UNICAMERAL UPDATE Stories published daily at Update.Legislature.ne.gov Vol. 38, Issue 9 / Mar. 2 - 6, 2015 Medical marijuana legalization requested

Sen. Tommy Garrett (left) and Sen. (right) presented two options for medical marijuana use in . arijuana would be used for The act would be administered by debilitating medical conditions. Pa- medical treatment in Ne- the state Department of Health and tients would be limited to 6 ounces Mbraska under two bills heard Human Services (DHHS) and specify of cannabis every 30 days and care by the Judiciary Committee March 6. terms and legal protections for medi- centers could obtain cannabis only LB643, introduced by Bellevue cal cannabis use by practitioners and from within Nebraska. Sen. Tommy Garrett, proposes the patients. The bill also would create an Cannabis Compassion and Care The bill would establish nonprofit 11-member board to advise DHHS Act to regulate the use of cannabis care centers to cultivate and dispense and require the development of a in Nebraska for medical purposes. cannabis to qualified patients with computerized verification system. (continued page 2) Winner-take-all election bill advances after cloture fter four days of general file debate, lawmakers toral votes to the winner of the state’s popular vote. voted March 2 to cease debate and advance a bill to McCoy said the current system disadvantages voters in Aselect file that would reinstate a winner-take-all sys- rural parts of the state. tem for allocating Nebraska’s presidential electoral votes. “I see LB10 as giving a voice to rural Nebraskans and Currently, the winner of Nebraska’s statewide popular [as] a way of unifying our state’s five electoral votes as one vote receives two Electoral College votes. The state’s three winner-take-all vote in presidential elections,” he said. congressional districts also award one electoral vote each Sen. Jim Smith of Papillion supported the bill, saying based on the popular vote winner in each district. Maine other states are not following Nebraska’s lead and mov- is the only other state to use this system. ing to the district plan. While the state has many unique LB10, sponsored by Omaha Sen. Beau McCoy, would systems that work well—such as the unicameral Legislature reinstate a winner-take-all system and award all five elec- and public power—district allocation of electoral votes is (continued page 3)

INSIDE: Meet Sen. McCollister • Hearing schedule • Driver’s licenses requested for young immigrants March 2 - 6, 2015

Medical marijuana legalization requested (continued from front page) Implementation of the act is estimated to cost $1.1 million “There is an absolute medical need and validity to this in fiscal year 2015-16 and $828,000 in FY2016-17. as a treatment,” she said. Garrett said 23 other states have passed similar laws Sarah Lyon, who suffers from multiple health issues, permitting cannabis for medical use. LB643 represents the said medicinal marijuana immediately improved her health best aspects of all of those measures, he said. and allowed her to discontinue 11 prescriptions. But be- “It’s time for us to stop talking about this [issue],” Gar- cause the drug is illegal, she said, she has to hide her use rett said. “People are suffering.” to avoid prosecution. Robert Mikos, a profes- “Medical cannabis users sor at Vanderbilt Univer- are not criminals,” she said. sity specializing in drug law, Joseph Acierno, acting testified in support of the CEO of DHHS, testified bill, saying the state would It’s time for us to in opposition to the bill, suffer no federal legal conse- “ saying that too many ques- quences for legalizing medi- stop talking about tions exist regarding the ef- cal marijuana. Despite a ficacy of medical marijuana. federal ban on marijuana, he this [issue]. People Additionally, he said, time said, Nebraska, like 23 states frames to establish and before it, simply can remove are suffering. monitor the act would be sanctions on the possession ” difficult, if not impossible, and distribution of the drug. to meet. “State laws that legalize -- Sen. Tommy Garrett Ann Frohman, repre- marijuana are constitution- senting the Nebraska Medi- ally sound,” Mikos said. cal Association, also spoke “The state has no obligation against the bill. While med- to punish private citizens [who use marijuana].” ical marijuana holds promise as a treatment for cancer and Paige Figi of Colorado also spoke in favor of the bill. epilepsy patients, she said, there is not enough scientific Cannabidiol reduced her daughter’s seizures from 100 data to support it being prescribed by the state. to one per month, she said. Nebraska does not have to “Without more evidence via research … physicians replicate Colorado’s marijuana law, she said, but it should charged with prescribing medical marijuana would be create regulations that best fit its patients’ needs. uncomfortable with the bill,” Frohman said.

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PAGE 2 • UNICAMERAL UPDATE • 104TH LEGISLATURE March 2 - 6, 2015

LB390, introduced by Bellevue Sen. Sue Crawford, would create a pilot study at the University of Nebraska Winner-take-all election Medical Center (UNMC) to allow access to low-tetrahy- drocannabinol (THC) oil for patients who suffer severe, bill advances after cloture treatment-resistant or untreatable epileptic seizures. (continued from front page) The bill would authorize UNMC to be Nebraska’s sole not among them, he said. producer and prescriber of cannabidiol for research. The “This is not one of the unique characteristics of Ne- cannabidiol could contain up to three-tenths percent of braska that I believe is to the advantage of Nebraskans,” THC, the active ingredient of the cannabis plant. Practi- Smith said. tioners, patients and their parents or legal guardians par- Omaha Sen. offered an amendment ticipating in the study would be exempt from prosecution that would have required the secretary of state to divide for possession of a controlled substance. Nebraska into five presidential elector districts. Each district The Legislature would appropriate $250,000 in would be allocated one of the state’s five Electoral College FY2015-16 and again in FY2016-17 for two part-time votes, and would cast it on behalf of the winner of the neurologists and operating expenses. district’s popular vote. Crawford said the bill would allow Nebraska to con- Such a system would better represent voters across the tribute to research about the use of cannabidiol oil, which entire state, Chambers said, calling LB10 an effort to silence has been shown to reduce seizures for treatment-resistant the voting minority in Nebraska. children. “The Republican Party is overwhelmingly in command Frohman testified in support of the bill, saying it not in this state; nobody denies that,” Chambers said. “ And only would provide information about a new medical because of that very great imbalance, they should not go treatment, but also would help people who have no other the next step to deliberately, notoriously [and] consciously medical options. take away what little bit of opportunity those who are not “We cannot fault patients for wanting to try any kind Republican would have to cast a vote that would indeed of medical treatment,” Frohman said. mean something.” Nicole Perry also spoke in favor of the bill, saying McCoy offered a motion to invoke cloture—or cease de- the brain surgery her son endured in an attempt to cure bate and force a vote on the bill—which senators narrowly seizures may have been avoided had he had access to can- approved on a 33-16 vote. A successful cloture motion nabidiol. Because he continues to have seizures, she said, requires at least 33 votes in support. the oil remains an option her family hopes to be able to Following the cloture vote, the Chambers amendment pursue. failed 17-31. The bill then advanced to select file on a vote “If it doesn’t work for my son,” she said, “it might work of 31-17. g for somebody else’s.” Speaking in support of the bill, Shari Lawlor said 50,000 people die from epilepsy every year. People like her daughter should not be required to wait or move to another state for a drug that been shown to reduce seizures by 50 percent in more than 73 percent of the patients who use it, she said. Susie Dugan, retired executive director of PRIDE Omaha, testified in opposition to LB390. Nebraska should wait for the Federal Drug Administration to com- plete its testing of cannabidiol before prescribing it to its citizens, she said. “I want relief for these patients as much as anybody,” she said, “but we need to look at all of the options.” The committee took no immediate action on the bills. g Sen. Beau McCoy said a winner-take-all electoral allocation system would give Nebraska a unified voice in presidential elections.

104TH LEGISLATURE • UNICAMERAL UPDATE • PAGE 3 March 2 - 6, 2015 Meet the Senator

Senatorarathon running providesfinds valuable lessons finish in “I saw what line he had to go through,”at he Capitolsaid. “You have politics for new Sen. John McCollister. to spend at least a third of your time raising money in M “Running for office is a marathon,” said the order to retain your seat.” Omaha senator. “You have to be tenacious. I knocked on Instead, McCollister found ways to engage in public over 11,000 doors during my campaign.” service closer to home, including 30 years on the Metro- Having completed three full marathons, several half- politan Utilities District board of directors. He also was marathons and countless 10K races, McCollister knows able to explore a wide range of public policy issues for four whereof he speaks. years as the executive director of the Platte Institute for “I don’t run as far as I used to, or as fast,” he said, but Economic Research. the new senator has learned from experience that—both in McCollister credits the experience of working with di- politics and road races—life is about the long-term rather verse organizations such as the state and Omaha chambers than any individual mile. of commerce, ACLU Nebraska and Nebraska Appleseed His father, John Y. McCollister, served three terms in the with broadening his perspective on a number of issues and U.S. House of Representatives. The younger McCollister nurturing an independent streak. took a semester off from his studies at UNL to campaign “When you work with a wide variety of partners with for his father, but said the experience didn’t inspire him to different political philosophies, you see sides of an issue want to follow in his dad’s footsteps and serve in Congress. that you may not have otherwise noticed,” he said. So far, McCollister said he’s enjoying the fast-paced environment at the Capitol and looking forward to tackling tough issues like taxation, prison reform and reorganizing the state Department of Health and Human Services. When not focused on policy issues at the Legisla- ture, however, McCollister said time with his family is a top priority. He and wife Deborah have three children—Lauren, Daniel and Jeffrey—and two grand- children. McCollister said his wife helps him focus on what really matters in life. “The best day of my life was the day I married her,” he said. “She is a remarkable woman and absolutely the world’s best Sen. John McCollister and wife Deb enjoy some quality time with grandsons David and Andrew Ledger. grandmother.” g

