UNICAMERAL UPDATE News published daily at Update.Legislature.ne.gov Vol. 43, Issue 8 / Feb. 24 - 27, 2020 Land bank bill Compensation for amateur stalls on latest athletes advanced attempt bill that would allow municipal- ities throughout to A create or join land banks stalled during general file debate Feb. 25. LB424, introduced by Grand Is- land Sen. , was debated last year but did not advance from general file after a failed cloture motion. The bill would allow any municipality in Nebraska to join an existing land bank—a tax-exempt political subdi- vision that acquires, manages and develops vacant and tax-delinquent properties—under the Nebraska Mu- Sen. said only 2 percent of student athletes will go on to earn money as profes- nicipal Land Bank Act. sional athletes. Currently, only municipalities ebraska college and university tion from penalizing or punishing a in Douglas and Sarpy counties are athletes could earn income student athlete who enters into a com- eligible under state law to create Nunder a bill advanced from mercial contract, as long as it does not land banks. Under the bill as intro- general file Feb. 25. directly conflict with a team contract. duced, only a metropolitan class city LB962, sponsored by Omaha Sen. Student athletes would be required could create a stand-alone land bank. Megan Hunt, would allow college to report any personal contracts to their Omaha is the state’s only metropolitan athletes at public and private schools postsecondary institution and would class city. to earn money from their name, image be barred from wearing a sponsor’s The bill also would specify that a and likeness rights. Only 2 percent of apparel or otherwise advertising for the land bank is prohibited from levying college and university athletes will go sponsor during official team activities. property taxes. on to play professionally, Hunt said. LB962 also would allow student Quick said blighted properties of- “I was surprised to learn that athletes to obtain professional rep- ten are too costly and time consuming 100 percent of student athletes in resentation to negotiate related con- for private investors to rehabilitate. Nebraska ... are legally prevented tractual or legal matters. An athlete Those properties not only are eyesores, from participating in the free market could seek civil damages against their he said, but the city must pay to mow and earning any wages at all for their postsecondary institution or athletic lawns and provide police and fire athletic skills and talents,” she said. association if they believe their right to protection for the buildings. “LB962 is about the right of every seek compensation has been violated. “They sit there and they take down student to work, participate in the free Sen. of Lincoln the whole neighborhood,” Quick market and to have the same freedoms supported the measure. The bill is said. “It’s becoming costly for com- as their non-athlete peers on college a moderate approach to ensuring munities.” and university campuses.” fairness for student athletes, he said. Quick introduced an amendment, The bill would prohibit any postsec- Coaches and administrators currently ondary institution or athletic associa- (continued page 3) (continued page 2)

INSIDE: Voter ID proposed • Indoor e-cigarette ban advanced • Speaker priority bills February 24 - 27, 2020 Compensation for amateur athletes advanced (continued from front page) make millions off of athlete’s hard to do this and UNL does not, then the his or her school. work, Morfeld said, and student ath- players will not come here,” he said. Opposing the bill was North Platte letes at least should have the ability to “They will go to a school where they Sen. . He said LB962 earn money from their name, likeness can receive some compensation for would transform college athletic recruit- and image. misuse or use of their name.” ing into an inequitable bidding war. Omaha Sen. also An amendment offered by Lincoln “[Recruiting] will have nothing to supported the bill, saying it would be Sen. , adopted 26-2, clari- do with our facilities or our fan base, a valuable recruiting tool. fied that any compensation earned by it’ll be about the money because we “If other schools allow their athletes a student athlete would be factored understand that one quarterback into any application can make the difference in a national for need-based finan- championship,” Groene said. cial aid. Sen. John Lowe of Kearney also Schools also opposed LB962. He said it could would have un- negatively impact Nebraska schools’ til July 1, 2023, to current relationships with their respec- implement a frame- tive athletic conferences. work for handling “If we’re unsure of how confer- student athlete com- ence commissioners will react to this pensation. bill, I’m afraid we’ll put our schools Gretna Sen. An- at risk of being punished by their drew La Grone also conferences,” Lowe said. “Could they offered an amend- decide Nebraska is in violation of our ment that would im- agreement and limit or completely plement a one-year suspend [television] revenue sharing statute of limitation with UNL?” from the cause of Following the 31-0 adoption of action for any stu- the La Grone amendment, senators Sen. said a shorter statute of limitations makes sense given the inherently brief relationship between student dent filing a civil voted 36-4 to advance the bill to select athletes and their schools. complaint against file. n

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PAGE 2 • UNICAMERAL UPDATE • 106TH LEGISLATURE February 24 - 27, 2020 Land bank bill stalls on latest attempt (continued from front page) adopted 30-1, that would allow a pri- mary class city to create a stand-alone land bank and would create a system to remove land bank board members for neglect of duty or misconduct. Sen. of Gering sup- ported the bill, saying it would in- crease the inventory of workforce housing. He said the bill is necessary because the private sector hasn’t in- vested in blighted properties due to the large volume and the high cost of clearing a property’s title. “It’s an important bill for western Nebraska and rural Nebraska as well,” Stinner said. “It’ll clean up some of these towns in disrepair and give them Sens. Dan Quick (left) and confer during debate on LB424. a competitive advantage.” Omaha Sen. Justin Wayne intro- country,” Blood said. “Michigan and “The conflict of interest provision duced an amendment, adopted 33-0, New York have been able to recapture also doesn’t touch, in any way, any of that would add his LB1178 to LB424. 50 percent of the taxes on properties the investments that are authorized It would prohibit land banks from en- returned to the tax rolls [within] five from the land bank,” Hilgers said. tering into agreements with nonprofit years.” Hilgers offered several amend- corporations or other private entities Sen. Steve Erdman of Bayard ments to address his objections. The for purposes of temporarily holding opposed the bill. He said he didn’t first would remove from the bill a real property for those nonprofit cor- think individuals or entities would clause to enable a land bank to bid porations or private entities. purchase properties renovated under on a property that is not blighted but Wayne said his amendment would a land bank. is adjacent to a property that the land address a specific concern regarding “I am opposed to government bank already owns. nonprofits in Omaha holding proper- owning property,” Erdman said. “If a The amendment failed on a 19-24 ties for up to five years. private investor can’t take that prop- vote. Twenty-five votes were needed. “While those properties were sit- erty and make it work, why would it After three hours of debate, the ting in the land bank…all the issues be that the government can do that?” Legislature moved on to the next [of dilapidated properties] were still Also speaking in opposition was item on the agenda without voting on occurring,” Wayne said. Sen. of Lincoln. Di- LB424 or any pending amendments. Bellevue Sen. said she lapidated properties are a problem, Per a practice implemented by Speaker supported LB424 because municipali- he said, but he asserted that the bill Jim Scheer, the sponsor of a bill that ties do not have an effective way to ad- is too broad and contains many loop- is facing a potential filibuster must dress blighted properties. holes, including not prohibiting the demonstrate sufficient support for a “We’re talking about an idea that immediate family of a land bank board cloture motion before the measure will has successfully been done across the member from benefiting from a sale. be scheduled for additional debate. n

