UNICAMERAL UPDATE News published daily at Update.Legislature.ne.gov Vol. 43, Issue 13 / July 27 - 31, 2020 Budget adjustments amended, approved

From left: Sens. , , Matt Williams and discuss proposed changes to the state budget during select file debate. awmakers gave final approval burg Sen. ditional $1.5 million to aid local July 31 to three bills comprising Matt Wil- public health departments; L the Legislature’s mid-biennium liams, which • LB1079, sponsored by Lincoln budget adjustment package. transfers $10 Sen. , which ap- LB1008, introduced by Speaker million in propriates Jim Scheer of Norfolk at the request general funds $250,000 of Gov. , is the mainline to the Rural in general budget bill. The bill adjusts appro- Workforce Sen. Matt Williams funds to the priations for state operations, aid and Housing Investment Fund; construction programs in the current • LB827, State Patrol and next fiscal year. sponsored crime lab to Gering Sen. John Stinner, chairper- by Omaha support the Sen. Anna Wishart son of the Appropriations Committee, Sen. Robert timely processing of sexual as- said the committee’s changes, adopted Hilkemann, sault forensic evidence; and during the first round of debate, re- which pro- • LB1097, sponsored by Omaha store the state’s cash reserve, control vides a $3.7 Sen. Mike state spending growth and attain a million in- Sen. McDonnell, structural balance between revenue crease in developmental disabil- which ap- and spending. ity provider propriates As amended on general file, rates; $458,000 LB1008 includes $55.2 million to ad- • LB1018, over two dress damage from the 2019 floods. sponsored by years to the It also incorporates the provisions of Omaha Sen. state Su- Sen. Mike McDonnell 19 additional bills, with a total cost of , preme Court to increase staffing $15.2 million. The measures include: which appro- for youth problem-solving courts. Sen. Tony Vargas • LB773, sponsored by Gothen- priates an ad- (continued page 2)

INSIDE: Student intervention, removal bill stalls • Police bias bill approved • Abortion bill stalls July 27 - 31, 2020 Budget adjustments amended, approved (continued from front page) Stinner offered an amendment amendment that would have outlined biennium budget, he said, and there during select file debate July 28 that how the state would appropriate the is no indication of when economic requires any unallocated and unex- $258 million in CARES Act funds activity will return to normal in light pended coronavirus relief funds as of not yet allocated by the governor. Ca- of the pandemic. Nov. 15, 2020, to be reoffered through vanaugh said the amendment would “If times are going to be this bad a grant process to meet remaining un- direct those funds to services and going down the road, if this was my met needs, including rental and food programs strained during the public personal budget, I would stop spend- assistance, small business and livestock health emergency. ing money,” Friesen said. stabilization, broadband, workforce “Part of what I’m trying to do is The Cavanaugh amendment failed retraining and child care. to direct funds directly to individuals on a vote of 16-28. Twenty-five votes “The $1.25 billion of COVID relief who are most in need,” Cavanaugh were needed. funds [that Nebraska] received in April said, “but also to infuse cash flow into Friesen then offered and later with- must be expended by Dec. 31, 2020, our economy.” drew an amendment that would have or be returned to the federal govern- Sen. of Bellevue eliminated a number of DHHS fund- ment,” Stinner said. supported the amendment. She said ing provisions outlined in LB1008, as In addition—if allowed by federal the funds could assist individuals in well as $10 million for rural workforce law—any unallocated or unexpended hard-hit service sector jobs who did housing. funds received pursuant to the federal not qualify for other assistance by bol- The reductions would come from 2020 Coronavirus Aid, Relief and stering existing programs administered stripping the provisions of several Economic Security (CARES) Act, will through established nonprofits. proposals that were incorporated into be transferred to the Cash Reserve “Most of the money is focused on the bill on general file, including $3.7 Fund on or before Dec. 26, 2020. policies that are already in place,” million to increase developmental dis- The amendment was adopted 33-0. Crawford said. ability provider rates and $1.5 million Henderson Sen. cau- to local public health departments. Additional amendments tioned against allocating additional “It’s probably prudent for us not to considered funds at a time when long-range eco- be spending any dollars,” Friesen said. nomic forecasts remain “pretty bleak.” Sen. of Omaha, During select file debate, Omaha The state is facing a potential shortfall chairperson of the Health and Hu- Sen. offered an in revenue needed to fund the next man Services Committee, expressed

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PAGE 2 • UNICAMERAL UPDATE • 106TH LEGISLATURE July 27 - 31, 2020

Sen. Machaela Cavanaugh’s amendment attempted to direct Sen. Curt Friesen urged caution in state spending, saying Nebraska CARES Act funds to assist the state’s workers and families. faces an uncertain economic future.

“vehement opposition” to the amend- The motion failed 9-36 and law- Also included in the budget package ment, which she said would cost makers passed LB1008 on a vote of is LB927, which provides for payment Nebraska federal matching dollars 43-2. The bill took effect immediately. of claims against the state. During select and trigger a return of federal funds file debate July 28, senators adopted an already dispensed to the state because Other components amendment offered by Lincoln Sen. it would violate rate methodology to shift a $50,628 claim requirements. LB1009, also introduced by Scheer for attorney fees incurred by the State In addition, she said, local public at the request of the governor, autho- Racing Commission. health departments currently are rizes and provides for certain fund Hilgers said the racing commission providing coronavirus testing, contact transfers outlined in the mainline was the subject of an action by the tracing and extensive data gathering in budget bill. state attorney general’s office and, as a addition to their regular duties. Stinner offered an amendment dur- result, could not be represented by the “It sends a terrible message for us ing select file debate July 28, adopted office and had to hire outside counsel. to essentially underfund our public 40-0, which transfers $60 million from The amendment directs that the re- health departments in the middle of the Governor’s Emergency Cash Fund sulting attorney fees be paid from the a pandemic,” Howard said. to the state’s Cash Reserve Fund. In racing commission’s cash fund rather After several hours of debate span- March, the Legislature appropriated than the state’s general fund. Hilgers ning two days, Scheer offered a motion $83.6 million to the emergency fund said it could set a bad precedent to to invoke cloture, which ceases debate to support the state’s response to the use general fund dollars to pay fees and forces a vote on a bill. The cloture coronavirus pandemic. through the state claims process that motion was adopted on a vote of 40-7 Stinner said more than $60 mil- are the responsibility of a state agency. and senators advanced LB1008 to lion of that transfer was not needed The Hilgers amendment was ad- final reading by voice vote. because of funds received from the opted 26-18. Twenty-five votes were Omaha Sen. Justin Wayne offered federal government and should be needed. Lawmakers then advanced a motion July 31 on final reading to moved to the state’s “rainy day” fund. LB927 to final reading by voice vote. bracket the bill until Aug. 11, saying After additional debate, lawmakers The bill passed on a 48-0 vote July 31 senators should wait to see the impact adopted a cloture motion 43-4 and and took effect immediately. on state finances of any additional LB1009 was advanced to final reading The governor must sign, veto or guidance or relief that may be passed by voice vote. The bill passed July 31 line item veto the budget within five by Congress prior to their recess. on a 46-2 vote. calendar days, excluding Sunday. n

