UNICAMERAL UPDATE News published daily at Update.Legislature.ne.gov Vol. 44, Issue 14 / April 6 - 9, 2021 State budget package clears first round fter two inmates. The $230 full days million project A of debate, would have been lawmakers gave financed mostly first-round approv- by transfers from al April 9 to the the Cash Reserve state’s $9.7 billion Fund to the Ne- budget package. braska Capital The state budget Construction is structured on Fund over the a two-year basis, next five years, he with the budget said. enacted during A commit- legislative sessions tee amendment, held in odd-num- adopted 37-3, bered years. instead would As introduced, transfer $115 the Appropria- million from the tions Committee General Fund to budget proposal the NCCF, but would result in a would not appro- projected ending priate those funds balance that is Sen. (center) said the Appropriations Committee proposal would allow lawmak- until the need for $211 million above ers to examine options to address ’s prison overcrowding situation. a specific project the 3 percent minimum reserve. This proposal to fund a study of the design or facility was determined by the amount would be available to fund and siting of a potential new state Legislature. proposals pending before the Legis- prison. Stinner said the committee had lature this session. The Cash Reserve additional time to consider funding Fund would increase to $763 million. Prison overcrowding a new prison after voting on the com- The budget package reflects a two- mittee amendment, however, and year average spending growth rate of Included in the Appropriations decided to take a broader approach. 1.7 percent. It includes a 2 percent Committee’s proposal is LB383, He offered an amendment that per year increase in rates for providers which would appropriate funds for would transfer $350,000 in FY2021- of various social service and juvenile reaffirmed and new construction proj- 22 from the NCCF to the state De- programs, amounting to $83.5 million ects recommended by the governor for partment of Correctional Services to over two years. the next biennium. Reaffirmed proj- update their master plan and examine Gering Sen. John Stinner, chairper- ects include those currently underway demand for behavioral health, mental son of the Appropriations Committee, that already have received approval but health and substance abuse services said the overall budget package would were funded over several years. at current correctional facilities com- result in $1.45 billion in property tax Stinner said the governor’s propos- pared to actual treatment capacity, relief for Nebraskans over the next al included funding for a new multi- taking into consideration the physical two years. custody level correctional facility with condition of the facilities. Much of the debate focused on a capacity to house approximately 1,512 (continued page 2)

INSIDE: Juvenile counsel measure advanced • Hair discrimination bill advanced April 6 - 9, 2021

(continued from front page) The amendment also would ap- Lincoln Sen. sup- she said. propriate $500,000 in FY2021-22 to ported the amendment, which she “Our country imprisons more the department to prepare a program said would allow the state to work with people than any other country in statement and site selection for a new experts from the Crime and Justice the world, and a disproportionate halfway-back community corrections Institute — and in collaboration with number of those prisoners are Black,” center in Omaha. Nebraska stakeholders — to address Wishart said. “We cannot build our An additional $18 million would broader issues of criminal justice re- way to criminal justice reform — not fund the design, planning and con- form. She said CJI are federal experts possible — nor should we have the goal struction of three specialty units — to who “coach” states on how better to of doing that.” be used for additional mental health manage their criminal justice systems. Sen. Terrell McKinney of Omaha and geriatric patients or other indi- Nebraska has an opportunity with opposed the amendment, saying it viduals with special needs — which the Stinner amendment to address the wouldn’t address the core reasons would add at least an additional 96- “historic wrong” of mass incarceration that individuals end up in the state’s bed capacity at the state’s reception that is “steeped in systemic racism,” correctional system. and treatment center. Finally, the amend- ment would appropriate $14.9 million to fund the preparation of designs for a possible new facility, in- cluding site selection and an option to purchase, as well as completion of an independent engineering study regarding the use- ful life of the current Ne- braska State Penitentiary. “Voting for LB383 doesn’t mean you’re vot- ing for a prison,” Stinner said. “It means that you’re voting for information.” Sens. Lathrop, Wishart and Flood discuss the budget proposal April 9. UNICAMERAL UPDATE

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PAGE 2 • UNICAMERAL UPDATE • 107TH LEGISLATURE April 6 - 9, 2021

failure of a second Wayne amendment to strike fund- ing to study a new state correctional facility, sena- tors voted 37-3 to advance LB383 to select file.

