UNICAMERAL UPDATE Stories published daily at Update.Legislature.ne.gov Vol. 40, Isssue 6 / Feb. 6 - 10, 2017 Proposed income tax cuts tied to growth bill heard by the Revenue Committee Feb. 8 would A incrementally reduce the state’s top income tax rate over the next decade if economic growth meets a benchmark rate. Introduced by Sen. Jim Smith of Papillion at the re- quest of Gov. , LB337 would reduce the highest individual income tax rate by roughly 0.1 per- Sen. Jim Smith cent per year from Gov. Pete Ricketts encouraged the Revenue Committee to advance his proposed tax package. 2020 to 2027, provided that the Revenue estimates that the bill would re- taxpayers. Small business owners could expected rate of revenue growth from duce state tax revenue by approximately use that extra money to expand, he said. year to year exceeds 3.5 percent. $288 million in fiscal year 2027-28. “Some individuals will see smaller The state’s top income tax rate would Smith said the bill would provide savings than others,” Smith said, “but drop from 6.84 percent in 2020 to 5.99 tax relief for the state’s small business collectively more than $1 billion will percent in 2027, for a total reduction of owners, most of whom pay taxes as in- be introduced into the economy once 0.85 percent. The state Department of dividuals, at a higher rate than corporate LB337 is fully implemented.” (continued page 2) Clements appointed to fill District 2 vacancy obert Clements of Elmwood will fill the legislative seat left vacant by the resignation of Sen. Bill Kintner last month. R Gov. Pete Ricketts announced the appointment at a press conference Feb. 6. Thirty-five people applied to fill the seat, Ricketts said, and he interviewed several before settling on Clements, who was sworn in by Supreme Court Chief Justice Mike Heavican after the announcement. “I am honored to have this opportunity to represent the people in my district,” Clements said. “I know the state is facing difficult budget decisions, and I believe my background and experience will be of service during this process.” Clements, executive vice president of the American Exchange Bank, graduated from the University of Nebraska-Lincoln in 1973 with a degree in math and minors in economics and actuarial sci- ence. He worked as an actuary in Kansas City until 1978, when he returned to Elmwood to work at the American Exchange Bank. Clements and his wife Peggy have five children and 10 grand- Sen. Robert Clements is sworn in by Chief Justice Michael Heavican. children. g

INSIDE: Meet Sen. Walz • Income-based valuation of ag land proposed • Committee hearing schedule February 6 - 10, 2017 Proposed income tax cuts tied to growth (continued from front page) Each year beginning in November might result in only modest tax relief bill’s tax cuts would go to the wealthiest 2019, the Legislature’s Tax Rate Re- in any single year, the incremental re- 1 percent of Nebraskans and would do view Committee would use data from ductions would make a big difference little to help most small businesses. the Nebraska Economic Forecasting over time. Nebraska businesses and Once the bill is fully implemented, Advisory Board to determine whether those outside the state would consider Fry said, an earner in the state’s top 1 the income tax rate would be cut that fact when they are planning to percent would receive a $5,800 annual for the next fiscal year. If the board expand or relocate, he said. tax cut, while middle income earners determines that the projected rate of “We should strive to make our in- would receive only $39 and people with tax revenue growth is less than 3.5 per- come tax rates competitive with other low incomes would receive nothing. cent, the rate cut would be deferred. states, we should do so incrementally “The revenue losses created by From 2020 to 2026, any deferral and we should do so as available rev- LB337 would, however, impede would remain in effect until the expect- enue allows,” Fulton said. Nebraska’s ability to invest in real ed rate of growth exceeds 4.2 percent. Jeffrey M. Scherer, testifying on economy builders like schools, public Ricketts said the bill would help behalf of the Nebraska Chamber of safety and infrastructure,” she said. Nebraska compete with neighboring Commerce and Industry, spoke in Kenneth Kriz, professor of public states when attracting new businesses. support of the bill, saying it would cut finance at Wichita State University, Iowa is the only neighboring state taxes on the 90 percent of Nebraska testified in a neutral capacity. He said with a higher income tax rate, he said. businesses that pay income taxes at his research, which includes analysis Kansas, Colorado and Missouri have the individual rate. He said the state’s of data from all 50 states over 40 lower rates, and Wyoming and South income tax rate makes it difficult for years, has found no strong correla- Dakota have no income tax. Ricketts businesses to attract skilled workers. tion between tax cuts and economic called the gradual reduction a prudent “If we really want to grow our growth: for every 1 percent cut in and measured approach to reducing economy,” he said, “we must provide taxes, a state’s economy grew by only Nebraska’s income tax rate. income tax relief.” 0.2 percent. Because the tax cuts do “We didn’t get to be a high-tax state Renee Fry, executive director of the not pay for themselves, Kriz said, states overnight,” he said, “and we’re not OpenSky Policy Institute, opposed the then must cut spending. going to get back down out of being a bill, saying that similar automatic cuts “On the whole,” he said, “the ben- high-tax state overnight.” adopted by Oklahoma resulted in a bud- efits do not outweigh the costs of this.” Tony Fulton, state tax commis- get crisis when state tax revenue dropped The committee took no immediate sioner, said that although the proposal unexpectedly. She said 33 percent of the action on the bill. 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.

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PAGE 2 • UNICAMERAL UPDATE • 105TH LEGISLATURE February 6 - 10, 2017 Meet the Senator Walz wins race to the Capitol f not for a fateful phone call from running for office,” she said. “I knew with people receiving government a former state senator, Sen. Lynne I wanted to do something different. I assistance. IWalz of Fremont might have gone knew I wanted to work with people in “I’ve heard so many times that down a very different path. some capacity.” people on government assistance just She was 14 years into a successful Walz did not take lightly the want to work,” she said. “There’s career as a realtor when she felt an decision to run. She consulted with such a misperception that living on urge to try something new. In a life someone she’s known since she was assistance is this really lucrative way filled with a broad variety of experi- 12 — former state senator, Sen. Ray of life. I want to help get people back ences, Walz had settled on her next Janssen. She knew he would be totally to work and help them gradually get adventure; she would attend seminary honest with her and would have no off that assistance.” and join the ministry. problem telling her if it was a terrible Changing the way students learn is When the suggestion came to run idea. a primary focus of the former teacher. for the Legislature, she was caught Instead, he applauded. He encour- She believes a renewed focus on completely off guard. aged her to rely on her years working practical life skills like budgeting and “I really had never even considered with people with developmental family life skills would better prepare disabilities, teaching young people for their futures. Walz fourth- and fifth- also advocates for more programs grade students and and resources to assist young people helping families turn diagnosed with autism and other de- houses into homes. velopmental disabilities. “I’ve had so many When she’s not serving in Lincoln, jobs and experi- you can find Walz cheering on daugh- ences,” Walz said. ter Emma at swim meets or cooking “I’ve met so many and entertaining at home with her different people and husband Chris. Her son Adam lives heard their different in Kansas City with his wife, and son stories. That’s one of Patrick is stationed at Fort Campbell, the most important Kentucky with his wife and two chil- things I can bring to dren. my role as senator.” The transition to citizen senator She’s focused on has been a relatively smooth process bringing jobs to Ne- for Walz. She’s adjusting to a new braska that will pro- commute to Lincoln and hearing from vide more opportu- constituents throughout her district. nities for the people Walz loves meeting new people and who have expressed hearing their stories, even if that concerns about be- means spending more time in the coming self-reliant produce aisle. and taking care of “I still go to the store in my sweat- their families. One pants,” she laughed. “It always took important step, Walz me a while to get out of the store just says, is changing the because I know so many people. Now stigma associated it just takes a little longer.” g An avid runner, Sen. competed in the 2014 Omaha Marathon.

