UNICAMERAL UPDATE

News published daily at Update.Legislature.ne.gov Vol. 42, Issue 6 / Feb. 11 - 14, 2019 Limitations on Sales tax hike would fund juvenile confinement proposed property tax credits, schools embers of the Judiciary Committee heard testimony MFeb. 14 on a bill that would restrict the use of room confinement for juveniles. LB230, introduced by Lincoln Sen. , would prohibit correctional facilities from placing juveniles in room confinement as a result of disciplinary sanctions, staff shortages or retaliation by staff members. The average length of a restrictive confinement at both of the state’s Youth Rehabilitative and Treatment Centers has decreased, she said, but the number of incidents at both facili- ties has increased. Sen. said a majority of the tax dollars generated by LB314 would go back to “Far too often kids are being placed Nebraskans in the form of property tax credits. in restrictive confinement because he Revenue Committee heard only way to do it is to raise revenue.” facility administrators lose patience or testimony Feb. 14 on a bill that LB314 would raise the state sales because it may be more convenient,” T would raise the state sales tax tax rate from 5.5 percent to 6 percent, she said. “[The bill] helps ensure we’re rate, end several state sales and use repeal a personal property tax exemp- keeping children and staff safe in our tax exemptions and impose a surtax tion and eliminate sales and use tax facilities while helping children reha- on high incomes to pay for additional exemptions for a number of services bilitate and become thriving members property tax credits and state aid to including motor vehicle repair, per- of our society.” public schools. sonal care services and lawn care. It The bill specifies that room con- Albion Sen. Tom Briese, sponsor also would impose state sales tax on finement could be used only after of LB314, said the bill would provide candy, soft drinks and bottled water. all other less-restrictive alternatives “immediate and substantial” property The bill would apply a 7.84 percent have been exhausted and the juvenile tax reductions and is more responsible surtax on the income tax liability of poses a serious and immediate secu- than other proposals that do not gen- those with a federal adjusted gross rity threat to themselves or others. erate additional tax revenue. income of $500,000 or more for those The length of confinement would be “As the naysayers and special filing as individuals and $250,000 or restricted to the minimum amount of interests try to pick this thing apart, more for other filers. time needed to resolve any such threat you’ve got to ask yourself: How else The bill also would raise the tax on a while not harming the mental or physi- are we going to deliver property tax pack of cigarettes from 64 cents to $2.14. cal health of the juvenile. relief Nebraskans are demanding in As introduced, LB314 would raise Confined individuals would con- a responsible way?” Briese said. “The excise taxes on the manufacture or

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INSIDE: Meet Sen. Brandt • Redistricting proposals offered • Committee hearing schedule February 11 - 14, 2019 Limitations on juvenile confinement proposed (continued from front page) tinue to have regular access to medical and mental health treatment, meals, contact with parents and legal guard- ians, legal assistance and educational programming. Notice of an offender’s placement in room confinement to their parents or guardians and attorney would be required within one business day. Dylan Murphy of Omaha spoke in support of the bill. As a young person, Murphy said he was repeatedly placed in solitary room confinement and continues to suffer from emotional issues as a result. Sen. Patty Pansing Brooks said there is overwhelming evidence showing the long-term “We know that adolescents have negative impacts of solitary confinement on juveniles. not had the life experience to gain not experience the harmful effects of long-term impacts on an adolescent’s the emotional resources and skills to long-term restrictive confinement. well-being, he said, especially consid- manage the distress caused by solitary “All youth in the juvenile justice ering many already have experienced confinement,” he said. “It took almost system should receive rehabilitative trauma. 20 years for me to stop subconsciously services for a second chance to suc- “Many are traumatized and they waiting every moment of every day for ceed,” Summers said. “[Outdated] need to know that they’re uncon- someone to lock me in a room again and inhumane practices like the use of ditionally loved,” Miller said. “It is for something they didn’t like about extended solitary confinement ... mars important juveniles have authentic me or something that I’d done.” children’s opportunity for rehabilita- relationships and that they can talk to Also supporting the bill was Juliet tion and recovery.” someone nonjudgmental when they’re Summers, representing Voices for Former Boys Town teacher Tom having a hard time.” Children in Nebraska. She said LB230 Miller also spoke in favor of the bill. The committee took no immediate would ensure that the state’s youth do Solitary confinement has devastating action on LB230. g UNICAMERAL UPDATE The Unicameral Update is a free, weekly newsletter published during the legislative session. It is produced by the Clerk of the Legislature’s Office through the Unicameral Information Office. For print subscriptions, call 402-471-2788 or email [email protected]. Visit us online at Update.Legislature.ne.gov, twitter.com/UnicamUpdate and facebook.com/UnicameralUpdate.

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PAGE 2 • UNICAMERAL UPDATE • 106TH LEGISLATURE February 11 - 14, 2019 Sales tax hike would fund property tax credits, schools (continued from front page) wholesale of beer, wine and alcohol “This means districts have had to tion. She said point-of-sale systems in and spirits. Briese said an amendment put more and more revenue demands Nebraska grocery stores are not set up would scale back that increase to address on the backs of local property owners, to identify candy, bottled water and concerns of the state’s craft brewers. The especially our ag landowners, and that soda as taxable items. Upgrades would amendment instead would impose a 3 in itself is a heavy lift, one that we need be prohibitively expensive for many percent sales surtax on alcohol. to lighten,” Moles said. small stores, Siefken said. The bill would direct additional Tiffany Friesen Milone, policy direc- “Even the expensive databases that revenue from these and other changes tor at OpenSky Policy Institute, also list taxable and nontaxable items only to the state’s property tax credit cash testified in support. She said the pro- include 50 percent of taxable prod- fund. The state Department of Rev- posal is a “fiscally responsible solution” ucts, leading retailers to a guessing enue estimates LB314 would direct an to the state’s high reliance on property game of what to tax and what not to additional $268 million to the fund in taxes to fund public schools. The bill tax,” she said. fiscal year 2019-20 and a further $654 pays for investments in property tax Also testifying in opposition was million in FY2020-21. credits and school aid by broadening Jim Engelbart, operations manager The additional revenue also would the state’s sales tax base and eliminating at Empyrean Brewing Co. and presi- be used to increase state aid to public loopholes and tax breaks for the state’s dent of the Nebraska Craft Brewers schools, Briese said. The Legislative high earners, she said. Guild. Nebraska already has a higher Fiscal Office estimates the bill would OpenSky is concerned that the excise tax on beer than any neighbor- direct an additional $81 million in al- proposed sales tax rate increase could ing state, he said, and the proposed located income taxes and $180 million disproportionately harm low- and increase would make its beer tax the in special education reimbursement moderate-income Nebraskans, Friesen highest in the country. funds to schools in FY2020-21. Milone said, but the proposed increase “In 20 years in this business,” John Hansen, president of the in the state’s earned income tax credit Engelbart said, “it would be the single Nebraska Farmers Union, testified in could offset it. biggest price increase we’ve ever had support of the bill, saying it is meant to Testifying in opposition to the bill to take as a manufacturer.” correct an imbalance in how the state was Bryan Slone, president of the Ne- Sarah Curry, policy director at funds public schools. An incremental braska Chamber of Commerce and the Platte Institute, also testified in reduction in state aid over the last 30 Industry. He said increasing sales and opposition. The Platte Institute sup- years has shifted more of that cost income taxes to reduce the state’s over- ports expanding the state’s sales tax onto property taxpayers, he said. reliance on property taxes to fund pub- base, she said, but the proposed tax “It’s time to revisit our revenue lic schools has not worked in the past. increases would hurt the state’s eco- streams,” Hansen said. “We need a To address the problem, Slone said, nomic growth. more fair and balanced tax system, we the Legislature first should reform the Additionally, Curry said, the bill need to adequately fund K-12 educa- state’s school aid formula, limit local does not include a mechanism to en- tion and we must reduce our overuse government spending, diversify the sure that local property taxing entities of property taxes.” state’s economy and enforce the collec- would reduce their property tax rates Jack Moles testified in support of tion of state sales tax by remote sellers. if it passes. LB314 on behalf of the Nebraska Ru- “The last source, from our point “Increasing tax rates as a funding ral Community Schools Association of view, should be raising new tax rev- mechanism could be especially harm- and the Nebraska Council of School enues that would have a detrimental ful without including the proper Administrators. Both groups under- economic effect and offset what we’re safeguards to assure lasting reforms,” stand that the bill is a “heavy lift,” he trying to do here,” he said. she said. said, but 175 out of 244 public school Kathy Siefken, executive director The committee took no immediate districts currently receive no state of the Nebraska Grocery Industry action on LB314. g equalization aid. Association, also testified in opposi-

106TH LEGISLATURE • UNICAMERAL UPDATE • PAGE 3 February 11 - 14, 2019 Meet the Senator Brandt brings rural issues to the Capitol en. Tom Brandt never envi- manager, knocking on doors and hiring, even his family. sioned being a politician. The walking in parades. For a man who’s “In 1982, my dad said ‘We got Sfourth-generation farmer from slapped bulls and stared down angry enough work for three people and not Plymouth was content working his rams–“I had one knock me flat one enough money for one, figure it out,’” 1,100 acres, but the misconceptions time,” Brandt said—it was a learning Brandt said. that some Nebraskans had about rural experience. He took a job as an industrial en- life bothered him. “It was a hoot,” Brandt said. “I gineer with Oscar Meyer-Louis Rich. “People that aren’t farmers have learned that if someone writes you a “I can build you a meatpacking this pastoral image in their mind,” check for $25, they’re going to tell you plant,” Brandt said. Brandt said. “We have the same what to do.” And he did so in places like Dakota amount of poverty, we have the same It wasn’t the first time he’d stepped City, West Liberty, Iowa and Amarillo, amount of kids in need in our schools, out of his comfort zone. When Brandt Texas. It was at that last stop where he but you just don’t see it. I came up graduated from the University of Ne- met Sandra Rodriguez, a native of El here to give voice to those concerns.” braska in 1982, he’d hoped to work for Paso. The two eventually married and After filing his candidacy just be- a company that manufactured agricul- moved to Nebraska. fore the deadline, Brandt took up the tural implements, but the prolonged “The first few winters were quite a unfamiliar tasks of hiring a campaign farm crisis meant virtually nobody was struggle,” Brandt said. “There’s not a lot of snow in El Paso.” The couple has two kids—Evan, who ran the family farm while Brandt was campaigning, and Mariah, who is a captain in the U.S. Air Force. She’s had tours in Afghanistan and Kuwait, and is currently on her third tour overseas. “She can’t tell me anything,” Brandt said. “If I can find where she is on Google, I can make all the assump- tions I want but she won’t confirm anything.” Brandt would love to provide op- portunities for Evan and Mariah’s generation; improving rural internet access is a must. “When you don’t have adequate broadband in rural areas, the young people are not going to move home. They need broadband to telecom- mute, to shop, to do their homework, to be entertained; it’s critical infra- structure,” he said. “I can buy a new combine that has NASA-type technol-