Mainline budget

LB380, introduced by Speaker on behalf of Gov. Pete Rick- etts, is the mainline budget bill. An Appropriations Committee amendment, adopted 41-0, replaced the bill and contains rec- Sen. Justin Wayne offered several amendments ommendations for state Sen. Michael Flood successfully increased funding related to criminal justice reform. operations and state aid. for creative districts. McKinney said he has witnessed Included in the amendment were munities and change the trajectory of firsthand the state’s lack of investment provisions of Stinner’s LB264, which economic development in rural areas. in low-income communities and com- would appropriate $100,000 for each Rural parts of the state struggle munities of color and that Nebraskans fiscal year of the biennium for creative to attract and retain people with an shouldn’t be surprised that people districts authorized by the Nebraska entrepreneurial spirit, Flood said, in who lack options make bad choices Arts Council. part because those individuals desire as a result. Norfolk Sen. Mike Flood brought to live in areas that value the arts and “Public safety is taking care of an amendment, adopted 28-12, to innovation. people,” he said. “We don’t invest in increase that funding to $1 million “We can grow our rural communi- the communities that these people per year. He said that 10 competi- ties using arts and culture,” Flood said. come from. Why do we refuse to ad- tive grants of $10,000 each would be “I’ve seen it work in my community.” dress the root issues?” insufficient to revitalize smaller com- Sen. of Omaha sup- Omaha Sen. Justin Wayne of- ported the amendment, calling it a fered an amendment that would “conservative and smart” amount appropriate $3.2 million each year of money. Vibrant arts communi- of the biennium for programs and ties draw in people to support grants for individuals residing in local restaurants and other small community work release and treat- businesses, she said, and are an ment centers. economic development tool. Nebraska releases almost half Omaha Sen. Machaela Cava- of its prison population annually, naugh offered and later withdrew he said, and 30 percent of those an amendment that she called an individuals reoffend within the “amped up” version of her LB493. first three years of being released. The amendment would have fully “This [committee proposal] funded the state’s developmental is an approach that is limited to disability wait list, which she said building something new,” Wayne has grown to more than 2,900 said. “We aren’t talking about the people in recent years. other aspect of reentry.” The amendment would have Sen. said her amendment was The amendment lost on a an opportunity to “do something bold” for Nebraskans with developmental disabilities. vote of 13-8. Following the 7-27 (continued page 4)