106TH LEGISLATURE • UNICAMERAL UPDATE • PAGE 3 February 24 - 27, 2020

troduced, a practicing physician, require school district bullying policies psychologist, physician assistant, to include certain information and advanced practice registered nurse, procedures. mental health practitioner or clergy Current law requires school dis- Resilience training; PTSD member all would be qualified to tricts to develop, adopt and annually injury claims for first render an official diagnosis of PTSD. review a bullying prevention and edu- responders advanced A Business and Labor Committee cation policy. amendment, adopted 37-0, narrowed Bennington Sen. Wendy DeBoer, Senators gave first-round approval the definition of a mental health pro- sponsor of LB967, Feb. 26 to a bill meant to address the fessional to include only state-licensed said the law does mental health strain experienced by practicing physicians, psychologists not provide spe- emergency first responders. and mental health practitioners. cific guidance on LB963, sponsored by Gordon The amendment also clarified that drafting those poli- Sen. , a mental injury or illness must have cies, which could would provide first arisen from conditions of employment. result in school dis- responders with Omaha Sen. Mike McDonnell sup- tricts leaving out Sen. Wendy DeBoer opportunities to ported the measure. First responders key provisions. receive resilience see and experience things while on The bill would require such poli- training to help duty that take an incredible toll on cies to contain a clear definition of prevent or mitigate their mental health and will stay with bullying and a clear statement that the the effects of post- Sen. Tom Brewer them for the rest of their lives, he said, school district prohibits harassment, traumatic stress disorder. leading some to commit suicide. intimidation, bullying and cyberbully- The bill is necessary, Brewer said, “They love the job and they love ing on school grounds, in any school because failing to identify PTSD can serving,” McDonnell said. “They don’t vehicle or at any school-sponsored have fatal consequences. want to leave their families but they did activity or athletic event. “It’s important that we’re not just because they couldn’t handle it.” LB967 also would require proce- treating [PTSD], but that we also have Sen. Carol Blood of Bellevue also dures for reporting and investigating a way to follow up and ensure they have spoke in support of LB963. Statistics any act of bullying and for ensuring a path [forward] to get better,” he said. do not capture fully the number of that the parents or guardians of any The bill would allow first respond- PTSD-related deaths of first respond- student involved in an investigation ers to establish a presumptive case ers, she said, because of the social stig- are notified. of PTSD from cumulative injury or ma surrounding mental health issues. Policies also would have to prohibit stress as a personal injury for workers’ “It’s not reasonable to ask our first reprisal or retaliation by any student compensation purposes. responders to bear the heavy burdens or school district employee against To establish such a case, the first of duty-induced trauma without giving any person who reports an act of bul- responder must show that he or she: them the help and the means that they lying, provides information during underwent a mental health examination need to cope,” Blood said. an investigation or who witnesses or before the onset of the mental injury or Senators advanced the bill to select has reliable information about an act illness, obtained testimony from a quali- file on a 42-0 vote. of bullying. fying mental health professional that Additionally, the bill would require he or she suffers from a mental injury each school district to make its policy or illness and participated in resilience available to all parents, guardians, training prior to the onset of the mental school employees and students in a injury or illness and annually thereafter. handbook and on the school’s website. The state Department of Health Additional requirements for Maddie Fennell, executive director and Human Services would reimburse school bullying policies proposed of the Nebraska State Education Asso- first responders for resilience training ciation, testified in support of LB967. if their employers do not. The Education Committee heard She said social media has become a Under LB963 as originally in- testimony Feb. 25 on a bill that would tool for bullies by allowing them to

PAGE 4 • UNICAMERAL UPDATE • 106TH LEGISLATURE February 24 - 27, 2020 say things using an impersonal device districts could apply to the state De- Greenwood Public Schools board and that they would never say in person. partment of Education for a payment the Nebraska Association of School “It is crucial that our school dis- to cover an extraordinary increase in Boards. Helping schools pay for un- tricts have comprehensive policies that special education costs. usual increases in special education include cyberbullying as a behavior A school district would qualify for expenses would ensure that they do that can and will be addressed by the payment if its special education not have to cut programs that serve schools,” Fennell said. budget for the current school fiscal the rest of the student population, Also testifying in support was An- year exceeds the special education she said. drew Aleman on behalf of GLSEN budget of the preceding year by at In recent years, Sapp said, Ashland Omaha. He said a 2017 GLSEN least 7 percent. Greenwood paid $7,000 per year for survey found that the vast majority of The bill states legislative intent to a vision specialist, as well as $30,000 Nebraska LGBTQ students had heard appropriate $3 million for fiscal year for special equipment, to ensure that anti-LGBTQ remarks from school 2020-21 to a new fund from which the a student with a degenerative eye dis- staff members and other students and department would make the payments ease could continue her education. It that most had experienced verbal or to school districts. also paid approximately $100,000—in physical assault while at school due DeBoer said the state currently addition to transportation and staff to their sexual orientation, gender reimburses schools for 45 to 50 per- costs—to send four students to a Boys expression or gender. cent of their special education costs. Town day school program. “Most felt that they were unable to Because those payments are made in “LB1023 provides an avenue of report, which further shows the impor- arrears, however, it can be difficult funding which is much needed by tance of clearly defined policies and for districts to respond to unexpected schools who, like us, can’t possibly procedures when bullying is present cost increases after they have set their plan for what we may encounter after and reported,” Aleman said. budgets, she said. [our] budgets have been set,” she said. Rose Godinez of the ACLU of DeBoer said LB1023 particularly No one testified in opposition to Nebraska also testified in support would benefit small, rural districts, the bill and the committee took no of LB967. She said complaints from where the enrollment of only one or immediate action on it. across the state indicate that Nebraska two students identified as having spe- schools continue to have a bullying cial needs can have a disproportionate School panic button program problem despite the anti-bullying law. effect on the budget. proposed Godinez said the bill would incor- Jack Moles testified in support of porate several best practices adopted the bill on behalf of the Nebraska Ru- The state Department of Educa- by other states, such as allowing stu- ral Community Schools Association tion would develop an app-based sys- dents to anonymously report bullying and the Nebraska Council of School tem for public schools to notify users and prohibiting retaliation against Administrators. In a recent informal of active shooters and other emergen- those who report it. poll of member districts, he said, 30 of cies under a bill considered Feb. 25 by No one testified in opposition to 48 respondents had enrolled at least the Education Committee. the bill and the committee took no one special needs student within the LB1156, introduced by Omaha immediate action on it. past two years, causing a substantial Sen. , increase in those districts’ special would require the State funds for large special ed education costs. department to cost increases considered Moles said rural districts often have make a statewide to start a special education program panic button pro- The Education Committee heard from scratch when a special needs gram available to testimony Feb. 24 on a bill that would student enrolls, unlike larger districts public elementary pay schools up front for large, unex- that can benefit from economies of and secondary Sen. Tony Vargas pected increases in special education scale. Rural districts also have higher schools by Sept. 30, 2020. The de- costs. transportation costs, he said. partment would assume the cost of Under LB1023, introduced by Ben- Suzanne Sapp testified in support implementing the technology. nington Sen. Wendy DeBoer, school of LB1023 on behalf of the Ashland- Vargas said an integrated system

106TH LEGISLATURE • UNICAMERAL UPDATE • PAGE 5 February 24 - 27, 2020 that, at the touch of a button, would Sheriffs do not oppose the concept Repeal of teacher oath, pledge notify first responders and school of a panic button system, he said, but considered staff of an emergency could save lives the bill would limit the number of in many situations, not just active vendors that could bid for the pro- The Education Committee heard shooter events. posed project. testimony Feb. 24 on a bill that would In developing the program, the de- Schleusener said Buffalo County repeal a requirement that teachers and partment would contract with one or already has created a safe schools ho- certain other school personnel take more technology providers that have tline and recently received a federal an oath to uphold the Constitution. successfully deployed technology for grant to expand the program. Current law requires teachers and a school panic button program on a “We would like to see something other school employees paid from pub- statewide basis. more … like a grant system, which lic school funds to swear that they will The technology would have to be would be based on a per-pupil cost support and defend the U.S. Constitu- usable through a mobile telephone per school district to ensure equitable tion and the Nebraska Constitution app-based system that is able to be funding and allow these localities that and that they do not advocate—and are integrated with a public safety answer- already have proven and established not a member of any political party or ing point. relationships [to] determine what fits organization that advocates—the over- The system would have to be able best for them,” he said. throw of the U.S. or state governments. to place a standard voice call to 911; Nick Paden testified in opposition LB1177, intro- allow the 911 system to send follow- to the bill on behalf of Diode Tech- duced by Omaha up messages; and send short message nologies, a Nebraska-based company Sen. Megan Hunt, service text messages, email and push that sells staff alert systems and pepper would exempt notifications to authorized users at a gel canisters for public elementary and teachers and other school, among other requirements. secondary schools. He said LB1156 school personnel The system also would have to au- would prevent smaller companies like from that require- tomatically present information from Diode from being considered for the ment. Sen. Megan Hunt a school, including floor plans and program. The bill also would repeal a law building information, to the 911 call “With local companies already pro- requiring public school teachers and taker when a 911 call or panic button viding security services in Nebraska,” other employees paid from public activation occurs. Paden said, “Diode feels the bill is school funds to sign a pledge in which LB1156 states legislative intent to unnecessary and would create state- they acknowledge it to be their duty appropriate $2 million to the depart- sanctioned competition.” to inculcate students, in part, with “a ment for fiscal year 2020-21 to imple- Maddie Fennell, executive director love and devotion to the policies and ment the bill. of the Nebraska State Education As- institutions that have made America Adam Eisenman of Rave Mobile sociation, provided neutral testimony the finest country in the world in Safety testified in support, saying the on the bill. Teachers would appreci- which to live.” company has deployed similar panic ate another tool they could use in an Hunt said the laws were passed at button systems in Arkansas, Delaware, emergency, she said, but several issues the height of the second Red Scare, Louisiana and Oklahoma. would need to be addressed before the when states around the country Eisenman said the systems are not program could be implemented. implemented loyalty oaths for public meant to replace or duplicate the 911 For example, Fennell said, schools officials out of fear of communism. system but to allow for a faster and cannot require employees to download The U.S. Supreme Court has since more effective emergency response an app on a personal device, some held that public employees cannot and to immediately inform teachers, schools restrict teachers’ access to be required to sign or take oaths as administrators and other school staff phones during the school day and oth- a condition of employment and that of the nature of an emergency. ers lack reliable cell service or internet attempting to mandate the personal Dan Schleusener testified in op- connectivity. beliefs of teachers and students vio- position to LB1156 on behalf of the The committee took no immediate lates the Constitution, she said. Buffalo County Sheriff’s Office and action on LB1156. “Teachers have academic freedom the Nebraska Sheriffs’ Association. and may teach from a wide range of