Sen. Tom Brandt on the family farm with wife Sandra and their children Mariah and Evan. ogy that we can’t use because we don’t have an adequate cloud.” g

PAGE 4 • UNICAMERAL UPDATE • 106TH LEGISLATURE February 11 - 14, 2019

with applicable laws and regulations, deem not significant seem to be the including the zoning regulations of a opposite, Leo added. local governing body. “In fact, I can’t imagine what could As the state’s population becomes be more significant than a change in Expanded right-to-farm farther removed from farm life, it the ownership or size … of a farm or protections considered grows less tolerant of the “dirty, smelly, public grain warehouse,” he said. sometimes not very pleasant” agricul- Anthony Schutz, a professor at the The Agriculture Committee heard ture industry, Hughes said. LB227 Nebraska College of Law, gave neutral testimony Feb. 12 on a bill that would would ensure that farmers would not testimony on the bill on his own be- expand legal protections for agricul- be vulnerable to nuisance lawsuits as half. He said nuisance lawsuits act as a tural producers under the state’s 1982 long as they operate within zoning “backdrop” that property owners can Right to Farm Act. laws and state environmental quality use to protect themselves in instances Under the act, a farm or public regulations, he said. when a regulatory authority cannot grain warehouse—a grain elevator or Jacob Mayer testified in support of consider or predict a farming opera- receptacle in which grain is held for the bill on behalf of a group of seven tion’s impact on neighbors. longer than 10 days—cannot be found agriculture organizations. The Right Schutz said LB227 as written would to be a public or private nuisance if to Farm Act protects producers against make it impossible to make such a it existed before a change in the land nuisance liability in instances when claim against an existing farming use or occupancy of land in its locality residential occupants come to a preex- operation. and would not have been a nuisance isting agricultural operation, he said, The committee took no immediate before the change. but courts have ruled that any change action on the bill. LB227, sponsored by Venango to an operation itself, no matter how Sen. Dan Hughes, would extend minor, voids those protections. Hemp regulatory plan proposed that protection to “This gap in the law has had a a farm or public deterring effect on Nebraska’s agri- The Agriculture Committee heard grain warehouse cultural industry, stagnating growth in testimony Feb. 12 on a bill that would if there is “no sig- rural communities and stoking resent- regulate the growing and handling of nificant change” ment among neighbors,” Mayer said. industrial hemp in Nebraska. in the type of op- Kristi Block, executive vice presi- Congress legalized the cultivation eration and if the dent of the Nebraska Grain and Feed and sale of hemp—defined as cannabis farm or warehouse Sen. Dan Hughes Association, also testified in support. with no more than 0.3 percent tetra- has been in operation for at least one She said grain elevators use an array of hydrocannabinol, the plant’s main year and was not a nuisance at the technologies and practices to mitigate psychoactive compound—with the time it began. noise and dust. Expanded legal protec- 2018 Farm Bill by removing it from A significant change would not tions under LB227 would encourage the federal Controlled Substances Act. include the conversion of one type public grain warehouses and other Under the federal bill, states that of farm or public grain warehouse to agricultural businesses to adopt new wish to regulate the production of another; a change in ownership or technologies that increase safety and hemp must first submit a plan to size of the operation; the enrollment, efficiency, Block said. the U.S. Department of Agriculture. reduction or cessation of participation Jonathan Leo, an environmental A plan must include a practice to of the farm or public grain warehouse lawyer and consultant in Lincoln, maintain information on where hemp in a government program; or the op- testified in opposition to the bill on is produced and procedures for con- eration’s adoption of new technology. behalf of Nebraska Interfaith Power ducting annual inspections of hemp Additionally, a farm or public grain and Light. He said LB227 would producers, testing the plants’ THC warehouse could not be found to be deprive a property owner of the right levels and destroying plants grown in a nuisance if “reasonable techniques” to sue when a farming operation un- violation of the law. are used to keep dust, noise, insects dergoes a significant change affecting Omaha Sen. Justin Wayne, spon- and odors at a minimum and the farm an owner’s enjoyment of his or her sor of LB657, said the bill is intended or public grain warehouse complies property. The changes the bill would to meet those requirements. Under

106TH LEGISLATURE • UNICAMERAL UPDATE • PAGE 5 February 11 - 14, 2019 the bill, the state Also testifying in support was John to control a student who becomes Department of Ag- Hansen, president of the Nebraska physically violent toward himself or riculture would es- Farmers Union. He said the union herself, a teacher, an administrator or tablish, operate and would prefer that the state create its own another student. Physical contact or administer a regis- plan to regulate hemp consistent with restraint also could be used to control tration program for the 2018 Farm Bill rather than wait for a student who “exhibits destructive hemp growers and the USDA to implement its own. behavior toward school property.” a licensing program Sen. Justin Wayne “There might be some additional A teacher or administrator would for processor-handlers. costs,” Hansen said, “but I think that not be subject to legal action or ad- A coming amendment would the benefits of assuming the respon- ministrative discipline if he or she was change some aspects of the bill, sibility here at the state level far out- acting in a reasonable manner. Wayne said, but the proposed regula- weigh those additional costs.” The bill defines physical restraint tory program would allow Nebraska Amelia Breinig, assistant director as “holding the hands, wrists or torso farmers and manufacturers to grow of the state Department of Agricul- of a student to control the movements and process a crop for which there is ture, gave neutral testimony on the of such student and shall not include a surging market. bill. She said the department supports the use of any mechanical device or Andrew Bish of Bish Enterprises the 2018 Farm Bill and hemp as a com- binding a student to any object.” testified in support of the bill, saying mercial product in Nebraska. Groene said case law suggests that it would give farmers an alternative The department is waiting to see teachers may use physical contact commodity crop and create jobs. Wayne’s proposed changes to LB657, short of corporal punishment to pre- His company manufactures and sells Breinig said. Any proposed regulatory serve order and control the classroom. equipment to hemp producers, Bish program would need to comply with However, many teachers fear that they said, and other Nebraska businesses federal law and include enough fund- could face legal action for physically process hemp stalks and sell milling ing for the department to carry it out, restraining a child, he said. equipment to hemp growers. she said. “We think that restraining a stu- “If Nebraska businesses are allowed No one testified in opposition to dent by holding their hands, wrists to compete in a fair and open market,” the bill and the committee took no or torso is a reasonable and sufficient he said, “Nebraska can and will be a immediate action on it. way to handle a violent classroom leader in this industry.” situation,” Groene said, “and putting Allan Jenkins, an economics pro- it into law protects those teachers for fessor at the University of Nebraska doing so.” at Kearney, also testified in support. The bill also would authorize a He said hemp cultivars, or varieties, teacher to have an administrator, can be used for a number of products, Authorized restraint, removal administrator’s designee or school including seeds and oil for human of students considered resource officer remove a disruptive consumption. That includes cannabi- student from the classroom under diol, a non-psychoactive component The Education Committee heard certain circumstances. of cannabis plants that is the subject testimony Feb. 11 on a bill that would The principal could then suspend of intense product development and give teachers legal protection for de- the student or place the student into several medical studies, Jenkins said. fending themselves and others against another classroom or in-school suspen- One of the most attractive features violent students. sion. The principal could not return of hemp, he added, is that it allows LB147, intro- the student to the teacher’s class with- small-scale cultivation. duced by North out the teacher’s consent unless the “Today an ordinary citizen has no Platte Sen. Mike return is required under the Special reasonable chance of becoming a corn Groene, would au- Education Act or Individuals with grower,” Jenkins said. “But even a few thorize a teacher or Disabilities Education Act. acres of high-CBD hemp cultivar can administrator to If the teacher does not consent to create a significant second income for “use the necessary Sen. the student’s return, the bill would re- a family.” physical contact or physical restraint” quire the teacher, the principal or the

