UNICAMERAL UPDATE News published daily at Update.Legislature.ne.gov Vol. 43, Issue 14 / Aug. 3 - 6, 2020 Proposal to ensure Last-minute tax package workplace protections advances after cloture vote considered he Business and Labor Com- mittee held a public hearing T Aug. 6 on a proposal that would implement certain protections for meat processing employees during the coronavirus pandemic. LB667, as intro- duced by Omaha Sen. , would provide grant funding for youth workforce development train- ing. Sen. Tony Vargas Vargas introduced an amendment that would remove those provisions and instead require meatpacking plant employers to maintain six feet of space Speaker Jim Scheer and Sen. , key members of a group that brokered a compromise on the proposal, confer during floor debate. around and between each worker through a combination of increasing awmakers gave first-round ap- Scheer supported the proposal, physical space between workstations, proval Aug. 5 to a bill combin- calling it “an opportunity to move this slowing production speeds, staggering ing several major tax proposals. state forward for all of our citizens.” L shifts and breaks and adjusting shift size. As introduced By making more inviting Vargas said the proposal is neces- by Norfolk Sen. to businesses, he said, LB1107 would sary to address the mistreatment of Jim Scheer, LB1107 create new jobs and increase the state’s meatpacking workers, the failure of would make a tech- population, reducing taxes on home- employers to implement health and nical change to owners, farmers and businesses. safety measures and the perception state law related to “I don’t necessarily love incen- throughout the state that the corona- the assessment of tives—no one does,” Scheer said. “But virus is not a serious threat. real property. Sen. Jim Scheer we’re naive to think that we don’t have “This is not the first action that A Revenue Committee amend- to have anything in order to attract meatpacking workers, their families ment, adopted 44-2, would replace new business.” and advocates have taken to address the bill with numerous provisions, in- these issues,” he said. “I know they’ve cluding a proposal to create a new tax Nebraska Property Tax Incentive communicated with the governor and credit based on the amount of prop- Act with employers about these concerns erty taxes paid to a taxpayer’s school and issues, but their concerns and district, establish a new business tax The previous committee proposal, cries for help have gone unacknowl- incentive program and commit funds contained in an amendment to edged and unaddressed.” to a potential project at the University Scheer’s LB1106, would have reduced of Nebraska Medical Center. (continued page 3) (continued page 2)

INSIDE: Hemp program updated • FAFSA completion requirement advanced August 3 - 6, 2020

Proposal to ensure workplace protections considered (continued from front page) Under the proposal, employers for someone who has tested positive. unannounced workplace inspections would be required to provide all work- Gabriela Pedroza, a former meat- of meatpacking facilities. ers with face masks and shields, free packing worker, spoke in support Nebraska Farmers Union President of charge, replaced daily or as needed. of the amendment. The protections John Hansen supported the provi- Workers would have the ability to would show workers that the state sion, saying that healthy meatpacking frequently sanitize their hands and hears and understands their concerns, workers are essential to a successful receive gloves, also free of charge, she said, and is doing what it can to agricultural industry. upon request. keep them safe. “[Coronavirus] created enough The amendment would require “It is no secret that a lot of people sickness and shutdowns in the meat- regular cleaning and disinfection of all have gotten sick and one too many, packing industry that we were contem- frequently touched surfaces and instal- unfortunately, have passed away,” Pe- plating the logistics of euthanizing, lation of ventilation systems that would droza said. “They’re essential workers destroying and burying millions of ensure unidirectional air flow, ventila- but most importantly every human animals,” he said. “It behooves our tion with outdoor air and filtration. in [a meatpacking plant] is essential state for both economic and moral Each individual would be screened to their families and communities.” reasons to find a way to do this ad- for coronavirus upon entering a facil- Also speaking in support of the ditional inspection.” ity and be informed of their results. amendment was Eric Reeder, presi- The amendment also would re- A worker who believes they may have dent of the United Food and Com- quire meatpacking plants to track been exposed could immediately leave mercial Workers Union Local 293. the daily total number of positive test the facility to receive a COVID-19 test The proposal alone will not solve the results and COVID-related deaths, on paid work time. problem of meat processing working disaggregated by race and ethnicity. If an employee tests positive, the conditions, he said, but it would move The data would be transmitted to employer must identify and notify in things in the right direction. the state Department of Health and writing all workers who worked in the “What you have in front of you is Human Services and Department of same area and on the same shift of their a first step in helping the [workers],” Labor, as well as the Business and La- possible exposure, while maintaining Reeder said. “The employers, as long bor and Health and Human Services the infected person’s confidentiality. as they’re not mandated to do some- committees of the Legislature. The amendment also would ensure thing, they’re not going to do it.” No one spoke in opposition to the paid quarantine time for a worker The amendment would allow the amendment and the committee took awaiting test results and paid sick leave state Department of Labor to conduct no immediate action. n UNICAMERAL UPDATE