PAGE 4 • UNICAMERAL UPDATE • 104TH LEGISLATURE March 2 - 6, 2015

“I don’t care if a neighbor wants • Nebraska Advanced Biomedi- to have prairie dogs on his land, but cal Technology Innovation and if they migrate it should not be my Discovery Institute; responsibility to poison the dogs be- • Nebraska Business Develop- cause it can be very costly and time ment initiatives; and Prairie dog management consuming.” • Veteran workforce development repeal advanced Senators advanced the bill to select initiatives. file on a 31-12 vote. Hadley said the bill represents Senators gave first-round approval an investment that would result in March 4 to a bill that would repeal new companies, jobs and profits that the Black-Tailed Prairie Dog Manage- would provide the state tax revenues ment Act. for future growth. Traditionally, he LB128, introduced by Omaha Sen. said, Nebraska has used tools such as Ernie Chambers, infrastructure development and tax would repeal the incentives to encourage economic act, which was Funds sought for university growth. passed by the projects “In a lot of states, the model has Legislature in shifted from tax incentives … to 2012. Chambers The Appropriations Committee economic development through the said the manage- heard testimony March 3 on a variety technology that universities have,” ment act does Sen. Ernie Chambers of proposals that would provide fund- Hadley said. not take into account that prairie dogs ing to the University of Nebraska for Interim University of Nebraska are indigenous to Nebraska and an im- a range of projects. President Jim Linder testified in portant part of the state’s ecosystem. LB154, introduced by Kearney support of the bill, saying the fund- Instead, he said, the act was modeled Sen. Galen Had- ing would impact every part of the on noxious weed laws. ley, would appro- state. He cited a study done by the “When that is the approach taken priate $10 million University of Nebraska at Omaha, with these animals, it is premised in general funds in which projected that 1,100 jobs and upon the idea that they are an invasive fiscal year 2015-16 $58 million in labor income would species, which they are not, and that and $20 million in be produced by the bill. they should be eradicated, which they FY2016-17 to the “[The] analysis points to a five to should not,” he said. Board of Regents Sen. Galen Hadley one return on our $20 million invest- Wahoo Sen. Jerry Johnson spoke of the University of Nebraska for ment,” Linder said. in favor of the bill. While prairie dogs economic competitiveness initiatives. The committee also heard joint can be a problem, he said, there are The board would distribute the testimony on LB532 and LB533. more humane ways of dealing with funds to advance strategic, multi-cam- Introduced them. pus initiatives intended to advance by Omaha Sen. “There are situations in the west- Nebraska’s economic competitiveness, Robert Hilke- ern part of the state where there is including but not limited to: mann, LB532 an abundance of prairie dogs doing • Peter Kiewit Institute; would appropri- extensive damage to property and • Nebraska Innovation Campus; ate $25 million lowering property values,” he said. • Building a Healthier Nebraska in general funds “They do need to be controlled, but Kearney Health Science Pro- and $5 million Sen. there are other ways to control them grams; from the Cash Reserve Fund in on your own property [besides poison- • Rural Futures Institute; FY2015-16 to the university to design ing them].” • National Strategic Research and build the Global Center for Ad- A prairie dog colony that migrates Institute; vanced Interprofessional Learning at to a neighbor’s land should not be that • Science, Technology, Engineer- the University of Nebraska Medical landowner’s problem, said Hyannis ing and Mathematics (STEM) Center (UNMC). Sen. Al Davis. initiatives;

104TH LEGISLATURE • UNICAMERAL UPDATE • PAGE 5 March 2 - 6, 2015

The bill also would authorize a $20 Gold said. appropriate million transfer from the cash reserve LB560, introduced by Gothenburg $500,000 in in FY2016-17, conditioned on evidence Sen. Matt Williams, would appro- general funds provided by the Board of Regents that priate $25 million in FY2015-16 $20 million in private or other funds in general funds and FY2016- have been received for the project. in FY2015-16 to 17 to the uni- LB533, introduced by Gering Sen. the university for versity for pe- , would appropriate $1.5 building projects diatric cancer Sen. million in general at the Nebraska research and clinical care at funds in FY2015- Innovation Cam- UNMC; 16 and $3 million pus. The bill would Sen. Matt Williams • LB417, introduced by Omaha in FY2016-17 for transfer $25 million from the Cash Sen. Jeremy Nordquist, which start-up operations Reserve Fund to the General Fund to would appropriate $1.8 million for the center. The finance the project. in general bill also would The bill also would create the Ne- funds in state legislative in- Sen. John Stinner braska Innovation Campus Building FY2015-16 tent to provide $5 million in general Acceleration Fund as a repository for and $1.8 funds in FY2017-18 and FY2018-19 for proceeds from the sale of projects million in ongoing operations. funded as a result of the appropria- FY2016-17 Hilkemann said the center—a $105 tions made in the bill and any private to the uni- million project at UNMC—will include funds received. The fund could be versity for Sen. Jeremy Nordquist a virtual learning center where medical expended for new building projects at pediatric cancer research at the students can safely practice procedures. Innovation Campus on the same basis UNMC; The center will employ a “hub and as the initial funding. • LB593, also introduced by spoke” model, he said, which will en- Williams said innovation campus is Nordquist, which would ap- gage health profession students in rural a “startup company” that needs state propriate $250,000 in general parts of the state as well. dollars to leverage private funds in or- funds in FY2015-16 to the uni- “This is really going to transform der to benefit all of Nebraska through versity to fund a study of current the way we do medical education,” research and development. health data systems; Hilkemann said. “Our role as legislators should be • LB108, introduced by Bel- Stinner said adequately funding to use the limited assets at our disposal levue Sen. Sue Crawford, which the operation of the center is key to in a manner to help grow our state by would ap- the future of health care provision in linking great students with great faculty, propriate Nebraska. with great private companies,” he said. $250,000 “The training provided will not UNL Chancellor Harvey Perlman in FY2015- only improve health care provider testified in favor of LB560, saying it is 16 and performance,” he said, “but also lower difficult to attract private sector part- FY2016-17 costs and, most importantly, improve ners to innovation campus without to establish the outcome for patients.” the proper facilities. 12 one-year Sen. Sue Crawford UNMC Chancellor Jeffrey Gold “We began this project on a clean behavioral health, master’s level testified in support of both bills, saying slate,” Perlman said. “The former internships in rural and under- they would help ease the state’s health state fair grounds lacked any usable served areas of Nebraska; care provider shortage. He said the infrastructure or buildings.” • LB436, in- bills would allow UNMC to leverage No opposition testimony was of- troduced by federal dollars and private investment fered on any of the bills. Omaha Sen. for the center. The committee also heard testi- , “This is a truly transformational mony on the following proposals: which would investment in the future of health care • LB110, introduced by O’Neill appropriate education and commercialization,” Sen. Tyson Larson, which would additional Sen. Tanya Cook

PAGE 6 • UNICAMERAL UPDATE • 104TH LEGISLATURE March 2 - 6, 2015

general funds to the university mathematics, health care and health each year, he said. The university to establish a pilot program to services, business administration and needs to expand to meet the demand expand pediatric dental residen- teacher education. and address the shortage of dentists in cies from eight to 10; and The bill would not provide finan- 50 of Nebraska’s 93 counties, he said. • LB496, introduced by Heartwell cial support to individual students, “We know good oral health is a Sen. , which would Kuehn said, but would instead provide significant component for overall appropriates $1.25 million in institutional support for programs. wellness for our citizens,” Latta said. general funds in FY2015-16, “I think we’ve identified something The university has raised $23 FY2016-17 and FY2017-18 to the critical here in targeting these [high- million toward the $81.5 million Board of Regents for the Yeutter need] fields,” he said. expansion project, he said, and the Institute for International Trade Fred Ohles, president of Nebraska state funds in LB584 would allow and Finance. Wesleyan University, testified in sup- Creighton to expand outreach and The committee took no immediate port of the bill. The best way to retain scholarship programs to encourage action on the proposals. college graduates in Nebraska is for graduates to practice in shortage areas. them to have jobs when they gradu- No opposition testimony was of- Educational training funds ate, he said. fered on either bill and the committee sought “I believe LB565 is a good starting took no immediate action. point for discussion about how to The Appropriations Committee better utilize state funds for higher heard testimony March 2 on two bills education,” Ohles said. intended to provide funds for post- LB584, introduced by Ogallala secondary education in key fields of Sen. , study. would create an oral Heartwell Sen. health clinic grant Scholarship for dual enrollee John Kuehn, spon- fund that would students proposed sor of LB565, said be used to help ex- the bill would pro- pand facilities and High school students enrolled in vide financial aid programming for college courses could receive a scholar- Sen. Ken Schilz to students enrolled the Creighton Uni- ship under a bill heard by the Educa- Sen. John Kuehn in fields of study or versity School of Dentistry. tion Committee March 3. training that are integral to the future The bill would transfer $16.3 mil- LB102, introduced by Cedar Rap- economic well-being of Nebraska. lion from the Cash Reserve to the ids Sen. Kate Sul- LB565 would transfer $3 million Dental Clinic and Educational Facility livan, would pro- from the General Fund, $1 million Grant Fund by July 1, 2016. vide up to $1,500 from the Health Care Cash Fund Schilz said the state has an inter- in need-based aid and $1 million from the Job Training est in expanding dental education in to students in their Cash Fund to the Coordinating Com- Nebraska and a one-time expenditure first or second year mission for Postsecondary Education from the Cash Reserve Fund would be of full-time atten- for fiscal years 2015-16 and 2016-17. justified in order to do so. dance at a qualified Sen. Kate Sullivan The funds would be used to provide “Nebraska is sitting on a large cash Nebraska postsecondary institution. financial support to qualified public reserve,” he said. “In my estimation, Sullivan said that the Access College and private nonprofit two- and four- the cash reserve is too high and some Early Plus Scholarship Program (ACE year postsecondary educational institu- dollars should be invested in this Plus) already exists at the federal level tions in Nebraska to support students area.” but those funds no longer will be avail- enrolled in high-need programs. Mark Latta, dean of the Creighton able starting fiscal year 2015-2016. The bill defines “high-need” fields University School of Dentistry, spoke “Last year nearly 380 students as construction trades, transportation, in favor of the bill. The dental college received scholarships under [the warehousing and distribution logis- receives approximately 2,300 applica- ACE Plus program],” Sullivan said. tics, science, technology, engineering, tions for the 85 positions it has open “[LB102] would put the program