PAGE 6 • UNICAMERAL UPDATE • 106TH LEGISLATURE February 11 - 14, 2019 principal’s designee, the student and class and unsafe practices will not solve Millard Public the student’s parent or legal guardian the behavioral and mental health cri- Schools’ Reagan to meet within two days of the removal ses many of our students experience,” Elementary. to determine the causes of the prob- Bevins said. As part of learn- lem and to develop a plan to improve Juliet Summers of Voices for Chil- ing about the leg- the student’s behavior. The principal dren in Nebraska also testified in islative process, then could readmit the student to the opposition. She said the bill would dis- students had re- teacher’s class. proportionately affect certain groups searched how a bill Sen. Maddie Fennell, executive director of students and give teachers “relative- becomes a law, Linehan said, and were of the Nebraska State Education Asso- ly unchecked discretion” for removing prepared with a suggestion when she ciation, testified in support of the bill. students from the classroom. visited their classroom late last year. She said it would clarify what teachers “Everything we know about dis- “Students were surprised to find are allowed to do when students are in parate discipline suggests that LB147 that Nebraska does not have a desig- danger of harming themselves, others would lead to more children with dis- nated state vegetable and believe the or school property. abilities and more children of color ‘cornhusker state’ should designate “It is prudent to give school person- removed unfairly from the learning corn as our state vegetable,” Linehan nel the authority to deal with disrup- environment without much recourse,” said, adding that she also would pur- tive students while also having pro- Summers said. sue having the governor do so through tections in place to ensure that those Brad Meurrens, public policy direc- a declaration. resources are being used prudently tor for Disability Rights Nebraska, also Testifying on behalf of the bill was or not disproportionately impacting testified in opposition, saying teachers the students’ teacher, Thomas Whisin- groups of students,” Fennell said. and school staff already have the au- nand. He said elementary students Kyle McGowan testified in opposi- thority to act as LB147 prescribes. He often have difficulty understanding tion to LB147 on behalf of the Ne- said the bill could result in more stu- the abstract concept of how an idea braska Council of School Administra- dent and staff injuries and contradicts from an engaged citizen can become tors, the Nebraska Rural Community many school districts’ existing restraint a legislative bill and eventually a law. Schools Association and the Nebraska and exclusion policies. Whisinnand said his students were Association of School Boards. “It could send a confusing signal inspired by a class that went through “Ultimately, none of our three to school personnel about what rules a similar process to have the orange organizations want to be on the side or protocol to follow,” Meurrens said, designated as Florida’s state fruit. His of needing more physical restraint,” he “and LB147 could persuade schools to students were excited to learn of the said. “We feel that’s the wrong part of dilute their existing restraint policies success of their efforts to have a bill the equation.” to match the legislation.” introduced in the Nebraska Legisla- McGowan said the bill would The committee took no immediate ture, he said. invert the current chain of command action on the bill. “The response was priceless,” by allowing a teacher to decide on a Whisinnand said. “Students cheered student’s removal from the classroom and clapped and some couldn’t believe instead of an administrator, reducing that their idea was actually going to be a school’s effectiveness. introduced as a bill.” Also testifying in opposition to No one testified in opposition to the bill was Katie Bevins, president Bill would designate corn as LB105 and the committee took no of the Nebraska School Psychologists state vegetable immediate action on it. Association. She said removal from the classroom is contrary to evidence- Corn would become Nebraska’s of- Redistricting bills considered based discipline strategies and can lead ficial state vegetable under a bill heard to further behavior problems and low Feb. 11 by the Executive Committee. The Executive Board considered rates of engagement for both students Elkhorn Sen. Lou Ann Linehan four proposals regarding the Legisla- and teachers. said she introduced LB105 at the ture’s redistricting process Feb. 14. “Unrestricted removals from the urging of fourth-grade students from Currently, the Legislature is respon-

106TH LEGISLATURE • UNICAMERAL UPDATE • PAGE 7 February 11 - 14, 2019 sible for drawing new governmental director receives the federal decennial would choose a chairperson who is boundaries every 10 years after the census data from the U.S. Bureau of not affiliated with any political party. decennial census for districts pertain- the Census. To be eligible for service on the ing to the U.S. House of Represen- No changes other than corrective commission, a person must be a Ne- tatives, Legislature, Public Service amendments would be allowed to the braska resident and a registered voter Commission, University of Nebraska initial version of the maps. The Legisla- who, at the time of appointment, has Board of Regents and the state Board ture would have three attempts to pass not changed political party affiliation of Education. redistricting maps. If unsuccessful, the within the previous 24 months. Redistricting will be undertaken act provides for the governor to the call Residents registered as lobbyists next in 2021. a special session within 30 days after within the previous 12 months, public LB466, introduced by Omaha adjournment of the regular legislative officials, candidates for elective office Sen. , session and the redistricting committee and those holding a state or national would adopt the would begin the process again. political party office would not be Redistricting Act. Testifying in support of all four eligible. Also ineligible would be an She said the bill measures was Danielle Conrad, ex- individual who is a relative of or em- would codify in ecutive director of ACLU Nebraska. ployed by a member of Congress, a state law the leg- Taken together, she said the bills constitutional officer or an employee islative resolution would increase citizen input, reduce of the University of Nebraska. that guided the last Sen. Sara Howard partisanship and demonstrate respect The director of the Legislative Re- redistricting process in 2011 and pro- for minority voting rights. search Office would use census data to vide consistency going forward. “We believe that each piece of assign an ideal district population to “Nebraska has never redistricted legislation helps to ensure increased each type of district and develop base the same way twice,” Howard said. transparency,” Conrad said. maps for the commission to use in Among other provisions, the act Also considered was LB253, spon- developing redistricting plans. would require that new district maps sored by Omaha The chairperson of the Executive be drawn using state-issued computer Sen. John McCol- Board then would introduce a bill for software and politically neutral crite- lister, which would each redistricting plan adopted by the ria, including: establish an Inde- commission within two days of deliv- • equal population; pendent Redistrict- ery of the final maps. The bills would • contiguous districts; ing Citizen’s Advi- be placed directly on general file. • no political affiliation data; sory Commission, Within five legislative days, if any of • no previous voting data; to be established Sen. John McCollister the bills fail, do not pass or are vetoed • deference to county and munici- by Jan. 30 of each redistricting year. by the governor, a new redistricting pal lines when appropriate; and McCollister said the proposal plan would be prepared. • only data and demographic would address concerns about improp- Matt Maly, vice chairperson of the information obtained from the erly delegating legislative authority, Libertarian Party of Nebraska, testified U.S. Bureau of the Census. which caused a similar bill to be vetoed in opposition to LB253. He said the The Redistricting Committee of by the governor in 2016. bill as written would exclude a large the Legislature would be required to “It’s up to the Legislature to make number of Nebraskans who are not hold at least one public hearing in the final decision about the six district affiliated with either the Republican each congressional district to receive maps,” he said. or Democratic parties from participa- input on the maps. The committee Each of the three legislative cau- tion in the commission. then would deliver a report on those cuses would appoint two people to “It goes against the whole idea of hearings to the Legislature. serve on the commission, with one the bill, which is to make our democ- The director of the Office of Leg- member from the party receiving the racy more strong and more fair,” he islative Research would deliver initial most votes statewide in the last general said. versions of the maps to the Legisla- election and one member from the Maly suggested simply changing ture, to be placed on general file no party receiving the second highest the membership from each caucus to later than 15 calendar days after the number of votes. Those six members one person from the majority party

PAGE 8 • UNICAMERAL UPDATE • 106TH LEGISLATURE February 11 - 14, 2019 and one who is not affiliated with that Patty Pansing Jane Polson, president of Keep Ne- party. This would capture a broader Brooks, would braska Beautiful. Polson said her sole range of Nebraskans while still fulfill- require the Uni- opposition was to the fund transfer to ing the goal of having a commission versity of Nebras- pay for the proposal. A climate action not dominated by the state’s majority ka to develop an plan is not among the narrowly-defined party, he said. evidence-based, authorized uses of the Waste Reduction Two other bills also were consid- data-driven, and Recycling Incentive Fund, she said. ered. climate change Sen. Patty Pansing Brooks In her closing statement, Pansing LB261, sponsored by Omaha Sen. strategic action plan. Brooks said she was open to exploring Wendy DeBoer, Pansing Brooks said the measure other funding sources for the bill. would require the would help Nebraska better prepare The committee took no immediate use of state-issued for the increasing effects of climate action on LB283. computer software change, including pests, soil erosion to create any map and extreme weather patterns. Thirty- that is part of the four states already have developed redistricting pro- similar plans, she said. cess. Sen. Wendy DeBoer “It is time for the state of Nebraska LB467, sponsored by Omaha Sen. to create a climate action plan,” she Home brewer bill advances , would said. “LB283 is the next step toward prohibit consider- that goal.” A bill that would allow non-licensed ation of the po- The study would be funded by a home alcohol brewers to participate in litical affiliation of transfer from the Waste Reduction certain public events advanced from registered voters, and Recycling Incentive Fund, not to general file Feb. 12. demographic infor- exceed $250,000. The bill also would LB235, introduced by Sen. Sue mation other than require that the University of Nebraska Crawford of Bellevue, would allow population figures Sen. Tony Vargas submit the action plan to the governor home brewers to and results of previous elections when and Legislature by Dec. 15, 2020. offer their prod- drawing boundaries for legislative dis- Former Sen. Ken Haar testified uct at exhibitions, tricts. Information required by federal in support of the proposal, calling festivals, tastings law or the U.S. Constitution would be climate change “global heart disease” and competitions exempted under the bill. that needs to be addressed in a timely as long as the alco- Westin Miller of Civic Nebraska way rather than ignored. hol is not for sale. testified in support of both bills, say- According to the National Oceanic Crawford said Sen. ing they would improve the integrity and Atmospheric Administration, he that Nebraska’s 11,500 home brew- of—and public trust in—the redistrict- said, the last five years are the warmest ers were allowed to participate in ing process. ever recorded in the 139 years that the such public events until 2016, when No opposition testimony was of- organization has been tracking global the state’s liquor control commission fered on LB466, LB261 or LB467 and temperatures. barred unlicensed alcohol brewers the committee took no immediate Martha Shulski, state climatolo- from public distribution. action on any of the proposals. gist and professor of applied climate Missouri and Minnesota have laws science at the University of Nebraska- similar to LB235, Crawford said, and Climate change study proposed Lincoln, also testified in support of removing the prohibition would allow the bill. She said the state should home brewers greater opportunity to A bill that would require the state act before the full impact of climate start a business. to develop a strategic action plan for change is felt in Nebraska. “Not only do these events provide adapting to and mitigating the impacts “When is the best time to plan for an opportunity to provide feedback of climate change was considered Feb. a changing climate? That time is now,” but also to bring credibility and ex- 11 by the Executive Board. Shulski said. posure as they create an avenue for LB283, introduced by Lincoln Sen. Testifying against the measure was Nebraska home brewers to compete

