UNICAMERAL UPDATE Stories published daily at Update.Legislature.ne.gov Vol. 39, Iss. 9 / Feb. 29 - March 3, 2016 Levy funds could Fair wage bill advanced protect Offutt AFB enators advanced a bill March he state would 2 that would expand state wage create a mech- Sdiscrimination protections. T anism to pro- LB83, as origi- vide funds to water nally introduced by management projects Omaha Sen. Tanya at military installa- Cook, would have tions under an amend- provided legal pro- ment considered by tection to employ- the Appropriations ees who want to Committee Feb. 29. voluntarily disclose Sen. Tanya Cook The amendment their wage information. was proposed by Oma- A Business and Labor Committee ha Sen. Heath Mello, amendment, adopted 27-10, replaced who said it would en- the original provisions of the bill with sure that the state is a provision from LB928 originally in- able to successfully troduced by Omaha Sen. Heath Mello. complete the Missouri Currently, employers with at least River levy certifica- 15 employees must provide equal pay tion process. The levy for equal work, without discriminat- project—which has Sen. Heath Mello said the proposed amendment would protect ing based upon an employee’s gender. been mandated by valuable state infrastructure and assets. Small businesses—defined as any busi- the Federal Emergency Management introduced by Syracuse Sen. Dan ness with less than 15 employees—are System—would protect many valuable Watermeier, which would appropriate exempt from this provision. assets in the Omaha metro area, he $15 million in general funds to the As amended, LB83 would re- said, including . Resources Development Fund. move the small business exemption. Mello noted that the base employs As amended, the bill instead would Mello said 45 states currently have more than 10,000 people and that create the Military Installation Infra- some form of wage discrimination failure to complete the levy process structure Program, which would be protection, six of which—including would jeopardize replacement of the administered by the state Department Nebraska—have exemptions based on base’s runway and possibly lead to a of Natural Resources. The program the number of employees. Base Realignment and Closure Com- would be appropriated $13.7 million “Nebraska is the only state that mission hearing on Offutt’s future. in fiscal year 2016-17 to provide grants puts the mark at 15 or more employ- “[The proposed funding] is a very to a political subdivision where a mili- ees, all others have a lower threshold,” critical investment for the economic tary installation is located within or he said. “[This] would not go beyond security of the state of Nebraska,” contiguous to its boundaries. existing federal law when it comes to Mello said. Grants would be provided to equal pay statutes.” The amendment would strike political subdivisions to assist in the Cook supported the amendment, the contents of LB537, originally development and improvement of saying equal pay is an important

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INSIDE: Education collaboration council bill stalls • Bill would allow concealed guns in more locations February 29 - March 3, 2016 Funds could protect Offutt (continued from front page) infrastructure related to the manage- replace the runway and likely would ment of soil and water resources. seek to move the 55th Wing to an- Mello said he intends to offer an other base. additional amendment that would David Brown of the Greater Oma- utilize dollars from the state’s cash ha Chamber of Commerce also sup- reserve rather than general funds. ported the proposal, saying Offutt has John Winkler, general manager an approximately $1.5 billion annual Committee of the Papio-Missouri River Natural impact on the state’s economy. Resources District (NRD), testified in While there is no guarantee that Hearings support of the proposal. The NRD, the Air Combat Command will elect Current hearing schedules the cities of Omaha and Bellevue to replace the base’s runway, they are always available at: nebraskalegislature.gov/calendar and Sarpy County have entered into have allocated $7 million to evaluate a cost-sharing agreement to each pro- the project, he said. Nebraska cannot Tuesday, March 8 vide an additional $3 million for the run the risk of the base closing, Brown Executive Board levy upgrade project, he said, which is added. Room 2102 - 12:00 p.m. LR455 (K. Haar) Provide the Executive estimated to cost $25 million. “It’s a major employer, a major Board of the Legislative Council appoint “We are currently in the permitting economic driver of our economy,” a special committee to examine issues phase of the levy project,” Winkler he said. related to the impacts of climate change said. “We have submitted our plans No opposition testimony was of- on the State of Nebraska to the corps of engineers and they are fered and the committee took no im- g Friday, March 18 reviewing them.” mediate action on the amendment. Transportation & Telecommunications If the state fails to bring the existing Room 1525 - 1:00 p.m. levies—built in the 1970s and 80s—into Appointment: Tagge, Darold - Board compliance with FEMA requirements, of Public Roads Classifications and Winkler said, the runway at Offutt Standards Appointment: Kramer, Lisa - Board AFB would be in an area classified of Public Roads Classifications and as a flood plane. As a result, he said, Standards the U.S. Air Force would not pay to Appointment: Gerrard, LeRoy - Board of Public Roads Classifications and Standards 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 • 104TH LEGISLATURE February 29 - March 3, 2016 Fair wage bill advanced to second round (continued from front page) economic security issue for women and their families. “Despite progress in many areas and as- pects, women still earn less than their male counterparts, even for the same position and same length of service,” she said. “It’s impor- tant we address this unfairness that has nega- tive impacts and consequences for women and families, taxpayers and our overall economy.” Sen. Joni Craighead of Omaha supported the amended bill. She said that despite prog- ress, women continue to earn just 78 cents for every dollar a man earns. “My rent is not 78 percent of what men pay. My loaf of bread does not cost 78 percent of what it does for a man,” she said. “This issue is Sens. Tanya Cook, and Kathy Campbell confer during debate alive and well and we need to deal with it today.” of LB83. Calling the documentation requirements “We have to find a balance between onerous restrictions under the state’s wage discrimination statute overly burden- on businesses and protecting people from discrimination,” some, Sen. Paul Schumacher of Columbus opposed the Schumacher said “I don’t think we need to burden small bill. He said small businesses may not have the resources businesses that would be subject to these requirements.” to meet the requirements of the bill. The bill advanced to select file on a 26-7 vote. g

