Vol. XXXIV, No. 14 UNICAMERAL April 5-8, 2011

THE LEGISLATURE’S WEEKLY NEWS PUBLICATION Stories published daily at update.legislature.ne.gov UPDATE Senators advance state aid to schools enators advanced a bill April $13 million in total funding from funding provisions. An Education 6 that would revise the state the current fiscal year to the next. Committee amendment replaced the Said formula for K-12 edu- York Sen. Greg Adams introduced original provisions of the bill and cation, resulting in a decrease of LB235, the bill containing state aid would provide schools $822 million for fiscal year 2011-12 and $880 for FY2012-13. The use of federal stimulus funds last biennium brought total state aid to $950 million for FY2010-11, but those were one-time funds. The state’s 251 school districts are all different, Adams said, but the cuts to state aid needed to be fair. “When you are going to reduce state aid by the amount we are doing here, you cannot nibble around the edges,” Adams said. “There are only a few mechanisms you can go to that will get the numbers down.” As amended, LB235 would: • allow school districts with un- used budget authority to spend (continued on page 2) Sen. Greg Adams (left) responds to a question from Sen. Rich Pahls about state aid to schools. Sales tax turnback for sewer projects advanced fter extensive debate this week, the amount of state sales tax collected systems collect stormwater and sewage lawmakers narrowly advanced from increased fees and charges to in the same pipe. While most of the A a bill from general file April complete combined sewer overflow, wastewater is transported to a sewage 7 that would offer state assistance to natural gas and water projects. treatment plant, wet weather events municipalities undergoing combined A Revenue Committee amend- can increase the volume of wastewater, sewer overflow projects. ment, adopted 34-0, restricted the exceeding the capacity of the sewer sys- LB682, introduced by Omaha Sen. scope of the bill to combined sewer tem or treatment plant. Consequently, , originally would have overflow projects undertaken as part combined sewer systems are designed offered state assistance to finance the of a long-term control plan approved to overflow occasionally and discharge construction, acquisition or improve- by the state Department of Environ- excess wastewater to rivers and streams. ment of sewer, natural gas and water mental Quality. The committee amendment also cast-iron infrastructure. Assistance According to the Environmental would require cities to dedicate any would have been calculated based on Protection Agency, combined sewer increased local option sales tax rev- (continued on page 3)

INSIDE: Commutation bill for juveniles serving life sentences stalls • Meet Sen. Burke Harr April 5 - 8, 2011 A CLOSER LOOK Senators advance state aid to schools (continued from front page) 2 percent of their prior year expenditures; • eliminate the allowable growth rate for FY2011- 12 and increase the rate to 0.5 percent in FY2012-13; • eliminate the additional percentage in the cost growth factor; • set the local effort rate to $1.0395 for FY2011- 12 and FY2012-13; • reduce the averaging adjustment and needs stabilization thresholds by 5 percent for FY2011-12; • reduce the allocated income tax by $21 million for FY2011-12 and FY2012-13; • expand the comparison groups by 10 larger and 10 smaller districts; and • subtract property tax refunds from district resources beginning with FY2012-13. Sen. Ken Haar (left) discusses LB235 with Sen. Adams. The amendment also contains provisions origi- include converted contract students as option students and nally introduced by Lincoln Sen. Bill Avery, as LB148 which exclude receipts and LB287, originally introduced by Adams, would exclude lobbying expenses from the definition of which would include early childhood in the formula’s sum- general fund operating expenditures. mer school allowance beginning in FY2012-13. “There is no better lobbyist for a school district than Malcolm Sen. Ken Haar spoke in support of the amend- the superintendent,” Avery said. ment and the bill, saying it reinforces that K-12 education Also included in the amendment are provisions of LB273, is a state priority. originally introduced by Fullerton Sen. Annette Dubas, to Of the $950 million schools received this year, $150 million came from the one-time federal American Reinvest- ment and Recovery Act fund, Haar said. Under LB235, aid COMMITTEE HEARINGS from the state’s general fund actually would increase from $810 million in FY2010-11 to $822 million in FY2011-12. Wednesday, April 13 “I think we need to recognize LB235 is not perfect, Business & Labor but it represents an increase in general fund spending,” Room 2102 - 12:00 p.m. Haar said. AM1116 to LB397 Cedar Rapids Sen. Kate Sullivan also supported the bill, saying schools were warned of the “cliff effect” that Health & Human Services Room 1510 - 1:00 p.m. would result when the one-time stimulus funds were used Appointment: Reel, Jill - Foster Care Review Board to cover school needs in the last budget. Appointment: Delts, Dillard - Commission for the Deaf “What you have before you is an 18 percent reduction and Hard of Hearing from current [aid],” she said. “The committee worked very Appointment: Kasch, Amy - Commission for the Deaf and Hard of Hearing diligently to be fair and spread the pain.” Appointment: Coleman, Janet - State Board of Health The committee amendment was adopted 41-0 and the bill advanced on a 41-0 vote. g

Page 2 • Unicameral Update • 102nd LEgislature April 5 - 8, 2011 A CLOSER LOOK Sales tax turnback for sewer projects advanced (continued from front page) enues generated from increased would benefit from the bill imme- sewer fees to the combined sewer diately, he said. overflow project in order to receive Papillion Sen. Jim Smith spoke state assistance. in support of the bill, saying it First class cities, second class would encourage metropolitan cities and villages could apply for area businesses to remain in the state assistance beginning July 1, state and would prevent a negative 2011, while metropolitan class cit- economic “ripple effect” across ies and primary class cities would the state. have to wait until July 1, 2013. “Please do not put businesses Mello said LB682 would pro- and jobs in a crossfire between vide a mechanism to help cities the Legislature and Omaha leader- finance combined sewer overflow ship,” Smith said. projects at a time when the Legis- LB682 advanced from general lature has eliminated state aid to file on a 25-17 vote. g cities and limited their taxing au- thority. Omaha and Plattsmouth Sen. Heath Mello explains the need for LB682.