104TH LEGISLATURE • UNICAMERAL UPDATE • PAGE 7 March 2 - 6, 2015 into state statute and provide state who meet eligibility requirements. less than $40,000. LB431, introduced funding.” Grants distributed under the bill by Lincoln Sen. , would Mike Baumgartner, executive direc- could not exceed the average taxpayer increase the threshold to $100,000. tor of the Coordinating Commission subsidy provided for instruction of an Baker said that the initial threshold for Postsecondary Education, spoke in undergraduate student at a four-year was established decades ago and never favor of the bill. public college or university. has been adjusted for inflation. “The ACE Plus program helps kids College of Saint Mary President “That $40,000 level was enacted by succeed as they move on to college,” Maryanne Stevens spoke in favor the 1979 Legislature, 36 years ago,” he he said. “When ACE Plus students of the bill. She said the bill would said. “Adjusted for today’s numbers, finish college, 81 percent of them have encourage more first generation that would be over $130,000. [LB431] accomplished at least a 3.0 grade point college students to attend Nebraska would allow school districts to move average. [LB102] is a critical first step institutions. faster to make necessary repairs.” for this program.” “Often it’s these students that The state Board of Education No one testified in opposition to thrive in smaller environments that would adjust the threshold to account the bill and the committee took no most of the private, not-for-profit for inflation every five years, based immediate action on it. schools offer,” she said. “This would upon the percentage change in the be an important tool for our colleges consumer price index. Private college grants proposed to use in helping financially needy Omaha Sen sup- students attend college.” ported the bill, saying that the pro- Students attending private, not- Preston Harris also spoke in favor posed changes are long overdue. for-profit colleges or universities in of the bill, citing his experience as “This would not only save time Nebraska could receive additional a former student at Concordia Uni- but also money,” he said. “It would financial aid under a bill heard by the versity. be useful for them to be able to draw Education Committee March 3. “I was very sheltered as a kid and this new line in bidding for future LB401, introduced by Seward Sen. I needed a smaller environment to projects.” , thrive in my education,” he said. Senators advanced the bill to select would provide “Unfortunately, I had to work after file on a 38-0 vote. grants to students football games to pay for my tuition. attending an eli- I hated that because I wasn’t able to Funding changes proposed gible institution focus on my school work like I wanted for opportunity grants and demonstrat- to.” ing significant No one testified in opposition to Members of the Education Com- financial need. Sen. Mark Kolterman the bill and the committee took no mittee heard testimony March 2 on Kolterman said that many students immediate action on it. two bills that would adjust the fund- looking for a more personalized ex- ing source of Nebraska Opportunity perience end up leaving the state for School repair bill advanced Grants. college. Currently, 24.75 percent of net “Nebraska as a state has not pro- Senators gave first-round approval lottery receipts are dedicated to the vided significant resources for students March 3 to a bill that would give Nebraska Opportunity Grant Fund. who prefer a smaller, more personal school districts increased spending Beginning in fiscal year 2016-2017, college experience,” he said. “[LB401] authority. that funding will be discontinued and gives students a real choice about where Currently, school districts are not redirected to the Nebraska Education to continue their college education.” required to initi- Improvement Fund. The grants would be available to ate a bidding pro- LB520, intro- students in their freshman and sopho- cess for construc- duced by Cedar more years who maintain minimum ed- tion, remodeling Rapids Sen. Kate ucational standards. Full-time students or repairs when Sullivan, would would receive priority, but grants also the expenditure is phase out the fund- would be available to part-time students estimated to cost ing over three years Sen. Roy Baker Sen. Kate Sullivan

PAGE 8 • UNICAMERAL UPDATE • 104TH LEGISLATURE March 2 - 6, 2015 as opposed to eliminating all funds in service units or postsecondary institu- would not implement any new games FY2016-17. tions. of chance, but simply would allow the “We recognize the importance of The bill also would establish a new Legislature to authorize gaming in the these grants and the financial support best practices allowance in the state future if senators choose to do so. The they provide for need-based students,” aid to schools formula. Legislature has broad regulatory pow- Sullivan said. “This provides a mecha- Jon Habben, representing the ers, he said, and voters should be able nism for phasing out the use of lottery Nebraska Rural Community Schools, to decide whether gaming should be dollars and phasing in more general supported the bill, saying that it would included in those powers. funds.” help to grow education statewide. “This is a very simple proposition The lottery dollars allotted for the “Identifying best practices and, to let the people decide,” Schumacher opportunity grants would decrease by equally as important, spreading those said. 6.5 percent in FY2016-17, FY2017-18 best practices, are critical in the future Omaha Sen. Beau McCoy offered and FY2018-19. of education in Nebraska,” he said. the motion to indefinitely postpone The bill also includes intent lan- The committee took no immediate the measure, saying decisions on ex- guage that would direct the Legislature action on either bill. panded gambling should remain with to replace the lost revenue from the the voters and not the Legislature. general fund. “I believe it should stay with a vote Mary Sommers, director of student of the people, because that’s where financial aid at the University of Ne- we’ve had it for all these years,” Mc- braska at Kearney, opposed the bill. Coy said. She said that LB520 would put her The motion was adopted on 27- students’ academic success at risk. Legislative authorization of 16 vote, ending consideration of the “I really cannot overstate the im- gaming stalls measure for the session. portance of a stable funding mecha- nism for this program,” she said. “My After briefly debating the issue students really cannot afford vulner- March 2, senators voted to indefinitely ability. Moving [the funding source] postpone a proposal that would allow to general fund dollars makes it much the Legislature to authorize gaming riskier.” in Nebraska. The vote ended further The committee also heard testimo- action on the proposal. ny on LB519, also introduced by Sul- Currently, the Nebraska Constitu- Public power board change livan. The bill would provide funding tion specifically prohibits the Legisla- approved to the state Department of Education ture from authorizing any additional and the Coordinating Commission games of chance. Gaming can be Senators gave final approval March for Postsecondary Education to es- expanded in Nebraska only through 6 to a bill that changes provisions re- tablish competitive innovation grant constitutional amendment. lating to public power district boards programs. LR10CA, introduced by Colum- in Nebraska. Sullivan said the bill would pro- bus Sen. Paul Schumacher, would Currently, public power district vide a stable funding source for the place a proposed employees are prohibited from serv- programs. constitutional ing on the board of directors of the “Lottery proceeds are unpredict- amendment on public power district by which they able and are voluntarily generated the 2016 general are employed. from a limited sector of the popula- election ballot Under LB177, tion,” she said. that would allow introduced by The department and commission the Legislature Malcolm Sen. Ken would receive 40 percent of the money to authorize and Sen. Paul Schumacher Haar, a high-level available in the Nebraska Education regulate any other game of chance, manager employed Improvement Fund and would award lottery or gift enterprise. by a district is pro- grants to school districts, educational Schumacher said the proposal hibited from serv- Sen. Ken Haar