Former speakers of the Nebraska Legislature visited the Capitol March 2. From left: former Sens. Doug Kristensen, Dennis Baack, current Speaker Galen Hadley, former Sens. Ron Withem, Greg Adams, Mike Flood, Curt Bromm and Kermit Brashear.

104TH LEGISLATURE • UNICAMERAL UPDATE • PAGE 3 February 29 - March 3, 2016

said the council would help the Legis- from the business community, would lature address achievement gaps in the not give business enough of a voice in state’s education system, in which 42 shaping education policy. percent of children are at risk of failing “We’re trying to educate our youth in school, only 39 percent are eligible to become productive members of Bill to create education for higher education aid and 29 percent society, to earn a living,” he said, “and collaboration council stalls of high school graduates leave college to do that I think we need to have A bill intended to increase coordina- before finishing their freshman year. more of an input from business and tion and communication among the Sen. of Bellevue also industry.” state’s public education programs failed supported the bill. She said the coun- The bill failed to advance on a 21- to advance from general file March 1. cil would help the Legislature create 21 vote. Twenty-five votes were needed LB371, introduced by Sen. Kate sound long-term policy and funding for advancement. Sullivan of Cedar Rapids, would cre- decisions that are not influenced by ate the Nebraska senators’ term limits or the changing Council for Educa- of governors’ administrations. tional Success. The “What we’ve seen in a term-limited council would rec- Legislature is that we need more atten- ommend to the Leg- tion paid to having long-range planning Inspector access to child islature ways to help and long-range policy making,” Craw- welfare records advanced students advance ford said. “I think it’s very critical that through the educa- Sen. Kate Sullivan we as a Legislature recognize our role Lawmakers gave first-round ap- tion system from early childhood to in charting a long-term course for the proval to a bill Feb. 11 that would ex- postsecondary school, increase enroll- state in terms of [education] policy.” pedite delivery of confidential records ment in teacher education programs, Sen. Lydia Brasch of Bancroft spoke to the Inspector General of Nebraska align high school and college academic in opposition to the bill. She said the Child Welfare. standards and increase parent involve- proposed council would be too similar A bill passed by the Legislature ment in children’s education. to the existing initiative and that it is in 2015 expanded the jurisdiction of The council would be composed of unclear how the council would improve the inspector general to include the 21 members with experience in educa- the state’s education system. state’s juvenile services division of the tion, government and business, would “I’m not confident that just form- Office of Probation Administration. meet at least once per quarter and ing another group is going to achieve It authorized the inspector general would report annually to the Legisla- a change that we’re looking for,” to access confidential information ture and the governor on its activities. Brasch said. pertinent to investigations, including Sullivan said the council would Sen. Dan Hughes of Venango video testimony from victims of abuse. help the Legislature prioritize its long- spoke against the bill, saying it would LB954, introduced this year by term education policy and funding duplicate the P-16 initiative’s efforts. Omaha Sen. Bob measures, a function similar to that of He said the state Department of Edu- Krist, additionally the executive branch’s P-16 initiative. cation should be responsible for long- would authorize She said the proposed council would term education policy planning and the inspector gen- have a permanence the current initia- anticipating the educational demands eral to submit writ- tive lacks and that it would be subject of Nebraska’s workforce. ten requests for to open meetings and records laws. Sen. Jim Scheer of Norfolk also access to records of “By putting [the council] in statute, spoke against the bill. One of the main juvenile probation Sen. Bob Krist it says that it’s important enough to challenges the state faces, he said, is officers. The bill would require that have that collaboration over time by ensuring that its education system pro- those records be delivered within five these different education entities,” duces students with the skills needed days of a juvenile court order. Sullivan said. to succeed in the workforce. He said Krist said the bill is the result of Sen. of Lincoln made the composition of the proposed coun- six months of negotiations between LB371 her priority bill this session. She cil, which includes only one member the legislative and judicial branches.

