UNICAMERAL UPDATE

News published daily at Update.Legislature.ne.gov Vol. 41, Issue 14 / Apr. 3 - 6, 2018 Senators at impasse on proposal to fund school aid, property tax relief with sales tax increase awmakers debated a proposal April 6 to provide a minimum Lamount of state aid to each public school district. A pending amendment would replace the bill and raise the state sales tax rate in order to fund additional school aid and property tax credits. Sen. of Henderson, sponsor of LB1103, said the bill would ensure that each school district would receive no less than 25 percent of its basic funding needs—as calculated by the state’s school aid formula—in the form of state aid. Friesen said his bill is an attempt to address the state’s overreliance on Sen. Curt Friesen said the tax increases in a proposed amendment to LB1103 would fund property taxes to fund public educa- additional state aid to public schools and reduce property taxes. tion and the dramatic shift in that equalization aid, which is state aid K-12,” Friesen said, “and the state tax burden to agricultural landowners intended to cover the needs of school needs to accept more responsibility over the past decade. As a result of that districts that cannot be met by other in that effort.” shift, he said, about 70 percent of the resources, such as property taxes. Friesen filed a motion to substitute state’s 244 school districts receive no “We need to address how we fund an amendment he had introduced (continued page 3) Income tax credit on paid property taxes stalled enators considered a proposal April 3 to provide transfer $10 million to a job training fund. income tax credits that partially offset the amount Smith said that the state’s income tax rates, overreliance Sthat Nebraskans pay in property taxes. on tax incentives and high property taxes make it uncompeti- As introduced by Papillion Sen. Jim tive with other states when trying to attract new businesses. Smith on behalf of Gov. Pete Ricketts, A pending Revenue Committee amendment would LB947 would eliminate the state’s replace the bill, instead providing a refundable state income current property tax credit program tax credit for agricultural and horticultural landowners and instead would provide equal to 2 percent of their property taxes paid beginning homeowners and agricultural and hor- this year. The credit would increase in annual increments ticultural landowners a refundable state until it reaches 20 percent in 2027. income tax credit equal to 10 percent of Sen. Jim Smith Homeowners would receive a 1 percent income tax their property taxes paid. credit on their property taxes paid this year, with a $25 The bill also would reduce the top individual and cor- cap for 2018. The credit would increase to 20 percent by porate income tax rates to 6.69 percent by 2020 and would 2030, when it would be capped at $500. (continued page 2)

INSIDE: Bottle club licensure provisions advanced • Bill would send Cather, Chief Standing Bear to U.S. Capitol April 3 - 6, 2018 Income tax credit on paid property taxes stalled (continued from front page) The amendment would maintain kans a refundable state income tax that another property tax relief pro- funding for the current property tax credit equal to 50 percent of their posal that came before the committee credit program at $224 million annually. property taxes paid to school districts this session would raise taxes without The proposal also would decrease the during the taxable year. controlling school spending. state’s top corporate income tax rate— Smith said that Erdman’s proposal “I stand in support of [the amend- which is applied to taxable income in would leave the state with a $1.1 bil- ment] because at least it doesn’t raise excess of $100,000—from 7.81 percent to lion budget shortfall next year that my taxes,” he said. 6.84 percent over five years. Individual could be filled only by cutting state Erdman opposed the amendment, income tax rates would not change. spending and by raising other taxes. saying that other bills, including his Finally, the amendment would He said his proposal, which would LB829, offer more substantial prop- direct the state treasurer to transfer $5 provide for $600 million in property erty tax relief. Erdman said that a 2 million from the state’s cash reserve tax relief when fully implemented, is percent credit on an agricultural land- fund to a job training fund and ap- a more responsible approach. owner’s property tax bill is not enough proximately $34 million to the state’s “Sen. Erdman’s alternative is dan- when valuations on agricultural land general fund to cover the proposal’s gerous,” Smith said. “You will not be have increased approximately 5.6 per- cost for the first year. able to cut enough to pay for LB829 cent per year over the past 12 years. LB947 is the only property tax relief or the ballot initiative cost.” “I didn’t come here to take this bill that could garner enough votes to Sen. of Bancroft sup- back to my people and say this is advance from the Revenue Committee ported the amendment, saying that property tax relief, because this is not this session, Smith said, and its failure LB947 would provide “slow and grad- property tax relief,” he said. “This is to pass could increase the odds that ual” increases in property tax relief. too little, too late.” voters will approve “If we would have done this 10 Erdman filed a motion to bracket a proposed ballot years ago, we would have that 20 the bill, which effectively would end initiative that mir- percent reduction and a better three- debate on it for this session. The mo- rors LB829, intro- legged stool,” she said, referring to the tion failed on a 9-25 vote. duced by Bayard state’s tax system, which comprises Sen. Burke Harr of Omaha sup- Sen. . income, property and sales taxes. ported the amendment’s increase in That bill would North Platte Sen. workforce development funding, but provide Nebras- Sen. Steve Erdman also supported the amendment, saying he said the state could not afford the (continued page 4) 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 • 105TH LEGISLATURE April 3 - 6, 2018

Senators at impasse on proposal to fund school aid, property tax relief with sales tax increase (continued from front page) opposed Briese’s amendment and filed a motion to bracket the bill. Brasch said she supports reducing property taxes, but the amendment would not control school spending or fix flaws in the state’s school funding formula that created the problem Fri- esen and Briese are trying to correct. “We are not going to do this in the 11th hour of session,” she said. “We need to have a deliberate plan.” Brasch said she favored LB947, sponsored by Smith, which would provide refundable income tax credits for homeowners and agricultural or horticultural landowners that would increase gradually over the next decade. Sen. said the property tax authority cap in his amendment to LB1103 would allow The Legislature moved to the for growth in state aid to schools while ensuring property tax relief. next item on the agenda before vot- with another amendment by Sen. Tom “I’ll admit there’s something in ing on the bracket motion, Briese’s Briese of Albion. The amendment here for everybody to dislike,” he said, amendment or the bill. Per a practice would replace Friesen’s original bill “but I can almost guarantee you that implemented last year by Speaker with provisions of LB1084 and would the average Nebraskan will support Jim Scheer, the sponsor of a bill that raise the state sales tax rate from 5.5 this concept.” is facing a potential filibuster must percent to 6.5 percent, raise taxes on Sen. of O’Neill op- demonstrate sufficient support for a a pack of cigarettes from 64 cents to posed the bill and filed a motion to cloture motion before the measure will $2.14 and impose a surtax on those indefinitely postpone it, which would be scheduled for additional debate. earning at least $500,000. end consideration of it for this session. After debate on LB1103 had con- The amendment would direct the The motion failed on a 6-25 vote. cluded, Scheer told lawmakers that he additional tax proceeds to the state’s Sen. Jim Smith of Papillion also op- is willing to meet with five senators property tax credit fund and to school posed the bill and said it would increase who introduced major tax bills this aid. taxes by approximately $487 million. session—Briese, Friesen, Smith, Bayard It would limit the amount that He said the amendment attempts to Sen. Steve Erdman and North Platte school districts could request in provide property tax relief by increasing Sen. Mike Groene—in an effort to bro- property taxes each year, and it would sales and cigarette taxes, which would ker a compromise so that a tax relief require the state Department of Edu- affect mostly low-income Nebraskans. proposal could be passed this year. cation to oversee an in-depth review “If we’re going to be responsible He said none of the bills currently of the financing of public elementary and avoid putting burdensome taxes— has the 33 votes needed to secure a and secondary schools. more taxes—on our families and our cloture motion. Briese said the amendment would businesses, it’s going to take time to “I don’t care what the lobby says, deliver “immediate and substantial” get out of this,” Smith said, referring I don’t care what the governor says,” property tax relief, but he acknowl- to the problem of high property taxes. Scheer said. “We should be working edged that some senators would op- “Don’t expect it to happen overnight.” for something that benefits the state of pose raising other taxes to pay for it. Sen. Lydia Brasch of Bancroft also Nebraska—not next year, this year.” g