106TH LEGISLATURE • UNICAMERAL UPDATE • PAGE 9 February 11 - 14, 2019

on a national stage,” she said. the identity of personnel responsible for officials in Nebraska. Sen. of Bellevue sup- granting access to physical or cyber assets State senators and other statewide ported the bill, saying it was not about could be withheld. General infrastruc- constitutional officers cannot be re- alcohol but about entrepreneurship. ture location and the identity of a CEO, called, but members of city councils, “We have a very enthusiastic com- general manager, vice president or board county boards, Natural Resources munity of home brewers and we’d love member of a public entity could not be Districts and other local political sub- to see them [turn] that hobby into a withheld under the new exception. divisions can be. business,” she said. There currently are 21 items that LB415, introduced by Sen. Curt Blood added that allowing home can be withheld from disclosure under Friesen of Henderson, would end that brewers to offer their product publicly the state’s public records law, Briese practice. Friesen would bring more events and tourism said, and critical infrastructure should said he introduced to Nebraska. be added to the list. the bill because Sen. of Henderson “We live in a world of bad actors, recall attempts are said his son is a home brewer who some of whom are intent on disrupt- being made when gave away his beer at festivals until the ing our way of life,” he said. “One constituents dis- practice was deemed illegal. avenue for someone so inclined is agree with votes “These festivals are well controlled; to target our energy infrastructure, cast by a particular Sen. Curt Friesen they don’t get out of hand,” Friesen said. whether it’s our power grid, fossil fuel government official. He said recalls Senators voted 38-0 to advance infrastructure or [other assets].” should be attempted only when an of- LB235 to select file. Lincoln Sen. said he fice holder is incompetent, has broken understood the bill’s intentions, but the law or otherwise failed to carry out questioned both the need to duplicate his or her duties. federal exceptions in state law and the Not all recalls are successful, Fri- broad nature of the personnel exemp- esen said, but he noted that the mayor tions. Hilgers said he would be willing of York and a Hamilton County com- to work on altering the language be- missioner recently were removed from Critical infrastructure public fore the next round of debate. office via recall petition. In both cases, records bill clears first round “I’m not supportive of that language he said, the elected official was ousted as it’s currently drafted,” he said. for decisions they had made that were Lawmakers gave first-round ap- Sen. Mike Groene of North Platte difficult or unpopular. proval Feb. 14 to a bill intended to echoed those concerns, saying infor- Friesen said he worries that the protect information related to critical mation regarding the workings of increasing number of recalls could infrastructure in Nebraska. government should be available to scare away candidates or cause board Current law allows for withholding members of the public who pay for members not to compromise. certain information from disclosure government to operate. “Why would I work with you when under Nebraska’s public records “I’m a huge supporter of trans- I can just get rid of you with a recall?” law. LB16, sponsored by Albion parency,” Groene said. “I own that Friesen said. Sen. Tom Briese, [information]. I am a citizen.” No one testified in favor of LB415. would incorporate Briese agreed to take senators’ Kent Bernbeck of Elkhorn testified terms and defini- concerns into consideration before against the bill. Bernbeck said he has tions from federal select file and lawmakers voted 38-0 been involved in recall efforts and that regulations in or- to advance LB16. they keep elected officials accountable. der to add physical “Nobody likes a recall. Especially and cyber assets of Bill would end recall petitions in a small town; it makes neighbors critical energy or Sen. Tom Briese uncomfortable around other neigh- electric infrastructure, if the disclosure The Government, Military and bors at the coffee shop,” Bernbeck would threaten national security, pub- Veterans Affairs Committee heard said. “But I think they are important lic health or safety. testimony Feb. 13 on a bill to end the because, from time to time, someone Under this provision, disclosure of petition process to recall elected public steps out of line or [an office holder’s]

PAGE 10 • UNICAMERAL UPDATE • 106TH LEGISLATURE February 11 - 14, 2019 polices are just so far off of what the Changes to dental hygienist see a dentist. Dental hygienists could voters thought they’d be.” licensure sought help to fill that need, he said. The committee took no immediate Testifying against the bill was Mark action on the bill. The Health and Human Services Hinrichs, President of the Nebraska Committee heard testimony on a bill Dental Association. He said dental work Feb. 14 meant to address a shortage performed outside of a dentist’s office, of dental care providers in rural areas. without proper equipment, is risky. LB312, introduced by Blair Sen. “You can’t treat [gum] disease in Ben Hansen, would allow licensed someone’s home,” he said. dental hygienists Hinrichs added that the 3,000-hour to perform residen- requirement is proper for adult dental Patient safety fund bill advances tial care through a care and should not be removed. Legislators advanced a bill Feb. 12 home-health agen- The committee took no immediate that would fund enhanced safety train- cy or hospice ser- action on LB312. ing for medical professionals. vice. The bill also LB25, introduced by Sen. Mark would eliminate a Changes sought for prescription Sen. Ben Hansen Kolterman of Seward, would impose requirement that a drug monitoring program biennial fees of dental hygienist have 3,000 hours of $50 for physicians clinical experience to treat adults un- The Health and Human Services and osteopathic supervised in a public health setting. Committee considered a bill Feb. 13 physicians and $20 There currently is no clinical-hour that would make several changes to for physician assis- requirement to treat children. a state program designed to combat tants. Those fees Hansen said 53 Nebraska counties, opioid addiction. would be imposed mostly rural, are federally designated LB556, intro- through 2025, and Sen. as service-shortage areas, with 22 hav- duced by Sen. Sara would generate an estimated $566,820 ing no practicing dental hygienists. Howard of Oma- every two years, Kolterman said. “There is a need for expanded ha, would amend The bill would create the Patient care across Nebraska,” Hansen said. the Prescription Safety Cash Fund to receive the cre- “Authorizing dental hygienists to do Drug Monitoring dentialing fees, which would be used what they’re trained to do is good Program to do the Sen. Sara Howard solely to support patient safety activities public policy.” following: conducted by the Nebraska Coalition Heather Hessheimer of the Ne- • allow for interstate data sharing of Patient Safety. braska Dental Hygienists Association with other state prescription Kolterman said that the coalition testified in favor of the bill. She said drug monitoring programs; has received no state money since the number of dentists per capita in • allow for highly regulated shar- it was formed in 2005. That lack of Nebraska has declined in the past 10 ing of de-identified prescription funding has limited the coalition’s years, and many nursing homes and as- data for research purposes; effectiveness, he said. sisted living centers do not have a den- • add requirements for prescription The Heartland Health Research tist on staff. Those factors contribute and identifying data to be col- Institute estimated in 2016 that be- to gaps in coverage, Hessheimer said. lected to aid in patient matching tween 590 and 2,620 Nebraskans die “Oral health is integral to overall and medication reconciliation; each year from medical malpractice, health, yet those who need dental care • give non-statutory flexibility to Kolterman said. the most are often the least likely to the state Department of Health “With greater funding, the NCPS receive it,” she said. and Human Services in collabora- will be able to work more diligently to Jeremy Eschliman of the Two Riv- tion with the PDMP in altering make preventable deaths much rarer,” ers Public Health Department also data collection provisions; and he said. testified in favor of the bill. He said • allow Medicaid managed care Senators voted 33-0 to advance that in some areas of the state, patients organizations and Nebraska Med- LB25 to select file. must drive up to an hour-and-a-half to icaid officials access to the PDMP.

106TH LEGISLATURE • UNICAMERAL UPDATE • PAGE 11 February 11 - 14, 2019

The bill contains an emergency of Seward, would: walk out as patients,” Brock said. clause and would take effect immedi- • create a three-day license for Laura Ebke of the Platte Institute ately upon passage. a “guest body artist” enabling testified against LB607. She said that Howard said every state except Mis- him or her to work at a licensed adding a license requirement for souri has a prescription drug monitor- tattoo establishment or under a natural nail manicures could create a ing program, but Nebraska’s is one of licensed body artist; barrier to entry into a low-wage profes- the few that does not communicate • create the position of nail tech- sion. She asked if there weren’t better with programs elsewhere. nology apprentice and allow solutions to unsanitary salons. “They’re most effective when they’re an apprentice to work under a “Can some of these concerns be ad- talking to each other,” Howard said. licensed nail technologist; dressed through inspections of places Kevin Borcher, director of the state • update the definition of cos- of business rather than through the PDMP, spoke in support of the bill. In metic tattooing; licensing of those who may be working 2018, the program collected 31 million • add “natural nail” treatment— there?” Ebke said. prescription records, Borcher said, mak- work done on a person’s nails The committee took no immediate ing it the most comprehensive database without adding to the nail—to action on LB607. in the country. Although successful, he the definition of manicuring; and said, the program needs improvement. • allow the Board of Cosmetol- “LB556 helps to align the Nebraska ogy, Electrology, Esthetics, Nail PDMP with federal policy and in- Technology and Body Art to creases the capabilities of the PDMP,” administer licensing exams in Borcher said. multiple languages. Diversion, ignition interlock Alex Dworak testified in favor of Kolterman said the bill was intend- suggested for DUI offenses the bill on behalf of the Nebraska ed to update state law at the request of Medical Association. He said it would the Board of Cosmetology, Electrology, Members of the Judiciary Commit- improve patient outcomes and cut Esthetics, Nail Technology and Body tee heard testimony Feb. 13 on two down on time spent searching records. Art. The guest body artist designation bills proposing alternative penalties Dworak, who practices in Omaha, said would allow for out-of-state tattoo art- for certain driving under the influence he has access to Iowa’s PDMP but ac- ists to come to Nebraska, he said. offenses. cessing it requires time that could be “This is important as it will allow Under LB500, introduced by Lin- better spent with patients. our state to host body art conven- coln Sen. Adam “Patients are mobile, and for those tions,” Kolterman said. Morfeld, a person of us practicing along the borders of Testifying in favor of the bill was convicted of a first our state, it can be very difficult to Pam Rowland, a licensed nail techni- DUI offense would know what our patients are getting [in cian. She said nail technology has the be eligible to par- other states],” Dworak said. highest risk to public safety in cosme- ticipate in a pretrial No one testified against the bill tology and that Nebraska is the only diversion program. and the committee took no immediate state that does not license natural nail Not every per- Sen. action on it. manicures and pedicures. son charged with a DUI will be offered Rowland said she’s been called as diversion, Morfeld said, but the bill Changes sought for nail an expert witness in two lawsuits in would give prosecutors the discretion technology, body art which the plaintiffs suffered serious to implement such a program. infections at a nail salon. “The decision of whether or not to The Health and Human Services “I don’t want to be called again,” have a diversion program would be up Committee heard testimony Feb. 14 Rowland said. to [county] prosecutors,” he said. “This on a bill that would make several Lincoln attorney Tony Brock also just removes the blanket statutory ban changes to state law regulating nail testified in favor of the bill. He said to allow them to do so, if they wish.” technology and tattoo artists. cases of injury and infection at nail Lancaster County Public Defender Among other provisions, LB607, salons are rising. Joe Nigro testified in support of the introduced by Sen. Mark Kolterman “They walk in as customers and bill. Traditional sentencing guidelines