PAGE 6 • UNICAMERAL UPDATE • 106TH LEGISLATURE February 24 - 27, 2020

materials and, so long as they instruct with headquarters dividuals who don’t realize that native consistent with a teaching curriculum in the state—the people still exist in Nebraska. The bill and comply with all other conditions Omaha Tribe of Ne- would provide an opportunity to teach of employment, they should not be braska, Ponca Tribe people about the state’s native popula- subjected to a political or patriotic of Nebraska, Santee tion and its recognized tribes, he said. purity test,” Hunt said. Sioux Nation and “I believe that this has an educa- Spike Eickholt of the ACLU of Ne- Winnebago Tribe tional aspect to it as well,” Yankton braska testified in support of LB1177, of Nebraska—would Sen. Tom Brewer said. “I’m actually excited about the fact saying it would update or repeal stat- be displayed in the George W. Norris that I can speak to you about this be- utes that are vague, unworkable and Legislative Chamber. cause it shows how much we’re growing unconstitutional. The bill also would require that the together—how much we’re becoming He said current law requires all flags of any Indian tribe with historical one nation like we are supposed to be.” public employees paid with public and regional connections to Nebraska No one testified in opposition to funds, not only teachers and those be displayed in the Memorial Cham- LB937 and the committee took no paid from public school funds, to ber on the Capitol’s 14th floor. immediate action on the bill. take the oath, although state agencies The state’s Commission on Indian do not seem to enforce it. However, Affairs would be charged with obtain- Eickholt said, the ACLU occasion- ing the flags through donation from ally receives reports of school districts the tribes. requiring teachers to take the oath and Native American culture long has sign the pledge. influenced Nebraska, Brewer said, “Some districts seemingly aren’t including providing the state’s name State contract authority enforcing it,” he said. “Some are ap- and that of its largest city, Omaha. changes advance plying it sort of haphazardly.” Recognition of the sovereign tribes Also testifying in support was Brian through the display of their flags is A bill that would change state Halstead of the state Department of “long overdue,” he said. purchasing processes advanced from Education. He said requiring teach- “[LB937] is a chance to say that we general file Feb. 24. ers to take an oath or sign a pledge is appreciate the history that Nebraska LB790, sponsored by Sen. Ju- inconsistent with their First Amend- has with native tribes,” Brewer said. lie Slama of Peru, ment rights of freedom of speech and Larry Wright Jr., chairperson of the would allow the freedom of belief. Ponca Tribe of Nebraska, testified in state Department No one testified in opposition to support of the bill. He said the proposal of Administrative the bill and the committee took no would build upon recent, positive steps Services to join immediate action on it. that the Legislature has taken to recog- competitively bid nize native people—including voting to group contracts place a statue of Chief Standing Bear in entered into with Sen. the U.S. Capitol to represent the state. political subdivisions of other states “This may not seem big in all the rather than seeking new bids for an work that you need to do as a state independent contract. Bill would require tribal flag legislature and all the other issues The bill would authorize the state display that are going on, but we think this purchasing bureau to negotiate the small step has huge ramifications for terms of such contracts. The Executive Board heard testi- our people and what it means to our Slama said the change would save mony Feb. 25 on a bill that would tribal citizens [who] are also citizens of the state money and provide the require display of tribal flags in the Nebraska,” Wright said. flexibility necessary to respond to Nebraska State Capitol. Also testifying in support was emergencies. She said that during last Under LB937, sponsored by Sen. Leo Yankton, a national speaker and year’s flooding, mobile hand-washing Tom Brewer of Gordon, flags represent- member of the Oglala Lakota Nation. stations were deployed to towns with ing the four federally recognized tribes Yankton said he encounters many in- compromised water supplies through

106TH LEGISLATURE • UNICAMERAL UPDATE • PAGE 7 February 24 - 27, 2020 a contract between Nebraska political sioner. Currently, the governor ap- and Lancaster County also testified subdivisions and a political subdivi- points election commissioners in coun- against the bill. She said election com- sion out of state. ties of at least 100,000 residents and missioners should not have to raise “[The state] couldn’t enter into that the commissioner appoints a deputy. money and campaign for their jobs. contract because the political subdivi- The bill also would require any “What might the donors expect sion was in another state,” Slama said. county with a population between for that contribution?” Boschult said. During previous debate, Sen. Mark 20,000 and 100,000 to elect its com- The committee took no immediate Kolterman of Seward opposed the bill, missioner if the county chooses to cre- action on the bill. saying it would give DAS authority to ate the position. Currently, counties of evade competitive bidding laws. Since that size may have a county clerk—an Constitutional amendment then, DAS representatives eased his elected position—handle the duties of would allow prisoners to vote concerns, Kolterman said, enabling an election commissioner. him to support LB790. Seven Nebraska counties have ap- Individuals convicted of most Sen. Justin Wayne of Omaha said he pointed election commissioners, Han- felonies in Nebraska would no longer opposed the bill because it could allow son said. He cited a recent opinion lose their right to vote under a consti- the state to ignore competitive-bidding issued by Nebraska Attorney General tutional amendment considered Feb. processes and possibly cause contracts Doug Peterson asserting that the state 26 by the Government, Military and to be awarded to out-of-state businesses. constitution requires county election Veterans Affairs Committee. “This bill is not Nebraska-business commissioners to be elected. LR286CA, friendly,” Wayne said. “It’s very clear that we have this introduced by Slama introduced an amendment constitutional provision that says Sen. Machaela that would add LB890, sponsored by all county officers shall be elected,” Cavanaugh of Lincoln Sen. Mike Hilgers, to her bill. Hanson said. Omaha, would The provisions would allow political Westin Miller of Civic Nebraska allow Nebras- subdivisions to use a design-build testified in support of the bill. He kans convicted contract method—in which design and said the attorney general has filed a of a felony other Sen. construction contracts are bid simul- lawsuit to overturn the practice of than treason to retain their voting taneously rather than sequentially—for appointing election commissioners—a rights. Under current state law, those water infrastructure projects. case that likely will go before the state convicted of a felony have their voting The amendment was adopted 31-1 supreme court. rights restored two years after complet- and LB790 advanced to select file on If the court strikes down the ap- ing their sentence or probation. a vote of 32-1. pointment of election commissioners, The amendment, if approved by it could force county clerks in larger the Legislature, would appear on the Bill would end appointment of counties to administer an election general election ballot in November. election commissioners in addition to their regular duties, Cavanaugh said disenfranchise- Miller said. ment of felons can be traced back to County election commissioner “This is going to be an administra- post-Civil War efforts to prevent blacks would be an elected position under a tive burden that is enormous on the from voting. bill considered Feb. 27 by the Govern- county clerks, potentially right before “The result was the mass incar- ment, Military and Veterans Affairs the 2020 election,” he said. ceration of African Americans who, Committee. Nebraska Secretary of State Bob having recently been granted a voice LB1022, intro- Evnen, who is the defendant in the in their own government, had it taken duced by Lincoln attorney general’s lawsuit, testified away from them,” Cavanaugh said. Sen. Matt Hansen, against LB1022. He said the court case Jasmine Harris of RISE—a nonprof- would require elec- should be allowed to continue. it that helps those released from prison tion commission- “This legislation is premature,” transition back into society—testified ers to be elected Evnen said. “You ought to wait.” in support of the bill. Restoring voting and eliminate the Sen. Matt Hansen Mary Boschult, president of the rights helps former prisoners feel more position of deputy election commis- League of Women Voters of Lincoln a part of their community and reduces

