibility Study allow DHHS to vices (DHHS) to Advisory Group charge a fee of at provide services to as a pilot project. least $5, but not families that meet Sen. Sue Crawford The group would Sen. John McCollister more than $10, certain screening requirements and are oversee a feasibility study to identify to conduct a cen- the subject of a child abuse or neglect how existing state agency data sys- tral registry check. investigation where the risk to the tems that account for the use of all Child-placing Sen. Merv Riepe child is considered minimal. services, programs and facilities by agencies would be exempt from the “The goal of the alternative re- children and juveniles could be used fee. The bill originally would have sponse program is to provide early to establish an independent, external capped the fee at $3. intervention and services to at-risk data warehouse. Omaha Sen. Sara Howard offered families in order to strengthen the The state Foster Care Review Of- an amendment, adopted 32-1, to spec- family, protect the children from harm fice would provide administrative ify that any entity or individual that is

PAGE 12 • UNICAMERAL UPDATE • 105TH LEGISLATURE March 20 - 23, 2017 required to request a check by state law Failure to complete a sanction could Nebraska Appleseed Legal Director or a department rule or contract also result in repetition or increased dura- Robert McEwen supported the bill. would be exempt from the fee. tion of the sanction, or an entirely He said it would ensure that all par- Howard said required central new sanction. ties in a termination hearing are aware registry checks for potential foster The matrix also includes a series of the evidential rules to be applied, parents and employees of child-placing of graduated incentives to promote creating a more consistent, fair system. agencies that contract with the state compliance and positive behaviors “[LB397] will ensure a more uni- should be exempt. The potential lost for juvenile probationers. Records form and fair result at the trial court revenue would be made up by charging of incentives for each youth will be level,” McEwen said. a slightly higher fee for other registry available to the individual’s attorney Sandra Markley, representing the checks than the department originally and the county attorney upon request. Nebraska County Attorneys Associa- requested, she said. LB8 retains a probation officer’s tion, opposed the bill. Many judges Crawford said the measures would authority to file a motion to revoke informally enforce the rules of evi- represent a comprehensive update to probation in case of continued failure dence in hearings currently, she said, public policy regarding the protection to complete sanctions or new law vio- and do a good job of protecting the of Nebraska’s children. lations. It also allows for detention of due process rights of parents. Strict “Together these bills will work to an individual if he or she is deemed enforcement of the rules could disrupt strengthen our child welfare system a safety risk. a process that has worked well histori- and improve protections for our youth The bill passed on a 45-0 vote. cally, Markley said. to keep them out of foster care and “We need to keep the law as it cur- out-of-home care and provide protec- Rules of evidence proposed rently is to protect children,” she said. tions if they do land in out-of-home for parental termination “Based on my 22 years of experience, care,” she said. an immediate complication of this bill The bill advanced to select file on The Judiciary Committee heard passing is children might be forced to a 33-0 vote. testimony March 23 on a bill related testify against their parents in termina- to the termination of parental rights. tion hearings.” LB397, introduced by Omaha Sen. The committee took no immediate Justin Wayne, action on the bill. would require the application of the Bill would ban vehicular Graduated accountability for Nebraska rules of trespassing juvenile probationers approved evidence in all pa- rental termination Members of the Judiciary Com- Lawmakers passed a bill March 23 proceedings. Any mittee heard testimony March 22 on that changes how violations of juvenile evidence that would Sen. Justin Wayne a bill that would create penalties for probation terms are addressed. be considered inadmissible in a criminal entering others’ vehicles. LB8, introduced by Omaha Sen. proceeding would be prohibited in a Under LB593, introduced by Ve- Bob Krist, autho- parental rights termination hearing. nango Sen. Dan Hughes, a person rizes the Office of Wayne said terminating parental who remains in any Probation Admin- rights is a profoundly serious matter vehicle where he or istration to devel- that should be treated with the same she is not licensed op a statewide ma- seriousness as a criminal proceeding. or privileged to do trix of immediate, “The purpose of the rules of evi- so would be guilty certain and consis- dence is to make sure we have the best of criminal tres- tent sanctions for Sen. Bob Krist evidence possible,” he said. “We want passing. The tres- violations of court orders. to make sure we have the most credible pass prohibition Sen. Dan Hughes A probation violation will be evidence possible to present to judge would apply to any vehicle, aircraft, considered resolved upon a juvenile’s and jury, but we don’t hold that same watercraft or farm implement. successful completion of the sanction. standard when a parent loses a child.” Hughes said law enforcement cur-