PAGE 12 • UNICAMERAL UPDATE • 106TH LEGISLATURE February 11 - 14, 2019

for a first offense do not alleviate the vehicle from starting if the driver has , underlying cause of the crime, he said. a blood-alcohol level of .03 or higher. would prohibit a “Those with a drinking problem Quick said ignition interlocks are an peace officer who receive nothing to address it,” Nigro important tool to help those who have is actively employed said. “They could receive treatment in committed DUI offenses to receive by a law enforce- a diversion program that would lessen treatment and turn their lives around. ment agency from the chance that they get arrested for “These devices provide a control on serving as a school DUI again.” offenders as a way to ensure that if they resource officer. Sen. Ernie Chambers Jennifer Thomas, assistant director drive, they’re not drinking,” he said. School resource officer programs of Sarpy County Diversion Services, “It allows people to be employed and disproportionately impact students also supported the bill. The program live a productive, lawful life after con- of color and those with disabilities, has been serving residents since 1976, viction so that they do not reoffend.” Chambers said, creating the same she said, and was grandfathered in Justin Kalemkiarian, representing “toxic, discriminatory impact” found when the Legislature instituted a ban the Nebraska Criminal Defense At- in society at large. on diversion for first offenses. torneys Association, spoke in favor “It is counterproductive to the The Sarpy County diversion pro- of LB579. Currently, a person with purpose and goals of education and its gram has served over 1,400 people a fifth offense DUI without injuries processes, to convert conduct that in charged with a first offense DUI since could be eligible for an ignition inter- the past was handled within the school 2014, Thomas said, the majority of lock, he said, but someone convicted context, into a basis for arrest and en- whom were under 30. of a first DUI that causes serious tanglement in the court system with the “Diversion can play a critical role bodily injury would not be eligible. possibility of being locked up,” he said. in achieving better public safety and “This would allow people, once re- The bill’s provisions would not ap- halt such dangerous behavior,” she leased from incarceration, to reintegrate ply to a peace officer responding to a said. “We believe with people being themselves to go back to being good, safety threat at a school or providing this young, we have a chance to change productive citizens,” Kalemkiarian said. security for an extracurricular event. their behaviors with education, guid- Michelle Weber, representing the Rose Godinez, representing the ance and support.” Nebraska County Attorneys Asso- ACLU of Nebraska, spoke in favor of Opposing the measure was Jessica ciation, also supported the bill. The the bill. Diverse communities tend to Kerkhofs, representing the Lincoln Centers for Disease Control and Pre- have more school resources officers, city attorney’s office. The national vention found that use of an ignition she said, which leads to a dispropor- trend has been to enhance DUI penal- interlock device reduces recidivism by tionate impact on students of color. ties, not relax them, she said. 70 percent, she said. “While adding police officers in “DUI is a 100 percent preventable “This bill would simply allow for schools may be well intentioned, edu- offense,” Kerkhofs said. “Just because more instances of ignition interlock use cators and policymakers are overlook- the worst possible result doesn’t occur, and allow options for DUI with serious ing the harmful and disparate educa- does not make the offense any less bodily injuries, making it consistent tional impacts that harsh discipline ... contemptable.” with other DUI offenses,” Weber said. can have [on students],” Godinez said. Members also heard testimony on No one testified in opposition to “LB589 ends the routine policing of LB579, introduced LB579 and the committee took no school which criminalizes everyday by Grand Island immediate action on either bill. behaviors.” Sen. , Hastings Chief of Police Adam which would al- Bill would ban police as school Story opposed the bill. LB589 would low a person con- resource officers have a significant and negative im- victed of a DUI pact on the safety and education of that caused serious Police officers no longer would students in Nebraska schools, he said. bodily injury to Sen. Dan Quick have a regular presence in Nebraska “Within our nation there has been continue driving with the use of an schools under a bill considered by the a dramatic increase in recent years with ignition interlock device. Judiciary Committee Feb. 14. tragic events in schools,” Story said. Ignition interlock devices prevent a LB589, introduced by Omaha Sen. “Being present within our schools helps

106TH LEGISLATURE • UNICAMERAL UPDATE • PAGE 13 February 11 - 14, 2019 us to prevent [these events] and take over which it has jurisdiction—water time of his or her death and there is immediate action to ensure the safety rights for irrigation, power or other no designated beneficiary on file, the of our students and staff.” useful purposes—optional rather than spouse married to the member on the The committee took no immediate mandatory. date of the member’s death would be action on the bill. “This change is offered as a pro- the beneficiary. spective measure to avoid unnecessary If the member is not married on rules and regulations that simply repeat the date of his or her death and there the language of any statutes that may is no surviving designated beneficiary already prescribe how the provisions on file, the benefit would be paid to are to be implemented,” Moser said. the member’s estate. Natural resources rulemaking Senators voted 42-0 to advance the Jason Hayes, representing the Ne- changes advance bill to select file. braska State Education Association, testified in support of the bill. Failing A bill that would change rulemak- to designate a beneficiary can nega- ing requirements for the state Depart- tively impact families, he said. ment of Natural Resources advanced “This can result in delayed benefit from general file Feb. 13. payments or higher levels of taxation LB319, sponsored by Columbus for the deceased member’s family,” Sen. Mike Moser, Spouse would be default Hayes said. would repeal a re- retirement beneficiary Also testifying in support was quirement that the John Antonich, executive director of department send The surviving spouse of a deceased the Nebraska Association of Public county, city and vil- Nebraska retirement system member Employees. He said the clarification lage clerks notice of would be considered the default ben- would benefit all state employees. hearings regarding eficiary under a bill considered Feb. 12 “LB565 will not only make things floodplain manage- Sen. Mike Moser by the Nebraska Retirement Systems more clear,” he said, “but also will help ment rules and regulations via mail. Committee. the stability of the surviving spouse.” The bill also would make two Lincoln Sen. No one testified in opposition to changes to department rulemaking said she the bill and the committee took no requirements. introduced LB565 immediate action on it. The department currently is re- after learning of a quired to adopt and promulgate rules woman in her dis- and regulations regarding the alloca- trict who struggled tion and expenditure of money from to collect her de- Sen. Kate Bolz the Water Resources Trust Fund, ceased husband’s retirement benefits. which holds state and federal funds “Her experience illustrated a small Special public hearing on used to pay for the management and gap in our retirement policy,” she said. property tax hikes advanced protection of the state’s groundwater. “If a beneficiary is not designated [for Moser said current rules and regula- whatever reason] there can be conse- Lawmakers gave first-round ap- tions limit use of the fund to a federal quences for surviving family members.” proval Feb. 11 to a bill that would program in which the department no Bolz said the bill would clarify that require political subdivisions such as longer participates. LB319 would allow when a beneficiary is not designated in counties and school districts to hold the department to determine whether the state, county or school retirement a public hearing before collecting ad- it will use the residual balance in the plans, benefits would go to the surviv- ditional property taxes generated by fund through statute or through a new ing spouse. This already is the case valuation increases. rule or regulation. in other Nebraska retirement system Under LB103, as introduced by LB319 also would make the de- plans, she said. Elkhorn Sen. Lou Ann Linehan, if the partment’s adoption of rules and Under the bill, if a member of the annual assessment of property within regulations governing the matters retirement system is married at the a political subdivision would result in

PAGE 14 • UNICAMERAL UPDATE • 106TH LEGISLATURE February 11 - 14, 2019 an increase in the erty taxes, he said, but it would make Nebraska residents may exclude the total amount of the process of setting a property tax portion of their S corporation or LLC taxes levied using request more transparent. income not derived from or connected the previous year’s “A good board member who has to Nebraska sources. tax levy, the levy done their job is going to justify that LB276, introduced by Omaha would decrease so they have to raise taxes,” he said. Sen. John McCol- that the political Bayard Sen. also sup- lister, would end subdivision’s prop- Sen. Lou Ann Linehan ported the bill. A board’s annual bud- the exclusion in erty tax request is no more than in the get hearing might draw little public 2020. It also would previous year. interest, he said, but a hearing notice require Nebraska If the governing body wishes to that specifies a proposed tax increase residents who are increase its property tax request, it would get more attention. shareholders of an could do so only after holding a public “That will stir people’s curiosity to S corporation or Sen. John McCollister hearing called for that purpose and show up and share their opinions,” members of an LLC to include their by passing a resolution or ordinance. Erdman said. share of the business’ federal income Linehan said she has heard from Sen. Mark Kolterman of Seward in their Nebraska taxable income. many Nebraskans who are confused supported the committee amendment McCollister said Nebraska’s tax and angry when they see their property but opposed the bill. He said every system is “out of balance.” He said it taxes increase after a tax rate cut. public board member understands that would be appropriate to review the “It’s very confusing,” she said, “and if property valuations increase but the exclusion, which was passed into law I think this just makes [the process] levy stays the same, the amount of taxes in 1987, along with several bills intro- much clearer.” collected will increase. Another hearing duced this session that are designed A Revenue Committee amend- would be redundant, Kolterman said. to reduce property taxes. ment, adopted 35-1, would replace “We’re supposed to be cutting back The state Department of Revenue the bill. The amendment still would on what we do as government,” he estimates LB276 would increase state require a community college, county, said, “and now we’re forcing people income tax revenue by $85.6 million educational service unit, learning com- to have one more hearing.” in fiscal year 2020-21 and $87.3 mil- munity, municipality, natural resources Senators voted 35-2 to advance the lion in FY2021-22. district, sanitary and improvement bill to select file. Renee Fry, executive director of the district or school district to adjust its OpenSky Policy Institute, testified in levy in response to valuation changes Repeal of tax exclusion for non- support of the bill. She said the exclusion so that the current year’s property tax Nebraska income proposed is a “significant deviation” from neutral request does not exceed the prior year’s. tax policy that primarily benefits high- The amendment would require The Revenue Committee heard income Nebraskans and has not been notice to be published in a newspaper testimony Feb. 13 on a bill that would shown to attract or retain businesses. of general circulation at least five days end an exclusion allowing owners of “I know that you have all privately before the hearing. A political subdivi- passthrough companies to avoid pay- been told that people will leave Ne- sion with a budget of no more than ing Nebraska income tax on business braska if the provision goes away,” Fry $10,000 per year or $20,000 every two income derived from sources outside said, “but if their primary objective years could instead post the notice at the state. was tax avoidance, they would have al- the governing body’s headquarters. The provision applies to corpora- ready moved to a no-income-tax state.” The hearing notice would include tions formed under subchapter S of Stacy Watson testified in opposition the percentage increase or decrease in the Internal Revenue Code, also called to the bill on behalf of the Omaha and valuation, property tax rate and total S corporations, and limited liability Lincoln chambers of commerce. She operating budget from the prior year companies. Income from these com- said Nebraska’s exclusion, which is to the current year. panies is passed through to the owner meant to ensure that the state taxes busi- Sen. Curt Friesen of Henderson and is taxed on the owner’s individual ness entities such as passthroughs and supported the amendment and the income tax filings. C corporations in the same way, may be bill. LB103 would not reduce prop- Under the current state tax code, unique. However, Watson said, seven or