Unicameral Youth Legislature igh school students who want Bills will be based on legislation Hto learn what it’s like to be a considered during the current legis- senator in the lative session. are encouraged to register for the 2011 Unicameral Youth Legislature, Registration forms can be obtained which will convene June 12-15. from the Legislature’s Unicameral Youth Legislature page: The Unicameral Youth Legislature www.nebraskalegislature.gov/edu- is a four-day legislative simulation cation/unicamyouth.php conducted at the State Capitol and the UNL Big Red Summer Aca- Building and coordinated by the demic Camps website: Clerk’s Office of theN ebraska liferaydemo.unl.edu/web/4hcamps/ Legislature. Student senators will bigredcamps. sponsor bills, conduct committee The registration deadline is May 15. hearings, debate legislation and discover the unique process of the The Unicameral Youth Legislature is nation’s only unicameral. organized by University of Nebraska 4-H and has been supported by Students will learn about the inner AmeriCorp VISTA, the Nebraska Co- workings of the Legislature directly operative Extension and the South- from senators, staff and lobbyists. east Research and Extension Center.

102nd LEGISLATURE • Unicameral Update • Page 3 April 5 - 8, 2011 ISSUES UPFRONT

Education

Postsecondary institutions’ minimum standard requirements advanced

Senators advanced a bill April 7 originally introduced by Adams. The significantly since then. that would create minimum operation provisions of LB372 would enable Columbus Sen. Paul Schumacher standards for private and out-of-state the University of Nebraska to offer opposed the amendment, saying it postsecondary institutions. certificates in additional fields upon only would regulate postsecondary York Sen. Greg Adams introduced approval from the commission if the colleges with a physical presence in the LB637, a bill con- preponderance of the courses com- state. He questioned whether it also taining the Post- prising any such certificate are above would regulate online colleges. secondary Institu- associate-degree level. The provisions “We are treading on areas that tion Act. An Edu- of LB58 would require a study of have not been defined [in this bill],” cation Commit- the need for uniform policies and Schumacher said. “We are dealing in tee amendment, practices regarding dual-enrollment dangerous territory when we try and adopted 38-0, re- courses and career academies. regulate information when we are not placed the original Sen. Greg Adams Adams said the bill would stream- clear about what we are trying to stop provisions with a line and clarify regulations for post- them from doing.” revised version of the act. It would secondary institutions that want to An Avery amendment, adopted require the Coordinating Commission come into the state in order to provide 38-0, would set provisions for the for Postsecondary Education to estab- consumer protections. allocation of the Education Innova- lish minimum standard requirements “The process that we currently have tion Fund and would give the state and levels of operations, establish rules in law has not kept the pace at which Department of Education $160,000 and regulations, review applications different types of higher institutions to implement a three-year pilot project for postsecondary institutions and have tried to enter into states,” he in participating school districts for the investigate violators of the bill. Any said. “If a postsecondary institution administration of a standard college private postsecondary career school or of some kind wants to operate in our admission test for 11th grade students institution that is regulated by a federal state, we [need to] have some approval beginning in fiscal year 2011-12. agency would be exempt from the bill. methodologies.” Avery said 75 percent of students Under the amended bill, if the Scottsbluff Sen. John Harms spoke in the state currently take the ACT. commission finds that a postsecond- in support of the amendment, saying Many students do not take a college ary institution has violated the rules it provides clarification and appropri- entrance test because they think they and regulations the institution’s ate oversight that is needed in the cannot afford to go to college, he said, authorization to operate could be for-profit sector of higher education. so requiring them to take the test may suspended or revoked. Operation standards have not been give them a “boost of confidence” and Also included in the amendment revised much since the 1970’s, he said, make them eligible for scholarships. are provisions of two bills that were and the for-profit sector has grown “If this pilot program does what