105TH LEGISLATURE • UNICAMERAL UPDATE • PAGE 3 February 6 - 10, 2017

vidual’s yearly earnings as a percentage of ing parents in the state are eligible for Nebraska’s average weekly wage. leave under the federal family leave The state Department of Labor program, which is unpaid. would administer the program and “In an ideal world, employers would Family leave plan proposed the bill would transfer $4 million from offer this on a volunteer basis,” she said. the Health Care Cash Fund to a newly Clayton Freeman, director of Nebraska would create a program created Paid Family Medical Leave Insur- programs and public policy for the similar to the federal paid family leave ance Fund to cover up-front administra- Alzheimer’s Association Nebraska program under a bill considered Feb. 6 tion costs. Those funds would be repaid Chapter, also supported in the bill. by the Business and Labor Committee. in installments over a five-year period. He said one of the greatest concerns Bellevue Sen. , spon- Ongoing benefits would be funded among the 81,000 caregivers of indi- sor of LB305, said she has heard by contributions collected by covered viduals with Alzheimer’s in Nebraska “heart-wrenching” employers as a payroll deduction from is the ability to take time from work stories about the covered individuals. That amount to care for their loved ones while difficulty that Ne- could not exceed 0.5 percent of a maintaining their financial well-being. braskans face when covered individual’s gross wages in any “This act would provide partial attempting to bal- 12-month period. wage replacement to those workers ance work and fam- The bill also would: who need to take time off for family ily responsibilities. • require an employer to maintain and medical reasons,” Freeman said. “As Nebraskans Sen. Sue Crawford health benefits for a covered Testifying in opposition to the bill we value hard work and we value our employee during a leave period; on behalf of the Nebraska, Omaha family responsibilities,” she said. “We • require an employer to restore and Lincoln chambers of commerce, have one of the highest workforce the individual to their position Art Schorr said the bill would nega- participation rates in the country.” prior to leave or a position with tively impact small businesses in the LB305 would create the Paid Fam- equivalent pay and benefits; and state. He said there are good reasons ily Medical Leave Insurance Act, un- • prohibit retaliatory action by that the federal act applies only to em- der which a covered individual would an employer against a covered ployers with 50 or more employees and be provided family medical leave for: individual who claims leave to individuals who have worked for 12 • care of a new child after birth, under the program. consecutive months at the same job. adoption or foster care placement; Crawford said New Jersey, Rhode “LB305 does not address these issues • leave during a covered individu- Island and California have passed simi- in anywhere near the detail that the fed- al’s serious illness or pregnancy; lar laws. Nebraska could be a pioneer in eral [law] does,” he said, adding that the • care of a family member with a paid family leave, she said, adding that bill could “cripple” a small business that serious health condition; the program could help solve the state’s has only five or 10 employees. • care of a covered service mem- workforce shortage by offering a cutting- John Albin, Nebraska commissioner ber who is next of kin; and edge recruiting and retention tool. of labor, also opposed the bill. The 0.5 • qualified exigency leave as de- “LB305 ensures that workers can percent contribution rate would not be fined in the bill. put family first without sacrificing sufficient to cover the estimated $300 A covered individual would be their jobs,” she said. million in annual benefits that would entitled to take leave under the bill be- Kaitlin Reece, policy coordinator be paid out under the bill, he said. ginning April 1, 2020. Available leave for Voices for Children in Nebraska, In addition, he said, the department would vary between 6 and 12 weeks testified in support of the bill. Providing would need to develop a new informa- during any calendar year dependent paid family leave would demonstrate to tion technology system to collect the on the qualified reason for the leave. Nebraska workers that the state values payroll tax and process claims. A covered individual could not receive hard work and wants to help provide the “The department’s primary con- family medical leave benefits and unem- best start in life for children, she said. cern is the fiscal sustainability of the ployment or workers’ compensation ben- Reece noted that 77.9 percent of all program,” Albin said. efits at the same time. Benefit amounts available parents in Nebraska are in The committee took no immediate would be determined by a covered indi- the workforce, but only half of work- action on LB305.

PAGE 4 • UNICAMERAL UPDATE • 105TH LEGISLATURE February 6 - 10, 2017

Bill would prohibit employment and often face retaliation when seeking Friesen said the bill is intended discrimination against family the ability to care for family members. to increase equalization aid, or state caregivers The state has an interest in ensuring that funds paid to school districts that workers can care for their families while cannot meet their needs using local A bill seeking to expand employ- pursuing gainful employment, he said. resources such as property taxes. Many ment protections to include family “The inclusion of care responsibili- schools, particularly those in rural caregivers was heard by the Business ties as a protected class would support areas, do not receive equalization aid and Labor Committee Feb. 6. these vital interests,” Zabih said. because high agricultural land valua- Currently, employers covered by Testifying on behalf of the Nebraska tions have driven up property taxes. the Nebraska Fair Employment Prac- Independent Business Association, “This bill would immediately help tices Act may not discriminate based Robert Hallstrom testified in opposition all schools that don’t receive equaliza- on race, color, religion, sex, disability to LB372. Under the bill, something as tion aid,” he said. or national origin. LB372, introduced insignificant as administering over-the- David Grimes, speaking for the Ne- by Bellevue Sen. Sue Crawford, would counter medication throughout the day braska Farm Bureau, testified in support add family care responsibilities to the could qualify as a caregiving responsibil- of the bill, saying that the state relies too list of protected classes. ity and engender a claim, he said. heavily on property taxes to fund public The bill defines family care respon- “The definition of family care re- education. Nebraska public schools re- sibility as providing direct and ongoing sponsibilities is extremely vague and ceive 33 percent of their funding from care for a person’s spouse, child, par- will dramatically increase the amount state sources, he said, compared to a ent, sibling, grandchild or grandparent of frivolous litigation,” Hallstrom said. national average of 47 percent. — or a spouse’s child or parent. The committee took no immediate “Nebraska needs to diversify its Crawford said that approximately action on the bill. portfolio of resources to fund public 51 percent of Nebraskans have acted as education,” Grimes said. an unpaid caregiver for a loved one and Bonnie Hinkle, representing the that 60 percent of those providing care Greater Nebraska Schools Associa- were employed either part time or full tion, testified in opposition to the bill. time while doing so. The state needs to She said the association is concerned ensure that these caregivers are safe from Minimum state aid per student that, in order to pay for the proposal, workplace discrimination, she said. proposed districts with lower valuations and “Caregivers in Nebraska play a vital higher levels of poverty and greater stu- role in ensuring that our older popula- Each Nebraska public school district dent needs would receive less state aid. tions can continue to live at home lon- would receive a minimum amount of “In other words,” she said, “scarce ger,” Crawford said. “LB372 creates pro- state aid per student under a bill heard resources currently earmarked for districts tections for caregivers by adding family by the Education Committee Feb. 6. with students with the greatest needs will care responsibilities as a protected class.” LB265, introduced by Sen. Curt lose those scarce resources to other school Susan Campbell, co-chairperson Friesen of Henderson, would direct districts that have the ability to raise of the Nebraska Caregiver Coalition, $1,500 per stu- educational funds locally though taxable testified in support of the bill, saying dent to school wealth and other accessible resources.” that caregivers need assurances that districts begin- Micaela LaRose of OpenSky Policy they can care for loved ones without ning with fiscal Institute testified in a neutral capacity. being harassed or fired. year 2018-19. The If implemented, the bill would reduce “It is so important because if you amount would in- property taxes by 22.9 percent for agri- aren’t a caregiver — or haven’t been a crease incremen- cultural landowners and would direct caregiver — you will be,” Campbell said. tally each year Sen. state aid to 228 of 245 school districts, Omaid Zabih, staff attorney for until it reaches $5,500 in FY2022-23. she said. However, 17 districts, including Nebraska Appleseed, also testified in The bill would increase state aid to 10 with the greatest needs, would receive support, saying many low-income work- public schools by an estimated $71.8 no increase in state aid, LaRose added. ers have little or no flexibility in their million in FY2018-19 and by $152.6 “With such a high cost, it may prove schedules to address family care needs million in FY2019-20. difficult to fully fund the proposal,” she

105TH LEGISLATURE • UNICAMERAL UPDATE • PAGE 5 February 6 - 10, 2017 said, “and therefore we have concerns could not return the student to the even one engaging in a bad behavior.” that the existing equalization aid for classroom from which they were re- Brad Meurrens, public policy di- these 17 school districts would be jeop- moved without the teacher’s consent. rector for Disability Rights Nebraska, ardized in order to pay for this proposal.” The bill would prevent legal action also opposed the bill. He said restraint The committee took no immediate or administrative discipline against can result in the injury or death of action on the bill. teachers who protect students or children, especially when staff are themselves, protect school property not trained. The bill contains no Physical restraint proposed or remove a disruptive student from safeguards or provisions for staff for unruly students a classroom. training, Meurrens added. He urged Jay Sears, speaking for the Nebras- the committee to instead commission Teachers could physically restrain ka State Education Association, testi- an interim study to address school violent students and remove unruly fied in support of the bill. He said the violence. students from the classroom without association received more than 7,000 “The problems inspiring this leg- facing legal action under a bill heard responses to an email survey about islation are complex and require a by the Education Committee Feb. 7. LB595 that it sent to members. Eighty thoughtful, planned and deliberate LB595, introduced by Sen. Mike percent of respondents reported that process, which is starkly lacking in this Groene of North discipline and behavior problems have bill,” he said. Platte, would al- increased, Sears said, and 60 percent The committee took no immediate low teachers and said unruly and disruptive students action on the bill. administrators to are the biggest problem they face in use physical force the classroom. Bill would consider dyslexia a to restrain or sub- “Our members have told us in no learning disability due a student that uncertain terms that they need strong becomes physically Sen. support and additional resources and A bill heard by the Education Com- violent toward himself or herself, an- training to ensure safe classrooms for mittee Feb. 7 would identify dyslexia, other student, a teacher or an adminis- all students,” he said. which causes difficulty in acquiring trator. A teacher or administrator also Karen Haase, an attorney who prac- and processing language, as a learning could physically restrain a student who tices school law, testified in opposition disability in state law. is destroying school property. to the bill, saying that it points to a Under current law, disability means Groene said the bill would help need for mental health resources for an impairment teachers maintain discipline in the young children, not a lack of options that causes a child classroom. He said current student for dealing with violent and unruly to need special discipline regulations authorize sus- students. Simply removing a disruptive education and pension or expulsion of students, but student from the classroom will not related services. there are no guidelines for containing solve the problem, she said. LB645, intro- violent and disruptive students. “I believe that LB595 is bad pub- duced by Lincoln “We need to help our teachers con- lic policy — bad for teachers, bad for Sen. Patty Pansing Sen. trol their classrooms,” Groene said. schools and bad for kids,” Haase said. Brooks, would add dyslexia to the list The proposal would allow a teacher Lynn Redding also testified against of defined disabilities, which includes to remove a student from class if the the bill. As a person with a disability blindness, deafness and autism. student’s behavior interferes with the who has had restraints applied to her Pansing Brooks said Nebraska is teacher’s ability to communicate with in school, she said that the bill would one of only 11 states that does not have students or with the students’ ability not help create a safe environment for legislation regarding dyslexia screen- to learn. teachers and students. ing. Defining dyslexia in statute would A student removed from a class- “I fear that letting teachers be free raise awareness of the condition in room for disruptive behavior could of potential discipline or legal actions Nebraska, she said, an important first be placed into another classroom, will allow the potential for abusive situ- step that could be followed later by in-school suspension or an alternative ations,” she said. “There is a line that requirements for assessment, screen- education program, but a principal needs to be drawn to protect a child, ing and teacher training.

