UNICAMERAL UPDATE Stories published daily at Update.Legislature.ne.gov Vol. 39, Issue 3 / Jan. 19 - 22, 2016 Chief justice highlights Vaccination bill court improvements fails to advance ocusing on prog- bill that would have required ress made regarding Nebraska teens to be vac- Fcriminal justice re- A cinated for meningococcal form, Chief Justice Michael disease stalled Jan. 20 after a debate Heavican of the Nebraska spanning two days. Supreme Court delivered LB18, introduced by Omaha Sen. his State of the Judiciary Bob Krist last ses- address to the Legislature sion, would have Jan. 21. added the menin- Heavican began his gococcal vaccines remarks by acknowledg- recommended by ing the service of retired the U.S. Centers Justices Ken Stephan and for Disease Con- Mike McCormack, who trol and Prevention Sen. Bob Krist left the state Supreme (CDC) to the required immunizations Court last year. He also wel- for students enrolled in Nebraska comed Justice Stephanie schools. Two doses would have been Stacy who was appointed required—one when a student enters sev- to fill Justice Stephan’s enth grade and another after turning 16. seat. Chief Justice Michael Heavican addressed senators in the According to the CDC, meningitis Discussing the achieve- Norris Chamber. is a relatively uncommon but serious ments and challenges facing Ne- which serves nearly 500 incapacitated disease caused by the inflammation of braska’s court system, Heavican said Nebraskans who have no one to serve the protective membranes surrounding the state motto of “Equality Before as their guardian. The office also the brain and spinal cord. Meningitis, an the Law” is a guiding principle for the provides education, information and outcome of meningococcal disease, usu- judicial branch. support to 11,000 individuals who ally is caused by viral or bacterial infec- “It echoes the most basic principles serve as guardians and conservators tions spread by saliva or mucus and can upon which our state and our nation throughout the state. lead to loss of hearing and extremities, are founded,” he said. “The motto is Heavican said the court will need learning disabilities and brain damage. carved in stone on the entrance of this to work with the Legislature to con- Meningitis can be fatal in a short building and also appears above the tinue to improve the office, whose time, but it is often misdiagnosed be- bench in our court, in the governor’s resources already are stretched thin cause it has symptoms similar to the office and in the Warner Chamber.” by the number of individuals requir- flu. Teens and young adults are at in- The Chief Justice discussed several ing services. creased risk of contracting the disease. bills passed by the 2014 Legislature He also noted the success of LB605, Krist said that approximately 1,500 that had a significant impact on the which created important criminal jus- Americans contract meningitis every court system during the last year. tice reforms in Nebraska. The impact year. Ten to 15 percent of those cases One of those bills created the has been particularly significant within are fatal, he said, and about 20 percent Office of Public Guardian, he said, the state’s probation system, he said. of those who survive the disease are

(continued page 2) (continued page 2)

INSIDE: Packer ownership of hogs advanced • Juvenile confinement discussed • Hearing schedule • New bills January 19 - 22, 2016 Chief justice Vaccination bill fails to advance (continued from front page) highlights court left with permanent disabilities. the immunization conflicts with his or “Keeping our teens up to date with her religious beliefs. An amendment improvements vaccinations is the best defense against filed by Groene would have included (continued from front page) meningococcal disease known today,” philosophical beliefs in that exemption. Among other provisions, the bill Krist said. “The experts that have Sen. Laura Ebke of Crete opposed provided for new day and evening talked to me and asked me to bring the bill. She said public health officials reporting centers for adult probation this forward are convinced that this is should educate and advise people clients. Every reporting center has a the right thing to do.” about available vaccinations, but the supervised substance abuse supervi- Sen. John Kuehn of Heartwell state should not mandate them unless sion (SASS) program, he said. spoke in support of LB18. He said they inoculate against highly infec- “These centers average 6,000 visits increasing the number of people vac- tious diseases that pose a threat to a from probation clients each month cinated against meningitis would make large number of people. and provide services in every major it less likely that the disease could be “Even family physicians don’t agree community across the state,” he said. communicated to children younger on whether or not this is an appropri- “We are proud that 89 percent of the than 2, another group that is at in- ate thing for the state to mandate,” she clients released from the SASS pro- creased risk of contracting the disease. said. “The low number of cases causes gram in 2015 have been drug-free for “By reducing the incidence of me to question the need for govern- at least one year.” disease and the potential communi- ment force or government mandate.” In addition, Heavican highlighted cability among the 12- to 20-year-old Sen. Dan Hughes of Venango also progress in juvenile justice reform, population, we are protecting those opposed the bill. He said he does not improved access to the court system families with young children under 2 question the meningitis vaccination’s for self-represented litigants and tech- who don’t have the option or choice potential benefit, but he believes the nological advancements. for vaccination,” Kuehn said. state should not make it mandatory. “The mission of Nebraska’s judicial Sen. Mike Groene of North Platte “Every time we mandate something, branch is to provide the citizens of this opposed the bill. He said meningitis does we’re taking power away from the great state with an open, fair, efficient not pose a large enough risk to Nebraska’s individual,” he said. “And to me, the and independent system for the ad- young people to justify a mandate that parent’s responsibility to make those de- vancement of justice under the law,” would limit individual freedom. cisions for their children is paramount.” Heavican said. “We work to provide Current law allows a student to opt Krist filed a motion to invoke cloture, access to justice for all Nebraskans and out of a vaccination if he or she pro- or cease debate and immediately vote on to be certain that in Nebraska there is vides a physician’s statement that the the bill. The motion failed 29-14. Thirty- ‘Equality Before the Law.’” g vaccine would harm the student or if three votes were needed. The bill is un- the student submits an affidavit stating likely to be debated again this session. g UNICAMERAL UPDATE The Unicameral Update is a free, weekly newsletter published during the legislative session. It is produced by the Clerk of the Legislature’s Office through the Unicameral Information Office. For print subscriptions, call 402-471-2788 or email [email protected]. Visit us online at Update.Legislature.ne.gov and follow us on Twitter.com/UnicamUpdate.

Clerk of the Legislature: Patrick J. O’Donnell Editor: Heidi Uhing; Writers: Kyle Harpster, Kate Heltzel, Ami Johnson; Photographer: Bess Ghormley

Printed copies of bills, resolutions and the Legislative Journal are available at the State Capitol room 1104, or by calling 402-471-2709 or 800-742-7456. Status of bills and resolutions can be requested at that number or can be found on NebraskaLegislature.gov. Live video of hearings and floor debate can be viewed on NET2 and at NetNebraska.org/capitol.

Senators may be contacted by mail at this address: Senator Name, District #, State Capitol, P.O. Box 94604, Lincoln, NE 68509-4604

Assistance provided by the Clerk of the Legislature’s Office, the Legislative Technology Center, committee clerks, legal counsels, journal clerks, pages, transcribers, mail room and bill room staff and the State Print Shop. THE NEBRASKA LEGISLATURE’S OFFICIAL NEWS SOURCE SINCE 1977