104TH LEGISLATURE • UNICAMERAL UPDATE • PAGE 9 March 2 - 6, 2015 ing as a member of the board of ogy department at UNMC, testified in by Jan. 1, 2016, and pay a licensure fee directors of any public power district. support of the bill. Nebraska currently established by the commission. An A high-level manager includes a has a shortage and maldistribution of individual or entity providing inter- chief executive officer, president, vice behavioral health care providers, he preting services without a license after president, chief financial officer, chief said, and having a program that can that date would be subject to a civil operations officer, general manager or screen children during primary care penalty of up to $500 for each offense. assistant general manager. provider visits has proven successful. LB287 also would create a licensure The bill passed on a 47-0 vote. Evans said 88 of Nebraska’s 93 category for video remote interpreting counties are identified by the federal services. government as behavioral health pro- Interpreting services would be ex- vider shortage areas. empt from the licensure requirement UNMC psychology professor Kath- if conducted: ryn Menousek also testified in sup- • as part of a religious service; port, saying the program hopes to • in a health care emergency until expand to five or six sites throughout a licensed interpreter could be Bill would extend behavioral the state. obtained; health pilot program “This would allow greater access • by a student under the direct to behavioral health services to many supervision of a licensed inter- The Health and Human Services Nebraska families,” she said. preter; Committee heard testimony March No opposition testimony was of- • by an educational interpreter 4 on a bill that would extend a be- fered and the committee took no working under regulation of havioral health screening and referral immediate action on the bill. the state Department of Educa- pilot program. tion; or In 2013, the Legislature created the Expanded licensure for sign • by an individual licensed in an- Behavioral Health Screening and Re- language interpreters proposed other state who is awaiting com- ferral Pilot Program at the University mission approval in Nebraska. of Nebraska Medical Center (UNMC) The Health and Human Services John Wyvill, executive director of to develop ways to address unmet Committee heard testimony March the Nebraska Commission for the children’s behavioral health needs that 6 on a bill that would expand licen- Deaf and Hard of Hearing, testified could be replicated statewide. sure requirements for sign language in support of the bill. Currently, only LB240, introduced by Lincoln interpreters. the courts, law enforcement and state Sen. , Malcolm Sen. Ken Haar, sponsor agencies are required to use licensed would remove the of LB287, said the sign language interpreters, he said. Sept. 6, 2015, ter- bill was introduced “In other settings they may not [be mination date for on behalf of the Ne- licensed],” Wyvill said, “which means the program and braska Commission that if there is a complaint … there an existing cap for the Deaf and would be no way for the state to rem- on the number of Hard of Hearing. edy that situation or ensure the quality clinic sites. Sen. Matt Hansen He said that 1 per- or proficiency of the interpreter.” Hansen said the screening program cent of Nebraskans Sen. Ken Haar No one testified in opposition and is included in UNMC’s budget, so are deaf and 9 percent are hard of the committee took no immediate ac- LB240 would have no fiscal impact hearing. tion on the bill. on the state. “Passage of LB287 guarantees that “We seem to have great consensus all Nebraskans receiving sign language Medicaid personal needs that this is an effective program to interpreting services will obtain a allowance increase advanced make sure that behavioral health care higher standard of communication is available in more and more commu- access,” Haar said. Lawmakers amended and advanced nities throughout our state,” he said. Under the bill, all interpreters a bill from general file March 4 that Joe Evans, director of the psychol- would be required to obtain licensure would increase the personal needs al-

PAGE 10 • UNICAMERAL UPDATE • 104TH LEGISLATURE March 2 - 6, 2015 lowance by $10 for Medicaid eligible ance represents the amount of their allow incarcerated individuals to re- individuals who reside in an alterna- own money that they are able to keep quest that a court reconsider evidence tive living arrangement. each month. used in their trials. As introduced by Lincoln Sen. Pat- “It’s money that they need to main- Introduced by Sen. Patty Pansing ty Pansing Brooks, LB366 originally tain some kind of dignity,” Baker said. Brooks of Lincoln, LB245 would allow would have increased the allowance Omaha Sen. Beau McCoy opposed a person in custody to request DNA from $50 to $75. The change would re- the bill and the amendment, calling testing of previously tested material flect the higher the proposal a component of Medic- if current technology could provide cost of living, aid expansion. He said an increase in more accurate or probative results. Pansing Brooks the personal allowance would reduce Currently material can be retested said, noting the amount of money available in the only if a court determines that such that the allow- state’s budget to provide tax relief to forensic testing did not exist at the ance has not all Nebraskans. time of the trial. been increased “Well-meaning or not, that’s what Pansing Brooks said the bill would since 1999. Sen. this legislation does,” McCoy said. clarify language in the Nebraska DNA “This is basically an inflationary The amended bill advanced to Testing Act to give more options to adjustment,” she said, adding that select file on a 29-12 vote. people who feel they were wrongly many Nebraskans living in nursing convicted. homes and assisted living facilities lack “We need to make sure justice is the funds to cover their discretionary done and that we are not keeping personal needs. innocent people in prison,” she said. Lincoln Sen. agreed, Omaha Sen. Ernie Chambers, who saying he had introduced the same introduced the Nebraska DNA Testing bill last session after visiting a nurs- Marriage fees increased Act in 2001, supported the bill. Law- ing home in his district during the makers should always be attentive to holiday season. Residents had written Lawmakers passed a bill March 6 scientific innovation and update laws their gift requests on the back of tree that increases county marriage license accordingly, he said. ornaments, he said, and most were fees. “We should never object to re- for items like lotion or a pair of socks. LB88, introduced by Lincoln Sen. search and development, and, where “These residents were not asking Kathy Campbell, necessary, experimentation,” Cham- for luxury items,” Coash said. “They increases the fee bers said. were asking for things that they charged by coun- A Judiciary Committee amend- needed.” ties from $15 to ment added provisions from LB244, Coash offered an amendment, ad- $25 for issuing and also introduced by Pansing Brooks. opted 36-5, that lowered the proposed recording marriage Adopted 35-0, the amendment al- increase to $60. He said a moderate licenses and to ad- lows motions for new trials to be filed increase would improve residents’ minister oaths or Sen. Kathy Campbell whenever new non-DNA evidence is quality of life while lowering the bill’s affirmations for marriage. The bill also discovered. Currently, motions may original $3 million General Fund fis- increases the fee charged by counties be filed only within three years of a cal impact. from $5 to $9 to make a certified copy verdict when based on discovery of “We haven’t kept up,” he said. of a marriage record. new non-DNA evidence. “Fifty dollars doesn’t buy what it used Senators passed the bill on a 42-4 Hastings Sen. said the to; it certainly doesn’t buy what it did vote. amendment and bill are important to in 1999.” ensure statutes keep pace with scien- Sen. Roy Baker of Lincoln spoke in Evidence testing measure tific progress. favor of increasing the allowance. Indi- amended, advanced “We need to catch up with sci- viduals must spend down their assets ence,” he said. before becoming eligible for Medicaid, A bill was amended and advanced Senators advanced the amended he said, and the personal needs allow- from general file March 3 that would bill to select file on a 35-0 vote.

104TH LEGISLATURE • UNICAMERAL UPDATE • PAGE 11 March 2 - 6, 2015

Death penalty repeal have allowed her family to move for- death penalty,” Kleine said. considered ward, she said. The committee took no immediate “Only when we end the death pen- action on the bill. The Judiciary Committee heard alty in Nebraska will we stop making a bill March 4 that would repeal Ne- the painful promise to victims’ fami- Senators discuss human braska’s death penalty. lies like mine,” Kelle said. trafficking prevention Introduced by Omaha Sen. Ernie Former Sarpy County District Chambers, LB268 would replace Judge Ronald Reagan also testified Human trafficking prevention ef- death penalty in support of the bill. Reagan said he forts would be strengthened by a bill provisions with decided that the death penalty had no heard by the Judiciary Committee a sentence of life deterrent effect while presiding on the March 4. without the pos- panel that sentenced John Joubert to Introduced by sibility of parole. death in 1984. Norfolk Sen. Jim The bill would Joubert, who was executed by Scheer, LB294 apply retroac- electric chair in 1996 for the murder would: tively to inmates Sen. Ernie Chambers of two boys, ignored the fact that he • allow hu- currently serving capital punishment could have taken one of his victims to man traffick- sentences. It was the 38th time that Iowa, a state less than two miles away ing victims Sen. Jim Scheer Chambers has introduced such leg- with no death penalty, Reagan said. to seek restitution for damages, islation. States without the death penalty deemed to be a minimum of The bill would not prevent a sen- do not have higher murder rates than $150,000, plus attorney fees tencing court from ordering restitu- states with capital punishment, he and costs associated with a civil tion, or alter the authority of the state added. action; Department of Correctional Services “We can repeal the death penalty • increase penalties for solicita- to determine appropriate measures for and there will be no detrimental harm tion of prostitution, pandering incarceration of an offender. to public safety,” Reagan said. and keeping a house of prosti- Chambers said that between 1903 Jeff Patterson, an attorney repre- tution; and 2010, Nebraska executed 23 out senting four of the six Nebraskans • permit search warrants and sub- of 72 people who had been sentenced wrongly convicted for the 1985 mur- poenas to be issued for entities to death. Executions do not occur der of Helen Wilson in Beatrice, spoke located outside of Nebraska; frequently enough to stop people from in favor of the bill. The threat of execu- • allow juvenile courts to main- killing one another, he said. tion can create false confessions, he tain jurisdiction over juvenile “It is clear that this is not a penalty said, and was a factor that caused two victims; of punishment that is relied on to do of his clients to experience psychotic • define offenders’ property that anything,” Chambers said. “Some- delusions that they were involved in a would be subject to forfeiture; thing so seldom used could not be a crime they did not commit. and deterrent.” “For the Beatrice Six it certainly • require all forfeited assets be Miriam Kelle, whose brother was encouraged pleas, but it encouraged deposited in a victim assistance murdered by Michael Ryan in Rulo, innocent people to plea to crimes they fund. testified in support of the bill. Ryan is didn’t commit,” Patterson said. “The Scheer said Nebraska has the least awaiting execution after being found threat of a death penalty did not serve stringent penalties for human traffick- guilty in 1985 of murdering Kelle’s the interest of justice.” ing compared to all of its neighboring brother James Thimm and another Don Kleine, representing the Ne- states. The bill sends a strict message person. braska County Attorneys Association, of intolerance, he said, by addressing Kelle said her family has suffered testified in opposition to the bill. The all facets of trafficking’s exploitative for 30 years waiting for Nebraska’s death penalty is sought only for espe- business model. Nebraska should not legal system to deliver the justice it cially heinous crimes, he said. be a safe haven in the region for traf- promised. Sentencing Ryan to life in “In certain extreme, unique situa- fickers, he said. prison instead of death row would tions, we believe there needs to be the “LB294 is really designed to de-