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PAGE 2 • UNICAMERAL UPDATE • 106TH LEGISLATURE August 3 - 6, 2020 Last-minute tax package advances after cloture vote (continued from front page) property valuations for school tax or more. Sena- purposes over three years—thereby tors voted 42-0 reducing the amount of property taxes to adopt the they collect—while simultaneously amendment. increasing state aid to schools. Linehan The new proposal would create a said Sen. John refundable income tax credit based on Stinner of Ger- the amount an eligible taxpayer paid in ing, chairper- property taxes to their school district son of the Ap- during the previous year, not includ- propriations ing those amounts levied for bonded Committee, indebtedness or a levy override. insisted on the The credit, which would be allowed amendment to each individual, business or other to ensure that entity that pays school district taxes, the proposal would be equal to a percentage set would not di- by the state Department of Revenue rect any money Sen. said the package is a compromise that will move the multiplied by the amount of school in the state’s state forward. district taxes paid by the taxpayer dur- “rainy day ing the taxable year. fund” to meet the new property tax Under those provisions, the state For calendar year 2020, the depart- credit program’s obligations before would grant $275 ment would set the percentage so that the cash balance reaches the required million in credits the total amount of credits is $125 threshold. each year under million. Stinner supported the proposal. He the Property Tax Sen. Lou Ann Linehan, the com- said Linehan’s amendment would set Credit Relief Act, mittee’s chairperson, said that for fiscal “guardrails” to ensure that the which uses state the following three years the amount proposed property tax relief is funded sales and income of credits would increase based on through growth in state tax receipts, tax revenue to pro- Sen. Tom Briese growth in the state’s net tax receipts not by making “major league” cuts to vide Nebraskans with credits meant to and the level of its cash reserve. government programs. offset part of what they pay in local For 2024, the credit cap would be Lincoln Sen. said she property taxes. $375 million. For each year after that, would vote to advance the bill from Any amount transferred or credited the department would set the percent- general file provided those guardrails to the Property Tax Credit Cash Fund age so that the total amount of credits were included, but she cautioned pursuant to any other state law would would be $375 million plus an amount lawmakers about the proposal’s effect be added to the minimum amount equal to the growth in total assessed on the budget in future years as the when determining the total amount value for all real property from the global economy recovers from the of relief granted under the act. prior year to the current year. coronavirus pandemic. Breise supported the committee Linehan introduced an amend- “I am optimistic,” she said, “but it proposal, calling it “the package deal ment to the committee amendment is possible that we will not be able—in that we’ve all been working towards.” that would transfer $30 million from a fiscally responsible way—to keep up He said it would provide relief to every the cash reserve to the state’s general with the demands of this bill.” Nebraska property taxpayer and help fund to offset the proposal’s cost. It The committee amendment also grow the state’s economy. would prohibit any further transfer includes the provisions of LB930, North Platte Sen. to fulfill the act’s obligations until the introduced by Sen. Tom Briese of said he would not vote to advance cash reserve’s balance is $500 million Albion. (continued page 4)

106TH LEGISLATURE • UNICAMERAL UPDATE • PAGE 3 August 3 - 6, 2020

(continued from page 3) the bill from general file. He said the the base authority property tax relief proposal, like the would be $25 mil- existing property tax credit, would not lion in calendar years keep up with increases in property tax 2021 and 2022, $100 collections because it does not control million for 2023 and government spending. 2024 and $150 mil- “This is peanuts thrown to the gal- lion for 2025. lery,” Groene said. Beginning in Sen. of Bayard said 2026, the director the proposed credit would result in a would adjust the base “miniscule, unrecognizable amount of authority every three reduction in your taxes.” years to an amount “[LB]1107 is not property tax re- equal to three percent lief,” he said. of the state’s general fund net receipts for

ImagiNE Nebraska Act the most recent fiscal Sen. Steve Erdman opposed LB1107, saying that businesses year. Unused base will locate in Nebraska regardless of whether the state has a tax Also included in the committee authority would carry incentive program. amendment is a proposal to create a forward to the follow- hazards disaster response facility at the new business tax incentive program, ing year, but base authority prior to University of Nebraska Medical Center. the ImagiNE Nebraska Act. The ap- 2026 could not exceed $400 million. Kolterman, who supported the plication period for the state’s current Omaha Sen. committee’s proposal, said the proj- program, the Nebraska Advantage said she was disappointed that the ect could create 32,000 construction Act, ends this year. Legislature was considering three jobs and 8,800 permanent jobs once Sen. of Seward major proposals in a single package completed. introduced the rather than debating and voting on “I don’t know where you get a original proposal, them individually. better return on your investment,” LB720, last ses- She said she would like to support he said. sion. Under the the new business tax incentive pro- Under the new proposal, the state committee amend- gram because the business community would provide no matching funds un- ment, qualifying feels it is important. less the applicant has been selected for businesses would “But I will not support [a] tax incen- participation in the federal program receive a varying Sen. Mark Kolterman tive package that subsidizes companies and $1.3 billion in federal funds and combination of incentives based on that do not pay a living wage, do not private donations have been received. their level of capital investment and pay benefits, do not pay leave to their In no case would matching funds be the number of employees they hire at employees,” Cavanaugh said. “Busi- transferred before fiscal year 2025-26 a minimum qualifying wage. nesses that are getting tax incentives or before the total amount of credits Under Linehan’s amendment, the should be the best of the best.” granted annually under the Nebraska director of the state Department of Property Tax Incentive Act reaches Economic Development could not ap- Nebraska Transformational $375 million. prove applications that would include Projects Act After several hours of general file refunds or credits for a calendar year debate, Scheer offered a motion to in which a “base authority” is pro- The committee amendment also invoke cloture, which ceases debate jected to be exceeded. The committee includes the amended provisions of and forces a vote on a bill. The motion amendment would have allowed the Kolterman’s LB1084, which would succeeded on a vote of 41-2. Thirty- director to exceed that base authority require the state to provide $300 mil- three votes were needed. with the governor’s approval. lion in matching funds for a potential Senators then voted 43-2 to ad- Under the committee amendment, $1.6 billion academic hospital and all- vance LB1107 to select file. n