PAGE 2 • UNICAMERAL UPDATE • 104TH LEGISLATURE January 19 - 22, 2016

that would ensure a producer’s right like Smithfield Foods at the expense to cancel a contract with a packer. of small independent farmers. The amendment also would allow the “This is brought by a big industry state Department of Agriculture to so they can integrate their market from birth to slaughter and beyond,” he Pork production bill advances adopt contract regulations that would protect producers from coercion and said. “The packers would then own After a debate spanning two days, unfair business practices. everything in this process that makes the Legislature advanced a select file A second Schilz amendment, ad- money. The producer would own bill Jan. 22 that would allow meatpack- opted 37-5, would ban confidentiality everything that costs money, and they ing companies to own hogs during clauses in contracts between growers would stand all of the risk.” production. and packers so growers would be free Schilz filed a motion to invoke clo- Under LB176, introduced by to share details of the contract with ture, or cease debate and vote on the Ogallala Sen. Ken others. bill, which succeeded 33-12. Thirty- Schilz last session, Sen. John Stinner of Gering spoke three votes were needed. a person who owns, in support of the bill. He said the mea- Senators then voted 32-12 to ad- leases or holds a sure would grow the state’s pork pro- vance the bill to final reading. Twenty- legal interest in a duction industry, adding to the state’s five votes are needed for advancement. swine production property tax revenue and boosting the operation could en- economies of rural communities that ter into a contract Sen. Ken Schilz face population loss. to produce swine for a packer. The “I think it’s an economic develop- producer, or contract grower, would ment tool,” Stinner said. “I think it’s a way of reversing some of the adverse own the land and facilities used to Task force would study early trends we’re seeing in rural Nebraska.” raise the livestock and the packer childhood education workforce would own the swine. Schilz made the Sen. Dan Hughes of Venango also bill his priority bill this session. supported the bill. He said lifting The Education Committee heard Schilz said Nebraska is the only the restriction would benefit rural testimony Jan. 19 on a proposed task state that prohibits packers from communities by creating more op- force that would recommend measures directly or indirectly owning hogs. portunities for young farmers. He said to increase the supply and quality of Because packers in other states are not Nebraska already exports most of its professionals providing early child- subject to that restriction, packers who agricultural products, many of them hood care and education in Nebraska. process Nebraska hogs simply could produced under contract. LB773, introduced by Sen. John move to a neighboring state, Schilz “There are contracts on virtually Stinner of Gering, said, shuttering their Nebraska plants everything we raise, and it’s good busi- would create the and eliminating thousands of jobs. ness,” he said. “If we want to grow our Early Childhood Between 1997 and 2007, the num- state, this is one way we can do it.” Workforce Devel- ber of hog farms in the state fell by Sen. Al Davis of Hyannis spoke opment Task Force. more than 60 percent, Schilz said, a against the bill. He said it would elimi- Stinner brought an trend he predicted will continue. He nate the open market that currently amendment to the said lifting the restriction would allow exists in Nebraska. If the bill passes, hearing that would Sen. John Stinner Nebraska’s pork production industry producers would have little choice but clarify the makeup of the task force, to grow and compete with those in to contract with large packers if they which would include representatives other states. want to sell their hogs. from child care providers, schools, “The packer ban is not saving small “That is really chaining those farm- businesses, higher education and state farms,” Schilz said, “and Nebraska is ers to a corporation,” he said. government, among others. losing to neighboring states that don’t Sen. David Schnoor of Scribner Stinner said the state’s early child- have the ban.” also opposed the bill, saying that it hood care and education workforce is The Legislature voted 38-5 to adopt would create one-sided business rela- deficient both in quantity and quality. an amendment introduced by Schilz tionships that favor large corporations This shortage of qualified profession-

104TH LEGISLATURE • UNICAMERAL UPDATE • PAGE 3 January 19 - 22, 2016 als leaves thousands of Nebraska the Nebraska Community College As- jurisdictions to respond to the inspec- children at risk of falling behind in sociation, also testified in support of tor general while still maintaining the school, he said. the bill. Miller, the program chair for judicial branch’s independence. “Early childhood experiences build early childhood education at Southeast “We passed [LB347 in 2015], the the foundation for a skilled workforce Community College, said the pro- governor signed it into law and there and a thriving economy,” Stinner said. gram’s placement rate for graduates is was a total neglect in following that “We cannot afford to ignore the costs 100 percent. She said graduates work in statute in jurisdictions across the and consequences associated with not child care centers, teach in Head Start state,” he said. “[LB954] would require developing our young children.” programs in schools, become nannies each judge, each jurisdiction to do The group would be responsible for or start home child care centers. things a certain way while preserving submitting a report to the Legislature No one spoke in opposition to the constitutional separation of powers.” by Dec. 1, 2017. The report would out- bill and the committee took no im- Upon receipt of orders from the ju- line the state’s current need for early mediate action on it. venile court or the Office of Probation childhood care and education workers, Administration, the juvenile services assess the current system for training division would grant direct computer them and make recommendations for access to all computerized records improving that system. The task force maintained by the division relevant would dissolve on Dec. 31, 2017. to a specific case under investigation. The report would include: Bill would ensure prompt The bill also directs the inspector • a description of statewide needs delivery of child welfare records general to immediately notify the for early childhood care and probation administrator of possible education professionals; Members of the Executive Board misconduct by an employee of the • the professional competencies heard testimony Jan. 22 on a bill that juvenile services division found during necessary to help children from would expedite delivery of confiden- an investigation. Pertinent informa- birth through third grade to tial records to the inspector general of tion regarding a potential personnel succeed in school; Nebraska child welfare. matter would be provided to the Of- • an evaluation of the state’s cur- A bill passed by the Legislature fice of Probation Administration. rent system for training early in 2015 expanded the jurisdiction of Julie Rogers, inspector general of childhood care and education the inspector general to include the Nebraska child welfare, spoke in favor professionals; and state’s juvenile services division of the of the bill. She said that obtaining • a statewide plan for training Office of Probation Administration. probation records has been incredibly early childhood care and educa- It authorized the inspector general difficult since the passage of LB347 tion professionals. to access confidential information last year. Jen Goettemoeller, a senior policy as- pertinent to investigations, including “Except for the records we’ve sociate at First Five Nebraska, testified video testimony from victims of abuse. received pursuant to court orders, in support of the bill. Goettemoeller LB954, introduced this year by our office has been unable to process said that more than 64,000 Nebraska Omaha Sen. Bob complaints,” she said. “I’m anxious to children younger than age 5 are at risk Krist, additionally get this process started, where we are of failing in school. A strong early child- would authorize able to do the work with which we’re hood care and education workforce is the inspector gen- charged.” critical to ensure students enter the eral to submit writ- Tom McBride, representing the K-12 system with the skills they need ten requests for Nebraska Juvenile Justice Association, to succeed, she said, but schools face a access to records also supported the bill. He said that shortage of qualified workers. of juvenile proba- Sen. Bob Krist it’s important to focus on the positive “Schools are telling us that they tion officers. The bill would require without ignoring issues affecting the simply can’t find the early childhood that those records be delivered within juvenile justice system. professionals to staff their early develop- five days of a juvenile court order. “We should never be afraid of talk- ment classrooms,” Goettemoeller said. Krist said the bill would go farther ing about addressing issues and mak- Julie Miller, speaking on behalf of than the previous bill to compel local ing the juvenile justice system better,”

PAGE 4 • UNICAMERAL UPDATE • 104TH LEGISLATURE January 19 - 22, 2016

McBride said. “We must realize that Spatz said electronic voting must have the assistance of someone else in issues and concerns will arise, some accomplish two things: letting everyone their home,” Mello said. more impactful than others, but that in the crowd know how officials voted, A consumer of home care services, each entity is trying and believes its and, if the record is being read, allowing or the parent or guardian of a con- doing its very best.” the public to know how everyone voted. sumer who is a minor, would have LB954 also directs the juvenile court No one testified in opposition to the right to: to provide confidential record informa- the bill and the committee took no • refuse service; tion to the Foster Care Review Office. immediate action on it. • have grievances addressed in a No one testified in opposition to timely manner; the bill and the committee took no • participate in the approval of immediate action on it. services and any changes in service; • receive care in a way that pro- motes his or her dignity and Home care consumer individuality; and protections proposed • information on the cost of ser- vices and whether those costs Bill would expand electronic The Health and Human Services are covered by insurance or a voting Committee heard testimony Jan. 21 on public or private program. a bill that seeks to enhance protections An individual who violates the Publicly elected bodies would con- for individuals who receive in-home bill’s provisions would be subject to a duct electronic roll call votes under a bill care services. civil penalty of $100 per violation, up discussed by the Government, Military Omaha Sen. Heath Mello, spon- to a maximum of $1,000. and Veterans Affairs Committee Jan. 21 sor of LB698, said Mello said it is a growing concern Currently, only specific political the measure was the that seniors and others often employ subdivisions can use an electronic result of a recom- caregivers without realizing that they role call vote for any action taken mendation from are considered contract employees, on any question the Legislature’s which can involve significant liabilities. or motion before Aging Nebraskans “The biggest issue is the relation- the body. LB876, Task Force. The bill ship with the employee and if they introduced by would create the Sen. Heath Mello are an employee of an agency or a con- Gretna Sen. John Home Care Consumer Bill of Rights, tractor of the consumer,” Mello said. Murante, would which would apply to individuals 60 “That was clearly the main concern we expand the elec- and older, those 18 and older with a dis- heard from a consumer perspective.” Sen. John Murante tronic voting op- ability and the parent or guardian of a Michaela Valentin, representing tion to all public bodies. minor who receives home care services. Home Instead Senior Care, testified Murante said that the idea for Mello explained that the bill essen- in support of the bill. If a caregiver is the bill was brought by many public tially was the same as a proposal that a contract employee—rather than an subdivisions. he introduced last session to protect employee of an agency—the consumer “[LB876] does not have anything consumers of home care services. The is responsible for taxes, payroll and to do with the election process but it measure was advanced to general file, scheduling and has no recourse for will allow voting to be done in a more he said, where a decision was made to theft or property damage, she said. expeditious manner,” he said. repurpose that bill into a vehicle for “It’s important for the client and John Spatz, representing the Ne- another proposal. the clients family to know what kind braska Association of School Boards, “My goal with LB698, as it was of employee will be handling the in- testified in support of the bill. He said with [the previous bill], is to ensure home care,” Valentin said. he frequently is asked why only some that the rights of Nebraska’s vulner- No opposition testimony was given political subdivisions have the author- able populations—such as the elderly and the committee took no immediate ity to conduct electronic roll call votes. and disabled—are protected when they action on the bill.