Page 4 • Unicameral Update • 102nd LEgislature April 5 - 8, 2011 ISSUES UPFRONT we hope it will do, it will increase the subject matter jurisdiction over the test-taking rate throughout the state issue. All agencies with pending rules General Affairs and we think it will have an impact and regulations would be required to on the college-going rate,” Avery said. submit yearly reports to the Legisla- Bill would remove beer The bill was advanced from general ture’s Performance Audit Committee, industry exception file on a 40-1 vote. including the status of any appropria- tions provided to the agency to carry Senators gave first-round approval out the regulation process. April 5 to a bill that would remove an Executive Board Mello said at least 40 states have exception that allows a beer manufac- similar provisions to ensure the execu- turer also to own a beer distributorship. Time frame requirement for tive branch’s prompt implementation Wilber Sen. Russ Karpisek said he state agency regulations of laws. introduced LB279 clears first round “We need to ensure that we have at the request of the a good framework … to carry out our Nebraska Liquor A proposal that would require state rules and regulations in a timely and Control Commis- agencies to promulgate rules and regu- transparent manner,” he said. sion in order to re- lations within a specific time frame Scottsbluff Sen. John Harms sup- inforce the state’s advanced from general file April 7. three-tier system of ported the bill, saying the Legislature’s Sen. Russ Karpisek LB617, introduced by Omaha Sen. Performance Audit Committee has requiring separate Heath Mello, origi- found cases where agencies have not ownership of manufacturers, distribu- nally would have completed the regulation process six tors and retailers. established a legis- or seven years after enacting legislation Fremont Sen. Charlie Janssen, who lative committee to was passed. prioritized the bill, said the exception review agency rules “Right now there is no one moni- is an anomaly and that similar provi- and regulations pro- toring these rules and regulations,” sions have lead to litigation in other mulgated pursuant Harms said. “I don’t think this can states. to bills passed by Sen. Heath Mello be tolerated anymore.” “The three-tier system ensures tax the Legislature. Omaha Sen. Gwen Howard also compliance and better law enforce- An Executive Board amendment, supported LB617, citing concerns ment,” he said. adopted 33-0, replaced the bill and in- over implementation of her priority A General Affairs Committee stead would require that a public hear- bill that will require development of amendment, adopted 36-1, would ing be held on any rule or regulation rules and regulations by the state allow a beer manufacturer to have to be adopted, amended or repealed Department of Health and Human ownership interest in a wholesale op- pursuant to a bill within 12 months Services. Howard said the department eration for two years upon the death of the legislation’s effective date. The told her there currently is a backlog in or bankruptcy of a wholesaler owner. governor could extend the time frame the regulation process. Karpisek said the amendment for up to six months with good cause “I had the sinking feeling that it would provide a short-term exemp- and the regulation process would have could be put on the back burner for tion so a wholesale entity facing dif- to be completed within one year of the years,” she said, “which is really a dis- ficult circumstances could remain in hearing date. service to those who need that bill put business while transitioning to new An agency that did not complete in place.” ownership. the regulation process within one year Senators advanced LB617 to select The bill advanced to select file on would be required to submit a written file on a 38-0 vote. a 40-1 vote. explanation to the Executive Board and the legislative committee with

102nd LEGISLATURE • Unicameral Update • Page 5 April 5 - 8, 2011 ISSUES UPFRONT

said LB177 is intended to assist the those who have not resided together Government, state Department of Health and Hu- prior to placement in foster care. Military & Veterans man Services in implementing three “I want to make crystal clear our specific requirements of the federal intention that the right to sibling rela- Affairs Fostering Connections to Success and tionships is not infringed upon when Increasing Adoptions Act of 2008. the state makes placement decisions,” Bill to protect public utilities A Health and Human Services Howard said. “[Siblings] can provide approved Committee amendment, adopted 36- natural support and a sense of belong- 0, replaced the bill and would require ing to one another.” Senators gave final approval April HHS to notify adult relatives within The bill advanced to select file on 8 to a bill intended to protect sensitive 30 days of a child’s removal from his a 40-0 vote. public utility information. or her home. An exception would be Under LB230, introduced by Sen. provided if an adult relative’s history Prescription drug monitoring Kate Sullivan of Cedar Rapids, public of domestic or family violence would bill passes utility infrastructure make notification inappropriate. specifications or de- The bill also would require that Lawmakers gave final approval to sign drawings may HHS and the court make reasonable a bill April 8 that requires the state be withheld from efforts to place siblings together and Department of Health and Human the public unless provide visitation or ongoing inter- Services to establish or enhance tech- otherwise provided action when siblings are not placed nology for a prescription medication by state or federal together. An exception would be pro- alert system in Nebraska. law if such disclo- Sen. Kate Sullivan vided if joint placement or visitation LB237, sponsored by Omaha Sen. sure will create a substantial likelihood would be contrary to the safety and Gwen Howard, al- of endangering public safety or property. well being of any sibling. lows HHS to col- The bill also allows a public util- Campbell said the bill’s goal is to laborate with the ity to withhold personally identified provide each child in the foster care Nebraska Health private citizen account and customer system the best possible chance for a Information Initia- use information. positive outcome. tive to add an alert LB230 passed on a 43-0 vote. “We all know the importance of screen to its existing family in our own lives,” she said. patient medical re- Sen. Gwen Howard “LB177 stresses that we know from cords system in order to track prescrip- Health & Human best practices that placement with kin tion drug seekers. Services is so important.” The bill passed on a 42-0 vote. Finally, the bill would require the Foster care changes advance department to develop an individual Concussion awareness proposal for each child transitioning measure approved Senators gave first-round approval out of foster care into adulthood. Such April 7 to a bill a proposal would include assessment Lawmakers passed a bill April 8 that would make of a foster child’s educational, employ- that establishes a state policy on con- several changes to ment, housing, health care and other cussions for child athletes. the Nebraska foster support needs. LB260, introduced by Omaha Sen. care system. Omaha Sen. Gwen Howard of- Steve Lathrop, adopts the Concussion Lincoln Sen. fered an amendment, adopted 35-0, Awareness Act, which provides schools Kathy Campbell that would clarify that a foster child’s and organizations with information Sen. Kathy Campbell family unit includes all siblings, even and training about concussions.