PAGE 8 • UNICAMERAL UPDATE • 106TH LEGISLATURE February 24 - 27, 2020 recidivism, she said. La Grone said requiring voter iden- “What if the person’s appearance “Working with people who are tification would increase confidence is different from when they had the incarcerated has shown me that they in election results while still allowing photo [taken]? They grew a beard, are more engaged with what’s going on all registered voters to be included in or shaved a beard, for example,” St. in their government than many who the electoral process. Clair said. have never been incarcerated,” Harris “I believe this can be done without Jaden Perkins also spoke against said. “Being allowed to exercise a right, disenfranchising a single voter,” La LR292CA. He said voter ID propos- like voting, is not only the right thing Grone said. als are an “attack” on voting rights, to do, it is humane.” Nebraska Secretary of State Bob tantamount to a poll tax. The proposal Gavin Geis, executive director Evnen testified in support of the reso- would affect non-whites dispropor- of Common Cause Nebraska, also lution. He said voter ID is a “matter tionately, he said, as they are roughly testified in support. He said disenfran- of common sense” that has broad sup- three times more likely than whites to chising those who have committed a port in Nebraska. Evnen said there is lack photo identification. felony does not serve as a deterrent to no evidence of widespread voter fraud “We cannot afford a voter ID bill criminal behavior nor does it “even in Nebraska, but requiring identifica- in Nebraska,” Perkins said. “Nebraska the score” on behalf of crime victims. tion would add security to elections. shouldn’t be participating in destroy- “Are we rehabilitating … these “If you wait for your election sys- ing democracy.” people by not allowing them to par- tems to become corrupted, you can Vickie Young, president of the ticipate?” Geis said. “By rejoining never recover,” Evnen said. Omaha branch of the NAACP, also individuals to our communities, that’s Doug Kagan of Nebraska Taxpayers testified against the resolution. She rehabilitation.” for Freedom also testified in support. said there is no evidence of voter No one testified against the pro- He said anyone could impersonate fraud in Nebraska that would justify posal and the committee took no a registered voter at a polling site “offensive” legislation. immediate action on it. simply by giving that person’s name “We find the Nebraska Legislature or address. attempting to eviscerate people’s right Voter ID constitutional “One now must present an ID to to vote,” Young said. “[Voter ID] will amendment considered rent a movie or a vehicle, cash a check not solve a problem that does not exist.” or board a plane,” Kagan said. The committee took no immediate Nebraskans would decide if voters Susan Gumm also supported the action on LR292CA. must present photo identification proposal, saying many states require under a constitutional amendment voter ID. discussed Feb. 27 by the Govern- “Voter fraud is a very real and ment, Military and Veterans Affairs ongoing threat to the integrity of the Committee. electoral process,” Gumm said. “Every LR292CA, introduced by Sen. Nebraskan must be able to trust the Andrew La Grone election process and the result.” Bill would limit Medicaid of Gretna, would Margaret Fisher testified in opposi- waiver applications require voters to tion to LR292CA. She said she per- show a photo or sonally knows three Nebraskans who A bill that would prevent Nebraska digital image of do not have a photo ID and could be from seeking waivers from the fed- themselves at the disenfranchised under the proposal. eral government for programs related polls on Election “Our voting system works. Leave it to people eligible under Medicaid Day. Acceptable Sen. Andrew La Grone alone,” Fisher said. expansion was considered Feb. 27 types of identification would be de- Sheri St. Clair, testifying on behalf by the Health and Human Services termined by the Legislature under of the League of Women Voters of Committee. the proposal. Nebraska, opposed the proposal. LB815, introduced by Lincoln Sen. The amendment, if approved by She said it would place a burden on Adam Morfeld, would prohibit the the Legislature, would appear on the poll workers to determine if a voter state from applying for or implement- general election ballot in November. matched their ID photo. ing a Section 1115 waiver—a federally

106TH LEGISLATURE • UNICAMERAL UPDATE • PAGE 9 February 24 - 27, 2020

granted exemption about three times more in administra- the Uniform Cre- enabling states to tive costs than an expansion without dentialing Act to have more flexibil- additional requirements. A federal be assigned tasks ity in creating a Government Accountability Office if done in a man- state-administered report showed that taxpayers have spent ner consistent with Medicaid pro- $408 million on similar programs in accepted medical gram—concerning five states, Friesen Milone said. standards and ap- any experimental, Sen. Adam Morfeld “All these costs are significant and propriate to the Sen. John Arch pilot or demonstration project ap- unnecessary,” she said. skill and training of the persons to plicable to the Medicaid expansion Andy Hale of the Nebraska Hos- whom the tasks were assigned. population. pital Association also testified in sup- Arch said he introduced to bill to Morfeld said he introduced the port of the bill. He said the proposed “clear up confusion” about the assign- bill in response to the state Depart- Medicaid expansion does not include ment of tasks to non-medical person- ment of Health and Human Services dental coverage, which could impact nel that currently exists in state law. announcement that it has applied other health issues. Michael Israel testified in support for a waiver to establish a two-tiered “Studies have shown a strong as- of the bill on behalf of the Nebraska system for Medicaid expansion. Under sociation between oral health and Medical Association. He said LB838 the waiver, newly eligible Nebraskans illnesses such as heart disease, diabetes would clarify the role of medical assis- will be required to meet work and and cancer,” Hale said. tants, whose duties often include ob- wellness requirements, he said, and Jeremy Brunssen, interim director taining a patient’s height and weight, the expansion that was approved by of the DHHS Division of Medicaid sterilizing equipment and maintaining voters in 2018 won’t be implemented and Long-Term Care, testified against patient medical files. until Oct. 1, 2020. LB815. He said an 1115 wavier is “These are the tasks that make a Morfeld said the public response central to the state’s Medicaid expan- clinic run more efficiently,” Israel said. to the new waiver program was “over- sion and undoing it would “discard Rita Weber, representing the whelmingly negative” and that its months of progress” toward the Oct. Nebraska Nurses Association, also implementation would ignore voters’ 1 launch date due to staff retraining testified in support. She said the tasks intent. and computer reprogramming. non-licensed personnel perform are “It is an option that the department “If this bill were to go into law, we routine and pose little risk to patients. is pursuing that makes it overly burden- would need to significantly change our “We’re comfortable that this [bill] some and complex for those who just approach,” he said, “and [that] could will not give authority to anyone to want to see a doctor, and I think it is in delay the beginning of the benefits practice a profession that they’re not violation of the law,” he said. many Nebraskans need.” licensed to practice,” Weber said. “It Jeannette Jones-Vazansky of the The committee took no immediate doesn’t give authority for others to Lincoln alumnae chapter of Delta action on the bill. practice nursing that are not lawfully Sigma Theta Sorority testified in sup- authorized to practice nursing.” port of the bill. She said the waiver Clarification of medical No one testified against LB838 and program creates barriers that would assistant duties sought the committee took no immediate prevent Nebraskans from obtaining action on it. medical care. The Health and Human Services “Passing LB815 is an opportunity to Committee heard testimony Feb. 26 Indoor e-cigarette ban assure health care access to thousands on a bill that would clarify the assign- amended, advanced of Nebraskans without burdening ment of tasks by a physician or osteo- them with excessive requirements,” pathic physician under the Medicine Electronic smoking devices would Jones-Vazansky said. and Surgery Practice Act. be banned inside public buildings Tiffany Friesen Milone of the Open- LB838, introduced by Sen. John under a bill advanced from general Sky Policy Institute also testified in Arch of La Vista, specifically would file Feb. 27. support. She said DHHS has estimated allow individuals who are not li- LB840, as introduced by Grand that the two-tiered system would cost censed, certified or registered under Island Sen. Dan Quick, would amend

