UNICAMERAL UPDATE

News published daily at Update.Legislature.ne.gov Vol. 42, Issue 10 / Mar. 12 - 15, 2019 Enhanced tax sale certificate notification requirements advanced bill meant to ensure that homeowners receive suffi- cient notice that they may lose their property due to A unpaid taxes advanced from general file March 12. Currently, counties may sell real property at auction for delinquent taxes. Purchasers pay the delinquent taxes in exchange for a tax sale certificate. After three years, if the property owner has not paid the taxes and any accrued interest, the certificate purchaser may apply for a treasurer’s tax deed to acquire the property. The purchaser must serve notice to the property owner at least three months before applying for the deed. Among other information, the notice is required to include the amount of taxes represented by the tax sale certificate and Sen. Matt Williams said LB463 would ensure that property owners a statement that the right of redemption requires payment receive adequate notice that they are at risk of losing their property to the county treasurer. due to delinquent taxes. Gothenburg Sen. Matt Williams, sponsor of LB463, process begins only after a property owner fails to pay his said tax sale certificates and the treasurer’s tax deed process or her taxes for two or three years, he said. ensure that counties and other local taxing entities, such However, Williams said, current law has led to “inequi- as school districts, receive property taxes due to them. The table situations” in which property owners did not receive (continued page 2) Omnibus election bill clears first round awmakers amended a bill to board could adopt a resolution by eral election procedures; become an omnibus elections majority vote to allow voters to alter • LB280, also introduced by Brew- Lmeasure and advanced it to the number of commissioners on the er, which would increase the max- select file March 14. board. Currently, such a question only imum fine under the Sen. Jim Scheer of Norfolk in- can be placed on the ballot by a peti- Accountability and Disclosure troduced LB411, tion signed by at least five percent of Act—which was last raised in which would allow registered voters in the county. 1999—from $200 to $500; county boards to “Citizen petitions can be cumber- • LB342, introduced by Gretna place a question some, costly endeavors, especially in Sen. , which on the ballot re- some of our rural counties,” Scheer said. would move oversight of the garding a change in “LB411 simply adds another option.” metropolitan utilities district county board mem- A Government, Military and Veter- elections from the county elec- bership. The bill Sen. Jim Scheer ans Affairs Committee amendment, ad- tion commissioners to the Ne- would apply to counties with a popula- opted 35-0, added provisions of six bills: braska secretary of state office; tion of less than 400,000 people that • LB246, introduced by Gordon • LB608, also introduced by La are not under township organization. Sen. , which would Grone, which would remove Under the bill, a qualifying county make technical changes to sev- (continued page 2)

INSIDE: Meet Sen. Murman • Tipped minimum wage increase stalls • Committee hearing schedule March 12 - 15, 2019

Enhanced tax sale certificate Omnibus election notification requirements advanced bill clears first round (continued from front page) (continued from front page) adequate or timely notice that they make a firm commitment that you do outdated language regarding were at risk of losing their property. owe those taxes and you should pay electronic voting and allow LB463 would require tax sale cer- them,” Groene said. ballots to be counted at polling tificate purchasers to make multiple However, Groene suggested that places; attempts to notify those who occupy the bill be amended to require coun- • LB618, introduced by Lincoln the property as well as anyone listed ties to include a property owner’s Sen. , which would on the property’s title, he said. name in an annual list of properties redefine electioneering; and Williams said the bill also would subject to sale due to delinquent taxes, • LB101, introduced by Omaha require a “checklist” of documents not just a legal description of the prop- Sen. Justin Wayne, which would that a tax sale certificate purchaser erty. He said many people would not change provisions of the Ne- must provide before a county treasurer recognize their property based only on braska Political Accountability issues a tax deed. that description. and Disclosure Act relating to Williams introduced an amend- Elmwood Sen. Robert Clements a potential conflict of interest ment, adopted 31-0, that would apply also supported the bill. He said a by an elected office holder of the bill’s requirements to tax sale couple in his district lost their home certain cities or villages or a certificates sold after Jan. 1, 2017. This and 80-acre farm to a tax sale certifi- school district. would ensure that those certificates cate purchaser after falling behind on Wayne said the provision of LB101 are subject to the enhanced notice re- their bills and property taxes due to would address situations when, for quirements when they become eligible medical problems. example, a school board member for the treasurer’s tax deed process in If the notice requirements in joins an association of school board 2020, he said. LB463 had been in place, Clements members and later is asked to vote Sen. of North Platte said, the man who rented and occu- on a matter affecting that association. supported the bill, saying the en- pied their land also would have been “It creates a natural conflict,” hanced notice requirements would notified of the delinquent taxes and Wayne said. “There’s no personal improve the tax deed process. could have urged the landowners to interest; there’s no financial conflict.” “Families should not lose their pay the county. Following adoption of a technical legacy—their inheritance—over delin- Lawmakers voted 35-0 to advance amendment, lawmakers voted 37-0 to quent taxes, even though we must … the bill to select file. g advance LB411 to select file. g UNICAMERAL UPDATE The Unicameral Update is a free, weekly newsletter published during the legislative session. It is produced by the Clerk of the Legislature’s Office through the Unicameral Information Office. For print subscriptions, call 402-471-2788 or email [email protected]. Visit us online at Update.Legislature.ne.gov, twitter.com/UnicamUpdate and facebook.com/UnicameralUpdate.

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PAGE 2 • UNICAMERAL UPDATE • 106TH LEGISLATURE March 12 - 15, 2019 Meet the Senator Murman’s dream of holding office deferred but not forgotten en. Dave Murman of Glenvil does not often watch Then he met Kathy, a fellow Glenvil native. Murman the late evening news. But he was watching one night decided to move home, join his father and brother on the Sin mid-February 2018 when it was reported that his farm, get married and start a family. The couple raised predecessor in the District 38 seat had announced that he three children—Kelsi, Whitney and Chase—and have five would not seek reelection. grandchildren. Murman went to his wife, Kathy, who was already in Murman enjoys traveling, even though life’s circum- bed. stances have kept him “‘’s not mostly close to home. running for state sena- His younger daugh- tor again—I was think- ter, Whitney, has dis- ing I’d maybe consider abilities, and Kathy is running,’” Murman her full-time caregiver. told her. Murman drives home He expected her to each weekend to be give him a sharp elbow, with them. but instead Kathy told Despite the trav- him she knew how long el required, he said, he had thought about Kathy is “totally sup- running for the Legisla- portive” of his new ture and that it “might job. be a good thing” for The idea to run for him. the Legislature had “So that made me been in the back of his think, ‘Well, maybe I mind since he sold his could do that,’” Mur- interest in the dairy op- man said. eration to his brother Murman’s interest three years ago, Mur- in politics can be traced man said. Now that to his parents. His fa- he has returned to Lin- ther, a dairy and row coln as a state senator, crop farmer, served on the routine reminds the boards of several him of his younger dairy organizations, days as a dairy farmer as Murman later did. when “about all I had His mother—“a big fan time to do was work,” of FDR”—helped with Murman said. elections during his In his free time, he school years. At the likes to play sports, University of Nebraska- although time has im- Lincoln, Murman ma- Sen. Dave Murman and his son Chase after winning a football championship in 2003. posed certain limits. jored in animal science, “I’ve had three but he also studied political science. shoulder surgeries, and they’re both torn again,” Mur- “I thought maybe I’d want to do something else besides man said. “If it wouldn’t be for that, I’d still be playing farm,” he said. basketball.” g

106TH LEGISLATURE • UNICAMERAL UPDATE • PAGE 3 March 12 - 15, 2019

useful life.” Programs under the Busi- ceived $15 million in matching private ness Innovation Act have proven more or other funds for the same purpose. successful at encouraging investment Kolterman, whose wife, Suzanne, and creating high-wage jobs, he said. died of pancreatic cancer 18 months Bill would alter economic Research has shown that every ago, said research about the disease is development tools for startups dollar invested by the state in the not well funded because it is relatively programs generates $6.91 of economic rare and has a high mortality rate. Nebraska would increase assistance activity, Rippe said. He said the goal of the bill is for available to startup companies through Also testifying in support was Erica UNMC to become a leader in pan- the state Department of Economic Wassinger of The StartUp Collabora- creatic cancer research, including Development under a bill heard March tive. Speaking on behalf of the Greater developing a screening that could help 13 by the Appropriations Committee. Omaha Chamber of Commerce, the prepare families for what is a “devastat- LB334, introduced by Gering Sen. Lincoln Chamber of Commerce and ing” diagnosis. , would eliminate the the Nebraska State Chamber of Com- “This is important research and it Angel Investment merce and Industry, Wassinger said the needs to be funded,” he said. “My wife Tax Credit and ap- collaborate has worked with more than taught me a lot of things—one thing propriate the $4 200 entrepreneurs in the last two years. was [to] dream big.” million cost sav- Startups have an annual economic Jeff Gold, chancellor of UNMC and ings to the DED impact in Nebraska of $284 million, the University of Nebraska at Omaha, to fund programs she said. testified in support of the bill on behalf under the Business “We know that it is difficult to get of the University of Nebraska. He said Innovation Act. Sen. John Stinner a venture off the ground,” Wassinger UNMC has individuals who are pre- The Angel Investment Tax Credit was said. “The Business Innovation Act pared to donate, but are waiting for a scheduled to terminate in 2022. has proven to be successful in doing commitment from the state to form a Stinner said the Business Innova- just that.” public-private partnership. tion Act funds five grant and loan No one testified in opposition and “We are not asking for a donation, programs that encourage innovation the committee took no immediate ac- we’re asking you to stand with us in and startup businesses in Nebraska. tion on LB334. this fight,” Gold said. The programs focus on early-stage Jim Armitage, who is a professor of businesses that need assistance rais- Funds sought for pancreatic oncology and hematology at UNMC, ing capital to get their enterprises cancer research also supported the proposal. Pancre- off the ground, he said, adding that atic cancer currently is the number Nebraska ranked last in the nation in The Appropriations Committee two cause of cancer death in the the availability of venture capital in a considered a proposal March 12 that U.S., he said, and the mortality rate 2010 study. would increase funding for pancreatic is increasing. Most people diagnosed “It’s essential that the Legislature cancer research. with pancreatic cancer die within two invest in Nebraska’s continual eco- LB669, sponsored by Seward Sen. years, he said. nomic growth,” Stinner said. “In order , “By supporting LB669, you can to do so, we need to address the lack would appropri- help UNMC physician-scientists of capital to help high-growth busi- ate $15 million increase the momentum needed to nesses—especially technology related from the Nebraska change the course of pancreatic cancer businesses—get started in Nebraska.” Health Care Cash for our fellow Nebraskans,” Armitage He said DED programs would be a Fund to the Uni- said. “[Pancreatic cancer] has vulner- better use of state funds than the An- versity of Nebraska abilities that, once discovered, are gel Investment Tax Credit, which has Medical Center for Sen. Mark Kolterman going to make it more treatable, more not been utilized fully in recent years. the establishment of a pancreatic can- curable and maybe preventable.” DED director Dave Rippe testified in cer research center. No one testified in opposition and support of the bill, saying the investment Under the bill, no funds would be the committee took no immediate tax credit has “reached the end of its distributed until the university has re- action on it.