104TH LEGISLATURE • UNICAMERAL UPDATE • PAGE 5 January 19 - 22, 2016

Statewide stroke response coordinate efforts to get patients the ing children in out-of-home care have system proposed most appropriate care quickly. been interpreted to prohibit such “A patient’s chance of intervention participation, she said. Nebraska would develop a state- and a positive outcome should not be Under the bill, a prudent parent wide stroke system of care under a largely influenced by geography,” she standard would be developed for bill heard Jan. 22 by the Health and said, “yet often it is.” caregivers—whether in-home or in an Human Services Committee. James Bobenhouse, a stroke neu- institutional setting—that would allow Sen. Roy Baker of Lincoln, spon- rologist from Lincoln, also testified in caregivers to use their best judgment sor of LB722, said support of the bill. He said there are 14 in making day-to-day decisions about the Stroke System stroke centers in Nebraska, but large activities for youth in their care. To of Care Act cre- areas of the state are underserved. the extent possible, birth parents also ated by the bill Establishing protocols statewide would be involved in such decisions. would improve would help coordinate swift treatment, The bill also would require the state overall outcomes he said, noting that every 15 minutes of Department of Health and Human for stroke patients delay in treatment increases a patient’s Services to ensure that foster children in Nebraska. Sen. Roy Baker chance of death by 4 percent. age 14 and older are made aware of “Stroke is the fifth leading cause of “We need to treat a stroke as early their rights and responsibilities before death and the leading cause of disability as possible,” Bobenhouse said. aging out of the system, as well as hav- in the United States,” he said. “With No opposition testimony was of- ing access to certain documents. our aging population, I believe this leg- fered and the committee took no Required documents would in- islation is an important public policy.” immediate action on the bill. clude a copy of the individual’s birth Under the bill, the state Depart- certificate, medical and educational re- ment of Health and Human Services Bill seeks to normalize life for cords, family contact information and (DHHS) would compile a list of hospi- foster youth a list of local community resources. tals in the state that meet the criteria The bill would require juvenile to be a comprehensive stroke center, A bill that would implement provi- courts to ensure that children in fos- primary care stroke center or acute sions of a federal law designed to pro- ter care are able to engage in normal stroke-ready hospital. mote normalcy for foster care youth activities and make certain findings The department would adopt and was heard Jan. 21 by the Health and part of a child’s record. LB746 also distribute a nationally recognized, Human Services Committee. would establish the Normalcy Task standardized stroke triage assessment Lincoln Sen. Kathy Campbell, Force, with members appointed by tool and develop a plan for achieving sponsor of LB746, the Nebraska Children’s Commission. continuous quality improvement. A said normalcy in Kim Hawekotte, executive director task force also would be established the context of of the state Foster Care Review Office, by DHHS to address matters of tri- the foster system testified in support of the bill. age, treatment and transport of stoke means age and de- In 2015, there were more than patients. velopmentally ap- 3,000 children in out-of-home care Denise Gorski, testifying on behalf propriate activities in Nebraska, she said, and 35 percent of Nebraska Medicine, spoke in favor and experiences Sen. Kathy Campbell were in foster care for more than two of the bill. essential to the healthy development years. Hawekotte said the majority of Gorski said time is of the utmost of children and youth. foster children in the state are school importance to prevent brain tissue “Normalcy is about letting kids be aged and need access to developmen- death due to stroke, and Nebraska’s kids,” she said. tal experiences that will give them the fragmented approach to stroke care Campbell said it is important for tools to be successful adults. leads to significant variations in out- foster children to participate in extra- “This bill will impact each and comes for stroke victims. curricular and social activities such every one of those kids,” she said. Some hospitals in Nebraska are as field trips, sports, clubs, religious Raevin Bigelow, who aged out after not prepared to triage stroke victims groups, and family vacations and seven years in the foster care system, properly, she said, and LB722 would photos. Current regulations regard- also testified in support of LB746. She

PAGE 6 • UNICAMERAL UPDATE • 104TH LEGISLATURE January 19 - 22, 2016 said life in foster care did not prepare Crawford said that many Nebras- Hair braiding license her for being an adult, in part because kans will find themselves in the posi- exemption proposed she was not allowed a voice in deci- tion of caring for family and friends sions that affected her future. Taking as the state’s population ages, and Natural hair braiding would be ex- in part in the regular activities of youth lawmakers need to make sure that empt from cosmetology credentialing are important, she said. caregivers have the resources they need requirements under a bill heard Jan. “When you spend time in foster to help aging individuals stay in their 20 by the Health and Human Services care, you’re reminded plenty of times homes as long as possible. Committee. that your life is different from other “Last year over 43 million American Omaha Sen. Ni- kids,” Bigelow said. “Even if your fos- adults served as a family caregiver,” she cole Fox, sponsor ter parents do everything they can to said. “This [bill] ensures that these fam- of LB898, said the make sure you are healthy, safe, happy ily caregivers have the tools they need to bill would remove and loved, there are some things that keep their loved ones safe and healthy.” a regulatory barrier the foster system just doesn’t let foster Under the bill, if a patient choses for potential opera- kids do easily.” to designate a caregiver, the hospital tors of natural hair Foster parent Keri Rockwell also would be required to notify the caregiv- braiding businesses. Sen. Nicole Fox supported the bill. The odds are er of the patient’s discharge or transfer LB898 defines natural hair braid- stacked against children who enter to another facility. In addition, the des- ing as a service of twisting, wrapping, out-of-home care, she said, and ac- ignated caregiver would be consulted weaving, extending, locking or braid- tivities like sleepovers and family regarding the patient’s discharge plan. ing hair by hand or with mechanical vacations can give children a sense of As part of a discharge, the hospital devises without the application of normalcy and dignity. would be required to describe to the dyes, reactive chemicals, chemical “By passing LB746 you make kids designated caregiver a patient’s after- joining agents or other preparations to safe. You enrich and empower chil- care needs post-release or transfer, alter the color or structure of the hair. dren and youth to live productive, including a description and demon- Currently in Nebraska, operators capable and meaningful lives while stration of any aftercare tasks. who braid natural hair must graduate strengthening families in the process,” Mark Intermill, testifying on behalf from a school of cosmetology and Rockwell said. of AARP, testified in support of the bill. complete 2,100 hours of training. No one testified in opposition to He cited an AARP survey of Ne- Fox said that there have been no the bill and the committee took no brakans over the age of 45, saying public health issues relating to braid- immediate action on it. two-thirds of them reported being re- ing in states that do not license the sponsible for medical or nursing tasks practice. In addition, she said, licens- Bill seeks to ease hospital for a loved one. Of those individuals, ing something as common and safe transitions he said, 25 percent were not part of as hair braiding creates an artificial the discussions involving their loved barrier to entrepreneurs. The Health and Human Services one’s discharge from the hospital or “This bill is a good first step in Committee heard testimony Jan. 22 aftercare plan. allowing hardworking Nebraskans on a bill that seeks to facilitate patient Intermill said that because fewer the ability to earn an honest living transitions after a hospital stay. Nebraskans are entering nursing free from unreasonable government Bellevue Sen. Sue Crawford, spon- homes, unpaid caregivers need to be regulations,” Fox said. sor of LB849, said provided sufficient instruction and Brandy McMorris of Omaha testi- the bill would re- support to create a successful transi- fied in support of the bill, saying that quire a hospital to tion from hospital to home. current licensing requirements have give each patient “Many of the nursing tasks that used kept her from opening a hair-braiding or the patient’s to be performed at a licensed facility business. legal guardian are now performed at home,” he said. “I’ve never had anybody in my fam- the opportunity No one testified in opposition to ily who’s started their own business,” to name an indi- Sen. Sue Crawford LB849 and the committee took no she said, “and it’s always been a dream vidual as a designated caregiver. immediate action on the bill. of mine.”

