UNICAMERAL UPDATE News published daily at Update.Legislature.ne.gov Vol. 43, Issue 15 / Aug. 11 - 13, 2020 Legislature adjourns sine die, six senators depart he second session of the 106th Legislature T adjourned sine die Aug. 13, the 60th legislative day of a session interrupted by the coronavirus pandemic. In his remarks, Gov. congratulated law- makers on passing tax leg- islation that he called “gen- erational in its scope” and thanked them for remain- ing focused on legislative priorities during the “most trying and difficult of circum- stances.” Speaker of Nor- folk suspended the session in mid-March in response to growing safety concerns Speaker Jim Scheer, one of six-term limited senators leaving the Legislature, addresses lawmakers on the final day of session. regarding the coronavirus pandemic. After calling senators back proving emergency funding to combat 285 bills this session, including into session for three days in late the pandemic, he again suspended measures to expand access to broad- March for the limited purpose of ap- the session. band Internet in rural areas, improve Senators reconvened oversight of the state’s Youth Reha- July 20 and finished bilitation and Treatment Centers and the final 17 days of provide a tax exclusion for military session in a changed retirement benefit pay. physical environment “We have accomplished a lot in this in which plastic barriers session whether we realize it or not,” and physical distancing Scheer said. guidelines limited con- Scheer also thanked senators for tact between senators, electing him speaker four years ago, staff members, the me- saying that he had done his best to dia and the lobby. uphold his pledge to be fair and Scheer said the consistent. completion of the ses- “It has been my honor to serve you sion illustrates Nebras- and my constituents in this body and kans’—and the Unicam- to serve as your speaker,” he said. eral’s—ability to weather Scheer is among six senators who adversity. are leaving the Legislature due to term He congratulated limits. The others are Lincoln Sen. Gov. Pete Ricketts thanked senators for their service to the state. lawmakers on passing (continued page 2)

INSIDE: Tax package clears final round • Land bank options expanded • Military retirement tax break passed August 11 - 13, 2020 Legislature adjourns sine die, six senators depart (continued from front page) , Omaha Sen. Ernie Cham- bers, Bellevue Sen. , Omaha Sen. and Omaha Sen. . Chambers, whose legislative career will stand as the longest in state his- tory, was first elected to the Legislature in 1970. He left office in 2008 due to term limits but returned in 2012. His many legislative achievements include twice gaining passage of bills to repeal the state’s death penalty and securing district elections for the Omaha City Council, Douglas Coun- ty Board and Omaha school board to encourage minority representation. In a farewell tribute Aug. 12, Lin- coln Sen. called him “a giant among us.” “His entire 46-year mission has been for the least, the last and the lost,” she said. “He was always con- cerned about—and is always concerned about—those who cannot speak for themselves.” The first session of the 107th Leg- islature is scheduled to convene Jan. 6, 2021. n Sen. , who chose not to deliver a farewell address, leaves the Legislature after 46 years of service.

UNICAMERAL UPDATE

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PAGE 2 • UNICAMERAL UPDATE • 106TH LEGISLATURE August 11 - 13, 2020

“ I implore you to serve something bigger than your political party or your own point of view. Serve justice; serve fairness; serve compassion; serve your neighbor. Whatever it is, make it your north star.” — Sen. Kate Bolz

“ Remember the awesome privilege and re- sponsibility that you have to serve the state.” — Sen. Sue Crawford

“ Every time that I thought my experience here broke me, it always turned out to have made me stronger, more thoughtful and more effective.” — Sen. Sara Howard

“ Quality education is my major goal ... thank you for the education you have given me.” — Sen. Rick Kolowski

“ We have to learn that we respect each other, we [can] work with each other and that we have the ability—together—to do marvelous, marvel- ous things.” — Sen. Jim Scheer

106TH LEGISLATURE • UNICAMERAL UPDATE • PAGE 3 August 11 - 13, 2020

governing condominium asso- sponders with opportunities to receive ciations, including reducing the resilience training to help prevent or time allowed to recover damages mitigate the effects of post-traumatic from alleged deficiency in the stress disorder. design or construction of a con- The bill allows first responders to Omnibus banking bill passed dominium; establish a presumptive case of PTSD • LB902, introduced by Sen. Patty from cumulative injury or stress Senators passed a bill Aug. 11 that Pansing caused by conditions of employment makes a number of changes to state Brooks of as a personal injury for workers’ com- banking laws. Lincoln, pensation purposes. LB808, introduced by Sen. An- which To establish such a case, the first drew La Grone modern- responder must show that he or she: of Gretna, enacts ize and underwent a mental health examina- new sections in the reform tion before the onset of the mental Nebraska Model the terms Sen. Patty Pansing Brooks injury or illness, obtained testimony Business Corpora- of an irrevocable trust; from a qualifying mental health tion Act related to • LB929, introduced by Lind- professional attesting that he or she defective corporate strom, which exempt from the suffers from a mental injury or illness actions. Sen. Nebraska Real Estate License and participated in resilience training The measure contains provisions Act an unlicensed person who prior to the onset of the mental injury of six additional bills: provides a list of potential pur- or illness and annually thereafter. • LB775, introduced by Sen. Matt chases to a broker or real estate The state Department of Health Williams of salesperson; and and Human Services will reimburse Gothen- • LB1123, also introduced by first responders for resilience training burg, which Lindstrom, which expand the if their employers do not. make sev- definition of security to include Under the bill, only state-licensed, eral techni- student loans under the Public independent practicing physicians, cal changes Funds Deposit Security Act. psychologists and mental health prac- to the Ne- LB808 passed on a 47-0 vote and titioners are qualified to render an braska Real Sen. Matt Williams takes effect immediately. official PTSD diagnosis. Property Appraiser Act; The opportunities provided by • LB782, introduced by Gering Sen. LB963 will end on Jan. 1, 2028. , Provisions of LB448, originally in- which allow troduced by Oma- students ha Sen. Mike Mc- within 120 Donnell, increase days of com- Resilience training; PTSD burial benefits for pleting an injury claims approved for first work-related inju- accounting responders ries or illnesses to degree to take Sen. John Stinner $11,000. Begin- test sections of the certified pub- Senators passed a bill Aug. 11 to ning in 2023, the Sen. Mike McDonnell lic accoun- address the mental cap will be adjusted by a maximum of tant exam; health strain experi- 2.75 percent per year. • LB767, in- enced by emergen- The bill passed on a 45-0 vote. troduced by cy first responders. Omaha Sen. LB963, spon- Hair discrimination ban approved Brett Lind- sored by Gordon strom, which Sen. , A bill that extends employment change laws Sen. provides first re- Sen. Tom Brewer discrimination protections was passed