106TH LEGISLATURE • UNICAMERAL UPDATE • PAGE 3 July 27 - 31, 2020

Secretary of state fee increase approved

Lawmakers gave final approval July New checkoff program created Art funding changes, creative 31 to a measure that changes a number district plan approved of business administrative fees col- Lawmakers approved a bill July lected by the Nebraska secretary of 31 creating a checkoff program for Lawmakers gave final approval July state’s office. Nebraska dry pea and lentil growers. 31 to a bill that makes a technical LB910, sponsored by Gering Sen. LB803, intro- change to the budgeting process of the John Stinner, would consolidate cash duced by Venango Nebraska Arts Council and authorizes funds administered by, and restructure Sen. Dan Hughes, creative districts. fees assessed by, the secretary of state’s creates the five- LB780, introduced by Gering office. member Dry Pea Sen. John Stinner, The bill creates the Secretary of and Lentil Com- changes the level State Cash Fund by transferring the mission. of administrative balances of the existing Administra- The commis- Sen. Dan Hughes funding available tion Cash Fund, Corporation Cash sion may create general state policies from the Nebraska Fund, Nebraska Collection Agency and programs related to the discov- Arts and Humani- Fund, Secretary of State Administra- ery, promotion and development of ties Cash Fund tion Cash Fund and the Uniform markets and industries for the utiliza- beginning in fiscal Sen. John Stinner Commercial Code Cash Fund. tion of dry peas, lentils, chickpeas or year 2021. Current state law caps that LB910 passed on a 45-2 vote. garbanzo beans, faba beans or lupins amount at $30,000. grown in Nebraska. It also may adopt The bill includes provisions of an education and publicity program, Omaha Sen. Me- make grants and enter into research gan Hunt’s LB943, contracts. which require the The commission’s members, who Nebraska Arts will be appointed by the governor, Council to devise Dermatology access expanded must be Nebraska residents who are a plan for creative dry pea or lentil growers with at least districts through- Dermatology services conducted five years of experience, among other out the state. Sen. through asynchronous review may be requirements. The newly formed districts will be covered by a patient’s individual health Beginning July 1, 2021, a 1 percent certified by the council and distin- insurance under a bill passed July 31. excise tax will be imposed on the net guished by geography, artistic or cul- LB760, introduced by Seward Sen. market value of dry peas and lentils tural activities or facilities, promotion , sold through commercial channels in and preservation of artistic or cultural defines asynchro- the state. The tax will be levied and sites, educational uses of artistic or nous review as the imposed on the grower at the time of cultural activities or sites and unique acquisition and sale or delivery. The first purchaser or niche areas, activities, events, facili- storage of medi- will collect the tax and remit it to the ties or sites. cal information at commission. The bill also allows the council to one location that is The commission may adjust the create a competitive grant program then forwarded to Sen. Mark Kolterman levy after July 1, 2023, but it may not available to a certified cultural district or retrieved by a health care provider be less than 1 percent or more than 2 through the Nebraska Arts and Hu- at a different location for evaluation. percent of net market value. manities Cash Fund. Under the bill, beginning Jan. 1, LB803 passed on a vote of 44-0. LB780 passed on a 47-0 vote. 2021, asynchronous review that is deemed medically necessary cannot be excluded from a health insurance

PAGE 4 • UNICAMERAL UPDATE • 106TH LEGISLATURE July 27 - 31, 2020 policy solely because it is delivered student from a class as long as those failed on a vote of 32-15. Thirty-three asynchronously. Reimbursement actions were reasonable and in accor- votes were needed. rates will be negotiated between the dance with school policy. LB147 is unlikely to be scheduled provider and the insurer. The proposal includes amend- for further debate this session. LB760 passed 45-0. ed provisions of LB998, introduced by Sen. Dave Mur- man of Glenvil. They would require each school district Legislative YRTC oversight bill Student intervention, removal to offer annual be- approved Sen. Dave Murman bill stalls havioral awareness and intervention training to teachers, A bill that provides greater legisla- A bill that would authorize teachers administrators, paraprofessionals, tive oversight for the state’s youth to physically intervene when a student school nurses and counselors begin- rehabilitation centers passed July 31. is harming others failed to advance ning with the 2021-22 school year. The Office of Inspector General past the first round of debate July 30 Groene said the amendment has of Nebraska Child Welfare is housed after a failed cloture motion. been endorsed by groups representing within the Office of Public Counsel, a Under LB147, as introduced last ses- teachers, administrators and school division of the Legislature. Currently, sion by North Platte Sen. , boards across the state and that the the office investigates allegations of teachers and ad- proposed training was developed, in misconduct by employees of the state ministrators could part, by experts at Boys Town. Department of Health and Human “use the necessary He said teachers and other school Services, the juvenile services division, physical contact or staff regularly use such physical inter- contractors and juvenile detention physical restraint” ventions already, but most have no facilities. to control a stu- training or school policy to guide them. LB1144, introduced by the Health dent who becomes “They’re out there trying to do the and Human Services Committee, physically violent. Sen. Mike Groene best they can with no guidance from expands legislative oversight of the Groene introduced an amendment us,” Groene said. “We owe them some state’s YRTCs. The bill requires the on general file that would replace the help.” juvenile services division to report to bill. It would authorize teachers and Sen. of Lin- the inspector general any instance of other school personnel to “use reason- coln opposed the amendment, saying assault, escape, attempted suicide and able physical intervention to safely it had not been vetted by the Educa- other acts that occur at a YRTC. manage the behavior of a student” to tion Committee or by groups that In addition, the department is re- protect the student or another per- advocate for children with disabilities. quired to submit quarterly reports of son from physical injury or to secure She agreed that teachers should be grievances filed at YRTCs and to notify property in the student’s possession if trained to deescalate dangerous situa- the inspector general of any leadership it poses a threat of physical injury to tions in the classroom but said current changes within the juvenile services the student or another person. case law already allows them to use division or the YRTCs. The inspector Additionally, the amendment reasonable force to protect themselves general is required to conduct an an- would require each school district to and others. nual review and physical inspection have a policy describing a process for “The problem is [that]—and we’ve of six state institu- removing a student from a class and discussed this with the teachers mul- tions and report to then returning the student to a class. tiple times—they are not told that in the Legislature. Like the original bill, the amend- the schools,” Pansing Brooks said. The bill in- ment would protect teachers and other After several hours of debate on cludes provisions school personnel from professional general file, Groene offered a motion of LR298, spon- or administrative discipline for using to invoke cloture, which ceases debate sored by Omaha physical intervention or removing a and forces a vote on a bill. The motion Sen. Sara Howard, Sen. Sara Howard

106TH LEGISLATURE • UNICAMERAL UPDATE • PAGE 5 July 27 - 31, 2020

that create the Youth Rehabilitation provisions of his LB937. The amend- Lawmakers pave way for new and Treatment Center Special Over- ment would require the display of flags cemetery sight Committee of the Legislature. of Nebraska’s four federally recognized The oversight committee is re- Native American tribes—the Omaha, The state of Nebraska will acquire quired to issue a report with any Ponca, Santee Sioux and Winnebago— a veterans’ cemetery in Grand Island findings and recommendations to the in the ceremonial Warner Chamber of under a bill passed July 31. Legislature by Dec. 15, 2020, and will the State Capitol. LB911, introduced by Grand Island terminate on Dec. 31, 2020. Sen. Mike Groene of North Platte Sen. , Also included are provisions of offered an amendment that would enables the city to Howard’s LB1085, which make gender have stricken Indigenous Peoples’ Day gift the former Ne- neutral several references to the Office from the bill, essentially leaving the braska Veterans’ of Public Counsel in state law. Columbus Day holiday to stand alone. Memorial Cem- LB1144 passed on a vote of 48-0 Groene said the state already rec- etery and adjacent and takes effect immediately. ognizes American Indian Day in late land to the state in September, and said it would be “belit- order to establish a Sen. Dan Quick tling” to Native Americans to have a new state cemetery for veterans. shared holiday. The bill also requires the state De- “Columbus Day is Columbus Day,” partment of Veterans Affairs to apply Groene said. “You can like the man or for funding assistance from the federal not like the man but what he did was government. Bill to create Native American equivalent to landing on the moon.” LB911 passed 49-0 and takes effect holiday advanced The amendment failed 6-25. immediately. Lawmakers advanced LB848 to A bill that would make the second final reading by voice vote. Monday in October Indigenous Peoples’ Day and Columbus Day in Nebraska Civil War monument authorized advanced from select file July 30. LB848, introduced by Lincoln Sen. The First Regiment Nebraska Vol- Patty Pansing unteer Infantry will be honored under Brooks, would a bill passed July 31. Indoor e-cigarette ban passed add Indigenous LB850, introduced by Lincoln Sen. Peoples’ Day to Patty Pansing Brooks, authorizes a Lawmakers passed a bill July 31 the established committee to create a monument to banning electronic smoking devices Columbus Day the regiment at the Fort Donelson Na- inside public buildings in Nebraska. holiday. tional Battlefield in Tennessee where LB840, introduced by Grand The bill was Sen. Patty Pansing Brooks it fought alongside Union soldiers Island Sen. Dan Quick, amends the amended on general file to include during the American Civil War. Nebraska Clean Indoor Air Act to provisions of Pansing Brooks’s LB849, The bill directs the Nebraska secre- prohibit use of electronic nicotine which extend eligibility for the Bridge tary of state to submit to the secretary delivery systems as defined in state law to Independence Program to Native of the interior a written request to in public buildings. American youth who have reached the approve and authorize placement of The bill exempts licensed electronic age of majority un- the monument and would create a smoking device retail outlets from the der tribal law. committee to provide for the creation, Nebraska Clean Indoor Air Act as it Gordon Sen. construction, transportation, installa- relates to the use of electronic smok- intro- tion and unveiling of the monument. ing devices. Such an outlet is defined duced an amend- The committee will be funded as one that does not sell alcohol or ment during select privately. gasoline, derives no more than 20 file debate, adopt- LB850 passed on a 43-0 vote and percent of its revenue from the sale ed 38-0, that added Sen. Tom Brewer takes effect immediately. of food and food ingredients and