PAGE 6 • UNICAMERAL UPDATE • 105TH LEGISLATURE February 6 - 10, 2017

“It sends a clear message that dys- local ordinances in Nebraska,” Kopacki lexia is a specific learning disability said. “[LB68] would simplify Nebraska that needs our attention,” she said. firearm ordinances by keeping them Dyslexia would be defined, in part, consistent and fair across the state.” as a learning disability that is charac- Representing the Nebraska Firearm terized by difficulty with accurate or Uniform enforcement of Owners Association, Dick Clark also fluent word recognition and by poor firearm regulations proposed supported the bill. He said it no longer spelling and decoding abilities. makes sense to make gun policy at the Eileen Vautravers, speaking on Firearm regulations would be con- local level in Nebraska. behalf of the Nebraska Medical As- sistent statewide under a bill consid- “Authorization of these local ordi- sociation and the Nebraska Dyslexia ered by the Government, Military and nances may have once made sense, but Association, testified in support of Veterans Affairs Committee Feb. 10. they are now obsolete in 2017 because the bill. Vautravers said early identi- LB68, introduced by Lincoln we live, work and travel very differently fication of dyslexia and intervention Sen. , than we did in [the past],” he said. are critical in the prevention of read- would authorize Several members of Nebraskans ing problems in children. Dyslexia the state to regulate Against Gun Violence and Moms De- accounts for 80 percent of learning the registration, mand Action for Gun Sense opposed disabilities, she said, and is the most possession, trans- the bill, saying the perceived benefits common cause of reading problems. portation, transfer of the bill were not worth the risks to Up to 60,000 Nebraska public school and storage of fire- public safety. Their opposition focused students are dyslexic, she added. arms and ammuni- Sen. Mike Hilgers primarily on concerns that repealing “More educators, administrators, tion, overriding individual city and local firearm ordinances could result in speech language pathologists and village ordinances. Cities and villages people openly carrying guns in public school psychologists must become would retain the authority to enforce spaces like schools, university campus- aware that dyslexia exists, know what prohibitions on firearm discharge. es, government buildings, community dyslexia is and that it is a disability for Hilgers said an inconsistency in parks and domestic violence shelters. which schools must provide services,” policy that allows a “patchwork” of local In her opposition testimony, Rebecca she said. ordinances regarding firearm possession Jewell of Lincoln said her sister was Hunter Gilbertson also testified in creates the possibility that a responsible working as a teacher at Colorado’s Col- support of the bill. His parents asked firearm owner could unknowingly vio- umbine High School when two students for him to be screened for dyslexia late city ordinances while traveling. opened fire in the school’s cafeteria after his second-grade teacher noticed “Currently, local ordinances have during lunch. Nearly 20 years later, she that he had trouble reading. He said created a patchwork of firearms laws said, the trauma of that day continues reading, spelling, writing and typing throughout the state,” he said. “Ne- to impact her sister and family. are difficult for him, but working with braskans need and deserve consistent “There is no evidence saying more resource teachers, listening to audio- firearms regulations across the state guns result in a safer society — in fact books and using dictation software so law-abiding citizens may remain the evidence shows just the opposite,” have made those tasks easier. law-abiding citizens.” Jewell said. “Please don’t hand our “Sometimes having dyslexia is hard Representing the National Rifle rights to make local decisions for local because other kids and adults don’t Association, Chris Kopacki testified [problems] away.” understand why I can’t read or write in support of the bill, calling it a good Omaha City Councilman Garry as well as other people,” he said. “I policy that provides a common sense Gernandt also testified in opposition think that it is important that people solution to a real problem in the state. to the bill on behalf of the council. understand what dyslexia is and that it If a lawful firearm owner in Bellevue Omaha passed a gun registry ordi- doesn’t mean that you are stupid but were to commute to Omaha with a nance to combat gang violence, he that you learn differently.” gun in his vehicle, he said, that person said, but if LB68 were passed, that or- No one testified in opposition to could unknowingly be in violation of dinance would become null and void. the bill and the committee took no Omaha’s gun registry ordinance. “Omaha’s gun registry works and immediate action on it. “There currently are over 50 different it is not in conflict with the state’s

105TH LEGISLATURE • UNICAMERAL UPDATE • PAGE 7 February 6 - 10, 2017 concealed carry law,” he said. “The pro- “LB222 is part of a long-standing ef- ficult fiscal times. Many private sector posed changes in LB68 are not needed fort to integrate oversight measures into employers offer paid volunteer time to and would be harmful to public safety.” the structure of the Nebraska Tourism their employees because it increases The committee took no immediate Commission,” Stinner said. “In the job satisfaction, he said. action on the bill. spirit of the Nebraska tradition of fiscal “Allowing and encouraging employees responsibility, I am confident that the to volunteer makes good business sense,” Tourism commission previously mentioned changes to the Murante said. “Employees who volunteer restructure recommended commission and the passage of this bill through work experience an increase in will accomplish the oversight objectives.” job productivity and performance.” The Government, Military and Todd Kirshenbaum, chairman of As introduced, the bill would not Veterans Affairs Committee heard testi- the Nebraska Travel Association, testi- apply to an employee or officer of the mony Feb. 8 on a bill that would revamp fied in support of the bill, saying the state whose salary is set by the state the Nebraska Tourism Commission. board membership changes would cre- constitution or in state law. Local gov- LB222, introduced by Gering Sen. ate a more diverse voice for the state’s ernment employees also would not be , tourism industry. covered by the bill’s provisions. would expand the “The commission is now under the Murante said he would offer an commission’s mem- dynamic leadership of a new director amendment to expand the bill’s scope bership from nine and this bill will be the next logical to cover employees of any political sub- to 11 governor-ap- step to make the commission even divisions. The amendment also would pointed members. better,” he said. allow each agency to determine whether Four would be No one testified in opposition to or not to participate in the program. required to have Sen. John Stinner LB222 and the committee took no “This bill is permissive,” he said. professional, volunteer or public service immediate action on it. “It’s not a mandate.” experience related to the governance du- Tom Osborne, representing the ties of the commission and seven would State employee volunteerism TeamMates Mentoring Program, testi- be affiliated with the tourism industry. considered fied in support of the bill. Young people Thirty days after passage, the bill who have mentors see a decrease in anti- would dissolve the current commission A bill that would allow state em- social behavior and disciplinary prob- membership and create 11 districts based ployees to volunteer in Nebraska lems, he said, as well as increased odds on geography and tax lodging revenues schools during work hours was consid- of graduation and college attendance. to ensure statewide representation. Mem- ered by the Government, Military and “We find that young people who bers would serve four-year terms and be Veterans Affairs Committee Feb. 8. have a mentor are much more hope- limited to two successive terms. Under LB655, sponsored by Gretna ful about the future,” Osborne said. The bill also would stipulate that con- Sen. John Muran- “Hope is a big deal. If you have hope tracts awarded by the commission follow te, a state employee in your life, things get better.” rules established by the state Department could — with a su- Mentees also benefit, Osborne of Administrative Services, clarify grant pervisor’s autho- said, adding that LB655 could en- guidelines and require the commission to rization — partici- hance state employee job satisfaction. adopt written policies governing expen- pate in volunteer “I think there are many state agencies diture of appropriated funds. activities at a public with a lot of turnover where sometimes Stinner said the commission’s fis- elementary, middle Sen. John Murante morale isn’t always the best,” he said. cal problems came to a head in 2016 or high school, or nonprofit organiza- Deb Denbeck, president of Part- when its director was fired for misuse tion that focuses on such education, nership 4 Kids — an organization that of state-appropriated funds following a during normal work hours without serves 5,400 youth in Omaha Public “scathing” state audit report. The com- loss of pay, vacation time, sick leave or Schools — also supported the bill. En- mission has since begun taking steps earned overtime accumulation. couraging state employees to engage in to rectify those problems, he said, and Murante called the bill a creative their communities would benefit the the bill would help by diversifying the solution to meet the need for mentors entire state, she said, by building strong board and increasing professionalism. in Nebraska public schools during dif- relationships now and saving money in