PAGE 4 • UNICAMERAL UPDATE • 106TH LEGISLATURE March 12 - 15, 2019

“Our borrowers understand the a payday lender that has a principal terms and fees,” Schwartz said, “and place of business in the state to of- are more than capable of choosing the fer its products online. The bill also best financial option for themselves would mandate that all payday lenders and their families.” use the National Mortgage Licensing Small-principal installment Kent Rogert, speaking on behalf System and pay an additional licens- loans considered of the Nebraska Financial Service ing fee to be determined by the state Association, also testified in support Department of Banking and Finance. The Banking, Commerce and In- of the bill. He said the current payday Kolterman said the bill would give surance Committee heard testimony advance limit leads to customers tak- Nebraskans more alternatives for March 12 on a bill that would adopt ing out multiple loans with multiple small-dollar loans. the Unsecured Consumer Loan Li- lenders. Rogert said the bill would cre- “Consumers want to access credit censing Act. ate a new lending product that would online and the reality is that our con- LB265, introduced by Sen. Andrew give consumers more options. stituents are already accessing these La Grone of Gretna, would create Ken Smith of Nebraska Appleseed loans online, just through a lender a regulation and spoke in opposition to LB265. Smith that is not regulated and licensed by licensure structure said payday loans include “aggressive” this state,” Kolterman said. for unsecured con- fees that can cause borrowers to pay Justin Brady testified in favor of sumer installment more in interest than the amount that the bill on behalf of payday lender loans of less than they borrowed. Advance America. He said consumer $1,000 with a min- “We think [the bill] presents the protections passed last year—notice of imum term of 180 same dynamics of payday loans that total fees and annual percentage rate, days. Under the Sen. Andrew La Grone ensnare Nebraskans in cycles of debt,” limiting the fee for a returned check bill, payment on such a loan would Smith said. to $15, allowing for prepayment of a be limited to nine percent of the bor- Kevin Graham of Omaha Together loan without penalty and for a bor- rower’s gross monthly income. One Community also testified against rower to rescind a loan—would apply The bill also would cap fees charged the bill. He said 52,000 Nebraskans to online loans. by lenders at 20 percent of the first take out payday loans at an average Mark Quandahl, director of the $300 borrowed plus 7.5 percent of the annual interest rate of 404 percent. state Department of Banking and loan balance in excess of $300. Graham said he has spoken with many Finance, also testified in support. He “The bill creates another well- Nebraskans who have been taken ad- said the bill would allow the depart- regulated financial tool that is simple, vantage of by payday lenders. ment greater ability to monitor the transparent and reliable for hard- “None of them have told us that we activity of out-of-state lenders while in- working Nebraska families that need need more vehicles for payday lending creasing regulation of in-state lenders. access to credit,” La Grone said. in this state,” Graham said. “[The bill] provides the tool for Jeanette Schwartz of lender Ad- The committee took no immediate a more efficient system of licensing vance America testified in support action on LB265. renewal and filing, not only for the of the bill. Under current state law, industry, but also for the department,” she said, organizations like Advance Bill would expand online he said. America can lend a maximum of payday lending Kent Rogert testified in favor of $425 until the customer’s next payday. the bill on behalf of the Nebraska LB265 would fill a gap between that Nebraska providers of short-term, Financial Service Association. He said limit and the minimum loan amount delayed deposit loans—often called it would help protect consumers. that a bank would offer, she said. payday lenders—would be able to offer “There are online companies that Schwartz said she disagrees with the online loans under a bill considered aren’t [operating] in the best interest notion that payday lending custom- by the Banking, Commerce and Insur- of Nebraskans,” Rogert said. “This ers and individuals who need small ance Committee March 12. will go a long way toward helping loans are uneducated and being taken LB379, introduced by Seward Nebraskans not get into trouble with advantage of. Sen. Mark Kolterman, would allow bad actors.”

106TH LEGISLATURE • UNICAMERAL UPDATE • PAGE 5 March 12 - 15, 2019

James Goddard of Nebraska Apple- additional courses modeled after legislation introduced seed testified against LB379, saying it post-licensure, in- in the U.S. Senate. The measure is would expand payday lending. He said cluding real estate important, she said, because women that despite the protections passed in trust accounting, continue to earn considerably less 2018, payday loans still charge exces- brokerage finance, than men for doing the same work— sive interest and require loans to be business ethics and earning 80 percent of what their male paid off too quickly. risk management. counterparts make nationally. “Because of this, borrowers can still The Nebraska Sen. In Nebraska, the gap is even greater, get caught in a cycle of debt where they Real Estate Commission may extend she said, with women in the state pay off one loan and immediately take the post-licensure coursework require- earning 77 percent of what men earn. out a new one,” Goddard said. ment deadline for up to six months Women are almost half the work force, Tiffany Seibert Joekel of the Wom- under a hardship provision. yet the wage gap persists, she said, and en’s Fund of Omaha also testified The bill also requires that an ap- women lose more than $400,000 over against the bill. She said the state should plicant for a broker’s or salesperson’s the course of a 40-year career as a result. stop out-of-state lenders from operating license complete six class hours in a “LB217 is a bill to help close the in Nebraska rather than pass a bill legal- commission-approved course related wage gap between men and women,” izing online payday lending in the state. to professional practice and standards, Pansing Brooks said. “This [bill] “I don’t see anything in this bill and 12 hours in an approved real es- specifically protects employees who that would give me confidence that tate knowledge and skills class within disclose wages.” by opening this practice up to more 180 days of being issued a license. Sen. of Bellevue sup- lenders that we can be sure the borrow- LB384 passed on a vote of 31-10. ported the bill, saying it would allow ers are protected,” Seibert Joekel said. women to find out how their wages Also testifying against the bill was compare so that they can advocate for Julie Kalkowski of Nebraska Hope themselves in the workplace without Collaborative. Kalkowski said she fear of retaliation. works with low-income, single moth- “Allowing workers to talk to one ers, many of whom have taken out Bill aimed at wage another about the wages they receive payday loans. She said she none of her discrimination advanced is an important tool for women to clients have ever expressed a desire to use to know if they’re receiving less make payday lending easier. Lawmakers gave first-round ap- in wages so they can know to ask for “I cannot see how this can benefit proval March 14 to a bill intended more,” Crawford said. Nebraska consumers, I can only see to combat wage discrimination in A Business and Labor Committee how it can hurt low-income families,” Nebraska. amendment, adopted 30-1, would Kalkowski said. LB217, as introduced by Lincoln remove language limiting the pur- The committee took no immediate Sen. Patty pose of the bill to discussing wages to action on the bill. Pansing Brooks, determine equal pay for equal work. would prohibit The amendment also would change Real estate license changes an employer enforcement from the state Depart- approved from discharg- ment of Labor to the Nebraska Equal ing or retaliating Opportunity Commission. Lawmakers gave final approval against any em- Following adoption of the commit- March 15 to a bill that changes educa- ployee because Sen. tee amendment, lawmakers advanced tion requirements for new real estate he or she inquired about, discussed the bill to select file on a vote of 27-3. licensees in Nebraska. or disclosed comparative compensa- LB384, introduced by Fremont tion information for the purpose of Tipped minimum wage increase Sen. Lynne Walz, prohibits an indi- determining whether an employer is stalls vidual with a broker’s license from act- compensating employees in a manner ing as a designated broker for another that provides equal pay for equal work. After two days of debate, an at- licensee unless he or she has taken Pansing Brooks said the bill was tempt to increase the minimum wage