PAGE 10 • UNICAMERAL UPDATE • 106TH LEGISLATURE February 24 - 27, 2020 the Nebraska Clean shop customers to sample products. A Cavanaugh said maternal mortality Indoor Air Act to qualifying outlet would be restricted rates have risen in the United States prohibit use of an to individuals 21 and older that sells at a time when it is declining in the electronic smoking only electronic smoking devices and rest of the world. device that creates related products. “African American women have an aerosol or vapor. The committee amendment was borne the brunt of this,” she said. “It The vapor re- adopted 29-4 and lawmakers advanced is not the education or the financial leased by electronic Sen. Dan Quick LB840 to select file on a vote of 31-2. background of the mother that is the cigarettes is unsafe, Quick said, expos- problem, it is society’s bias in our ing non-smokers to health risks. Maternal health care changes health care system.” “Our citizens deserve clean air to sought Julia Isaacs Tse of Voices for Chil- breathe,” he said. dren in Nebraska testified in support Sen. Machaela Cavanaugh of The Health and Human Services of the bill. She said black and Native Omaha spoke in support of the bill. Committee considered a bill Feb. 26 American mothers have a much higher She said secondhand vapor can be that would makes several changes to mortality rate than do white mothers. detrimental to people who, like her state law regarding health care deliv- “Health disparities for women six-year-old daughter, have asthma. ery for pregnant of color are the result of a range of “My child’s health and life should women and new systematic barriers that have deep, not be put in jeopardy because of a mothers. historical roots in our nation that recreational activity of someone else,” LB1170, include [lack of access] to reproduc- she said. introduced by tive health care, exposure to chronic Sen. John Lowe of Kearney spoke Omaha Sen. stress well before that woman becomes in opposition to the bill. He said the Machaela Cava- pregnant and the availability of quality definition of electronic smoking de- naugh, would: Sen. Machaela Cavanaugh hospitals in communities of color,” vice was too broad and could include • extend Medicaid postpartum Isaacs Tse said. humidifiers or aerosol products used coverage from 60 days to one Also speaking in support was Becky in public. year; Sherman of Doulas of Lincoln. She Quick introduced an amendment, • expand Medicaid coverage to said she has assisted mothers in more adopted 34-1, to narrow the definition include the services of a doula— than 80 births and employed a doula to an electronic nicotine delivery sys- a non-medical professional who for the birth of her own children. tem, which would mirror the defini- assists a pregnant woman dur- Doulas act as advocates for mothers tion placed in state law last year. The ing and after labor; and enhance communication between change would exclude devices like • require the state Department of a health care provider and a pregnant asthma inhalers from the bill, Quick Health and Human Services to woman, Sherman said. said, adding that more work would be develop and provide instruction “The presence of a doula reduces done before the next round of debate. to all health care professionals the need for interventions, pain-relief Sen. Mike Groene also opposed the regarding health screenings for medications, instrument delivery and bill, saying it could hurt vape shops. maternal hypertension, gesta- caesarean delivery,” she said. Most of the recent fatalities from vap- tional diabetes and obesity; Jeremy Brunssen, interim director ing, he said, were caused by people • require all individuals licensed of the DHHS Division of Medicaid vaping marijuana, not using regulated or credentialed under the Uni- and Long-Term Care, testified against cartridges sold in stores. form Credentialing Act to the bill. He said DHHS does not op- “Let’s not demonize everything,” complete implicit bias training pose creating implicit bias training, Groene said. approved by DHHS; and although it would increase the depart- A Health and Human Services • create a pilot program to study ment’s costs. Committee amendment would ex- racial disparity across socioeco- The department does oppose empt licensed retail outlets that sell nomic groups and social deter- changing Medicaid requirements, vaping products from the Nebraska minants of health for pregnant Brunssen said. He said the current, Clean Indoor Air Act, enabling vape women and mothers. 60-day postpartum Medicaid coverage

106TH LEGISLATURE • UNICAMERAL UPDATE • PAGE 11 February 24 - 27, 2020 period is a federal requirement and to a single scheme, plan or conspiracy. used as evidence that changing it would require the Corey O’Brien, speaking on behalf in any trial, hear- state to seek a waiver. of the state attorney general’s office, ing or other pro- “LB1170 would change Medicaid supported LB792. It would give pros- ceeding before any eligibility for pregnant women in a way ecutors additional options to charge court, grand jury that goes beyond federal law and will drug dealers, he said. or other author- not allow the state to maximize federal “When we encounter drug dealers ity subject to state funding,” Brunssen said. or cartel members who are selling jurisdiction. Sen. Tony Vargas The committee took no immediate large amounts of narcotics, rather than Facial recognition technology often action on the bill. charging them with multiple counts ... misidentifies people of color, women, [we could] aggregate the amounts of children and seniors, Vargas said, narcotics, similar to what we already sometimes by as much as 10 times allow for theft crimes in terms of mon- more often than white men. etary amounts,” O’Brien said. “The biggest danger, in the most Also supporting the bill was Lynn extreme circumstance, is that the use Combination of certain drug Gray of Nebraska City. Her son died of this technology could lead to a dys- offenses proposed after taking a toxic combination of topian society where facial recognition methamphetamine and fentanyl, she technology will be used as a tool of op- The Judiciary Committee heard tes- said, but the woman who gave him the pression for general and suspicionless timony Feb. 26 on a bill that seeks to drugs remains free. surveillance systems,” he said. expand drug enforcement in the state. “This repeated offender killed some- Any person aggrieved under the LB792, sponsored by Peru Sen. one, went right back to drug dealing, got bill could bring a civil action against Julie Slama, would arrested not once but twice in one week the governmental entity committing allow quantities and now is free to continue making un- the violation. of cocaine, base fair and illegal profit,” Gray said. “We Spike Eickholt, representing cocaine, heroin, must arrest the dealer, not the addict.” the ACLU of Nebraska, supported amphetamine or Spike Eickholt, representing the LB1091. Regulations are needed, he methamphetamine Nebraska Criminal Defense Attorneys said, because we live in an age of rap- to be combined for Association, opposed the measure. He idly evolving technology. two or more con- Sen. Julie Slama said it could lead to unfair application “[We] are concerned with digital trolled substance violations. of the law. privacy and the rights of people to Rural Nebraska still struggles with “The impact of this law is that it be free from constant surveillance extensive abuse of methamphetamine, will allow prosecutors—at their discre- undertaken by their government and Slama said, and the bill could help put tion—to aggregate amounts to get to other entities,” Eickholt said. dealers behind bars. the mandatory minimum [level of Opposing the bill was Drake Jama- “Our current statutory framework possession],” Eickholt said. li, representing the Security Industry is very strong in the state of Nebraska The committee took no immediate Association. The use of facial recogni- with mandatory minimum [sentences] action on LB792. tion technology is lawful, ethical and in place for [possession] in excess of 10 nondiscriminatory, he said, and has grams,” she said. “But many who get Ban on facial recognition increased public safety and aided in busted for dealing meth know how to evidence considered criminal investigations. play the system and keep their dealings The committee took no immediate just below the threshold of 10 grams Members of the Judiciary Com- action on the bill. per transaction to avoid a felony charge mittee heard testimony Feb. 27 on a [sufficient for] a mandatory minimum.” proposal to protect personal privacy. Visitation rights proposed for The bill would clarify that the viola- Under LB1091, introduced by grandparents tions must occur in approximately the Omaha Sen. Tony Vargas, data or same location over a time period not evidence derived from the use of facial The Judiciary Committee held a to exceed 90 days and be attributable recognition technology could not be joint hearing Feb. 27 on two propos-