PAGE 4 • UNICAMERAL UPDATE • 104TH LEGISLATURE February 29 - March 3, 2016

“If [the Legislature] does not exer- Introduced by Syracuse Sen. Dan “This will allow us to create a broad cise our constitutional requirement, Watermeier, range of interested senators and high- our mandates to legislate, appropriate LB1016 subjects light the need for [new equipment] to and apply oversight to all branches, we the Office of Pro- citizens,” he said. “We need to take a might as well go home,” he said. “For bation Adminis- good hard look at how elections are the most part it’s the oversight of [the tration and the [administered] in this state.” Legislature] that holds government in Office of Public The committee will seek input check. [LB954] is another one of those Guardian to per- from interested stakeholders including very important issues.” formance audits Sen. Dan Watermeier the secretary of state, county election Upon receipt of orders from the ju- by the Legislative Audit Office. The commissioners, individuals with dis- venile court or the Office of Probation office reviews state agency programs abilities and voting rights advocates Administration, the juvenile services to ensure they effectively implement before submitting a final report to the division would grant direct computer the Legislature’s intent. Legislature by Dec. 15, 2016. access to all computerized records The bill passed on a 49-0 vote. Following the adoption of a techni- maintained by the division relevant cal amendment, the resolution passed to a specific case under investigation. Special election committee on a 30-4 vote. Omaha Sen. Heath Mello sup- created ported the bill. Behavioral health task force “Compromise always takes a little Lawmakers approved the creation established bit of time for the two sides to find of a temporary committee Feb. 29 that middle ground on a very difficult is- will analyze the current state of elec- A task force to examine gaps in sue,” Mello said. “[LB954] will protect tion technology in Nebraska. Nebraska’s behavioral and mental legislative prerogative when it comes LR403, introduced by Lincoln health system was approved by sena- to oversight but also protect judicial Sen. , tors Feb. 29. independence.” creates the seven- Syracuse Sen. Dan Watermeier, The bill also directs the inspector member Election introducer of LR413, said the proposal general to immediately notify the Technology Com- resulted from a legislative performance probation administrator of possible mittee to study audit that found a need for additional misconduct by an employee of the the longevity of study regarding the adequacy of the juvenile services division found during technology used by state’s system. an investigation. Pertinent informa- election commis- Sen. Matt Hansen “The report identified several likely tion regarding a potential personnel sioners and county clerks to conduct gaps in the system,” Watermeier said. matter would be provided to the Of- elections as of Jan. 1, 2016. The resolution establishes the fice of Probation Administration. The committee also will study the Task Force on Behavioral and Mental LB954 also directs the juvenile feasibility of updating or replacing Health to monitor the progress of a court to provide confidential record elections technology. statewide needs assessment and the information to the Foster Care Review Hansen said that passage of the development of a strategic plan being Office. 2002 Help America Vote Act required undertaken by the state Department Following adoption of a technical states to ensure equal access to elec- of Health and Human Services divi- amendment, the bill advanced to tions for individuals with disabilities. sion of behavioral health. select file on a 44-0 vote. In response, the Nebraska secretary of Lincoln Sen. Kate Bolz supported state’s office used approximately $15 the resolution, saying the state has Expanded audit authority million in federal funds to purchase been moving toward more communi- approved Automark machines, which are used ty-based rather than institution-based by visually impaired voters. behavioral health strategies since pas- Lawmakers passed a bill March 1 Those machines soon will need sage of LB1083 in 2004. that authorizes the Legislative Audit to be replaced, Hansen said, and the “But, we still have some work to Office to conduct performance audits state must decide who will bear the do in implementing the true vision of two judicial branch offices. replacement cost. established by that piece of legislation