PAGE 6 • UNICAMERAL UPDATE • 106TH LEGISLATURE July 27 - 31, 2020

prohibits individuals younger than 21 state Board of Emergency Services consultation with—and not the approval from entering the premises. to provide education and licensure of—a licensed physician is required Until Jan. 1, 2022, electronic smok- requirements for the positions. for a licensed medical nutritionist to ing device retail outlet employees may Bostelman said the two new licen- order patient diets under the Medical be younger than 21. After that date, no sure classifications are necessary for Nutrition Therapy Practice Act. employee younger than 21 may work public safety. Following the 41-0 adoption of the in an outlet store. “Research, according to findings committee amendment, lawmakers LB840 passed on a 33-2 vote. from the Nebraska State Board of advanced LB1002 to select file on a Health, shows that paramedics cur- 43-0 vote. EMS changes clear first round rently deliver medical care using equip- ment and medications at a level above Bill to prevent new methodology A bill to allow emergency medical their education and qualifications and for Medicaid rate changes service providers to restock prescrip- for which they’re not certified,” he said. advanced tion medications from local hospital Under the amendment, licensed pharmacies was expanded and ad- practical nurses would no longer be ex- A bill that would require the state vanced from general file July 27. empt from Emergency Medical Services Department of Health and Human Brainard Sen. , Practice Act licensing requirements. Services to keep its Medicaid reim- sponsor of the Bellevue Sen. Sue Crawford spoke bursement rate methodology within bill, said current in “enthusiastic support” of the bill and its existing rules and regulations pro- law allows for the the amendment, saying EMS is essen- cess advanced from general file July 27. transfer of pre- tial to the state’s health care network. LB1053, introduced by the Health scription drugs be- “Our EMS providers are a critical and Human Services Committee, tween holders of a part of health care access—even more would clarify that any change to the pharmacy license, critical in our rural communities,” methodology is considered substantive health care prac- Sen. Bruce Bostelman she said. and would require rule and regulation- titioners and hospitals to alleviate a Also included in the amendment making proceedings under the Admin- temporary shortage. LB1002 would was LB1184, originally introduced istrative Procedure Act. add EMS providers to that list. by La Vista Sen. John Arch, which Sen. Matt Williams of Gothenburg Bostelman said EMS providers would require the introduced the bill on behalf of the currently must purchase and restock state Department committee. He said the rate methodol- the medications used in treatment of Health and Hu- ogy is used to calculate the amount of and transport only from wholesale man Services to reimbursement that nursing facilities drug distributors, which are not local, set standards for and hospitals receive for the care of require minimum purchases and do juvenile inpatient Medicaid patients. not always have the necessary medica- psychiatric units The department announced last tions on hand. and psychiatric Sen. John Arch year that it would remove the reim- “The bill will be a big step in as- residential treatment facilities. bursement rate methodology from sisting our state emergency medical Staff would be required to be at its rules and regulations process, he service providers with the financial least 20 years old, or at least two years said, and that it had developed a new and logistical issues they currently older than the oldest resident in the flat-rate methodology to calculate the face,” he said. facility or unit, have a high school Medicaid reimbursement amount for A Health and Human Services diploma or equiva- nursing facilities. Committee amendment added provi- lent and be trained “Many of our offices were flooded sions of three additional bills. appropriately. with calls, not only from nursing home LB893, also introduced by Bostel- Finally, LB1044, administrators but also from hospital man, would add community care originally intro- administrators, who were extremely paramedic and critical care para- duced by Blair Sen. concerned that the removal of the rate medic practices as EMS providers. Ben Hansen, would methodologies without their involve- The amendment would direct the clarify that only Sen. Ben Hansen ment would lead to unintended conse-

106TH LEGISLATURE • UNICAMERAL UPDATE • PAGE 7 July 27 - 31, 2020 quences,” Williams said. “Not having sleeping, hygiene, education, It also mandates that education for the rate methodology implemented programming, treatment, rec- any juvenile committed to OJS be pro- through a formal public process intro- reation and visitation for each vided by a school program meeting the duced too much uncertainty.” juvenile; requirements of an interim program Williams said the bill would ad- • appropriate physical separation school, an approved school or an ac- dress a “crisis” that could cause some and segregation of juveniles credited school. The bill designates nursing homes to deny care to Med- based on gender; YRTCs as interim program schools. icaid recipients. • training that is specific to the LB1188 includes provisions of A committee amendment, adopted population being served; two bills originally introduced by 34-0, added provi- • sufficient staffing to comply Sen. Tony Vargas of Omaha. LB1147 sions of two bills— with state and federal law and requires the state LB833, introduced protect the safety and security Department of by Sen. Sue Craw- of each juvenile; Health and Hu- ford of Bellevue, • an age-appropriate and develop- man Services to and LB1043, in- mentally appropriate education administer daily troduced by Blair program for each juvenile; maintenance, mi- Sen. Ben Hansen. Sen. Sue Crawford • a case management and coor- nor repairs, cus- LB833 would allow Programs of All- dination process, designed to todial duties and Sen. Tony Vargas Inclusive Care for the Elderly (PACE) assure appropriate reintegration other operations at YRTCs, while the facilities that meet DHHS licensure of the juvenile to his or her fam- state Department of Administrative requirements to operate multiple ily, school and community; and Services will oversee major repairs, centers under one • research-based or evidence- capital improvements, contract pro- license. LB1043 based programming and treat- curement for such improvements would make sev- ment services. and other facility maintenance func- eral changes to The bill also prevents the state tions that are not the responsibility state law govern- Department of Health and Human of DHHS. ing receiverships Services from establishing or moving Provisions of LB1149 require OJS of health care fa- a YRTC until March 30, 2021. to utilize evidence-based and validated cilities, including Sen. Ben Hansen The bill passed on a 48-0 vote and tools, programs and services and pro- reducing from 12 months to six the takes effect immediately. hibits staff from limiting or prohibit- time allowed to terminate a receiver- ing a juvenile from communicating ship and requiring the closure or sale Administrative, educational with relatives as a punishment. of a health care facility within 60 days changes for youth centers LB1188 passed on a vote of 42-4. of a court order. passed Senators advanced LB1053 to se- lect file on a 47-0 vote. A bill overhauling management and educational programing at Ne- Youth center reforms passed braska’s youth rehabilitation and training centers passed July 31. A bill to codify guidelines for youth LB1188, intro- Protections adopted for rehabilitation and treatment centers in duced by Omaha victims of sexual assault Nebraska passed final reading July 31. Sen. Sara How- LB1140, introduced by the Health ard, requires the The Legislature passed a bill July and Human Services Committee, Office of Juvenile 31 that creates a sexual assault victim’s outlines a series of requirements for Services to create bill of rights. the state’s YRTCs, including the a superintendent Under LB43, sponsored by Lin- provision of: of schools position Sen. Sara Howard coln Sen. Kate Bolz, a victim of sex- • health care and medical services; to administer education for YRTCs by ual assault is guaranteed the right to • a safe and sanitary space for Dec. 1, 2020. privileged consultation with a sexual