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Among other U.S. for five years to qualify for ben- Nursing home provider provisions, the bill: efits, but states can choose to provide assessment advanced • makes con- benefits without using federal funds. cussion and Lawful noncitizens who met in- Lawmakers gave first-round ap- b r a i n i n - come and other requirements were proval April 5 to a bill that would jury training eligible to participate in Nebras- institute a provider assessment on available to ka’s state-option Medicaid program, Nebraska nursing facilities. Sen. Steve Lathrop coaches of all Supplemental Nutrition Assistance LB600, introduced by Lincoln Sen. organized athletic teams involv- Program, Temporary Aid to Needy Kathy Campbell, would adopt the ing school-aged children; Families and aid to the aged, blind Nursing Facility Quality Assurance • provides concussion and brain and disabled regardless of when they Assessment Act. injury information to athletes, entered the country. LB465 eliminates Campbell said the bill would help parents and guardians prior those benefits. offset losses that the state’s nursing to participation in practice or The bill passed on a 33-8 vote. homes will face under proposed Med- competition; icaid provider rate cuts. The governor’s • requires notification of a parent Bill promotes SNAP, increases proposed budget calls for a 5 percent or guardian if a child is removed asset limit reduction in provider rates, she said. from an athletic activity due to Under the bill, nursing facilities suspected concussion or brain Senators passed a bill April 8 to would pay an assessment to the state injury; and promote the state’s Supplemental of $3.50 per day for Medicaid and • requires that a child athlete Nutrition Assistance Program (SNAP). private pay patients, which then would who appears to have suffered LB543, intro- be reimbursed to facilities through a a concussion or brain injury duced by Omaha federal match. Campbell said nursing be removed from practice and Sen. , facilities would pay approximately $14 competition until a licensed requires the state million to the state in assessments health care professional pro- Depar tment of and would receive that amount in vides written clearance for his Health and Human reimbursement from the state, plus or her return. Services to develop approximately $20 million in federal LB260 passed on a 43-0 vote. a state outreach Sen. Tanya Cook Medicaid matching dollars. plan to inform qualifying persons “Without this bill, we could antici- State benefits for noncitizens about SNAP. pate that some nursing facilities will eliminated The department may work with close,” she said. nonprofit organizations to seek gifts, Louisville Sen. Dave Pankonin sup- State benefits for some noncitizen grants and donations to assist in imple- ported the bill, saying the increased permanent residents were eliminated menting the plan and will be exempt number of Medicaid patients in Ne- by a bill passed April 8. from administering it if sufficient fed- braska nursing facilities has created a LB465, introduced by Lincoln Sen. eral or private funds are not secured. critical situation in the state. With fewer Kathy Campbell at the request of the Under the bill, an individual who private pay patients and cuts to Medic- governor, eliminates state-only ben- qualifies for SNAP benefits may have aid provider rates, facilities are having efits for certain noncitizen permanent no more than $25,000 in liquid as- difficulty staying in business, he said. residents who are in the United States sets in personal checking or savings “There is a huge need for quality legally but do not qualify for benefits accounts, money market or share nursing care,” Pankonin said. “We under federal guidelines. accounts. need to keep these facilities open.” Current federal guidelines require LB543 passed on a 42-0 vote. A Health and Human Services that permanent residents be in the Committee amendment, adopted 38-0,

102nd LEGISLATURE • Unicameral Update • Page 7 April 5 - 8, 2011 ISSUES UPFRONT would require a reasonable administra- seller based upon the electronic ing life imprisonment sentences to peti- tive fee for enforcing and collecting the submission of information to tion for a sentence commutation failed assessment and require a penalty of 1.5 the exchange; to advance from general file April 7. percent of the assessment owed for each • allow the retailer to store certain Omaha Sen. Brenda Council intro- month that a payment is overdue. information obtained from the duced LB251, which The amendment also would re- purchaser’s license or identifica- originally would quire the state Department of Health tion card in case it is needed by have increased court and Human Services to submit an law enforcement; and filing fees and costs. amendment to Nebraska’s Medicaid • prohibit the sale of products A Judiciary Com- state plan to include the Nursing Facil- containing more than 9 grams mittee amendment ity Quality Assurance Assessment Act. of pseudoephedrine base or 9 replaced the original The bill advanced to select file on grams of phenylpropanolamine bill on a 37-0 vote Sen. Brenda Council a 38-0 vote. base during a 30-day period and would allow a person under 18 unless purchased pursuant to a years of age who is sentenced to life im- medical order. prisonment to petition the state Board Judiciary The bill has an effective date of of Pardons for a sentence commutation Jan. 1, 2012. after serving at least 20 years. Lawmakers approve meth LB20 was approved on a 44-0 vote. Council said the area of the brain prevention bill that plays a critical role in decision- Defense of temporary insanity making has not finished developing A statewide electronic tracking sys- from intoxication ends in juveniles, so their reasoning skills tem will be implemented for purchases and impulse control are not as sharp of methamphetamine precursor chem- Lawmakers passed a bill April 8 as adults’. icals at the point of sale under a bill that eliminates the defense of tem- “As science develops and we under- approved by the Legislature April 8. porary insanity for crimes committed stand the differences of the juvenile Under LB20, introduced by Oma- while the offender is voluntarily under mind, we see what juveniles are capa- ha Sen. Beau McCoy, retailers will the influence of drugs or alcohol. ble of doing without thinking,” Coun- receive an immedi- Under LB100, introduced by Lin- cil said. “This bill is not a radical bill, ate web-based no- coln Sen. , defendants it is a measured, balanced approach tification when a charged with com- that recognizes the differences that person is attempt- mitting crimes while exist between juveniles and adults.” ing to purchase il- intoxicated may no Under the amended bill, persons legal amounts of longer use intoxica- who entered custody prior to July 1, pseudoephedrine, a tion as a defense, 1994, may submit a petition beginning Sen. Beau McCoy drug found in over- unless they can in 2012. The board could consider a the-counter cold medications that is prove by clear and person who: Sen. Colby Coash used in meth-making. convincing evidence • was convicted of first-degree The system automatically will issue that they did not know that a substance murder or of aiding and abet- the seller a stop sale alert. Retailers will was a toxicant when they used it. ting another person in commit- be required to use the free system un- LB100 was approved on 42-2 vote. ting such act; less granted a waiver by the Attorney • does not have juvenile felony ad- General. Commutation bill for juveniles judications for assault or other The bill also will: serving life sentences stalls felony crimes with a significant • ensure that no claim or cause potential for personal harm to of action shall arise against a A bill that would allow juveniles serv- victims prior to the offense;