105TH LEGISLATURE • UNICAMERAL UPDATE • PAGE 3 April 3 - 6, 2018

Income tax credit on paid property taxes stalled (continued from page 2) proposed credits and rate cut. Ricketts to accomplish this over a period of LB1084, which would raise the state has asserted that the state can afford years,” he said, “but to do this over a sales tax rate and eliminate several the proposal based on a growth rate period of 12 years is not substantial, state sales tax exemptions on services, of 6 percent, Harr said, but the Leg- it’s not upfront and it doesn’t deal would provide more property tax relief islature’s economic forecasting board with school funding the way I’ve en- more quickly than LB947. predicts that Nebraska’s economy will visioned it.” “You’re not going to deliver the grow by only 4.9 percent next year. Lincoln Sen. said that immediate and substantial property Harr added that, under the amend- the amendment’s increasing cost over tax relief that Nebraskans need with- ment, he would have received a $25 time would leave the state unable to out changing how we pay for things,” credit on his most recent property tax fund priorities like education, child he said, “and that means replacing bill of more than $6,200. welfare services and the Department property taxes with other forms of “If you think that amounts to a of Correctional Services. The amend- revenue.” hill of beans, you’re crazy,” he said. “If ment would reduce the state’s cash The Legislature moved to the next you think that appeases me and says reserve fund to approximately $256 item on the agenda before voting on the property tax problem is solved, million, only about 35 percent of the the committee amendment or the bill. you’re crazy. Appropriations Committee’s goal, Per a practice implemented last year by Sen. Curt Friesen of Henderson she said. Speaker Jim Scheer, the sponsor of a said he could not support the amend- “This isn’t the right proposal, and bill that is facing a potential filibuster ment because it does not address the it isn’t the right time,” Bolz said. must demonstrate sufficient support state’s overreliance on property taxes Sen. Tom Briese of Albion also for a cloture motion before the mea- to fund its public schools. questioned how the state would sure will be scheduled for additional “I’ve always said I’m willing to work pay for the proposal. Briese said his debate. g

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PAGE 4 • UNICAMERAL UPDATE • 105TH LEGISLATURE April 3 - 6, 2018

tice,” he said. Sen. Laura Ebke of Crete support- ed the bill. Whether prairie dogs are a nuisance or not, she said, landowners Prairie dog management act do not have the right to tell others that Budget adjustment bills repeal advanced they cannot have prairie dogs on their approved property. Lawmakers gave first-round ap- “The appropriate role of govern- Lawmakers gave final approval proval April 6 to a bill that would ment is to protect life, liberty, the April 3 to the four components of the repeal the Black-Tailed Prairie Dog pursuit of happiness and property,” Legislature’s mid-biennium budget Management Act. Ebke said. “I think my conservative adjustment package. The act, passed by the Legislature colleagues have long believed that—they LB944, introduced by Speaker Sen. in 2012, authorizes county boards ought to jump in line on this one.” Jim Scheer of Nor- to adopt and carry out coordinated North Platte Sen. Mike Groene also folk at the request management programs to control supported the bill. He said current law of the governor, black-tailed prairie dog colonies on allows landowners to seek help from makes adjustments property within the county. the Animal and Plant Health Inspec- to appropriations The law requires a landowner to tion Service of the U.S. Department for state opera- effectively manage prairie dog colonies of Agriculture to control prairie dogs tions, agency and on his or her property to prevent them and other nuisance animals. Groene school aid and con- Sen. Jim Scheer from expanding to adjacent property agreed that the current law infringes struction programs in the current and if the owner objects to the expansion. on Nebraskans’ privacy, property and next fiscal year. If a landowner does not provide evi- due process rights. The bill contains an across-the- dence that a colony is being managed “When I get a speeding ticket, I go board reduction in general fund ap- within 60 days of a county board’s to court in front of a judge,” he said. propriations to many state agencies notice, the county may enter upon the “There’s no judge here, or court.” and operations budgets of 2 percent property to manage the prairie dogs. Sen. Tyson Larson of O’Neill op- in fiscal year 2017-18 and FY2018-19. The landowner would be respon- posed repealing the current law. Gov- The University of Nebraska, state sible for any expenses, and unpaid ernment’s role, he said, should be to and community colleges will see a assessments would become a lien on protect individuals—and their property 1 percent reduction in FY2018-19. the property. Landowners who do not rights—from other individuals. Reductions in state aid—except for comply also could receive a fine of up “By not having something like [the community colleges—is retained at 4 to $1,500. The law allows a county to current law], you are allowing another percent in FY2018-19. file a foreclosure suit to recover the debt. individual’s decisions to blatantly Among other provisions, the bill Omaha Sen. , harm my property and my property also provides $55 million to the state sponsor of LB449, said the act violates rights,” Larson said. Department of Health and Human property owners’ Sen. Dan Hughes of Venango also Services to cover increased child wel- rights by allowing opposed the bill. He said the current fare costs and $15 million to offset government agents law has never been used, but its existence reductions in the federal Medicaid to come onto their forces landowners to settle disputes match rate. land without no- about unmanaged prairie dog colonies. A provision included in LB944 pro- tice when a neigh- “I agree with Sen. Groene,” Hughes hibits federal Title X funds from being bor makes an un- said. “What he wants to do on his paid or granted to an organization that verified complaint Sen. Ernie Chambers property is fine, but when it begins to performs, assists, provides directive about prairie dogs on the property. encroach upon my property, devaluing counseling in favor of or refers for “People can come onto your prop- my property—which is what prairie abortion services. An otherwise quali- erty, they can damage it, they can dogs do—then I have a problem.” fied organization that is affiliated with, spread poison—without any court Senators voted 25-9 to advance the but objectively independent from, involvement, without giving you no- bill to select file. such an organization—which the bill

105TH LEGISLATURE • UNICAMERAL UPDATE • PAGE 5 April 3 - 6, 2018 defines as legal, physical and financial Fund due to the lower cost of the Cen- Vargas said some Nebraska delayed separation—is not disqualified from tral Nebraska Veterans’ Home project. deposit lenders currently charge more receiving funds under the bill. The bill also changes the timing than 400 percent interest on loans, The provision also prohibits the and individual transfer amounts to the creating a cycle of debt and poverty. referral of a patient to an abortion ser- Nebraska Capital Construction Fund “It is critical that the Legislature vice, which the bill defines as the act related to the heating, ventilation and continues to work to reform payday of recommending a pregnant woman air conditioning project at the state lending,” he said. “This doesn’t re- to doctors, clinics or other persons or Capitol Building. form payday lending [as amended], entities for the purpose of obtaining The bill passed on a vote of 40-5. but it increases the information and an abortion. LB950, introduced by Business and notifications regarding payday loans Neutral, factual, nondirective Labor Committee chairperson Sen. given to consumers.” information about prenatal care and of Thurston, provides A Banking, Commerce and Insur- delivery, infant care, foster care, adop- for payment of claims against the state. ance Committee amendment, adopt- tion and pregnancy termination in an The bill, passed 47-0, includes tort ed 47-0, replaced the bill. As amended, emergency situation in accordance and workers’ compensation claims it would require that a lender provide with state law does not constitute an totaling $2 million, along with several written notice to a borrower including abortion referral under the bill. agency write-offs totaling $978,000 for the name of the borrower, transaction LB944 passed on a 38-6 vote. various uncollectable debts. date and amount, payment due date A number of fund transfers and The governor must sign, veto or and total payment due and the total changes to transfer provisions are line item veto the budget within five fees imposed on the transaction, both made by LB945, also introduced by calendar days, excluding Sunday. as a dollar amount and an annual Scheer at the request of the governor, percentage rate. and passed 41-4. The notice would state that such Among other provisions, the bill: loans only should be used to meet • creates the Nebraska Film Of- short-term cash needs, that the total fice Fund to be administered cost of a transaction cannot exceed by the state Department of $500, that the borrower has the right Economic Development; Restrictions for payday to rescind a transaction before the end • transfers the unobligated balance lenders advanced of the next business day and that the of the Nebraska Progress Loan borrower has the right to rescind au- Fund as of Sept. 30, 2017, to the Providers of short-term, delayed de- thorization for an electronic payment. Intern Nebraska Cash Fund; posit loans would be required to provide Any fees charged to individuals on • allows transfers to be made more information to borrowers under active military duty or their spouses from the State Visitors Promo- a bill advanced by lawmakers April 6. and dependents would not exceed the tion Cash Fund to the General To secure a delayed deposit loan— amount allowed under federal law. Fund at the direction of the often called a payday loan—a borrower If a check held by a lender is returned Legislature and transfers $1 typically submits a personal check for unpaid due to insufficient funds, a million to it; and the loan amount, which is then held closed account, a stop-payment order or • transfers $200,000 from the and cashed by the lender at the end other reason, the lender could exercise Affordable Housing Trust Fund of the loan period, which typically is all civil means to collect the face value of to the Lead-Based Paint Hazard 34 days. the check. The lender could collect one Control Cash Fund. LB194, intro- returned check charge for each delayed LB946, also introduced by Scheer, duced by Omaha deposit, not to exceed $15, plus court changes provisions relating to the Sen. , costs and attorney’s fees. state’s Cash Reserve Fund. The bill would have lim- A borrower who is unable to pay transfers $100 million from the Cash ited the amount of back a loan when due could request Reserve Fund to the General Fund. It interest that could an extended payment plan once in reduces by $2.3 million a transfer from be charged on a Sen. Tony Vargas any 12-month period. The bill would the Nebraska Capital Construction delayed deposit loan to 36 percent. require lenders to accept prepayment