PAGE 8 • UNICAMERAL UPDATE • 105TH LEGISLATURE February 6 - 10, 2017 the future that would have been spent Harassment by death penalty op- execution, he said, the state has an ad- on social services for young people who ponents has resulted in the commercial ditional obligation to act in a manner fail to graduate from high school. unavailability in the U.S. of certain drugs that is open to the public. “If we don’t invest in our young used in lethal injection, Kuehn said, so “Don’t sacrifice — along with the people, our future is not going to be a shield law regarding the identity of person that’s being killed — the trans- very bright,” Denbeck said. drug providers could increase the state’s parency of state government,” Peter- Bo Botelho, an administrator in the chances of obtaining the necessary drugs. son said. “That’s really a sacrifice.” state Department of Administrative Through the initiative process, 61 Spike Eickholt, testifying on be- Services, cautioned that the program percent of Nebraska voters chose to half of the ACLU of Nebraska, also would have to be constructed carefully, reinstate the death penalty after it was re- opposed the bill, saying the state given the scrutiny that state workers face. pealed by the Legislature in 2015, he said Department of Correctional Services Testifying in a neutral capacity, he said — sending lawmakers a clear message. in particular should not be allowed to taxpayers may perceive the program as “It is now the responsibility of elect- operate without public scrutiny. paying state workers to do something ed officials and state agencies to act in The department has experienced other than the state’s business. accordance with the will of the people scandal and embarrassment in recent “Our concern here would be the and address the functional problems years, he said, from prison overcrowding perception,” Botelho said. with the death penalty,” Kuehn said. to miscalculated sentences, escapes and No opposition testimony was of- Bob Evnen, a cofounder of Nebras- a riot. The department also was involved fered and the committee took no kans for the Death Penalty, spoke in in an unsuccessful attempt to purchase immediate action on the bill. favor of the bill. He said objections to a drug to be used in the lethal injection the measure on transparency grounds protocol, he said, which turned out to Confidentiality sought for lethal are really objections to the death be a “scam” that cost the state $54,000. injection drug providers penalty. That issue has been settled, “This is an agency that the people he said, and now the state needs to of Nebraska are entitled to observe in A bill that seeks confidentiality for facilitate the execution process. public,” Eickholt said. “The people in certain records relating to the state’s “There is a long history of protect- this state deserve to know where their lethal injection protocol was consid- ing the identity of those involved in money goes.” ered by the Government, Military and death penalty protocols, He said. “Ne- Mary Boschult of the League of Veterans Affairs Committee Feb. 9. braskans have spoken, and they expect Women Voters of Lincoln and Lan- Under LB661, introduced by Heart- the Legislature to act to enable the caster County agreed. well Sen. John state to carry out capital punishment “If you’re acting on behalf of the Kuehn, records in the few cases where it is warranted.” people, the people have a right to containing any Scott Frakes, director of the state know what you are doing and how you information that Department of Correctional Services, are doing it,” she said. reasonably would also testified in support. Nebraska cur- The committee took no immediate lead to the identity rently shields the identities of members action on LB661. of any person or of an execution team and protects entity that manu- Sen. John Kuehn medical professionals from action factures, supplies, compounds or pre- against their licenses resulting from scribes the substances, medical supplies participation in an execution, he said. or medical equipment used to perform “LB661 is a reasonable extension of a lethal injection would be confidential [those] privacy protections,” Frakes said. Alan Peterson, an attorney who was and exempt from disclosure under the Perinatal hospice bill considered state’s public records laws. appointed to defend a death row inmate, Kuehn said the bill would protect pro- spoke in opposition to the bill. The state’s A bill that would provide information viders of drugs used in a lethal injection comprehensive public records law was regarding perinatal hospice to a woman protocol from harassment and threats, passed in 1979, he said, but its roots can diagnosed with a lethal fetal anomaly while still making the identity of the drug be found in territorial law from the 1850s. was heard Feb. 10 by the Health and and any lab analysis publicly available. Given the serious nature of an Human Services Committee.

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Under LB506, introduced by four pregnancies ending in loss, we Sen. , registered sex Thurston Sen. , a physi- must find the courage to show compas- offenders found cian who diagno- sion to grieving parents.” guilty of felony ses a lethal fetal Shawna Hoffman, cofounder of child sexual abuse anomaly would HEALing Embrace in Omaha and the would not be al- provide informa- mother of a son who died in childbirth, lowed unsupervised tion regarding also testified in support. Even if a child parental access to a perinatal hospice is not born alive, she said, families can child unless a judge services, which the prepare to bathe their child, introduce finds that the adult Sen. Brett Lindstrom bill defines as com- Sen. Joni Albrecht them to extended family and engage in presents no significant risk to the child. prehensive support from the time of other bonding activities. Lindstrom said a recent Nebraska diagnosis through the death of an “Many of these families are of- Supreme Court decision found that a infant and the postpartum period. fered very limited options or are only father could not prevent his child from A lethal fetal anomaly is defined encouraged to terminate their preg- living in the same home as his ex-wife’s as a condition diagnosed before birth nancies,” Hoffman said. “I have met new husband, a registered sex offender. that will — with reasonable certainty — families who have felt abandoned after He said LB60 would shift the bur- result in the death of an unborn child receiving their diagnosis.” den of proof to the person seeking within three months of birth. Kim Robak, representing the Nebras- to allow unsupervised contact with a Under the bill, the state Department ka Medical Association, said the organiza- child to show that such contact would of Health and Human Services (DHHS) tion had opposed the bill as introduced be in the child’s best interest. would be required to provide an in- due to the mandate on physicians to “[The bill] reaffirms a strong public formation support sheet of available offer a patient the information made policy that we must protect our children programs and services, which also would available by DHHS. However, she said, and provides more guidance to our ju- be posted on the department website. the organization supported the bill with dicial branch to protect them,” he said. Albrecht said the bill was personal an agreement to remove the mandate. Written notice also must be pro- because her daughter’s first child was “Palliative care is an important pro- vided to all other persons with custody diagnosed with a lethal medical condi- cess and the fact that we can expand or access rights before a registered sex tion at 18 weeks’ gestation. Many parents that across the state is a good thing for offender would be allowed to have faced with a similar diagnosis feel adrift, all involved,” Robak said. unsupervised access or reside in the she said, with little understanding of their Albrecht said she would bring an same home as a child. options. Being provided with resources amendment to make the bill permis- Stephanie Huddle, representing for emotional and spiritual support sive and clarify that no provider would the Nebraska Coalition to End Sexual would help families dramatically, she said. be required to offer the information. and Domestic Violence, testified in “It may seem like a simple bill, but No one testified in opposition to support of the bill. She said 34 percent it will make a world of difference,” LB506 and the committee took no of sexual abuse is perpetrated by fam- Albrecht said. “It will mean a great immediate action on it. ily members and can have long-lasting deal for the families dealing with a effects on children. devastating, life-changing ordeal.” “Children who are sexually abused Kelly Gerken of Sufficient Grace may develop phobias, suffer from night- Ministries for Women in Ohio support- mares and engage in regressive behav- ed the bill. Having lost three children to iors,” she said. “[LB60] would ensure ad- lethal fetal anomalies, she testified that ditional safeguards for Nebraska children Judge’s ok suggested before parents often are in shock and need and peace of mind for their parents.” sex offender access to children help finding resources. In addition, she Opposing the bill was Derek Logue, an anti-registry activist and registered said, many obstetricians are unaware of Members of the Judiciary Commit- sex offender. As a group, he said, sex the existence of perinatal hospice. tee heard testimony Feb. 9 on a bill that offenders have low rates of recidivism. “Many families are not offered the would provide stronger protections for “The written notification requirement option to receive perinatal hospice children against registered sex offenders. seems to be more about humiliation than support,” Gerken said. “With one in Under LB60, introduced by Omaha