PAGE 4 • UNICAMERAL UPDATE • 106TH LEGISLATURE August 11 - 13, 2020 by the Legislature Aug. 11. grade-appropriate credits earned by Language assessment program LB1060, introduced by Omaha Sen. the student during the expulsion from for deaf children approved Machaela Cava- certain accredited institutions. naugh, clarifies Among other changes, the bill also Senators approved a bill Aug. 11 that existing pro- creates and modifies several proce- that requires special language assess- tections against dures for student discipline hearings. ments for children who are deaf or racially based Under LB515, a student or the stu- hard of hearing. employment dent’s parent or guardian may request LB965, introduced by Omaha Sen. discrimination the designation of a hearing examiner Mike McDonnell, requires the state include hair tex- Sen. other than the hearing examiner rec- Department of Education, in collabo- ture and protective hairstyles, including ommended by the superintendent. ration with the Nebraska Commission braids, locks and twists. The bill requires school boards to pay for the Deaf and Hard of Hearing, to Senators passed the bill on a 27-12 the expenses and fees of any hearing establish and coordinate a language vote. Twenty-five votes were needed. examiner. assessment program for children who The bill passed on a vote of 26-7. are deaf or hard of hearing. Twenty-five votes were necessary. The program will assess, monitor and track the language developmen- Campus sexual harassment tal milestones of those children from reporting required birth through age five. Student Discipline Act updated Under the proposal, language assess- Public colleges and universities ments will be given as needed to each Lawmakers passed a bill Aug. 13 in Nebraska must submit a biennial child under 6 who is deaf or hard of hear- that makes several changes to provi- report on sexual harassment and Title ing in compliance with the state Special sions in the Student Discipline Act IX compliance to the Legislature un- Education Act and the federal Individu- related to suspension, expulsion and der a bill passed by lawmakers Aug. 12. als with Disabilities Education Act. mandatory reassignment. Under LB534, introduced by The bill requires the department LB515, introduced by Omaha Omaha Sen. Machaela Cavanaugh, and the commission to publish a joint Sen. , each Nebraska public postsecondary annual report specific to language and requires that a educational institution must submit literacy developmental milestones of student be given the report to the Clerk of the Legisla- children who are deaf or hard of hear- an opportunity to ture and the Education Committee on ing relative to their peers who are not complete any class- or before Sept. 15 of odd-numbered deaf or hard of hearing. The depart- work and home- years, beginning in 2021. ment and commission will publish the work missed dur- Among other information, the report on their respective websites and ing a suspension, Sen. Tony Vargas report will include the results of submit it to the Legislature. including examinations. It requires any campus climate survey related The commission will appoint a school districts to develop and adopt to sexual harassment, sexual harass- 14-member committee to advise it on guidelines for doing so. ment training provided to Title IX all aspects of the language assessment The bill clarifies the time frame personnel and information on where program. On or before July 1, 2022, during which a principal must send students and employees may receive the committee will develop specific ac- a written statement to a suspended emergency assistance to address in- tion plans and make recommendations student—and his or her parent or stances of sexual harassment. necessary to imple- guardian—describing the student’s The bill also requires the commit- ment the program. conduct, misconduct or violation of tee to hold a public hearing to review The bill in- the rule or standard and the reasons each report, beginning on or before cludes provisions for the action taken. Dec. 15, 2021. of LB839, spon- It also requires school districts to re- Senators voted 41-1 to pass LB534. sored by Lincoln instate a student when their expulsion Sen. Anna Wis- has ended and accept non-duplicative, hart. Under those Sen.

106TH LEGISLATURE • UNICAMERAL UPDATE • PAGE 5 August 11 - 13, 2020 provisions, the Legislature declares students who completed a FAFSA or LB980, introduced by Plymouth Sen. that Nebraska recognizes American submitted the required waiver to the Tom Brandt, that Sign Language as a separate and dis- school district or governing authority extend a special tinct language. for the high school and to the state permit to conduct They also allow the department Department of Education. a lottery or raffle to provide for the teaching of ASL in The bill requires the commissioner under the Nebras- schools. If a school offers a course in to submit a report with that informa- ka Lottery and ASL, it must be offered to all students tion to the Legislature, beginning Dec. Raffle Act from and may be used for world language 31, 2022. It also requires the commis- three months to Sen. Tom Brandt credits. sioner to create and adopt the waiver one year. The provisions also allow Similarly, any postsecondary in- form to be used by each public high raffle tickets to be sold online and to stitution may offer an elective course school. be purchased with a debit card. in ASL, and any credits earned may LB1089 passed on a vote of 29-12. LB1056 passed 47-0 and takes ef- be used for world language credits if fect immediately. recognized as such by the institution. LB965 passed on a vote of 48-0. Smoking age raised