PAGE 6 • UNICAMERAL UPDATE • 105TH LEGISLATURE April 3 - 6, 2018 of a loan from a borrower without percent penalty is imposed on each pay- any penalty. ment to the employee that is made more Finally, lenders would be required than 30 days after the release is filed to provide information annually to the with the compensation court. The bill state Director of Banking and Finance, Changes to workers’ compen- would clarify that the penalty provision who would submit a final report to the sation settlements advanced still would apply unless the court enters Legislature. an order of dismissal with prejudice. Following the adoption of a techni- Lawmakers gave first-round ap- A Business and Labor Committee cal amendment, senators advanced the proval April 4 to a bill that would help amendment, adopted 29-0, would bill to select file on a 47-0 vote. injured workers receive settlement narrow the scope of the settlement the payments more efficiently. court is required to approve to include Property appraiser statutes LB953, introduced by Thurston only the portion of the settlement updated Sen. Joni Albrecht, would require the regarding medical expenses. Workers’ Compen- Medicare’s interests must be ap- Lawmakers passed a bill April 6 sation Court to ap- proved by the court if the employee’s that updates Nebraska’s Real Property prove a lump-sum attorney affirms that the resolution of Appraiser Act. settlement in cases payment of disputed medical, surgical LB741, introduced by Omaha Sen. when the employee or hospital services is in conformity , brings Nebraska’s is eligible for Medi- with the compensation schedule and Real Property Ap- care, is a Medicare in the best interests of the employee praiser Act into beneficiary or has Sen. Joni Albrecht or his or her dependents. compliance with a reasonable expectation of becom- The court would not be required to Title XI of the Fi- ing eligible for Medicare within 30 approve other areas of the settlement. nancial Institutions months of the time of settlement. Omaha Sen. Tony Vargas intro- Reform, Recovery Albrecht said the bill would stream- duced an amendment, adopted 32-0, and Enforcement line the settlement process. that would incorporate provisions of Act of 1989, the Sen. Brett Lindstrom “This makes Nebraska workers’ his LB784. As amended, these would Uniform Standards of Professional compensation law better and more prohibit contractors and employers Appraisal Practice, and the Policy State- efficient,” she said. “It would allow who have unpaid fines for violating ments of the Appraisal Subcommittee attorneys to help move the process the Employee Classification Act from of the Federal Financial Institutions along when it’s in the best interests entering into a contract with the state Examination Council. of the employees to do so.” or any political subdivision until the The bill lessens the burden to The lump-sum settlement also fines are paid. obtain or maintain a credential by would apply in cases when the medi- Following the adoption of a techni- removing the required demonstration cal, surgical or hospital expenses cal amendment, senators advanced the of general knowledge of Nebraska incurred for treatment of the injury bill to select file on a 29-1 vote. appraiser law, as well as the report will not be fully paid as part of the writing update course continuing settlement if the employee’s attor- education requirement. ney affirms that the settlement is in It also simplifies the standards for conformity with the compensation evaluation of a reciprocal applicant’s schedule and in the best interests of jurisdiction of practice. the employee or his or dependents. Bottle club licensure added Finally, it makes minor changes to The bill would eliminate a require- to omnibus liquor law bill, the administration of the Nebraska’s ment for a duly-executed release if a advanced Real Property Appraiser Act and lump-sum settlement is approved by would eliminate provisions relating to the court. An omnibus liquor law bill was nar- the separate credential of real property Finally, it would address concerns rowed and amended to include provi- associate. about penalties imposed when a settle- sions related to bottle clubs April 3. The bill passed on a 45-0 vote. ment payment is late. Currently, a 50 LB1120, as introduced by Sen.

105TH LEGISLATURE • UNICAMERAL UPDATE • PAGE 7 April 3 - 6, 2018

Tyson Larson of amendment were a compromise taken Beer Industry Promotional O’Neill, would from the committee’s 2017 omnibus Fund; and have made a vari- liquor bill, which stalled during debate • allowing a party to apply for a ety of changes to last session over unrelated consider- rehearing when a liquor license the Nebraska Li- ations. application is denied by the quor Control Act. “This amendment would provide Liquor Control Commission. A General Affairs the Liquor Control Commission with Following adoption of the amend- Committee amend- Sen. Tyson Larson the means to license and regulate ments, LB1120 advanced to select file ment, adopted 36-0, removed all sec- bottle clubs,” she said. on a 41-0 vote. tions of the bill except for a provision The amendment would define that would create the Music Licensing bottle clubs and establish a new license Agency Act. for such establishments with a $300 The act would require a music application fee. A bottle club licensee licensing agency to register with the could not hold any other license under state Department of Revenue start- the Nebraska Liquor Control Act and ing Jan. 1, 2019, and file an annual would be required to close between 5 Bill would send Cather, Chief electronic copy of each performing a.m. and 6 a.m. Standing Bear to U.S. Capitol rights agreement that provides for A club’s private membership list payment of royalties made available would not be made public except as Two different icons would represent from the music licensing agency to required by a court order, warrant or Nebraska at the U.S. Capitol under a any Nebraska proprietor. subpoena. bill advanced by the Legislature April 3. A $10,000 fine would be imposed Thibodeau said the provisions The National Statuary Hall Collec- for each 45-day period following each would need to be worked on before tion, established by Congress in 1864, Feb. 15 if a music licensing agency fails select file to ensure appropriate en- houses two statues that represent to renew a registration or engages in forcement mechanisms and penalties important historical figures from each business without registration. for noncompliance, which she said is state. Statues of Julius Sterling Morton Larson said the act is intended to important given the role that bottle and William Jennings Bryan currently stop Nebraska businesses from being clubs play in human trafficking. represent Nebraska. harassed. Larson said he was willing to work Federal legislation passed in 2000 “The Music Licensing Agency Act on specific enforcement measures, authorized states to request that one would provide protections for any ven- although he emphasized that human or both statues be replaced by the ue that hosts live music performances trafficking is a separate issue. Joint Committee on the Library of and are being aggressively contacted by “The Nebraska Liquor [Control] Congress. agencies claiming to hold copyrights Commission won’t have enforcement LB807, introduced by Omaha to the music being performed and over human trafficking,” he said. “But Sen. Burke Harr, demanding a licensing fee,” he said. we can set out enforcement mecha- would direct the Omaha Sen. Theresa Thibodeau of- nisms when there is a liquor license Nebraska secretary fered an amendment to the committee violation, and that is reasonable and of state to submit a amendment, ad- needs to happen.” request to approve opted 34-0, that The amendment also would add the replacement of would provide back the following provisions origi- the Morton statue licensure for bot- nally contained in LB1120: with one of Pulit- Sen. Burke Harr tle clubs—private • allowing Class C licensees with zer Prize-winning author Willa Cather. clubs where mem- a bottling endorsement to in- A National Statuary Hall Selection bers bring their crease the size of their growlers Committee composed of members of own alcohol. Sen. Theresa Thibodeau from 32 to 64 ounces; the Nebraska Hall of Fame Commis- Thibodeau introduced LB747 this • clarifying that the fees collected sion would be tasked with selecting a session in an effort to regulate bottle for beer shipper licenses are to sculptor for the statue and securing clubs, but said the provisions in the be deposited in the Nebraska funding.