105TH LEGISLATURE • UNICAMERAL UPDATE • PAGE 13 March 20 - 23, 2017 rently cannot intervene to protect game or has such game in his or her the property of citizens if it has been possession would be guilty of a Class taken from an unlocked vehicle. If a III misdemeanor and would be fined at police officer sees a person that is not least $50 for each animal. Additionally, a farmer carrying a John Deere toolbox Entry into wildlife management the fine for shooting at wildlife from a full of tools, for example, it would be compact advanced highway or roadway would increase from suspicious, he said. at least $100 to at least $500. “Even if officers observe an item Nebraska would work with other Bostelman spoke in support of the in an individual’s possession that they states to enforce wildlife management bill as amended. He said Nebraska is believe has been taken from a vehicle, laws under a bill advanced to select one of only two states that has not if it has not been reported as missing, it file March 22. joined the compact or is not in the cannot be seized as evidence,” he said. As introduced by the Natural Re- process of joining. “The current law allows criminals to rifle sources Committee, LB566 would “It’s time for the state to become a through vehicles, steal personal property authorize the state Game and Parks part of the compact,” he said. “It stops and damage vehicles with impunity.” Commission to join the Interstate our state from becoming a safe haven A first or second offense would be Wildlife Violator Compact on behalf of for game violators from another state.” considered a Class III misdemeanor, the state. Under the compact, a wildlife Senators voted 38-0 to advance the punishable by up to three months in officer could issue a citation for the viola- bill to select file. prison, a $500 fee or both. Any subse- tion of wildlife management laws to any quent offense would be a Class I mis- person who lives in a participating state. demeanor, punishable by up to one Sen. Dan Hughes of Venango, year in prison, a $1,000 fee or both. the committee’s McCook Police Chief Isaac Brown, chairperson, spoke representing the Police Officers Asso- in support of the Bill would eliminate many tax ciation of Nebraska, spoke in favor of bill. He said states exemptions, credits the bill. He said a person may notice participating in that their car has been rifled through, the compact also The Revenue Committee heard but unless they report a specific miss- may recognize the testimony March 22 on a bill that ing item, there is nothing law enforce- suspension of a Sen. Dan Hughes would modify or repeal several sales ment can do. person’s hunting, fishing or trapping tax exemptions, income tax deduc- “This would allow officers and license by any other participating state tions, credits and incentives. deputies to proactively intercede when as though the violation resulting in Introduced by Sen. Paul Schumach- they see individuals rifling through the suspension occurred in their state. er of Columbus, vehicles,” he said. “It would grant [law “This will help promote efficien- LB373 would ter- enforcement] the ability to effectively cies in the processing of game law minate the Build intervene on behalf of our citizens.” violations by non-state residents,” Nebraska Act, the Representing the Nebraska Crimi- Hughes said. Personal Property nal Defense Attorneys Association, Senators voted 37-0 to adopt a Tax Relief Act and Spike Eickholt opposed the bill. He committee amendment that incorpo- the Property Tax called the proposal an unnecessary rated provisions from LB635, a bill Credit Act, along Sen. Paul Schumacher over-criminalization of conduct. introduced by Sen. Bruce Bostelman with several other exemptions and “There are enough crimes in the of Brainard that would increase penal- exclusions. statutes and enough penalties avail- ties for violating certain game manage- Schumacher said he introduced able, we do not need to add anymore,” ment laws in Nebraska. the bill so the committee could review he said. “[These incidents] can easily The hunting of elk out of season the major tax exemptions, credits and be resolved and remedied if individu- would become a Class II misdemeanor, deductions the Legislature has en- als locked their car doors.” and the fine would increase from at acted or modified over the last decade. The committee took no immediate least $500 to at least $1,000 for each The bill would prohibit new ap- action on the bill. violation. Any person who illegally takes plications for the Nebraska Advantage