FAFSA requirement approved Lawmakers raised Nebraska’s smok- ing age Aug. 11. Nebraska students must submit a Bill to reduce special LB1064, introduced by Sen. Tom federal college financial aid applica- designated licenses passed Briese of Albion, tion before they graduate from high raises the legal school under a bill passed by lawmak- Certain alcohol vendors may age to use and ers Aug. 13. expand their operations temporarily purchase tobacco, Introduced by Omaha Sen. Tony without obtaining a special designated cigarettes, cigars, Vargas, LB1089 re- license under a bill passed Aug. 11. electronic nicotine quires each public LB1056, introduced by Kearney delivery systems or high school stu- Sen. John Lowe, alternative nico- Sen. dent to complete allows farm winer- tine products from 19 to 21. and submit a Free ies, craft breweries, The bill also raises the minimum Application for micro-distilleries, age to enter a tobacco specialty store Federal Student bottle clubs or en- from 19 to 21, but allows employees Aid before gradu- Sen. Tony Vargas tities with a retail who are 19 or 20 to work in tobacco ating, beginning with the 2021-22 liquor license to specialty shops until Jan. 1, 2022. school year. expand their li- Sen. John Lowe In addition, provisions of Bellevue A student’s parent or legal guard- censed premises temporarily to a Sen. Sue Crawford’s LB322 that were ian, or the person standing in loco street, parking lot or alley that is im- amended into parentis to the student, may submit mediately adjacent to their licensed LB1064 allow in- a signed form indicating that they location upon approval by the appro- dividuals between authorize the student to decline to priate local governing body. ages 15 and 20 to complete and submit a FAFSA. A A temporary area must be enclosed assist law enforce- student who is 19 or older or is an by a fence or other means, have easily ment in compli- emancipated minor may sign and identifiable entrances and exits and ance checks of submit the waiver. meet all sanitation requirements for tobacco vendors Sen. Sue Crawford A principal or the principal’s des- a premises with a liquor license. Au- with written consent of a parent or ignee also may authorize a student to thorized temporary expansions cannot legal guardian. decline for good cause. exceed 50 days in 2020 and 15 days LB1064 passed 48-0 and takes ef- LB1089 requires the principal or per year starting in 2021. fect immediately. a designee to provide the number of The bill also contains provisions of

PAGE 6 • UNICAMERAL UPDATE • 106TH LEGISLATURE August 11 - 13, 2020

African American commission or nitrous oxide. created The bill also allows the state Depart- ment of Health and Human Services Lawmakers passed a bill Aug. 11 to authorize licensed hygienists to pre- that creates a state Commission on scribe mouth rinses and fluoride prod- New combined state holiday African American Affairs. ucts to decrease tooth decay and make established Under LB918, introduced by Omaha minor denture adjustments, upon Sen. Justin Wayne, completion of education and testing. The second Monday in October the commission DHHS is required to evaluate an- will be celebrated as Indigenous will promote state nually the delivery of dental hygiene Peoples’ Day and Columbus Day in and federal legisla- services in Nebraska and report to the Nebraska under a bill passed Aug. 11. tion beneficial to Legislature beginning in 2021. LB848, in- African Americans Senators passed LB312 on a 47-0 vote. troduced by in Nebraska, work Lincoln Sen. with similar com- Sen. Justin Wayne Medicaid buy-in program Patty Pansing missions from other states and coor- changes approved Brooks, adds dinate housing, education, welfare, Indigenous medical and dental care, employment Lawmakers passed a bill Aug. 12 Peoples’ Day to and other programs affecting African that makes changes to a program the established Sen. Patty Pansing Brooks Americans in Nebraska. meant to help individuals with dis- Columbus Day holiday. The 14 commissioners, who must abilities maintain employment while The bill includes provisions of be of African ancestry, will be ap- retaining Medicaid coverage. Pansing Brooks’ LB849, which extend pointed by the governor and serve LB323, introduced last session by eligibility for the Bridge to Indepen- four-year terms. Bellevue Sen. Sue Crawford, updates dence Program to Native American LB918 passed on a 39-2 vote. eligibility standards for Nebraska’s youth who have reached the age of Medicaid Insurance for Workers majority under tribal law. with Disabilities program—commonly LB848 also includes provisions of referred to as the Medicaid buy-in pro- Gordon Sen. Tom Brewer’s LB937. gram—from federal Balanced Budget The provisions re- Act standards to more recent federal quire the display Ticket to Work and Work Incentives of flags of Nebras- Improvement Act standards. ka’s four federally Dental hygienist changes The bill also lowers the premium recognized Native approved cap from 10 to 7.5 percent. American tribes— LB323 passed on a 46-0 vote. the Omaha, Pon- A bill to address the shortage of ca, Santee Sioux Sen. Tom Brewer dental providers in rural Nebraska Human trafficking bill approved and Winnebago—in the ceremonial passed Aug. 12. Warner Chamber of the State Capitol. LB312, introduced by Blair Sen. Lawmakers passed a bill Aug. 12 Flags of any tribe with historic and Ben Hansen, au- intended to assist victims of human regional connections to Nebraska will thorizes licensed trafficking. be displayed in the Memorial Cham- dental hygienists LB518, as origi- ber on the Capitol’s 14th floor. to perform all au- nally introduced Lawmakers passed LB848 on a thorized functions by Elkhorn Sen. 35-10 vote. within their scope , of practice in a would have adopt- public health set- Sen. Ben Hansen ed the Support for ting except periodontal scaling, root Trafficking Survi- Sen. Lou Ann Linehan planing and administrating anesthesia vors Act. Those provisions were re-