PAGE 8 • UNICAMERAL UPDATE • 105TH LEGISLATURE April 3 - 6, 2018

A Government, Military and Vet- court, open administrative proceeding fectively participate in a convention erans Affairs Committee amendment, or meeting or disclosed by a public of the states.” adopted 35-0, authorized the replace- entity pursuant to its duties. The Legislature would elect five ment of the William Jennings Bryan LB902, introduced by Brainard delegates and five alternative delegates statue with one of Chief Standing Sen. Bruce Bostel- from its membership to represent the Bear. It also clarified that the costs man, would add state at a convention. Both would be associated with replacing both statues to those exemp- required to take an oath promising to would be paid by private donations. tions information not vote on any amendment to the Gordon Sen. spoke regarding firearm U.S. Constitution that has not previ- in support of the bill and the amend- registration, pos- ously been approved by the Nebraska ment, saying that Willa Cather and session, sale or use Legislature. Chief Standing Bear are strong rep- that is obtained by Sen. If a delegate does cast an unau- resentatives of Nebraska’s diverse a government entity for an application thorized vote, he or she would be cultural history. or permit. Such information would, disqualified from continued service “This is in no way a task that we’re however, be available to any federal, in the role. Knowingly casting an doing to dishonor those who are state, county or local law enforcement unauthorized vote would be a Class there,” he said. “This is a chance to agency. IV felony, punishable by up to two share the rich history of Nebraska with Bostelman said the forms listed in years imprisonment with 12 months those who visit Statuary Hall.” the bill contain an abundance of per- post-release supervision, a $10,000 Sen. of Lin- sonal information that could be used fine or both. coln also supported the bill. William in a variety of negative ways, including Rather than selecting state sena- Jennings Bryan’s former home stands identity theft. The bill would provide tors, a Government, Military and in her district, she said, but she does a proper balance between concerns Veterans Affairs Committee amend- not view the bill as a dishonor to his regarding transparency and privacy ment specified that the lieutenant legacy. and safety considerations, he said. governor, state auditor, secretary of Instead, the bill would bring the The bill advanced to select file 32-0. state, state treasurer and speaker of the legacies of two other important Ne- Legislature would serve as delegates. braskans to the forefront, Pansing Proposal to require faithful Alternate delegates would be selected Brooks said. convention delegates fails by the Legislature’s Executive Board “It is a really fitting tribute to Ne- from the chairpersons and vice chair- braska to honor both Willa Cather A bill that would have placed restric- persons of the Legislature’s standing and Chief Standing Bear,” she said. tions on delegates to a potential Article committees. “Standing Bear was a statewide leader V convention of the states failed to Additionally, the state attorney and national leader for Native Ameri- advance from general file April 5. general would have sole authority in cans and therefore, for all of us.” LB1058, introduced by Hastings determining whether a vote is unau- Senators advanced the bill to select Sen. , would provide thorized. file on a 37-0 vote. the rules and pro- Supporting the measure was Crete cedures necessary Sen. Laura Ebke. She said there needs Firearm public information to guide a delega- to be a clear and thoughtful process exemption advanced tion to an Article in place to choose delegates who will V delegation. Hal- represent the state’s interests most ac- Lawmakers gave first-round ap- loran said 28 out curately and responsibly. proval April 3 to a bill that would of the 34 states “It’s important to realize that authorize the withholding of certain required to call a Sen. Steve Halloran LB1058 has nothing to do with the public information relating to fire- convention have done so and Ne- call of a convention, but is asking arms. braska must be prepared. the Legislature to be prepared should Under current law, specific types “As a state, we must be prepared to a convention be called,” Ebke said. of information may be withheld from act when called,” he said. “This would “There needs to be some sort of a the public unless disclosed in an open provide the framework needed to ef- structure because otherwise we’re just

105TH LEGISLATURE • UNICAMERAL UPDATE • PAGE 9 April 3 - 6, 2018 making it up.” LB1065, introduced by Gretna appearance can change dramatically Lincoln Sen. Adam Morfeld op- Sen. John Murante, would authorize over a decade. posed the bill. He said that once the the use of elec- “I believe that it raises Fourteenth convention begins, every part of the tronic poll books Amendment concerns along with a Constitution will be on the table. in each precinct host of other concerns in some of “It’s so easy to have a runaway in the state. As those subjective judgements that we’d convention because there are so few introduced, the be putting [poll workers] in the posi- guidelines and rules within that article bill would require tion of making,” he said. of our Constitution to be able to guide EPBs to contain In addition, Morfeld said, many a convention,” Morfeld said. “The last a list of registered Sen. John Murante voters would have difficulty appearing constitutional convention we had at voters and the sign-in register for the in person within the bill’s time frame the federal level is when we got rid of precinct in one database that would to provide proof of their identity if the Articles of Confederation and we include voter information, a digital they were challenged on election day ended up with an entirely different image and the digital signature for and voted provisionally. Election form of government.” each registered voter in the precinct. offices are open only during regular Also opposing the bill was Lincoln Murante said the change to an business hours and transportation Sen. Kate Bolz, who said a conven- electronic version of the voter rolls would be a challenge for those who tion called to pass a balanced budget has decreased the time it takes for rely on public transportation or live amendment could have a devastating citizens to vote by as much as 25 per- in rural areas, he said. impact on the state’s budget. Nearly cent in states that have adopted the Bellevue Sen. agreed, $3 billion in federal funding comes technology. Most forms of election saying the bill would add restrictions into the state budget, Bolz said, with technology must be certified by the on voting instead of making elections $400 million going to the K-12 public secretary of state’s office, he said, and cheaper and easier to conduct. A bet- school system alone. there currently is nothing in Nebraska ter focus would be updating comput- “I have no problem with fiscal law to allow counties or election com- ers and voting systems to ensure the restraint ... however, I think a conven- missioners to use EPBs. integrity of elections, she said. tion of the states could make sweeping “LB1065 is, in my mind, the first “We need to invest in making it changes that have a significant impact step on what will undoubtedly be a easier to vote, making it less expensive on the quality of life in Nebraska,” long journey in updating and modern- for counties, making our systems more she said. “What I think we imperil by izing Nebraska’s election technology,” secure and updating our computers empowering a convention of the states Murante said. that need to be updated—that’s where is rather than holding our federal del- Under the bill as introduced, a we need to focus our emphasis on egation accountable, we kick it to the person whose identity is questioned making sure that we’re using technol- convention, which could make sweep- due to his or her digital image in an ogy to make our elections more effec- ing changes that will impact everything electronic poll book could cast a provi- tive,” Crawford said. that we receive federal funds for.” sional ballot. The individual would be Murante said he was willing to The committee amendment failed required to appear before the election work between general and select file to on a 20-24 vote. commissioner or county clerk within find a pathway forward on the bill. He LB1058 failed to advance on a 23- seven days after election day and have offered an amendment to a pending 21 vote. It is unlikely to be debated his or her identity confirmed. Government, Military and Veterans again this session. Lincoln Sen. Adam Morfeld op- Affairs Committee amendment, ad- posed the bill. While agreeing on the opted 31-0, that removed all but the Electronic poll book proposal need to modernize Nebraska’s election provision authorizing the use of EPBs narrowed, advanced technology, he said the inclusion of with digital signatures included. digital images—and the ability for poll Senators then adopted the commit- Senators significantly narrowed a workers to challenge a voter based tee amendment 36-0 and advanced the proposal April 5 that would codify on those images—was problematic. bill to select file 39-0. the use of electronic poll books in A driver license photo is valid for 10 Nebraska. years, he said, and an individual’s