PAGE 4 • UNICAMERAL UPDATE • 106TH LEGISLATURE August 3 - 6, 2020

Collection of educational, workforce data approved

The state will more closely track Hemp program updated Ban on hair discrimination educational and workforce outcomes amended, returned to final under a bill passed by lawmakers Senators updated the Nebraska reading Aug. 4. Hemp Farming Act Aug. 3 to harmo- The data collection system created nize it with new federal regulations. A bill on final reading that seeks under LB1160, sponsored by Lincoln LB1152, introduced by Sen. Steve to extend employment discrimina- Sen. , Halloran of Hast- tion protections was amended Aug. 3 allows the state to ings, requires the after lawmakers voted to return it to track individuals state Department select file. as they progress of Agriculture to LB1060, as originally introduced through the state’s receive and process by Omaha Sen. Machaela Cava- educational sys- all completed li- naugh, would tem and enter the cense applications expand the defi- workforce. Sen. Matt Hansen and issue licenses Sen. nition of race The state Department of Labor to qualified applicants. for purposes of will execute a memorandum of un- It also requires licensees to main- employment derstanding with the data collection tain a record of hemp shipments sent discrimination system before Dec. 31, 2020, to ensure from or received by the licensee. to include traits the exchange of workforce data with Additionally, the bill references historically as- Sen. Machaela Cavanaugh all stakeholders. a federal definition of “acceptable sociated with race, such as hair texture The bill establishes data collection hemp THC level” and requires test- and protective hairstyles, including goals, including: ing laboratories to measure the total braids, locks and twists. • providing workforce outcome THC in a hemp sample and report Senators voted to return the bill to data to postsecondary educa- a measurement of uncertainty along select file to consider an amendment tional institutions; with the test results. offered by Cavanaugh, which she said • guiding students to education, LB1152 clarifies that the lot rep- incorporated feedback from the state training and career pathways resented by a hemp sample must be attorney general’s office. The amend- that will support occupational harvested within 15 days. ment would align the bill’s language success; The bill also defines a negligent vio- with the legally accepted definition • providing comprehensive data lation of the act and clarifies that the of race, she said, which includes hair reports on students’ workforce presence of uncultivated, naturalized texture and protective hairstyles. results; hemp plants in the environment is not Sen. Ben Hansen of Blair opposed • tracking workforce outcomes; considered cultivation for purposes the bill, saying that it represented • tracking student outcomes of the act. government overreach. by race, ethnicity, gender and Finally, it authorizes the Nebraska “Are we, as a government, en- economic status to close edu- Hemp Commission to preserve and croaching too much on the employer/ cational attainment gaps; and develop certain Nebraska heirloom employee relationship and dispropor- • identifying long-term return on hemp varieties. tionately affecting employers and their investment from early educa- LB1152 passed on a vote of 44-3 ability to [do] what’s best for their tion programs. and takes effect immediately. business?” he said. An annual report of policy rec- After voting 34-0 to adopt Cavana- ommendations will be provided to ugh’s amendment, senators advanced lawmakers before Dec. 1, 2021. the bill to final reading by voice vote. The bill passed on a 33-5 vote and takes effect immediately.

106TH LEGISLATURE • UNICAMERAL UPDATE • PAGE 5 August 3 - 6, 2020

students, including cell phones, email circumstances. services or social media platforms. An Education Committee amend- Finally, it must include notice that ment, adopted 30-0, would replace policy violations could result in disci- the bill. Under the amendment, a plinary action and referral to the state student’s parent or legal guardian, or Student-teacher relationship Department of Education and that the person standing in loco parentis policy requirement approved any violation involving sexual or other to the student, could submit a signed Nebraska public and private abuse will result in referral to DHHS, form indicating that they authorize schools must create a policy that pro- law enforcement or both. the student to decline to complete and hibits sexual contact between a teacher Senators voted 47-0 to pass LB1080. submit a FAFSA. and a student under a bill passed by A school principal or the princi- lawmakers Aug. 3. FAFSA completion requirement pal’s designee also could authorize a LB1080, introduced by Omaha advanced student to decline for good cause. Sen. , requires the The principal or a designee would school board or Lawmakers gave first-round approv- provide the number of students who board of educa- al Aug. 4 to a bill that would require completed a FAFSA or submitted the tion of each school Nebraska students to submit a federal required waiver to the school district district and the college financial aid application before or governing authority for the high governing author- they graduate from high school. school and to the state Department ity of each private, Introduced by Omaha Sen. Tony of Education. denominational or Vargas, LB1089 Additionally, the amendment parochial school to Sen. Steve Lathrop would, with some would require the commissioner to adopt a policy regarding appropriate exceptions, require submit a report with that information relationships between a student and each public high to the Legislature, beginning Dec. 31, a school employee, student teacher school student to 2022. It also would require the com- or intern on or before June 30, 2021. complete and sub- missioner to create and adopt the The required policy must prohibit mit a Free Appli- waiver form to be used by each public Sen. Tony Vargas any school employee, student teacher cation for Federal high school. or intern from engaging in grooming. Student Aid before graduating, begin- Vargas introduced an amendment It also must prohibit any relation- ning with the 2021-22 school year. to the committee amendment that ship that involves sexual contact or Vargas said mandatory FAFSA would authorize a student who is 19 penetration from occurring between filing policies in other states have or older or is an emancipated minor a student and a school employee, stu- increased the overall completion rate to sign and submit the waiver. The dent teacher or intern while a student and closed the gap in completed appli- amendment was adopted on a vote is enrolled and for a minimum of one cations between high- and low-income of 32-0. year after a student graduates or ceases school districts within two years. Sen. Mike Groene of North Platte enrollment. More than 70 percent of Nebraska opposed the bill, saying it would The policy also must include a pro- jobs require postsecondary education create an unnecessary graduation cedure for reporting suspected groom- or training, Vargas said, and LB1089 requirement. Groene said he trusts ing or other unacceptable conduct by would benefit the state’s workforce by high school guidance counselors and a school employee, student teacher or ensuring that more students, includ- administrators to help students and intern to the school administration, ing those from low-income families, their families complete and submit a the state Department of Education, have the financial resources to pursue FAFSA if they choose to do so. the state Department of Health and higher education. “[LB1089] is a mandate to parents Human Services and law enforcement. As introduced, LB1089 would to fill out a form for a … voluntary Additionally, the policy must allow the state commissioner of edu- government program,” he said. describe the preferred methods for a cation or the administrator of the dis- Senators voted 28-9 to advance school employee, student teacher or trict in which the student is enrolled to LB1089 to select file. intern to use in communicating with waive the requirement under certain