106TH LEGISLATURE • UNICAMERAL UPDATE • PAGE 7 August 11 - 13, 2020

moved, leaving pro- without adding to the nail—to • LB772, introduced by Sen. Matt visions of Bellevue the definition of manicuring; Williams of Gothenburg, which Sen. ’s and remove re- LB745, which out- • allows the Board of Cosmetol- strictions on line procedures for ogy, Electrology, Esthetics, Nail physician certification of im- Technology and Body Art to assistants migration visas by administer licensing exams in regarding local law enforce- Sen. Carol Blood multiple languages. the details ment in Nebraska. The bill passed on a 31-10 vote. of their col- The bill requires Nebraska law laborative Sen. Matt Williams enforcement agencies to certify a Omnibus health licensure bill agreement and their ability to form—within 90 days of when it is passed work in a hospital and prescribe requested—for two types of immigra- medication, including allowing tion visas that are set aside for victims A bill that makes numerous chang- a physician assistant to serve of certain crimes. es to state health licensure require- under several specialists who A “T” visa is for victims of human ments passed Aug. 11. may work at the same practice trafficking and a “U” visa is for victims LB755, introduced by Sen. Carol rather than solely under a single of specific crimes who have suffered Blood of Bellevue, requires barbers physician; abuse and who are helpful to law who work at a client’s home to ob- • LB811, introduced by Sen. John enforcement in the investigation and tain a permit from the state Board of McCollister of Omaha, which prosecution of criminal activity. Barber Examiners. The bill also al- amend the LB518 passed on a 47-0 vote. lows nail technicians to offer in-home Parkinson’s services. Disease Reg- Body art, nail technology The bill includes provisions of istry Act and changes adopted Blood’s LB752 that require the state require that Department of Health and Human a patient’s Several changes to state law regulat- Services and the Nebraska Depart- date of birth ing nail technology and tattoo artists ment of Veterans Affairs to encourage rather than Sen. John McCollister were approved Aug. 13. their service providers and state and Social Security number be LB607, intro- local agencies to ask applicants if they included in a pharmacist’s semi- duced by Sen. or their family members have served annual report to DHHS; in the military. • LB825, introduced by Hilke- of Seward: LB755 also includes provisions of mann, which add Spinal Mus- • creates a the following bills: cular Atrophy to the list of three-day li- • LB37, introduced by Sen. Rob- 32 required screenings for all cense for a ert Hilkemann of Omaha, which infants born in Nebraska; and “guest body Sen. Mark Kolterman amend the • LB834, introduced by La Vista artist” enabling him or her to Podiatry Sen. John Arch, which allow work at a licensed tattoo estab- Practice architecture lishment or under a licensed Act to al- candidates body artist; low a phy- to begin • creates the position of nail tech- sician’s as- taking their nology apprentice and allows sistant to professional an apprentice to work under a perform Sen. licensure licensed nail technologist; services that are delegated by exam as they • updates the definition of cos- and provided under the super- are complet- Sen. John Arch metic tattooing; vision of a podiatrist and are ing their education and experi- • adds “natural nail” treatment— within the podiatrist’s scope of ence requirements, and allow work done on a person’s nails practice; engineers to take one of their

PAGE 8 • UNICAMERAL UPDATE • 106TH LEGISLATURE August 11 - 13, 2020

two exams prior to completing by La Vista Sen. John Arch, by Blair Sen. Ben Hansen, make four years of post-accredited which require the state Depart- several changes to state law governing degree experience. ment of Health and Human receiverships of health care facilities, Lawmakers passed LB755 on a Services to set standards for including reducing from 12 months 47-0 vote. juvenile inpatient psychiatric to six the time allowed to terminate a units and psychiatric residen- receivership and requiring the closure EMS changes approved tial treatment facilities. Staff or sale of a health care facility within must be at least 20 years old, 60 days of a court order. Lawmakers passed a bill Aug. 11 or at least two years older than Senators passed LB1053 on a 48-0 that makes changes to emergency the oldest resident in the facil- vote. medical service provision in Nebraska. ity or unit, have a high school LB1002, sponsored by Brainard diploma or equivalent and be Sen. Bruce Bostel- trained appropriately. man, allows the Finally, under the bill, licensed restocking of pre- practical nurses are no longer exempt scription drugs by from Emergency Medical Services Increased transparency a hospital for an Practice Act licensing requirements. for death penalty process emergency medi- LB1002 passed on a 47-0 vote and amended, approved cal service if EMS takes effect immediately. transports a pa- Sen. Lawmakers passed a bill Aug. 13 tient to the hospital and the drugs Medicaid rate methodology to increase transparency in the state’s were used for the patient prior to or clarified execution protocol. during transportation. LB238, introduced by Lincoln Sen. The measure includes provisions A bill that requires the state Depart- Patty Pansing Brooks, requires the from three additional bills: ment of Health and Human Services state Department of Correctional Ser- • LB893, also introduced by to keep its Medicaid reimbursement vices to allow all Bostelman, which add com- rate methodology within its existing execution wit- munity care paramedic and rules and regulations process passed nesses to view critical care paramedic practices Aug. 11. the process con- as EMS providers and direct LB1053, introduced by the Health tinually from the state Board of Emergency and Human Services Committee, the moment the Services to provide education clarifies that any change to the meth- inmate enters and licensure requirements for odology is considered substantive and the execution Sen. Patty Pansing Brooks the classifications; requires rule and regulation-making chamber until the moment he or she • LB1044, originally introduced proceedings under the Administrative is pronounced dead, without any im- by Blair Sen. Procedure Act. pediment to their line of sight. Ben Han- LB1053 includes provisions of two Additionally, it allows any person sen, which additional bills. LB833, introduced by performing an execution to wear a clarify that Sen. Sue Crawford mask or otherwise conceal their per- only con- of Bellevue, allows sonal identity. sultation Programs of All- During select file debate Aug. 11, with—and Inclusive Care for Pansing Brooks offered an amend- not the ap- Sen. Ben Hansen the Elderly (PACE) ment, adopted 36-0, that removed a proval of—a licensed physician is facilities that meet requirement in the original bill that required for a licensed medical DHHS licensure two members of the Legislature be nutritionist to order patient requirements to Sen. Sue Crawford present at each execution. diets under the Medical Nutri- operate multiple centers under one The bill passed on a 27-10 vote. tion Therapy Practice Act; and license. • LB1184, originally introduced Provisions of LB1043, sponsored