PAGE 8 • UNICAMERAL UPDATE • 106TH LEGISLATURE July 27 - 31, 2020

assault advocate The bill requires two witnesses to Senators passed the bill on a 48-0 during any physi- the signing of an advance directive. vote. cal examination Witnesses cannot be the person’s at- or interview by a tending physician or member of their Bill to ban abortion procedure peace officer, pros- mental health care treatment team, stalls ecutor or defense family member, romantic partner, attorney. Howev- attorney or owner or employee of a A bill that would ban a specific er, the advocate Sen. Kate Bolz treatment facility at which the person abortion method in Nebraska stalled cannot consult with or provide legal is receiving treatment. during general file debate July 29. advice to the victim. The person signing an advance LB814, introduced by Lincoln Sen. Any medical professional, peace directive must be of sound mind and , would ban “dismem- officer, prosecutor or defense attorney cannot appear incapacitated or under berment” abortion is required to provide a victim with undue influence or duress at the time except in emer- written documentation of his or her of signing. An advance mental health gency situations. rights before conducting an initial care directive will remain in effect The bill defines a physical examination or interview. A until it expires according to its own dismemberment victim has the right to be interviewed terms or is revoked by the person to abortion as a pro- by a peace officer of the gender of his whom it applies. cedure in which a or her choosing, if the request can be Under LB247, a health care pro- person purposely Sen. Suzanne Geist accommodated reasonably. fessional who acts or declines to act dismembers and extracts a living fetus LB43 also requires a medical pro- according to reasonable medical stan- from the uterus using clamps, forceps vider who conducts a physical exam dards, in good faith reliance upon a or similar instruments. after a sexual assault to contact the person’s advance directive, will not The bill would not apply to an appropriate law enforcement agency, be subject to criminal prosecution, abortion in which suction is used to which will be required to retain any civil liability or discipline for unprofes- dismember a fetus, or removal of a forensic evidence for 20 years. sional conduct. fetus that already is dead. Evidence collected from a sexual The bill passed on a 44-0 vote. In light of the coronavirus pandem- assault physical examination cannot ic and social unrest, Geist said that now be used to prosecute a survivor for Student mental health is a fitting time to have a conversation any misdemeanor crimes or offenses considerations approved about the value of human life. under the Uniform Controlled Sub- “When you distill all the contro- stances Act. A bill meant to prioritize students’ versy that’s happening in our commu- Senators passed the bill 43-0. mental health was passed by the Leg- nity down, that’s the bottom line,” she islature July 31. said. “How do we value our fellow man Mental health care directives Currently, a Nebraska school may or woman, regardless of race, health adopted refer a child to the county attorney or economy?” for truancy if the child has had more LB814 would allow for professional Nebraskans will have more control than 20 absences during the school injunctions and civil action against over their future mental health care year and a collaborative plan has not any abortion provider found to be in under a bill passed by the Legislature successfully resolved the child’s barri- violation of the bill’s provisions. July 31. ers to attendance. The intentional and knowing per- LB247, introduced by Lincoln Sen. LB751, spon- formance of the procedure—unless per- Kate Bolz, allows a person to issue sored by Bellevue formed due to a medical emergency— instructions or preferences regarding Sen. , would be a Class IV felony, punishable future mental health care decisions, adds mental health by up to two years imprisonment with including consent to or refusal of as a recognized bar- 12 months post-release supervision, a specific types of care, such as inpatient rier to attendance $10,000 fine or both. treatment, psychotropic medication or for consideration Sen. Carol Blood Omaha Sen. Megan Hunt filed a electroconvulsive therapy. as part of a collaborative plan. motion to indefinitely postpone the

106TH LEGISLATURE • UNICAMERAL UPDATE • PAGE 9 July 27 - 31, 2020 bill, which would end consideration of be prohibited by the bill. Anti-bias and implicit bias it for this session. She said that when “The dismemberment of a living training requirement approved someone decides to end a pregnancy, baby is not a health care decision,” their care should be safe, affordable and Slama said. “It is a [matter] of basic Lawmakers passed a bill July 31 that free from punishment or judgment. human decency.” seeks to strengthen enforcement of the “However we feel about abortion, Sen. Mike Groene of North Platte state’s ban on racial profiling by law about pregnancy, we should all agree said that prohibiting abortion is one enforcement. that a woman’s health, not politics, of the most important issues to the LB924, sponsored by Omaha Sen. should guide important medical deci- majority of his constituents. If given , sions at every point in a pregnancy,” the choice between saving an unborn requires each law Hunt said. baby’s life or their own, he said, many enforcement agen- Because LB814 was pulled from the would choose the baby. cy in Nebraska to Judiciary Committee July 22, Omaha “The real question is why does our implement an anti- Sen. Sara Howard said, it did not go society make us even contemplate that bias and implicit through the traditional vetting process choice?” Groene said. bias training policy to correct drafting errors or legally After three hours of debate, law- to combat appar- Sen. Ernie Chambers questionable provisions. As a result, makers moved to the next item on the ent or actual racial profiling practices. she said, doctors could be sent to jail agenda without taking any votes on Each agency is required to submit under the bill for performing a pro- LB814. Per a practice implemented by its adopted policy to the Nebraska cedure that is recommended by their Speaker Jim Scheer, the sponsor of a Commission on Law Enforcement professional practice group. bill that is facing a potential filibuster and Criminal Justice. Every law en- “What’s concerning about this piece must demonstrate sufficient support forcement officer will be required to of legislation in particular is that it for a cloture motion before the mea- complete at least two hours of bias means that doctors will be forced—by sure will be scheduled for additional training during each calendar year. ill-advised, unscientifically motivated debate. Additionally, the bill authorizes the policy—to provide lesser care to pa- commission to withhold loans, grants, tients,” Howard said. “Ultimately, in Immunity approved for funds or donations from a law enforce- Nebraska we want our patients to have emergency child removal ment agency if the agency is found the highest quality of care with the to have neglected to collect required best medical judgment, unhindered by A person assisting a child believed vehicle stop demographic data. The policies that don’t support the patient.” to be in imminent danger will be eli- funding could be reinstated once the Sen. Machaela Cavanaugh of gible for legal immunity under a bill reporting failure is corrected. Omaha supported Hunt’s motion, passed by lawmakers July 31. LB924 passed on a 49-0 vote and saying the Legislature consistently has State law currently includes a “good takes effect immediately. failed to provide services to women Samaritan” provision that extends and families. legal immunity to a person render- Juvenile justice omnibus bill “We want women to carry to term ing aid at the scene of an accident or passed but we don’t want to give them the other emergency. resources or the supports to do that,” LB832, introduced Senators passed a bill July 31 that she said. “I appreciate that this [bill] by Brainard Sen. makes several changes to existing juve- is important to Sen. Geist, but this Bruce Bostelman, nile justice practices. doesn’t solve anything for children in expands the defi- LB1148, spon- this state.” nition to include sored by Omaha Opposing the motion and speaking entering a vehicle Sen. Tony Vargas, in support of LB814 was Peru Sen. to remove a child Sen. Bruce Bostelman requires the Office . Discussion of dismem- to avoid immediate harm. of Juvenile Servic- berment abortion is bound to make The bill passed on a 46-0 vote. es to file a report people uncomfortable, she said, but is with the court and necessary to understand what would give notice of any Sen. Tony Vargas