PAGE 14 • UNICAMERAL UPDATE • 105TH LEGISLATURE March 20 - 23, 2017

Act, the Sports Arena Facility Financ- million in income (90 returns). need the YMCAs the most and have ing Assistance Act, the Nebraska Job “It’s really, really hard to say why come to count on these programs,” Creation and Mainstreet Revitaliza- those breaks should be given,” he said. he said. tion Act and the New Markets Job Renee Fry, executive director of Dick Ludwig, speaking on behalf Growth Assistance Act. the OpenSky Policy Institute, testi- of the Nebraska chapter of the As- LB373 also would return income fied in support of the bill. She said it sociated General Contractors of tax brackets and rates to 2007 levels would close tax breaks and loopholes America, also testified in opposition. and would eliminate the requirement used by a relatively small number of He said repealing the Build Nebraska that brackets be indexed for inflation. Nebraskans. Act would cut funding for 12 major The committee should scrutinize “I would encourage [the commit- transportation infrastructure projects two exclusions in particular that appear tee] to look closely at whether this in progress or in development. to be used only by a small number of revenue can better be spent elsewhere “Any funding delay risks a project wealthy Nebraskans, Schumacher said. such as helping to address the budget being more expensive to Nebraska The bill would repeal a dividends shortfall or address concerns about taxpayers due to construction infla- and capital gains deduction that, property taxes,” Fry said. tion and potentially starting the en- according to the state Department Traci Bruckner of the Women’s vironmental [review] process all over of Revenue’s 2016 Tax Expenditure Fund of Omaha also testified in sup- again,” Ludwig said. Report, resulted in an approximate port of LB373, saying that lawmakers Scott Gubbels, executive director $21 million tax revenue loss in 2016. should consider tax provisions in ad- of Nelnet’s Innovation Hub, also op- The exclusion allows Nebraska dition to spending cuts when trying to posed LB373. He said it would elimi- residents or trusts to subtract from make up the current budget shortfall. nate many tax incentives that help taxable income the capital gains they “When we’re faced with significant attract, retain and grow businesses in receive from the sale or exchange of budget gaps as we are now, I think the state. The bill also would undo a corporation’s stock acquired while everything needs to be on the table, steps to modernize Nebraska’s tax the person worked for the company. including all the tax provisions that code, such as indexing tax brackets for In 2014, 88 percent of the exclu- we have authorized over the years,” inflation, Gubbels added. sion was claimed by taxpayers with a she said. “I believe it is prudent and wise to federal adjusted gross income (AGI) However, Bruckner said, the group periodically evaluate the effectiveness greater than $500,000, Schumacher opposes the bill’s reduction in the of tax policies implemented within said. Eighty percent was claimed by state Earned Income Tax Credit from the last decade,” he said. “However, those with an AGI of more than $1 the current 10 percent to 8 percent of there are several provisions within million. The exclusion was claimed the federal credit. She said the credit LB373 that eliminate or diminish a on approximately 740 tax returns, or is the only one in the bill aimed at lot of great work done by some of you about one-tenth of one percent of all helping low-income Nebraskans. as well as your predecessors.” Nebraska taxpayers, he added. Testifying in opposition to the bill The committee took no immediate LB373 also would eliminate a pro- was Dave Mlnarik, executive direc- action on the bill. vision that allows Nebraska residents tor of the Nebraska Sports Council. to exclude from taxation the income Mlnarik said LB373 would remove they receive from an S corporation or the sales tax exemption for fees a limited liability company that is not and admissions for certain sporting connected with Nebraska sources. The events and youth development orga- report estimates that the exclusion nizations. This would increase fees resulted in approximately $84 million for the Nebraska 150 Challenge and Streamlined road construction in lost tax revenue last year. the Cornhusker State Games, as well process advanced Eighty-five percent of this exclusion as YMCAs. was claimed by taxpayers with an AGI “A sales tax would diminish the Lawmakers gave first-round ap- of at least $1 million in 2014 (620 re- ability of the YMCAs to provide pro- proval March 21 to a bill that would turns), Schumacher said. Sixty percent grams to the underserved, low-income expedite road construction projects was claimed by those with at least $5 children, individuals and families who throughout the state.