106TH LEGISLATURE • UNICAMERAL UPDATE • PAGE 9 August 11 - 13, 2020

Abortion procedure banned tem was passed by lawmakers Aug. 13. Venango Sen. Dan Hughes, requires after cloture vote Under LB1004, sponsored by the state Game Omaha Sen. , a com- and Parks Com- Lawmakers passed a bill Aug. 13 mitted offender mission to issue that bans a specific abortion method automatically is up to four limited in Nebraska. eligible for parole permits to hunt LB814, introduced by Lincoln Sen. within two years deer during the , bans of their mandatory Saturday through “dismemberment” discharge date, un- Monday preceding Sen. Dan Hughes abortion—known less they are eli- the opening day of firearm deer hunt- medically as dilation gible for parole at Sen. Steve Lathrop ing season to qualifying landowners and evacuation—ex- an earlier date. and their designated immediate family cept in emergency The director of the division of members. situations. parole supervision will establish The $5 permits will be in addition The bill defines Sen. Suzanne Geist caseload standards for parole service to any limited permit to hunt deer a dismemberment abortion as a pro- and provide annual caseload reports issued to a qualifying landowner. Of cedure in which a person purposely to the Legislature beginning in Janu- the four permits that may be issued, dismembers and extracts a living fetus ary 2021. no more than two may be issued to from the uterus using clamps, forceps The parole provisions contained individuals younger than 19, and no or similar instruments. It does not ap- within LB1004 will not apply retro- more than two may be issued to those ply to an abortion in which suction is actively. who are 19 or older. used to dismember a fetus, or removal The bill includes provisions of For a Nebraska resident landowner, of a fetus that already is dead. LB1036, originally introduced by Lin- the number of permits issued may not LB814 also allows for professional coln Sen. , that change exceed the total acreage of the farm or injunctions and civil action against the age of consent ranch divided by 80. For a nonresident any abortion provider found to be in for health care de- landowner, the number of permits is- violation of the bill’s provisions. cisions from 19 to sued may not exceed the total acreage The intentional and knowing per- 18. It also allows of the farm or ranch divided by 320. formance of the procedure—unless a person under LB126 passed on a vote of 30-7. performed due to a medical emer- 19 who is in the gency—is a Class IV felony, punishable custody of the cor- Natural resources omnibus bill by up to two years imprisonment with rectional system to Sen. Adam Morfeld approved 12 months post-release supervision, a consent to medical and mental health $10,000 fine or both. care decisions. Senators passed a bill Aug. 13 that Omaha Sen. offered Lawmakers passed LB1004 on a contains provisions of several propos- a motion on final reading to bracket 29-11 vote. als related to natural resources. the bill. After approximately an hour LB632, introduced by Sen. Dan of discussion, Geist offered a motion Hughes of Venango, includes the provi- to invoke cloture, which ends debate. sions of four bills heard by the Natural Lawmakers voted 33-8 to invoke clo- Resources Committee this session. ture. Thirty-three votes were needed. The provisions Senators then rejected the bracket Early deer hunting permits of LB769, intro- motion 8-29 and passed LB814 on a approved duced by Creigh- 33-8 vote. ton Sen. Tim Certain landowners may apply for a Gragert, require Earlier parole eligibility approved permit to hunt deer before the regular that each member firearm deer hunting season under a of the Nebraska A bill to address the overcrowding bill passed by senators Aug. 12. Natural Resources Sen. Tim Gragert crisis in Nebraska’s correctional sys- LB126, introduced last session by Commission be a Nebraska resident.