PAGE 6 • UNICAMERAL UPDATE • 106TH LEGISLATURE March 12 - 15, 2019 for persons who are compensated by “I dispute the contention that an way of gratuities stalled on general file increase in the tipped wage is anti- March 14. business,” McCollister said. “Govern- Currently, the tipped minimum ment [involvement] in our businesses wage in Nebrask is $2.13 per hour. is a fact of life and we should not get Update to American civics LB400, introduced by Omaha Sen. too distressed about it.” requirements amended, , Hastings Sen. filed returned to final round would increase the several amendments in an attempt to wage to 40 percent delay a vote on LB400. Most of the A bill on final reading that would of the standard employees at his restaurant make more update social studies requirements for minimum wage than the standard minimum wage Nebraska schools was amended March rate in 2020 and with gratuities, he said, calling the bill 15 after lawmakers voted to return it 50 percent in 2021. a “solution in search of a problem.” to select file. Sen. Megan Hunt If the standard “I want these folks to make good Senators had advanced the bill to minimum wage remains at its current money at what they do and I’m provid- the final round of debate on a vote of level of $9.00 per hour, the minimum ing them the opportunity ... to provide 40-2 after a successful cloture motion wage for persons compensated by way excellent service and get rewarded for earlier in the week. of gratuities would be $3.60 per hour that service,” Halloran said. “I think Peru Sen. , sponsor of in 2020 and $4.50 per hour in 2021. it’s important for us to keep in mind LB399, has said The tipped minimum wage last that the people who receive gratuities, the bill would be was increased in 1991, Hunt said, on average, are receiving ... $12.67 per the first major revi- while the standard minimum wage hour.” sion of the state’s has increased seven times during the The free market should set the civic education same period. tipped minimum wage, said Gretna standards since “I’m asking us ... to take the wage Sen. Andrew La Grone, who also op- the Americanism these people are working for from posed the bill. statutes’ adoption Sen. Julie Slama $2.13 an hour to $4.50 an hour to “I think we should allow ... restau- in 1949. The law requires school help them pay their taxes, to reduce rants to pay what people are willing boards to appoint three members to a their dependence on Medicare, Med- to work for,” he said. “Government committee on Americanism, which ap- icaid, SNAP and other government should not be mandating to businesses proves textbooks used in the teaching benefits, to help Nebraskans achieve what they have to spend on certain of American history and government. the upward mobility that has been lost things— in this instance, labor costs As amended on general file, LB399 to so many because of our changing associated with their business.” would require each school district to economy in the last 28 years,” she said. Lincoln Sen. in- incorporate into its curriculum either Lincoln Sen. Patty Pansing Brooks troduced an amendment that would an exam based on the the 100-question spoke in support of the bill, saying the make a single, one-time tipped mini- civics portion of the U.S. Citizenship Legislature should support workers as mum wage increase to $4.50 per hour, and Immigration Services naturaliza- much as it supports businesses. rather than the incremental approach tion test or a civics-focused project, “[I believe in] helping our people proposed in the original bill. paper or presentation. thrive and not working at every step The Legislature adjourned for the Currently, school boards, the state to make sure our Nebraskans have day before voting on LB400 or the Board of Education and superinten- difficulties in their employment, in pending amendments. Per a practice dents are responsible for carrying out the hard work that they do,” she said. implemented by Speaker Jim Scheer, the Americanism statutes’ require- Also supporting the bill was Sen. the sponsor of a bill that is facing a ments. Neglect of the statutes by any John McCollister of Omaha. The potential filibuster must demonstrate employee or appointed official is government already imposes restric- sufficient support for a cloture motion considered a dereliction of duty and tions on businesses to protect workers, before the measure will be scheduled a cause for dismissal. he said, and increasing the tipped for additional debate. Under an amendment introduced minimum wage is an extension of that. by Slama during select file debate

106TH LEGISLATURE • UNICAMERAL UPDATE • PAGE 7 March 12 - 15, 2019

March 12 and adopted 42-0, neglect of Lawmakers also agreed to consider would remove the original bill’s costs the statutes could be considered cause a technical amendment offered by to those institutions. for dismissal only for an employee. Slama to clarify language and fix gram- Anna Marie Stenka, who reported Sen. of Lincoln sup- matical errors. being sexually assaulted by another ported the amendment, saying it is Following adoption of Slama’s University of Nebraska-Lincoln stu- inappropriate for the current law to amendment on a 41-0 vote, senators dent while on a university-sponsored require the dismissal of an elected then re-advanced LB399 to final read- study abroad trip in 2017, testified school board member. ing by voice vote. in support of the bill. When Stenka Omaha Sen. Megan Hunt opposed reported the assault to the professor LB399 during debate March 12. She Sexual assault policies for who led the trip, the response was “to introduced an amendment that she higher education institutions be more careful about how I present said would preserve the bill’s intent proposed myself and not to be giving anyone the but would remove language that she wrong idea,” Stenka said. said veered into jingoism and authori- Community colleges, state col- “I experienced victim-blaming tarianism. The amendment failed on leges and the University of Nebraska language from my professor, who was a vote of 12-31. would be required to adopt policies supposed to be the one to connect After approximately three hours of on dating violence, domestic violence, me to mental and physical health re- select file debate over two days, Slama sexual assault and stalking under a sources, to file a report with the Title filed a motion to invoke cloture, or bill heard March 12 by the Education IX office and to even ask if I wanted to cease debate and vote on the bill. The Committee. pursue a police report and legal action, motion succeeded on a vote of 40-3. LB702, introduced by Omaha Sen. but none of these things happened,” Lawmakers then voted to advance the , would require Stenka said. bill to the final round of debate. postsecondary Marcee Metzger, executive direc- On March 15, Senators voted to institutions to tor at Voices of Hope, also testified return the bill to select file to consider establish rules in support, saying the bill’s require- an amendment offered by Omaha and procedures ments would make campuses safer. A Sen. that would exempt for resolving al- proposed change to federal Title IX from the proposed curriculum require- legations of dat- regulations would require schools only ments students receiving specialized ing violence, do- to investigate misconduct that occurs instruction for limited English profi- mestic violence, Sen. Machaela Cavanaugh within school-sponsored programs or ciency who have been receiving such sexual assault or stalking by students activities, Metzger said, but LB702 instruction for less than two years. and employees and provide a method would require them to investigate an in- Any student receiving special for anonymously reporting those in- cident regardless of where it took place. education services for whom the cur- cidents whether they occur on, near Although most of the state’s post- riculum would conflict with his or or off campus. secondary institutions have sexual her individualized education plan also The bill also would require each assault and domestic violence policies would be exempt. institution to have at least one confi- in their student codes of conduct, she Sen. Mike Groene of North Platte dential resource advisor who would be said, those policies were not developed opposed the amendment, saying a trained in trauma-informed response. with a current understanding of how student whose IEP conflicts with any Cavanaugh said the state’s postsec- individuals respond to traumatic of those options already would be ex- ondary institutions already meet some events. LB702 would require trauma- empt. Although the amendment was of the bill’s requirements, but LB702 informed policies, Metzger said. well-meaning, he said, it might prevent would ensure that each school handles Tami Strickman, Title IX coordina- some English language learners who incidents in the same way. tor at UNL, testified in opposition to are immigrants from preparing for a Cavanaugh brought an amend- the bill on behalf of the University of test they will take if they choose to ment to the hearing that she said Nebraska. The university is committed become citizens. would address postsecondary insti- to preventing sexual misconduct and The amendment failed on a vote tutions’ concerns about the bill as supporting those affected by it, she of 21-20. introduced. She said the changes also said, but LB702 would interfere with

PAGE 8 • UNICAMERAL UPDATE • 106TH LEGISLATURE March 12 - 15, 2019 the Board of Regents’ constitutional tion under a bill considered March said he learned after the election that authority to manage the university. 13 by the Government, Military and the organization was located in New Additionally, Strickman said, some Veterans Affairs Committee. Hampshire and ran ads opposing Med- of the bill’s provisions conflict with cur- Sen. Sue Crawford of Bellevue icaid expansion in every state in which rent and proposed federal regulations. said she introduced the issue was on the ballot. The committee took no immediate LB210 to “close a Frank Daley, director of the Ne- action on the bill. loophole” in state braska Accountability and Disclosure election law by Commission, also testified in support requiring that an of the bill. Some ads are deceptive, individual who Daley said, skirting the law by not spends more than explicitly favoring or opposing a can- $1,000 on election- Sen. Sue Crawford didate or cause but heavily implying eering communications must file a re- how a person should vote. Critical infrastructure public port with the Nebraska Accountability “This has become a regular feature records bill approved and Disclosure Commission. of elections,” Daley said. The report would include the names No one testified against LB210 and Lawmakers passed bill March 15 in- of all individuals who contributed $250 the committee took no immediate tended to protect information related or more to the communication. action on it. to critical infrastructure in Nebraska. The bill would define electioneer- Current law allows for withholding ing communications as advertise- Bill would create census certain information from disclosure ments that clearly refer to a candidate commission under Nebraska’s public records law. or ballot initiative, are distributed LB16, sponsored within 30 days of an election and are The Government, Military and by Albion Sen. directed to the electorate. Veterans Affairs Committee heard , adds “If powerful groups or organiza- testimony March 13 on a bill intended physical and cyber tions are pouring money into Nebras- to increase Nebraska’s participation in assets of critical en- ka to shape campaigns and elections, the 2020 U.S. Census. ergy or electric in- the citizens and candidates have a right LB436, introduced by Sen. Matt frastructure, if the to know who they are,” Crawford said. Hansen of Lin- disclosure would Sen. Tom Briese Voter guides, news stories, gov- coln, would cre- threaten national security, public ernment-issued communications and ate the Complete health or safety. other communication deemed educa- Count Commis- The bill also prohibits disclosure tional would be exempt from LB210. sion consisting of of the identity of personnel whose Jack Gould of Common Cause Nebraska’s speaker primary job makes them responsible Nebraska testified in favor of the bill. of the Legislature, for providing or granting access to A group called Trees of Liberty pro- governor, secretary Sen. physical or cyber assets or operating duced ads opposing three Nebraska of state and a variety of other civic and maintaining those assets, if a legislative candidates that aired days leaders from around the state. reasonable person would conclude before the 2016 election, he said. The The commission would create an that such a public disclosure would ads were filled with “half-truths,” he outreach strategy involving state agen- create a substantial likelihood of risk said, and the targeted candidates had cies, schools, nonprofits and other or- to those assets. no time to react. ganizations to encourage Nebraskans LB16 passed on a 45-0 vote. “Then, Trees of Liberty disap- to provide accurate information to peared almost as quickly as it ap- census workers. Expanded reporting sought for peared,” Gould said. The commission would be required certain political advertisements He added that a group called Alli- to submit an interim report to the ance for Taxpayers began airing televi- Legislature by Dec. 1, 2019, and a final Electioneering communications sion ads opposing Medicaid expansion report by Dec. 31, 2020. would be subject to increased regula- shortly before the 2018 election. Gould Hansen said he modeled LB436