PAGE 10 • UNICAMERAL UPDATE • 105TH LEGISLATURE February 6 - 10, 2017 personal safety,” he said. “Those who prison and 18 months of post-release three to 50 years for a Class ID felony. share my label are assumed guilty until supervision, a $10,000 fine or both. Those serving a mandatory mini- proven innocent. How can anyone rea- LB107 would explicitly prohibit the mum sentence are ineligible for the sonably expect a registered citizen to meet defense of consent by the protected minor. state Department of Correctional such a burden when society is so quick Lieutenant Tim Melvin of the Bellev- Services’ “good time” program, which to believe the worst about such people?” ue Police Department supported the bill. automatically reduces sentences by 50 The committee took no immediate He said sexual relationships addressed in percent. Because of this, Chambers action on the bill. the bill are currently not illegal. said, mandatory minimum sentences “Our current laws do not protect do not deter criminal behavior, but New penalties for sex abuse minors between the ages of 16 and 18 instead lead to prison overcrowding. of minors considered from being victimized by persons in spe- “Mandatory minimums don’t pro- cial positions of trust,” he said. “Once tect the public or deter crimes,” he Members of the Judiciary Com- they gain the trust of a minor, it’s easy said. “Those who commit crimes don’t mittee heard testimony Feb. 8 on a to take advantage of that trust and turn know what the penalty is. They don’t bill that would broaden child sexual that relationship into a sexual one.” plan or expect to get caught, so there abuse protections. April O’Loughlin, representing the can be no deterrence whatsoever.” Under LB107, introduced by Bellevue Nebraska Criminal Defense Attorneys April O’Loughlin, representing the Sen. Sue Crawford, a health professional, Association, testified in opposition to Nebraska Criminal Defense Attorneys school employee, the bill. She said it is inappropriate Association, testified in support of the youth center em- to consider a relationship between bill. She said the current mandatory ployee or an adult a 19-year-old coach and a 17-year-old minimum statutes place drug crimes on who holds a “special minor a sexual assault. the same level as heinous, violent crimes. position of trust” O’Loughlin also said the definition “I understand the purpose of what with a child would of “special position of trust” is too prosecutors are trying to accomplish with be held criminally li- vague and questioned whether police [mandatory minimum sentences],” she able for sexual abuse Sen. Sue Crawford officers and lawyers also should be said. “However, the very fundamental of a child between 16 and 18 years old. covered in the bill. nature of our system is based upon discre- Crawford said one in six women and The committee took no immediate tion and justice tempered with mercy.” one in 33 men will be sexually assaulted action on the bill. Fran Kaye of Lincoln also support- in their lifetime, a large number of ed the bill, saying all mandatory mini- those assaults occurring before age 18. Ending mandatory minimum mum sentences should be abolished. “We expect these people in special sentences proposed “People who are incarcerated for positions of trust to serve, educate and too long are less likely to be successful protect our children,” she said. “They Judges would have more flexibility upon release, which leads to higher need to be held accountable if they in sentencing under a bill heard by the rates of recidivism,” Kaye said. violate that trust.” Judiciary Committee Feb. 8. Corey O’Brien, representing the Of- Those considered to be in a “special Currently, the mandatory minimum fice of the Attorney General, opposed position of trust” would be a child’s sentences for Class IC and Class ID felo- LB447. He said the societal costs of elimi- employer, religious counselor, scout nies are five and three years, respectively. nating mandatory minimum sentences leader, camp counselor, babysitter, LB447, introduced would far outweigh the potential benefits. foster parent or someone involved in by Omaha Sen. “Elimination of mandatory mini- their juvenile justice proceeding. , mums could relieve some of the current A person convicted of sexual pen- would eliminate the overcrowding but it would amount to etration of a minor would be guilty mandatory mini- nothing more than a drop in the bucket,” of a Class IIA felony, punishable by mum sentences for he said. “Any benefits it did yield would be a maximum of 20 years in prison. A these felonies. outweighed by the threat to public safety conviction of sexual contact would be A person con- Sen. Ernie Chambers from people who were released too early.” categorized as a Class IIIA felony, pun- victed of a Class IC felony is subject to a The committee took no immediate ishable by a maximum of three years in sentence of five to 50 years in prison and action on the bill.

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Ken Schilz of Bluestem Energy intended to promote the development Solutions testified in support of the of solar energy generating projects in bill, saying that developing the wind Nebraska. energy industry in Nebraska would Sponsored by O’Neill Sen. Tyson Designation for wind-friendly bring money and capital to rural areas. Larson, LB626 would require local counties proposed “The key here is to find those plac- power utilities to work with groups es around the state that are interested of customers interested in building Nebraska counties wishing to in this kind of development and then a shared community solar energy promote themselves to wind energy promoting them,” he said. generating system. At the request of developers could apply for a special Ken Winston, testifying on behalf of customers, the utility would adopt designation under a bill heard by the the Sierra Club, also spoke in support regulations to establish the pilot Natural Resources Committee Feb. 9. of the bill, saying the group supports project and oversee connection of LB392, sponsored by Sen. Tyson the development of renewable energy. the system to the state’s electric grid. Larson of O’Neill, He said the designation’s criteria should Customer-generators would receive would require the protect wildlife and fragile ecosystems, credits based on their portion of the state Department particularly undisturbed grasslands. project’s energy production. of Agriculture to Winston also suggested that the De- “Although there has been a great create a process, partment of Agriculture coordinate with deal of interest in solar energy develop- including criteria the state Department of Environmental ment in Nebraska,” Larson said, “very and standards, that Quality, state Game and Parks Commis- little exits today when compared with would recognize Sen. Tyson Larson sion and Nebraska Energy Office when other states.” and assist counties’ efforts to create, creating the program’s criteria. He said 15 states and Washington, maintain or expand wind energy devel- John Hansen, president of the D.C., have authorized shared renew- opment. Counties meeting the criteria Nebraska Farmers Union, testified able energy projects. Shared programs could apply to a receive a “wind-energy in opposition to the bill. He said allow customers to pool their resourc- friendly” designation. wind energy development is a great es when building an energy-generating Criteria would include the diversity fit for rural communities because it system, making it cheaper for everyone of a county’s energy development ac- provides good-paying jobs and capital involved, Larson said. tivities, a formal expression of interest investment. But a wind-energy friendly The bill also would allow customer- by a county board in developing wind designation could interfere with a generators to contract with a third energy production or an assurance community’s control over the wind party to finance, build or operate a that the county intends to work with energy projects it chooses to develop, system. other governmental entities in devel- Hansen said. Cliff Mesner, of Mesner Solar oping wind projects. “We strongly support local com- Development, testified in support Larson said the designation would munities going through the process of the bill. He said his company has signal investors and developers that a of planning and zoning and charting completed successful community solar county is open to having a wind energy their own course,” he said, “and do- projects in Central City, Holdrege, facility in the area and that a county ing it unimpeded and without being Venango and Scottsbluff. One benefit has adopted certain zoning regulations told what it is they need to have in of shared solar programs, aside from that pave the way for development. He their county in order to qualify for cost savings provided by economies of said he chose the Department of Agri- anything.” scale, is that they allow communities culture to develop the process because The committee took no immediate to site solar arrays in a single place, they administer a similar program that action on the bill. such as an abandoned parking lot or a designates livestock-friendly counties. field on the outskirts of town, he said. “I believe LB392 provides an addi- Shared solar energy programs Mesner said LB626 is necessary tional tool for counties to distinguish considered because those who want to build themselves from their neighbors and shared projects need their local util- promote rural economic develop- The Natural Resources Committee ity’s cooperation. ment,” Larson said. heard testimony Feb. 9 on a bill that is “If the utility companies want to

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work with you, you can do it,” he said. military retirement pay from Nebraska of the VFW Department of Nebraska, “If the utility companies don’t work state income tax. testified in support of the bill. He said with you, you have a problem.” LB121, sponsored by Sen. Tom it would help Nebraska retain a high- Nancy Meyer of Cedar Bluffs also Brewer of Gordon, quality workforce and improve quality testified in support of the bill, saying would exempt of life for military retirees, most of that the development of solar energy benefit income in whom receive only about $20,000 a would give Nebraska utilities greater increasing incre- year in retirement pay. energy independence. The financial ments of $10,000 “If I lose 5 percent of that to Ne- viability of the state’s utilities relies per year over a pe- braska [income tax], it may not sound on the price of coal and demand from riod of five years, like much to you, but that may be the states where the utilities sell excess beginning in 2018. Sen. crucial difference between seeing my electricity, she said. For 2022 and after, up to $50,000 daughter and three grandchildren in “Thus it makes sense that increased could be excluded. Phoenix each year for Christmas,” ability to generate power within the Brewer said retired veterans are he said. state using our own abundant natural well-educated and highly trained, and Also speaking in support of the resources will help utilities and all often start second careers in the pri- bill was Pat Jones, a military retiree Nebraskans achieve greater autonomy vate sector or as government contrac- from Bellevue. He and his wife enjoy and control of their energy destiny,” tors. But many military retirees leave living in Nebraska, he said, but now Meyer said. Nebraska for other states, including that his wife also is close to retirement, Kristen Gottschalk, speaking on Iowa and Kansas, that do not tax they are planning to move to Texas behalf of the Nebraska Rural Electric military retirement benefits, he said. to avoid paying income taxes on his Association, testified in opposition to “Letting our veterans keep more military retirement benefits. Jones the bill. She said authorizing custom- of their military pensions will cause said the state would forego not only ers to contract with a third party to a modest reduction in income tax the income tax he would have paid on build shared solar energy generating revenue,” Brewer said, “but I think benefits, but taxes on the rest of their systems does not give utilities enough the economic benefits of attracting spendable income. control over electricity prices or how highly skilled, trained veterans with “Yes, [the bill] helps the military the systems are engineered and con- strong leadership qualities outweigh retiree, but in the long run it’s really nected to distribution infrastructure. whatever tax dollar loss there is.” helping Nebraska,” he said. Ultimately, Gottschalk said, the bill is The state Department of Revenue Paul Cohen, speaking on behalf of not necessary to authorize community estimates that LB121 would reduce the Military Officers Association of solar projects. state income tax revenue by approxi- America, also testified in support of “Community solar and solar proj- mately $4.2 million in fiscal year 2017- the bill. Nebraska has seen no increase ects are burgeoning across the state,” 18 and approximately $27 million in the number of military retirees as a she said, “and we’re going to continue in FY2021-22, when the bill is fully result of a more limited military retire- to see that happen.” implemented. ment pay exclusion that began in 2014, The committee took no immediate Current law allows those receiving he said, compared to a 1 to 2 percent action on the bill. military retirement pay to exclude 40 gain in neighboring states that have percent of their benefit pay from in- more attractive incentives. come tax for seven years or 15 percent Last summer, Cohen said, he met a year for life beginning when they a newly retired U.S. Air Force senior turn 67. LB121 would allow taxpayers master sergeant who had received to choose that exclusion before Dec. nearly identical job offers at insur- 31, 2017, or within two years of their ance companies in Omaha and Des Tax exemption for military retirement, whichever comes first. It Moines. retirement pay requested also would allow taxpayers to revoke “He chose Des Moines,” Cohen Members of the Revenue Com- that election so that they can take the said. “It saved him nearly $6,000 in mittee heard testimony Feb. 10 on a bill’s proposed exemption. taxation on his military retirement bill that would exclude a portion of Larry Gerlt, senior vice commander pay.”