106TH LEGISLATURE • UNICAMERAL UPDATE • PAGE 15 February 11 - 14, 2019 eight other states use different methods torcycle or moped riders to wear a senting the Nebraska Medical Asso- to achieve the same result of only taxing protective helmet. LB378, introduced ciation, opposed the bill. One of his their share of business income. by Blair Sen. Ben patients broke both legs and arms in Also testifying in opposition was Hansen, instead a motorcycle accident, he said, but Michael Cassling, CEO of an Omaha- would give riders did not suffer a traumatic brain injury based medical imaging company. He 21 and older the because he was wearing a helmet. said eliminating the exclusion not only option to wear no “I remember distinctly his dad would encourage his business and oth- helmet, but would holding the helmet, which was caved ers to move to other states but would require that eye in on the left side,” Bruggeman said. discourage startups from locating in protection be used. Sen. Ben Hansen “That indicates to me what would Nebraska. Many out-of-state motorcycle riders have happened to his skull, had he “LB276 would be a loss of people, avoid Nebraska because of the helmet not been wearing his helmet.” it would be a loss of jobs and it would requirement, Hansen said. Lawmakers Patrick Lange of Cozad also testi- be a loss of revenue for the state of should lift the [requirement], Hansen fied in opposition. Lange said his wife Nebraska,” Cassling said. said, and open up the state to the eco- was killed and he suffered permanent Bryan Slone, president of the Ne- nomic boom that would result from neurological damage when the couple braska Chamber of Commerce and increased motorcycle traffic. was involved in a motorcycle accident Industry, also testified in opposition. “The core issue is whether riding while not wearing helmets. He agreed that LB276 would deter without a helmet creates danger on the Lange said that while he cannot the small businesses and startups road,” he said. “It is about whether or know whether choosing to wear a Nebraska needs to grow its economy. not forcing riders to ride with a helmet helmet would have saved his wife’s “We need to be in the business of at- infringes on their personal freedom life, he is happy that his sons will not tracting these businesses,” he said. “This and individual liberty.” have to make that choice. legislation goes the other direction.” Former senator , “I’m grateful I live in Nebraska be- Adam Thimmesch, a professor at the who offered similar proposals during cause my sons ride motorcycles and I Nebraska College of Law, gave neutral his time in the Legislature, spoke in know they have no choice but to have testimony on the bill on his own behalf. support of the bill. Freedom is a pre- a helmet on,” Lange said. He said Nebraska’s exclusion is “highly, cious commodity, he said, that, once The committee took no immediate highly unusual among states.” The vast lost, is nearly impossible to regain. action on the bill. majority of states tax residents on in- “We could gain revenue, tour- come derived from outside sources and ism and respect from other states,” One-call licensing require- then give them credits on taxes they pay Bloomfield said. “The most important ments, dispute resolution to other states, Thimmesch said. thing we can gain is the restoration of board proposed The committee took no immediate one freedom that the government has action on the bill. removed from a small minority [who] A bill that would make changes to not many people care or think about.” the One-Call Notification System Act John Ross of Bancroft also sup- was considered by members of the ported LB378. The bill protects young Transportation and Telecommunica- riders, he said, many of whom do not tions Committee Feb. 11. completely understand the risks of Great Plains One-Call Service is a riding motorcycles on the highway. system used by excavators to identify Repeal of helmet law considered “With this law—no matter whose and locate underground facilities prior fault the accident was—our youth to excavation to protect the facilities A proposal to repeal the state’s would have the protection of ap- from damage. A notice to the service motorcycle helmet requirement was proved protective helmets,” Ross said. center is required prior to performing considered by the Transportation “Adults, however, should have a choice an excavation. and Telecommunications Committee in how much risk they want to take in Among other provisions, LB462, Feb. 12. their lives.” introduced by Henderson Sen. Curt Current state law requires all mo- Dr. Nicholas Bruggeman, repre- Friesen, would create a dispute reso-

PAGE 16 • UNICAMERAL UPDATE • 106TH LEGISLATURE February 11 - 14, 2019 lution board to financial burden on us and compa- between the DMV, county treasurers hear disputes be- nies like us who already train their and owners of transporter plates,” tween excavators locators,” Preister said. “It also would Bostelman said. and operators re- eliminate the flexibility to move The bill advanced to select file on garding damage our workforce across state lines [as a 38-0 vote. to underground needed].” facilities caused Kristen Gottschalk, representing by excavation. Sen. Curt Friesen the Nebraska Rural Electric Asso- Friesen said the proposed process ciation, also opposed LB462. She would be more efficient and cost effec- suggested that companies with propri- tive than the current practice of filing etary training programs be able to be Bill would mandate statewide complaints with the state attorney certified with the state and avoid the building code general. additional level of licensure. “We feel those disputes could have “Electric utilities who own, operate A bill heard Feb. 12 by the Urban been solved at the lower level,” he and maintain their distribution and Affairs Committee would make the said. “Most times, it was just a mat- transmission lines are well trained in state’s building code the default code ter of being able to document what using the equipment to locate and for municipalities. happened.” identify where our facilities are,” Gott- Currently, the state building code Upon completion of a hearing, the schalk said. “The training process we only applies to state-owned buildings board would send its recommendation have in place would probably meet or and buildings in political subdivisions to the state fire marshal, who would exceed anything set by the bill.” that have adopted the state code. issue a liability determination. The committee took no immediate LB96, introduced by Omaha Sen. Brad Wegner, representing the Na- action on the LB462. Justin Wayne, would make the state tional Utility Contractors Association building code appli- of Nebraska, spoke in support of the Transporter plate change cable in any county, bill. He said resolving disputes cur- advanced city or village that rently can take as long as 18 months. does not adopt a “LB462 is going to improve the Lawmakers gave first-round ap- building code with- system,” Wegner said. “This is an proval Feb. 13 to a bill that would in two years of an effective way for us to improve our change a record retention law for update to the state enforcement and get a ruling in a transporter plates. building code. Sen. Justin Wayne quick manner.” Currently, an applicant for a trans- “Large portions of the state literally The bill also would require all per- porter plate must keep records as- have no building code,” Wayne said. sons locating underground facilities to sociated with the transport of a Steve Nordhues, a building official be licensed by the state fire marshal, motor vehicle or with the city of Norfolk, testified in who would be tasked with developing trailer for six years. favor of the bill. He said the bill didn’t minimum training standards and issu- LB699, introduced go far enough regarding enforcement of ing licenses. A locator license could be by Brainard Sen. codes, but that it was a good first step. suspended or revoked for wrongdoing , “It gives a homeowner a legal docu- or a failure to act. would decrease ment that they can take to an attorney Opposing the bill was Steve Pre- this time period and say, ‘Look, the [construction com- ister, representing the United States to three years. Sen. Bruce Bostelman pany] didn’t build it right,’ ” Nordhues Infrastructure Corporation. Most Bostelman said the original law was said. “We have citizens that aren’t get- private companies already train their written to mirror the six-year retention ting that minimum standard.” locators, he said, making state licen- requirement of the state Department Jennifer Taylor, an Omaha assistant sure unnecessary and an impediment of Motor Vehicles. That requirement city attorney, also spoke in favor of to business. has since changed, he said. the bill. She said that municipalities “We believe the licensing require- “This is a simple bill that harmo- that adopt the state code currently are ment not only will impose an added nizes requirements for record keeping required to update their building code