PAGE 12 • UNICAMERAL UPDATE • 106TH LEGISLATURE February 24 - 27, 2020 als to ensure the visitation rights of Sen. , Corps should prioritize flood control grandparents. which would pro- over fish and wildlife protection when LB1118, spon- vide similar protec- creating future manuals and updating sored by Norfolk tions for grandpar- levee standards. A copy of the resolu- Sen. Jim Scheer, ents seeking visita- tion would be sent to the Corps and would allow grand- tion rights. to each member of Nebraska’s congres- parents to seek visi- The committee sional delegation. tation of a grand- took no immediate Sen. Tom Briese Creighton Sen. Tim Gragert sup- child if the parents Sen. Jim Scheer action on either bill. ported the resolution. of the child have denied visitation. “With the extreme weather events Scheer said that he would have no we have experienced,” he said, “I be- legal standing under existing statute lieve it is important for the Corps to to seek visitation of his grandchild if reevaluate their master manual and his child is married. place flood control as a top priority “However, if my child is not mar- Lawmakers urge Corps to in managing the reservoir system on ried and has a child with a significant prioritize flood control on the Missouri River.” other and I want to visit that child, ac- Missouri Sen. Ernie Chambers of Omaha cording to our statute, because they’re opposed the resolution, saying that the not married, I now have standing with The Legislature voted Feb. 27 to Legislature cannot require the Corps the court,” he said. “I don’t see what urge Congress and the U.S. Army or Congress to act. a marriage certificate has to do with Corps of Engineers to make flood “[LR288] doesn’t help anybody, [visitation rights].” control a top priority when managing doesn’t hurt anybody, doesn’t cost any- Speaking in support of the bill was water systems under their authority in thing, doesn’t do anything,” he said. Leon Weiland of Madison. Raising his the Missouri River basin. Senators voted 43-1 to adopt the granddaughter with his wife for 8 years Sen. Julie Slama of Peru, sponsor resolution. gave the two no legal standing to seek of LR288, said flooding along the visitation, he said, once their daughter Missouri River in 2019 devastated remarried and revoked access to their many Nebraska communities. She granddaughter. said much of that flooding was due “I don’t believe every grandparent to a “systematic failure” by the Corps, should have access to their grandchil- which has authority over many levee dren, but we should at least have access systems in Nebraska as well as a net- Electric vehicle charging to the [courts,]” Weiland said. work of six dams used to manage water station tax credit proposed Kathryn Putnam, representing flows in the Missouri River basin. the Nebraska State Bar Association, Although the Legislature cannot The Revenue Committee heard opposed LB1118. She said it would require the Corps to change its master testimony Feb. 26 on a bill intended allow the court system to intervene water control manual for the basin or to help build a statewide network of and second guess access decisions to update its levee standards, Slama electric vehicle charging stations. made by parents. said, LR288 would signal to Congress LB1162, introduced by Lincoln “The bill as written seeks to allow and the Corps that the lives and liveli- Sen. , would provide grandparents to reach into an intact hoods of Nebraskans who live along for a nonrefund- home with married parents who mutu- the river deserve priority. able state tax cred- ally made the decision to not allow ac- “Until the Corps of Engineers it for individuals cess, and to initiate court proceedings prioritizes flood control, makes invest- and certain busi- against that married couple to force ments to update levee standards and nesses that install them to defend their decision to [stop starts taking our concerns seriously … a metered-for-fee, visitation],” Putnam said. these towns along the Missouri River public access re- Committee members also heard testi- will continue to be flooded,” she said. charging system for Sen. Anna Wishart mony on LB1190, sponsored by Albion The resolution states that the motor vehicles that are propelled in

106TH LEGISLATURE • UNICAMERAL UPDATE • PAGE 13 February 24 - 27, 2020 whole or in part by electricity. among Nebraskans. that the statute we passed in 2015 only As more Nebraskans buy EVs dur- David Jankowsky of Francis Renew- allowed for real property or personal ing the next decade, Wishart said, able Energy testified in support of property equipment to be financed, state gas tax revenue will decrease. the bill. He said his company recently not a public service like a water sup- She said Nebraska should incen- finished building a network of more ply,” Clements said. tivize private companies to build a than 100 charging stations across Sen. of Henderson charging station network because it Oklahoma with the help of a $30 mil- also supported LB870, saying direct would ensure that the state has a way lion state tax credit program. borrowing would be faster in an to collect tax revenue from Nebraska He said such stations can cost up to emergency situation and could be less residents and out-of-state motorists. $420,000 to install and take years to expensive than bond financing. “What will happen if we don’t turn a profit, making a public-private As introduced, LB870 would have start incentivizing convenience stores partnership necessary for building a waived borrowing limits if funds were and private businesses to develop EV viable statewide network. used to recover from a disaster. An Ur- infrastructure is that we will have more No one testified in opposition to ban Affairs Committee amendment, EVs in our state without having the LB1162 and the committee took no adopted 34-0, removed that provision ability to capture the revenue needed immediate action on it. and would limit direct borrowing to 20 to address wear and tear on our roads percent of the annual budget of a sec- and bridges,” Wishart said. ond class city or village or 10 percent A person subject to state income for a first, primary or metropolitan tax, an insurance company subject to class city. premium and related retaliatory taxes Lawmakers advanced LB870 to or a financial institution subject to the Bill to expand cities’ select file on a 41-0 vote. franchise tax could apply to the state borrowing ability advances Department of Revenue for the credit. Bill would expand handicapped Credits would be equal to 75 per- A bill that would allow cities and parking permits cent of the cost of installing a charging villages to borrow money after a calam- station that is placed in service during ity advanced from general file Feb. 26. The Urban Affairs Committee 2020 or 2021, and the department LB870, introduced by Bellevue considered a bill Feb. 25 that would could approve up to $25 million in Sen. , expand access to handicapped parking credits under the program. would allow cities permits. The department estimates that the and villages to bor- LB976, introduced by Lincoln Sen. bill would result in 150 to 200 new row directly from , would allow individuals charging stations and reduce state tax a financial institu- with a neurological revenue by $1.6 million in fiscal year tion to repair or impairment to ob- 2020-21, $4.5 million in FY21-22 and rebuild property tain a state-issued $3.7 million in FY22-23. or restore public Sen. Sue Crawford permit. A neuro- LB1162 would require those claim- services damaged or disrupted by a logical impairment ing the credit to file an annual report natural disaster. could include con- with the state Department of Envi- “This is a commonsense expan- ditions like autism ronment and Energy. Each report sion of authority for municipalities,” or dementia, Bolz Sen. Kate Bolz would include the number of charging Crawford said. said, or any disorder that interferes events, the number of unique vehicles Sen. Robert Clements of Elmwood with someone’s ability to walk. that were charged, the total kilowatt- spoke in support of the bill. He said Currently, a visual or physical im- hours dispensed during each charging during last spring’s flooding, Peru’s pairment is required to obtain a state event and the average kilowatt-hours water supply became contaminated, permit for mobility impairment. dispensed for all charging events dur- forcing the town to have clean water Bolz said that in 2018 the state ing the reporting period. shipped in. Department of Motor Vehicles pro- Wishart said the data would help “The local banker wanted to fi- cessed 47,136 handicapped parking the state better understand EV use nance that for them but found out permits, and there are an estimated