104TH LEGISLATURE • UNICAMERAL UPDATE • PAGE 5 February 29 - March 3, 2016

12 years ago,” she said, adding that the she said. “We’re now sitting at 32nd.” state’s child welfare and correctional Howard, who served as chairperson systems both would benefit from great- of the committee last year, said that er access to behavioral health services. while an investigative committee is LR413 was approved on a 32-0 vote. no longer necessary, continued com- munication is. Water lab changes approved AccessNebraska special “We wanted to maintain one more legislative committee year of legislative oversight,” she said. Lawmakers gave final approval Feb. authorized “We want them to know that we’re still 29 to a bill that makes changes to state watching and we still want those call law relating to the laboratory testing of Lawmakers voted Feb. 29 to au- wait times to go down and the process- drinking water in Nebraska. thorize a special committee of the ing of those applications to speed up.” LB19, sponsored by Omaha Sen. Legislature to provide oversight to a Lincoln Sen. Kate Bolz supported Bob Krist, requires the state Department portion of the state’s public benefit the resolution, saying the public ben- of Health and Hu- delivery system. efits that are accessed through the sys- man Services to LR418, introduced by Omaha Sen. tem are essential to keeping children develop certifica- , cre- and the elderly safe and secure. As a tion standards for ates the ACCESS- result, she said, timely processing of private laborato- Nebraska Over- applications is essential. ries to test drink- sight Committee. “There is still a lot of work to be ing water samples Howard said the done and I don’t think that we are quite provided by public Sen. Bob Krist committee will where we need to be,” Bolz said, adding water systems for all acute toxins. provide oversight that continued oversight could result in The department will develop regu- and ongoing dia- Sen. Sara Howard even more improvement in the system. lations regarding quality assurance logue between the Legislature and Sen. Merv Riepe of Ralston op- and quality control procedures, com- the state Department of Health and posed the resolution. As a member of munication of test results and staffing, Human Services (DHHS) to ensure the previous special investigative com- equipment, procedures and methodol- continued improvement of the system. mittee, Riepe said he disagreed both ogy for conducting laboratory tests. ACCESSNebraska is an online with the findings of the committee’s LB19 passed on a 41-0 vote. and call center system developed and report and the recommendation for implemented by DHHS to determine an oversight committee. public benefit eligibility and deliver “I believe we have to acknowledge Statewide stroke response benefits to clients. where we are today and not wallow in system narrowed, advanced The ACCESSNebraska Special past failures,” he said. Lawmakers narrowed and ad- Investigative Committee of the Legisla- Bellevue Sen. Sue Crawford, also vanced a bill March 2 that would ture was created in 2014 to investigate a member of the special investigative develop a statewide stroke system of an array of problems, including long committee, supported the resolution. care in Nebraska. wait times for callers, lost paperwork Before it dissolved, she said, the previ- Sen. Roy Baker of Lincoln, spon- and high worker turnover. Authoriza- ous committee considered continued sor of LB722, said tion for the committee was extended investigation, an oversight committee Nebraska needs until the beginning of the current or turning oversight back to DHHS. to address the legislative session in January of 2016. “After discussing the pros and cons state’s fragment- Howard said Nebraska ranked first of each of those three directions, it ed care delivery in the nation in processing Supple- was the sense of the [investigative] system for stroke mental Nutrition Assistance Program committee that to move forward with victims, especially benefits prior to changing to the AC- this oversight committee was the ap- given that time is Sen. Roy Baker CESSNebraska system. propriate step to take,” Crawford said. an essential component of stroke care. “Then we switched to a call center Lawmakers voted 26-7 to adopt the “[Prompt care] can save the lives of system and we went down to 51st,” resolution. stroke patients and in some patients can