105TH LEGISLATURE • UNICAMERAL UPDATE • PAGE 15 March 20 - 23, 2017

LB271, introduced by Lincoln thresholds for certain cities are met Sen. Mike Hilgers, would authorize and verified in state law was approved the Nebraska De- March 23. partment of Roads Under LB113, introduced by Lin- (NDOR) to as- coln Sen. Matt Hansen, all municipali- Radon task force advanced sume responsibil- ties will notify the ity to conduct envi- Senators advanced a bill March Nebraska secretary ronmental, social 22 intended to ensure radon levels of state when a pop- and economic re- are mitigated in new homes, schools, ulation threshold is Sen. Mike Hilgers views for proposed offices and other buildings. crossed. Currently, transportation projects from the U.S. LB9, introduced by Sen. Bob Krist some classifications Department of Transportation. of Omaha, would of municipalities Sen. Matt Hansen The reviews currently are con- create a task force are required to pro- ducted at the federal level under the that would de- vide notification to the governor. National Environmental Policy Act velop minimum In addition, the bill provides a (NEPA). Hilgers said the state’s as- standards for ra- mechanism for a primary class city with sumption of the federally-mandated don-resistant new a population of more than 300,000 to review process would expedite the construction in Ne- become a city of the metropolitan class. planning and development phase, braska. The stan- Sen. Bob Krist Population thresholds are met reducing pre-construction costs. dards would be designed so that they based on either the most recent federal “The bottom line impact of this could be enforced by a county, city or decennial census or the most recent legislation is we could shave off a year village as part of its local building code. revised certified count by the U.S. of the timeline for most road construc- Krist said radon — a colorless, taste- Census Bureau. tion projects in Nebraska, saving $19 less, odorless radioactive gas caused by LB113 passed 48-0. million a year,” he said. “As long as we decaying uranium in soil — is the second maintain the quality of the process, largest cause of lung cancer in the coun- Day care building code then this can be a win for everyone.” try. The proposed task force would help alignment advanced In exchange for assuming total re- ensure that radon mitigation techniques sponsibility for the review process, the are incorporated in new construction in Lawmakers advanced a bill to select NDOR would sign a limited waiver Nebraska, which has the nation’s third file March 21 intended to align the of sovereign immunity, which would highest radon levels, he said. state building code with state agency provide the state’s consent to federal “LB9 is important because it is a regulations. jurisdiction in any case concerning public health bill that moves Nebraska LB590, introduced by Bellevue compliance with and enforcement of forward to address the dangers and Sen. Sue Crawford, would bring the federal guidelines established under health risks associated with exposure state building code NEPA. to radon gas,” Krist said. occupancy classifi- Lincoln Sen. Suzanne Geist sup- The task force would provide its cations relating to ported the bill. She said the projected recommendations to the governor and in-home day cares annual savings could be reinvested and the Legislature’s Health and Human into alignment distributed to other pending projects. Services and Urban Affairs commit- with state Depart- “That money will be rolled back tees by April 15, 2018. The task force ment of Health Sen. Sue Crawford into rebuilding and improving our would disband May 1, 2018. and Human Ser- roads and bridges,” she said. “[LB271] Lawmakers voted 37-0 to advance vices (DHHS) regulations. The bill is a win for our roads, a win for our the bill to select file. also would clarify that state agencies budget and a win for our state.” may adopt and enforce regulations Senators advanced the bill to select that conflict with the building code City population clarification file on a 42-0 vote. when authorized by state law to do so. approved Crawford said the state building A bill that clarifies how population code, which was adopted most recently