106TH LEGISLATURE • UNICAMERAL UPDATE • PAGE 9 March 12 - 15, 2019 after similar legislation passed in ugh, sponsor of Greater polling place acces- other states. Ensuring inclusion of all LB709, said the sibility sought Nebraskans in the census count would building should help the state maintain seats in the have a designat- The Government, Military and House of Representatives and increase ed place for nurs- Veterans Affairs Committee heard tes- federal funding, he said. ing mothers who timony March 14 on a bill that would “Getting a complete, accurate count work in and visit make polling sites more accessible to in the census is vital to the funding and the Capitol—a Sen. Machaela Cavanaugh voters with limited mobility. operation of our state,” Hansen said. space that is not simply a stall in a pub- Omaha Sen. said he “The fact that it happens only once lic restroom. Women need an area that introduced LB733 every 10 years makes it even more im- is private and hygienic, she said, which to bring Nebraska portant that we do it correctly.” public restrooms are not. into compliance Julia Tse of Voices for Children “I very strongly believe that this with the federal in Nebraska spoke in favor of the is the people’s building and that the Help America Vote bill. Nationally, one million children building should reflect that,” Cava- Act of 2002 and younger than five were not counted in naugh said, adding that she has been the Americans with the last census, Tse said, adding that encouraged by the support the bill Disabilities Act. Sen. Rick Kolowski non-white and poor children are the has found among state agencies that The bill would require that polling most likely to be omitted. occupy the Capitol. places provide: “School districts also use the decen- Under the bill, the space provided • at least one handicap-accessible nial census data, so there’s another could not be a bathroom and must parking space per 25 spaces; issue in planning if there are way more be shielded from view and free from • a voting booth that can accom- children in a district [than reported],” intrusion by the public. The bill also modate a wheelchair; Tse said. would require that the space have run- • at least one designated van- Gavin Geis, director of Common ning water and electrical outlets that accessible parking space with Cause Nebraska, also spoke in favor of could be used to express breast milk appropriate surrounding space; the bill. He said the commission pro- by any person authorized to be in the • signs indicating that a poll posed under LB436 could help educate State Capitol Building. worker is available to bring Nebraskans on the value of the census Scout Richters testified in support a ballot to the parking lot to and clear up misconceptions. of the bill on behalf of the ACLU of enable someone to vote from “Many constituencies are afraid of Nebraska. Many breastfeeding women their vehicle, including a phone the census,” Geis said. “They don’t face discrimination, she said, and number to call a poll worker for know what it means when people LB709 would ensure that they have assistance; come knocking at their door or, if they an appropriate space in the Capitol. • routes to an accessible entrance, get counted, where that data goes.” “The ACLU of Nebraska supports inside and outside the building, No one testified against LB436 and [this bill] because breastfeeding is a civil that are at least 36 inches wide the committee took no immediate right, a gender equity concern and an and free from obstructions; and action on it. equal justice issue,” Richters said. • a firm and slip-resistant floor in Bob Ripley, capitol administrator the voting area. Bill would require Capitol for the Office of the Capitol Com- The bill also would mandate bien- space to express breast milk mission, provided neutral testimony. nial training for election commission- He said the commission recently ers and county clerks to ensure that The administrator of the Nebraska purchased a “lactation pod” as a tem- they are aware of current accessibility State Capitol Building would be re- porary solution, which should be standards. quired to provide a space to express available for use by senators, staff and Kolowski said urban areas have breast milk under a bill considered the public by the end of April. higher compliance with federal law March 15 by the Government, Mili- No one testified in opposition to than rural areas, but, “all geographic tary and Veterans Affairs Committee. the bill and the committee took no regions of the state have areas that Omaha Sen. Machaela Cavana- immediate action on it. need improvement.”

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Edison McDonald, director of the Sen. , sure after a sixth violation. Arc of Nebraska, testified in support waives initial licens- Hunt said she would file an amend- of the bill. He said current Nebraska ing fees for indi- ment to remove the licensure revoca- law is incomplete and inadequate, par- viduals who: tion provision, and instead substitute a ticularly in regard to the right to vote • are 18 to 25; $1,000 fine for a second and all subse- from one’s vehicle at a polling place. • have a house- quent violations. The state Department “If someone drives up, they’re not hold income of Health and Human Services would be going to know they can curbside vote less than 130 Sen. Sara Howard responsible for investigating noncompli- or how they can curbside vote. What percent of the federal poverty ance complaints against hospitals. are they going to do, honk really loudly level or are enrolled in a state or Hunt said it is “unethical” and and hope somebody comes out?” Mc- federal assistance program; and “inhumane” to withhold information Donald said. • are active duty services members about emergency contraception from John Cartier of Civic Nebraska also or their spouses, honorably sexual assault survivors and stressed testified in support. He said federal discharged veterans or their that taking an emergency contracep- funds already have been allocated to spouses and un-remarried sur- tive is not akin to abortion. bring polling places into compliance. viving spouses of deceased “If you are pregnant, emergency “This means community centers, service members. contraception will not end your preg- churches and many other places where The bill was approved by a vote nancy,” Hunt said. Nebraskans congregate will get the of 37-0. Raechel Kramer with Planned Par- upgrades necessary,” Cartier said. enthood of the Heartland testified in Also testifying in support was Bill would require emergency support of the bill. Kramer said emer- Wayne Bena, Nebraska deputy secre- contraception information for gency contraception, including Plan tary of state for elections. He referred assault survivors B and other protocols, can prevent a to a Pew Research Center study that pregnancy if taken within three to five found Nebraska had the highest voting The Health and Human Services days after an assault. rate for people with disabilities in the Committee heard testimony March 14 She added that many of her clients nation, but acknowledged that work on a bill that would require hospitals weren’t told of such an option at a remains to be done. He said the sec- to offer more information to sexual hospital, or were denied emergency retary of state’s office is committed to assault survivors. contraceptive care. helping counties improve accessibility. LB555, introduced by Omaha Sen. “A survivor cannot have a positive “I don’t want to buy toys to buy Megan Hunt, would mandate that experience with a health care system toys, I want to find out what actually hospitals provid- that doesn’t provide them with every- works,” Bena said. ing emergency care thing they need in order to move for- No one testified against LB733 and for a sexual assault ward from their assault,” Kramer said. the committee took no immediate survivor provide Amy Miller, a medical student, also action on it. medically and fac- spoke in support of the bill. She said tually accurate in- emergency contraception prevents ovu- formation about lation, thereby preventing pregnancy. emergency contra- Sen. Megan Hunt “These medications do not cause ception such as Plan B. Hospitals abortions. They are ineffective once also would be required to dispense a implantation [of a fertilized ova] has complete course of emergency contra- occurred,” Miller said. Licensure fee waiver approved ception to a survivor who requests it. Also testifying in support was Tif- As introduced, the bill would create fany Seibert Joekel of the Women’s Senators passed a bill March 15 an exemption for health care workers Fund of Omaha. She said LB555 would that waives initial licensing fees for a with moral or religious objections to help a survivor’s recovery from assault. variety of health professions under the contraception and would create penal- “Victims of sexual assault have had Uniform Credentialing Act. ties for hospitals that do not comply, their power and control absolutely LB112, introduced by Omaha including loss or suspension of licen- taken away from them,” Seibert Joekel

106TH LEGISLATURE • UNICAMERAL UPDATE • PAGE 11 March 12 - 15, 2019 said. “We’re asking health care provid- for lead-based paint during the sale or living in a house that, testing revealed, ers to reinstate some of that power and rental of older residences in Nebraska. contained lead 100 times greater than control by giving them all the informa- LB653, introduced by Omaha Sen. the action level recommended by the tion that is available.” Justin Wayne, would mandate that the Environmental Protection Agency. Marion Miner testified against the owner of a residen- “[The story] is the norm for many bill on behalf of the Nebraska Catho- tial property built of the families we work with every lic Conference. Miner disagreed with before 1978 pay day,” Sheets said. the contention that emergency contra- for a lead dust wipe John Chatelain of the Metropoli- ception does not cause an abortion. assessment within tan Omaha Property Owners Associa- “Because a new, unique and dis- 90 days of either tion testified against the bill. He said tinct human being comes into exis- selling or leasing problems associated with lead-based tence at fertilization, administration the property. The Sen. Justin Wayne paint have dropped dramatically since of emergency contraception after fer- bill also would require the buyer or the 1990s. tilization, including before implanta- tenant to receive a copy of the assess- “This issue has been addressed, suc- tion, results in the direct termination ment’s results. cessfully, by the landlords for years,” of a human life,” Miner said. The state Department of Health Chatelain said. “I think the issue has Darrell Klein of the state Depart- and Human Services would be re- already been taken care of.” ment of Health and Human Services quired to develop a registry of certi- Chatelain added that the bill could also testified against the bill. Klein fied lead-free residences in Nebraska cause rents to increase. said the department supports offering and issue certificates to owners if a Gene Eckel of the Apartment As- medical advice to sexual assault sur- residence is declared to be free of sociation of Nebraska also spoke in vivors but opposes the punishments lead-based paint. opposition to LB653. He said many outlined in the bill as introduced. LB653 would take effect Jan. 1, tests for lead-based paint provide Klein said LB555’s investigation 2020. misleading results, and the cost of requirements, particularly a provision Wayne said an estimated 522,000 remediation can be higher than the requiring immediate investigation houses in Nebraska were built before value of an older residence. of a complaint, were at odds with 1978, when lead-based paint was The committee took no immediate provisions of the Health Care Facility banned. action on the bill. Licensure Act. “Having safe and affordable hous- “Investigative staff would have to be ing is critical to Nebraska, and the key reassigned,” Klein said. “This will de- word in that is ‘safe’,” Wayne said. lay current investigations and surveys “Prolonged exposure to lead damages and increase travel costs as surveyors brains, kidneys and nervous systems. typically travel together and [the bill Lead can create learning disabilities Bill would prohibit minor may] require individual travel.” and major behavioral problems.” consent defense In her closing statement, Hunt Maddie Fennell, director of the Ne- said the department’s objections were braska State Education Association, Members of the Judiciary Commit- “reasonable” and that her forthcom- testified in support of the bill. Lead is tee heard testimony March 13 on a bill ing amendment would help address a toxin, she said, which is particularly that would provide stronger sexual those concerns. harmful to children. assault protections. The committee took no immediate “I’ve taught children who have suf- LB478, intro- action on LB555. fered from lead poisoning and it was duced by Omaha heartbreaking to see them struggle Sen. Tony Vargas, Residential testing for lead- from something that could easily be would prohibit based paint proposed prevented,” Fennell said. consent by a mi- Ian Sheets of the Omaha Healthy nor under 18 from The Health and Human Services Kids Alliance also testified in favor of being used as a de- Committee heard testimony March LB653. Sheets, who tests homes for fense or mitigating Sen. Tony Vargas 15 on a bill that would require testing lead, told the story of a two-year-old factor in a civil case arising out of a