106TH LEGISLATURE • UNICAMERAL UPDATE • PAGE 17 February 11 - 14, 2019

within two years of state adoption. was Mark Versch, a retired environ- “If you’re a town of under 2,500, LB96 would make sure cities address mental health analyst. He said radon you have a blank check. You can use that requirement, she said. often enters a home’s basement as wa- [Local Option Municipal Economic “We have been somewhat remiss ter vapor is released from the ground. Development Act] funds for any busi- in complying with this requirement,” “If you have a humidity problem, ness you deem proper,” Groene said. Taylor said, adding that the city has inadvertently, you have a radon prob- As introduced, LB160 would formed a committee to develop its own lem,” he said. require a qualifying early childhood building codes. No one testified against LB130 and education program to meet at least the No one testified against LB96 and the committee took no immediate step three level of quality as defined the committee took no immediate action on it. by the Step Up to Quality Child Care action on it. Act. Groene, along with Sens. Joni Al- Early childhood development brecht of Thurston and Steve Erdman Radon mitigation standard bill advances of Bayard, raised concerns about the proposed Local tax revenue could be used provision as overly restrictive. for early childhood development in- An amendment introduced by Sen. The state’s building code would frastructure under a bill advanced to Justin Wayne of Omaha eliminated adopt standards for radon resistant select file Feb. 13. the requirement on a 33-0 vote. Sena- construction for new houses under a LB160, introduced by Sen. Dan tors then advanced the amended bill bill considered Feb. 12 by the Urban Quick of Grand 31-0. Affairs Committee. Island, would ex- LB130, intro- pand the Local Building code update considered duced by Omaha Option Munici- Sen. Wendy De- pal Economic De- The Urban Affairs Committee Boer, would adopt velopment Act, heard testimony Feb. 12 on a bill that standards recom- which was passed would update Nebraska’s building mended by the Ra- in 1991. The act Sen. Dan Quick code. don Resistant New Sen. Wendy DeBoer allows first- and second-class cities and Sen. Dan Quick of Grand Island Construction Task Force. villages to use local tax dollars for eco- introduced LB348, which would The bill would incorporate those nomic development projects through adopt the 2018 version of the Inter- standards into the state building code voter-approved grants and loans. national Building Code, International and require local building codes to LB160 would add early childhood Residential Code and the Internation- adopt minimum standards. development infrastructure to the al Existing Building Code as published “Radon is the leading cause of lung law’s scope. Current approved uses by the International Code Council. cancer among nonsmokers,” DeBoer include low-income housing and work- Currently, Nebraska is using the 2012 said. “According to the World Health force relocation incentives. edition of the ICC codes. Organization, there is no known Quick called LB160 a logical exten- “It will make things safer for people threshold concentration below which sion of the existing law, and said it who live in homes and in apartments,” radon exposure presents no risk.” would help businesses recruit workers Quick said. Jenny Steventon of the Sarpy/Cass whose children need access to child Quick said that the state build- Health Department testified in favor care. ing code only applies to state-owned of the bill. Sixty percent of the 90,000 “I think this bill is a great example buildings and buildings in political homes tested in Nebraska had levels of of local control, and another option subdivisions that have adopted the radon suggesting mitigation, she said. for our communities to provide quality state building code. Other cities and “Nebraska’s fertile soils emit ra- early child care,” he said. counties are required to “conform don, resulting in Nebraska having Sen. Mike Groene of North Platte generally,” he said. one of the highest average level of said the bill is unnecessary for towns The bill retains an exemption from radon homes in the United States,” of fewer than 2,500 residents, which a mandate that one- and two-family Steventon said. he said already have the authority to houses have fire sprinklers, Quick Also testifying in favor of the bill achieve the bill’s aims. said.

PAGE 18 • UNICAMERAL UPDATE • 106TH LEGISLATURE February 11 - 14, 2019

Steve Nordhues, a building official American Institute of Architects, also effects of natural disasters are a critical with the city of Norfolk, testified in testified in favor of LB348. He said component of the 2018 codes. favor of the bill. He said the current updating the code periodically makes “It reduces the need for public code is “obsolete,” and added that a any changes less dramatic. disaster aid,” Holtzclaw said. “Across number of construction organizations “It is important to keep the codes the country, for every dollar spent in are in favor of updating the code. current. They are updated for good upgrading to the 2018 code resulted “Senators, this is the bill you’ve reasons,” he said. in an $11 cost mitigation.” been waiting for,” he said. “It is the Also testifying in favor of the bill No one testified against LB348 and easiest ‘yes’ you’ll get.” was engineer David Holtzclaw. He the committee took no immediate ac- Dave Johnson, representing the said new guidelines on mitigating the tion on it. g

How a Bill Becomes Law

106TH LEGISLATURE • UNICAMERAL UPDATE • PAGE 19 February 11 - 14, 2019 Committee Hearings Current hearing schedules are available at: NebraskaLegislature.gov/calendar Tuesday, Feb. 19 and necessity for a telecommunications protest procedures for certain state Agriculture company contracts for services Room 1524 - 1:30 PM LB617 (Hilgers) Change provisions LB594 (Blood) Provide for a deceptive of the Nebraska Telecommunications Health & Human Services trade practice relating to meat under the Regulation Act Room 1510 - 1:00 PM Uniform Deceptive Trade Practices Act LB693 (Halloran) Prohibit the selling, Division of Medicaid and Long Term LR13 (Murman) Urge federal agencies renting, or conveying of telephone Care Briefing of the U.S. Government responsible for numbers food labeling to establish and enforce Health & Human Services standards for nomenclature of plant- Urban Affairs Room 1510 - 1:30 PM based imitation milk and dairy food Room 1510 - 1:30 PM LB716 (Hilkemann) Create the Medicaid products LB424 (Quick) Change the Nebraska Cost and Quality Data and Analysis LB729 (Walz) Adopt the Soil Health and Municipal Land Bank Act Center of Nebraska Productivity Incentive Act LB136 (Wayne) Adopt the Density LB726 (Walz) Require a protocol for Bonus and Inclusionary Housing Act individuals eligible for medical parole to Banking, Commerce & Insurance LB87 (Wayne) Provide funding in apply for medical assistance Room 1507 - 1:30 PM opportunity zones designated pursuant LB274 (M. Hansen) Change provisions to federal law Judiciary relating to stacking of coverage under LB234 (Wayne) Provide requirements for Warner Chamber - 1:30 PM the Uninsured and Underinsured payment of claims by cities and villages LB240 (M. Hansen) Change procedures Motorist Insurance Coverage Act LB68 (M. Hansen) Change provisions of for determining competency to stand trial LB370 (McCollister) Change motor the Business Improvement District Act LB510 (McCollister) Change applicability vehicle liability insurance and financial as prescribed of Sex Offender Registration Act to responsibility requirements LB197 (Urban Affairs) Provide a certain out-ofstate juvenile adjudications LB672 (Clements) Change provisions of procedure for detachment of real LB548 (Howard) Prohibit restraining the Motor Vehicle Registration Act relating property from the corporate limits of animals during certain disasters or to a named driver insurance policy a city or village and eliminate existing weather events detachment provisions LB553 (Clements) Require reasonable Education accommodation for a person with a Room 1525 - 1:30 PM Wednesday, Feb. 20 disability to have an assistance animal LB161 (Erdman) Eliminate learning Executive Board in a dwelling as prescribed communities Room 1525 - 12:00 PM LB649 (Wayne) Eliminate a termination LB398 (DeBoer) Change learning LB313 (Bolz) Provide the office of date relating to the Medical Cannabidiol community levy and diversity plan Inspector General of the Nebraska Pilot Study requirements Correctional System with oversight LB659 (Wayne) Remove cannabidiol LB728 (Walz) Provide duties relating to authority over regional centers from list of controlled substances school meals LB330 (Bolz) Change the administra- LB727 (Walz) Provide duties for school tion, duties, membership, purpose, Natural Resources districts, the State Department of and reports of the Nebraska Children’s Room 1525 - 1:30 PM Education, and the Department of Commission Appointment: Lana S. Arrowsmith - Health & Human Services with respect LB596 (Quick) Adopt the Office of Niobrara Council to mental health services Inspector General of Nebraska Public LB368 (Hughes) Eliminate Health overappropriated river basins, Transportation & Telecommunications subbasins, and reaches Warner Chamber - 1:30 PM Government, Military & Veterans Affairs LB550 (Vargas) Require voter approval Room 1507 - 1:30 PM Revenue of fees and taxes on wireless services LB151 (Brewer) Adopt the Government Room 1524 - 1:30 PM and eliminate the Prepaid Wireless Neutrality in Contracting Act LB615 (Hilgers) Reduce income tax Surcharge Act LB99 (Wayne) Change requirements of rates and provide for certain transfers LB641 (McDonnell) Provide for grants the Prompt Payment Act from the Cash Reserve Fund under the Telecommunication Relay LB452 (Clements) Change boundaries LB661 (Friesen) Change income tax System Act for a 211 Information and of Nebraska planning and development provisions and the distribution of Referral Network regions and provide a procedure for a certain income tax revenue LB268 (Friesen) Change provisions county to move to an adjacent region LB664 (Friesen) Provide for certain relating to a certificate of convenience LB21 (Kolterman) Provide formal income tax deductions Amendment: AM268 to LB288