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Attempt to revive voter ID voter identification on the books,” proval April 6. constitutional amendment fails Murante said. The entitlement was halted for Lincoln Sen. Adam Morfeld spoke fiscal year 2017-18 and FY2018-19 Senators rejected a cloture motion in opposition. People only support during the 2017 legislative session in April 5 during first-round debate on voter ID laws because individuals in order to bring Nebraska into compli- a measure that would ask Nebraskans power have misled them into believing ance with federal law. The entitlement to decide whether voters must show that voter impersonation is an issue, prioritized services for graduates or identification at the polls. he said, even though evidence for that those reaching age 21, which violates LR1CA, introduced by Gretna assertion does not exist. a home and community-based services Sen. John Murante, stalled during “It is the rarest form of fraud,” waiver federal requirement that the general file debate last session when Morfeld said. “You and I are more state first serve individuals with the an attempt to invoke cloture and cease likely to be struck by lightning twice highest priority status. debate failed. The proposal was given a than to be the victim of voter imper- LB793, as intro- priority designation this year, allowing sonation fraud.” duced by Ralston it to be placed on the agenda again for In addition, he said, voter ID Sen. , further debate. would place an unnecessary burden would have perma- The measure would place a pro- on the elderly, students, low-income nently eliminated posed constitutional amendment on individuals and others. The secretary the entitlement, the November 2018 general election of state repeatedly has indicated that which otherwise ballot. If approved, the amendment voter impersonation is not an issue in would resume in Sen. Merv Riepe would require voters in Nebraska to Nebraska, Morfeld said, so lawmakers FY2020. present an ID containing a photograph should focus on election technology Riepe said he had worked to find or digital image prior to casting a ballot. concerns rather than restricting bal- alternative language that would be a The Legislature would be tasked lot access. “win-win for all parties.” The new with determining the specifics of After an hour of debate, Murante language, contained in an amendment the voter ID requirement through offered a motion to invoke cloture, or offered by Gering Sen. , enabling legislation. cease debate and vote on the bill. The was adopted on a vote of 27-6. Murante said that since last session motion failed on a 24-18 vote. Thirty- Under the amendment, if the state he had spent time traveling the state three votes were needed. A failed Department of Health and Human discussing the issue with Nebraskans, cloture motion results in debate on Services does not have enough funds who he said overwhelmingly support a measure ceasing for the day. With to provide services to all eligible indi- voter ID. five days left in the legislative session, viduals under the waiver, the depart- “Folks around this state—and clearly LR1CA is unlikely to be placed on the ment would be required to provide around this country—are genuinely con- agenda again. comparable services only to high cerned about the integrity of elections: school graduates. about the conduct of elections, about Riepe described to the amendment the sanctity of elections, about whether as “trigger language” for the entitle- people’s votes are counted,” he said. ment. The 70 percent of Nebraskans who “The way the Legislature will know favor voter ID should have the op- that this provision is triggered is that every Sept. 15th the department will portunity to decide whether someone Elimination of developmental have to provide a notification to the who shows up to vote is “who they say disability entitlement amended, Appropriations and Health and Hu- they are and live where they say they advanced live,” he said. Such a requirement cur- man Services committees of whether rently is necessary to purchase certain A bill that would have permanently or not the provision is triggered, so medications, board a plane or cash eliminated an entitlement that priori- the Legislature may provide appropri- a check, he said, and also should be tized services for high school graduates ate funding for the services,” he said. required of voters. with developmental disabilities was The provision would sunset June “Over 35 states have some sort of amended and given first-round ap- 30, 2021, which Riepe said would pro-

105TH LEGISLATURE • UNICAMERAL UPDATE • PAGE 11 April 3 - 6, 2018 vide enough time to demonstrate that “This was a pilot project,” he said. school to meet the same standards individuals are being funded through “I haven’t been shown by anybody … of an accredited or approved school the Medicaid waiver. the examination of the results that under state Department of Education The amendment also contained shows me this is a necessary program regulations. provisions of Lincoln Sen. Kate that needs to continue.” Riepe offered an amendment, ad- Bolz’s LB1004. Riepe acknowledged the concerns opted 38-0, which would specify that if The amendment and said the Legislature would exam- a school-age child care program accepts would extend ag- ine ARDCs over the interim to answer reimbursement from a state or federal ing and disability questions about their functioning and program, DHHS would determine resource centers as effectiveness. whether the program complies with an ongoing com- Following adoption of the Stinner the requirements for reimbursement. ponent of Nebras- amendment, senators voted 33-1 to A Health and Human Services ka’s long-term care Sen. Kate Bolz advance the bill to select file. Committee amendment, adopted 38- continuum and require that ARDC 0, added provisions of five additional sites coordinate and establish partner- Child care safety bill becomes bills: ships as necessary with organizations omnibus public health • LB344, sponsored by Thurston specializing in serving aging individu- measure, advances Sen. Joni Al- als and persons with disabilities to brecht, which provide services. A bill intended to standardize child would change Bolz said ARDCs provide informa- care and protection rules at Nebraska credentials tion, referral and options counseling schools was amended to become an and regula- to seniors and individuals with dis- omnibus public health measure and tions for sub- abilities, which helps them stay in advanced from general file April 3. stance abuse their home and community when they Ralston Sen. Merv Riepe, sponsor centers; Sen. Joni Albrecht choose to do so. of LB1034, said • LB686, spon- “Since December 2016, ARDCs that currently both sored by Bel- have fielded 9,326 calls and, impor- the state Depart- levue Sen. tantly, ARDCs have created an esti- ment of Health , mated $4.5 million in cost savings by and Human Ser- which would helping individuals avoid higher cost vices and the state adopt the Psy- nursing home placements,” she said. Department of chology Inter- Under the amendment, the state’s Education have Sen. Merv Riepe jurisdictional Sen. Carol Blood area agencies on aging would be re- jurisdiction over elementary schools Compact; quired to establish partnerships with for the safety of children. DHHS has • LB894, spon- one or more lead organizations that oversight during programs before and sored by Bel- specialize in serving people with dis- after school that are located within a levue Sen. abilities to develop an ARDC plan. school, he said, and the Department Sue Craw- The department would provide a of Education has oversight during the ford, which report to the Legislature each Dec. school day. would adopt 1. Funding for the program would “The safety requirements are vastly the EMS come from the Nebraska Health Care different depending on the time of Personnel Li- Sen. Sue Crawford Cash fund for fiscal years 2018-19 and day,” Riepe said. “There is no addi- censure Interstate Compact, 2019-20. tional risk for these children before known as REPLICA; Bayard Sen. Steve Erdman opposed or after school, there are just different • LB924, sponsored by Riepe, the amendment, saying the services departments providing oversight.” which would change provisions that ARDCs provide are “duplicative” The bill would require the stan- within the Emergency Medical and that the measure would violate lo- dards of care and protection for Services Practice Act, Occupa- cal control by mandating that local area school-age child care programs located tional Therapy Practice Act and agencies on aging partner with ARDCs. within an accredited or approved Uniform Credentialing Act; and