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• committed the offense with at provide guidelines for the parole board lishing of low-risk offenders on a website least one adult co-person; to consider. impacts the victims, who often are mem- • prior to the offense, had in- “I think that what [the bill] is asking bers of the offender’s family, she said. sufficient adult support or us to do elevates a part of our system Assistant Attorney General Corey supervision and had suffered that is designed as a check and balance O’Brien testified in opposition to from psychological or physical and takes it to a place where you are ig- AM969, citing a federal study showing trauma or significant stress; noring juries’ [decisions],” Flood said. that 70 percent of offenders who down- • suffers from cognitive limita- The bill failed to advance from loaded child pornography later commit- tions due to mental illness, de- general file on an 18-24 vote. ted physical offenses against children. velopmental disabilities or other The passage of the original bill in 2009, factors that did not constitute a Sex offender registry he said, was sought to curtail “grooming defense, but influenced his or requirements reconsidered behaviors” of hands-on predators. her involvement in the offense; The committee took no immediate • performed acts that tend to The Judiciary Committee heard action on the amendments. indicate rehabilitation or the testimony April 5 on two amendments potential for rehabilitation; to a bill that would revise the current Foster care placement • has maintained family ties or sex offender registry provisions. notification requirements connections through writing In 2009, senators passed a bill that advanced letters, phone calls or visits or required sheriffs to send all registrable has eliminated contact with in- sex offenders’ information to the com- Senators advanced a bill April dividuals outside of prison who munity notification division of the 5 that would establish notification are involved with crime; and Nebraska State Patrol. This resulted in requirements for child foster care • had no disciplinary actions for publication of Level 1 offenders who placement court reviews and hearings. violent activities in the last five were not required to publicly disclose LB648, introduced by Imperial Sen. years in which he or she was their information prior to the passage Mark Christensen, determined to be the aggressor. of the bill. would require the Omaha Sen. , Judi- LB460, intro- state Department ciary Committee chairperson, spoke duced by Omaha of Health and Hu- in support of the amendment. Sen. Brad Ash- man Services or “All this does is give a little more ford, proposes a contract agency consideration to a person who has technical change to make a child’s been sentenced to life in prison as a to require regis- placement infor- Sen. Mark Christensen juvenile,” Ashford said. tered sex offend- mation available for courts to use Omaha Sen. Gwen Howard op- ers who move to Sen. Brad Ashford when notifying foster parents of foster posed the bill, saying “redemption is notify the state patrol of their new placement hearings. The notice must in the eye of the beholder.” residence, rather than their address. be mailed or personally delivered to the “Someone that commits cold blood- Ashford offered two amendments counsel or party within five days prior ed murder, no matter how old they are, to the bill. AM873 would revert back to the review or hearing. should be facing the consequences,” to the previous registration and com- The bill also would require the Howard said. “When a family can peti- munity notification provisions for Level court to ask any present and willing tion us to get [the victim] back, that is 1 sex offenders determined to have a foster parent, preadoptive parent or when I will support this bill.” low risk of recidivism. AM969 would relative caring for the child about the Norfolk Sen. Mike Flood also op- reinstate the prior law altogether. well-being of the child at the hearing. posed the bill, saying he questioned Dawn Buell supported the removal A Judiciary Committee amendment, whether it would be constitutional to of Level 1 offenders’ names. The pub- adopted 38-0, eliminated a provision in

102nd LEGISLATURE • Unicameral Update • Page 9 April 5 - 8, 2011 ISSUES UPFRONT the bill allowing a foster parent to call Current law requires anyone under New Jersey and coordinating legisla- and cross-examine witnesses at the hear- the age of 18 to complete a boating tive action to stop pheasant and dove ing and to appeal an adverse decision. safety education course before operat- hunting in Illinois, Minnesota, New The committee was concerned that ing a boat or watercraft on state waters. York, Rhode Island and Wisconsin. hearings or reviews would be held LB105, introduced by Ogallala Sen. Pirsch offered an amendment to after the placement was determined , requires his proposal to add that: and not prior to removing the child anyone born after • the right be subject only to laws, from the foster home, said Omaha Dec. 31, 1985, to rules and regulations that pre- Sen. Brad Ashford, chairperson of complete such train- serve the future of hunting and the committee. The amendment pro- ing before operating fishing and promote wildlife vides clarification and ensures the bill a boat. The bill has conservation and management; would not require the courts to hold have an operative • public hunting and fishing shall a placement hearing, he said. date of Jan. 1, 2012. Sen. Ken Schilz be a preferred means of manag- Christensen offered — and later Lawmakers approved LB105 on ing and controlling wildlife; and withdrew — an amendment to the final reading 41-2. • the new language could not be committee amendment, which would construed to modify laws ad- allow a foster parent to be active in Constitutional amendment dressing trespassing or property foster placement hearings, but only proposed to preserve fishing, rights. after a foster child has been placed hunting rights Holdrege Sen. said 13 in their home for at least six months. other states have taken action similar to Omaha Sen. Gwen Howard op- The Nebraska Constitution would LR40CA to protect against groups wish- posed the amendment, saying decisions be amended to recognize the right of ing to curtail hunting and fishing rights. on placing foster children are made by citizens to fish, trap and hunt under “What could be more appropriate the department and not the courts. a proposed constitutional amendment for constitutional consideration than Lincoln Sen. Amanda McGill debated on general file March 31 and the threat of basic freedoms being offered an amendment containing April 5. taken away?” Carlson asked. provisions she originally introduced in If approved by the Legislature, Lincoln Sen. Amanda McGill said LB80. The amendment would require LR40CA, introduced by Omaha the state constitution is a “sacred docu- the department to establish that a Sen. Pete Pirsch, ment” that should not be changed child’s case plan would be approved would be submit- lightly. She introduced an amend- and would allow the court to approve ted to Nebraska ment to include other activities that the department’s proposed plan. voters during the Nebraskans enjoy to demonstrate how The McGill amendment was ad- 2012 general elec- LR40CA would modify the constitu- opted 37-0 and the bill advanced on tion. The proposed tion in an unfavorable way, including a 35-0 vote. amendment origi- swimming, farming, ranching, driving, nally would have Sen. Pete Pirsch boating, tubing, golfing, napping, added a new section to Article 15 to parenting, learning, camping, pioneer- Natural Resources declare fishing, trapping and hunting ing, innovating and watching Husker as rights that shall forever be preserved football. Such activities do not belong Boating safety education for the people subject to reasonable in the constitution any more than phased in restrictions as prescribed by law. hunting and fishing, she said. Pirsch said the constitutional “I don’t think this rises to the level Boating safety education courses amendment is needed to ward off of needing an amendment to our con- will be required for more boaters under “fringe groups” that have been suc- stitution,” McGill said, adding that a bill passed by the Legislature April 8. cessful in stopping bear hunting in there is no credible threat to these