PAGE 12 • UNICAMERAL UPDATE • 106TH LEGISLATURE March 12 - 15, 2019

sexual assault perpetrated by an adult in eliminate a statute of limitation for over complicated legal proceedings. a position of authority over the minor. creation of child pornography or labor “Unfortunately, the option for jus- Vargas said that in 2017 a Florida or sex trafficking of a minor. tice is often unavailable to survivors in court found four third graders at least Approximately 47 Nebraska school Nebraska because our current statute partially at fault when they were mo- girls are trafficked each year through of limitations [prevents] survivors lested by a teacher. exploitation by force, fraud, coercion from pursuing legal action if they “It should be easy to say that a third and deception, Slama said. were victimized more than three years grader cannot consent to sexual activ- “We need to be able to help the ago,” she said. “LB519 will increase ity or that a third grader cannot be victims of human trafficking and allow opportunities for justice and offender ‘careless and negligent’ or ‘old enough them time to heal and feel comfort- accountability, as well as provide law to know better’ when a teacher molests able about reporting the crimes that enforcement tools for investigation them,” Vargas said. “We have a duty occurred against them,” she said. “We and prosecution of traffickers.” as elected officials to protect the most also need to ensure law enforcement Spike Eickholt, representing the vulnerable among us.” has the tools necessary to crack down Nebraska Criminal Defense Attorneys He said there currently is nothing on human trafficking.” Association, opposed the elimination in Nebraska statutes that prevents vic- The bill would increase the statute of certain statutes of limitation, saying tims in civil cases from being blamed of limitations from three years to that they serve a distinct purpose. under a defense known as “compara- seven for labor or sex trafficking of an “[Statutes of limitation] provide tive negligence,” which means both adult. It also would extend the statute some sense of finality ... that a person parties share fault in a matter. of limitations for possession of child can move on with their life and are no John Lindsay, representing the pornography to seven years, or seven longer in danger,” Eickholt said. “At Nebraska Association of Trial At- years beyond a victim’s 18th birthday. some point the person ought to be free torneys, spoke in support of the bill. Finally, LB519 would allow law from risk of prosecution.” LB478 would close a loophole in state enforcement to apply for wiretap statute, he said. authorization to intercept electronic “The Nebraska Legislature for years communications relating to labor or has said that a minor under the age of sex trafficking of adults and minors. 16 is incapable of consenting,” Lindsay Anna Brewer, speaking on behalf said, adding that if a minor cannot of the state attorney general’s office, legally consent it would be “absurd” to spoke specifically in support of the Merger of energy, environmental hold them partially at fault in a sexual bill’s proposed authorization of law quality agencies approved assault case. enforcement wiretapping. She said sex No one testified in opposition to traffickers often use electronic devices Lawmakers voted March 15 to ap- the bill and the committee took no to advertise the sale of children and prove a merger of the state agencies immediate action on it. vulnerable adults, communicate with responsible for recommending state buyers and control the people they energy policies and administering Extended statutes of limitation exploit. Nebraska’s environmental regulations. considered “Being able to intercept these com- LB302, introduced by Venango munications will enable law enforce- Sen. Dan Hughes on behalf of Gov. A bill that would extend and ment officers to collect and prove, or , au- eliminate certain statutes of limita- disprove, disrupt and dismantle the thorizes the trans- tion for labor and criminal enterprises that engage in fer of statutory sex trafficking was human trafficking,” Brewer said. powers, employees considered March Meghan Malik also spoke in sup- and assets of the 13 by the Judiciary port of the bill. Trafficking survivors State Energy Of- Committee. suffer severe physical and emotional fice into the state LB519, intro- abuse, Malik said, and may not pursue Department of Sen. Dan Hughes duced by Peru Sen. justice promptly due to fear of retalia- Environmental Quality on July 1, Julie Slama, would Sen. Julie Slama tion by their traffickers or confusion 2019. The new agency will be named

106TH LEGISLATURE • UNICAMERAL UPDATE • PAGE 13 March 12 - 15, 2019 the Department of Environment and LB319 makes optional rather than of the state’s NRDs when they created Energy and the current director of mandatory the department’s adop- an interlocal agency called N-CORPE environmental quality will lead it. tion and promulgation of rules and (Nebraska Cooperative Republican The Nebraska Energy Office serves regulations regarding the allocation Platte Enhancement) in 2012. as the central repository for energy and expenditure of money from the N-CORPE bought approximately data relevant to Nebraska and pro- Water Resources Trust Fund, which 20,000 acres of land in Lincoln County vides the public with information on holds state and federal funds used to and retired most of it from irrigation so energy sources, use and conservation, pay for the management and protec- that it could pump groundwater from in addition to other duties. The state tion of the state’s groundwater. the Ogallala Aquifer into the Repub- Department of Environmental Qual- LB319 also makes the department’s lican and Platte rivers. This helps the ity administers the rules, regulations adoption of rules and regulations state meet streamflow requirements un- and standards adopted to protect and governing the matters over which it der a Colorado, Kansas and Nebraska improve water, air and land quality in has jurisdiction—water rights for irriga- water use compact as well as a federal Nebraska. tion, power or other useful purposes— and state plan to preserve wildlife habi- LB302 authorizes the newly created optional rather than mandatory. tat along the central Platte River. department to assume responsibility Senators voted 43-1 to pass the bill. The Upper Republican NRD for a permit program related to the bought land in Dundy County near discharge of dredged or fill material Sale of streamflow augmenta- the headwaters of Rock Creek for the consistent with section 404 of the fed- tion project land considered same purpose. eral Clean Water Act. The permits are Groene said Nebraska’s common required for any project that encoun- The Natural Resources Committee law does not allow water rights to be ters “waters of the U.S.” as defined heard testimony March 13 on a bill transferred from the overlying land, under the act. Federal law allows the that would authorize natural resources but several Nebraska Supreme Court program, which is administered by the districts to sell land originally acquired rulings infer that the Legislature has the U.S. Army Corps of Engineers and the for a water augmentation project while power to make exceptions to that rule. Environmental Protection Agency, to retaining the right to use groundwater “As a result of passage of LB606,” be delegated to states with approved beneath that land. he said, “an NRD operating an programs. Introduced by North Platte Sen. augmentation project will become a LB302 passed on a 45-0 vote. Mike Groene, LB606 would autho- peculiar type of landowner granted rize each natural very special status with statutory rights Natural resources rulemaking resources district contravening common law.” changes approved to develop water Groene said the proposal would augmentation proj- assure N-CORPE board members that Lawmakers approved a change to ects for streamflow they could sell the land in Lincoln rulemaking requirements for the state enhancement and County without jeopardizing the proj- Department of Natural Resources to acquire real ect. The sale could generate up to $20 March 15. property for those Sen. Mike Groene million that could be used to pay off LB319, sponsored by Columbus projects. The governing NRD would the bond used to purchase the land, Sen. Mike Moser, be required to allocate the amount of he said. It also would eliminate much repeals a require- groundwater that may be withdrawn of the project’s annual operating cost, ment that the for the project. Groene said, which would allow for a department send After the project has been devel- reduction in its main funding source, county, city and vil- oped, the project’s owner could sell a $10 per acre occupation tax on lage clerks notice of the property and continue to pump irrigated farm land within the four hearings regarding the groundwater necessary for aug- participating NRDs. floodplain manage- Sen. Mike Moser mentation without regard to the land Additionally, Groene said, return- ment rules and regulations via mail. area or acres owned. ing the land to private ownership The bill also makes two changes to Groene said the bill would put into would boost the area’s economy by department rulemaking requirements. law what has been done already by four generating additional property tax