PAGE 6 • UNICAMERAL UPDATE • 104TH LEGISLATURE February 29 - March 3, 2016 reverse neurological damage,” he said. “If you have ever had a family barber school if the school operates as “You can also save significant dollars by member or a close friend experience a a postsecondary barber college. Haar avoiding long-term care patient costs.” stroke you can understand the impor- said the change is required by the U.S. Baker said stroke is the fifth leading tance of the bill that Sen. Baker has Department of Education. cause of death in Nebraska and one of brought to you,” she said. “This is important because it en- the leading causes of disability. Twelve Baker supported the amendment, ables barber students to be eligible states have adopted comparable legisla- saying it likely would reduce the bill’s for financial aid through federal pro- tion, he said, and 17 are considering fiscal impact to approximately $100,000. grams,” he said. similar proposals. Continuing to take the first steps The bill also would allow the state As introduced, the bill would re- toward a complete statewide system barber board to continue to authorize quire the state Department of Health remains important, he said, because licensed barber schools at the non- and Human Services (DHHS) to com- the level of care that an individual postsecondary level. pile a list of hospitals in the state that has access to varies greatly depending Ken Allen of the Nebraska Board meet the criteria to be a comprehen- on where in the state a stroke occurs. of Barber Examiners testified in sup- sive stroke center, primary care stroke “Not all hospitals in Nebraska are port of the bill, saying it would allow center or acute stroke-ready hospital. equally prepared to deal with stroke vic- the state’s barber college to continue The department would adopt and tims in the same manner,” Baker said. to provide students with financial aid. distribute a nationally recognized, Sen. Merv Riepe of Ralston ex- In addition, he said, authorizing standardized stroke triage assessment pressed concerns about the proposal. licensure at the non-postsecondary tool and develop a plan for achieving Calling the bill’s provisions “needless level would allow the potential for a continuous quality improvement. The duplication,” he said a well-managed barber school within the state’s cor- department also would be required to hospital would have adequate stan- rectional system without requiring maintain a statewide stroke database. dards and transportation plans already federal accreditation. A task force would be established in place. No opposition testimony was of- by DHHS to address matters of triage, “One of the reasons that we have fered and the committee took no treatment and transport of stoke pa- higher health care costs is that we immediate action on the bill. tients. In addition, licensed Emergency keep layering more and more things Medical Service (EMS) providers would on hospitals,” Riepe said. “That just Hair braiding license be required to use a stroke triage tool, becomes burdensome and then we try exemption approved establish triage and transport protocols and figure out how we can possibly and develop training and assessments. afford health care.” Natural hair braiding will be ex- A Health and Human Services Senators voted 29-4 to advance the empt from cosmetology credentialing Committee amendment, adopted 30- bill to select file. requirements under a bill passed by 0, narrowed the bill. The amendment the Legislature March 3. removed the following requirements: Bill would harmonize barber Sponsored by Omaha Sen. Nicole • promulgation of rules and regu- school requirements Fox, LB898 ex- lations by the department; empts an individ- • maintenance of a statewide A bill that would update Nebraska ual engaged solely database; barber laws to align with federal finan- in the practice • EMS assessment and training; cial aid requirements was heard March of natural hair and 2 by the Health and Human Services braiding from the • quality improvement planning. Committee. state’s licensing Lincoln Sen. Kathy Campbell, LB842, intro- requirements. Sen. Nicole Fox chairperson of the committee, said the duced by Malcolm The bill defines natural hair braid- requirements were removed due to cost Sen. Ken Haar, ing as a service of twisting, wrapping, concerns. Campbell said the remaining would require a weaving, extending, locking or braid- requirements would benefit patients high school diplo- ing hair by hand or with mechanical while not placing an undue burden on ma or GED prior devices without the application of hospitals and EMS personnel. to admittance to a Sen. Ken Haar dyes, reactive chemicals, chemical