PAGE 6 • UNICAMERAL UPDATE • 106TH LEGISLATURE August 3 - 6, 2020

Injury leave for school employ- which re- ees approved quire mem- bers of a School employees will receive in- public power jury leave if they are injured by another board to be person while at work under a bill Omnibus election bill passed governed by passed by lawmakers Aug. 3. the Nebras- Under LB1186, sponsored by A bill that makes numerous chang- ka Political Sen. Matt Williams Lincoln Sen. , a school es to election procedures in Nebraska Accountability and Disclosure district employee passed Aug. 3. Act when dealing with conflicts who is physically LB1055, introduced by Sen. Tom of interest on board business injured by another Brewer of Gordon, and repeal a law prohibiting person who “inten- requires counties a public power board member tionally, knowingly that conduct elec- from having an interest in a or recklessly causes tions by mail to contract to which the board is bodily injury” to have an in-person a party; that employee will Sen. Mike Hilgers polling site at the • LB1119, introduced by Gretna receive injury leave and be paid their office of the coun- Sen. , which usual salary for the time they are ab- ty clerk, at least Sen. prohibit sent and unable to work as a result of one secure ballot drop box available special elec- the injury. for voters and in-person early voting tions from The employee’s injury must have opportunities. being held occurred within their scope of employ- Currently, counties of less than in March ment in a way that would be covered 10,000 residents can apply to the state of even- by the Nebraska Workers’ Compensa- for permission to hold an election numbered tion Act. An employee will receive no entirely by mail. years, except Sen. Andrew La Grone additional compensation under the LB1055 includes provisions of: school bond special elections, act for any day that they already have • LB820, also introduced by unless the election is in con- been paid injury leave. Brewer, which remove “home” junction with a statewide pri- An employee may receive no more and “work” phone numbers mary election; and than seven calendar days of injury from voter application forms • LB1120, also introduced by La leave. After that, the employee must and change timelines for recall Grone, which prohibit special use workers’ compensation benefits. elections; elections from being held in Injury leave will not count against any • LB1086, introduced by Sen. September of even-numbered other leave an employee accrues. Matt Hansen of Lincoln, which years unless the election is in In determining the applicability require poll conjunction with a statewide of injury leave, a school district may watchers general election, or is an elec- require confirmation from a physi- who wish tion to approve a property tax cian regarding the causation and the to observe levy or to exceed the subdivi- period of time for which an employee Election sion’s property tax levy limita- is unable to work. A district may with- Day proce- tion. hold injury leave until the employee dures to be The bill passed on a 47-0 vote. provides confirmation. either a reg- Sen. Matt Hansen Senators voted 48-0 to pass LB1186. istered voter in Nebraska or a member of a state, national or international election monitor- ing organization; • LB1136, introduced by Sen. Matt Williams of Gothenburg,