107TH LEGISLATURE • UNICAMERAL UPDATE • PAGE 3 April 6 - 9, 2021

(continued from page 3) provided $54 million in general funds disability wait list; and gaming at licensed enclosed racetracks in each fiscal year of the biennium to • LB585, spon- in Nebraska. provide services to all individuals cur- sored by Following adoption of the commit- rently on the list. Omaha Sen. tee amendment, senators advanced “What is the function of govern- , the bill to select file 38-0. ment if not to do this?” Cavanaugh which would LB385, as introduced, would make said. “Is it the function of government appropriate a number of fund transfers to and to build roads before making sure that $1.5 million from the state’s Cash Reserve Fund. every single citizen with a disability is in FY2021-22 Sen. Tony Vargas A committee amendment, adopted cared for appropriately?” and $3 million in FY2022-23 to 41-0, instead would authorize a $50 Wishart opposed the amendment. local public health departments. million transfer to the newly cre- She said the committee’s proposal in- ated United States Space Command cludes increased funding for the wait Other provisions Headquarters Assistance Fund. The list and that a sustainable, targeted transfer would occur only if Nebraska approach that also addresses provider The committee’s budget package is selected as the site of the U. S. rates is necessary. also includes LB384, which would Space Command Headquarters. “We need to make sure that when transfer funds and change the permit- LB385 advanced to select file on a we make these commitments — es- ted use of a fund. A committee amend- 41-0 vote. pecially when it’s providing life-long ment, adopted 44-0, added provisions The budget package also includes: services to somebody who’s on this of Stinner’s LB588. • LB381, advanced 40-0, which wait list — we need to make sure that Those provisions would extend would provide for the $12,000 we have the dollars available beyond existing appropriations for deferred annual salaries of Nebraska’s 49 the biennium to support their needs, maintenance under the University state senators; otherwise there’s a cliff effect.” of Nebraska Facilities Program until • LB382, advanced 40-0, which The committee amendment incor- 2062 and the State College Facilities would fund salaries and benefits porated provisions of several other Program until 2040. for judges and constitutional proposals into the mainline budget The amendment also would re- officers; and bill, including: quire that the university establish a • LB666, advanced 37-0, which • LB141, sponsored by Stinner, revolving facility maintenance fund would provide for payment of which would appropriate $7.5 with a 2 percent allocation of all con- claims against the state and million in FY2022-23 to the struction funds expended to mitigate agency write-offs for uncollect- Museum of Nebraska Art in further backlog. able debts. n Kearney; Following adoption of the amend- • LB391, sponsored by Lincoln ment, senators voted 44-0 to advance Sen. Eliot Bo- LB384 to select file. star, which LB379 would make adjustments to would appro- funding for state operations, aid and priate $2.5 construction programs in the current million in fiscal year ending June 30, 2021. FY2021-22 to An Appropriations Committee the Custom- amendment, adopted 38-0, would ap- ized Job Train- Sen. Eliot Bostar propriate $475,000 in general funds ing Cash Fund; to the State Racing Commission for • LB493, sponsored by Omaha startup costs related to the Nebraska Sen. Machaela Cavanaugh, Racetrack Gaming Act. The commis- which would appropriate $1 sion is charged with implementing million in each fiscal year of the provisions of a successful initiative biennium to the developmental petition drive in 2020 that authorized

PAGE 4 • UNICAMERAL UPDATE • 107TH LEGISLATURE April 6 - 9, 2021

Ban on hair discrimination advanced

A bill that seeks to extend employ- Expansion of unemployment ment discrimination protections was In-state tuition for home- eligibility advanced advanced from general file April 6. school students amended, LB451, spon- advanced Lawmakers gave first-round ap- sored by Omaha proval April 6 to expanded eligibility Sen. Terrell McK- Lawmakers gave second-round for unemployment benefits. inney, would ex- approval April 6 to a bill that would LB260, sponsored by Omaha Sen. pand the defini- make Nebraska home-school students Megan Hunt, would expand the list tion of race to eligible for in-state college tuition after of “good cause” include character- amending a nondiscrimination provi- Sen. Terrell McKinney reasons to leave istics associated sion in the original bill. employment vol- with race such as skin color, hair A student is considered a resident untarily to include texture and protective hairstyles. for tuition purposes if, among other caring for a fam- The bill defines protective hairstyles requirements, they reside with their ily member with as braids, locks and twists. parent or guardian while attending a a serious health McKinney said workplace bans on public or private high school in Ne- condition. Sen. Megan Hunt natural hairstyles perpetuate racist braska and graduated from a public The bill would allow workers who stereotypes that Black hairstyles are or private Nebraska high school or voluntarily have left employment to “unprofessional.” The bill would help received a diploma of high school care for a family member, but who are address this type of non-explicit racial equivalency. seeking to return to employment, to discrimination, he said. Under LB92, be eligible for unemployment benefits. “LB451 addresses harmful practices sponsored by Sen. Current law does not allow workers that appear neutral but actually work Robert Clements who leave employment to care for a to deny job opportunities that have of Elmwood, stu- family member to receive unemploy- nothing to do with [a person’s] quali- dents who com- ment benefits, Hunt said, despite the fications and ability to do their job,” pleted the pro- fact that their employers have paid McKinney said. gram of instruc- Sen. Robert Clements into the unemployment insurance An employer could implement tion offered by a home school also fund on their behalf. health and safety standards regulating would be considered residents. “Providing this temporary safety characteristics associated with race as Clements introduced an amend- net will allow caregivers some secu- long as they are non-discriminatory ment on select file that he said would rity while they attempt to reenter the and applied equally to all employees, clarify “fairly broad” language in the workforce,” she said. and if good faith efforts to accom- original bill intended to ensure that a Columbus Sen. Mike Moser spoke modate an employee have been made. publicly funded college or university in opposition to LB260. He said it A Business and Labor Committee in Nebraska could not discriminate would strain a finite state resource. amendment, adopted 32-0, would against home-school students. “If you don’t charge the individual permit the Nebraska National Guard The amendment would prohibit employers for those [benefits paid and state, county and local law en- those institutions from discriminat- out], then the whole [Nebraska Un- forcement agencies to impose their ing against any student with regard to employment Trust Fund] balance is own dress and grooming standards. determinations of residency status or going to go down,” Moser said. “Either Senators advanced LB451 to select scholarship eligibility on the basis of the state will have to pay in to keep it file on a 38-0 vote. having been home-schooled. solvent or they will have to raise rates After adopting the amendment on on all employers.” a vote of 34-0, senators advanced LB92 Senators advanced the bill to select to final reading by voice vote. file on a 27-11 vote.