104TH LEGISLATURE • UNICAMERAL UPDATE • PAGE 7 February 29 - March 3, 2016

joining agents or other preparations to the Uniform Residential Landlord that courts can handle because most alter the color or structure of the hair. and Tenant Act requires landlords schools don’t feel they have the author- The bill passed on a 42-0 vote. to wait 30 days to evict a tenant after ity to handle it,” he said. “[LB710] will notification. reinforce to our young people that this The expedited eviction process behavior is unacceptable and will not applies only in cases where tenants, be tolerated.” roommates or their guests threaten The bill would include in the the health, safety or peaceful enjoy- definition of hazing acts of sexual Expedited disposition of ment of the landlord or other tenants. penetration, exposure of genitals, lewd tenant property approved Activities that can prompt a landlord fondling and caressing of another per- to begin the eviction process include son. A person found to have commit- Lawmakers passed a bill Feb. 29 actual or threatened physical assault, ted an act of hazing would be guilty of that clarifies the authority of landlords illegal use of a firearm or possession a Class II misdemeanor, which carries to dispose of tenants’ property. of a controlled substance. a maximum penalty of six months in LB221, introduced by Omaha Sen. Tenants who report threatening jail, a $1,000 fine or both. Burke Harr, allows behavior to law enforcement or have A Judiciary Committee amend- a tenant to volun- sought a protection or restraining ment, adopted 30-0, would expand the tarily designate a order will not be subject to eviction. hazing definition further to include person to retrieve The bill passed on a 46-0 vote. coercing another person to commit property upon the an act of public indecency. It also tenant’s death. A Hazing ban for all students would add a severability clause, which landlord will have advanced means that if one part of the bill were 10 days following Sen. Burke Harr declared to be unconstitutional, the the death of a tenant to make a reason- Lawmakers gave first-round approv- declaration would not impact the able attempt to contact the designated al March 2 to a bill that would expand remaining parts of the bill. person. The designee will have 20 days the state’s prohibition on hazing. Omaha Sen. Bob Krist supported to respond to the landlord, then 20 Current statute defines hazing as the bill, saying bullying is a problem days to retrieve the property. any activity by which a person inten- that impacts children everywhere. If a tenant’s personal property is tionally or recklessly endangers the “Whether it happens in Scotts- not removed within the appropriate physical or mental health or safety of bluff, Chadron or Omaha, these kinds time period, the landlord may dispose an individual for the purpose of initia- of situations have to be dealt with in of the property and will not be held tion into, admission into, affiliation a way that is moral, legal and timely,” liable for any lost, damaged or stolen with or continued membership with Krist said “We can put tools in the property. Likewise, if the tenant’s any organization. Hazing committed right hands of educators, county at- authorized person does not respond by postsecondary students currently torneys and public defenders and fight within 20 days, the landlord may dis- is prohibited. these kinds of issues at the base level.” pose of the property. LB710, introduced by Venango Sen. Sen. of Omaha also The bill also incorporates provi- Dan Hughes, would spoke in support of the bill. sions of LB385, originally introduced extend that prohibi- “Fostering a positive climate and by Omaha Sen. . tion to include all culture within a school is extremely im- These provi- primary and second- portant,” he said. “We limit ourselves sions permit a ary school students. many times as far as our outreach and landlord or his or Hughes said because what we might do to foster positive her representative most incidents occur behavior with our students when we to begin eviction off campus, many Sen. Dan Hughes hesitate to act out of fear of the legal litigation five days schools are unsure how to address implications to our actions.” after notification hazing. The bill advanced to select file on of the termina- Sen. Brett Lindstrom “It is not our intent to bind schools a 31-0 vote. tion of a rental agreement. Currently, but to make this a criminal penalty

PAGE 8 • UNICAMERAL UPDATE • 104TH LEGISLATURE February 29 - March 3, 2016

Bill would allow concealed percent of sales from liquor, doesn’t Rev. Gretchen Woods of the Unitar- guns in more locations make us more dangerous.” ian Church of Lincoln also opposed the The bill also would enable the bill. She said the potential presence of Public and private entities could state or its political subdivisions to concealed handguns would undermine allow for the concealed carry of hand- publicly auction firearms forfeited or the sanctity of traditional safe havens. guns, regardless of local ordinance, abandoned to the state that are no lon- “[LB769] guts the protections of under a bill heard by the Judiciary ger needed as evidence or for any law our sacred institutions—schools, places Committee March 3. enforcement purpose. The revenue of worship—that serve our most vul- LB769, introduced by Bellevue Sen. generated by the auctions would be nerable people,” she said. “The moral Tommy Garrett, allocated exclusively for aid to schools. and ethical concept of sanctuary is at would allow busi- The National Rifle Association stake here. We should not allow our nesses and other supports the bill generally and the civil laws to decimate our moral laws.” entities to set their public auction provision specifically, The committee took no immediate own policies pertain- said Katie Spohn. action on the bill. ing to gun-free zones “Political subdivisions routinely sell and concealed carry forfeited property to the law-abiding Change to firearm permit permit holders. Gar- Sen. Tommy Garrett public,” she said. “This would limit restrictions proposed rett said a 2014 Purdue Homeland the wasteful practice of destroying Security Institute study showed mass firearms that could be distributed for Mental health boards would use a shooters kill an average of three people sale through authorized dealers.” clear standard of proof to determine per minute, while the average law en- University of Nebraska-Lincoln whether petitioners with a history of forcement response time is 10 minutes. (UNL) Faculty Senate President John mental illness may possess firearms All but two mass shootings in the Bender opposed the bill. under a bill heard by the Judiciary since 1950 have oc- The Faculty Senate voted 45-2 to re- Committee March 3. curred in gun-free zones, Garrett said. ject any proposal to allow the concealed A person who has been released “In society we use laws to promote carry of handguns on the UNL campus, from a mental illness treatment center a just, fair and safe society,” he said. Bender said, because college campuses is disqualified from possessing a firearm “Current law criminalizes Nebraskans’ are not an appropriate place for firearms. or receiving a permit to carry a concealed rights to self and family protection. We “If LB769 were to pass, the question handgun under current law. He or she need to enable law-abiding Nebras- of whether firearms would be allowed may petition a mental health board to kans, not disable them.” on campus would inevitably become a remove those restrictions by providing Entities where concealed carry campaign issue for every candidate for mental health and criminal records as currently is banned would be allowed Board of Regents,” Bender said. “That well as evidence of his or her character. to set their own policies, including would divert their attention and that Under LB815, introduced by government meetings, the Legislature, of the voters from the issues that are Sen. buildings which contain a courtroom, central to the success and welfare of the of Gering, a peti- political rallies, polling places, schools, entire university community.” tioner also would college campuses, hospitals, banks, plac- Marika Stone, an anesthesiologist need to provide es of worship, athletic events and bars. at the University of Nebraska Medical the board clear Rod Moeller, representing the Ne- Center in Omaha, spoke in opposi- and convincing braska Firearms Owners Association, tion to the bill. evidence that he supported the bill. He said it makes no “College life is rife with risk factors or she is not likely Sen. John Stinner sense to authorize concealed carry in like alcohol and drugs. Mixing these to be a danger to public safety and that some locations but not others. with firearms can add an element of removing the restriction would not be “Concealed handgun permit hold- danger to an already insecure time in contrary to the public interest. ers are some of the most law-abiding a child’s life,” Stone said. “We want to Stinner said mental health boards folks you’re going to find,” he said. keep our children safe but the solution require clear and convincing evidence “Just because [permit holders] cross does not lie in adding more guns in when determining whether a person into an establishment that has 58 sensitive areas.” is mentally ill or dangerous. The same