105TH LEGISLATURE • UNICAMERAL UPDATE • PAGE 13 February 6 - 10, 2017

No one spoke in opposition to the disagree with the property tax admin- bill. He said an income-based valua- bill and the committee took no im- istrator’s income ranges, they could tion method would eliminate inflated mediate action on it. petition for a change. valuations caused by artificially high The property tax administrator sale prices and would more accurately Income-based valuation of ag would ensure that capitalization rates reflect an owner’s ability to operate a land proposed result in a statewide agricultural use farm or ranch. value between 60 and 75 percent of “I believe income-based valuations Land used for farming and ranch- actual value for each class of land. will be an improvement for Nebraska ing would be valued according to its Under current law, agricultural and farmers and ranchers while still provid- ability to produce income under a horticultural land are valued at 75 ing funding for our schools, counties bill heard by the Revenue Commit- percent of actual value. The bill also and other taxing entities,” Wellman tee Feb. 8. requires that aggregate agricultural said. LB338, introduced by Sen. Lydia value will not increase by more than Steve Nelson, president of the Ne- Brasch of Bancroft 3.5 percent from the prior year. braska Farm Bureau Federation, spoke on behalf of Gov. Ricketts testified in support of the in support of the bill but said it falls Pete Ricketts, would bill, saying it would put Nebraska in short of addressing problems with how base valuations on line with other agricultural states, the state values agricultural land. The land’s projected in- such as South Dakota, Kansas and proposed method’s mix of income- come and commod- Iowa, that use income-based valua- based and market-based valuations ity prices instead of tions. He said the change would make would not achieve the same effect solely on the land’s Sen. Lydia Brasch it easier for farmers and ranchers to seen in other states that use a purely market value. predict how much their property income-based approach, he said. Brasch said the proposed method taxes will rise each year and prevent “At the end of the day, this is a is fairer than the current one and is steep increases like the one seen in land valuation bill, not a bill which at least part of the solution to high recent years. If this method had been fundamentally fixes the property tax property taxes on agricultural land. in place in 2017, Ricketts said, total problem,” he said. “Today taxes are so bad that many agricultural land valuations would Jordan Rasmussen of the Center farmers and ranchers wonder if they have gone down by $2.2 billion. for Rural Affairs spoke in opposition will even be able to keep their farms,” “This income potential assessment to the bill, saying that it would not pro- she said. “In good conscience, we will be more fair to our farmers and vide substantial tax relief or long-term cannot simply walk away from this ranchers because it’s tying the value property tax reform. For example, she problem.” of that property more closely to the said, the owner of a 40-acre parcel of To establish an income range for amount of income that can be earned irrigated land in Saunders County each land capability group in the off of that property,” he said. valued at $237,000 in 2016 would see state, the state property tax adminis- Ruth Sorensen, state property tax a tax savings of less than $150 if the trator would use U.S. Department of administrator, also testified in support bill were implemented. However, local Agriculture data on average yield for of the bill, saying that statewide valua- governments likely would face revenue commodities appropriate to each land tion of agricultural land has increased shortfalls as a result of the change. capability group and the prices of the 264 percent since 2006. The proposed “To address these shortfalls,” Ras- commodities on which the average change would average out good years mussen said, “local entities are likely to yield is based. The calculation also and bad years, she said, and it would raise levies to meet their budget needs, would include land sales from the maintain county assessors’ responsi- thereby eliminating savings gained by previous three years. bility for assigning value to a piece decreasing property taxes.” The administrator then would of land. Also in opposition to LB338, Mary provide his or her findings and recom- “This is something that we can do, Lou Block, a farmer from Custer mendations to county assessors no and it’s something that we should do,” County, said that the proposed system later than Jan. 1 each year. Assessors she said. could limit a farmer’s flexibility in would use that information to assign Steve Wellman, a farmer from deciding which crops to grow. She said a use value to each parcel. If assessors Syracuse, also spoke in support of the the valuation of her land has increased

PAGE 14 • UNICAMERAL UPDATE • 105TH LEGISLATURE February 6 - 10, 2017

281 percent in the last 10 years and hinders customer service.” for themselves,” he said. the bill would not provide enough tax No one testified in opposition to Representing ABATE of Nebraska, relief soon enough. the bill and the committee took no Brad Christian also supported the “That is like a puff of air in a Ne- immediate action on it. bill, saying motorcycle helmets rarely braska tornado,” Block said. save lives. The committee took no immediate Helmet law repeal discussed “I ride about 10,000 miles a year on action on the bill. average and riding without a helmet Members of the Transportation should be my choice,” Christian said. and Telecommunications Committee “If it’s your time to go, it’s your time heard testimony Feb. 6 on a proposed to go. Helmets will not save you from repeal of the state’s motorcycle helmet blunt-force trauma.” requirement. Patrick Lange of Cozad opposed Current state law requires all mo- LB368. His wife was killed and he Title and registration services torcycle or moped riders to wear a suffered permanent neurological proposed for car dealers protective helmet. damage after they were involved in a LB368, introduced motorcycle accident while not wear- Car dealers could electronically by Kearney Sen. ing helmets. He said he cannot know provide titling and registration ser- John Lowe, instead whether a motorcycle helmet would vices under a bill heard by the Trans- would give riders have saved his wife’s life, but he will portation and Telecommunications 21 and older the always wonder. Committee Feb. 7. option to wear no “I want my kids to not have the LB263, introduced by the Trans- helmet but would Sen. John Lowe choice to not wear a helmet when portation and Telecommunications require that eye protection be used. they’re old enough to ride,” Lange Committee, would require the state Lowe said Nebraska is actively said. “I will wonder the rest of my life Department of Motor Vehicles (DMV) discouraging tourism revenue be- what could have happened if I’d taken to create an electronic dealer services cause many motorcycle riders choose the extra safety precautions that day.” system. The system would allow deal- alternate routes around the state on Omaha motorcycle safety instruc- ers to provide titling and registration their way to rallies like Sturgis, held tor Dave Halen also opposed the bill, services following the sale of a vehicle, in South Dakota each year. saying preventing traumatic brain in addition to collecting title and reg- “Individuals who choose to ride injuries is a basic public safety issue. istration fees, sales taxes and motor a motorcycle should be allowed to “I don’t think the state is intruding vehicle taxes. choose whether they wear a helmet,” one bit in asking people to wear the Dealer participation would be he said. “We should not be in the busi- single most important piece of safety voluntary. ness of regulating personal choice.” equipment a motorcycle rider can According to the bill’s statement The bill also would prohibit chil- wear,” he said. of intent, the DMV currently is intro- dren younger than six years old from The committee took no immediate ducing a new vehicle and title regis- riding a motorcycle or moped. action on the bill. tration (VTR) computer system. The Former senator Dave Bloomfield, bill would enhance the effectiveness who introduced similar legislation and efficiency that the system, once during his time in the Legislature, implemented, will bring to the titling testified in support of the bill. He said and registration process. the right to choose whether to wear a DMV Director Rhonda Lahm said motorcycle helmet is a civil right that Day care building code the current VTR system was built with should be restored to all Nebraskans. alignment proposed outdated technology. “[LB368] restores freedom to adult “The process to modernize the citizens of Nebraska in giving back a The Urban Affairs Committee VTR system has been in the works basic civil right that should have never heard testimony Feb. 7 on a bill in- for several years,” she said. “As part been taken away from them: the ability tended to align the state building code of the modernization process, LB263 to decide for themselves what is best with state agency regulations. removes old statutory language that