106TH LEGISLATURE • UNICAMERAL UPDATE • PAGE 7 August 3 - 6, 2020

select file. These provisions would after three material changes in outline procedures for certification of 12 months. immigration visas by local law enforce- LB956 defines a material change ment in Nebraska. as one that decreases a provider’s pay- The provisions would require ment or compensation, or changes Nebraska law enforcement agencies the administrative procedures in a Human trafficking bill narrowed, to certify a form—within 90 days of way that reasonably may be expected returned to final reading when it is requested—for two types of to significantly increase the provider’s A bill on final reading related to immigration visas that are set aside for administrative expense, including human trafficking was narrowed Aug. victims of certain crimes. altering an existing prior authoriza- 4 after senators voted to return it to A “T” visa is for victims of human tion, precertification, notification or select file. trafficking and a “U” visa is for victims referral program or specific edits. LB518, as introduced by Elkhorn of specific crimes who have suffered The bill also clarifies the intent Sen. Lou Ann Linehan, would have abuse and who are helpful to law of Medicaid program integrity audits adopted the Sup- enforcement in the investigation and and requires the state Department of port for Traffick- prosecution of criminal activity. Health and Human Services to notify ing Survivors Act Following adoption of the Line- Medicaid recipients when eligibility is and created the han amendment, lawmakers ad- discontinued or modified. Support for Traf- vanced LB518 to final reading by LB956 passed on a 47-0 vote. ficking Survivors voice vote. advisory board. Prescription drug access Linehan said Sen. Lou Ann Linehan Managed care changes measure approved the original bill would have formalized adopted a statewide plan to provide services to Medicaid recipients cannot be victims of sex trafficking and would A bill that changes provider notifi- denied certain prescription medica- have supported law enforcement in cation procedures for state-contracted tion coverage under a bill that passed more successfully investigating and managed care companies that deliver Aug. 3. prosecuting sex traffickers. Medicaid services passed Aug. 4. LB1052, introduced by Lincoln “Unfortunately, those things come LB956, introduced by Fremont Sen. , prohibits the at a cost,” she said, “and this is not the Sen. , requires notice of state Department time [that] our state is able to take on material changes of Health and Hu- those costs.” to an agreement man Services, a Senators voted to return the bill to between health managed care orga- select file to consider an amendment care providers and nization or a con- offered by Linehan to remove provi- a managed care or- tracted pharmacy ganization. Under benefit manager sions outlined in her original bill. She Sen. Anna Wishart said the amendment would eliminate the bill, providers from denying cov- Sen. Lynne Walz the bill’s fiscal impact. will receive: erage of antidepressant, antipsychotic “[LB518] will still be a meaningful • 60-day notice of any material or anticonvulsant medication if the step in supporting victims of sex traf- change; patient’s health care provider deems ficking and abuse,” Linehan said. • a proposed effective date of the the drug medically necessary. The amendment change; The bill in- was adopted 40-0. • a description of the change; cludes provisions Remaining in • contact information for the of La Vista Sen. LB518 are provi- managed care organization; John Arch’s LB847 sions of Bellevue • the opportunity to meet with and LB887, which Sen. ’s the managed care organization; change pharmacy LB745, amended and provisions at long- Sen. John Arch into the bill on Sen. Carol Blood • a copy of the entire agreement term care facilities,

PAGE 8 • UNICAMERAL UPDATE • 106TH LEGISLATURE August 3 - 6, 2020 allow a pharmacist, in certain circum- ing April 1, 2021, will assure that in- specific abortion method in Nebraska. stances, to adapt a prescription for a formation contained in the exchange Following extended debate on patient at the request of the patient and was accessed, used and disclosed in procedural motions related to the allow a pharmacist to package medi- accordance with the federal Health legislative agenda, senators resumed cations for a patient that have been Insurance Portability and Account- debate on LB814, which previously dispensed from a different pharmacy. ability Act and also will oversee Ne- was discussed on LB1052 passed on a 47-0 vote. braska’s prescription drug monitoring general file July protocol. 30. Introduced by Opioid addiction treatment, The bill passed 47-0 and takes effect Lincoln Sen. Su- prevention fund created immediately. zanne Geist, the bill would ban A bill to fund treatment and pre- Child care provider background “dismemberment” vention of opioid addiction passed checks established abortion except in Sen. Aug. 3. emergency situations. LB1124, introduced by Omaha More Nebraska child care providers The bill defines a dismemberment Sen. , creates the Ne- must undergo a federal background abortion as a procedure in which a braska Opioid check under a bill passed Aug. 3. person purposely dismembers and Recovery Fund as LB1185, introduced by the Health extracts a living fetus from the uterus the repository of and Human Services Committee, using clamps, forceps or similar in- any money that the amends the Child Care Licensing struments. It would not apply to an state may receive Act to require that individuals who abortion in which suction is used to from a federal De- are not required to be licensed under dismember a fetus, or removal of a partment of Justice the act but who seek to be a provider fetus that already is dead. lawsuit against opi- Sen. Sara Howard under the federal Child Care Subsidy The majority of Nebraskans sup- oid manufacturers accused of decep- program must submit a request for a port ending the “barbaric” practice tive advertising. national criminal history check for of dismemberment abortion, Geist The bill also requires the state each child care staff member. said, including both liberals and con- Department of Health and Human The bill includes provisions of La servatives. Services to report annually to the Leg- Vista Sen. John Arch’s LB837, which “I disagree with people who say that islature, governor and attorney general require the state Department of Health this is not important to the people of Ne- regarding how funds were distributed and Human Services to seek federal braska,” she said. “There are pro-choice and the outcomes achieved. funding to implement a program to women and men who support this.” LB1124 passed on a 48-0 vote. assist residential child care providers LB814 also would allow for profes- and their employees with the cost of sional injunctions and civil action Health data board established fingerprinting and national criminal against any abortion provider found to history record information checks. be in violation of the bill’s provisions. Lawmakers passed a bill Aug. 3 LB1185 passed on a 48-0 vote. The intentional and knowing per- that creates a new board to oversee the formance of the procedure—unless per- state’s health information exchange. formed due to a medical emergency— LB1183, introduced by Sen. John would be a Class IV felony, punishable Arch of La Vista, creates the Health by up to two years imprisonment with Information Technology Board, com- 12 months post-release supervision, a posed of health care professionals and $10,000 fine or both. other stakeholders. Bill to ban abortion procedure Creighton Sen. Tim Gragert sup- The 17-member board will estab- advanced after successful ported the bill, calling it one of the lish criteria for data collection and cloture vote most important proposals to come disbursement by the statewide health before the Legislature. information exchange. Lawmakers gave first-round ap- “My wife and I were recently blessed The board, which will begin meet- proval Aug. 5 to a bill that would ban a with our fourth grandchild,” Gragert