PAGE 14 • UNICAMERAL UPDATE • 106TH LEGISLATURE March 12 - 15, 2019 revenue for Lincoln County. per year. Project managers are seeking tion for small retailers with sales of A law passed by the Legislature last new ways to pay those expenses, Fan- $100,000 or less or 200 or fewer an- year allows NRDs and interlocal enti- ning said, such as leasing the land to nual transactions. ties that buy land for an augmentation renewable energy companies. LB284, sponsored by Omaha Sen. project to make voluntary payments Jeff Fassett, director of the state John McCollister, includes this stan- to counties in lieu of taxes up to the Department of Natural Resources, dard and requires amount that would have been paid if gave neutral testimony on LB606. He remote sellers ex- the land were subject to taxation. said any change to state law that would ceeding either of Ken Anderson, a Lincoln County allow for the sale of the land needs those thresholds in resident, testified in support of LB606. to be precise enough to ensure that the previous or cur- He said the augmentation project has the N-CORPE project can continue. rent calendar year cost the county a significant amount of The state attorney general’s office is to collect and remit property tax revenue. The bill would concerned that LB606 as introduced state sales tax. The Sen. John McCollister allow for the land to be returned to the poses some risk of litigation, Fassett bill also requires “multivendor market- tax roll without harming the project, said, and the department’s attorney place platforms”—online marketplaces Anderson said. believes it could have a “ricocheting such as Amazon or Ebay—to collect and Dan Estermann, a Lincoln County effect” on state water law. remit state sales tax for the smaller sell- rancher and Middle Republican NRD “The value of this particular proj- ers they serve if the marketplaces exceed board member, testified in support of ect—along with Rock Creek and the the thresholds. the bill on his own behalf. He agreed other management actions the NRDs The bill requires a retailer to obtain that LB606 would make it clear to are investing in—is absolutely what’s a permit from the state Department of board members that they could sell keeping the state in compliance with Revenue and begin collecting sales tax the land while maintaining the proj- our relationship to Kansas in the on or before the first day of the second ect. Cutting the N-CORPE project’s Republican River Compact,” he said. calendar month after it exceeds the operating budget would make it easier “That is something we do not want to threshold for the first time. to lower the occupation tax on irriga- place any risk on.” The Legislative Fiscal Office has tors, he added. The committee took no immediate estimated that requiring remote sellers Jasper Fanning, general manager action on the bill. to collect and remit state sales tax will of the Upper Republican NRD, testi- generate an additional $30 million to fied in opposition to the bill. He said $40 million in revenue each year. LB606 would create new legal risks Senators voted 43-0 to pass LB284. for the N-CORPE project rather than The bill’s provisions become operative protecting it. April 1. Over the next few years, Fanning Remote seller sales tax said, it may be possible to maintain requirements passed Sales tax exemption for compact compliance with fewer retired renewable energy equipment irrigated acres. He said this would Internet retailers without a physi- proposed allow the NRDs to sell some of the N- cal presence in Nebraska are required CORPE property to private owners as to collect and remit state sales tax on Wind turbines and solar panels irrigated land rather than dryland, as purchases made by Nebraska residents would be exempt from state sales and envisioned under LB606. N-CORPE under a bill passed by lawmakers use tax under a bill heard March 14 by could recoup more of its investment March 15. the Revenue Com- by selling the land at a higher value, The U.S. Supreme Court ruled last mittee. Fanning said. June in South Dakota v. Wayfair that a LB456, intro- Even if the land is sold, Fanning state may require online retailers with- duced by Omaha added, the project still would need to out a physical presence in the state to Sen. Steve Lath- maintain pipes and valves and pay oth- collect and remit state sales tax. rop, would create er operating expenses, which he said The South Dakota law at question a sales and use tax Sen. would total approximately $400,000 in the Wayfair case includes an excep- exemption for ma-

106TH LEGISLATURE • UNICAMERAL UPDATE • PAGE 15 March 12 - 15, 2019 chinery or equipment used to pro- which is not subject to state sales tax, An owner or operator of a retail duce or store electricity generated by he said. motor fuel site would be eligible to renewable energy sources including John Hansen, president of the Ne- apply for the grants, which could be wind, solar, geothermal, hydroelectric, braska Farmers Union, also testified in used only for infrastructure projects biomass and nuclear power. support. He said a sales tax exemption designed and used to store and dis- Lathrop said wind energy projects might be more enticing to wind energy pense E-15 or E-85 gasoline or a blend create jobs, provide lease payments to companies than the current sales tax of ethanol and gasoline from a pump landowners and generate tax revenue refund, which is subject to availability. designed to blend those fuels. for local governments. For farmers who agree to have wind Friesen said the bill is meant to in- A current tax incentive in the Ne- turbines on their property, Hansen crease the number of locations across braska Advantage Act has encouraged said, the additional income makes a the state where blended fuels with wind energy companies to invest in big difference in a time of low com- higher ethanol content, such as E-15, the state, Lathrop said. Renewable modity prices. He said wind energy E-30 and E-85, can be purchased. He energy companies participating in the development also benefits rural com- said those blends currently are not program currently receive a sales and munities by creating good-paying jobs widely available in Nebraska. use tax refund on qualified property with benefits. “Increasing access to E-15, E-30 and if they invest at least $20 million in “In rural communities … you can E-85 in Nebraska is hugely important the state. The program is set to end pretty much count on one hand the because renewable fuels have been a next year. folks in town that make over fifty great thing for Nebraska and higher Lathrop said he would support a thousand bucks,” Hansen said. “There blends of ethanol is … key to continu- similar provision in any new incentive just aren’t very many of those kinds ing growth of the industry,” he said. program, but said the sales tax exemp- of jobs.” A grant could not exceed the lesser tion in LB456 would do more to help No one testified in opposition to of 50 percent of the estimated cost Nebraska compete for wind energy the bill and the committee took no of the improvement or $30,000 for projects with neighboring states. immediate action on it. a three-year cost-share agreement. A “What this bill offers us is an op- grant could not exceed the lesser of portunity to stay in the game,” he said. Infrastructure grant program 70 percent of the estimated cost of the “Sometimes the difference between for ethanol-gasoline blends improvement or $50,000 for a five-year sales tax incentives and no sales tax proposed agreement. incentives could be the difference The office could provide up to $1 between taking a project and putting A state grant program would help million in grants annually from 2020 it in Nebraska or putting it in Kansas gas station owners install tanks and to 2024. or Texas.” pumps used to store and dispense Friesen said the bill also would re- David Bracht testified in support of ethanol-gasoline blends under a bill peal a sales and use tax exemption for the bill on behalf of NextEra Energy heard March 13 by the Revenue Com- bullion and currency. The additional Resources, the Nebraska Chamber mittee. tax revenue could be used to fund the of Commerce and Industry and the LB585, introduced by Sen. Curt grant program, he said. Greater Omaha Chamber of Com- Friesen of Hen- Steve Ebke of the Nebraska Corn merce. He said it boosts the state’s derson, would Growers Association testified in sup- economy when companies such as create a cost-share port of LB585. He said a similar pub- Facebook build data centers here be- grant program ad- lic-private partnership helped build cause of Nebraska’s abundant renew- ministered by the Nebraska’s ethanol industry, which able energy resources. Nebraska Energy he said creates jobs, increases the Bracht said the proposed sales Office meant to state’s tax base and brings investment tax exemption would help Nebraska improve retail Sen. to rural areas. Ebke said the proposed compete with other states that offer motor fuel sites by installing, replac- grant program would benefit Nebraska similar incentives. It also would treat ing or converting infrastructure used consumers by making ethanol blends renewable energy equipment the same to store, blend or dispense gasoline- available at more pumps. as other manufacturing equipment, ethanol blends. “E-15-capable infrastructure has not

PAGE 16 • UNICAMERAL UPDATE • 106TH LEGISLATURE March 12 - 15, 2019 expanded at the pace necessary to give Gender equity requirement pro- more leadership roles for women,” all Nebraska consumers a choice of this posed for tax incentive program he said. fuel,” he said. “LB585 will accelerate Tiffany Seibert Joekel testified in the availability of E-15 and higher etha- The Revenue Committee heard tes- support of the bill on behalf of the nol blends at the retail fuel locations.” timony March 15 on a bill that would Women’s Fund of Omaha. Women Dawn Caldwell, director of govern- require gender equity on the boards comprise 50.1 percent of Nebraska’s ment relations at the Aurora Coopera- of companies receiving state business population and nearly half of its tive, also testified in support, saying tax incentives. workforce, she said, but they are not the cooperative offers ethanol-blended LB724, introduced by Omaha equally represented in corporate lead- gasoline at several of its fueling sta- Sen. Tony Vargas, would amend the ership roles, even though women in tions to support local corn growers. Nebraska Advan- Nebraska are more highly educated Caldwell said sales have “gone tage Act so that a than men. through the roof” since the coop- domestic corpora- “We believe equal representa- erative installed an ethanol blender tion with a board tion in board positions is critical to pump—which allows consumers to of directors would impacting gender equity throughout select the blend of ethanol they wish not qualify for in- a company,” Seibert Joekel said. “In to buy—at its St. Paul location. centives under the order to achieve gender equity in the “We believe a state grant program act unless at least Sen. Tony Vargas workplace, it helps to have women at that can incent other retailers to do 50 percent of the company’s board of the top to help implement changes the same would make these products directors is female. that will impact the workforce at every available to more Nebraska consum- If a taxpayer fails to meet that level.” ers as well as those who are traveling requirement at any time during the Danielle Conrad, executive direc- through our state,” she said. period that the taxpayer is entitled tor of the ACLU of Nebraska, also Deb Evans-Olson of Lincoln Coin to receive incentives, the incentives testified in support. Federal and state and Bullion testified in opposition would be subject to recapture and laws have required companies to pay to the bill’s proposed repeal of the disallowance. The requirement would women and men equally for the same state sales tax exemption on bullion apply to applications submitted on or work for more than 50 years, Conrad and currency. Evans-Olson said she after the date LB724 goes into effect. said, but under current trends in Ne- and her husband advocated for the The bill defines female as “an indi- braska it will take until 2066 for the exemption when it was proposed in vidual who self-identifies as a woman, private market to correct the gender 2014 because they believed it would without regard to the individual’s wage gap, which she said is even more allow their business to compete with designated sex at birth.” pronounced for women of color. others in neighboring states that had Vargas said the bill is meant to ad- “By building up a culture of leader- adopted similar exemptions. dress a persistent gender pay gap and ship and gender equity and diversity “[The exemption] did allow us to the relatively low number of women in the boardroom,” Conrad said, “we stay in business and remain competi- in leadership roles in Nebraska compa- think that this is one creative approach tive,” she said. nies. He said companies that include to address the wage gap and to inspire Joe Kohout testified in opposition women on their boards have a higher more women to be involved in cor- to LB585 on behalf of the American return on equity, more innovative porate governance and leadership in Petroleum Institute, saying the mar- ideas and a stronger emphasis on our state.” ketplace is not ready for E-15. He research and development. Those are No one testified in opposition to cited a AAA report that found E-15 exactly the companies the current tax the bill and the committee took no could damage the engines of some incentive program intends to attract, immediate action on it. older vehicles, and he said some auto Vargas said. manufacturers caution owners against “We have the opportunity to use using fuel blends with more than 10 the Nebraska Advantage Act—which percent ethanol. has done a wonderful job of growing The committee took no immediate investment in our state—to incentivize action on the bill. publicly traded companies to provide