PAGE 14 • UNICAMERAL UPDATE • 106TH LEGISLATURE February 24 - 27, 2020

144,000 handicapped parking spaces in Nebraska. Economic forecasting board “That does speak to the sufficiency of handicapped parking spots,” Bolz raises revenue projections said. he Nebraska Economic Forecast- receipts and a $45 million increase Cristal Petersen, whose son has Ting Advisory Board voted to in corporate income tax receipts in autism, spoke in favor of the bill. increase revenue projections during a FY2019-20. She said her son, Max, can become Feb. 28 meeting at the Capitol. The Total projected revenue receipts overwhelmed by lights, sounds and board provides an advisory forecast for FY2019-20 were raised to $5.20 other stimuli while transitioning from of general fund receipts used by the billion, an increase of $115 million. a vehicle to a building. Legislature to craft the state’s budget. Projected total revenue receipts for This happened on a recent visit to Revenue projections for the current FY2020-21 were set at $5.17 billion, the Capitol, she said, when Max spot- fiscal year and FY2020-21 were raised an increase of $25 million. ted a lid from a fountain drink blow- primarily based on an anticipated $70 The next board meeting is sched- ing in the wind. Petersen said Max, million increase in sales and use tax uled for Oct. 29. n who “hates litter,” started chasing the lid as it floated toward a busy street. “Max was moments away from running into traffic,” Petersen said. “Imagine if I hadn’t been able to stop him.” Terry Streetman, speaking on behalf of the of the Alzheimer’s As- sociation Nebraska Chapter, also testified in support of the bill. He said six out of 10 people with dementia will wander, while others can become overwhelmed and disoriented in busy public spaces and find themselves in harm’s way. “The potential consequences of a wandering event for a person with Alzheimer’s is severe,” Streetman said. “Beyond the direct physical risks, these difficulties can result in a lack of access Committee Hearings to social engagement, which has been Current hearing schedules available at: NebraskaLegislature.gov/calendar shown to be very important for people Thursday, March 5 living with cognitive impairment, and Natural Resources even limit access to necessary medical Room 1525 -1:00 p.m. treatment.” Appointment: Dennis D. Grams - Environmental Quality Council No one testified against LB976 and Appointment: Dallen R. Juelfs - Oil and Gas Conservation Commission Appointment: Felix B. Davidson - Environmental Trust Board the committee took no immediate ac- n tion on it. Wednesday, April 8 Nebraska Retirement Systems Room 1525 -12:00 p.m. Presentation of the Nebraska Investment Council Annual Report to the Nebraska Retirement Systems Committeepursuant to section 72-1243(2) Presentation of the Nebraska Public Employees Retirement Systems Annual Report to the Nebraska Retirement Systems Committee pursuant to section 84- 1503(3) n

106TH LEGISLATURE • UNICAMERAL UPDATE • PAGE 15 February 24 - 27, 2020

Priority bills generally are scheduled for debate before Priority other bills. The speaker may select 25 priority bills. Senator and committee priority bill lists appear in Issue #7 of the Bills Unicameral Update and on NebraskaLegislature.gov. SPEAKER PRIORITY BILLS Priority Bill Introducer One-line description

Scheer LB247 Bolz Adopt the Advance Mental Health Care Directives Act Scheer LB705 Murman Provide for distribution of funds upon death from an achieve a better life experience account Scheer LB751 Blood Provide for a mental health exception to compulsory education requirements Scheer LB760 Kolterman Require health carriers to provide coverage for asynchronous review by a dermatologist by way of telehealth Scheer LB781 Stinner Provide for annual continuing education for treasurers of certain local governments and provide a duty for the Auditor of Public Accounts Scheer LB797 M. Hansen Change restrictions on municipal annexation Scheer LB803 Hughes Adopt the Pulse Crop Resources Act and harmonize other provisions of law Scheer LB832 Bostelman Provide immunity for removal of a child from a motor vehicle Scheer LB835 Halloran Change provisions of the Nebraska Pure Food Act Scheer LB850 Pansing Brooks Authorize placement of a monument to the First Regiment Nebraska Volunteer Infantry at Fort Donelson National Battlefield Scheer LB865 Wayne Change income tax provisions relating to the Nebraska educational savings plan trust and authorize employer contributions to the trust Scheer LB889 Hilgers Change appeal provisions under the Administrative Procedure Act Scheer LB910 Stinner Provide for, change, eliminate, and change distribution of fees and funds of the Secretary of State Scheer LB911 Quick Provide for acquisition of former Nebraska Veterans’ Memorial Cemetery in Grand Island Scheer LB918 Wayne Create the Commission on African American Affairs and require a study Scheer LB923 Lindstrom Change sales tax provisions relating to gross receipts Scheer LB965 McDonnell Establish a language assessment program for children who are deaf or hard of hearing Scheer LB966 DeBoer Adopt the Uniform Wills Recognition Act (1977) Scheer LB1028 Lathrop Change filing procedure for actions in Small Claims Court Scheer LB1080 Lathrop Require school policies that prohibit sexual conduct with students and former students Scheer LB1107 Scheer Change property tax provisions relating to notice of preliminary valuations Scheer LB1124 Howard Adopt the Opioid Prevention and Treatment Act Scheer LB1130 Groene Change provisions relating to agreements and application deadlines under the Mutual Finance Assistance Act Scheer LB1166 Brewer Change school district membership requirements as prescribed Scheer LB1185 Health & Human Change provisions relating to criminal history record information checks Services for child care staff members

PAGE 16 • UNICAMERAL UPDATE • 106TH LEGISLATURE February 24 - 27, 2020 Senator Contact Info

Sen. Sen. Robert Clements Sen. Ben Hansen Sen. Sen. Dan Quick Thurston, District 17 Elmwood, District 2 Blair, District 16 Omaha, District 12 Grand Island, District 35 Room 1404 Room 1120 11th Floor Room 1103 Room 1406 (402) 471-2716 (402) 471-2613 (402) 471-2728 (402) 471-2623 (402) 471-2617 [email protected] [email protected] [email protected] [email protected] [email protected] news.legislature.ne.gov/dist17 news.legislature.ne.gov/dist02 news.legislature.ne.gov/dist16 news.legislature.ne.gov/dist12 news.legislature.ne.gov/dist35

Sen. John Arch Sen. Sue Crawford Sen. Matt Hansen Sen. Sen. Jim Scheer La Vista, District 14 Bellevue, District 45 Lincoln, District 26 Omaha, District 18 Norfolk, District 19 Room 1306 Room 1012 Room 2010 Room 2015 Room 2103 (402) 471-2730 (402) 471-2615 (402) 471-2610 (402) 471-2618 (402) 471-2929 [email protected] [email protected] [email protected] [email protected] [email protected] news.legislature.ne.gov/dist14 news.legislature.ne.gov/dist45 news.legislature.ne.gov/dist26 news.legislature.ne.gov/dist18 news.legislature.ne.gov/dist19

Sen. Carol Blood Sen. Wendy DeBoer Sen. Mike Hilgers Sen. Sen. Julie Slama Bellevue, District 3 Bennington, District 10 Lincoln, District 21 Elkhorn, District 39 Peru, District 1 Room 1021 Room 1114 Room 2108 Room 1116 11th Floor (402) 471-2627 (402) 471-2718 (402) 471-2673 (402) 471-2885 (402) 471-2733 [email protected] [email protected] [email protected] [email protected] [email protected] news.legislature.ne.gov/dist03 news.legislature.ne.gov/dist10 news.legislature.ne.gov/dist21 news.legislature.ne.gov/dist39 news.legislature.ne.gov/dist01

Sen. Kate Bolz Sen. Myron Dorn Sen. Sen. John Lowe Sen. John Stinner Lincoln, District 29 Adams, District 30 Omaha, District 4 Kearney, District 37 Gering, District 48 Room 1015 11th Floor Room 2028 Room 2011 Room 1004 (402) 471-2734 (402) 471-2620 (402) 471-2621 (402) 471-2726 (402) 471-2802 [email protected] [email protected] [email protected] [email protected] [email protected] news.legislature.ne.gov/dist29 news.legislature.ne.gov/dist30 news.legislature.ne.gov/dist04 news.legislature.ne.gov/dist37 news.legislature.ne.gov/dist48

Sen. Sen. Steve Erdman Sen. Sen. John McCollister Sen. Tony Vargas Brainard, District 23 Bayard, District 47 Omaha, District 9 Omaha, District 20 Omaha, District 7 Room 1118 Room 1124 Room 1402 Room 1017 Room 1000 (402) 471-2719 (402) 471-2616 (402) 471-2723 (402) 471-2622 (402) 471-2721 [email protected] [email protected] [email protected] [email protected] [email protected] news.legislature.ne.gov/dist23 news.legislature.ne.gov/dist47 news.legislature.ne.gov/dist09 news.legislature.ne.gov/dist20 news.legislature.ne.gov/dist07