105TH LEGISLATURE • UNICAMERAL UPDATE • PAGE 15 February 6 - 10, 2017

LB590, introduced by Bellevue Crawford said the state building needed care — especially in our rural Sen. Sue Craw- code, which was adopted most recently and under-served communities — can ford, would bring in 2015, classifies a care facility with continue to do so under appropriate the state building more than five occupants under the residential classification,” Crawford code occupancy commercial code rather than the resi- said. classifications re- dential code. The commercial code is Jay Davis, assistant planning direc- lating to in-home more restrictive, she said, and would tor for the city of Omaha, testified in day cares into require in-home day care providers support of the bill, saying the city does alignment with Sen. Sue Crawford to have sprinkler systems and storm not want to burden home day care state Department of Health and Hu- shelters, among other requirements. providers due to a “glitch” in the code. man Services (DHHS) regulations. The bill would raise the number “We’re putting people out of busi- The bill also would clarify that state of occupants for a care facility to 12, ness and that’s certainly not what we agencies may adopt and enforce regu- which conforms with DHHS regula- want to do,” Davis said. lations that conflict with the building tion for in-home child care providers. No opposition testimony was of- code when authorized by state law to “LB590 will ensure that licensed fered and the committee took no im- do so. in-home day cares that provide much mediate action on the bill. g Committee Hearings *Current hearing schedules are always available at: NebraskaLegislature.gov/calendar

Monday, February 13 Statewide Assessment - Note: phone wireless surcharge determination and Banking, Commerce & Insurance confirmation duties of sellers and the Department Room 1507 - 1:30 p.m. Appointment: Aspen, Gwenn - of Revenue under the Prepaid Wireless LB480 (McCollister) Provide requirements Coordinating Commission for Surcharge Act relating to health benefit plan coverage Postsecondary Education LB522 (Walz) Change Nebraska for insureds in jail custody LB608 (Linehan) Adopt the Parental Telecommunications Universal Service LB92 (Kolterman) Require health carriers Choice Scholarship Program Fund provisions to provide coverage for telehealth services LB523 (Walz) Change provisions LB474 (Baker) Require insurance coverage Executive Board relating to financial assistance from the for synchronizing prescription medications Room 2102 - 12:00 p.m. Nebraska Internet Enhancement Fund LB72 (Schumacher) Provide for LB653 (Murante) Adopt the Redistricting Act LB573 (Friesen) Change local governmental unit bond priority under competition determinations and rate list the Nebraska Governmental Unit General Affairs filing requirements under the Nebraska Security Interest Act and rename the act Room 1510 - 1:30 p.m. Telecommunications Regulation Act LB632 (Larson) Change provisions and provide for a nonregulated activity Business & Labor relating to the Nebraska Liquor Control LB654 (Murante) Provide jurisdiction under Room 2102 - 1:30 p.m. Act and music licensing agencies the Automatic Dialing-Announcing Devices LB639 (Bostelman) Change when a pref- LB254 (Crawford) Change provisions Act to the Nebraska Accountability and erence is required for certain government relating to making and serving alcoholic Disclosure Commission for certain tele- employment relating to servicemem- liquor by nonlicensed persons as phone calls and messages as prescribed bers and their spouses and veterans prescribed LB515 (Bolz) Create the Nebraska Integrat- LB73 (Riepe) Prohibit the sale or transfer Tuesday, February 14 ed Education and Training Grant Program to or use by persons under twenty-one Agriculture LB518 (Williams) Adopt the Rural years of age of tobacco, vapor products, Room 2102 - 1:30 p.m. Workforce Housing Investment Act and alternative nicotine products LB449 (Chambers) Repeal the Black- and transfer funds from the Affordable Tailed Prairie Dog Management Act Housing Trust Fund Nebraska Retirement Systems LB499 (Brewer) Provide for voluntary LB261 (Hansen) Adopt the Nebraska Room 1525 - 12:00 p.m. registration and duties for the Worker Adjustment and Retraining LB532 (Kolterman) Change provisions Department of Agriculture under the Notification Act relating to a military service credit for Nebraska Apiary Act as prescribed certain retirement plans as prescribed Education Banking, Commerce & Insurance Room 1525 - 1:30 p.m. Transportation & Telecommunications Room 1507 - 1:30 p.m. Appointment: Buckendahl, Chad W. Room 1113 - 1:30 p.m. LB375 (Schumacher) Change - Technical Advisory Committee for LB157 (Friesen) Change the prepaid provisions of the Credit Union Act

PAGE 16 • UNICAMERAL UPDATE • 105TH LEGISLATURE February 6 - 10, 2017 Committee Hearings *Current hearing schedules are always available at: NebraskaLegislature.gov/calendar

LB341 (Lindstrom) Change provisions relating to appropriations under the Revenue relating to executive bank officer Local Option Municipal Economic Room 1524 - 1:30 p.m. license revocation and suspension Development Act LB380 (Harr) Change income tax rates, LB454 (Lindstrom) Allow credit unions itemized deductions, and standard to opt out of licensing loan officers Wednesday, February 15 deductions LB96 (Crawford) Provide an eligible Government, Military & Veterans Affairs LB452 (Lindstrom) Impose sales tax on activity for assistance from the Site and Room 1507 - 1:30 p.m. services and change income tax rates Building Development Fund as prescribed LB652 (Kolowski) Authorize the display and personal exemption amounts of the Honor and Remember Flag LB468 (Krist) Change revenue and Education LB497 (Brewer) Change references to a taxation provisions Room 1525 - 1:30 p.m. federal form relating to veterans LB461 (Smith) Correct references to a LB246 (Morfeld) Provide a budget LB340 (Murante) Transfer powers and federal act in a revenue statute exception for expanded learning duties from Division of Veterans’ Homes opportunity programs of Department of Health and Human Ser- Thursday, February 16 LB247 (Morfeld) Provide for school vices to Department of Veterans’ Affairs Government, Military & Veterans Affairs district levy and bonding authority for Room 1507 - 1:30 p.m. cybersecurity Health & Human Services LB369 (Lowe) Change provisions relating LB525 (Morfeld) Change distribution Room 1510 - 1:30 p.m. to fees charged by the register of deeds provisions related to the Education LB88 (Blood) Provide for temporary LB237 (Erdman) Change filing require- Innovation Fund credentials under the Uniform ments of official bonds for school districts LB575 (Kolowski) Provide funding for Credentialing Act for military spouses LB382 (Erdman) Change provisions schools offering certain programs and LB342 (Erdman) Adopt the Nurse Licensure relating to budget limitations for counties courses as prescribed Compact and provide for temporary nursing license for military spouses Health & Human Services Transportation & Telecommunications LB402 (Hilkemann) Change provisions Room 1510 - 1:30 p.m. Room 1113 - 1:30 p.m. of the Nebraska Regulation of Health LB311 (Morfeld) Eliminate an eligibility LB618 (Wayne) Change provisions relating Professions Act provision relating to nutrition assistance to the use of the Transportation Network benefits as prescribed Company Regulation Cash Fund Judiciary LB358 (McCollister) Change income eli- LB70 (Pansing Brooks) Change provisions Room 1113 - 1:30 p.m. gibility provisions relating to the Supple- relating to operator’s license revocation LB168 (Ebke) Change provisions relating to mental Nutrition Assistance Program LB410 (Smith) Change boundaries rights of subrogation of medical payments and number of public service with respect to automobile liability policies Judiciary commissioner districts and provide for LB204 (Hilgers) Change provisions Room 1113 - 1:30 p.m. the appointment and election of new relating to appeals to the Supreme LB243 (Bolz) Require reporting of commissioners as prescribed Court, service on employees of the certain information concerning assaults LB459 (Smith) Change provisions state, and summary judgment that occur in state institutions relating to governance of the statewide LB359 (Kolterman) Authorize damages LB245 (Bolz) Provide for a corrections- one-call notification center and provide for property taxes and special related emergency and overtime as for the establishment of best practices assessments paid on property lost prescribed LB460 (Smith) Change provisions through adverse possession LB250 (Harr) Change provisions relating regulating the transportation of clients LB492 (Harr) Adopt the Self-Service Stor- to probationers’ rights of the Department of Health and age Facilities Act and authorize certain liens LB258 (Hansen) Provide opportunity for Human Services and other authorized LB544 (Watermeier) Provide for elimina- inmates to obtain state identification agencies as prescribed tion of the office of clerk of the district card or driver’s license before discharge Appointment: Ashburn, William - Motor court as prescribed Vehicle Industry Licensing Board Natural Resources Natural Resources Room 1525 - 1:30 p.m. Urban Affairs Room 1525 - 1:30 p.m. LB657 (Wayne) Adopt the Retail Room 1510 - 1:30 p.m. LB218 (Groene) Provide for installation of Electricity Transparency Act LB625 (Larson) Change the Property ground water pumps by public entities LB660 (Wayne) Adopt the Nebraska Assessed Clean Energy Act LB488 (Groene) Adopt the Water Retail Electricity Choice Act and remove a LB97 (Crawford) Adopt the Riverfront Conservation Grant Act restriction on the sale or delivery of retail Development District Act electricity by a private electric supplier LB614 (Wayne) Eliminate a restriction

105TH LEGISLATURE • UNICAMERAL UPDATE • PAGE 17 February 6 - 10, 2017 Committee Hearings *Current hearing schedules are always available at: NebraskaLegislature.gov/calendar