PAGE 12 • UNICAMERAL UPDATE • 104TH LEGISLATURE March 2 - 6, 2015 crease the profitability and increase he said, juvenile courts have no place K2—a Class IV felony, eliminate terms the risk of engaging in this criminal to send human trafficking victims for so that all cannabis products except enterprise,” Scheer said. rehabilitation. Additionally, he said, marijuana fit under the umbrella of Weysan Dun, a retired FBI special allocating money from fines and forfei- THC, add more items to the list of agent and member of the governor’s tures to specific government programs controlled substances and update the task force on human trafficking, testi- rather than to education, as is now definition of THC. fied in support of the bill. Human mandated, may be unconstitutional. Williams said marijuana use is a trafficking is a problem in Nebraska, Juliet Summers of Voices for Chil- growing problem in Nebraska due he said, but its victims are in too vul- dren offered neutral testimony, saying to it being legalized in Colorado in nerable a position to attempt escape. the measure should more clearly de- 2012. Easier access to the drug and “Human trafficking is vastly un- fine how victims of human trafficking increased concentrations of THC in derreported because its victims … would be viewed by the juvenile justice edible products is a dangerous trend, are often completely dependent on system. especially for young people, he said. the criminals who victimize them for “Labeling victims as delinquents “I hope to send a clear message even the most basic necessities of life,” is not the right way to protect them,” that marijuana … and other drugs are Dun said. she said. harmful to their development and to Amber Schlote, a detective with the The committee took no immediate their future,” Williams said. Omaha Police Department, also spoke action on the bill. Ronald Bartzatt of the University in favor of the bill, saying human traf- of Nebraska at Omaha chemistry de- ficking is the nation’s second fastest Changes to marijuana-related partment testified in support of the growing criminal enterprise behind crimes proposed bill, saying marijuana is the most sales of illegal narcotics. People can abused illicit drug. Marijuana smoke be sold thousands of times, she said, Penalties for possession and manu- contains more than 50 carcinogens, with pimps earning up to $1 million facture of some marijuana-based prod- he said, and despite its broad use annually. ucts would be created and enhanced and legalization in some areas of the “Money is the driver of this busi- under legislation heard by the Judi- country, Nebraska should continue to ness,” Schlote said. ciary Committee March 6. criminalize it. Allowing courts to detain victims LB326, introduced by Gothenburg “Marijuana should remain identi- would give law enforcement time to Sen. Matt Wil- fied as a dangerous drug,” Bartzatt said. determine what services would best liams, would make Cheyenne County Sheriff John suit them, she said. Under current several changes to Jensen also spoke in favor of the bill. statute, she said, every child that law the Uniform Con- Felony penalties for edible marijuana enforcement has placed in out-of- trolled Substances products are appropriate, he said, home care has run away. Act, including cre- because dealers can easily sell them Nebraska Attorney General Doug ating crimes for to children. Peterson also supported the bill, manufacture and Sen. Matt Williams “One of the dangerous things we calling it a first step toward stopping possession of edible products contain- face today is the increase in THC organized crime and providing services ing tetrahydrocannabinols (THC). levels,” he said. for its victims. Stronger penalties and The bill would make the manufac- Kali Smith also spoke in favor of forfeiture programs would provide ture of edible marijuana products a LB326, saying synthetic marijuana law enforcement the tools needed for Class III felony, punishable by up to 20 caused her son, Tyler, to commit sui- a strong start, he said. years’ imprisonment, a $25,000 fine or cide. There were no deaths attributed “The first people we have to get by both. Possession of edible marijuana to synthetic marijuana in 2014, Smith the neck are the guys that would do products would be a Class IV felony, said, which shows that stringent drug this type of business,” Peterson said. punishable by up to five years’ impris- laws passed by the Unicameral have Thomas Strigenz of the Nebraska onment, a $10,000 fine or both. worked. Criminal Defense Attorneys Associa- The bill also would make posses- “That is a huge victory and we tion testified in opposition to the bill. sion of substances containing syn- want to keep that going with this law,” Without treatment programs in place, thetic cannabinoids—also known as Smith said.

104TH LEGISLATURE • UNICAMERAL UPDATE • PAGE 13 March 2 - 6, 2015

Tonja Peterson-Wendt of Omaha McCollister said the bill is designed pate in agritourism testified in opposition to the bill, to benefit victims of crime in the state activities would not saying penalties regarding edible and help protect their privacy. be liable for injury marijuana products proposed in the Toni Jensen of the Nebraska Coali- or death of a visitor bill are too strict. tion for Victims of Crime testified in resulting from in- “You should not punish people support of the bill. Currently, crime herent risk. Visitors for trying to end their physical pain,” victims seeking financial reparations must be warned of she said. in Nebraska face barriers such as potential dangers by Sen. Ken Schilz Aaron Weiler agreed. The felony rejected claims and delayed payment, a sign or in a contract by any owner that charge for possessing edible marijuana she said. Citing the case of an assault charges a fee for visitors to participate. products proposed in the bill could victim who was denied medical ex- Schilz said that the threat of a cause more people to try synthetic penses, Jensen said many victims feel potential lawsuit discourages many cannabinoids, he said. abandoned by the state. landowners from opening their prop- The committee took no immediate “She felt unsupported and con- erties to tourists. action on the bill. descended throughout a process that “[This bill] encourages landowners often loses sight of the person behind to grant access to their farm and ranch Increased compensation the claim,” Jensen said. land for recreation and tourism activi- proposed for crime victims Rhonda Rolles, director of the ties by reducing the risk of liability,” Douglas County Victim Assistance he said. “Encouraging agritourism is a Crime victims would receive more Division, also spoke in favor of the great way for those landowners to add reparations under a bill heard by the bill. Many victims struggle financially, value to their land.” Judiciary Committee March 4. she said, and compensation for funeral The bill defines inherent risk as any LB354, introduced by Omaha Sen. expenses and lost wages helps keep condition, danger or hazard that is an John McCollister, would amend the families intact and debt-free. integral part of land or water used for Nebraska Crime “These victims are not profiting agritourism, including: Victim’s Repara- from being compensated,” Rolles said. • surface and subsurface condi- tions Act by in- Shawn Renner, representing Media tions and natural conditions creasing the max- of Nebraska Inc., testified in opposi- of land, vegetation and waters; imum compen- tion to the bill. He said the bill’s • the behavior of wild or domestic sation amount provision regarding name disclosure animals; from $10,000 to is unclear regarding what information • the ordinary dangers of struc- $25,000, unless Sen. John McCollister would be public record. tures or equipment used in farm- job retraining or similar employment- The committee took no immediate ing or ranching operations; and related rehabilitative services are action on the bill. • the potential of a participant necessary. The bill also would cap to act in a negligent way that compensation for medical expenses at may contribute to injury of the $20,000, limit the amount for funeral participant or others. expenses to $10,000 and limit the Liability would not be limited for amount for related costs to $5,000. any owner who knows of potential The bill also would: dangers or improperly trained staff • permit only the names of victims Limited liability for agritourism members and takes no action to cor- and witnesses to be disclosed on proposed rect those issues. Owners also would any public court documents; be liable for any actions that constitute • add a third public member to Owners of agritourism businesses intentional or willful gross negligence. the Nebraska Crime Victim’s would see decreased legal liability Sarah Sortum, who co-owns Cala- Reparation Committee; and under a bill heard by the Natural Re- mus Outfitters near Burwell, spoke • repeal the requirement that a sources Committee March 5. in favor of the bill. She said that victim’s compensation claim be Under LB329, introduced by Ogal- agritourism is the reason she and her notarized. lala Sen. Ken Schilz, any owner who brother returned to Nebraska to raise allows visitors on their land to partici-