106TH LEGISLATURE • UNICAMERAL UPDATE • PAGE 9 August 3 - 6, 2020 said. “I would hate to see anyone miss offender’s bond. to every 60 days; out on that amazing experience.” The bill includes provisions of: • LB1041, sponsored by Lincoln Omaha Sen. filed a • LB213, sponsored by Omaha Sen. Patty motion to indefinitely postpone the Sen. John McCollister, which al- Pansing bill, which would end consideration of low a person Brooks, it for this session. She said that when sentenced which someone decides to end a pregnancy, to commu- clarify their care should be safe, affordable and nity service the pro- free from punishment or judgment. to apply to cess for “The courts have already recognized have their making that there are no workarounds that conviction a grand Sen. could make a [dilation and extraction set aside; Sen. John McCollister jury transcript publicly avail- abortion] ban constitutional,” Hunt • LB282, sponsored by Hansen, able when convened to inves- said. “These are points that the Supreme which require the court to tigate the death of a person in Court has not wavered on for 40 years.” appoint counsel when setting custody or Bennington Sen. Wendy DeBoer bond for an indigent defendant; detention; said that even though the provisions • LB776, sponsored by Ben- • LB1180, of LB814 would apply only to a small nington Sen. Wendy DeBoer, sponsored number of abortions in Nebraska, she which allow by Omaha could not support it. evidence Sen. Jus- “All constitutional rights are equal- from an ex- tin Wayne, ly protected for each person in the pert witness which in- United States,” she said. “I can’t in regarding crease to six Sen. Justin Wayne good conscience knowingly vote for a eyewitness the number of alternate jurors bill that violates the Constitution of testimony a court can impanel; and the United States.” to be admit- Sen. Wendy DeBoer • LB1181, also sponsored by After three hours of debate, Geist ted under the Nebraska Evi- Wayne, which provide that filed a motion to invoke cloture, or dence Rules; a person cannot be held in cease debate and vote on the bill. The • LB777, also sponsored by De- custody while awaiting trial on motion succeeded 34-11. Thirty-three Boer, which replace references an offense for a period of time votes were needed. to infractions, misdemeanors longer than the maximum sen- Senators then voted 6-32 to reject and felonies and use the term tence for that offense. Hunt’s motion to indefinitely post- “offense;” Additionally, LB881 creates the pone LB814 and 34-9 to advance the • LB945, sponsored by Omaha new offense of sexual abuse by a school bill to select file. Sen. Machaela Cavanaugh, which employee. A person is guilty of such require offense if that employee subjects a stu- Omnibus judiciary bill approved cities of dent to sexual penetration or contact more than or engages in a pattern or scheme to Lawmakers passed a bill Aug. 3 100,000 subject a student to such conduct, that makes several changes to judicial people to commonly referred to as grooming. procedure. prepare Sexual penetration of a student by a LB881, spon- an annual school employee is a Class IIA felony, sored by Lincoln report of Sen. Machaela Cavanaugh punishable by up to 20 years in prison. Sen. Matt Han- untested sexual assault evidence A student’s consent to sexual activity sen, eliminates the collection kits; will not be considered a valid defense. court’s authority • LB1007, also sponsored by Sexual contact with a student is a to deduct fines au- Hansen, which reduce the time Class IIIA felony, subject to a penalty tomatically from Sen. Matt Hansen between court reviews of a per- of up to three years imprisonment otherwise encumbered portions of an son’s competency to stand trial with 18 months post-release supervi-

PAGE 10 • UNICAMERAL UPDATE • 106TH LEGISLATURE August 3 - 6, 2020 sion, a $10,000 fine or both. A person • LB1048, sponsored by Grand combination of reforms and build- found to have committed grooming Island Sen. , which ing,” he said. “But we can’t possibly behavior is guilty of a Class IV felony, create the of- build our way out of it [alone].” punishable by a maximum of two years fense of sex- A Judiciary Committee amendment, in prison with 12 months post-release ual assault adopted 30-1, included provisions of supervision, a $10,000 fine or both. by a school LB1036, originally introduced by Lin- A school employee found guilty of employee coln Sen. . As amended, sexual abuse of a student is required and provide it would change the to register as a sex offender. notification age of consent for Any report of alleged sexual abuse to the Com- Sen. Dan Quick health care deci- by a school employee must be for- missioner of Education; and sions from 19 to warded to the state commissioner of • LB1210, 18. It also would al- education, including the status of an sponsored by low a person under active law enforcement investigation Omaha Sen. 19 who is in the into the allegations. Tony Vargas, custody of the cor- Sen. Adam Morfeld The bill also extends the statute of which create rectional system to consent to medical limitations for failure to report child the offense and mental health care decisions. abuse or neglect to 18 months after the of sexual ex- The amendment also would re- commission of the crime or the date ploitation of Sen. Tony Vargas quire the director of the division of upon which the child reaches the age a student. parole supervision to establish casel- of majority, whichever is later. LB881 passed on a 30-8 vote. oad standards for parole service and Provisions of four bills pertaining provide annual caseload reports to the to sexual assault offenses are included Earlier parole eligibility clears Legislature beginning in January 2021. in LB881: first round Lathrop introduced an amendment • LB766, sponsored by Omaha that would make LB1004 prospective, Sen. , which A bill that seeks to address the meaning it would not apply retroactive- prohibit sex- overcrowding crisis in Nebraska’s cor- ly to people already serving sentences. ual assault rectional system was advanced from Gordon Sen. Tom Brewer spoke in of a minor general file Aug. 4. support of the bill, saying that changing by an au- Under LB1004, sponsored by correctional leadership alone would thority fig- Omaha Sen. Steve not fix the overcrowding emergency. ure, change Lathrop, a commit- “When you sit down with [inmates] statute of ted offender auto- and talk to them … it almost always limitations Sen. Brett Lindstrom matically would be comes back to programming and how for failure to make a report eligible for parole frustrated they are,” he said. “We have of child abuse or neglect and within two years to think outside of the box. To just change provisions relating to of their mandatory simply say that we can’t do it because sexual offenses; discharge date, un- Sen. Steve Lathrop it’s too hard isn’t the answer.” • LB991, sponsored by Hastings less they are eligible for parole at an Sen. Ben Hansen of Blair said he Sen. Steve earlier date. disagreed with making potentially Halloran, The bill has the potential to pro- long-lasting policy decisions based on which create vide relief within the state’s over- a temporary overcrowding emergency. the offense crowded prison system, Lathrop said, “If we need to make more room, of sexual while incentivizing inmates to com- then I believe in building a new assault of a plete programming and be released on prison,” he said. “Or we should student and parole, rather than being discharged change the laws, not based on prison prohibit re- Sen. Steve Halloran with no supervision. overcrowding, but because we believe lated enticement conduct by “The solution to overcrowding ulti- they are unjust and it’s the right thing school officials; mately is going to be some thoughtful to do to direct our society in a way that