104TH LEGISLATURE • UNICAMERAL UPDATE • PAGE 7 January 19 - 22, 2016

Jessica Herrmann, testifying on which produces heated air trapped in “Citizens should not have to worry behalf of the Platte Institute for a balloon-type covering, allowing the or wonder whether a hunting firearm Economic Research, also supported device to float in the air. The bill’s or handgun transported in their ve- the bill. Eleven states have exempted provisions would not apply to hot-air hicle is in violation of the law in the braiders from cosmetology require- balloons used for transportation. city of their destination or that they’re ments, she said, as most of the courses Violation of the bill’s provisions traveling through,” she said. “[LB289] required for the degree have nothing would be categorized as a Class V mis- would provide consistent statewide to do with hair braiding. demeanor, punishable by a $100 fine. uniformity with local firearm enact- In addition, Herrmann said, a Omaha Sen. Ernie Chambers sup- ments while continuing to allow cosmetology degree costs as much as ported the bill, saying there are no communities to enact regulations on $20,000 and a student must have a benefits to allowing the sale of the gun discharge.” high school diploma or GED to enroll lanterns. Omaha Sen. Ernie Chambers in a cosmetology program. “There is no compelling state filed a motion to recommit the bill “This is a major hurdle for those interest in allowing something that to the Judiciary Committee. He said who are trying to begin a professional is a hazard and has no societal value paranoia, not constitutionality, is the career without certain educational and whatsoever,” he said. “The invitation primary motivation behind LB289. socioeconomic advantages,” she said. to do damage and destruction to prop- “[Supporters of the bill] are saying No opposition testimony was of- erty is not something that ought to be that the largest city in the state should fered and the committee took no approved by the Legislature.” not have the right to tailor ordinances immediate action on the bill. The bill was advanced to select file to the specific issues facing that city,” on a 30-0 vote. he said. Being aware of state laws and local firearm ordinances is part of be- Uniform firearm regulation ing a responsible, law-abiding citizen, discussed Chamber said. Sen. Heath Mello, also of Omaha, Firearms regulation would apply supported the motion to recommit. Ban on flying lanterns advanced uniformly across the state under a bill He said that Omaha’s handgun regis- discussed by lawmakers Jan. 22. tration ordinance has been an effective Senators advanced a bill from gen- Introduced by Crete Sen. Laura tool to fight gun violence for nearly eral file Jan. 19 that would prohibit Ebke, LB289 would two decades. the sale of flying lanterns. repeal individual “The way [LB289] is drafted now, LB136, introduced by Wahoo city and village or- I’m concerned that it throws out years Sen. Jerry John- dinances governing of good policy put in place to protect son, would make the registration, pos- communities from gun violence,” it illegal to sell, session, transporta- Mello said. “We need to be very cau- possess or use a tion, transfer and tious before we walk down this path flying lantern. storage of firearms Sen. Laura Ebke of eliminating all local gun ordinances Johnson said 25 and ammunition. Cities and villages across the state.” states already have would retain the authority to enforce Bellevue Sen. Tommy Garrett sup- approved such Sen. Jerry Johnson prohibitions on firearm discharge. ported the bill, saying that it protects bans in order to protect public safety. The bill also would revoke regula- fundamental rights guaranteed to citi- “One year ago on New Year’s Eve tions that remain in some city and zens under the Second Amendment. in Columbus a flying lantern landed village ordinances but were superseded “I should not be in violation of within the property of an ethanol plant, in 2006 by the Concealed Handgun Omaha’s city ordinance every time which is very explosive,” Johnson said. Permit Act. I travel from Bellevue into Omaha,” He also explained that $200,000 in fire Ebke said that citizens’ rights he said. damage was done to a house when a should not be jeopardized due to in- The Chambers motion to recom- lantern landed on its roof. consistency in community regulations mit was pending when the Legislature The bill defines flying lantern across the state. adjourned for the week. as any device that requires a flame,

PAGE 8 • UNICAMERAL UPDATE • 104TH LEGISLATURE January 19 - 22, 2016

Restrictions on juvenile also would be restricted to matters of require that solitary room confine- detention proposed immediate and urgent necessity. ment of more than two hours be Corey Steel, state court adminis- documented in writing and approved Members of the Judiciary Commit- trator, supported the bill. He said it by a supervisor in the juvenile deten- tee heard testimony Jan. 20 on a bill closely aligned with the best practices tion facility. Confinement of more that would restrict the use of secure set forth by the Juvenile Detention than three hours also would be docu- detention for juveniles. Alternatives Initiative (JDAI). mented in writing and approved by the Under LB675, introduced by Oma- “One of the fundamental premises head of the juvenile detention facility. ha Sen. Bob Krist, of JDAI is that detention should be Pansing Brooks said a 2010 study a juvenile could be limited to juveniles that are deemed by the U.S. Department of Justice detained only if he a safety risk or at risk of fleeing the called for an end to excessive isolation or she is considered jurisdiction [before their court date],” of juveniles as it could be considered a threat to the phys- Steel said. “[LB675] would further en- cruel and unusual punishment. ical safety of others hance efforts by bringing Nebraska’s “We’re all aware of the potential or at risk of failing definition of detention in line with negative effects of solitary confinement to appear for court. Sen. Bob Krist national practices.” on adults and juveniles, including de- The bill also would prohibit secure Amy West, representing the Ne- pression, anxiety and even psychosis,” detention for juveniles 12 or younger. braska chapter of the National As- she said. “[The Legislature] has the Krist said the bill would help sociation of Social Workers, also sup- authority to pass and amend laws that Nebraska align with national best ported the bill. She said it’s important potentially confine juveniles. It’s our practices. to factor in the high rate of trauma responsibility to know what happens to “This bill makes good on work experienced by many juveniles who those juveniles once they’re confined.” started by this committee in 2013 to have been detained. Each facility employing solitary get juveniles the right services at the “I’ve seen youths placed in deten- room confinement would be required right time,” he said. “We’ve all heard tion for skipping classes, running from to document the race, ethnicity, age that [unnecessary] detention results foster care placements and respectfully and gender of each juvenile placed in juveniles who are more likely to disagreeing with a judge about their in confinement. An explanation of recidivate, less likely to graduate and best options,” West said. “If we hope why less restrictive means were not more likely to end up in the adult to help young people learn from their successful, the length of time con- [correctional] system.” mistakes, we have to acknowledge the finement was used and any incidents LB675 also would prohibit a juve- rocky childhoods and community vio- of self-harm or suicide also would be nile’s placement into secure detention: lence they’ve been exposed to.” included in the documentation. • to punish, treat or rehabilitate No one testified in opposition to The bill requires that a quarterly the juvenile; the bill and the committee took no report be provided to the Legislature, • to permit more convenient immediate action on the bill. beginning Sept. 30, 2016. administrative access to the Juliet Summers, representing juvenile; Confinement limits proposed Voices for Children, spoke in favor • to facilitate further interrogation for juvenile offenders of LB845. She said teenagers need or investigation of the juvenile; healthy social environments to grow • to allow a parent or guardian The use of solitary room confine- into healthy adults. to avoid his or her legal respon- ment for juvenile offenders would “All youth in the juvenile justice sibility; be limited under a bill heard by the system are entitled to rehabilitative • to satisfy the demands of a Judiciary Com- services and recovery,” Summers said. victim, law enforcement or the mittee Jan. 20. “Clear reporting requirements on the community; or LB845, in- use of isolation, if it is being used in • due to a lack of more appropri- troduced by facilities that house juveniles, is a sen- ate facilities. Lincoln Sen. sible first step toward reform.” Placement of a juvenile at a youth Patty Pansing Jacob Rusher, who experienced rehabilitation and treatment center Brooks, would solitary confinement at a juvenile de- Sen. Patty Pansing Brooks

104TH LEGISLATURE • UNICAMERAL UPDATE • PAGE 9 January 19 - 22, 2016 tention center, also testified in favor Commission on Law Enforcement sworth spent nine years on death row of the bill. and Criminal Justice. before being exonerated through DNA “Being in solitary was really hard Pansing Brooks said the case of a evidence in 1993. He also spoke in because you don’t see anyone. You Texas man wrongly convicted of rape, support of LB846. don’t have interaction with anyone who died in jail at 39 and was posthu- “Even though there was no physical else besides someone barking orders at mously exonerated through DNA evi- evidence tying me to the crime, I was you,” he said. “It was haunting to hear dence, proves the necessity of uniform found guilty and sentenced to death. 14- and 15-year-olds crying out for their suspect identification practices. [Misidentification] cost me my free- moms [while in solitary confinement].” “These suggested best practices are dom and it almost cost me my life,” Roger Lott, a lawyer in Lincoln, as basic and fundamental to a system he said. “[LB846] would ensure what supported the bill, saying that youth of justice as I can legally imagine,” she happened to me doesn’t happen to who enter the juvenile justice system said. “Let’s not wait for something other innocent people.” need understanding and compassion, to happen in Nebraska before we re- The bill would require the Nebraska not isolation. quire all law enforcement to use [best Commission on Law Enforcement and “Data tells us that 96 percent of practices].” Criminal Justice to develop a suggested youth in the juvenile justice system Each agency would be required to written policy model including best had experienced severe trauma in the follow best practices developed by the practices. No law enforcement agency past before they came into the system,” National Research Council, Interna- would be required to adopt the policy Lott said. “Simply having children iso- tional Association of Chiefs of Police unless it has failed to develop its own. lated from other people is something and the American Bar Association. Policies must be created and re- they do not understand and makes it These would include requiring that ported to the commission before Jan. very hard for them to do things they the officer administering the lineup: 1, 2017. need to do in order to rehabilitate • not be familiar with the poten- Nebraska Assistant Attorney Gen- themselves and their future.” tial suspect; eral John Freudenberg opposed the bill. LB845 directs the Inspector Gener- • not use non-suspects to make “The majority of Nebraska law en- al of Nebraska Child Welfare to review the potential suspect noticeably forcement agencies already have these all data collected from juvenile deten- stand out; types of policies in place. In fact, we tion facilities and prepare an annual • not see suspect photos while they believe the vast majority would have report of its findings. The Inspector are viewed by an eyewitness; adopted a policy by the end of the General also would identify potential • instruct an eyewitness that year if encouraged to do so,” he said. changes in policy and practice that the potential suspect may not “Such best practice standards should could result in decreased use of soli- be included in the lineup or not be included in legislation because tary room confinement for juveniles. photos; and they evolve over time.” No one testified in opposition to • document an eyewitness’ iden- The committee took no immediate the bill and the committee took no tification—including his or her action on the bill. immediate action on it. level of certainty—of a potential suspect in the words of the Bill would require suspect eyewitness. identification policies Michelle Feldman, state policy advocate for the Innocence Project, Law enforcement agencies would supported the bill, saying it would be required to develop a written policy improve public safety. Expanded water rights on suspect identification of eye wit- “Eyewitness misidentification is a transfers proposed nesses under a bill considered by the leading factor contributing to wrongful A landowner temporarily could Judiciary Committee Jan. 21. convictions. When an innocent person transfer a surface water appropria- LB846, introduced by Lincoln Sen. is convicted, the real perpetrator can be tion to a local beneficial use program Patty Pansing Brooks, would require out hurting others,” she said. under a bill heard by the Natural each agency to develop a written policy Wrongfully convicted of rape and Resources Committee Jan. 22. and submit a copy to the Nebraska murder in Maryland, Kirk Blood- Under current law, the state Depart-