107TH LEGISLATURE • UNICAMERAL UPDATE • PAGE 5 April 6 - 9, 2021

Statewide school safety and well-being of Nebraska students, transition services to each student reporting system amended, resulting in the need for the reporting with a developmental disability two advanced system. He said the language would al- years sooner. low the state to use federal CARES Act Schools currently are required to Lawmakers adopted an amend- funds to pay for the bill’s provisions provide a coordinated set of activities ment to change the funding source through FY22-23. that help prepare qualified students for a proposed school safety reporting The department then would con- for life after high school — including program before giving the bill second- duct the cost-benefit analysis and report postsecondary education, vocational round approval April 6. to the Legislature with recommenda- training, integrated employment, LB322, sponsored by Gothenburg tions regarding continued funding. continuing and adult education, Sen. Matt Williams, would require the The amendment also would re- adult services, independent living and state Department quire parental notification within a community participation — beginning of Education to reasonable period of time if a report when they turn 16. establish a state- regarding a student is deemed cred- Under LB527, sponsored by Fre- wide, anonymous ible, unless such notification reason- mont Sen. Lynne reporting system ably could be believed to contribute Walz, schools to support threat to the endangerment of the student would begin pro- assessment teams or others. viding transition with the goal of Sen. Matt Williams Williams said the provision would services to those reducing violent incidents. address concerns that parental involve- students when they The reporting system — to be ment was left out of the original bill. turn 14. named the Safe2HelpNE report line Sen. of Norfolk cited Walz said most Sen. — would allow students, school staff, those concerns in his opposition to Nebraska school districts already start parents and community members to LB322 during general file debate and providing such services to students report information about concerning called the amendment an improve- at age 14, but some districts in rural behavior or possible harm to people ment. Students ultimately are the areas do not. or property anonymously and free responsibility of parents and not the “Those two years could make all of charge by telephone, mobile app, school system, he said. the difference in creating meaningful website or email. “At the end of the day, they’re individual transition plans,” she said. The report line would be available somebody’s children,” Groene said. In the bill’s fiscal note, the state De- to any public or nonpublic school Kearney Sen. John Lowe expressed partment of Education indicated the that has a threat assessment team and concern that students may make un- need to hire additional staff to serve maintains a current list of contact founded reports through the system that more students, at a cost of $141,000 information for at least five team would have long-range repercussions. in fiscal year 2021-22 and $146,500 members designated to receive alerts “I’m still worried,” he said. “We may in FY2022-23. from report line staff 24/7. save lives by doing this, but may we also Walz said that expenditure would As introduced, the bill would have damage other lives by doing this?” make Nebraska eligible for approxi- appropriated $899,000 in general Following adoption of the Wil- mately $1.3 million in federal funds for funds for the reporting system in fis- liams amendment on a 41-0 vote, sena- transition services over those two years. cal year 2021-22 and FY22-23. At tors advanced LB322 to final reading “Currently, we are not taking full the end of 10 years, the department by voice vote. advantage of the federal tax dollars would report cost-benefit data and available to us,” Walz said, “and with recommendations to the Legislature Earlier transition services this small investment, we could greatly regarding the continued viability of for students with disabilities improve the lives of special needs stu- the report line. advanced dents in our rural areas.” Williams offered an amendment Senators voted 37-0 to advance on select file that instead would state a Senators gave first-round approval LB527 to select file. legislative finding that the COVID-19 April 6 to a bill that would require pandemic has impacted the health Nebraska public schools to provide