Revenue Nebraska Retirement Systems Agency 62: Board of Examiners for Room 1524 - 1:30 p.m. Room 1525 - 12:00 p.m. Land Surveyors LB251 (Harr) Redefine agricultural or LB412 (Bolz) Provide duties for the state Agency 66: Abstracters Board of horticultural purposes for revenue and investment officer relating to investment Examiners taxation purposes in energy-related companies or funds Agency 73: Board of Landscape LB266 (Friesen) Change the valuation of Architects agricultural land and horticultural land Transportation & Telecommunications Government, Military & Veterans Affairs LB640 (Groene) Change provisions of Room 1113 - 2:00 p.m. Room 1507 - 1:30 p.m. the Property Tax Credit Act and provide LB156 (Friesen) Eliminate a termination LB508 (Hilgers) Change the population school district property tax relief date under the 911 Service System Act threshold for the county civil service LB43 (Hilkemann) Change provisions system Tuesday, February 21 relating to surcharges for 911 service LB567 (Bolz) Change funding for Agriculture LB483 (Hilgers) Provide a rules of county public assistance offices Room 2102 - 1:30 p.m. procedure exemption for the Public LB603 (Riepe) Require a high- LB617 (Wayne) Adopt the Industrial Hemp Act Service Commission deductible plan for state employees’ LB389 (Friesen) Adopt the Small health insurance Appropriations Wireless Facilities Act Room 1524 - 1:30 p.m. LB472 (Bostelman) Change provisions Judiciary Budget bills scheduled at this time for relating to signs and advertising on Room 1113 - 1:30 p.m. official record purposes. Testimony on the highways LB165 (Brewer) Require employer overall budget is appropriate, however LB612 (Wayne) Require direct access identification numbers and use of the testimony on specific issues and/or to 911 emergency service from certain federal immigration verification system agencies should be presented at the date telephone systems using Internet LB173 (Morfeld) Prohibit discrimination scheduled for the relevant agency. protocol-enabled services based upon sexual orientation and LB327 (Scheer) Appropriate funds for the gender identity expenses of Nebraska State Government Urban Affairs LB192 (Pansing Brooks) Change and for the biennium ending June 30, 2019 Room 1510 - 1:30 p.m. modernize provisions relating to the LB328 (Scheer) Appropriate funds for LB579 (McDonnell) Provide for qualifying and summoning of jurors salaries of members of the Legislature termination of city occupation taxes LB526 (Morfeld) Change provisions LB329 (Scheer) Appropriate funds for subject to a vote and require vote on relating to debtor’s rights, garnishment, salaries of constitutional officers tax rate changes attachment, and other debt collection LB330 (Scheer) Appropriate funds LB262 (Groene) Change provisions procedures for capital construction and property relating to undeveloped vacant land acquisition under the Community Development Law Natural Resources LB331 (Scheer) Create funds, provide LB489 (Groene) Redefine development Room 1525 - 1:30 p.m. for transfers, and change provisions project under the Community LB429 (Wishart) Provide for virtual net governing funds Development Law metering LB332 (Scheer) Change Cash Reserve LB597 (Groene) Provide for application LB87 (Blood) Redefine a qualified Fund provisions process through county assessor and facility and authorize local distribution LB150 (Stinner) Provide for a transfer Tax Commissioner prior to using tax- utilities to waive certain requirements from the Cash Reserve Fund increment financing relating to net metering LB610 (Kolowski) Adopt the Banking, Commerce & Insurance Wednesday, February 22 Community Solar Energy Economic Room 1507 - 1:30 p.m. Appropriations Development Act LB194 (Vargas) Change provisions of Room 1003 - 1:30 p.m. the Credit Services Organization Act, Agency 45: Board of Barber Examiners Revenue Delayed Deposit Services Licensing Agency 30: Electrical Board Room 1524 - 1:30 p.m. Act, and Nebraska Installment Loan Act Agency 74: Power Review Board LB535 (Hughes) Provide an exception LB286 (Craighead) Adopt the Nebraska Agency 41: Real Estate Commission for filing a statement with the register Flexible Loan Act and change provisions of Agency 53: Real Property Appraiser Board of deeds when recording an oil, gas, or the Delayed Deposit Services Licensing Act Agency 63: Board of Public Accountancy mineral lease LB386 (Lindstrom) Change time period Agency 36: State Racing Commission LB322 (Craighead) Change the Tax a licensee under the Delayed Deposit Agency 58: Board of Engineers and Equalization and Review Commission Services Licensing Act may hold a check Architects Act Agency 59: Board of Geologists LB385 (Lindstrom) Change provisions

PAGE 18 • UNICAMERAL UPDATE • 105TH LEGISLATURE February 6 - 10, 2017 Committee Hearings *Current hearing schedules are always available at: NebraskaLegislature.gov/calendar relating to the burden of proof and who domestic violence protection order procedures for rules and regulations may appeal under the Tax Equalization LB487 (Morfeld) Provide exception to LB320 (Lowe) Change provisions and Review Commission Act certain crimes for persons witnessing relating to bidding and purchases, LB555 (Smith) Change and eliminate or experiencing drug overdoses and conflicts of interest in the materiel provisions of the Tax Equalization and provide protection from civil liability division, and facilities construction and Review Commission Act for emergency responders and peace administration officers administering naloxone LB482 (Smith) Adopt the Government Thursday, February 23 Neutrality in Contracting Act Appropriations Natural Resources Room 1003 - 1:30 p.m. Room 1525 - 1:30 p.m. Health & Human Services Agency 18: Dept. of Agriculture LB448 (Chambers) Eliminate provisions Room 1510 - 1:30 p.m. Agency 18: Dept. of Agriculture relating to the hunting of mountain lions Appointment: Hanus, Mary Beth - Neb. Note: Potato Board & Poultry/Egg Child Abuse Prevention Fund Board Agency 39: Neb. Brand Committee Nebraska Retirement Systems LB588 (Crawford) Exempt reflexology Agency 60: Neb. Ethanol Board Room 1525 - 12:00 p.m. from licensure under the Massage Agency 56: Neb. Wheat Board LB548 (Lindstrom) Provide for the Therapy Practice Act Agency 61: Neb. Dairy Industry consolidation of the Class V school Development Board employees’ retirement system and the Judiciary Agency 86: Dry Bean Commission School Employees Retirement System Room 1113 - 2:00 p.m. Agency 88: Corn Development, of the State of Nebraska LB188 (Howard) Change provisions Utilization and Marketing Board relating to paternity of a child Agency 92: Neb. Grain Sorghum Board Revenue conceived as a result of sexual assault Room 1524 - 1:30 p.m. LB300 (Krist) Eliminate the statute of Government, Military & Veterans Affairs LB232 (Kolterman) Provide a property limitations on civil actions for sexual Room 1507 - 1:30 p.m. tax exemption for property leased to assault of a child LB644 (Committee) Provide, change, and the state or a governmental subdivision LB367 (Krist) Change provisions eliminate provisions governing boards, LB236 (Erdman) Change provisions relating to payment of costs in juvenile commissions, and similar entities relating to the inclusion of multiple lots matters in one parcel LB411 (Bolz) Change Nebraska Health & Human Services LB238 (Erdman) Change provisions of Juvenile Code provisions relating to Room 1510 - 1:30 p.m. the Nebraska Budget Act relating to placement of siblings LB298 (Baker) Change provisions certifying taxable values relating to the Nebraska Strengthening LB249 (Harr) Expand business Revenue Families Act and a task force inventory property tax exemption Room 1524 - 1:30 p.m. LB179 (Bolz) Change provisions LB602 (Erdman) Change and eliminate relating to transition of young adults to Friday, February 24 provisions relating to the valuation of independence Appropriations agricultural land LB297 (McCollister) Create Children Room 1003 - 1:30 p.m. LB498 (Brewer) Change provisions and Juveniles Data Pilot Project LB416 (Vargas) Appropriate funds to relating to transfer of homestead the Department of Labor and make exemptions Judiciary changes to uses of the Employment LB253 (Crawford) Authorize Room 1113 - 1:30 p.m. Security Administration Fund intergovernmental service agreements LB178 (Bolz) Provide for sexual assault Agency 28: Dept. of Veterans’ Affairs under the County Industrial Sewer protection order Agency 23: Dept. of Labor Construction Act and provide for a LB191 (Pansing Brooks) Provide Agency 37: Workers’ Compensation special tax levy for renewals of domestic violence Court LB288 (Harr) Change provisions relating protection orders Agency 77: Commission of Industrial to service of notice when applying for LB289 (Pansing Brooks) Change Relations a tax deed and the laws governing tax g provisions and penalties relating to Agency 85: Public Employees sale certificates pandering, human trafficking, labor Retirement Board trafficking, and sex trafficking and prohibit solicitation of a trafficking victim Government, Military & Veterans Affairs LB394 (Morfeld) Change provisions Room 1507 - 1:30 p.m. relating to possession of a deadly LB299 (Ebke) Adopt the Occupational weapon by person subject to a Board Reform Act and change

105TH LEGISLATURE • UNICAMERAL UPDATE • PAGE 19 Unicameral Information Office PRESRT STD Nebraska Legislature U.S. POSTAGE PAID P.O. Box 94604 LINCOLN, NE Lincoln, NE 68509 PERMIT NO. 212 03-23-05