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• LB1057, sponsored by Heart- for criminal background checks to be well John performed for initial licensure or rein- Kuehn, which statement if required by an interstate would change licensure compact and would provide provisions re- a number of new definitions. Increased game law damages, lating to the Kuehn said LB1057 would make records exemption for public prescription three basic changes to the state’s pre- power approved drug monitor- scription drug monitoring program by ing program. Sen. eliminating an inconsistent deadline Lawmakers gave final approval Albrecht said LB344 was introduced for veterinary reporting, distinguish- April 6 to a bill that was amended to as part of the governor’s occupational li- ing between different types of pharma- include several bills related to natu- censure reform legislative package. The cies and redefining dispenser to ensure ral resources, including a provision bill provides an alternative method to that those dispensing in an in-patient that allows public power utilities to obtain an alcohol and drug counseling facility have access to the PDMP. withhold information that could give license or mental health practice license Seward Sen. competitors an advantage. in Nebraska through reciprocity with LB1008, intro- other states, she said. offered an amend- duced by Brainard “[It] reduces regulatory burdens ment to the commit- Sen. Bruce Bostel- by streamlining the separate licensing tee amendment to man, increases processes for mental health centers add provisions of his the amounts of and substance abuse treatment cen- LB703 and LB704. liquidated dam- ters,” she said. LB703 would Sen. Mark Kolterman ages for a person Riepe said LB686 was introduced in provide an exemption from Nebraska’s who illegally sells, Sen. Bruce Bostelman an attempt to remove as many hurdles unlawful practice of medicine statutes purchases, takes or possesses certain to employment as possible for veterans for physicians from another state who wildlife. and military spouses by facilitating accompany an athletic team or orga- It increases damages for: the practice of telepsychology. The bill nization into the state for an event. • mountain sheep from $15,000 would authorize telepsychology across The exemption would be limited to to $25,000; state lines in member states when the treatment provided to a team or or- • elk with a minimum of 12 compact becomes operational. ganization while present in Nebraska. points from $5,000 to $10,000 LB894 would enter Nebraska into LB704 would reduce the require- and from $1,500 to $3,000 for another compact, REPLICA, which ment for licensure of physician gradu- all other elk; would allow the state’s EMS person- ates of foreign medical schools from • whitetail deer with a minimum nel to provide care across state lines three to two years. Other licensure of eight points and a spread under authorized circumstances and requirements would not change. between beams of at least 16 to provide standardized practices and “This legislation will make Nebraska inches from $5,000 to $10,000; accountability for licensed EMS per- a more attractive place for foreign medi- • all other antlered whitetail deer sonnel from other REPLICA states to cal graduates to serve their residencies, from $1,000 to $2,000; provide intermittent care in Nebraska. which will in turn help our hospitals • antlerless whitetail deer and “Like other compacts, LB894 elimi- and our physician clinics recruit more whitetail doe deer from $250 nates red tape and allows licensed and physicians to our state,” Kolterman said. to $500; qualified EMS personnel to provide The amendment also included • mule deer with a minimum of care in another state under certain provisions of Riepe’s LB1035, which eight total points and a spread circumstances without having to ob- would make a technical change to the between beams of at least 22 tain additional licenses,” Riepe said. state’s Stroke System of Care Act. inches from $5,000 to $10,000 Riepe said many elements were Following adoption of the Kolter- and for all other mule deer from stricken from his LB924 to eliminate man amendment 37-0, lawmakers $1,000 to $2,000; opposition to the bill as introduced. advanced LB1034 to general file on • mountain lions, lynx, bobcats, The remaining provisions would allow a 39-0 vote. river otters or raw pelt from

105TH LEGISLATURE • UNICAMERAL UPDATE • PAGE 13 April 3 - 6, 2018

$500 to $5,000; and without a vote of the electorate. Pay- • wild turkeys from $100 to $500. ment for pension obligation bonds The bill includes provisions of would be from the school district’s four other bills heard by the Natural general fund and included in general Resources Committee this session. fund operating expenditures. Pension LB713, introduced by Sen. Steve OPS retirement funding option obligation bonds would be issued Erdman of Ba- considered within the $1.05 property tax levy lid. yard, increases The amendment would require compensation of Lawmakers debated a measure that the Omaha Public Schools district those serving on April 4 intended to address retire- contribute a total of $300 million the Nebraska Oil ment system pension obligations from a pension obligation bond to and Gas Conserva- for employees in the Omaha Public OSERS on or before Aug. 31, 2019. tion Commission, School District. Lindstrom said the injection of which regulates the Sen. Steve Erdman LB548, as introduced last session by $300 million into OSERS would allow oil and natural gas exploration and Omaha Sen. Brett the Nebraska Investment Council to production industry in the state. It Lindstrom, origi- “unravel” previous bad investment de- raises the per diem for commission- nally would have cisions made by OPS and the OSERS ers from $50 to $400 and increases consolidated the board. A different asset allocation of the annual compensation cap from Class V (Omaha) those funds would give the system a $2,000 to $4,000. School Employees chance to achieve the 7.5 percent rate LB820, introduced by Venango Retirement System of return on investment necessary to Sen. Dan Hughes, authorizes the (OSERS) with the Sen. Brett Lindstrom close the unfunded liability gap, he Nebraska Power Review Board to as- School Employees Retirement Plan said. sess a $500 fine on a private electric beginning in 2020. It also would stabilize the actuari- supplier that begins construction on Lindstrom proposed an amend- ally required contribution payments at a renewable energy generation facility ment this session that instead would approximately $20 million per year, he less than 30 days before notifying the expand the bonding power of school said. Lowering ARC payments in the board of its intent. districts in Nebraska to include bonds short-term would produce millions in LB762, also sponsored by Hughes, to address retirement system pension long-term savings for Omaha taxpay- extends the sunset date for the state’s obligations in an amount determined ers, he said, and allow OPS to schedule scrap tire grant program from 2019 by an actuary. predictable yearly payments. to 2024. He said that OPS currently is facing “I am asking that you grant us local Also included is LB822, which the actuarially required contributions to control,” Lindstrom said. “This is not committee replaced with an amend- OSERS in the tens of millions annu- a tax increase; this is a restructuring of ment authorizing the Nebraska Power ally to address the plan’s unfunded li- existing debt.” Review Board to withhold competi- ability to its members. Without action, Omaha Sen. Tony Vargas sup- tive or proprietary information that he said, those payments are expected ported the amendment. While not a would give an advantage to business to increase to about $45 million an- “silver bullet,” he said the ability to competitors. nually—and total approximately $900 issue a pension obligation bond would The bill defines such information million—over the next 30 years. be another tool for OPS to use—in ad- as that which “a reasonable person, “The unfunded liability is not dition to budget cuts that they already knowledgeable of the electric util- going away,” Lindstrom said. “We’re are making—to deal with the problem. ity industry, could conclude gives an going to have to pay it regardless if we “By issuing this bond under the advantage to business competitors.” do this or if we do something else.” current levy, which is not new debt The bill passed on a vote of 42-4. A Retirement Systems Committee … it would allow stability and more amendment would replace the bill and predictability in the payments that authorize any school district to issue would be required,” he said. pension obligation bonds for payment Seward Sen. Mark Kolterman, of obligations to the retirement system chairperson of the committee, said