Page 10 • Unicameral Update • 102nd LEgislature April 5 - 8, 2011 ISSUES UPFRONT activities in Nebraska. Under the resolution, congressio- makers should consider using census Lawmakers adjourned before tak- nal districts shall be drawn with an data to determine trends in Nebraska’s ing any votes. overall population range of deviation population over the last 20 years and of no more than 1 percent, with a draw district lines in anticipation of goal of zero deviation. The remain- future growth. He noted that Legisla- Redistricting ing districts would be drawn with an tive District 39 currently contains twice overall range of deviation of no more the population of a standard district. Redistricting resolution than 10 percent. “What we should be looking at is approved Langemeier said the goal is to create which of the districts might grow into districts that are as equal in population the deviation,” Lathrop said. Lawmakers approved a resolution as possible, but that the Legislature may Sen. Dave Pankonin of Louisville April 8 that will guide the Legislature’s consider legitimate state objectives if said the redistricting process likely will 2011 redistricting efforts. deviation is necessary. be less contentious than in decades LR102, introduced by the Redistrict- Lincoln Sen. Danielle Conrad past due to term limits. Approximately ing Committee, establishes criteria to agreed, saying the committee is dedi- 30 current senators won’t be seeking guide the Legislature in drawing district cated to keeping the relative deviations reelection after the process is con- boundaries for the U.S. House of Rep- between districts as small as possible. cluded, he said. resentatives, Legislature, Nebraska Su- “We see this deviation issue as a “It’s going to be different this preme Court, University of Nebraska ceiling rather than a floor,” she said. time,” Pankonin said, “because so Board of Regents, Public Service Com- Sen. Burke Harr of Omaha said many of us won’t be affected by this.” mission and state Board of Education. allowing a high level of deviation in Lawmakers adopted LR102 on a District boundaries must be redrawn order to accommodate priorities such 40-0 vote. every 10 years to reflect population as respecting county lines runs the changes throughout the state. risk of violating the principle of one Sen. Chris Langemeier of Schuyler, person, one vote. Retirement chairperson of the committee, said the “I would think that one person, criteria would ensure that redistricting one vote would supersede,” he said. Omnibus retirement bill plans meet legal parameters and are Harr also suggested that techno- approved constitutionally acceptable. logical improvements since the last Among other provisions, the guide- redistricting should result in a lower Senators passed the Nebraska lines require that the Legislature: range of deviation than was set by the Retirement Systems Committee’s • use population data and geo- 2001 Legislature and incorporated omnibus bill April 8. graphical information from the into LR102. Introduced by the committee on 2010 U.S. Census; But Lincoln Sen. Bill Avery said a behalf of the Nebraska Public Employ- • not dilute the strength of any 5 percent variation between districts ees Retirement System, LB509 makes minority population; is within the margin of what is con- several changes to the county, state • create districts that are substan- sidered best practices for redistricting and Class V school retirement plans tially equal in population; and that current technology has not and the duties of the Public Employees • not favor a political party or made it easier to establish legislative Retirement Board and the Nebraska consider the political affiliation districts of equal size. Investment Council. of registered voters; and “The software is better now,” Avery Among other changes, the bill: • follow county lines whenever said. “But the main difference between • creates the County Employees practicable and follow tradi- the software we have today and 10 Retirement Fund for deposit tional districting principles of years ago is that it’s much faster.” of county late filing penalties; compactness and contiguity. Omaha Sen. Steve Lathrop said law- • allows permanent and part-time