PAGE 16 • UNICAMERAL UPDATE • 105TH LEGISLATURE March 20 - 23, 2017 in 2015, classifies a care facility with Unicameral Youth Legislature more than five occupants under the commercial code rather than the resi- igh school students with an Registrants are encouraged to dential code. The commercial code is interest in law, government, apply for a Speaker Greg Adams H Civic Scholarship award, which more restrictive, she said, and could leadership or public speaking are encouraged to register for the 2017 covers the full cost of admission. require in-home day care providers Unicameral Youth Legislature, Applicants must submit a short to have sprinkler systems and storm which will convene June 11-14. essay. Other $100 scholarships shelters, among other requirements. are also available. The bill would raise the number The Unicameral Youth Legislature is of occupants for a care facility to 12, a four-day legislative simulation con- The University of Nebraska– which conforms with DHHS regula- ducted at the State Capitol Building Lincoln’s Extension 4-H Youth tion for in-home child care providers. and coordinated by the Clerk’s Office Development Office coordinates “LB590 works to address the rel- of the Nebraska Legislature. Student housing and recreational activities evant conflicts between the current senators will sponsor bills, conduct for the camp as part of their Big state building code and the DHHS committee hearings, debate legisla- Red Summer Camps program. tion and discover the unique process regulations to make the requirements of the nation’s only unicameral. Registration forms can be obtained for in-home day care in our state clear from the Legislature’s Unicameral and consistent,” Crawford said. Students will learn about the inner Youth Legislature page: An Urban Affairs Committee workings of the Legislature directly www.NebraskaLegislature.gov/uyl. amendment to add an emergency from senators and staff. Bills will be clause to the bill was adopted 34-0, based on legislation considered dur- The registration deadline is May 15. which would make the bill effective ing the current legislative session. immediately upon passage. LB590 advanced from general file 39-0. g

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Learn more about bills considered by the Unicameral by logging on to www.NebraskaLegislature.gov.

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Current laws can be searched using the keyword search found below the bill search.

105TH LEGISLATURE • UNICAMERAL UPDATE • PAGE 17 March 20 - 23, 2017

Senator Contact InfoUpdated 2/6/2017

Sen. Joni Albrecht Sen. Joni Craighead Sen. Mike Hilgers Sen. Lou Ann Linehan Sen. Paul Schumacher Thurston, District 17 Omaha, District 6 Lincoln, District 21 Elkhorn, District 39 Columbus, District 22 Room 2010 Room 2107 Room 1404 Room 1117 Room 1124 (402) 471-2716 (402) 471-2714 (402) 471-2673 (402) 471-2885 (402) 471-2715 [email protected] [email protected] [email protected] [email protected] [email protected] news.legislature.ne.gov/dist17 news.legislature.ne.gov/dist06 news.legislature.ne.gov/dist21 news.legislature.ne.gov/dist39 news.legislature.ne.gov/dist22

Sen. Roy Baker Sen. Sue Crawford Sen. Robert Hilkemann Sen. John Lowe Sen. Jim Smith Lincoln, District 30 Bellevue, District 45 Omaha, District 4 Kearney, District 37 Papillion, District 14 Room 1208 Room 1016 Room 2028 Room 1528 Room 1116 (402) 471-2620 (402) 471-2615 (402) 471-2621 (402) 471-2726 (402) 471-2730 [email protected] [email protected] [email protected] [email protected] [email protected] news.legislature.ne.gov/dist30 news.legislature.ne.gov/dist45 news.legislature.ne.gov/dist04 news.legislature.ne.gov/dist37 news.legislature.ne.gov/dist14

Sen. Carol Blood Sen. Laura Ebke Sen. Sara Howard Sen. John McCollister Sen. John Stinner Bellevue, District 3 Crete, District 32 Omaha, District 9 Omaha, District 20 Gering, District 48 Room 1021 Room 1103 Room 1012 Room 1101 Room 1004 (402) 471-2627 (402) 471-2711 (402) 471-2723 (402) 471-2622 (402) 471-2802 [email protected] [email protected] [email protected] [email protected] [email protected] news.legislature.ne.gov/dist03 news.legislature.ne.gov/dist32 news.legislature.ne.gov/dist09 news.legislature.ne.gov/dist20 news.legislature.ne.gov/dist48