PAGE 20 • UNICAMERAL UPDATE • 106TH LEGISLATURE February 11 - 14, 2019 Committee Hearings Current hearing schedules are available at: NebraskaLegislature.gov/calendar Thursday, Feb. 21 Natural Resources preferred drug list under the Medical Government, Military & Veterans Affairs Room 1525 - 1:30 PM Assistance Act Room 1507 - 1:30 PM Appointments: Dallas D. Dodson; LB498 (Wishart) Provide for medical LB9 (Blood) Prohibit cities, counties, Jason D. Appelt - Niobrara Council assistance coverage of family planning and villages from taxing or regulating LB46 (Chambers) Eliminate provisions services as prescribed distributed ledger technology relating to the hunting of mountain lions LB337 (Stinner) Require report of Judiciary federal receipts with the annual state Revenue Warner Chamber - 1:30 PM budget report Room 1524 - 1:30 PM Appointment: Robert W. Twiss - Board LB386 (Erdman) Change provisions LB444 (McDonnell) Provide a of Parole relating to cash reserves under the homestead exemption for certain LB43 (Bolz) Adopt the Sexual Assault Nebraska Budget Act dwelling complexes Survivors’ Bill of Rights Act LB609 (La Grone) Provide for LB420 (Bolz) Adopt the Property Tax LB249 (Howard) Change the statute of reimbursement of actual costs of a Circuit Breaker Act limitations for civil actions arising from rental vehicle by county and local LB530 (Groene) Change the valuation a sexual assault governments of agricultural land and horticultural LB516 (Pansing Brooks) Change LB273 (M. Hansen) Provide a restricted land for property tax purposes provisions relating to child abuse, the funds budget limitation as prescribed LB663 (Friesen) Change provisions Child Protection and Family Safety Act, for certain political subdivisions relating to Nebraska adjusted basis human trafficking, and child welfare LB483 (Erdman) Change the valuation of services Health & Human Services agricultural land and horticultural land LB532 (Cavanaugh) Change provisions Room 1510 - 1:30 PM relating to harassment protection orders, LB260 (B. Hansen) Change provisions Friday, Feb. 22 sexual assault protection orders, and relating to medicaid recovery audit Executive Board domestic abuse protection orders contractors Room 1525 - 12:00 PM LB680 (DeBoer) Adopt the Uniform Civil LB423 (Howard) Change and eliminate LB631 (Morfeld) Create the Medicaid Remedies for Unauthorized Disclosure provisions relating to school-based Expansion Implementation Task Force of Intimate Images Act health centers under the Medical LR15 (Pansing Brooks) Provide the Assistance Act Executive Board of the Legislative Revenue LB439 (Crawford) Require coverage for Council appoint a special committee to Room 1524 - 1:30 PM chiropractic services under the Medical be known as the Workforce Development LB187 (Lindstrom) Change the Sports Assistance Act Committee of the Legislature Arena Facility Financing Assistance Act LB242 (Lindstrom) Adopt the Infra- Judiciary Government, Military & Veterans Affairs structure Improvement and Replace- Warner Chamber - 1:30 PM Room 1507 - 1:30 PM ment Assistance Act and provide for a LB421 (Hilgers) Adopt the Asbestos LB342 (La Grone) Change election turnback of state sales tax revenue Trust Claims Transparency Act provisions for the board of metropolitan LB218 (Lindstrom) Redefine tangible LB474 (Dorn) Change provisions utilities districts personal property and gross receipts relating to claims against the state for LB101 (Wayne) Change provisions of for tax purposes wrongful incarceration and conviction the Nebraska Political Accountability LB236 (Crawford) Change access to LB514 (Morfeld) Change bad check and Disclosure Act relating to a sales and use tax information with provisions to include obtaining child potential conflict of interest by an respect to the Nebraska Advantage support credit and spousal support elected office holder of certain cities or Transformational Tourism and credit villages or a school district Redevelopment Act LB533 (Cavanaugh) Change LB175 (Chambers) Change provisions LB237 (Crawford) Change provisions terminology related to marriage regarding candidate committee funds relating to sales and use tax collection LB593 (Briese) Change and eliminate LB618 (Hilgers) Change provisions fees provisions relating to medical relating to electioneering assistance reimbursement claims and Tuesday, Feb. 26 liens and provide for retroactivity Health & Human Services Agriculture LB621 (Kolowski) Change provisions Room 1510 - 1:30 PM Room 1524 - 1:30 PM relating to solar energy and wind Appointment: Michael Allen Sitorius - LB201 (McCollister) Prohibit certain energy, declare certain instruments void Neb. Rural Health Advisory Commission unlawful acts as prescribed relating to and unenforceable, and provide for a LB554 (Wishart) Change provisions the Weights and Measures Act civil cause of action relating to prescription drugs not on the LB229 (Groene) Prohibit certain

106TH LEGISLATURE • UNICAMERAL UPDATE • PAGE 21 February 11 - 14, 2019 Committee Hearings Current hearing schedules are available at: NebraskaLegislature.gov/calendar unlawful acts as prescribed under the and permits for common and contract LB331 (Bolz) Change provisions relating Weights and Measures Act motor carriers and provide a permit to the Board of Parole, the Department LB157 (Brewer) Provide for voluntary process for regulated motor carriers of Correctional Services, and the Office registration, duties for the Department LB51 (Vargas) Change license of Probation Administration of Agriculture, and a cause of action applications, prohibited acts, and LB365 (Crawford) Adopt the Health under the Nebraska Apiary Act franchise restrictions under the Motor Care Directives Registry Act LB382 (Geist) Change the Dog and Cat Vehicle Industry Regulation Act LB739 (Vargas) Change procedures Purchase Protection Act LB366 (Bostelman) Change registration and requirements for use of restrictive fee for alternative fuel-powered motor housing of inmates Appropriations vehicles Room 1003 - 1:30 PM LB698 (Bostelman) Change load Thursday Feb. 28 LB293 (Speaker Scheer) Provide, provisions and penalties for commercial Health & Human Services change, and eliminate provisions motor vehicles and commercial trailers Room 1510 - 1:00 PM relating to appropriations LB325 (Bostelman) Provide for motor Division of Developmental Disabilities LB294 (Speaker Scheer) Appropriate vehicle tax exemptions for one Briefing funds for the expenses of Nebraska hundred percent service-connected State Government for the biennium disability compensation rated veterans Health & Human Services ending June 30, 2021 and dependency and indemnity Room 1510 - 1:30 PM LB295 (Speaker Scheer) Appropriate compensation recipients LB323 (Crawford) Change eligibility funds for salaries of members of the provisions under the Medical Assistance Legislature Urban Affairs Act for certain disabled persons LB296 (Speaker Scheer) Appropriate Room 1510 - 1:30 PM LB570 (Walz) Change provisions funds for salaries of constitutional officers LB492 (Wayne) Adopt the Regional relating to an advisory committee and LB297 (Speaker Scheer) Appropriate Metropolitan Transit Authority Act a strategic plan for services for persons funds for capital construction and LB476 (McCollister) Eliminate a sunset with disabilities property acquisition provision relating to certain retail sales LB540 (Walz) Eliminate the termination LB298 (Speaker Scheer) Repeal funds of natural gas by a metropolitan utilities date of a developmental disability service and authorize, provide, change, and district eliminate fund transfer provisions LB574 (Brewer) Change a provision Judiciary LB299 (Speaker Scheer) Change Cash relating to regular meetings of a Warner Chamber - 1:30 PM Reserve Fund provisions metropolitan utilities district LB54 (Lowe) Change provisions relating LB445 (McDonnell) Require a city of the to carrying a concealed weapon Banking, Commerce & Insurance metropolitan class to provide an annual LB58 (Morfeld) Adopt the Extreme Risk Room 1507 - 1:30 PM budget report relating to use of any Protection Order Act LB603 (Lindstrom) Change automatic occupation tax levied and collected LB198 (Halloran) Change provisions teller machine fees relating to use of a deadly weapon to LB407 (Lindstrom) Grant in-state credit Wednesday, Feb. 27 commit a felony and prohibit use of a unions powers of out-of-state credit Health & Human Services facsimile firearm to commit a felony unions as prescribed Room 1510 - 1:30 PM LB343 (Halloran) Adopt the School LB453 (Clements) Provide for hearings LB220 (Wishart) Change provisions Safety Rapid Response Option Act and on credit union membership expansion regarding vending facility programs in authorize schools to allow employees applications state buildings for blind vendors to carry concealed handguns LB248 (Howard) Change terminology LB275 (M. Hansen) Require notification Education relating to hearing-impaired persons when persons prohibited by state Room 1525 - 1:30 PM or federal law attempt to obtain a LB675 (Groene) Change provisions Judiciary handgun purchase permit or concealed relating to education Warner Chamber - 1:30 PM handgun permit LB346 (Wishart) Change special LB133 (Pansing Brooks) Change LB582 (Brewer) Change provisions education reimbursements provisions relating to structured relating to possession of a stolen firearm LB165 (Hunt) Adopt the Too Young to programming and deferral of parole Suspend Act LB262 (DeBoer) Change membership Friday, March 1 and duties of long-term restrictive Health & Human Services Transportation & Telecommunications housing work group Warner Chamber - 1:30 PM Room 1510 - 1:30 PM LB286 (McCollister) Create the LB468 (Walz) Prohibit additional LB461 (Friesen) Eliminate certificates Coordinated Reentry Council of public convenience and necessity services and populations under the

PAGE 22 • UNICAMERAL UPDATE • 106TH LEGISLATURE February 11 - 14, 2019 Committee Hearings Current hearing schedules are available at: NebraskaLegislature.gov/calendar medicaid managed care program and tenant provisions relating to LB571 (Walz) Provide for a data base continuances and rental deposits of grievance procedures from assisted- LB433 (M. Hansen) Change provisions living facilities relating to return of tenant’s deposits LB597 (Walz) Require reporting of and damages incidents and development of policies LB434 (M. Hansen) Change landlord for assistedliving facilities and tenant provisions relating to three- day notice to quit and to create a right Judiciary of redemption for tenants Warner Chamber - 1:30 PM LB435 (M. Hansen) Change provisions Appointments: Michelle Schindler; relating to retaliatory conduct by a Shawn Eatherton; Thomas Parker - landlord Crime Victims Reparations Committee LB689 (Cavanaugh) Prohibit LB395 (M. Hansen) Change landlord’s discrimination by a seller or landlord on power of possession provisions in the basis of sexual orientation, gender cases of domestic violence identity, or citizenship status in any real LB396 (M. Hansen) Change landlord estate transaction or lease g Public Hearings

ublic hearings on bills The weekly schedule of com- Hearing Committee Meeting typically are held in mittee hearings is published the afternoons during on the last legislative day of Room Days theP first half of the legislative the week throughout the leg- 1524 (B) Agriculture Tu session. Committees have islative session. The schedule 1003 (A) Appropriations M, Tu, W, regularly scheduled rooms is available on a table in front Th, F and meeting days, although of the Clerk’s Office, in the they sometimes meet in Sunday editions of the Lincoln 1507 (E) Banking, Commerce M, Tu different rooms at varying Journal Star and the Omaha & Insurance times in order to accommo- World-Herald, in the weekly 1524 (B) Business & Labor M date testifiers or large audi- Unicameral Update and at ences. www.nebraskalegislature.gov. 1525 (C) Education M, Tu 1510 (D) General Affairs M 1507 (E) Government, Military W, Th, F First Floor Second Floor & Veterans Affairs 1510 (D) Health & Human W, Th, F A Services

B D Warner Judiciary W, Th, F (F) N F 1525 (C) Natural Resources W, Th, F C E 1507 (E) Nebraska (at call of Retirement Systems Chair) 1524 (B) Revenue W, Th, F Warner Transportation & M, Tu * Hearing rooms labeled by letter – see chart at right (F) Telecommunications 1510 (D) Urban Affairs Tu

106TH LEGISLATURE • UNICAMERAL UPDATE • PAGE 23 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

The colors were posted Feb. 12 by the Nebraska Department of the Sons of Union Veterans of the Civil War in recognition of the 210th anniversary of the birth of Abraham Lincoln.