PAGE 14 • UNICAMERAL UPDATE • 104TH LEGISLATURE March 2 - 6, 2015 their families. families. state’s obligation is very clearly to the “[Agritourism] is a wonderful tool “This would give more of Nebras- funding of public schools. that is underutilized right now and is a ka’s low- and middle-income families “For a variety of reasons, some great way to encourage rural economic the ability to choose the educational families choose to send their children development. In a small community, institution that is best for their chil- to schools other than public schools. one or two families makes a big differ- dren,” he said. “And by doing so, Historically, even with all of these ence,” she said. “Our main problem [Nebraska] would join 43 other states choices, 90 percent of school-aged has been liability and insurance; we’re and Washington, D.C. that offer the children attend their public schools,” still spending nearly 10 percent of our possibility of school choice for their Breed said. “[LB26] would in essence revenue on insurance.” children.” take funds that have been collected to John Lindsay, representing the Ne- To qualify for a scholarship, a stu- fulfill a public obligation and be used, braska Association of Trial Attorneys, dent must be a Nebraska resident and instead, to fund private entities.” opposed the bill, saying that liability have a household gross income at least The committee took no immediate provides accountability. two times the income standard used to action on the bill. “Unless there’s carelessness on the qualify for reduced-price meals. part of the person being sued, there The income tax credit would be Fuel tax increase proposed isn’t going to be liability. The good op- 60 percent of the total contribution erators are not the problem,” he said. made by an individual, estate, trust Members of the Revenue Commit- “If this bill passes, the owners who or corporation. The credit could not tee heard testimony March 6 on a bill aren’t responsible have no incentive exceed the taxpayer’s income liability, that would increase the fixed fuel tax. to be proactive and would be better however any amount over the limita- Currently, the fixed fuel tax ap- off if they weren’t.” tion could be carried forward for up propriated to the state Department of The committee took no immediate to five years. Roads is 7.5 cents on each gallon of action on the bill. The aggregate amount of tax credits gasoline. LB610, introduced by Papil- could not exceed $10 million in 2016. lion Sen. Jim Smith, would increase Starting in 2017, the limit would be the tax by one-half the same as the previous year. How- cent annually for ever, if the aggregate amount of tax four years, starting credits in the previous year is at least in 2016. Smith said 90 percent of the limit, the limit in that the success of the current year would increase by 25 the state is depen- Tax credit proposed for percent. dent upon the near- scholarship donations Scott Ernstmeyer, executive direc- ly 100,000 miles of Sen. Jim Smith Members of the Education Com- tor of Lincoln Lutheran Schools, roads and 20,000 bridges in Nebraska. mittee heard testimony March 4 on a spoke in favor of the bill, saying that “Businesses and industries rec- bill that would encourage donations to school funding is just as much of a ognize that a well maintained road a private school scholarship program. challenge for private schools as it is infrastructure is absolutely critical to LB26, introduced by Omaha Sen. for public schools. our state,” he said. “We’re operating Bob Krist, would “In the last few years we have seen a at a relatively low cost per mile, but provide a nonre- huge increase in costs, but the church our [road and bridge] conditions have fundable income has been unable to keep up,” he said. suffered possibly as a result.” tax credit for “We have an opportunity to serve stu- The proposed change to the fixed contributions to dents in local communities, alleviate fuel tax would increase revenue to the a qualified schol- some of the strains on public schools department by $2.1 million in fiscal arship-granting and ease some of the financial burden year 2015-16, $8.5 million in FY2016- organization that Sen. Bob Krist that has been shifted to our parents.” 17, $14.8 million in FY2017-18 and provides scholarships to attend private Roger Breed, executive director of $21.2 million in FY2018-19. schools. Krist said it is time to expand the Greater Nebraska Schools Asso- The bill also would increase the learning opportunities for Nebraska ciation, opposed the bill. He said the fixed fuel tax distributed to cities and

104TH LEGISLATURE • UNICAMERAL UPDATE • PAGE 15 March 2 - 6, 2015 counties from 2.8 to 3.8 cents per under legislation heard by the Trans- state in the country that prohibits gallon for four years, starting in 2016. portation and Telecommunications young illegal immigrants, commonly Cities and counties would see in- Committee March 3. referred to as “dreamers,” from hav- creases of $4.2 million in FY2015-16, Introduced by Omaha Sen. Jer- ing driver’s licenses. The Heineman $16.9 million in FY2016-17, $29.6 mil- emy Nordquist, administration acted erroneously, he lion in FY2017-18 and $42.3 million LB623 would said, because DACA recipients are in FY2018-19. allow Nebraska given lawful status under federal law. Lancaster County Engineer Pam residents of driv- Young immigrants need the ability Dingman spoke in favor of the bill. ing age who are to drive to pursue an education and She said that funding has not kept up covered by the careers, which, he said, ultimately with the need for new and repaired federal Deferred would benefit the state socially and roads and bridges. Action of Child- Sen. Jeremy Nordquist economically. “As our roads and bridges continue hood Arrivals (DACA) program to “Dreamers are not citizens yet, to deteriorate, so does the quality of secure a driver’s license or state iden- but lawfully present,” Nordquist said. life for [our citizens],” she said. “Our tification card. “Why would we want to limit their infrastructure must become a priority Administered by the U.S. Depart- ability to work and contribute to the for our economy to prosper.” ment of Homeland Security, the economy?” Larry Hudkins, representing the DACA program is designed to protect Jerry Kuenning of the Nebraska Nebraska Farm Bureau, also sup- from deportation individuals who Cattlemen testified in support of the ported the bill, saying that maintain- were brought into the country illegally bill. He said the state’s 2,300 DACA ing roads and bridges is essential to as children. Those who meet DACA recipients represent an important la- farmers and ranchers. guidelines are eligible for a work bor pool for Nebraska’s economy. The “The key to competing is to keep the permit and may request deferred ac- state’s agriculture-based businesses shipping of the components low for our tion for two years, subject to renewal. could not survive without those skilled farmers and ranchers, who each year, To qualify for the program residents workers, he said. face more global competition,” he said. must have: “This bill is an important step to Americans for Prosperity Execu- • lived in the U.S. continuously promote the growth of this workforce tive Director Matt Litt opposed the since June 15, 2007; in rural Nebraska,” he said. bill. He said the increase represents a • been no older than 31 as of June Fatima Flores-Lagunas, a DACA regressive tax hike on low- and middle- 15, 2012; recipient, also spoke in favor of the income families. • entered the country prior to bill. Not being able to drive is an “Our taxes are too high and the their 16th birthday; overwhelming barrier for immigrants government must act to lower that bur- • attended school, earned a di- who want to get degrees, jobs and give den,” he said. “This bill doesn’t fit with ploma or general education cer- back to their communities, she said. the priorities of our state government.” tificate or been honorably dis- “I’m disappointed, saddened and The committee took no immediate charged from the U.S. Armed hurt that the state I love has turned action on the bill. Forces; and its back on me,” she said. • not been convicted of a felony Maria Flores, another DACA re- or significant misdemeanors. cipient, agreed, saying that the state’s In August 2012, then Governor policy is preventing her from using directed the state the degree she earned in Nebraska Department of Motor Vehicles to deny to pursue a career as a social worker. driver’s licenses to DACA recipients Speaking in support of the bill, she on the grounds that state law forbids said she is being forced to consider Driver’s licenses requested for granting public benefits to illegal leaving her family and home to use young immigrants aliens. Lawsuits are pending against her skills elsewhere. Heineman and the department to stop “I have had many blessings here in Nebraska would join other states them from withholding the licenses. Nebraska, but I wonder if it would be in allowing young immigrants to drive Nordquist said Nebraska is the only easier in another state,” Flores said.

PAGE 16 • UNICAMERAL UPDATE • 104TH LEGISLATURE March 2 - 6, 2015

Beverly Reicks, president of the Na- and Telecommunications Committee such as and Seattle, where tional Safety Council Nebraska, spoke March 2. arrest rates of intoxicated drivers have in favor of the bill. Besides serving as a LB629, introduced by Omaha Sen. declined 10 percent. Although ques- critical piece of identification, a driver’s , would designate a trans- tions remain about insurance coverage license typically makes for a safer driver, portation network for service providers, Barmore said, he she said. An unlicensed driver is 9.5 company (TNC) as is confident ride-sharing companies times more likely to leave the scene a new class of trans- will be able to find a permanent home of an accident, she said, and in 2011, portation service in Nebraska. 11.5 percent of drivers involved in fatal provider. A TNC “We are not anti-regulation; we are accidents had no license. would fall under for smart regulation that takes into “Denying driver’s licenses to one the jurisdiction of account this is a new technology,” segment of society makes everyone less the Public Service Sen. Heath Mello Barmore said. safe,” Reicks said. Commission and be defined by the bill Scott Hatfield, owner of Duffy’s Kristin Fearnow, an immigration as a corporation, partnership or other Tavern in Lincoln, also spoke in favor attorney, also testified in support of entity that uses an online application of the bill, saying Lincoln businesses the bill, saying that deferred action or digital network to connect riders to always have been concerned about pro- has benefited the country socially drivers for transportation service. viding safe and plentiful transportation and economically. About 70 percent The bill would establish regula- options to and from downtown for cus- of DACA recipients reported getting tions for a TNC regarding permits, tomers. Despite the recent expansion of their first job, 45 percent reported insurance, driver background checks, taxi service in Lincoln, he said, patrons receiving higher wages, 50 percent vehicle inspections, fee collection and still experience one- or two-hour waits opened their first bank account and complaint investigation. Additionally, for cabs. This results in some people 57 got their first driver’s license, she the bill would require a TNC to pay an deciding to drive themselves home said. A driver’s license increases pro- annual fee of $20,000 or up to $80 per while possibly intoxicated, he said. fessional potential, she said, which vehicle registered with the company. “Happy Cab has done a nice job increases spending power and grows Mello said ride sharing is a rapidly in Lincoln, but it’s far from enough,” the tax base. growing industry that cities and states Hatfield said. “This bill will allow so many find difficult to fit into existing regula- Inge Roettcher, an Uber driver incredibly talented people to better tory frameworks. Unlike a traditional from Omaha, also spoke in support contribute to the state,” Fearnow said. taxi service, he said, TNC drivers can of the bill. She said her experience as Susan Gumm of Nebraska Taxpay- serve only subscribers who request both a taxi operator and ride-sharing ers For Freedom testified in opposi- rides via online applications. Current provider has shown her that there is tion to the bill. People in the country statutes that were drafted decades be- room in Nebraska for many styles of illegally create unnecessary competi- fore the invention of the smart phone transportation businesses. The more tion for jobs, benefits and classroom need to be updated immediately, he businesses that compete for riders, space in this country, she said. said, because ride-sharing companies she said, the better the service will be. “I am against granting privileges to already are operating without regula- “Competition is good,” Roettcher those in the United States illegally at tion in Nebraska. said. “It makes us step up our game, it the expense of citizens who are in need “Regardless of how they enter into makes us provide a more professional of similar opportunities,” she said. business in the state,” Mello said, “it service to the public.” The committee took no immediate is obvious they don’t fit commercial Kelly Campbell, representing the action on the bill. carrier regulations.” Property Casualty Insurers Associa- Dave Barmore, public policy associ- tion of America, testified in opposi- Ride-sharing regulations ate for Uber, testified in support of the tion to the bill. She said LB629 does proposed bill, saying that Nebraska is one of 30 not define clearly when a driver is state governments with which Uber is considered to be working for a TNC, Ride-sharing companies such as discussing ride-sharing legislation. De- which creates potential gaps in how Lyft and Uber would be regulated un- spite being a new industry, he said, ride drivers are insured. Commercial use der a bill heard by the Transportation sharing is making an impact in cities of a vehicle, she said, is not typically