PAGE 10 • UNICAMERAL UPDATE • 106TH LEGISLATURE August 11 - 13, 2020

The provisions of LB861, intro- to create a statewide flood mitigation the extent included in federal adjusted duced by Hughes, prohibit a county, plan that will be included in the state gross income. municipality or agency from adopting, hazard mitigation plan maintained by The exclusion is for taxable years enforcing or administering an ordi- the Nebraska Emergency Management beginning or deemed to begin on or nance or resolution that prohibits the Agency. after Jan. 1, 2022. use of or sets standards, fees, prohibi- The proposal requires the depart- The state Department of Revenue tions or requirements regarding the ment to convene a plan development estimates that the bill will reduce state sale, use or marketing of containers. group and work with federal, state and tax revenue by $5.4 million in fiscal It defines a container as a single- local agency and community stake- year 2021-22 and an additional $13.3 use, recyclable or reusable bag, cup, holders to develop the plan. million in FY2022-23. can, pouch, package, container, bottle Among other tasks, the depart- LB153 passed on a vote of 46-0. or other packaging made of cloth, ment will identify opportunities to paper, plastic, cardboard, aluminum, implement flood hazard mitigation Child care tax credit expanded glass or certain other materials and strategies, identify potential funding that is “designed for consuming, pro- sources that can be used for flood Self-employed child care providers tecting or transporting merchandise, mitigation and post-flood disaster may apply for a state income tax credit food or beverages from or at a food recovery and compile a list of critical under a bill approved by lawmakers service or retail facility.” infrastructure and state-owned facili- Aug. 12. The prohibition does not apply ties and identify those with the highest Under the 2016 School Readiness to county, municipality or agency risk of flooding. Tax Credit Act, eligible staff members recycling or solid waste collection Senators voted 46-0 to pass LB632. who are employees of child care and programs so long as those programs early childhood education programs do not “prohibit or have the effect of participating in the Step Up to Quality prohibiting the sale, use or marketing child care program may apply to the of any containers.” state Department of Revenue for a The amended provisions of LB933, refundable state income tax credit of introduced by Sen. Sue Crawford of up to $1,500. Bellevue, prohibit Tax exclusion for military LB266, introduced by Omaha Sen. a public or private retirement income approved Brett Lindstrom last session, adds utility company self-employed indi- from charging a fee Individuals may exclude half of viduals providing for the discontinu- their military retirement benefit pay services for eligible ance or reconnec- from state income tax under a bill child care and ear- tion of service that passed by lawmakers Aug. 12. ly childhood edu- exceeds the reason- Sen. Sue Crawford Previously, individuals could, with- cation programs able costs of providing such service. in two years after their retirement from to the definition Crawford’s proposal also makes sev- the military, choose from two options of “eligible staff Sen. Brett Lindstrom eral changes to current law prohibiting to exclude military retirement benefit member,” allowing them to apply for most public and private utilities from pay from state income tax. the credit. discontinuing service to subscribers for LB153, introduced last session by The bill also requires the state nonpayment unless it first notifies them. Gordon Sen. Tom Brewer on behalf of Department of Education to include The provi- Gov. Pete Ricketts, those self-employed individuals in the sions of LB1201, repeals those op- Nebraska Early Childhood Profes- introduced by tions and instead sional Record System. Sen. Bruce Bostel- allows individu- Finally, the bill allows credits man of Brainard, als to exclude 50 awarded to passthrough entities to be require the state percent of their distributed in the same manner and Department of military retirement proportion as income. Natural Resources Sen. Bruce Bostelman benefit income to Sen. Tom Brewer The state Department of Revenue

106TH LEGISLATURE • UNICAMERAL UPDATE • PAGE 11 August 11 - 13, 2020 estimates that the bill will reduce state the total amount of credits would be include refunds or credits for a calen- tax revenue by $71,000 in fiscal year $375 million plus an allowable growth dar year in which a “base authority” 2020-21 and an additional $81,000 in percentage equal to the growth in real is projected to be exceeded. FY2021-22. property value. Base authority is $25 million for Senators voted 47-0 to pass LB266. Sen. Lou Ann Linehan of Elkhorn calendar years 2021 and 2022, $100 filed an amendment during select file million for 2023 and 2024 and $150 Tax package clears final round debate Aug. 11. She said the amend- million for 2025. after cloture vote ment, adopted 41-3, clarifies that Beginning in 2026, the director any funds appropriated to the new will adjust the base authority every Lawmakers passed a bill containing refundable income tax credit will be three years to an amount equal to several major tax proposals Aug. 13. based on growth in actual tax receipts three percent of the state’s general LB1107, introduced by Norfolk compared to the prior fiscal year, not fund net receipts for the most recent Sen. Jim Scheer, estimated growth. The amendment fiscal year. Unused base authority will contains numer- also prohibits the allowable growth carry forward to the following year, but ous provisions, in- percentage from exceeding 5 percent base authority prior to 2026 may not cluding a new tax in any one year. exceed $400 million. credit based on the The amendment ensures that the The bill requires the director and amount of prop- state’s cash reserve cannot drop below the state tax commissioner to submit erty taxes paid to $500 million after any transfer of an annual report to the Legislature a taxpayer’s school Sen. Jim Scheer funds to the new program, Linehan listing the tax incentive agreements district, a new business tax incentive said. signed in the previous year, the agree- program and a requirement to provide LB1107 also creates a new business ments still in effect, the identity of matching funds for a potential project tax incentive program, the ImagiNE each taxpayer who is party to an at the University of Nebraska Medical Nebraska Act. The application period agreement, the qualified location or Center. for the state’s current program, the Ne- locations and other information. The bill creates a refundable in- braska Advantage Act, ends this year. LB1107 includes the amended come tax credit based on the amount Sen. Mark Kolterman of Seward provisions of Kolterman’s LB1084, an eligible taxpayer paid in property introduced the which require the state to provide taxes to their school district during original propos- $300 million in matching funds for the previous year, not including those al, LB720, last a potential academic hospital and amounts levied for bonded indebted- session. Under all-hazards disaster response facility ness or a levy override. The credit is LB1107, qualify- at the University of Nebraska Medi- allowed to each individual, business ing businesses will cal Center. or other entity that pays school district receive a varying The state will not provide matching taxes. combination of Sen. Mark Kolterman funds unless the applicant’s project For calendar year 2020, the total incentives based on their level of has been selected for participation in amount of credits is limited to $125 capital investment and the number the federal program and $1.3 billion million. For the following three years, of employees they hire at a minimum in federal funds and private donations that amount could increase based on qualifying wage. have been received. growth in the state’s net tax receipts To qualify for sales and use tax In no case will matching funds be and the level of its cash reserve. incentives under the act, a taxpayer transferred before fiscal year 2025-26 The credit cap will increase to $375 must offer full-time employees the or before the total amount of credits million in 2024. For each year after opportunity to enroll in minimum granted annually under the Nebraska that, the total amount of credits will be essential health care coverage under an Property Tax Incentive Act reaches $375 million plus an allowable growth employer-sponsored plan and offer a $375 million. percentage equal to the growth in real “sufficient package of benefits.” Under LB1107, the state will grant property value. The director of the state Depart- $275 million in credits each year un- The credit cap would be $375 mil- ment of Economic Development may der the Property Tax Credit Relief Act, lion for 2024. For each year after that, not approve applications that would which uses state sales and income tax