106TH LEGISLATURE • UNICAMERAL UPDATE • PAGE 17 March 12 - 15, 2019

er plate applicants to keep records Quick of Grand Is- associated with the transport of a land, expands the motor vehicle. Local Option Mu- The bill passed on a 45-0 vote. nicipal Economic Development Act, Transporter plate change which was passed approved in 1991. The act allows first- and Sen. Lawmakers passed a bill March 15 second-class cities and villages to use that changes a record retention law for local tax dollars for economic develop- transporter plates. Early childhood development ment projects through voter-approved LB699, intro- bill passes grants and loans. duced by Brainard LB160 adds early childhood de- Sen. Bruce Bostel- Lawmakers passed a bill March velopment infrastructure to the law’s man, decreases the 15 that allows municipalities to use scope. retention period local tax revenue for early childhood The measure was approved 36-7. g from six to three development infrastructure. years for transport- Sen. LB160, introduced by Sen. Dan

Youth Legislature Registration Open igh school students with an ing the current legislative session. interest in law, government, Hleadership or public speaking are Registrants are encouraged to ap- encouraged to register for the ply for a Speaker Greg Adams Civic 2019 Unicameral Youth Legislature, Scholarship award, which covers which will convene June 9-12. the full cost of admission. Applicants must submit a short essay. Other The Unicameral Youth Legislature $100 scholarships also are available. is a four-day legislative simulation conducted at the State Capitol The University of Nebraska–Lin- Building and coordinated by the coln’s Extension 4-H Youth Devel- Clerk’s Office of the Nebraska opment Office coordinates housing Legislature. Student senators will and recreational activities for the sponsor bills, conduct committee camp as part of their Big Red Sum- hearings, debate legislation and mer Camps program. discover the unique process of the Registration forms can be obtained nation’s only unicameral. from the Legislature’s Unicameral Students will learn about the inner Youth Legislature page: workings of the Legislature directly www.NebraskaLegislature.gov/uyl. from senators and staff. Bills will be based on legislation considered dur- The registration deadline is May 15.

PAGE 18 • UNICAMERAL UPDATE • 106TH LEGISLATURE March 12 - 15, 2019 Committee Hearings Current hearing schedules are available at: NebraskaLegislature.gov/calendar Monday, March 18 certificated school district employee Employees Retirement Act relating to a Appropriations LB568 (Morfeld) Provide for mental one-time lump sum payment to certain Room 1524 - 1:30 PM health first aid training for school retirement system members LB199 (Wishart) Appropriate funds to districts and change provisions relating LB706 (Lindstrom) Authorize a one-year the Supreme Court for court appointed to the use of lottery funds freeze of cost-of-living adjustments special advocate state aid under the Class V School Employees LB625 (Pansing Brooks) Appropriate General Affairs Retirement Act funds to the Department of Correctional Room 1510 - 1:30 PM Services LB252 (Geist) Provide a condition relating Wednesday, March 20 Agency 5: Supreme Court to advertisements by the state lottery Appropriations Agency 94: Commission on Public LB591 (Briese) Provide for alcohol Room 1003 - 1:30 PM Advocacy impact zones and provide duties for the LB678 (Vargas) Create the Volkswagen Agency 15: Neb. Board of Parole Nebraska Liquor Control Commission Settlement Cash Fund and provide Agency 46: Dept. of Correctional LB722 (Albrecht) Authorize seizure duties for the Department of Services of gray devices under the Nebraska Environmental Quality Agency 11: Attorney General County and City Lottery Act Agency 71: Nebraska Energy Office Agency 33: Game and Parks Commission Banking, Commerce & Insurance Tuesday, March 19 Agency 18: Dept. of Agriculture Room 1507 - 1:30 PM Appropriations Agency 29: Dept. of Natural Resources LB573 (M. Hansen) Change provisions Room 1524 - 1:30 PM Agency 84: Dept. of Environmental relating to agreements under the LB292 (Vargas) Appropriate funds to Quality Intergovernmental Risk Management Act the State Department of Education Agency 13: Dept. of Education Government, Military & Veterans Affairs Business & Labor Agency 32: Board of Educational Lands Room 1507 - 1:30 PM Warner Chamber - 1:30 PM and Funds LB581 (Albrecht) Require the use LB577 (Vargas) Provide additional powers Agency 69: Neb. Arts Council of generally accepted accounting to the Commissioner of Labor related to Agency 34: Neb. Library Commission principles in preparing budgets under investigations under and violations of the Agency 47: Neb. Educational the Nebraska Budget Act Employee Classification Act Telecommunications Commission LB717 (Brewer) Provide requirements LB428 (Friesen) Change eligibility for state contracts regarding hours for benefits under the Employment Education billed for computer services Security Law for certain workers in the Room 1525 - 1:30 PM construction industry LB679 (DeBoer) Create the School Health & Human Services LB576 (Lathrop) Change provisions Financing Review Commission Room 1510 - 1:00 PM relating to presumptions regarding LB647 (Wayne) Include virtual school Appointments: Randy Boldt, John causes of death or disability of certain students in the state aid to schools Bonta, Karen Bowlin, Ann Fiala, firefighters and firefighter-paramedics formula Michael Miller, Carl Rennerfeldt - Board LB360 (M. Hansen) Provide for LB350 (Morfeld) Provide a budget of Emergency Medical Services settlement of claims of nonresident exception for expanded learning alien dependents under the Nebraska opportunity programs Health & Human Services Workers’ Compensation Act LB351 (Morfeld) Provide for school Room 1510 - 1:30 PM LB363 (M. Hansen) Adopt the In the district levy and bonding authority for LB135 (Stinner) Change provisions Line of Duty Compensation Act cybersecurity and violence prevention relating to students in emergency medical services training Education Nebraska Retirement Systems LB701 (Bostelman) Require billing for Room 1525 - 1:30 PM Room 1507 - 5:00 PM emergency medical services LB668 (Vargas) Adopt the Alternative LB31 (Kolterman) Provide for a work plan LB347 (Murman) Exempt reflexology Certification for Quality Teachers Act relating to a transfer of management of from licensure under the Massage LB640 (Howard) Include study relative the retirement system operated under the Therapy Practice Act to the Holocaust and other genocides Class V School Employees Retirement in provisions relating to multicultural Act to the Nebraska Public Employees Judiciary education Retirement Systems and to require a Warner Chamber - 1:30 PM LB537 (Lathrop) Change provisions report and provide duties LB89 (Wayne) Change certain marijuana relating to actions with regard to LB683 (Kolterman) Provide for a penalties the performance or conduct of a work plan under the Class V School LB90 (Wayne) Make post-release

106TH LEGISLATURE • UNICAMERAL UPDATE • PAGE 19 March 12 - 15, 2019 Committee Hearings Current hearing schedules are available at: NebraskaLegislature.gov/calendar supervision optional for Class IV felonies Health & Human Services Code Advisory Board LB91 (Wayne) Provide for deferred Room 1510 - 1:30 PM LB19 (Briese) Allow withholding from judgments by courts as prescribed LB629 (Pansing Brooks) Provide criteria public of reports of injury under the LB209 (Albrecht) Require information for recipients of Title X grant funds Nebraska Workers’ Compensation Act regarding reversal of medication abortion LB735 (Chambers) Provide a duty for as prescribed and provide duties for the LB503 (Hunt) Eliminate requirement the Department of Health and Human Nebraska Workers’ Compensation Court that physician be physically present Services LB178 (Hilgers) Change provisions in same room when an abortion is relating to workers’ compensation performed Judiciary claims, tort claims against the state, LB652 (Wayne) Change a penalty for Warner Chamber - 1:30 PM and state vehicles controlled substance possession as LB308 (Lathrop) Change provisions LB464 (M. Hansen) Provide for prescribed relating to commencement of civil payment of claims against the state LB684 (Lathrop) Change provisions actions, voluntary appearances, and LB465 (M. Hansen) Deny payment of relating to post-release supervision for waivers of defenses claims against the state Class IV felonies LB324 (La Grone) Change immunity from liability under the 911 Service Education Revenue System Act Room 1525 - 1:30 PM Room 1524 - 1:30 PM LB392 (Lathrop) Change hearsay provi- Appointments: Patricia Kircher, Paul LB560 (Geist) Change provisions sions in the Nebraska Evidence Rules Turman, Greg Adams - Neb. Educational relating to tax credits under the LB491 (Wayne) Authorize punitive Telecommunications Commission Beginning Farmer Tax Credit Act damages as prescribed LB676 (Groene) Change provisions LB623 (Williams) Change provisions LB517 (Pansing Brooks) Change human relating to school districts and the relating to qualifications under the trafficking civil damage provisions reorganization of school districts Beginning Farmer Tax Credit Act LB685 (Lathrop) Prohibit the denial or LB725 (Walz) Provide for reimbursements LB542 (Lowe) Adopt the Firearm Safety delay of a remedy by due course of law to school districts and educational Act and provide a tax credit as prescribed service units for mental health LB605 (Lindstrom) Adopt the Renewable expenditures Chemical Production Tax Credit Act Monday, March 25 LB488 (Howard) Adopt school district Appropriations requirements for mental health education Thursday, March 21 Room 1524 - 1:30 PM and change school district requirements Appropriations LB181 (Bolz) Require a report from for drug awareness and prevention Room 1003 - 1:30 PM the Department of Health and Human LB129 (Wayne) Appropriate funds to Services to the Appropriations Tuesday, March 26 the Department of Transportation Committee of the Legislature regarding Appropriations LB394 (Wishart) State intent relating to long-term care sustainability Room 1524 - 1:30 PM an appropriation to the Department of LB24 (Kolterman) Appropriate funds to LB202 (Wishart) Designate funds Transportation the Department of Health and Human appropriated to the Department of LB494 (Wayne) Appropriate funds to Services Health and Human Services for state aid the Department of Transportation LB403 (Stinner) Provide a duty for LB226 (Quick) State intent relating Agency 27: Dept. of Transportation the Department of Health and Human to appropriations for the Youth Agency 31: Military Department Services when calculating certain Rehabilitation and Treatment Center- Agency 36: State Racing Commission medicaid rates Kearney and the Youth Rehabilitation LB404 (Stinner) State intent relating to and Treatment Center-Geneva Government, Military & Veterans Affairs medicaid budgeting LB326 (Quick) Appropriate funds to Room 1507 - 1:30 PM LB480 (Quick) State intent relating to the Department of Health and Human Appointments: Richard Grauerholz, appropriations to local public health Services Tim Hofbauer, Trent D. Kleinow - State departments LB327 (Bolz) State intent to appropriate Emergency Response Commission Agency 28: Dept. of Veterans’ Affairs funds for an increase in rates paid to Agency 25: HHS - Medicaid, Public behavioral health service providers Health & Human Services Health, Long Term Care LB485 (Lowe) State intent relating to an Room 1510 - 1:00 PM appropriation for the Youth Rehabilitation Appointment: Smith, Dannette R. - Business & Labor and Treatment Center-Kearney Department of Health and Human Warner Chamber - 1:30 PM LB558 (Hilkemann) Appropriate funds Services Appointments: Scott Hollman, Steven to the Department of Health and Bley, Thomas Phipps - Boiler Safety Human Services