102nd LEGISLATURE • Unicameral Update • Page 11 April 5 - 8, 2011 ISSUES UPFRONT

county and state employees to surviving spouse remarries. sioner hearings. participate in retirement plans LB532, also introduced by Kar- A Revenue Com- at age 18; pisek, allows transfer of state Depart- mittee amendment, • changes the deadline from ment of Labor independent retirement adopted 37-1, would March 15 to March 31 for the plan members to the State Employee set Oct. 1, 2011, as Nebraska Investment Council Retirement System if the independent the expiration date to provide its annual report retirement plan is terminated. For for the terms of all Sen. Abbie Cornett to the Nebraska Retirement vesting purposes, members will be TERC members. Systems Committee; credited for their years of service in the Terms of the three commissioners • requires the Class V School Re- independent retirement plan. appointed would be staggered so that tirement Plan board to provide LB486, introduced by Ellsworth one commissioner’s term expires every comprehensive preretirement Sen. LeRoy Louden, increases from biennium and the governor would be planning programs to plan 7 to 9 percent the salary cap in the given the authority to set TERC com- members; School Employees Retirement Plan missioners’ salaries. • removes requirements for the beginning July 1, 2012, and eliminates The amendment would restrict Class V Retirement System to current salary cap exemptions for pur- single-commissioner hearings to appeals file annual plan summaries; poses of calculating benefits on annual regarding parcels that are less than $1 • requires the Class V Retirement compensation during the last five years million in valuation. After the TERC System to file an actuarial re- of employment prior to actual retire- chair designates an appeal for a single- port annually rather than every ment. The cap will be reduced to 8 commissioner hearing and both sides four years; percent beginning July 1, 2013. agree, an informal single-commissioner • clarifies transfer language re- The bill passed on a 44-0 vote. hearing could be held. The usual com- garding direct rollover benefit mon-law or statutory rules of evidence distribution into an employee’s would not apply in single-commissioner deferred compensation plan; Revenue hearings. Either party could request a • removes a requirement that the rehearing before the entire commission. retirement board provide notifi- Bill reducing TERC members Finally, beginning Jan. 1, 2013, the cation if a political subdivision and authorizing single- amendment would require counties fails to file annual pension commissioner hearings with a population of at least 150,000 reports; and advances to mail or post on the county asses- • allows a terminated state or sor’s website a preliminary notice of county employee to receive a Changes to the Tax Equalization valuation on or before Jan. 15 of each distribution of up to $25,000 and Review Commission (TERC) year and provide an opportunity to or the balance of his or her por- are proposed by a bill advanced from real property tax protesters to meet tion of the account, whichever general file April 7. in-person with the assessor or staff. is less, after a grievance is filed. TERC hears appeals of decisions In addition, real property tax Following reinstatement, an made by county boards of equalization protesters who protest their valuation employee will be required to regarding property taxes and currently would be given an opportunity to meet repay any amount received. comprises one member from each con- in-person with the county board of The bill also incorporates provisions gressional district and an at-large com- equalization or a referee. from the following three bills. missioner, for a total of four members. An amendment offered by Cornett LB246, introduced by Wilber Sen. LB384, introduced by Bellevue and adopted 36-0 adds that taxpayers Russ Karpisek, allows continuation Sen. Abbie Cornett, would eliminate who do not request an in-person meet- of benefits to a surviving spouse of a the at-large commissioner and autho- ing with assessor staff by Feb. 1 would deceased state patrol member if the rize TERC to conduct single-commis- waive their opportunity to do so.

Page 12 • Unicameral Update • 102nd LEgislature April 5 - 8, 2011 ISSUES UPFRONT

Cornett said the amended bill Heath Mello, would offer state assistance dertaken as part of a long-term control would provide budgetary savings to finance the con- plan approved by the state Department and transform TERC hearings into struction, acquisi- of Environmental Quality. Cities would “informal and taxpayer-friendly” pro- tion or improvement be required to dedicate any increased ceedings. The preliminary notice pro- of sewer, natural gas local option sales tax revenues gener- vision of the bill replicates a Lancaster and water cast-iron ated from increased sewer fees to the County program, she said, which has infrastructure. As- combined sewer overflow project in reduced the county’s caseload of pro- sistance would be order to receive state assistance. tests and TERC appeals. calculated based on Sen. Heath Mello Mello offered an amendment, ad- Sen. Kathy Campbell, a former the amount of state sales tax collected opted 33-1, that changed the date after Lancaster County commissioner, spoke from increased fees and charges to com- which cities of the first class, cities of in support of the bill. She said their plete combined sewer overflow, natural the second class and villages could apply preliminary notice program provides a gas and water projects. for state assistance from July 1, 2013, forum for taxpayers to visit with assessor Mello said the city of Omaha will to July 1, 2011. His amendment would staff to find errors and learn why their undertake what will likely be the larg- retain the July 1, 2013, date for cities of property was assessed at that value. est infrastructure project in the state the metropolitan class and cities of the “We found this system to be a great to turn its combined sewer system primary class to apply for assistance. budget helper to us,” Campbell said. — which discharges raw sewage and The change would allow the city of Hastings Sen. Dennis Utter said stormwater into the Missouri River Plattsmouth to take advantage of the informal single-commissioner hear- during wet weather events — into a state assistance offered under LB682, ings would make TERC more ap- separate sanitary sewer system. The Mello said. proachable to citizens. Many people $1.7 billion project will be financed by Elk Creek Sen. Lavon Heidemann are intimidated by the current hearing increased sewer fees, he said, with the spoke in opposition to the bill, saying procedure, he said. average ratepayer experiencing a fee its impact to the general fund could “TERC needs to be a taxpayer- increase of more than a 200 percent. increase from $3 million a year to $5 friendly place to go to get the facts “[LB682] is trying to stave off what million over time. He also questioned and figures regarding a property,” will likely be the largest tax increase in whether the bill would help only the Utter said. the metropolitan area,” Mello said. cities of Omaha and Plattsmouth. Ellsworth Sen. LeRoy Louden op- LB682 would use a turnback of Many small towns have completed posed the bill, saying it would result in state sales tax to mitigate costs borne federally mandated projects without a backlog of cases for TERC. The com- by Omaha ratepayers during the life of state assistance, he said. mission formerly had three commis- the project by $40 million, Mello said. Kearney Sen. Galen Hadley op- sioners, he said, but it fell behind and Other cities with federally mandated posed LB682, saying the city of some cases took two years to decide. combined sewer overflow projects also Omaha has known for 20 years that LB384 advanced from general file could receive state assistance, he said, improvements were needed to prevent 36-1. naming the city of Plattsmouth as an the dumping of sewage into the Mis- example. souri River. The improvements could Assistance for combined sewer Papillion Sen. Jim Smith said the have been completed by now, he said. overflow projects debated bill is needed to retain individuals and Omaha Sen. Brenda Council said businesses in the metropolitan area Omaha has undertaken smaller proj- Municipalities undergoing select that are considering relocation due to ects to address sewer overflows, adding sewer improvements could apply for imminent sewer fee increases. that the federal government directed state assistance under a bill debated A Revenue Committee amendment the city to separate its sewer system on general file April 5-6. would restrict the scope of the bill to only three to four years ago. The aver- LB682, introduced by Omaha Sen. combined sewer overflow projects un- age monthly sewer fees could increase