PAGE 10 • UNICAMERAL UPDATE • 104TH LEGISLATURE January 19 - 22, 2016 ment of Natural Resources can cancel water appropriations,” Wolf said. or the projected life of the project, a water appropriation if it has not been Jeff Fassett, director of the state whichever is less. put to beneficial use for more than five Department of Natural Resources, Jim Macy, director of the Nebraska consecutive years unless the appropria- testified in a neutral capacity. He said Department of Environmental Qual- tor can show sufficient cause of nonuse. existing law already may cover the type ity, which administers the fund, testi- LB714, introduced by Sen. John of transfer in question. fied in support of the bill. He said Stinner of Ger- “We believe existing statutes really changes to the fund are needed to ing, would expand do cover the circumstance involved,” take advantage of provisions of the the circumstances he said. “Perhaps the various produc- federal Clean Water Act that could under which a ers need to understand what existing benefit Nebraska communities. The surface water ap- law provides for now.” program receives annual grants from propriation could No one testified in opposition to the Environmental Protection Agency go unused for its the bill and the committee took no and state matching funds. originally intended Sen. John Stinner immediate action on it. Macy said the program provides purpose without the appropriation $20 million to $30 million in loans being cancelled by the department. Changes to wastewater every year to communities around the The bill would add to the existing treatment provisions proposed state. Increasing the length of the loan exemptions for nonuse. A landowner terms would help communities facing could transfer his or her water appro- Projects that reuse or recycle waste- financial hardship pay for water treat- priation to a natural resources district water would be among those newly ment projects by spreading out their (NRD) for up to 15 years for use in eligible for funding under a bill heard payments, he said. aquifer recharge, depletion offsets, by the Natural Resources Committee “Currently we have more people on maintenance of instream flows and Jan. 20. the waiting list than we have financial stream augmentation. The bill also LB737, introduced by Sen. Curt means to support,” he said. would allow the water to be used for Friesen of Hender- No one spoke in opposition to up to 15 years by local programs that son, would expand the bill and the committee took no manage waterways. the eligible funded immediate action on it. Stinner said the bill would ensure activities for pub- that Nebraskans’ water rights are pro- lic entities seek- tected from cancellation if they decide ing loans from the to participate in projects designed to Clean Water State preserve the state’s water resources. Revolving Fund. Sen. Curt Friesen David Wolf, testifying on behalf of The fund provides low-interest loans Bill would end long-term care the North Platte Natural Resources and community matching grants to savings program District board of directors, spoke in towns and cities for the construction favor of the bill. He said farmers in his of wastewater treatment facilities and Nebraska’s Long-Term Care Sav- district are hesitant to transfer their sanitary sewer collection systems. ings Plan would be eliminated under water to the NRD for local beneficial The purchase of land used for a bill heard Jan. 20 by the Revenue use programs because only federal construction of water treatment facili- Committee. and state programs are explicitly ex- ties would be eligible for the loans, as LB756, intro- empted from nonuse in current law. would projects that conserve or reuse duced on behalf This makes it difficult for the NRD water. This includes the recycling or of the Legislative to meet its water management obliga- reuse of storm water, wastewater or Performance Au- tions, which include mitigating the subsurface drainage water, as well as dit Committee depletion of the Platte River, he said. the development and construction of by chairperson “LB714 would give the district watershed projects. Sen. Dan Water- Sen. Dan Watermeier more flexibility with willing surface The bill also would increase the meier, would terminate the plan. water partners without these partners fund’s loan terms from the current Watermeier said the plan was cre- being in danger of losing their surface 20 years to a maximum of 30 years, ated in 2006 to encourage Nebraskans

104TH LEGISLATURE • UNICAMERAL UPDATE • PAGE 11 January 19 - 22, 2016 to plan for the future by providing a developing a program to provide con- said the bill would allow Omaha—the tax credit on contributions to an ac- sumers with objective information on recent recipient of grant funding—to count used to pay for long-term care marketplace terminology and the risks upgrade to rapid transit buses. needs or long-term care insurance plan and benefits of long-term care plans. “The Omaha metro area has an ex- premiums. “Repealing this provides an oppor- cellent opportunity to embrace the next However, he said, a recent audit tunity to take a new look at options generation of public transportation,” determined that the plan had been not that are available to encourage Nebras- he said. “Bus rapid transit provides a effective in incentivizing individuals kans to look at future long-term care multitude of public benefits including to plan for long-term care needs or costs,” Intermill said. “The earnings improved transportation options and reducing Medicaid costs to the state. on these plans have not been very at- faster service with limited stops.” “The Long-Term Care Savings Plan tractive and the tax savings have not Curt Simon, executive director of was noble and well-intended,” he said, been very great.” Metro Transit in Omaha, supported “but it has not produced the results Galen Ullstrom, representing the bill. He said that the longer articu- that its creators hoped for.” Mutual of Omaha, opposed the bill. lated buses would double passenger Watermeier said the goal of LB756 Options such as increasing the tax de- capacity. would be to eliminate the plan with duction should be considered rather “The expanded articulated bus the smallest possible impact on plan than simply eliminating the current would provide greater capacity and participants. plan, he said. internal bicycle storage for our pas- Under the bill, individuals who wish “Seventy percent of people over sengers,” Simon said. “[The change to use the funds in an existing account age 65 will utilize some type of long- to rapid transit] represents the most for qualified long-term care expenses term care in their life,” Ullstrom said. significant transit investment in our could continue to make qualified with- “Total repeal of this law before there is community in over 30 years.” drawals until the account is depleted. serious discussion about [alternatives] No one testified in opposition to Individuals who withdraw the en- would be premature.” the bill and the committee took no tirety of an account would be required The committee took no immediate immediate action on it. to pay taxes on any previously untaxed action on the bill. amount. Bill would end some county- Nebraska State Treasurer Don numbered license plates Stenberg testified in support of the bill, saying limited participation in Some Nebraska counties would the plan does not justify administra- have different license plate numbers tion costs to the state. In addition, he under a bill heard by the Transporta- said, there is little incentive for banks Bill would allow longer buses tion and Telecommunications Com- to participate in the program because for public transit mittee Jan. 19. doing so entails additional paperwork. Currently, farm truck and trailer Stenberg noted that the maximum Riders of Omaha’s public transit registrations in counties with popula- amount of tax savings that an individ- system would have access to larger tions over 100,000 display county- ual could receive in a single year under buses under a bill heard by the Trans- numbered license plates. These in- the plan is $68, and only if he or she portation and Telecommunications clude Douglas, Lancaster and Sarpy were in the highest state tax bracket. Committee Jan. 19. counties. “There is very little tax incentive LB735, introduced by Hender- Under LB811, for individuals to participate,” he son Sen. Curt introduced by Ban- said, adding that investing instead in Friesen, would croft Sen. Lydia 401(k) plans and individual retirement increase the cur- Brasch, these ve- accounts can result in substantial tax rent 40-foot limit hicles instead would savings. for an articulated use the alphanu- Mark Intermill, testifying on behalf bus operated by a meric system oth- Sen. Lydia Brasch of AARP, also supported the bill. He transit authority erwise used in those counties, which said the state would be better served by to 65 feet. Friesen Sen. Curt Friesen displays three letters followed by three