106TH LEGISLATURE • UNICAMERAL UPDATE • PAGE 11 August 3 - 6, 2020

we feel is right.” tributions they make to their account, troduced an amendment on general Gretna Sen. Andrew La Grone within certain limits. file that would decouple Nebraska’s tax filed a series of amendments in an at- The bill includes the amended provi- code from a provision in the Coronavirus tempt to delay a vote on the bill, but sions of LB1083, introduced by Lincoln Aid, Relief and Economic Security Act ultimately withdrew them. Sen. Adam Morfeld. The provisions al- passed by Congress in March. Because Following the 29-0 adoption of the low the state treasur- Nebraska conforms to federal tax law on a Lathrop amendment, senators voted er to credit private rolling basis, it automatically incorporates 29-2 to advance LB1004 to select file. qualified contribu- changes made at the federal level. tions to the Mead- The provision in question, which owlark Endowment temporarily removes an excess busi- Fund or to accounts ness loss limitation for passthrough opened under the entities, would reduce state income tax Meadowlark Pro- Sen. Adam Morfeld revenue by approximately $82 million NEST program changes gram at the direction of the donor. this year, Crawford said. approved LB1042 prohibits any money ac- She said the proposal is a pared- crued in the College Savings Plan down version of another amendment Nebraskans may deduct employer Program Fund from being used to introduced by Albion Sen. Tom Bri- contributions to their state college pay expenses associated with attend- ese, which would have decoupled state savings accounts from their state in- ing kindergarten through 12th grade. tax code from several other CARES come taxes under a bill passed by the It also prohibits private contribu- Act provisions. Legislature Aug. 3. tions to the Meadowlark Endowment Crawford said that decoupling Under LB1042, introduced by Fund or accounts opened under the from the excess business loss provision Sen. Andrew La Grone of Gretna, Meadowlark Program from being used would preserve state tax revenue at a an individual’s to pay those expenses. time when the Legislature is seeking federal adjusted Finally, LB1042 directs the state to enact property tax reform. gross income will treasurer to transfer $59,500 from the Even if the amendment were ad- be reduced by the College Savings Plan Expense Fund to opted, she said, Nebraska passthrough amount of any con- a state Department of Revenue fund to businesses still would receive a federal tribution made by defray the bill’s implementation cost. tax cut about four times greater than the individual’s LB1042 passed on a vote of 47-0 the one from the state. Crawford said employer into the Sen. Andrew La Grone and takes effect immediately. her amendment would not affect a individual’s Nebraska educational separate CARES Act provision on savings plan trust account. Proposal to decouple from net operating losses that is intended The deduction is for taxable years federal tax change debated to provide businesses with the liquid- beginning on or after Jan. 1, 2021, ity they need to survive the economic and may not exceed $5,000 for those Lawmakers debated a proposal slowdown caused by the pandemic. married filing separately or $10,000 Aug. 6 to decouple Nebraska’s tax Sen. Mike Groene of North Platte for other filers. code from a federal change made in supported the amendment, saying The bill prohibits any state agency response to the coronavirus pandemic. that Nebraska’s tax code already favors that provides benefits or aid to indi- Elkhorn Sen. Lou Ann Linehan, the businesses—S corporations and viduals based on financial need from sponsor of LB1074, LLCs—that would benefit from the taking employer contributions into said the bill would federal change. account when determining an indi- make several tech- He said the Legislature should vidual’s income. nical corrections decouple from the provision so that it Additionally, LB1042 eliminates to state tax law has enough revenue to pay for the busi- the provision in current law that al- requested by the ness tax incentive and property tax relief lows only an account’s participant, state Department measures contained in LB1107, which or registered owner, to take a state of Revenue. Sen. Lou Ann Linehan lawmakers advanced to select file Aug. 5. income tax deduction equal to con- Sen. of Bellevue in- “This is not a … tax increase,”