Sen. Kate Bolz Sen. Steve Erdman Sen. Dan Hughes Sen. Mike McDonnell Sen. Tony Vargas Lincoln, District 29 Bayard, District 47 Venango, District 44 Omaha, District 5 Omaha, District 7 Room 1015 Room 1529 Room 1210 Room 1522 Room 1000 (402) 471-2734 (402) 471-2616 (402) 471-2805 (402) 471-2710 (402) 471-2721 [email protected] [email protected] [email protected] [email protected] [email protected] news.legislature.ne.gov/dist29 news.legislature.ne.gov/dist47 news.legislature.ne.gov/dist44 news.legislature.ne.gov/dist05 news.legislature.ne.gov/dist07

Sen. Bruce Bostelman Sen. Curt Friesen Sen. Rick Kolowski Sen. Adam Morfeld Sen. Brainard, District 23 Henderson, District 34 Omaha, District 31 Lincoln, District 46 Fremont, District 15 Room 1118 Room 1110 Room 1018 Room 1008 Room 1403 (402) 471-2719 (402) 471-2630 (402) 471-2327 (402) 471-2720 (402) 471-2625 [email protected] [email protected] [email protected] [email protected] [email protected] news.legislature.ne.gov/dist23 news.legislature.ne.gov/dist34 news.legislature.ne.gov/dist31 news.legislature.ne.gov/dist46 news.legislature.ne.gov/dist15

Sen. Lydia Brasch Sen. Suzanne Geist Sen. Mark Kolterman Sen. John Murante Sen. Dan Watermeier Bancroft, District 16 Lincoln, District 25 Seward, District 24 Gretna, District 49 Syracuse, District 1 Room 1022 Room 1115 Room 2004 Room 1423 Room 2108 (402) 471-2728 (402) 471-2731 (402) 471-2756 (402) 471-2725 (402) 471-2733 [email protected] [email protected] [email protected] [email protected] [email protected] news.legislature.ne.gov/dist16 news.legislature.ne.gov/dist25 news.legislature.ne.gov/dist24 news.legislature.ne.gov/dist49 news.legislature.ne.gov/dist01

Sen. Tom Brewer Sen. Mike Groene Sen. Bob Krist Sen. Patty Pansing Brooks Sen. Justin Wayne Gordon, District 43 North Platte, District 42 Omaha, District 10 Lincoln, District 28 Omaha, District 13 Room 1202 Room 1107 Room 1114 Room 1206 Room 1212 (402) 471-2628 (402) 471-2729 (402) 471-2718 (402) 471-2633 (402) 471-2727 [email protected] [email protected] [email protected] [email protected] [email protected] news.legislature.ne.gov/dist43 news.legislature.ne.gov/dist42 news.legislature.ne.gov/dist10 news.legislature.ne.gov/dist28 news.legislature.ne.gov/dist13

Sen. Tom Briese Sen. Steve Halloran Sen. John Kuehn Sen. Dan Quick Sen. Matt Williams Albion, District 41 Hastings, District 33 Heartwell, District 38 Grand Island, District 35 Gothenburg, District 36 Room 1120 Room 1306 Room 2000 Room 1406 Room 2015 (402) 471-2631 (402) 471-2712 (402) 471-2732 (402) 471-2617 (402) 471-2642 [email protected] [email protected] [email protected] [email protected] [email protected] news.legislature.ne.gov/dist41 news.legislature.ne.gov/dist33 news.legislature.ne.gov/dist38 news.legislature.ne.gov/dist35 news.legislature.ne.gov/dist36

Sen. Ernie Chambers Sen. Matt Hansen Sen. Tyson Larson Sen. Merv Riepe Sen. Anna Wishart Omaha, District 11 Lincoln, District 26 O’Neill, District 40 Ralston, District 12 Lincoln, District 27 Room 1302 Room 1017 Room 1019 Room 1402 Room 1308 (402) 471-2612 (402) 471-2610 (402) 471-2801 (402) 471-2623 (402) 471-2632 news.legislature.ne.gov/dist11 [email protected] [email protected] [email protected] [email protected] news.legislature.ne.gov/dist26 news.legislature.ne.gov/dist40 news.legislature.ne.gov/dist12 news.legislature.ne.gov/dist27