PAGE 10 • UNICAMERAL UPDATE • 106TH LEGISLATURE July 27 - 31, 2020 changes in a youth offender’s place- video recording in which they fund transfer language; ment at a youth rehabilitation and are described; and • LB855, introduced by Colum- treatment center. The office is re- • LB975, sponsored by Lincoln bus Sen. Mike Moser, which quired to provide copies of the notice Sen. Suzanne Geist, which allows removes the to all interested parties, including any DHHS to legislative parent or guardian of the juvenile, at share infor- confirma- least seven days before the placement. mation gath- tion process The bill also authorizes the court to ered from for the ap- hold a review hearing for any change adult and pointment in placement and issue a temporary child abuse of board stay of such change until completion investiga- members to Sen. Mike Moser of the review. Each juvenile who is tions for the Sen. Suzanne Geist the Niobrara Council; and placed at a YRTC is entitled to an purpose of complying with other • LB856, also introduced by Mos- annual review of their placement by state or federal investigations. er, which extends the sunset the juvenile court for as long as they The bill passed on a 35-6 vote. date for the Petroleum Release remain committed. Remedial Action Cash Fund Provisions of four additional bills from June 30, 2020, to June also are included in LB1148: 30, 2024. • LB458, sponsored by Omaha Lawmakers voted 47-0 to pass Sen. Steve LB858. Lathrop, Municipal energy bill approved which al- Public power biofuel lows child Senators passed a bill July 31 up- development authorized advocacy dating governance of the Municipal centers to Energy Agency of Nebraska. Nebraska’s public power districts access child LB858, introduced by Sen. Dan may develop, manufacture and sell abuse and Sen. Hughes of Ve- certain biofuels in an effort to reduce neglect investigations under nango, reorga- their greenhouse gas emissions under review by the state Department nizes, simplifies a bill passed by lawmakers July 31. of Health and Human Services; and streamlines LB899, introduced by Venango • LB906, sponsored by Benning- MEAN’s govern- Sen. Dan Hughes, authorizes public ton Sen. ing document, the power districts to develop, manufac- Wendy De- Municipal Financ- ture, use, purchase or sell at whole- Boer, which ing Act. Sen. Dan Hughes sale “advanced” biofuels and biofuel clarifies the Among other provisions, the bill byproducts and other fuels and fuel process of specifies how a municipality may byproducts so long as those activities retaining fo- terminate participation in an agency, are done to help offset greenhouse gas rensic inter- makes a variety of changes to board of emissions. view videos Sen. Wendy DeBoer director qualifications and specifies The bill passed on a vote of 45-0. by child advocacy centers; that construction, maintenance or re- • LB969, sponsored by Omaha modeling of an agency’s headquarters Sen. Jus- is not a “power project.” tin Wayne, LB858 includes provisions of three which en- additional bills: sures that • LB367, also introduced by Proposal to decouple from defendants Hughes, which extends the sun- federal tax changes considered are entitled set date of the Nebraska Litter to a physi- Reduction and Recycling Act to The Revenue Committee held a cal copy of a Sen. Justin Wayne Sept. 30, 2025, and eliminates special hearing July 27 on a proposal

106TH LEGISLATURE • UNICAMERAL UPDATE • PAGE 11 July 27 - 31, 2020 that would decouple Nebraska’s tax He said that decoupling—as two other “The measures in the CARES Act code from federal changes meant to rolling conformity states have done so are intended to help businesses and provide economic relief to businesses far—would allow Nebraska to control jobs survive this pandemic,” Curry affected by the coronavirus pandemic. its tax base rather than assuming that said. “The amendment, in effect, is Because Nebraska conforms to the federal changes reflect what’s best a tax increase on businesses that are federal tax law on a rolling basis, it for the state. trying to survive.” automatically incorporated into its tax “The federal tax cuts at issue … Curry said she believes that the code the Coronavirus Aid, Relief and help the people who get them,” Thim- new federal relief bill being prepared Economic Security Act changes passed mesch said, “but they’re not targeted by Congress will allow states to use by Congress in March. at the Nebraska companies who need federal dollars to offset general fund LB1074, introduced by Elkhorn relief the most.” revenue losses caused by tax code Sen. Lou Ann Tiffany Friesen Milone, policy conformity. Linehan, would director at OpenSky Policy Institute, Erica Parks, a managing director make several tech- also testified in support, saying the at accounting firm BKD in Omaha, nical corrections CARES Act provisions in question also testified in opposition. Now that to state tax law would benefit a small number of the July 15 deadline for filing state requested by the wealthy Nebraskans. corporate and income tax returns has state Department Because many of the changes passed, she said, enacting the pro- of Revenue. Sen. are retroactive, she said, taxpayers posed changes would require affected Sen. of Albion intro- could receive refunds based on losses Nebraska taxpayers to file amended duced an amend- incurred before the pandemic and returns. ment to the bill economic crisis began. The committee took no immediate that would decou- “Those losses also are often based action on the amendment. ple Nebraska from on asset depreciation and other only- certain CARES on-paper accounting measures and so Act provisions— don’t act to necessarily reflect actual including one monetary losses,” Friesen Milone said. that temporarily Sen. Tom Briese Bryan Slone, president of the Ne- removes an excess business loss limita- braska Chamber of Commerce and tion for passthrough entities—that he Industry, testified in opposition to the Transportation load limit said would reduce state tax revenue by proposal on behalf of the chamber and exception approved approximately $242 million over the the Nebraska Bankers Association. next three years. He said the excess business loss pro- Farmers will have expanded trans- Briese said he introduced the vision and others are meant to create portation options under a bill passed amendment to ensure that the Legis- essential liquidity for businesses that by the Legislature July 31. lature can fund property tax reform, were distressed even before the pan- Currently, the state Department of which he called the “marquee issue demic-related economic downturn. Transportation, Nebraska State Patrol facing our state.” “To increase taxes on these particu- or local authorities can issue permits “I would submit that the dollars lar industries right now to the tune of authorizing a person to move objects we’re targeting [in the amendment] $180 or $220 million in the middle of greater than maximum weight and could be more beneficial to economic this crisis … makes no sense in terms load limits set in state law. growth when dedicated to property of what we’re trying to do to maintain One of these permits allows a tax relief than if they’re simply added jobs and the economy,” Slone said. person transporting grain to exceed to the roughly $1 billion in federal Also in opposition was Sarah vehicle weight limits by 15 percent income tax relief,” he said. Curry, policy director at the Platte and length limits by 10 percent to Adam Thimmesch, an associate Institute. If the proposal is enacted, transport grain from the field to stor- professor at the University of Nebras- she said, it could lead to more business age, market or stockpile in the field, ka College of Law, testified in support closures and layoffs this year, slowing or from stockpile to market or factory of the amendment on his own behalf. the state’s economic recovery. when failure to do so would mean