PAGE 14 • UNICAMERAL UPDATE • 105TH LEGISLATURE April 3 - 6, 2018 he agreed to have the amendment tions providers the right to collocate debated on the floor although he small cell wireless technology in public opposed its adoption. Issuing the rights of way. pension obligation bond would tie the Introduced by Sen. Curt Friesen hands of future OPS administrations, of Henderson last Tax credit extended to county he said, by allowing them to use only session, LB389 is volunteer emergency responders .93 cents of their $1.05 levy. intended to cre- Kolterman said a better option to Volunteer emergency responders ate uniform, state- address the $713 million in unfunded serving a county may qualify for a wide standards liability would be to attempt a levy tax credit under a bill passed by the for the regulation override, which would require voter Legislature April 6. and deployment Sen. Curt Friesen approval. In 2016, the Legislature created a of small wireless “That’s one thing I didn’t appreci- $250 refundable income tax credit facilities, or small cells. ate about this amendment,” he said. for volunteer emergency responders, Friesen said 13 other states, including “We’re going to issue $300 million [in rescue squad members and firefight- Colorado, Iowa, Kansas and Minnesota, bonds] without a vote of the elector- ers who serve a city, village or rural have passed similar legislation. Wireless ate.” or suburban fire protection district. companies are set to spend hundreds Sen. of Omaha A point system determines annual of millions of dollars in Nebraska to also opposed the amendment. OPS qualifications for the credit. install small cells, which are short-range already has extensive debt, she said, Sen. Dan Hughes of Venango, cellular nodes needed to support fifth- and taking on more is not the solution sponsor of LB760, generation wireless technology, called to the district’s problems. The state has said the 2016 5G. But without the “regulatory relief” currently pays more than $300 million bill inadvertently that LB389 would provide, Friesen said, in state aid annually to OPS, she said, left out county wireless companies will invest in those yet the district is failing its students. volunteers. LB760 other states first. OPS passed a bond a few years ago includes those vol- “A yes vote supports accelerated close to $500 million, she said, and unteers and pro- deployment of small cell for 5G tech- is set to have a $400 million bond on vides retroactive Sen. Dan Hughes nology,” he said, “while a no vote lets the ballot in May. No banker would eligibility for 2016 and 2017 for those other states leapfrog Nebraska and agree to another $300 million in bond who meet the criteria. send a signal that we aren’t open for debt, she said. A county board may approve and business.” “They are $700 million behind certify a list of qualifying volunteers A pending Transportation and Tele- on their retirement program, they’re for 2016 and 2017 no later than 30 communications Committee amend- almost another $1 billion in debt and days after the effective date of the bill. ment would replace the bill. It would they’re talking about cutting staff and Volunteers who met the requirements allow a wireless provider to collocate, or building schools,” Linehan said. for both years are eligible for the tax attach, small wireless facilities to wireless The committee amendment failed credit for the 2017 tax year. structures and utility poles and install, on a vote of 22-17. The bill passed on a vote of 44-0. maintain, modify, operate and replace Following nearly three hours of utility poles in the public right of way. debate, the Legislature moved on The amendment defines a small to another item on the agenda. Per wireless facility as one with an antenna a practice implemented last year by enclosure of no more than 6 cubic feet Speaker Jim Scheer, the sponsor of a in volume; other equipment associ- bill that is facing a potential filibuster ated with the facility could be no more must demonstrate sufficient support Collocation regulations for than 28 cubic feet in volume. for a cloture motion before the mea- small wireless facilities debated A political subdivision, or authority, sure will be scheduled for additional could require an applicant to obtain debate. Lawmakers debated a bill April 4 one or more permits to collocate a small that would give wireless communica- wireless facility or install a new, modified

105TH LEGISLATURE • UNICAMERAL UPDATE • PAGE 15 April 3 - 6, 2018 or replacement utility pole associated the deployment of 5G technology across Transportation omnibus bill with a small wireless facility. The applica- the state. Faster download speeds would passed tion would be deemed approved if the benefit public safety, health care, educa- authority fails to approve or deny the tion and economic growth, he said. A bill that makes numerous chang- application within 90 days after receipt. “LB389 will allow the private sector es to existing motor vehicle titling and An authority could deny an appli- to pay for the infrastructure upgrades registration laws was passed by the cation only under certain conditions, that will benefit all these areas and Legislature April 6. such as if the collocation interferes more, with no cost to the taxpayer,” LB909, introduced by Brainard with the safe operation of traffic con- Lowe said. Sen. Bruce Bostelman, requires that trol equipment or with sight lines. Papillion Sen. Jim Smith opposed certificates of ti- The permit would be valid for at least the bill and filed a bracket motion tle for assembled 10 years and would be renewed if the on it, which effectively would end and kit vehicles applicant remains in compliance with debate on the bill this session. He include the year, the bill’s criteria. said LB389 would put other commu- make and model The authority could charge an ap- nications companies at a disadvantage that the vehicle re- plication fee only if it charges other and would weaken local governments’ sembles. The title entities for the use of the right of way ability to regulate the location and ap- also must indicate Sen. Bruce Bostelman and if the fee is required for similar pearance of small cells. Similar legisla- that the vehicle is reconstructed. types of commercial development or tion passed in other states is the result A vehicle owner can apply for a construction within the authority’s of compromises among competing title by presenting a certificate of title jurisdiction. interests, he said. for one major component part, a no- The application fee for the col- “This bill is not a compromise,” tarized bill of sale for all other major location of small wireless facilities on Smith said. “This bill is basically a component parts that have been re- an existing or replacement authority piece of legislation that has been placed, a statement that an inspection pole could not exceed $100 each for drawn up, prepared and introduced has been conducted on the vehicle and the first five small wireless facilities on by the wireless industry.” a vehicle identification number. an application and $50 for each addi- Sen. John McCollister of Omaha The certificate will include the tional facility on the same application. also opposed the bill, saying that wire- year application for the title was made The application fee for the installa- less companies and local governments and the make of the vehicle as as- tion, modification or replacement of a should determine the market price for sembled. The base registration fee for utility pole and the collocation of an installing equipment in the public assembled, reconstructed and replica associated small wireless facility could right of way, not the state. Wireless vehicles is $5, the same as automobiles not exceed $250 per pole. companies are promoting 5G technol- with a new value of less than $20,000. An authority could charge compa- ogy to make a profit, he said, and cities The bill includes provisions of 10 nies no more than $20 annually for should ensure that they get a good additional bills, including: each collocation on an authority’s price for the use of public property. • LB900, introduced by Bostel- utility pole. “A city has a responsibility to its man, which updates references Friesen said the city of Lincoln taxpayers to make a return wherever to federal transportation laws charges communications companies as they can,” McCollister said. and increase fines for certain much as $2,000 annually for each piece The Legislature moved to the next motor carrier statute violations; of equipment a company attaches to a item on the agenda before voting on • LB860, in- city utility pole. Cities should be able the bracket motion, the committee troduced by to cover the cost of processing permit amendment or the bill. Per a practice Henderson applications and maintaining utility implemented last year by Speaker Sen. Curt poles, he said, but such high fees deter Jim Scheer, the sponsor of a bill that Friesen, private investment and serve as a hidden is facing a potential filibuster must which pro- revenue stream for local governments. demonstrate sufficient support for a vides com- Sen. John Lowe of Kearney support- cloture motion before the measure will pensation Sen. Curt Friesen ed the bill, saying that it would speed be scheduled for additional debate. for motor vehicle dealers affected

PAGE 16 • UNICAMERAL UPDATE • 105TH LEGISLATURE April 3 - 6, 2018

by recalls and stop-sale orders; operative development. • LB980, in- date for cer- “Vehicles with this technology are troduced tain sections already being produced,” she said. by Syracuse relating to “This is our opportunity to stay com- Sen. Dan electronic petitive with this technology while Watermeier, certificates ensuring the safety of Nebraskans by which allows of title would putting in place proper oversight.” for the trans- be no later Sen. A Transportation and Telecom- portation of Sen. than Jan. 1, 2021; munications Committee amendment divisible loads of hay bales on • LB1049, introduced by Harr, would have authorized the testing of the interstate; which amends the definition autonomous vehicles statewide under • LB1011, introduced by Omaha of low-speed vehicles to include a special permit authorized by the state Sen. Burke Harr, which re- certain three-wheeled motor Department of Motor Vehicles. quires a driver vehicles; and O’Neill Sen. Tyson Larson intro- approaching • LB1136, introduced by Elmwood duced an amendment, adopted 32-1, a tow truck, Sen. Robert Clements, which that replaced both the committee maintenance provides a amendment and original bill. As vehicle or gar- mechanism amended, these provisions would au- bage or recy- for online thorize the operation of autonomous cling service auto auc- vehicles on all state roads and high- vehicle to pro- Sen. Burke Harr tions to ob- ways, as long as the vehicle is capable ceed with caution and move over tain titles of operating in compliance with traffic if possible; for vehicles and motor vehicle safety laws. • LB1092, in- purchased Sen. Robert Clements Larson said his amendment would troduced by as salvage vehicles. encourage growth, development and Papillion Sen. The bill passed on a 46-0 vote. expansion of autonomous vehicles in Jim Smith, Nebraska. which creates Operation of autonomous “If Nebraska doesn’t allow for separate pro- vehicles debated autonomous vehicles, it essentially cedures for Sen. Jim Smith puts a box around the state,” he said. operators of autocycles that are Driverless cars could be traveling “Nebraska’s neighbors will be the not completely enclosed; on city streets under a bill discussed beneficiaries of pilot projects and will • LB740, in- by lawmakers April 4 and 5. be experiencing technology that is the troduced by LB989, as originally introduced by future of the industry.” Omaha Sen. Lincoln Sen. , would An autonomous vehicle may or Brett Lind- have authorized a may not contain a human driver. If a strom, which city of the primary human driver is present in the vehicle, allows the class to conduct he or she must be a licensed driver and Metropolitan a pilot project to covered by insurance. Utilities Dis- Sen. Brett Lindstrom test autonomous The amended bill also would au- trict to register vehicles in the same vehicles, which thorize the operation of an on-demand manner as public power districts operate without a autonomous vehicle network, which beginning Jan. 1, 2023; human operator. Sen. Anna Wishart could provide transportation of per- • LB895, introduced by Lincoln Currently, Lincoln is the only primary sons or goods, including for-hire trans- Sen. Suzanne Geist, which class city in the state. portation or public transportation. makes a series of technical up- Wishart said that autonomous Political subdivisions would be pro- dates to current DMV statutes; vehicle technology is full of promise hibited from imposing any additional • LB896, also introduced by in the areas of safety, mobility, fuel performance requirements or taxes Geist, which clarifies that the efficiency, agriculture and economic that relate specifically to the operation