104TH LEGISLATURE • UNICAMERAL UPDATE • PAGE 9 February 29 - March 3, 2016 standard of proof should apply to hear- low-level felonies and misdemeanors. Bill would prevent sale of fetal ings in which a person asks a mental LB919, introduced by Omaha tissue health board to remove restrictions Sen. Matt Williams, would allow that prevent him or her from owning new categories of Members of the Judiciary Commit- firearms or applying for a concealed problem-solving tee heard testimony March 2 on a bill carry permit, he said. courts to address that would prohibit the sale of fetal Tom Perkins, a member of the problems related tissue for profit. 12th Judicial District Board of Mental to veterans, mental LB990, intro- Health, spoke in support of the bill, health, driving un- duced by Hyan- saying that it would provide clear guid- der the influence nis Sen. Al Davis, ance to state mental health boards on and reentry. Sen. Matt Williams would make unlaw- the standard of proof required to re- Williams said problem-solving ful the acquisition, move a petitioner’s disqualifications to courts not only save taxpayers’ money receipt or transfer own a firearm. He said each board cur- but also provide better outcomes for of human fetal tis- rently sets its own policy on the level nonviolent offenders. sue for profit. Sen. Al Davis of proof required, which could lead to “Rather than take these low-level of- Disposal of human remains by au- inconsistent rulings that adversely af- fenders and put them in prison, we have thorized abortion providers would be fect a petitioner’s constitutional rights the ability to take them through a pro- limited to burial, cremation or approved and public safety. cess that works out very well,” he said. hospital-type incineration. Abortion “The board of mental health does “These courts work, cost less money and providers would be required to submit have a great responsibility balancing [offenders] have a much better chance of to the state a monthly report detailing the needs and the rights of the subject returning to a normal, productive life.” the treatment of each aborted fetus. with the needs and rights of the com- Sen. Bob Krist of Omaha spoke in Davis said Gov. ordered munity to be safe,” he said. support of LB919. He said problem- an investigation into the alleged sale of Rod Moeller, speaking on behalf solving courts help certain popula- human fetal tissue in November 2015 of the Nebraska Firearms Owners tions like veterans to help themselves. after several sting videos surfaced pur- Association, also testified in support “We have a group of people who porting to show evidence of the practice. of the bill. He said any appeals pro- come back from service and find The investigation results showed no cess for restoring a person’s firearms themselves with PTSD or any number such sales had occurred in Nebraska. should require a clear and consistent of issues at a point where their life is “The [state Department of Health standard of proof. out of control,” Krist said. “Besides and Human Services] did not find evi- No one spoke in opposition to the the fact that [problem-solving courts] dence of [sales],” he said, “but [LB990] bill and the committee took no im- are saving us money, they’re helping would make certain the practice would mediate action on it. return veterans to [stability].” not happen in Nebraska and if it did we Crete Sen. Laura Ebke also sup- would have the law in place to stop it.” Expansion of problem-solving ported the bill. She said observing a Patrick Borchers of Omaha spoke courts advanced problem-solving court helped her to in favor of the bill, saying it would not see just how beneficial the program is impede medical research of human Problem-solving courts could be to everyone involved. fetal tissue. used in more cases under a bill ad- “As a whole, it seems to me that “[The bill] does not prevent the vanced by lawmakers March 1. these problem-solving courts are better transfer of tissue for purposes of re- Problem-solving court programs for the offenders who are then held ac- search as long as the reimbursement is accommodate offenders already in the countable, it’s better for taxpayers who limited to reasonable costs,” Borchers criminal justice system who have spe- will be saved from paying for extended said. “It may well be that this practice cific problems—including drug abuse incarceration and it’s better for society is not going on in Nebraska. This is and domestic violence—that cannot be in the long run,” Ebke said. just a proactive effort to ensure that addressed adequately in a traditional Following the adoption of a techni- there is no sale for profit.” court setting. These programs are cal amendment, the bill advanced to Meg Mikolajczyk, representing used only for offenders committing select file on a 35-0 vote. Planned Parenthood, opposed the