PAGE 12 • UNICAMERAL UPDATE • 106TH LEGISLATURE July 27 - 31, 2020

economic loss. renewal applications are received in “Pets for Vets” license plates. LB931, spon- any consecutive two-year period. The Additionally, provisions of the sored by Hastings current threshold is 200. following six bills are incorporated Sen. Steve Hal- LB944 includes provisions of five in LB944: loran, expands the bills authorizing new license plates: • LB976, introduced by Lincoln permit to apply to • LB843, introduced by Oma- Sen. Kate Bolz, which adds transport of grain ha Sen. neurologi- directly from farm Machaela cal impair- storage to market. Sen. Cava- ment to the The bill also allows single-axle naugh, list of crite- trucks to exceed single axle and gross which ria eligible weight by up to 15 percent for trans- provides for handi- port from farm storage to market or for “Do- cap parking factory, up to 70 miles. nate Life” Sen. Machaela Cavanaugh passes with- Sen. Kate Bolz The maximum load of seasonally license plates; in the exiting 200-foot mobility harvested grain is increased for tan- • LB903, introduced by Omaha impairment standard; dem axle, group of axles or on the Sen. Rick • LB831, introduced by Brainard gross weight by 15 percent for trans- Kolows- Sen. Bruce Bostelman, which port from farm storage to market or ki, which allows the factory without a permit. provides state DMV LB931 passed on a 46-0 vote. for Down to issue a syndrome salvage title Omnibus transportation bill awareness li- for a vehicle passed cense plates; Sen. manufac- • LB921, in- tured prior Lawmakers passed a bill July 31 troduced to 1940 if it Sen. Bruce Bostelman containing several transportation by Omaha previously was titled as “junk;” measures. Sen. Robert • LB768, introduced by Thurston LB944, intro- Hilkemann, Sen. , which in- duced by Lincoln which pro- corporates Sen. Suzanne Geist, vides for updated allows owners to “The Good Sen. Robert Hilkemann federal reg- seek a refund on Life is Outside” license plates; ulations re- vehicle registration • LB942, in- lated to cab- if a vehicle is lost to troduced in trailers, natural disaster. Sen. Suzanne Geist by Omaha low-speed Provisions of LB1088, originally Sen. Megan vehicles, Sen. Joni Albrecht introduced by Henderson Sen. Curt Hunt, which handicapped parking, vehicle Friesen and includ- provides for registration and driver licenses ed in the bill, allow “Support and state identification cards, people to purchase the Arts” li- Sen. Megan Hunt among others; a personalized mes- cense plates; • LB785, introduced by Friesen, sage organizational and which provides length, weight license plate. The • LB1139, in- and load capacity exceptions provisions also troduced by for stinger-steered automobile permit the state Sen. Curt Friesen Lincoln Sen. transporters, towaway trailer Department of Motor Vehicles to dis- Anna Wis- transporter combinations, bat- continue issuance of certain specialty hart, which tery-powered vehicles, emergen- license plates if less than 500 new and provides for Sen. Anna Wishart cy vehicles and certain heavy-

106TH LEGISLATURE • UNICAMERAL UPDATE • PAGE 13 July 27 - 31, 2020

duty tow and recovery vehicles; especially important for students who in offering or granting rights to install • LB983, introduced by Bellevue must attend classes virtually because of or attach certain broadband equipment. Sen. Sue Crawford, which elimi- the coronavirus pandemic. The amendment would require nates the “We need to do what we can to electric utilities to charge fees that are one-point bridge the digital divide that exists nondiscriminatory among commercial deduction between urban and rural areas of the broadband suppliers for a substantially from a per- state,” Friesen said. similar lease or use of the capacity of son’s driver A committee amendment, adopted attached facilities owned or controlled license for 44-0, would replace the bill with a mod- by the electric utility. a speeding ified version of the original proposal. The amendment also would re- violation of Sen. Sue Crawford In addition to several technical quire the Nebraska Public Service up to five miles per hour over changes, Friesen said, the amendment Commission to establish a matching the speed limit; and eliminates provisions in the original fund program to provide incentives for • LB1067, introduced by Bayard bill that would have required the Ne- the deployment of fiber-optic cable to Sen. , which allows braska Library Commission to employ benefit public libraries. all-terrain four regional technicians to provide Beginning July 1, 2021, the pro- and utility- technical support to public libraries. gram would receive funding from type vehi- It also would delay until 2022 the the Nebraska Telecommunications cles to cross creation of a new position of state Universal Service Fund. controlled- broadband coordinator within the office Additionally, the amendment access high- of the state chief information officer. would change current law allowing a ways of more Among other duties, the coordi- state agency or political subdivision than two Sen. Steve Erdman nator would encourage counties to to lease its unused fiber-optic cable to marked lanes, if used for agri- appoint a broadband coordinator to certain telecommunications carriers. cultural purposes. facilitate broadband planning and Before a dark fiber lease becomes LB944 passed on a 48-0 vote and coordination, assist counties in deter- effective, it would have to be filed with takes effect immediately. mining available broadband assets and the commission, which would cause explore the creation of broadband co- notice of the lease and lease rates to Rural broadband task force operatives in unserved or underserved be published. recommendations advanced areas of the state. The amendment would require the The amendment also would allow commission to establish a safe harbor Lawmakers gave first-round ap- an electric utility and a commercial range of market rates for all dark fiber proval July 27 to a bill intended to broadband supplier to enter into an leases using a competitive price deter- encourage expansion of broadband agreement for the use of an electric mination comparison. internet service in underserved and utility easement or certain electric util- It would direct 50 percent of the unserved areas of the state. ity infrastructure to install, maintain profit earned by an agency or political Sen. Curt Friesen of Hender- or own certain attached equipment for subdivision under certain dark fiber son, sponsor of operation by a commercial broadband leases to be remitted to the Nebraska LB992, said the supplier. Telecommunications Universal Ser- bill would make An electric utility would have to vice Fund. The provision would not several changes notify property owners of the agree- apply to dark fiber leases that serve to state telecom- ment. If an owner submits a claim unserved locations. munications law for compensation related to the use of Finally, the amendment provides recommended by the electrical easement within 90 days, that Nebraska Rural Broadband Task the Nebraska Ru- Sen. Curt Friesen the commercial broadband supplier Force members appointed by the gov- ral Broadband Task Force. would be responsible for the claim. ernor would serve two-year terms and He said expansion of broadband In entering into an agreement, an could be reappointed. internet service in rural areas is neces- electric utility could not discriminate Senators voted 47-0 to advance sary for economic development and is among commercial broadband suppliers LB992 to select file.

PAGE 14 • UNICAMERAL UPDATE • 106TH LEGISLATURE July 27 - 31, 2020

would strengthen conflict of interest thirds vote of either a city council or provisions, reduce the number of village board. parcels a land bank could own and The bill includes provisions of eliminate an automatically accepted eight other measures: bid process except for land banks in • LB795, in- Land bank bill narrowed, metropolitan class cities. troduced by advanced “That is a big compromise, but this Lincoln Sen. A bill that would expand the po- bill is that important,” Quick said. Matt Han- tential use of land banks in Nebraska Lincoln Sen. Mike Hilgers said sen, which advanced from select file July 30. the amendment improved the bill amends the LB424, introduced by Grand but that he remained opposed to the Enterprise Sen. Island Sen. Dan Quick, would allow expansion of land banks, primarily Zone Act to any municipality out of concern that they might use define unemployment criteria; in Nebraska to join the public trust to further their own • LB799, introduced by the Ur- an existing land financial interests. ban Affairs Committee, which bank—a tax-exempt “One of the things that I was makes technical changes to political subdivi- concerned about was ensuring that statutes covering primary class sion that acquires, we had stronger conflict of interest cities; manages and de- provisions,” Hilgers said. • LB801, also introduced by the velops vacant and Sen. Dan Quick Sen. Steve Erdman of Bayard committee, which makes tech- tax-delinquent properties—under the said he opposed the bill despite the nical changes to Community Nebraska Municipal Land Bank Act. changes, saying it would not solve the Development Law related to Currently, only municipalities problem of blighted properties. tax-increment financing; in Douglas and Sarpy counties are “There’s not an improvement you • LB821, introduced by Sen. eligible under state law to create land can make to this bill to get my vote,” Tom Brewer banks. Erdman said. of Gordon, The bill was amended on general The Quick amendment was ad- which allows file to allow primary class cities also to opted 33-4, and LB424 advanced to the planning create stand-alone land banks. Lincoln final reading by voice vote. commission currently is the state’s only primary of a first or class city. Omnibus municipal bill passed second class Sen. Tom Brewer As amended, LB424 also would: city or village • prohibit a land bank from issu- Senators gave final approval July 31 to cancel a quarterly meeting if ing bonds; to a bill that makes several changes to there is no business pending; • prevent a land bank from invest- state law governing cities and villages. • LB885, introduced by Lincoln ing in a property that financially LB1003, introduced by Sen. Lynne Sen. Kate could benefit a board member Walz of Fremont, Bolz, which their businesses or their imme- allows any second changes re- diate family members; class city or village quirements • prevent a land bank from receiv- to annex land, lots, for grants ing property tax revenue from tracts, streets or under the an agreement under the Joint highways to relo- Civic and Sen. Kate Bolz Public Agency Act; and cate all or part of Community Sen. • allow an entity that creates or a town because of Center Financing Act; joins a land bank to withdraw catastrophic flooding, while waiving • LB957, introduced by Walz, from the agreement by a two- a requirement that annexed areas be which allows a mayor of a first thirds vote. contiguous or adjacent and urban or or second class city to be consid- Quick introduced an amendment suburban in character. ered a member of the town’s city during select file debate that he said Annexation will require a two- council to establish a quorum