105TH LEGISLATURE • UNICAMERAL UPDATE • PAGE 17 April 3 - 6, 2018 of an autonomous vehicle. must demonstrate sufficient support Sen. Suzanne Geist of Lincoln had Henderson Sen. Curt Friesen filed for a cloture motion before the mea- offered an amendment to strike the a motion to bracket the bill until April sure will be scheduled for additional land bank provisions from the bill, say- 18. He said issues like insurance cover- debate. ing she was hesitant to give extensive age and accident liability still have not authority to an unelected entity. The been discussed. amendment was pending when the “I was looking forward to see- Legislature moved to another item on ing Lincoln test the technology and the agenda after three hours of debate. now [the bill has] been hijacked and When debate resumed April 3, opened up [so that] we can have ve- Urban affairs omnibus bill Geist said her concerns remained hicles operating fully autonomously,” advanced with land bank that the land bank provisions were Friesen said. “We haven’t addressed provisions intact too broad and would increase the many of the issues that come with size of government. She said the pilot autonomous vehicles. We are not A bill that was amended on general program in Omaha may not be right prepared for this.” file to become an omnibus Urban for all of Nebraska. Supporting the bracket motion was Affairs measure was given first-round “I believe the jury is still out on Omaha Sen. Ernie Chambers. He said approval April 3. whether this is a helpful program or supporters are willing to risk the safety As introduced by the Urban Affairs not,” she said. “I think we need to give of all drivers to win grant funding. Au- Committee, LB873 would make a that more time before we push this tonomous vehicles will be operating variety of clean-up changes to state law across the entire state.” alongside human drivers, Chambers related to the governing of cities, includ- Omaha Sen. Justin Wayne, chair- said, which puts everyone at risk. ing clarifying terms and eliminating person of the Urban Affairs Com- “These cars are programmed to antiquated and unnecessary language. mittee, opposed the amendment. He function according to the laws and Debate focused on provisions re- said land banks provide a valuable rules of the road, but not everyone lated to expanding land bank author- public service by dealing with vacant, follows the rules of the road,” he said. ity statewide, which were added to the abandoned and delinquent properties Bellevue Sen. Carol Blood support- bill by an Urban Affairs Committee in an attempt to return them to the ed the bill and opposed the bracket amendment adopted during general tax rolls. motion. She said the state needs to file debate March 20. The amendment failed on a vote embrace technology and stop being The provisions, originally intro- of 17-20. scared of innovation. duced by Grand Island Sen. Dan The previously adopted committee “It is time for Nebraska to be in Quick as LB854, amendment also contained provisions the forefront for once,” Blood said. would allow any of five additional bills: “We don’t need to do the research. Nebraska munici- • LB735, introduced by Bellevue The research has already been done.” pality to create a Sen. Carol Blood, which would Also opposing the bracket mo- land bank under clarify that tion was Lincoln Sen. Patty Pansing the Nebraska Mu- municipali- Brooks. She said the state needs to nicipal Land Bank ties have the seize opportunities when they come. Act and clarify that Sen. authority to “Technology happens way more land banks may enter into agreements enter into rapidly than we can anticipate,” under the Interlocal Cooperation an interlocal Pansing Brooks said. “If we’re not Act for the joint administration of agreement ready, it’s going to take us by storm.” multiple land banks. with a coun- Sen. Carol Blood The Legislature moved to the next Currently, only municipalities in ty in which the extra-territorial item on the agenda before taking Douglas and Sarpy counties are eligible zoning jurisdiction of the mu- any additional action on the bill. Per under state law to create land banks, or nicipality is located to provide a practice implemented last year by tax-exempt political subdivisions that for joint and cooperative action Speaker Jim Scheer, the sponsor of a acquire, manage and develop vacant to abate, remove or prevent bill that is facing a potential filibuster and tax-delinquent properties. nuisances within the ETJ;

PAGE 18 • UNICAMERAL UPDATE • 105TH LEGISLATURE April 3 - 6, 2018

• LB748, introduced by Lin- either when adopting a new or cent the amount coln Sen. , which updating an existing compre- of funds eligible would clarify hensive plan. to be requested references to LB873 also was amended March 20 by municipalities municipal to include provisions of LB756, intro- and reduces from population duced by Lincoln Sen. Adam Morfeld, five to two years thresholds, which would pro- the period that providing hibit municipali- a municipality Sen. Curt Friesen that such ties from adopt- must wait between grants awards. thresholds Sen. Matt Hansen ing or enforcing The CCCF fund is supported by are met based on either the an ordinance or a turn-back of 30 percent of new state most recent federal decennial regulation that sales tax generated by arenas constructed census or the most recent re- prohibits the use under the Convention Center Facility vised certified count by the U.S. of a property as a Sen. Adam Morfeld Financing Assistance Act and the Sports Bureau of the Census; short-term rental, unless necessary to Arena Facility Financing Assistance Act • LB765, introduced by the Ur- protect public health and safety. and retailers near the arenas. Grants ban Affairs Committee, which The provisions authorize an online from the fund are awarded to communi- would amend sections of law hosting platform to enter into an ties based on a project’s readiness, finan- governing first class cities to agreement with the state tax commis- cial support and likelihood of attracting clarify that they apply only to sioner to collect and pay applicable new activity to Nebraska. first class cities; sales taxes imposed under Nebraska The bill expands the list of eligible • LB768, introduced by Quick, law on behalf of short-term renters. CCCF properties to include parks and which would authorize first- and The bill advanced to select file on historic buildings or districts. It also second-class cities and villages a vote of 26-4. clarifies that property receiving a grant to make grants and loans under under the CCCF Act must be owned the Local Option Municipal Community grant program by the municipality and cannot be sold Economic Development Act for expanded within five years of receiving a grant. early childhood infrastructure Applications from municipalities development; and Grant limitations under the state’s that have not received grant funds • LB880, introduced by Hansen, Civic and Community Center Financ- within the last 10 years will be given which would require cities to ing Act are expanded under a bill priority by the state Department of include an early childhood ele- passed April 6. Economic Development. ment in their comprehensive LB940, introduced by Henderson The bill passed 48-0 and takes ef- plans no later than Jan. 1, 2022, Sen. Curt Friesen, increases by 50 per- fect immediately. g

U.S. Congress contact information

Senator Deb Fischer Congressman Jeff Fortenberry Congressman Adrian Smith United States Senate (District 1) (District 3) 454 Russell Senate Office Building 1514 Longworth House Office Building 320 Cannon House Office Building Washington, D.C. 20510 Washington, D.C. 20515 Washington, D.C. 20515 Tel. (202) 224-6551 Tel. (202) 225-4806 Tel. (202) 225-6435

Senator Ben Sasse Congressman Don Bacon United States Senate (District 2) 136 Russell Senate Office Building 1516 Longworth House Office Building Washington, D.C. 20510 Washington, D.C. 20515 Tel. (202) 224-4224 Tel. (202) 225-4155

105TH LEGISLATURE • UNICAMERAL UPDATE • PAGE 19 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