PAGE 12 • UNICAMERAL UPDATE • 106TH LEGISLATURE August 11 - 13, 2020 revenue to provide Nebraskans with the jobs being trained for must be net credits meant to offset part of what new jobs or result in a net increase in they pay in local property taxes. wages per employee, and the jobs must Any amount transferred or credited meet or exceed the Nebraska average to the Property Tax Credit Cash Fund annual wage. pursuant to any other state law will be The bill provides a refundable in- Rural broadband provisions added to the minimum amount when come tax credit to Nebraska businesses approved determining the total amount of relief that produce renewable chemicals granted under the act. made from agricultural products. Lawmakers passed a bill Aug. 11 In addition, the bill includes pro- The director of the state Department intended to encourage expansion of visions meant to encourage “key em- of Economic Development could ap- broadband internet service in under- ployers,” or those with at least 1,000 prove up to $3 million in tax credits served and unserved areas. equivalent employees during the base for calendar years 2022 and 2023 and LB992, introduced by Sen. Curt year, to retain jobs in Nebraska when up to $6 million per calendar year Friesen of Hen- new owners of those companies are after that. derson, creates a considering moving all or some of LB1107 also repeals a tangible new position of those jobs out of the state. personal property tax exemption. The state broadband Key employers that retain at least Legislative Fiscal Office estimates that coordinator with- 90 percent of their equivalent base- the change will reduce general fund in the office of year employment and meet certain expenditures by $14.8 million in the state chief in- other requirements may apply to re- FY2020-21 and an additional $15.2 formation officer. Sen. ceive a wage retention credit equal to million in FY2021-22. Among other duties, the coordina- five percent of the total compensation The office estimates that the bill tor will encourage counties to appoint paid by the employer in the year to all will reduce general fund revenue by a broadband coordinator to facilitate retained Nebraska employees who are $95 million in FY2020-21 and an ad- broadband planning and coordina- paid wages at the required level. ditional $135 million in FY2021-22. tion, assist counties in determining The credit earned for all employ- By FY2024-25, when the total available broadband assets and explore ers may not exceed $4 million in any amount of refundable credits reaches the creation of broadband coopera- year, and the total amount of credits $375 million, the office estimates tives in unserved or underserved areas received under the act may not exceed that the bill will reduce general fund of the state. $40 million. revenue by $441 million. The bill allows an electric utility The bill directs the state Depart- Assuming that UNMC is selected and a commercial broadband supplier ment of Economic Development to for the federal program and the state to enter into an agreement for the create and administer a revolving loan transfers $50 million in matching use of an electric utility easement or program for workforce training and funds annually beginning in FY2025- certain electric utility infrastructure infrastructure development expenses 26, the office estimates that the bill to install, maintain or own certain at- incurred by ImagiNE Act applicants. will reduce general fund revenue by tached equipment for operation by a Applicants may repay loans for job $526 million that year and an ad- commercial broadband supplier. training or infrastructure development ditional $559 million in FY2026-27. In entering into an agreement, an with certain credits earned under the After 45 minutes of debate on electric utility may not discriminate act. final reading, Scheer filed a motion among commercial broadband sup- LB1107 also creates a job training to invoke cloture, which ceases debate pliers in offering or granting rights fund to be administered by the state and forces a vote on a bill. The motion to install or attach certain broadband Department of Economic Develop- succeeded on a vote of 42-3. Thirty- equipment. ment to provide grants to employers three votes were needed. LB992 requires electric utilities to for reimbursement of job training Senators then voted 41-4 to pass charge fees that are nondiscrimina- expenses. LB1107. tory among commercial broadband For an employer to qualify for a suppliers for a substantially similar job training reimbursement grant, lease or use of the capacity of attached