106TH LEGISLATURE • UNICAMERAL UPDATE • PAGE 15 July 27 - 31, 2020

if the council consists of four full-time police officers would be fied that they were harassed or injured members; required to create a seven-member citi- during recent racial justice protests in • LB984, introduced by Oma- zen oversight board. Each city’s mayor Lincoln and Omaha. ha Sen. Megan Hunt, which would appoint board members, with Michaela Chambers of Omaha requires approval of the city council. No law said she was arrested July 25 while vacancies enforcement officer, past or present, protesting peacefully and was subse- on airport would be allowed to serve. quently detained in a jail cell. She authority, The bill would require each board to: supported the bill, but said it didn’t metropoli- • investigate all police shootings; go far enough. tan transit • investigate complaints filed by “I believe this [bill] is the tip of the authority, members of the public against iceberg,” she said. “You, as our elected land bank, Sen. Megan Hunt the local police department; officials, can do and should do more riverfront development author- • independently investigate all for us. To protect us as your citizens. ity boards and housing author- cases of alleged misconduct by To allow us to have our right to free- ity boards to be filled within police officers; dom of speech and for that right not six month after the date of the • identify all instances of police to be taken away by the brutality and vacancy; and misconduct and report findings the aggression shown by sworn officers • LB993, introduced by Kearney and recommendations to the who made an oath to protect us.” Sen. John Lowe, which allows police department, mayor, city Kieran Wilson, also testifying in cities with a council and all state and federal support, said numerous barriers pre- population registries of police misconduct; vent police from being held account- between • when appropriate, provide law able in Nebraska. 10,000 and enforcement agencies with evi- “You have counties in Nebraska 25,000 to dence in support of any crimi- in which there isn’t a means to send expand the nal proceedings, disciplinary a complaint to the police department; size of their proceedings or other manage- there isn’t a means to send a compli- city council Sen. John Lowe ment actions; ment to the police department. In the from five to seven members • provide the police department state of Nebraska, police disciplinary under the City Manager Plan with feedback from members of actions are not publicly accessible of Government Act. the public who have direct expe- documents,” Wilson said. LB1003 passed on a 42-1 vote and rience with police practices; and Also testifying in support was Mag- takes effect immediately. • monitor, investigate and evalu- gie Ballard. She said LB1222 would ate policing standards, patterns provide oversight of police but that Police oversight boards and practices. it would not end police misconduct. considered If an investigation reveals appar- “Make no mistake, the unaccept- ent criminal wrongdoing by a police able actions of police officers didn’t The Urban Affairs Committee officer, the board would present that stop once the [federal] Civil Rights Act heard testimony July 31 on a bill that evidence to the local county attorney. was passed or once stop-and-frisk prac- would require certain Nebraska cities Wayne said LB1222 would pro- tices were outlawed,” Ballard said. “In to establish citizen police oversight vide meaningful external oversight of 2014 we thought that putting cameras boards. police departments across Nebraska, on police officers or in cruisers would LB1222, intro- while acknowledging that the proposal prevent the use of excessive force.” duced by Sen. Jus- is a work in process. Omaha Mayor Jean Stothert tes- tin Wayne of Oma- “This may turn into a broader tified against the bill. She said she ha, would adopt bill, or bills, going into next year, but recently issued an executive order the Municipal Po- while this is a hot topic, I thought it that expanded police training and lice Oversight Act. was important to have this hearing,” strengthened Omaha’s process for Under the act, any Wayne said. citizen complaints. Stothert said the city that employs Sen. Justin Wayne Several proponents of the bill testi- city already has a review board to

PAGE 16 • UNICAMERAL UPDATE • 106TH LEGISLATURE July 27 - 31, 2020 examine alleged police misconduct discipline and direct the culture of an jeopardize an individual’s constitu- and that further oversight would be organization. tional right to a fair trial but also de- an overreach. “[LB1222] undermines the authori- incentivize—which we’re not trying to “LB1222 creates a citizen board ty of the chief of police. We’re not even do—the cooperation of complainants that is accountable to no one,” she mentioned in the bill,” Schmaderer and witnesses and undermine the said. “It threatens the privacy of citi- said. “There needs to be a singular, public trust,” Bliemeister said. zens who have been victims of crime dedicated leader to set a tone.” After approximately three hours and diminishes the authority of may- Also testifying in opposition was of testimony, Wayne announced that ors and city councils.” Lincoln Police Chief Jeff Bliemeister. he had been notified that someone in Also testifying against the bill was He said the bill was well intentioned the hearing room had been exposed Omaha Police Chief Todd Schmader- but could adversely affect ongoing to Covid-19. As a result, he said, the er. He said the proposal would amount investigations and potential civil law- hearing on LB1222 would cease “out to an unfunded mandate that would suits that could arise from a criminal of an abundance of caution,” but that cost Omaha $1 million. Civilian investigation. written testimony would be accepted oversight is important, he said, but “The public release of information until Aug. 3. n police leaders need to be able to levy as described in this bill may not only

Lawmakers reject introduction of worker protection bill motion to suspend the Leg- “If you don’t see the urgency in liams said. islature’s rules to permit the this and understand why this situation Sen. Tom Brewer of Gordon ex- A introduction of a new bill was demands us to act now, then I’m at a pressed concerns about the potential unsuccessful July 29. loss,” he said. “This is exactly why this impact of increased regulations on Traditionally, new bills may be rule exists.” an industry that already has been introduced only during the first 10 Omaha Sen. Justin Wayne spoke impacted negatively by the pandemic. days of the legislative session. Omaha in support of the motion, saying “When the packing plants closed Sen. Tony Vargas lawmakers need to provide all com- last spring and things ground to a moved to suspend munity members a forum to discuss halt, all of a sudden the feedlots the rules to intro- the pandemic’s impact. weren’t able to move the cattle, the duce a measure “This is about all of our communi- sale barns weren’t able to buy the that would have ties building trust with our govern- cattle and ranchers weren’t able to implemented new ment,” Wayne said. “That when there sell the cattle,” Brewer said. “If we do workplace protec- is a major pandemic and it’s dispro- something that grinds the system to tions for employ- Sen. Tony Vargas portionately hitting an industry, that a halt [again], life for a good share of ees of meat processing facilities in we can at least listen and figure out a Nebraskans will grind to a halt.” response to the coronavirus pandemic. way to respond.” Brainard Sen. Bruce Bostelman Vargas said the pandemic has dis- Gothenburg Sen. Matt Williams suggested that lawmakers instead hold proportionately impacted the state’s also supported the motion to suspend an interim hearing, which he said minority population, who make up the rules. The pandemic has drastically would allow them to take the public a large segment of meat processing changed every aspect of daily life for hearing process into the communities employees. Of the approximately many in Nebraska, he said, and that most directly impacted. 25,000 people who have tested posi- warrants a discussion of working con- “I’m afraid that if we have a hearing tive for COVID-19 in Nebraska, he ditions in critical industries like meat [in Lincoln], we’ll lose the opportunity said, nearly 5,000 are meat processing processing. to understand how it affects [people] plant employees. “The hearing we would have on in their community,” Bostelman said. Calls for improved worker treat- this would allow the workers to share The motion to suspend the rules ment and health and safety measures, their stories and allow the industry to failed on a 28-10 vote. Thirty votes however, largely have gone unan- share the specific things that they’ve were needed. n swered, Vargas said. done … to address these issues,” Wil-