Sen. Tom Brandt Sen. Curt Friesen Sen. Dan Hughes Sen. Mike McDonnell Sen. Plymouth, District 32 Henderson, District 34 Venango, District 44 Omaha, District 5 Fremont, District 15 Room 1528 Room 1110 Room 1117 Room 2107 Room 1403 (402) 471-2711 (402) 471-2630 (402) 471-2805 (402) 471-2710 (402) 471-2625 [email protected] [email protected] [email protected] [email protected] [email protected] news.legislature.ne.gov/dist32 news.legislature.ne.gov/dist34 news.legislature.ne.gov/dist44 news.legislature.ne.gov/dist05 news.legislature.ne.gov/dist15

Sen. Tom Brewer Sen. Sen. Megan Hunt Sen. Adam Morfeld Sen. Justin Wayne Gordon, District 43 Lincoln, District 25 Omaha, District 8 Lincoln, District 46 Omaha, District 13 Room 1101 Room 2000 Room 1523 Room 1008 Room 1115 (402) 471-2628 (402) 471-2731 (402) 471-2722 (402) 471-2720 (402) 471-2727 [email protected] [email protected] [email protected] [email protected] [email protected] news.legislature.ne.gov/dist43 news.legislature.ne.gov/dist25 news.legislature.ne.gov/dist08 news.legislature.ne.gov/dist46 news.legislature.ne.gov/dist13

Sen. Tom Briese Sen. Tim Gragert Sen. Sen. Mike Moser Sen. Matt Williams Albion, District 41 Creighton, District 40 Omaha, District 31 Columbus, District 22 Gothenburg, District 36 Room 1019 11th Floor Room 1018 Room 1529 Room 1401 (402) 471-2631 (402) 471-2801 (402) 471-2327 (402) 471-2715 (402) 471-2642 [email protected] [email protected] [email protected] [email protected] [email protected] news.legislature.ne.gov/dist41 news.legislature.ne.gov/dist40 news.legislature.ne.gov/dist31 news.legislature.ne.gov/dist22 news.legislature.ne.gov/dist36

Sen. Machaela Cavanaugh Sen. Mike Groene Sen. Sen. Dave Murman Sen. Anna Wishart Omaha, District 6 North Platte, District 42 Seward, District 24 Glenvil, District 38 Lincoln, District 27 11th Floor Room 1107 Room 2004 Room 1522 Room 1308 (402) 471-2714 (402) 471-2729 (402) 471-2756 (402) 471-2732 (402) 471-2632 [email protected] [email protected] [email protected] [email protected] [email protected] news.legislature.ne.gov/dist06 news.legislature.ne.gov/dist42 news.legislature.ne.gov/dist24 news.legislature.ne.gov/dist38 news.legislature.ne.gov/dist27

Sen. Ernie Chambers Sen. Sen. Andrew La Grone Sen. Omaha, District 11 Hastings, District 33 Gretna, District 49 Lincoln, District 28 Room 1302 Room 1022 11th Floor Room 1016 (402) 471-2612 (402) 471-2712 (402) 471-2725 (402) 471-2633 news.legislature.ne.gov/dist11 [email protected] [email protected] [email protected] news.legislature.ne.gov/dist33 news.legislature.ne.gov/dist49 news.legislature.ne.gov/dist28

106TH LEGISLATURE • UNICAMERAL UPDATE • PAGE 17 February 24 - 27, 2020 Legislative Process he lawmaking process in Nebraska can formally consider it. officially begins when a bill is Legislative committees then consider introduced. But the process each bill and may propose amendments actuallyT begins much earlier, when to them before advancing them to the senators formulate ideas for new laws. full Legislature. The legislative body Anyone — concerned citizens, special then has an opportunity to debate a bill interest groups, state agencies or the at least twice before voting on its final governor — may suggest an idea for passage. a new law. But a senator, a group of This is the process a bill must senators or a legislative committee must undergo before it becomes a Nebraska introduce the idea before the Legislature statute:

Research the Legislature. The clerk First, a senator and his or reads the title of the bill her staff research a problem into the record, assigns and study possible legisla- the bill a number and tive remedies. Senators prints copies of it for may introduce bills to cre- public and legislative ate new laws or to repeal or use. change existing laws. Much research is done Committee Action during the period between Except for a few tech- sessions called the inter- nical bills, all bills and im. During this time, com- many resolutions must mittees study a variety receive a public hearing of issues that have been before a legislative com- outlined in interim study mittee. A nine-member resolutions passed by the Reference Committee Legislature. determines which bills will be heard by which Drafting committees, based on A senator brings his or subject matter jurisdic- her idea for a new law to a tion. bill drafter, who works with The Legislative Fiscal the senator to transform the A legislative committee hearing Office prepares budget idea into the proper legal statements known as form for a bill. Unlike some fiscal notes for each bill states, bills introduced in Nebraska must contain only introduced. Fiscal notes generally are prepared before one subject. a committee conducts a hearing on a bill. After the hearing, the committee may either indefinitely Introduction postpone the measure, hold it for further discussion or Most bills are introduced during the first 10 days of a advance it to the full Legislature. The committee may regular legislative session, which begins each January. forward recommended amendments to the bill if it is To introduce a bill, a senator files it with the clerk of advanced.

PAGE 18 • UNICAMERAL UPDATE • 106TH LEGISLATURE February 24 - 27, 2020

General File Final Reading General file is the first time the full Legislature can Final Reading is the third and last stage of legislative debate and vote on bills. At this stage, senators often consideration. The Nebraska Constitution requires the consider amendments, which may be proposed both clerk of the Legislature to read every bill aloud in its by committees and by individual senators. Many people entirety before the vote on whether to pass it. However, consider general file to be the most crucial stage of that requirement may be waived by a three-fifths vote the legislative process, because it is where most com- (30 members) of the Legislature. promises are worked A bill may not be out through debate and amended on final read- amendment. ing, but it may be re- Bills on general file turned to select file for may be amended, in- specific amendment. definitely postponed, No bill can be passed sent back to committee on final reading until or advanced to the next at least five legislative stage. As with most days after the bill is legislative business, it introduced and one takes a majority of sena- legislative day after it is tors (25 votes) to adopt placed on final reading. any amendment or to move a bill from general Governor file to the next stage. After the Legislature After a bill is ad- passes a bill on final vanced from general reading, it goes to the file, it undergoes an ini- governor. The governor tial process of enroll- has five days, exclud- ment and review, or ing Sundays, to decide E&R. During E&R Initial, what to do with a bill. adopted amendments If the governor signs a are reviewed and the bill or declines to act on entire bill is checked for it, the bill becomes law. technical and grammati- If the governor vetoes cal accuracy. the bill, it is returned to the Legislature with the Select File The George W. Norris Legislative Chamber governor’s objections. Select file is the sec- A three-fifths vote of ond debating and voting the Legislature is re- stage. This stage offers another opportunity for amend- quired to override a governor’s veto. The governor also ment, compromise and reflection. Bills on select file may make reductions of specific figures in state budget may be amended, indefinitely postponed, sent back to bills. These reductions are line-item vetoes. committee or advanced to the next stage. After a bill is advanced from select file, the bill and all Laws of Nebraska of its adopted amendments are sent to enrollment and Most bills passed and approved by the governor be- review final for a process called engrossment. Once all come law three calendar months after the Legislature ad- amendments are incorporated into the bill, it is consid- journs. However, bills may take effect earlier if they contain ered to be “correctly engrossed.” The bill then is reprinted an emergency clause or a specified operative date. An for final reading. emergency clause allows a bill to take effect immediately after the governor signs it. It takes a vote of 33 members of the Legislature to pass a bill with an emergency clause. g

106TH 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

Feb. 24 to 28 was Music Education Week at the Capitol. Student groups from across the state performed in the Capitol Rotunda.