PAGE 12 • UNICAMERAL UPDATE • 104TH LEGISLATURE January 19 - 22, 2016 numbers. he said, and LB699 was introduced “We wanted to see a little bit of Brasch said that using alphanu- to update the law and help cities to relaxing of the requirements,” Plucker meric plates would save money and better deal with problem properties. said. confusion. Currently, the voting members of a Testifying on behalf of the city of “There are 4,434 farm plates in land bank board must represent real- Omaha in support of LB699, Jack those three counties compared to the tors, the banking industry, real estate Cheloha said the bill would improve 1.9 million alphanumeric plates in developers, a chamber of commerce, current law regulating land banks. those counties, so a relatively small a nonprofit involved in affordable “[The land bank] is exciting be- number of plates will be affected,” housing and an owner of multiple cause it’s a public private partnership she said. “Whenever an agency finds residential or commercial properties. where the community works together,” a way to cut its costs, we should sup- LB699 would stipulate that a single he said. “I believe the changes would port that.” voting member may satisfy more than improve the city’s ability to find quali- Rhonda Lahm, director of the state one of the representational require- fied board members.” Department of Motor Vehicles, sup- ments if he or she has the required Charles Gould of Omaha, a mem- ported the bill, saying that it would qualifications. ber of Omaha Together One Com- ease the confusion caused by duplicate The bill also would change certain munity, also supported the bill. plates. reporting requirements and add ur- Allowing the land bank to priori- “We receive approximately 100 ban agricultural activities, including tize community gardens would allow contacts per month from persons establishment of community gardens, residents to grow fresh food until who’ve erroneously received notices to the list of potential priorities for vacant lots could be redeveloped in about tolls and parking violations,” land use. the future, he said. Lahm said. “The more we are able to Julia Plucker, testifying on behalf “We know that the land bank can eliminate confusion of the duplicate of the Omaha Land Bank, supported be part of revitalizing older neighbor- numbers, the less hassle there will be the bill’s provision to allow a board hoods where there are abandoned and for our residents.” member to fill more than one repre- tax delinquent properties,” Gould No one testified in opposition to sentational requirement. It has been said. “There are quite a number of the bill and the committee took no difficult to find qualified individuals blocks in urban Omaha where the immediate action on it. to serve on the Omaha board, she said, empty lots outnumber the houses.” noting that a seat recently was vacant No opposition testimony was given for seven months after a member had and the committee voted 6-0 to ad- to withdraw. vance the bill to general file. g

Land bank updates proposed Qualifications to run for the The Urban Affairs Committee Legislature heard testimony Jan. 19 on a bill that would make updates to the Nebraska To qualify to run for office in the Nebraska Legislature, a candidate Municipal Land Bank Act. must: Omaha Sen. Heath Mello, spon- • be at least 21 years of age; sor of LB699, said • be a resident of Nebraska, and specifically a resident of the legis- the Legislature au- lative district he or she wishes to serve, for at least one year prior thorized municipal to the general election; and land banks in 2013 • never have been convicted of a felony. as a way for cities to address vacant and For more detailed information on qualifications and filing for office, abandoned build- please contact your local county clerk or election commissioner, or ings. The Omaha Sen. Heath Mello visit the Nebraska secretary of state’s website at www.sos.ne.gov. Land Bank was established in 2014,

104TH LEGISLATURE • UNICAMERAL UPDATE • PAGE 13 January 19 - 22, 2016 Committee Hearings *Current hearing schedules are always available at: nebraskalegislature.gov/calendar

Monday, January 25 LB862 (Larson) Permit conducting or insurance groups as prescribed Banking, Commerce & Insurance participating in a fantasy contest as LB819 (Lindstrom) Adopt the Corporate Room 1507 - 1:30 p.m. prescribed Governance Annual Disclosure Act LB853 (Stinner) Change provisions LB970 (Larson) Change provisions LB840 (Fox) Change provisions relating relating to the Public Accountancy Act relating to pickle cards and keno and to the time allowed for certain internal LB678 (Craighead) Change provisions authorize methods of payment for grievances under the Health Carrier of the Nebraska Real Estate License gambling External Review Act Act LR380CA (Bloomfield) Constitutional LB729 (Johnson) Change provisions of amendment to change the distribution Education the Real Property Appraiser Act of state lottery proceeds Room 1525 - 1:30 p.m. LB731 (Johnson) Change provisions Appointment: Carpenter, Stan H. - relating to the Real Property Appraiser Nebraska Retirement Systems Nebraska Educational Telecommunica- Act Room 1525 - 12:00 p.m. tions Commission AM 1815 to LB 447 LB781 (Schumacher) Require school Business & Labor districts to prepare for closure of Room 2102 - 1:30 p.m. Transportation & Telecommunications nonpublic schools LB828 (B. Harr) Redefine terms under Room 1113 - 1:30 p.m. LB826 (Davis) Change provisions the Employment Security Law LB929 (Brasch) Update certain relating to reimbursement under the LB841 (Bloomfield) Change provisions references to federal regulations Special Education Act relating to maximum annual benefits regarding motor vehicles and motor and disqualification for benefits under carriers Transportation & Telecommunications the Employment Security Law LB814 (Friesen) Change a requirement Room 1113 - 1:30 p.m. LB855 (Ebke) Require rounding for issuance of a school permit Appointment: Schneweis, Kyle - Dept. a certain dollar amount in the LB785 (Friesen) Change provisions of Roads Employment Security Law to the relating to the Motor Vehicle Operator’s LB765 (Garrett) Increase original nearest whole dollar amount License Act certificate of title fees for vehicles LB972 (B. Harr) Change a provision LB716 (Kolowski) Provide and eliminate transferred to Nebraska from another under the Employment Security Law provisions regarding pedestrians and state or country relating to an exclusion from the bicyclists LB946 (Smith) Change powers and definition of employment duties of the chairperson of the LB933 (Coash) Adopt the Payroll Tuesday, January 26 Nebraska Motor Vehicle Industry Processor Regulation Act Agriculture Licensing Board Room 2102 - 1:30 p.m. LB918 (Murante) Provide for the Education Appointment: Anthony, Donald - redistribution of motor vehicle taxes as Room 1525 - 1:30 p.m. Beginning Farmer Board prescribed LB691 (Morfeld) Adopt the Teacher Appointment: Lubben, Bradley - Education and Health Care Professions Beginning Farmer Board Urban Affairs Student Grant Program Act Appointment: Reed, Todd - Beginning Room 1510 - 1:30 p.m. LB752 (Crawford) Create the Adult Farmer Board LB875 (Murante) Change conditions for Career Pathways Task Force Appointment: Hagedorn, Nadine - approval of a planned unit development LB906 (Lindstrom) Adopt the Law Beginning Farmer Board for certain second-class cities and Enforcement Education Act authorizing Appointment: Ueberrhein, Ryan - villages tuition waivers Beginning Farmer Board LB948 (Morfeld) Change an application LB930 (Scheer) Change provisions LB909 (Kolterman) Change powers, period limitation for the designation of relating to statewide assessments and duties, and fee and penalty provisions enterprise zones as prescribed college admission testing as prescribed relating to the Dept. of Agriculture LB864 (Crawford) Change provisions LB921 (Riepe) Eliminate provisions relating to a municipality requesting General Affairs relating to organic food additional extraterritorial zoning Room 1510 - 1:30 p.m. jurisdiction LB822 (Larson) Eliminate consent of Banking, Commerce & Insurance LB705 (Urban Affairs) Change the Legislature for appointment of State Room 1507 - 1:30 p.m. provisions relating to cities of the first Electrical Board members LB758 (Scheer) Prohibit limited liability class LB820 (Hughes) Provide a method of companies from operating as insurers selecting winners for certain lotteries LB772 (Schumacher) Provide for group- and raffles wide supervisors and international

PAGE 14 • UNICAMERAL UPDATE • 104TH LEGISLATURE January 19 - 22, 2016 Committee Hearings *Current hearing schedules are always available at: nebraskalegislature.gov/calendar