106TH LEGISLATURE • UNICAMERAL UPDATE • PAGE 17 July 27 - 31, 2020 Crafting the State Budget he primary constitutional duty of the Legislature is to pass the state budget. Before a budget is passed, however, the Legislature must consider hundreds T of funding requests for the creation, maintenance or improvement of government services, programs, equipment and infrastructure. This lengthy process is governed and guided by provisions of the Nebraska Constitution, state statutes and legislative rules. ebraska’s budget cycle of Revenue. The board’s estimates the Fiscal Office analysis of each Nconsists of two fiscal become the basis for planning Gen- agency budget request. Under legisla- years, called a biennium. eral Fund budget conditions for the tive rules, the committee must submit Biennial budgets are enact- current and next biennium. its preliminary recommendations in ed during regular 90-day a report to the Legislature 20 to 30 legislative sessions held in he governor is re- legislative days after the governor’s odd-numbered years. Budget Tquired to submit his budget submission. adjustments are made during or her budget recommen- The report includes preliminary regular 60-day sessions held in dation by Jan. 15 in odd- funding levels and an overall analysis even-numbered years. Conse- numbered years, except of the state’s spending capacity based quently, the volume of issues that in the first year of on current revenue forecasts, tax rate BIENNIUM and dollar value of decisions office a governor may assumptions and compliance with the during short sessions typically are less. submit a proposal on or statutory minimum reserve, which The Legislature’s Appropria- before Feb. 1. The gover- must fall between 3 and 7 percent of tions Committee is responsible for nor communicates his or available general funds. The estimates reviewing budget requests and present- her proposals through a in the preliminary report become the ing a budget recommendation to be state of the state address basis of discussion during subsequent considered by the full Legislature. Be- and formally submits his public hearings with state agencies and fore submitting its recommendation, or her recommendation other interested parties. the committee considers recommen- to the Legislature through dations from the governor, requests one or more bills, in- uring this time, other from state agencies and fiscal impacts troduced by the speaker Dstanding committees are of bills sponsored by senators. GOVERNOR’S RECOMMENDATION of the Legislature at the conducting hearings on bills The process begins when state request of the governor. referred to them. Each bill has agency requests come to the Legisla- The governor’s appropriation an accompanying fiscal note, tive Fiscal Office in the fall prior to bills routinely are referred to the Ap- which is an estimate of the each session. Fiscal Office staff study propriations Committee. Other sub- financial impact of the legisla- the requests and prepare briefings for stantive bills that are instrumental to tion, including expenditures the Appropriations Committee. At the governor’s budget recommendation and revenues. the same time, budget analysts from are referred to the standing commit- The fiscal note becomes the executive branch are reviewing tee having subject matter jurisdiction. BILLS “A” the basis for estimating what agency requests and working with Such substantive bills are not subject appropriation may be neces- the governor to formulate his or her to the Jan. 15 deadline. sary if the bill becomes law. When budget recommendation. During the first 10 days of ses- a committee advances a bill that has Revenue forecasts generated sion, senators introduce other bills, a financial impact, a companion bill by the Fiscal Office are reviewed by which may require an appropriation authorizing an appropriation is intro- the Nebraska Economic Forecasting to implement. duced. This bill is assigned the same Advisory Board along with forecasts In January and February, the number as its companion along with developed by the state Department Appropriations Committee reviews an “A” suffix.

PAGE 18 • UNICAMERAL UPDATE • 106TH LEGISLATURE July 27 - 31, 2020

fter issuing its pre- current year. It is not unusual for the appropriations bills by the 80th day in a Aliminary report, the deficit bill to be considered early in long session or the 50th day in a short Appropriations Commit- the session because some of the adjust- session. There is no penalty for not tee conducts public hear- ments may be emergencies that apply passing appropriations bills as provided ings on the budget and to the current year. by rule, other than the holdup of bills then reviews all prelimi- Other bills also may be offered, during a long session. Circumstances nary decisions, informa- including bills making appropriations such as volume of amendments, length tion obtained during the for salary increases, increased benefit of debate and full discussion of appro- hearings and any other costs or substantive law changes — priations matters can extend passage information brought to such as authorization for a fee and of the appropriations bills beyond the its attention. creation of a fund — that implement prescribed deadlines. Appropriations The committee some aspect of the committee recom- bills usually carry the emergency clause, meets for about two weeks mendation. which requires 33 votes for passage on to complete a set of recom- final reading. This also is true of deficit mendations that is offered fter the committee’s bills bills. Bills without the emergency clause to the full Legislature in Aare placed on general need 25 votes to pass. the form of amendments file, a daily financial status COMMITTEE COMMITTEE RECOMMENDATION to the governor’s legisla- report of the general fund ac- n appropriations bills, tion or new bills. companies the daily agenda. Othe governor has the During a long session, the com- The status report indicates option of signing the bill, mittee has until the 70th day to place the amount of budgeted letting the bill become law its budget bills on general file. During funds under the committee without his or her signature, a short session, the deadline is the recommendation and the vetoing the bill or returning 40th legislative day. If the commit- amount of additional spend- the bill to the Legislature with tee fails to introduce its bills by the ing that could be accommo- one or more line-item vetoes. deadline, legislative rules require that dated beyond the statutorily Within a day of the return of senators consider the appropriation required minimum reserve. appropriations bills to the Leg- VETOES bills as introduced by the governor. REPORT STATUS For planning purposes, islature with total or line-item At a minimum, the Legislature the status also indicates fi- vetoes, the Appropriations must consider three appropriation nancial conditions for the biennium Committee must report on the impact bills: one for legislators’ salaries; under consideration plus the two fol- of the vetoes and may offer a motion another for constitutional officers’ lowing years. Although the Legislature to override all or some of them. salaries, which generally include considers only the first two years for Individual members of the Leg- other elected officials and judges; and appropriations, simulating impacts for islature may then offer their own veto a third to appropriate for all other two additional years provides useful override motions. For an override expenditures. information on the state’s ability to motion to succeed, two-thirds of the However, the committee typically sustain future obligations. Legislature must vote for it. introduces several bills that fall under During long sessions, all other All final appropriations ulti- broad categories. One large bill appro- bills having a general fund expendi- mately enacted take effect July 1 of priates most state funds for operations ture or a general fund revenue loss the designated fiscal year or, if passed and state aid. A second bill typically are held on final reading and may without the emergency clause, three is offered to make appropriations for not be read until the Appropriations calendar months after the end of the capital construction projects. Another Committee’s budget bills pass. During legislative session. Deficit bills making bill provides for deficit appropriations, short sessions, other bills may be read adjustments to current-year appropria- which are adjustments to appropria- after the 45th day. tions with the emergency clause are tions previously authorized for the By rule, the Legislature must pass effective immediately. g

106TH LEGISLATURE • UNICAMERAL UPDATE • PAGE 19 Unicameral Information Office PRESRT STD Nebraska Legislature U.S. POSTAGE PAID P.O. Box 94604 LINCOLN, NE Lincoln, NE 68509 PERMIT NO. 212 03-23-05

Social distancing measures were implemented July 31 to accommodate testifiers at the Urban Affairs Committee hearing on LB1222.