106TH LEGISLATURE • UNICAMERAL UPDATE • PAGE 13 August 11 - 13, 2020 facilities owned or controlled by the bracket LB424 until the end of the electric utility. legislative session. After approximately The bill also requires the Nebraska an hour of discussion, Quick offered a Public Service Commission to es- motion to invoke cloture, which ends tablish a matching fund program to debate and forces a vote on the bill. Land bank options expanded provide incentives for the deployment Lawmakers voted 33-12 to in- of fiber-optic cable to benefit public A bill that broadens the potential voke cloture. Thirty-three votes were libraries. use of land banks in Nebraska passed needed. Senators then rejected the Beginning July 1, 2021, the pro- Aug. 11. bracket motion and passed LB424 on gram will receive funding from the LB424, introduced by Grand a 31-12 vote. Nebraska Telecommunications Uni- Island Sen. , allows any versal Service Fund. municipality in Nebraska to join Affordable housing bill Additionally, LB992 changes cur- an existing land amended, approved rent law allowing a state agency or po- bank—a tax-exempt litical subdivision to lease its unused political subdivi- A bill intended to increase the avail- fiber-optic cable to certain telecom- sion that acquires, ability of affordable housing passed munications carriers. manages and devel- Aug. 13. Before a dark fiber lease becomes ops vacant and tax- LB866, introduced by Omaha effective, it must be filed with the com- delinquent prop- Sen. Justin Wayne, mission, which will cause notice of the erties—under the Sen. Dan Quick adopts the Munici- lease and lease rates to be published. Nebraska Municipal Land Bank Act. pal Density and The bill requires the commission Metropolitan and first class cities Missing Middle to establish a safe harbor range of are allowed to create stand-alone land Housing Act. The market rates for all dark fiber leases banks under the bill. bill incentivizes af- using a competitive price determina- Among other provisions, LB424 fordable housing Sen. Justin Wayne tion comparison. also: projects by estab- Under LB992, 50 percent of the • prohibits a land bank from is- lishing a workforce housing invest- profit earned by an agency or political suing bonds; ment grant program for urban areas subdivision under certain dark fiber • prevents a land bank from of the state and requiring affordable leases must be remitted to the Ne- investing in a property that fi- housing action plans. braska Telecommunications Universal nancially could benefit a board The bill was amended on gen- Service Fund. The provision does not member, their businesses or eral file to include some provisions apply to a lease or a portion of a lease their immediate family mem- of LB794, intro- of dark fiber leased to exclusively serve bers; duced by Lincoln unserved locations. • limits the total number of par- Sen. . Finally, the amendment provides cels that a land bank may own; Those provisions that Nebraska Rural Broadband Task • requires a land bank to issue an require cities with Force members appointed by the gov- annual report to the Legislature; populations great- ernor will serve two-year terms and • prevents a land bank from er than 20,000 to Sen. Matt Hansen may be reappointed. receiving property tax revenue submit a report LB992 passed on a vote of 47-0. from an agreement under the every two years, beginning July 1, Joint Public Agency Act; and 2021, to the Urban Affairs Committee • allows an entity that creates or detailing their efforts to incentivize joins a land bank to withdraw affordable housing. from the agreement by a two- The report will include an overview thirds vote of the governing of the city’s residential zoning require- body. ments, percentage of residential areas Sen. of Bayard of- zoned for multi-family housing, a fered a motion on final reading to five-year history of new residential

PAGE 14 • UNICAMERAL UPDATE • 106TH LEGISLATURE August 11 - 13, 2020 construction and residential units ment to support development of work- expedited review annexed and an estimate of per unit force housing in Nebraska counties of of tax-increment housing costs. 100,000 or more residents. financing for rede- In addition, all cities with popu- Only nonprofit organizations may velopment projects lations greater than 50,000 will be apply for grants, which will be based under the state’s required to adopt an affordable hous- on a demonstrated need for additional Community De- ing action plan by Jan. 1, 2023, and owner-occupied housing in communi- velopment Law if all cities with populations between ties with an unemployment rate higher the project: Sen. 20,000 and 50,000 will be required to than the state average. The amend- • involves repair, rehabilitation or adopt a plan by Jan. 1, 2024. ment also sets valuation parameters replacement of an existing struc- Cities that do not comply will be for workforce housing units eligible ture in an existing substandard required to adopt a default housing for grants at $125,000 to $275,000. or blighted area; plan to allow development of “middle The fund will receive a one-time, • is in a county with a popula- housing” in areas currently zoned $10 million general fund transfer. Any tion of less than 100,000 or in for single-family residences. Middle grants awarded will require one-to-one an area that has been declared housing includes duplexes, triplexes, matching funds. extremely blighted; quadplexes, cottage clusters and town- Following adoption of the amend- • involves a structure that is at houses. ment, lawmakers advanced LB866 to least 60 years old; and During select file debate Aug. 11, final reading by voice vote Aug. 11. • does not exceed $250,000 for a an amendment adopted 29-12 add- The bill passed Aug. 13 on a 31-7 vote. single-family structure, $1 mil- ed provisions of lion for a multi-family or com- Omaha Sen. Tony Tax-increment financing mercial structure or $10 million Vargas’ LB1155. changes adopted for a structure on the National The provisions Register of Historic Places. create the Middle A bill intended to make certain The decision to allow expedited Income Housing redevelopment projects easier passed review will rest with the governing Investment Fund Aug. 13. body of a municipality. within the state Sen. Tony Vargas LB1021, introduced by North Lawmakers passed the bill 49-0. n Department of Economic Develop- Platte Sen. Mike Groene, creates

Resolution to affirm LGBTQ+ inclusivity approved Pansing Brooks said the resolution would send a strong message to employers and workers that Nebraska is com- Lawmakers approved a legislative resolution Aug. 12 assert- mitted to being a welcoming and inclusive state for all. ing protections against employment discrimination based on “Business leaders have been clear that workforce devel- sexual orientation or gender identity. opment is our state’s number one business need,” she said. Lincoln Sen. Patty Pansing Brooks “We need to do more to make sure our state competes for introduced LR466 to affirm a recent the talented young workers that we need.” U.S. Supreme Court decision, which Elmwood Sen. Robert Clements expressed concerns held that an employer who fires an that the Court’s decision, and the subsequent legislative individual merely for being gay or resolution, were in direct conflict with the Nebraska’s transgender violates Title VII of the constitutional protections of religious freedom. Civil Rights Act of 1964. Sen. Patty Pansing Brooks The resolution was adopted on a 28-8 vote. n

106TH LEGISLATURE • UNICAMERAL UPDATE • PAGE 15 Unicameral Information Office PRESRT STD U.S. POSTAGE PAID P.O. Box 94604 LINCOLN, NE Lincoln, NE 68509 PERMIT NO. 212 03-23-05

From left: term-limited Sens. Jim Scheer, Sue Crawford, Kate Bolz, Sara Howard and Rick Kolowski. (Not pictured: Sen. Ernie Chambers.)