Wednesday, January 27 Internal Revenue Code Natural Resources Government, Military & Veterans Affairs LB685 (Bolz) Adopt the Student Loan Room 1525 - 1:30 p.m. Room 1507 - 1:30 p.m. Repayment Tax Credit Act LB881 (Schilz) Change provisions LB827 (B. Harr) Allow county treasurers LB870 (B. Harr) Provide an income relating to energy financing contracts to receive fees for services rendered to tax credit to graduates of certain LB914 (Schilz) Change compensation sanitary and improvement districts educational institutions for certain members of the Nebraska LB784 (Friesen) Change provisions LB888 (Mello) Change provisions Power Review Board as prescribed relating to deficit expenditures by relating to tax credits under the county boards Nebraska Job Creation and Mainstreet Revenue LB997 (Krist) Change provisions Revitalization Act Room 1524 - 1:30 p.m. regarding the Nebraska Capitol Appointment: Keetle, Steven - Tax Commission and office space within Thursday, January 28 Equalization and Review Commission the State Capitol Government, Military & Veterans Affairs Appointment: Hotz, Robert W. - Tax LB807 (Williams) Allow counties of Room 1507 - 1:30 p.m. Equalization and Review Commission all sizes to waive quarterly reports by LB787 (Morfeld) Allow a voter to LB683 (Craighead) Change provisions county attorneys photograph and reveal a marked ballot relating to homestead exemptions for LB874 (Murante) Change procedures surviving spouses Health & Human Services for filling vacancies on school boards LB727 (Schilz) Impose a tax on sales of Room 1510 - 1:30 p.m. LB879 (Murante) Change signature tobacco at cigar shops LB680 (Riepe) Change requirements for requirements for partisan candidates LB762 (Kintner) Change the tax on pharmacy technicians cigars, cheroots, and stogies LB813 (Kolterman) Permit certain Health & Human Services persons to consent to donate plasma Room 1510 - 1:00 p.m. Monday, February 1 LB859 (Campbell) Change cease Briefing on the Division of Children and Appropriations and desist orders under the Uniform Family Services Room 1524 - 1:30 p.m. Credentialing Act Appointment: McQuillan, Shelly K. - LB956 (Hadley) Provide for deficit LB901 (Kolterman) Change dental Child Abuse Prevention Fund Board appropriations assistant and licensed dental hygienist Appointment: Weinberg, Douglas J. - LB957 (Hadley) Authorize additional provisions Dept. of Health & Human Services uses for certain funds and provide for LB708 (Bolz) Provide for a memory care certain transfers Judiciary endorsement under the Health Care LB1092 (Mello) Change provisions Room 1113 - 1:30 p.m. Facility Licensure Act relating to budget request reporting LB943 (Hansen) Update references with LB701 (Mello) Eliminate a termination requirements respect to husband and wife date relating to a self-sufficiency Agency 19: Dept. of Banking LB944 (Hansen) Change terminology contract Agency 22: Dept. of Insurance relating to parentage and marital Agency 36: State Racing Commission relationships Judiciary Agency 58: Board of Engineers and LB937 (Ebke) Eliminate a prohibition on Room 1113 - 1:30 p.m. Architects marriage of persons with venereal LB835 (Mello) Change provisions Agency 63: Board of Public disease relating to consumer protection Accountancy LR389CA (B. Harr) Constitutional LB932 (Crawford) Redefine not-for- Agency 76: Neb. Indian Commission amendment to remove provisions profit organization for purposes of regarding marriage from the liability provisions Banking, Commerce & Insurance Constitution of Nebraska LB854 (Coash) Adopt the Self-Service Room 1507 - 1:30 p.m. Storage Facilities Act and provide for a Appointment: Dentlinger, Courtney - Natural Resources lien on certain property Dept. of Economic Development Room 1525 - 1:30 p.m. LB1009 (Williams) Prohibit the sale and LB837 (Scheer) Change provisions LB824 (McCollister) Exempt privately use of certain synthetic drugs under the relating to premium taxes and quarterly developed renewable energy Uniform Controlled Substances Act and statements under the Surplus Lines generation facilities from regulation as the Uniform Deceptive Trade Practices Insurance Act prescribed Act LB942 (Scheer) Provide a disclosure LB693 (Morfeld) Change limitation of requirement to the Department of Revenue action provisions under the Political Banking and Finance for seller-assisted Room 1524 - 1:30 p.m. Subdivisions Tort Claims Act marketing plan contracts as prescribed LB941 (Gloor) Update references to the LB1035 (Williams) Redefine farm

104TH LEGISLATURE • UNICAMERAL UPDATE • PAGE 15 January 19 - 22, 2016 Committee Hearings *Current hearing schedules are always available at: nebraskalegislature.gov/calendar product and change provisions relating LB858 (Hadley) Create the University of Agency 54: State Historical Society to the central filing system and the Nebraska Facilities Program of 2016 Agency 91: Nebraska Tourism master lien list Commission Banking, Commerce & Insurance Agency 33: Game and Parks General Affairs Room 1507 - 1:30 p.m. Commission Room 1510 - 1:30 p.m. LB794 (B. Harr) Change provisions LB810 (Davis) Eliminate the Nebraska LB748 (Lindstrom) Change import relating to the Nebraska Model Youth Conservation Program and provisions under the Nebraska Liquor Business Corporation Act and transfer funds to the Cowboy Trail Fund Control Act as prescribed corporate occupation taxes LB1076 (Schilz) Appropriate funds LB1046 (Ebke) Change license eligibility LB817 (Riepe) Adopt the Direct Primary to the Game and Parks commission requirements under the Liquor Control Care Agreement Act for law enforcement at the Lake Act LB1036 (Campbell) Change provisions McConaughy State Recreation Area LB1105 (Larson) Change and eliminate of the Credit Services Organization Act, beverage regulations and licensure the Delayed Deposit Services Licensing Natural Resources provisions and create the Nebraska Act, and the Nebraska Installment Loan Room 1525 - 1:30 p.m. Craft Brewery Board Act LB745 (McCollister) Change Game LB834 (Schumacher) Prohibit the retail and Parks Commission fee and permit sale of alcohol at a price below cost Transportation & Telecommunications provisions LB969 (Larson) Provide and change Room 1113 - 1:30 p.m. duties for the establishment, mainte- LB669 (Krist) Update certain federal Thursday, February 4 nance, and operation of public libraries references and change from a Nebraska Retirement Systems or reading rooms by cities or villages secondary to primary offense Room 1525 - 12:00 p.m. certain occupant protection system AM 1865 to LB 467 Transportation & Telecommunications enforcement requirements Room 1113 - 1:30 p.m. LB668 (Krist) Change certain federal Friday, February 5 LB900 (Bloomfield) Change motorcycle references and provisions relating Nebraska Retirement Systems and moped helmet provisions, to provisional operator’s permit Room 1525 - 12:00 p.m. motorcycle registration fees, rename restrictions, use of interactive wireless LB805 (Mello) Require a periodic study the Health Advisory Board, and create communication devices, and occupant of certain retirement plans and a report the brain injury services program and protection system enforcement filing by certain political subdivisions a fund LB989 (Murante) Change provisions LB922 (Kolterman) Change terms of LB927 (Hilkemann) Change provisions relating to motor vehicles Public Employees Retirement Board relating to surcharges for 911 service members as prescribed LB938 (Smith) Adopt the 911 Service Urban Affairs LB986 (Nebraska Retirement Systems) System Act and transfer funds from the 1510 - 1:30 p.m. Change duties of the Public Employees Enhanced Wireless 911 Fund to the LB860 (Hughes) Add a type of Retirement Board relating to an annual 911 Service System Fund economic development program under valuation report and experience study g LB977 (Smith) Change provisions the Local Option Municipal Economic relating to implements of husbandry on Development Act highways LB808 (Hansen) Change provisions relating to amending an economic Tuesday, February 2 development program under the Appropriations Local Option Municipal Economic Room 1524 - 1:30 p.m. Development Act Agency 50: Neb. State College System LB1059 (Crawford) Require certain Agency 51: University of Nebraska disclosures under the Community System Development Law and the Local Option LB713 (Stinner) State intent relating to Municipal Economic Development Act appropriations for the Access College LB1012 (Mello) Adopt the Property Early Scholarship Program Assessed Clean Energy Act LB852 (Cook) Appropriate funds for aid to community colleges Wednesday, February 3 LB755 (Watermeier) Appropriate Appropriations funds to the Board of Trustees of the Room 1003 - 1:30 p.m. Nebraska State Colleges Agency 29: Dept. of Natural Resources