102nd LEGISLATURE • Unicameral Update • Page 13 April 5 - 8, 2011 ISSUES UPFRONT by $50, she said. New minimum energy New state building code The Legislature adjourned before standard established approved voting on the committee amendment or the bill. Lawmakers adopted a new minimum Lawmakers approved a bill April energy standard for the state April 8. 8 that adopts the 2009 version of the LB329, introduced by Omaha International Residential Code as the Urban Affairs Sen. Tanya Cook, state building code, with the exception adopts the 2009 of the mandatory sprinkler provision Redevelopment bond International En- for new residences. repayment bill advanced ergy Conservation LB546, intro- Code (IECC) as the duced by Grand A bill intended to make the repay- Nebraska Energy Island Sen. Mike ment time frame of a redevelopment Code. The bill also Gloor, also permits bond more closely reflect the life of a updates language Sen. Tanya Cook state agencies and project received first-round approval regarding existing structures and his- local political sub- April 7. toric buildings to conform to the 2009 divisions to amend Sen. Omaha Sen. Heath Mello, sponsor code and provides for IECC training their building codes to include a man- of LB54, said nearly all Tax Increment for builders and inspectors. datory new-home sprinkler provision. Financing (TIF) projects in Nebraska The bill passed 44-0. The bill passed on a 31-9 vote. g are paid for with bonds that must be repaid within 15 years. Currently, the repayment period begins on the date that a municipality’s redevelopment Find Legislative Documents plan goes into effect. Under the bill, the repayment period Committee hearing schedules, daily agendas and more can be viewed would not begin until the date that a mu- using the calendar on www.NebraskaLegislature.gov. nicipality enters into a redevelopment Clicking the “Calendar” link on the left side of the website’s home page contract. Mello said redevelopment will open a calendar that is constantly updated with new information. plans often go into effect over a year be- fore a redevelopment contract officially is entered into by a municipality and a developer, depriving cities of revenue with which to repay financing bonds. Mello said the bill would allow lawmakers to “sharpen a tool already in the toolbox,” rather than creating a new economic development program. Sen. Rich Pahls of Boys Town sup- ported the bill, saying many cities in Nebraska utilize TIF financing. “This does appear to be a very significant economic factor for the state,” Pahls said. Senators advanced the bill to select file on a 36-0 vote.

Page 14 • Unicameral Update • 102nd LEgislature April 5 - 8, 2011 MEET THE SENATOR A student of law, Harr turns to lawmaking

fter receiving his undergradu- The center pro- ate degree from the University vided clients with A of St. Thomas in Minnesota, rent assistance, a Sen. Burke Harr had a decision to full food pantry make: he could enter law school and clothes for job directly or take a year off to obtain interviews, Harr some real world experience before said, with the goal beginning his legal studies. Harr chose of helping them be- the latter. come self-sufficient. The Omaha native set course for “We had to teach California’s Silicon Valley to partici- how to budget, the pate in a program sponsored by Jesuit importance of de- Volunteer Corps. Harr worked at the layed gratification, Peninsula Family Resource Center, how to open a which mostly served single mothers checking account receiving assistance from the Aid to and how to use Families with Dependent Children mass transit to get program. to work,” Harr said. “It gave me a chance to get out and Harr said the pro- do something of substance,” Harr gram demonstrated said. “I had been pretty lucky in my to him poverty’s life up to then and I wanted to have a prevalence in even chance to give back a little.” the richest parts of the world. Harr enrolled Sen. Burke Harr stands with his wife, Jennifer, and their daugh- in the Notre Dame ters, Rita and Augusta, on the first day of session in January. Law School the fol- The senator also is an avid outdoor- lowing year. He moved back after sman, although his hunting activities graduating to take a clerkship with the have been curbed by the birth of Nebraska Court of Appeals. his two young daughters, Rita and “That’s when I first got the bug of Augusta. the Legislature,” he said, adding that “Right now, my hobby is my fam- working in the same building as legisla- ily,” Harr said. g tive employees showed him their love for the institution. His subsequent jobs included prosecuting for the Douglas County Attorney’s Office, practicing real es- tate law and starting his own business consulting firm with a friend.

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