PAGE 12 • UNICAMERAL UPDATE • 106TH LEGISLATURE August 3 - 6, 2020

Groene said. “This is good tax policy to select file Aug. 3 after discussion Cities that do not comply would to decouple us from this … giveaway.” spanning several days. be required to adopt a default hous- Briese opposed the amendment. LB866, as introduced by Omaha ing plan to allow development of He earlier had withdrawn his own Sen. Justin Wayne, would adopt the “middle housing” in areas currently amendment, which he said was in- Density Bonus and zoned for single-family residences. troduced to ensure that the state had Inclusionary Hous- Middle housing includes duplexes, enough tax revenue to fund a major ing Act. The bill triplexes, quadplexes, cottage clusters property tax relief proposal. would incentivize and townhouses. That proposal, now embodied in affordable housing Hansen said the bill would help fill LB1107, “sets out a sustainable path projects through a gap between single-family houses and forward for funding property tax re- residential density apartment buildings. form,” Briese said. increases, regula- Sen. Justin Wayne “Housing affordability, I’ve heard Linehan also opposed Crawford’s tory concessions and incentives for time and time again, is a critical issue,” amendment, saying that passthrough housing developments that include a he said. businesses would have filed their taxes certain percentage of income-restrict- Sen. Mark Kolterman of Seward in July under current law and would ed rental units. supported the amended bill, saying have to refile if the change were enacted. An Urban Affairs Committee it would help lawmakers make better “If you send somebody a letter that amendment, adopted 31-0, replaced decisions. says ‘you owe taxes that [you] didn’t the original bill. Wayne said the “It gives the [Urban Affairs] Com- owe two months ago,’ that is a tax amendment in- mittee a lot more information about increase,” she said. “Nobody is going cluded concepts what’s taking place in our munici- to see it any differently.” from his bill com- palities and what’s happening from a Also in opposition was Sen. Robert bined with ideas housing perspective,” he said. Clements of Elmwood. He said the from LB794, origi- Lincoln Sen. Adam Morfeld intro- CARES Act tax cuts are meant to nally introduced duced an amendment during debate give businesses “breathing room” to by Lincoln Sen. July 27 that would allow a municipality help pay operating expenses during Matt Hansen. Sen. Matt Hansen to declare a moratorium on evictions the economic crisis and that the act’s The amendment would require Ne- and foreclosures to protect the public effect on state tax revenue had been braska cities with populations greater welfare from the spread of a virus or accounted for in the budget. than 20,000 to submit a report every two infectious disease, such as the current After several hours of general file years, beginning July 1, 2021, to the Ur- COVID-19 pandemic. debate, the Legislature adjourned ban Affairs Committee detailing their “All Nebraskans deserve a safe without voting on Crawford’s amend- efforts to incentivize affordable housing. place to call home, particularly during ment or the bill. Per a practice imple- The report would include an over- a crisis,” Morfeld said. mented by Speaker Jim Scheer, the view of the city’s residential zoning re- The amendment was ruled not ger- sponsor of a bill that is facing a quirements, percentage of residential mane to the underlying bill by the pre- potential filibuster must demonstrate areas zoned for multi-family housing, siding officer. Morfeld challenged that sufficient support for a cloture motion a five-year history of new residential ruling, which was upheld by lawmakers before the measure will be scheduled construction and residential units on a 19-30 vote. Twenty-five votes were for additional debate. annexed and an estimate of per unit needed to overrule the presiding officer. housing costs. Lawmakers advanced LB866 to In addition, all cities with popula- select file on a 28-5 vote. tions greater than 50,000 would be required to adopt an affordable hous- Tax-increment financing ing action plan by Jan. 1, 2023, and changes amended, advanced all cities with populations between Affordable housing bill advanced 20,000 and 50,000 would be required A bill intended to make certain re- A bill that would expand availabili- to adopt an affordable housing action development projects easier advanced ty of certain types of housing advanced plan by Jan. 1, 2024. from general file Aug. 4.

106TH LEGISLATURE • UNICAMERAL UPDATE • PAGE 13 August 3 - 6, 2020

LB1021, as introduced by North extremely blighted; Groene described the bill as a Platte Sen. Mike • involves a structure that is at “micro-TIF” measure and said it would Groene, would least 50 years old; and reduce construction costs, make work- create expedited • does not exceed $250,000 for a force housing more affordable and review of tax-in- single-family structure, $1 mil- rejuvenate blighted areas. crement financing lion for a multi-family or com- “[LB1021] will remove statutory for redevelopment mercial structure or $10 million and financial barriers presently in the projects under the for a structure on the National way of urban renewal in truly blighted state’s Community Sen. Mike Groene Register of Historic Places. and substandard areas,” he said. Development Law if the project: An Urban Affairs Committee Sen. Ben Hansen of Blair sup- • involves repair, rehabilitation or amendment would increase the mini- ported the bill, which he said would replacement of an existing struc- mum age of a structure to 60 years and make it more difficult to abuse TIF. ture in an existing substandard reduce eligibility to counties with a “We’re putting the power back in or blighted area; population of less than 100,000. The the people’s hands,” he said. • is in a county with a popula- decision to allow expedited review Following adoption of the committee tion of less than 150,000 or in would rest with the governing body amendment 40-0, lawmakers advanced an area that has been declared of a municipality. LB1021 to select file on a 41-0 vote. n

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PAGE 14 • UNICAMERAL UPDATE • 106TH LEGISLATURE August 3 - 6, 2020 How a Bill Becomes Law

106TH LEGISLATURE • UNICAMERAL UPDATE • PAGE 15 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