104TH LEGISLATURE • UNICAMERAL UPDATE • PAGE 17 March 2 - 6, 2015 covered by drivers’ personal auto in- ity to be appointed custodian over a surance policies. dissolved HOA. “This new business model blurs Hansen said the bill would allow a the [coverage] lines,” Campbell said. municipality to take over maintenance Kirby Young, co-owner of Servant of any common areas that previously Cab Company in Lincoln, also spoke Dissolved HOA bill advanced had been maintained by the HOA. in opposition to the bill. He said “These dissolved HOAs present ride-sharing companies have been Lawmakers gave second-round ap- problems to the municipalities,” he able to provide the same service as his proval March 3 to a bill that would said, adding that there are currently company in Nebraska without being provide a mechanism for a dissolved 26 dissolved HOAs in Lincoln. subject to the same regulations. Nu- Home Owners Association (HOA) to An Urban Affairs Committee merous rules, such as those regarding achieve reinstatement. amendment, adopted 26-0, made rates charged and drivers’ hours are LB304, introduced by Lincoln technical changes to the bill. The not being applied to TNCs, he said. Sen. Matt Hansen, amendment also established a $100 “We’re just asking for a level would adopt the fee for an HOA seeking reinstatement playing field,” Young said. “Any way Municipal Custo- after being dissolved for more than [TNCs] would be authorized to do dianship for Dis- five years and limited the bill’s provi- business, we would want to be autho- solved Homeown- sions to HOAs located within the city rized to do business.” ers Associations limits of a municipality. The committee took no immediate Act. The bill would The bill advanced to select file on Sen. Matt Hansen action on the bill. allow a municipal- a 27-0 vote. g

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PAGE 18 • UNICAMERAL UPDATE • 104TH LEGISLATURE March 2 - 6, 2015 Committee Hearings *Current hearing schedules are always available at: nebraskalegislature.gov/calendar

Monday, March 9 Transportation & Telecommunications for underground oil and natural gas Appropriations Room 1113 - 1:30 p.m. pipelines Room 1524 - 1:30 p.m. LB609 (Smith) Adopt the Nebraska LB652 (Transportation & Telecommu- Agency 69: Neb. Arts Council Bridge Repair Act nications) Adopt the 911 Emergency Agency 13: Dept. of Education LB626 (Campbell) Create a fund and Services Communications Act Agency 32: Board of Educational Lands change motor vehicle fees and taxes and Funds and their distribution Wednesday, March 11 Agency 34: Neb. Library Commission Appropriations LB185 (Bolz) Appropriate funds to Tuesday, March 10 Room 1003 - 1:30 p.m. implement the Master Teacher Program Appropriations Agency 23: Dept. of Labor Act Room 1524 - 1:30 p.m. Agency 54: Neb. State Historical LB274 (Hansen) Appropriate funds to Agency 5: Supreme Court Society the State Department of Education for Agency 11: Attorney General Agency 52: State Fair Board mentor teacher programs Agency 94: Commission on Public Agency 91: Neb. Tourism Commission Advocacy Agency 72: Dept. of Economic Banking, Commerce & Insurance Agency 15: Neb. Board of Parole Development 1507 - 1:30 p.m. Agency 46: Dept. of Correctional LB161 (Schumacher) Adopt the Pairing Appointment: Hicks-Sorensen, Brenda Services Equity to Enterprises Act and provide L. - Dept. of Economic Development LB229 (Watermeier) Appropriate for a transfer from the Cash Reserve LB341 (Howard) Provide requirements funds to the Supreme Court for court Fund relating to health benefit plan coverage appointed special advocate state aid LB263 (Johnson) Appropriate funds to for insureds in jail custody LB237 (Coash) Appropriate funds for the Nebraska State Historical Society LB488 (Scheer) Adopt the Transportation correctional facilities LB318 (Kuehn) State intent to fund Network Insurance Act LB654 (Seiler) Appropriate funds to the planning and development regions Department of Correctional Services LB449 (Mello) Change provisions Business & Labor relating to funding for microloans Room 1510 - 1:30 p.m. Banking, Commerce & Insurance LB450 (Mello) Authorize grants to aid LB429 (Smith) Provide for medical utiliza- Room 1507 - 1:30 p.m. tourism, create a fund, and change tion and treatment guidelines under the LB193 (Nordquist) Prohibit the funding provisions Nebraska Workers’ Compensation Act collection of interchange fees on LB569 (Brasch) Change the Business LB288 (Ebke) Prohibit public employers specified taxes and provide penalties Innovation Act from making certain deductions from LB348 (Krist) Change provisions wages relating to automatic teller machines Government, Military & Veterans Affairs LB554 (Business & Labor) Provide for and point-of-sale terminals Room 1507 - 1:30 p.m. payment of claims against the state LB395 (Schilz) Adopt the Nebraska LR73 (Ebke) Urge each state to adopt LB555 (B. Harr) Deny claims made Enterprise Act and authorize grants for or continue the proportional method for against the state economic development allocating presidential electors LB480 (B. Harr) Change provisions LB576 (Murante) Change election and relating to computing compensation Education membership provisions for learning under the Nebraska Workers’ Room 1525 - 1:30 p.m. community coordinating councils Compensation Act LB572 (Davis) Provide duties for the state school security director relating Health & Human Services Education to cyberbullying and digital citizenship Room 1510 - 1:30 p.m. Room 1525 - 1:30 p.m. issues LB333 (Gloor) Adopt the Health Care LB443 (Bolz) Redefine support services LB29 (McCoy) Change provisions Services Transformation Act for purposes of the Special Education relating to school health inspections LB516 (Bolz) Create the Brain Injury Act LB511 (Cook) Provide for return-to- Council and the Brain Injury Trust Fund LB507 (Cook) Require certain learn protocols for pediatric cancer and provide powers and duties examinations for special education survivors LB411 (Cook) Change provisions teachers relating to the Supplemental Nutrition LB508 (Cook) Provide minimum Transportation & Telecommunications Assistance Program requirements for acceptance to teacher Room 1113 - 1:30 p.m. education programs LB535 (Smith) Provide the Public Judiciary LB489 (Sullivan) Change provisions Service Commission with exclusive Room 1113 - 1:30 p.m. relating to grants for early childhood jurisdiction over depth requirements LB362 (Krist) Change eminent domain education as prescribed

104TH LEGISLATURE • UNICAMERAL UPDATE • PAGE 19 March 2 - 6, 2015 Committee Hearings *Current hearing schedules are always available at: nebraskalegislature.gov/calendar provisions relating to school sites Support for College Savings Act for the statewide prescription drug LB473 (Chambers) Eliminate the power LB437 (Ebke) Change provisions disposal project of eminent domain for major pipelines relating to the Parenting Act LB397 (B. Harr) State intent relating to LB497 (Hadley) Change provisions funding for a lead-based paint hazard Natural Resources relating to distribution of marital assets reduction grant Room 1525 - 1:30 p.m. LB625 (Krist) Adopt the Interstate LB418 (Nordquist) Change distribution A portion of the Public Hearing on Placement for Involuntarily Admitted of cigarette tax proceeds LB512 will be conducted via video Patients Agreement Act conference Business & Labor • Hearing Time: 1:30 p.m. Central Natural Resources Room 2102 - 1:30 p.m. Time Room 1525 - 1:30 p.m. Appointment: Bley, Steven - Boiler • Video Conference Site: ESU #13, LB634 (Garrett) Provide for issuance Safety Code Advisory Board 4215 Avenue I, Conference Room C, of permits under the Game Law to Appointment: Kirkpatrick, Robert - Scottsbluff, NE prisoners of war Boiler Safety Code Advisory Board LB512 (Stinner) Provide powers and LB636 (Garrett) Provide for a Appointment: Phipps, Thomas E. - duties to the Nebraska Oil and Gas discounted permit under the Game Boiler Safety Code Advisory Board Conservation Commission regarding Law for deployed military members and certain wastewater and charge an spouses on leave Education assessment for certain costs LB637 (Garrett) Provide for resident Room 1525 - 1:30 p.m. LB581 (Nordquist) Adopt the Nebraska permits under the Game Law for LB526 (Sullivan) Define a term related Clean-burning Motor Fuel Development spouses of military personnel as to teachers’ and administrators’ Act prescribed certificates LB527 (Sullivan) Change provisions Revenue Revenue relating to teachers’ loan programs Room 1524 - 1:30 p.m. Room 1524 - 1:30 p.m. LB525 (Sullivan) Change provisions LB645 (Nordquist) Adopt the Early LB574 (Davis) Adopt the Intangible relating to education Childhood Workforce Development Personal Property Tax Act Opportunity Act and provide tax credits LB466 (B. Harr) Change provisions Tuesday, March 17 LB573 (Davis) Adopt the Health relating to deductions of municipal Appropriations Enterprise Zone Act and provide for tax sales and use tax refunds Room 1524 - 1:30 p.m. credits LB550 (B. Harr) Change provisions Agency 25: Health & Human Services LB591 (Bolz) Create the achieve a relating to the Municipal Equalization Agency 25: Health & Human Services - better life experience program and Fund Developmental Disabilities provide for adjustments to taxable Agency 25: Health & Human Services - income Monday, March 16 Children and Family Services Appropriations Agency 25: Health & Human Services - Thursday, March 12 Room 1524 - 1:30 p.m. Behavioral Health Appropriations Agency 25: Health & Human Services LB381 (Cook) State intent relating to Room 1003 - 1:30 p.m. Agency 25: Health & Human Services - appropriations for housing services LB374 (K. Haar) Direct transfers from Operations LB485 (Stinner) State intent relating to the State Recreation Road Fund Agency 25: Health & Human Services - appropriations for child welfare LB537 (Watermeier) Appropriate funds Medicaid and Long Term Care LB506 (Krist) Increase funding for relating to natural resources Agency 25: Health & Human Services - community-based developmental LB461 (Pansing Brooks) Change Public Health disability providers appropriations for the Nebraska Tree Agency 25: Health & Human Services - Recovery Program Veterans Homes Education Agency 31: Military Dept. LB125 (Nordquist) Create a fund Room 1525 - 1:30 p.m. Agency 29: Dept. of Natural Resources relating to health care homes for the Appointment: Baack, Dennis - Neb. Agency 84: Dept. of Environmental medically underserved Educational Telecommunications Quality LB98 (Bolz) State intent regarding Commission Agency 33: Game and Parks appropriations for tobacco use Appointment: (Hadley), Marilyn - Neb. Commission prevention control Educational Telecommunications LB233 (Howard) Appropriate funds to Commission Judiciary the Department of Health & Human Appointment: Starman, Darlene - Neb. Room 1113 - 1:30 p.m. Services Educational Telecommunications LB281 (Kolowski) Adopt the Child LB332 (Kuehn) Appropriate funds Commission