PAGE 20 • UNICAMERAL UPDATE • 106TH LEGISLATURE March 12 - 15, 2019 Committee Hearings Current hearing schedules are available at: NebraskaLegislature.gov/calendar

Agency 25: HHS - Children and Family LB539 (Walz) Redefine abuse under the LB97 (Wayne) Change provisions Services, Developmental Disabilities, Adult Protective Services Act relating to highway funding Behavioral Health, Facilities LB578 (La Grone) Provide for venue LB338 (Wayne) Change calculation of of legal proceedings challenging laws gasoline tax and distribution of proceeds Education regarding redistricting Room 1525 - 1:30 PM LB686 (Lathrop) Change provisions Thursday, March 28 Appointments: John Chaney, Robert relating to correctional system Health & Human Services Engles - Board of Trustees of the emergencies Room 1510 - 1:00 PM Nebraska State Colleges Community Services Block Grant Briefing Appointment: Dwayne B. Probyn - Nebraska Retirement Systems Board of Educational Lands and Funds Room 1507 - 12:00 PM Judiciary LB358 (Walz) Change provisions related • Presentation of the Nebraska Warner Chamber - 1:30 PM to early childhood education in the Tax Investment Council Annual Report LB106 (Dorn) Change provisions relating Equity and Educational Opportunities to the Nebraska Retirement Systems to disclosure of DNA records under the Support Act Committee pursuant to section 72- DNA Identification Information Act LB656 (Wayne) Adopt the Nebraska 1243(2). LB353 (Pansing Brooks) Provide Education Formula, terminate the Tax • Presentation of the Nebraska Public powers and duties for University of Equity and Educational Opportunities Employees Retirement Systems Nebraska police departments and Support Act, and change levy limits Annual Report to the Nebraska police officers as prescribed and the base limitation for school Retirement Systems Committee LB369 (Vargas) Require jails, law districts pursuant to section 84-1503(3) enforcement agencies, and the LB588 (Stinner) Change the local effort Nebraska State Patrol to provide public rate pursuant to the Tax Equity and Revenue notice before entering into agreements Educational Opportunities Support Act Room 1524 - 1:30 PM to enforce federal immigration law and LB429 (Wayne) Change tax provisions to allow audits of noncomplying entities Wednesday, March 27 for cigars, cheroots, and stogies LB502 (Hunt) Adopt the Limited Appropriations LB601 (Lindstrom) Change a property Immigration Inquiry Act Room 1003 - 1:30 PM tax exemption relating to educational, LB658 (Wayne) Prohibit executive LB586 (Stinner) Change an appropriation religious, charitable, and cemetery director of Nebraska Commission on Law LB587 (Stinner) Change a provision organizations Enforcement and Criminal Justice from relating to the Cash Reserve Fund LB440 (Walz) Increase a tax on aviation taking certain disciplinary actions g Agency 7: Governor jet fuel Agency 8: Lt. Governor Agency 10: Auditor of Public Accounts Agency 12: State Treasurer Agency 14: Public Service Commission Updated BillTracker now available Agency 3: Legislative Council he newly updated BillTracker applica- Health & Human Services Ttion, which has been redesigned by Room 1510 - 1:00 PM Nebraska Interactive, allows a user to fol- Health Care Cash Fund Briefing low one or more bills and receive informa- tion about legislative activity sent directly Health & Human Services Room 1510 - 1:30 PM to an email inbox. This advanced service LB244 (Erdman) Provide for mobile allows users to create profiles to track leg- massage therapy establishments islation by sponsor, committee, keyword/ LB499 (Morfeld) Provide requirements phrase, statute section or bill number. For for services by psychologists the public, a free version is available that Judiciary provides email notifications for up to 15 Warner Chamber - 1:30 PM bills. Nebraska Interactive is available at Appointment: Don Arp, Jr. - Neb. Crime 402-471-7810. The BillTracker application Commission can be accessed on the web at https://www. LB455 (Arch) Change medical services g payment provisions relating to jails nebraska.gov/billtracker/

106TH LEGISLATURE • UNICAMERAL UPDATE • PAGE 21 March 12 - 15, 2019 Legislative Process he lawmaking process in Nebraska can formally consider it. officially begins when a bill is Legislative committees then consider introduced. But the process each bill and may propose amendments actuallyT begins much earlier, when to them before advancing them to the senators formulate ideas for new laws. full Legislature. The legislative body Anyone — concerned citizens, special then has an opportunity to debate a bill interest groups, state agencies or the at least twice before voting on its final governor — may suggest an idea for passage. a new law. But a senator, a group of This is the process a bill must senators or a legislative committee must undergo before it becomes a Nebraska introduce the idea before the Legislature statute:

Research the Legislature. The clerk First, a senator and his or reads the title of the bill her staff research a problem into the record, assigns and study possible legisla- the bill a number and tive remedies. Senators prints copies of it for may introduce bills to cre- public and legislative ate new laws or to repeal or use. change existing laws. Much research is done Committee Action during the period between Except for a few tech- sessions called the inter- nical bills, all bills and im. During this time, com- many resolutions must mittees study a variety receive a public hearing of issues that have been before a legislative com- outlined in interim study mittee. A nine-member resolutions passed by the Reference Committee Legislature. determines which bills will be heard by which Drafting committees, based on A senator brings his or subject matter jurisdic- her idea for a new law to a tion. bill drafter, who works with The Legislative Fiscal the senator to transform the A legislative committee hearing Office prepares budget idea into the proper legal statements known as form for a bill. Unlike some fiscal notes for each bill states, bills introduced in Nebraska must contain only introduced. Fiscal notes generally are prepared before one subject. a committee conducts a hearing on a bill. After the hearing, the committee may either indefinitely Introduction postpone the measure, hold it for further discussion or Most bills are introduced during the first 10 days of a advance it to the full Legislature. The committee may regular legislative session, which begins each January. forward recommended amendments to the bill if it is To introduce a bill, a senator files it with the clerk of advanced.

PAGE 22 • UNICAMERAL UPDATE • 106TH LEGISLATURE March 12 - 15, 2019

General File Final Reading General file is the first time the full Legislature can Final reading is the third and last stage of legislative debate and vote on bills. At this stage, senators often consideration. The Nebraska Constitution requires the consider amendments, which may be proposed both clerk of the Legislature to read every bill aloud in its by committees and by individual senators. Many people entirety before the vote on whether to pass it. However, consider general file to be the most crucial stage of that requirement may be waived by a three-fifths vote the legislative process, because it is where most com- (30 members) of the Legislature. promises are worked A bill may not be out through debate and amended on final read- amendment. ing, but it may be re- Bills on general file turned to select file for may be amended, in- specific amendment. definitely postponed, No bill can be passed sent back to committee on final reading until or advanced to the next at least five legislative stage. As with most days after the bill is legislative business, it introduced and one takes a majority of sena- legislative day after it is tors (25 votes) to adopt placed on final reading. any amendment or to move a bill from general Governor file to the next stage. After the Legislature After a bill is ad- passes a bill on final vanced from general reading, it goes to the file, it undergoes an ini- governor. The governor tial process of enroll- has five days, exclud- ment and review, or ing Sundays, to decide E&R. During E&R Initial, what to do with a bill. adopted amendments If the governor signs a are reviewed and the bill or declines to act on entire bill is checked for it, the bill becomes law. technical and grammati- If the governor vetoes cal accuracy. the bill, it is returned to the Legislature with the Select File The George W. Norris Legislative Chamber governor’s objections. Select file is the sec- A three-fifths vote of ond debating and voting the Legislature is re- stage. This stage offers another opportunity for amend- quired to override a governor’s veto. The governor also ment, compromise and reflection. Bills on select file may make reductions of specific figures in state budget may be amended, indefinitely postponed, sent back to bills. These reductions are line-item vetoes. committee or advanced to the next stage. After a bill is advanced from select file, the bill and all Laws of Nebraska of its adopted amendments are sent to enrollment and Most bills passed and approved by the governor be- review final for a process called engrossment. Once all come law three calendar months after the Legislature ad- amendments are incorporated into the bill, it is consid- journs. However, bills may take effect earlier if they contain ered to be “correctly engrossed.” The bill then is reprinted an emergency clause or a specified operative date. An for final reading. emergency clause allows a bill to take effect immediately after the governor signs it. It takes a vote of 33 members of the Legislature to pass a bill with an emergency clause. g

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