PAGE 16 • UNICAMERAL UPDATE • 104TH LEGISLATURE January 19 - 22, 2016 NEW BILLS Bill Introducer One-line description January 19, 2016 LB1014 Stinner Change provisions relating to levy limitations and budget limitations for public airports LB1015 Harr Change a sales tax exemption relating to museums LB1016 Watermeier Redefine agency under the Legislative Performance Audit Act LB1017 Lindstrom Eliminate a residency requirement for student interns under a grant program and transfer funds as prescribed LB1018 Coash Appropriate funds to the Nebraska Arts Council LB1019 Davis Change provisions relating to support of the Niobrara Council by the Game and Parks Commission, require legislative confirmation of certain appointments to the council, and require an annual report LB1020 Fox Provide for amendments to declarations to correct scrivener’s errors, omissions, or errors in the declaration under the Nebraska Condominium Act LB1021 Crawford Change provisions relating to access to sales and use tax information by municipalities LB1022 Performance Audit Change provisions relating to the office of Legislative Audit and change dates for application of tax incentives LB1023 Ebke Require development of treatment protocols for and a needs assessment of committed offenders and correctional facilities LB1024 Larson Change a provision of the Nebraska Political Accountability and Disclosure Act relating to an interest in a government contract LB1025 Morfeld Change experience requirements under the Public Accountancy Act LB1026 Morfeld Change provisions relating to education technology LB1027 Morfeld Create and provide funding for the Campus Sexual Assault Prevention Grant Program and provide duties for the Attorney General LB1028 Morfeld Change provisions relating to funding under the Business Innovation Act and require the Department of Economic Development to contract with certain entities LB1029 Mello Adopt the Sector Partnership Program Act and provide duties for the Department of Labor LB1030 Bolz Change an expenditure limit relating to amino acid-based elemental formulas LB1031 Hansen Change the levy authority of railroad transportation safety districts LB1032 McCollister Adopt the Transitional Health Insurance Program Act and provide duties for the Department of Health and Human Services LB1033 Campbell Create an advisory committee relating to persons with disabilities within the Department of Health and Human Services LB1034 Campbell Change provisions relating to the Nebraska Children’s Commission LB1035 Williams Redefine farm product and change provisions relating to the central filing system and the master lien list LB1036 Campbell Change provisions of the Credit Services Organization Act, the Delayed Deposit Services Licensing Act, and the Nebraska Installment Loan Act LB1037 Brasch Change property tax provisions relating to agricultural land and horticultural land LB1038 Davis Change water appropriation application provisions LR414 Chambers Prohibit meals or beverages from being provided to legislators by lobbyists in the Capitol while the Legislature is in session LR415 Riepe Urge the Nebraska congressional delegation to support and co-sponsor Senate Bill 1989 entitled Primary Care Enhancement Act of 2015

January 20, 2016 LB1039 Coash Define and redefine terms relating to developmental disabilities LB1040 Johnson Adopt the Travel Agency Registration Act LB1041 Cook Provide for disapproval of certain insurance rate filings if they use price optimization LB1042 Friesen Change provisions relating to tax-increment financing LB1043 Howard Create a palliative care program and advisory council for the Health Care Facility Licensure Act LB1044 Ebke Terminate the Commission of Industrial Relations LB1045 Ebke Provide for the treatment of certain contractors as independent contractors as prescribed LB1046 Ebke Change license eligibility requirements under the Liquor Control Act LB1047 B. Harr Change sales tax exemption provisions relating to purchases of energy and fuel LB1048 B. Harr Adopt the Nebraska Agriculture and Manufacturing Jobs Act and provide tax credits LB1049 B. Harr Redefine terms to include students in virtual schools in the state aid formula LB1050 B. Harr Authorize conversion of domestic partnerships and domestic limited liability partnerships into domestic limited liability companies or foreign limited liability companies LB1051 B. Harr Redefine qualified business under the Nebraska Advantage Act LB1052 B. Harr State intent relating to appropriations for the Nebraska Whole Child Project and change provisions relating to school funding LB1053 B. Harr Appropriate funds to the State Department of Education

104TH LEGISLATURE • UNICAMERAL UPDATE • PAGE 17 January 19 - 22, 2016 NEW BILLS Bill Introducer One-line description LB1054 Hilkemann Change provisions relating to the DNA Identification Information Act LB1055 Chambers Open grand jury proceedings to the public as prescribed and change procedures in cases of death during apprehension by law enforcement officers or while in custody LB1056 Chambers Adopt the Patient Choice at End of Life Act LB1057 Murante Change provisions of the Nebraska Political Accountability and Disclosure Act LB1058 Crawford Change provisions relating to enforcement of certain tobacco restriction provisions LB1059 Crawford Require certain disclosures under the Community Development Law and the Local Option Municipal Economic Development Act LB1060 Fox Adopt the Pharmacy Benefit Fairness and Transparency Act and provide duties for the Director of Insurance LB1061 Kolterman Adopt the Surgical Technologist Registry Act LB1062 Krist Provide for waiver of a certificate to administer as prescribed LB1063 Sullivan Change provisions relating to state aid to schools LB1064 Sullivan Change option enrollment and student fee provisions as prescribed LB1065 Sullivan Change school provisions relating to the community eligibility provision LB1066 Sullivan Change provisions relating to education LB1067 Sullivan Change provisions relating to learning communities LB1068 K. Haar Adopt the Electric Customer Protection Act and provide duties for the Public Service Commission LB1069 K. Haar Provide duties for the state investment officer relating to investment in energy-related companies or funds LB1070 K. Haar Change powers and duties of the Nebraska Oil and Gas Conservation Commission to require liability insurance and restrict permits as prescribed LB1071 K. Haar Adopt the Solar Energy Economic Development Act LB1072 K. Haar Adopt the Fair Repair Act and provide a penalty LB1073 Kolowski Authorize the display of the Honor and Remember flag as prescribed LB1074 Kolowski Appropriate funds to the State Department of Education LB1075 Schilz Change provisions of the Disposition of Personal Property Landlord and Tenant Act LB1076 Schilz Appropriate funds to the Game and Parks commission for law enforcement at the Lake McConaughy State Recreation Area LB1077 Pansing Brooks Change provisions under the Motor Vehicle Operator’s License Act relating to operator’s license revocation LB1078 Pansing Brooks Provide and change certain conflict of interest statement requirements under the Nebraska Political Accountability and Disclosure Act LB1079 Pansing Brooks Redefine law enforcement agency and change provisions relating to law enforcement officer jurisdiction LB1080 Seiler Change provisions relating to direct purchases and use of recyclable material by correctional industries LB1081 Campbell Change provisions relating to eligibility for public assistance LB1082 Schilz Change provisions relating to the Nebraska Oil and Gas Conservation Commission and provide for a periodic well fluid analysis, report, and notice as prescribed LB1083 Williams Adopt the Next Generation Business Growth Act and change funding for tax credits under the Community Development Assistance Act LB1084 Stinner Change and provide duration requirements for certain state agency contracts LB1085 Davis Change a renewable energy tax credit LB1086 Davis Change provisions relating to student self-management of asthma or anaphylaxis LB1087 Davis Change sales tax provisions relating to the definition of engaged in business in this state LB1088 Davis Provide a sales and use tax exemption for nonprofit centers for independent living LB1089 Hansen Change the minimum wage for persons compensated by way of gratuities LB1090 Hansen Require notification of law enforcement by the Nebraska State Patrol of denials of handgun certificates as prescribed LB1091 Hilkemann State intent relating to appropriations for purposes of the Site and Building Development Fund LB1092 Mello Change provisions relating to budget request reporting requirements LB1093 Mello Eliminate cash funds, create programs, and transfer funds LB1094 Judiciary Change provisions relating to evidence, sentencing, certain criminal penalties, criminal mischief, assault, theft, forgery, and probation LB1095 Kintner Require employer identification numbers and the use of the federal immigration verification system LB1096 B. Harr Change provisions relating to amendments to declarations regarding unit boundaries under the Nebraska Condominium Act

PAGE 18 • UNICAMERAL UPDATE • 104TH LEGISLATURE January 19 - 22, 2016 NEW BILLS Bill Introducer One-line description LB1097 Morfeld Change provisions relating to sexual assault forensic testing LB1098 Morfeld Increase legal services fees as prescribed LB1099 Krist Change provisions relating to expense reimbursement LB1100 Schilz Adopt the Petroleum Education and Marketing Act LB1101 Mello Require the Department of Environmental Quality to examine the status of solid waste management programs LB1102 Davis Authorize legislative performance audits of tax-increment financing projects LB1103 Schumacher Change provisions relating to medicaid reimbursements, provide for a lien, and change estate procedures LB1104 Larson Provide for tax incentives, intent provisions, and revenue-sharing agreements relating to Native Americans LB1105 Larson Change and eliminate beverage regulations and licensure provisions and create the Nebraska Craft Brewery Board LB1106 Garrett Change civil forfeiture provisions as prescribed LB1107 Garrett Create the Nebraska Election System Initiative LB1108 Garrett Require reporting to the Auditor of Public Accounts and the Legislature regarding civil forfeiture proceedings LB1109 Murante Change public records provisions and provide for an enhanced public scrutiny process for certain University appointees LB1110 Mello Adopt the Nebraska Workforce Innovation and Opportunity Act LR416 Coash Extend sympathy to the family of Milan “Babe” Knezovich LR417 Kolterman Congratulate Colton James Hood on achieving the rank of Eagle Scout

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

The Legislature’s website offers a bill search on the upper-right portion of the home page. Entering a bill number will retrieve the bill’s text, fiscal note, statement of intent, transcripts and more.

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

104TH 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

Senators escort Chief Justice Michael Heavican and other members of the Nebraska Supreme Court to the Norris Chamber for Heavican’s State of the Judiciary address Jan. 21.