Sen. Robert Clements Sen. Burke Harr Sen. Brett Lindstrom Sen. Jim Scheer Elmwood, District 2 Omaha, District 8 Omaha, District 18 Norfolk, District 19 Room 1523 Room 2011 Room 1401 Room 2103 (402) 471-2613 (402) 471-2722 (402) 471-2618 (402) 471-2929 [email protected] [email protected] [email protected] [email protected] news.legislature.ne.gov/dist02 news.legislature.ne.gov/dist08 news.legislature.ne.gov/dist18 news.legislature.ne.gov/dist19

PAGE 18 • UNICAMERAL UPDATE • 105TH LEGISLATURE 2017 Legislative Session*

Sun Mon Tue Wed Thu Fri Sat Sun Mon Tue Wed Thu Fri Sat January February 1 2 3 4 5 6 7 1 2 3 4 DAY 1 DAY 2 DAY 3 DAY 20 DAY 21 DAY 22 8 9 10 11 12 13 14 5 6 7 8 9 10 11 DAY 4 DAY 5 DAY 6 DAY 7 DAY 8 DAY 23 DAY 24 DAY 25 DAY 26 DAY 27 15 16 17 18 19 20 21 12 13 14 15 16 17 18 HOLIDAY DAY 9 DAY 10 DAY 11 DAY 12 DAY 28 DAY 29 DAY 30 DAY 31 RECESS 22 23 24 25 26 27 28 19 20 21 22 23 24 25 DAY 13 DAY 14 DAY 15 DAY 16 DAY 17 HOLIDAY DAY 32 DAY 33 DAY 34 DAY 35 29 30 31 26 27 28 DAY 18 DAY 19 DAY 36 DAY 37

Sun Mon Tue Wed Thu Fri Sat Sun Mon Tue Wed Thu Fri Sat March April 1 2 3 4 1 DAY 38 DAY 39 DAY 40 5 6 7 8 9 10 11 2 3 4 5 6 7 8 DAY 41 DAY 42 DAY 43 DAY 44 RECESS DAY 58 DAY 59 DAY 60 DAY 61 RECESS 12 13 14 15 16 17 18 9 10 11 12 13 14 15 DAY 45 DAY 46 DAY 47 DAY 48 DAY 49 DAY 62 DAY 63 DAY 64 DAY 65 RECESS 19 20 21 22 23 24 25 16 17 18 19 20 21 22 DAY 50 DAY 51 DAY 52 DAY 53 RECESS RECESS DAY 66 DAY 67 DAY 68 DAY 69 26 27 28 29 30 31 23 24 25 26 27 28 29 RECESS DAY 54 DAY 55 DAY 56 DAY 57 30 DAY 70 DAY 71 DAY 72 DAY 73 HOLIDAY Sun Mon Tue Wed Thu Fri Sat Sun Mon Tue Wed Thu Fri Sat May June 1 2 3 4 5 6 1 2 3

RECESS DAY 74 DAY 75 DAY 76 DAY 77 RECESS DAY 90 7 8 9 10 11 12 13 4 5 6 7 8 9 10 DAY 78 DAY 79 DAY 80 DAY 81 RECESS 14 15 16 17 18 19 20 11 12 13 14 15 16 17 DAY 82 DAY 83 DAY 84 DAY 85 RECESS 21 22 23 24 25 26 27 18 19 20 21 22 23 24 RECESS DAY 86 DAY 87 DAY 88 DAY 89 28 29 30 31 25 26 27 28 29 30 HOLIDAY RECESS RECESS

Federal & State Holidays Legislative Recess Days January 16 – Martin Luther King Jr. Day April 28 – Arbor Day February 17 May 1, 12, 19, 22, 30, 31 February 20 – Presidents’ Day May 29 – Memorial Day March 10, 24, 27 June 1 April 7, 14, 17 *The Speaker reserves the right to revise the session calendar 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