PAGE 20 • UNICAMERAL UPDATE • 104TH LEGISLATURE March 2 - 6, 2015 Committee Hearings *Current hearing schedules are always available at: nebraskalegislature.gov/calendar Wednesday, March 18 provisions for a child conceived as a of firearms, ammunition, and firearm Appropriations result of sexual assault accessories by cities and villages as Room 1003 - 1:30 p.m. LB463 (B. Harr) Adopt the Technology prescribed Agency 40: Neb. Motor Vehicle Information Management Act LB30 (McCoy) Prohibit disclosure of any Licensing Board applicant or permitholder information Agency 17: Dept. of Aeronautics Natural Resources regarding firearms registration, Agency 27: Dept. of Roads Room 1525 - 1:30 p.m. possession, sale, or use as prescribed LB633 (Stinner) Appropriate funds for Appointment: Allen, Robert - Neb. LB14 (Krist) Create the offense of use state aid to municipalities and counties Game and Parks Commission of a facsimile firearm or nonfunctioning Revenue firearm to commit a felony Health & Human Services Room 1524 - 1:30 p.m. LB603 (Bloomfield) Provide for Room 1510 - 1:30 p.m. LB587 (McCollister) Change the motor processing and certification of federal LB631 (Scheer) Change medicaid vehicle tax schedules firearms forms as prescribed provisions relating to acceptance of LB613 (Kintner) Provide duties for the and assent to federal law Department of Revenue and change Friday, March 20 LB518 (Riepe) Provide for changes to income tax rates and the distribution of Judiciary the medical assistance program sales and use tax revenue Room 1113 - 1:30 p.m. LB548 (Campbell) Adopt the Surgical LB225 (Schnoor) Change provisions Assistant Practice Act Thursday, March 19 relating to unlawful possession of a Appropriations firearm at a school Judiciary Room 1003 - 1:30 p.m. LB340 (Brasch) Provide signage Room 1113 - 1:30 p.m. Agency 7: Governor requirements and duties for the LB422 (Howard) Provide for reasonable Agency 8: Lieutenant Governor Nebraska State Patrol under the fees and costs for proceedings involving Agency 9: Secretary of State Concealed Handgun Permit Act a minor under the Probate Code Agency 10: Auditor of Public Accounts LB635 (Garrett) Change where a LB114 (McCoy) Redefine ambulatory Agency 12: State Treasurer permitholder may carry a concealed surgical center and health clinic under Agency 14: Public Service Commission handgun under the Concealed the Health Care Facility Licensure Act Agency 3: Legislative Council Handgun Permit Act LB187 (Kintner) Require the LB638 (Garrett) Change permit Department of Health & Human Judiciary expiration provisions for members Services and health care facilities to Room 1113 - 1:30 p.m. of the armed forces or their spouses provide information regarding abortion LB136 (Johnson) Prohibit flying lanterns under the Concealed Handgun Permit LB358 (Garrett) Change paternity LB289 (Ebke) Prohibit certain regulation Act g

U.S. Congress contact information

Senator Deb Fischer Congressman Jeff Fortenberry Congressman Adrian Smith United States Senate (District 1) (District 3) 383 Russell Senate Office Building 1514 Longworth House Office Building 2241 Rayburn House Office Building Washington, D.C. 20510 Washington, D.C. 20515 Washington, D.C. 20515 Tel. (202) 224-6551 Tel. (202) 225-4806 Tel. (202) 225-6435

Senator Ben Sasse Congressman Brad Ashford United States Senate (District 2) B40E Dirksen Senate Office Building 107 Cannon House Office Building Washington D.C. 20510 Washington, D.C. 20515 Tel. (202) 224-4224 Tel. (202) 225-4155

104TH LEGISLATURE • UNICAMERAL UPDATE • PAGE 21 March 2 - 6, 2015 2015 Legislative Session*

Sun Mon Tue Wed Thu Fri Sat Sun Mon Tue Wed Thu Fri Sat January February 1 2 3 1 2 3 4 5 6 7 DAY 18 DAY 19 DAY 20 DAY 21 DAY 22 4 5 6 7 8 9 10 8 9 10 11 12 13 14 DAY 1 DAY 2 DAY 3 DAY 23 DAY 24 DAY 25 DAY 26 RECESS 11 12 13 14 15 16 17 15 16 17 18 19 20 21 DAY 4 DAY 5 DAY 6 DAY 7 DAY 8 HOLIDAY DAY 27 DAY 28 DAY 29 DAY 30 18 19 20 21 22 23 24 22 23 24 25 26 27 28 HOLIDAY DAY 9 DAY 10 DAY 11 DAY 12 DAY 31 DAY 32 DAY 33 DAY 34 DAY 35 25 26 27 28 29 30 31 DAY 13 DAY 14 DAY 15 DAY 16 DAY 17

Sun Mon Tue Wed Thu Fri Sat Sun Mon Tue Wed Thu Fri Sat March April 1 2 3 4 5 6 7 1 2 3 4

DAY 36 DAY 37 DAY 38 DAY 39 DAY 40 DAY 56 DAY 57 RECESS 8 9 10 11 12 13 14 5 6 7 8 9 10 11 DAY 41 DAY 42 DAY 43 DAY 44 RECESS RECESS DAY 58 DAY 59 DAY 60 DAY 61 15 16 17 18 19 20 21 12 13 14 15 16 17 18 DAY 45 DAY 46 DAY 47 DAY 48 DAY 49 DAY 62 DAY 63 DAY 64 DAY 65 RECESS 22 23 24 25 26 27 28 19 20 21 22 23 24 25 DAY 50 DAY 51 DAY 52 DAY 53 RECESS DAY 66 DAY 67 DAY 68 DAY 69 HOLIDAY 29 30 31 26 27 28 29 30 DAY 54 DAY 55 RECESS DAY 70 DAY 71 DAY 72 Sun Mon Tue Wed Thu Fri Sat Sun Mon Tue Wed Thu Fri Sat May June 1 2 1 2 3 4 5 6

DAY 73 RECESS RECESS RECESS RECESS DAY 90 3 4 5 6 7 8 9 7 8 9 10 11 12 13 DAY 74 DAY 75 DAY 76 DAY 77 RECESS 10 11 12 13 14 15 16 14 15 16 17 18 19 20 RECESS DAY 78 DAY 79 DAY 80 DAY 81 17 18 19 20 21 22 23 21 22 23 24 25 26 27 DAY 82 DAY 83 DAY 84 DAY 85 RECESS 24 25 26 27 28 29 30 28 29 30 31 HOLIDAY DAY 86 DAY 87 DAY 88 DAY 89

Federal & State Holidays Legislative Recess Days January 19 – Martin Luther King Jr. Day April 24 – Arbor Day February 13 April 3, 6, 17, 27 February 16 – Presidents’ Day May 25 – Memorial Day March 13, 27 May 8, 11, 22 June 1, 2, 3, 4 *The Speaker reserves the right to revise the session calendar

PAGE 22 • UNICAMERAL UPDATE • 104TH LEGISLATURE March 2 - 6, 2015

March 2-6 was Music Education Week at the Capitol. Each day during the noon hour, students from across the state gave musical performances in the Rotunda.

104TH LEGISLATURE • UNICAMERAL UPDATE • PAGE 23 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

March 2-6 was Music Education Week at the Capitol. Each day during the noon hour, students from across the state gave musical performances in the Rotunda.