PAGE 10 • UNICAMERAL UPDATE • 104TH LEGISLATURE February 29 - March 3, 2016 bill. She said the bill’s limitations on Sen. , provide the county board of a county disposal of an aborted human fetus increases the current in which the municipalities’ ETJ is would in fact prevent tissue donation 40-foot limit for an located with written notice of—and for medical research. articulated bus oper- the opportunity to comment on— “This bill is a knee-jerk reaction to ated by a transit au- proposed zoning ordinance changes fraudulently edited videos as an attack thority to 65 feet. The within the ETJ. against Planned Parenthood and repro- bill will allow Omaha A municipality may make its final ductive health care,” she said. “[Human to adopt a rapid tran- Sen. Curt Friesen decision on proposed changes within fetal tissue] has been instrumental in sit system beginning in fall 2018. an ETJ either 30 days following notice developing cures for viruses that affect The bill passed on a 48-0 vote. given to the county or when a county only human cells. The direct impact [of board submits comments or recom- LB990] is to rob those diagnosed with Certain county-numbered mendations to the city prior to the disease from being able to find a cure.” license plates eliminated expiration of the 30 days. The committee took no immediate The bill does not apply to cities action on the bill. Some Nebraska counties will have or villages located in a county with a different license plate numbers under a population greater than 100,000 or bill passed by the Legislature March 3. counties in which the city and county Currently, farm truck and trailer reg- have a joint planning commission or istrations in counties with populations joint planning department. over 100,000 display county-numbered The bill passed on a 46-0 vote. license plates. These include Douglas, Certain vehicles approved for Lancaster and Sarpy counties. Voter approval required for single license plates Under LB811, introduced by Ban- some city refinancing croft Sen. Lydia Owners of certain vehicles will Brasch, these vehi- Lawmakers passed a bill Feb. 29 need only one license plate under a cles instead will use that changes voter approval require- bill passed by the Legislature Feb. 29. the alphanumeric ments for a first-class city to borrow LB53, introduced system otherwise funds for parks and recreation public by Norfolk Sen. Jim used in those coun- improvements. Scheer, exempts from ties, which displays LB378, sponsored by North Platte the state’s two license three letters fol- Sen. Lydia Brasch Sen. , plate requirement lowed by three numbers. requires that the owners of cars not The bill passed on a 47-0 vote. specific type of se- manufactured to curity pledged to be equipped with a Sen. Jim Scheer secure financing front license plate bracket. be noted on the Eligible vehicle owners will be is- initial ballot. In sued a decal to be displayed on the addition, any refi- Sen. Mike Groene lower left corner of the vehicle’s front nance proposal to change the type of windshield. An annual $100 fee will Zoning ordinance changes security from revenue bonds to general be charged for the decal. adopted obligation bonds must be subject to a The bill passed on a 44-0 vote. vote of the people. A bill passed Feb. 29 will require Senators voted 47-0 to pass the some municipalities to provide notifica- Longer public transit buses bill. g allowed tion to a county board before changing zoning ordinances within their extrater- Public transit systems can carry ad- ritorial zoning jurisdiction (ETJ). ditional riders under a bill passed by Under LB295, sponsored by Nor- lawmakers March 3. folk Sen. Jim Scheer, a first- or second- LB735, introduced by Henderson class city or village will be required to

104TH LEGISLATURE • UNICAMERAL UPDATE • PAGE 11 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

During Music Education Week, students from across the state perform in the Capitol Rotunda at noon.