PAGE 6 • UNICAMERAL UPDATE • 107TH LEGISLATURE April 6 - 9, 2021

would allow the any alcohol vendor. holder of a Class C “I don’t know of a liquor store that or Y liquor license doesn’t sell a candy bar or a bag of to sell alcohol not chips,” Groene said. Lawmakers adopted the Lowe Omnibus liquor law bill in the original amendment on a 36-1 vote. amended, advanced package — such as a mixed drink, Groene introduced an amendment After debate spanning two days, cocktail or wine Sen. when select file debate resumed April lawmakers amended a bill that would slushies — for consumption off the 6 that would allow Nebraska micro- make a number of changes to Ne- premises. The holder of a Class I li- distilleries to produce up to 100,000 braska’s liquor laws before advancing quor license could do the same if the gallons annually. Under current law, it from select file April 6. alcohol is not partially consumed and microdistilleries are limited to produc- LB274, introduced by Sen. John is purchased with food. tion of 10,000 gallons annually. Lowe of Kearney, Geist introduced an amendment Groene said some distilleries have would create a during select file debate March 31, shut down after reaching the current new promotional adopted 41-0, that would require Class production cap. farmers market C, I and Y liquor license holders to “We need to fix this issue so they special designated inform the Nebraska Liquor Control can grow,” he said. license. Under the Commission of their intention to sell Senators adopted the Groene bill, farm winer- alcohol not in its original package for amendment 40-0 and advanced LB274 ies, craft breweries Sen. John Lowe off-premises consumption when apply- to final reading on a voice vote. and micro-distilleries that currently ing for or renewing a license. are licensed to manufacture alcoholic Lowe offered an amendment that beverages could apply for the SDL, would allow the holder of a Class B, which would allow sales at any farmers C, D, L, Y or Z retail liquor license market for one year, subject to local to sell alcohol to an individual 21 or approval. older who is in a motor vehicle if the Juvenile legal counsel measure Currently, such entities must apply alcohol is sold along with food. The advanced for an SDL for each event at which proposal would require alcohol to be they sell alcohol. placed in the vehicle’s trunk or in an Lawmakers advanced a bill from The bill was amended on general area behind the last upright seat. general file April 7 that would ensure file to include pro- A licensee that chooses to sell alco- legal representation for juveniles facing visions of LB578, hol in this manner would be required removal from their home by the state. introduced by to provide notice to the LCC. Under LB307, sponsored by Lin- Omaha Sen. Tony Sen. Megan Hunt of Omaha sup- coln Sen. , if a Vargas. The provi- ported the amendment. She said the juvenile waives sions would create provisions — originally authorized the right to le- a new category of under an executive order signed by gal counsel, the alcoholic beverage Sen. Tony Vargas the governor in 2020 —have worked court would be and set the excise tax at 95 cents a well over the past year. required to af- gallon. Ready-to-drink cocktails would “We did not see an increase in fatali- firmatively show be charged $3.75 per gallon without ties from drunk driving,” Hunt said. that the juvenile creation of the new category, which North Platte Sen. Mike Groene would not be Sen. Patty Pansing Brooks defines a ready-to-drink cocktail as said he originally supported LB274 but removed from their home or detained spirits in an original container with could no longer do so with the Lowe outside of the home: up to 12.5 percent alcohol by volume. amendment attached. He said the • between adjudication and dis- Also included are provisions of amendment may have been intended position of the case; LB72, introduced by Sen. Suzanne to apply to grocery stores, but that its • during any probationary period; Geist of Lincoln. Those provisions scope was broad enough to include or

107TH LEGISLATURE • UNICAMERAL UPDATE • PAGE 7 April 6 - 9, 2021

• in response to an alleged proba- offered an amendment to reinstate their highest earning years — that every tion violation. the provision removed by the Judi- two years we fix their wage and provide Pansing Brooks said the bill would ciary Committee amendment. He for a raise in their pay,” he said. ensure counsel in cases when the conse- ultimately opposed the bill, saying The bill would set the salary in- quences for a child are the most severe. it would violate a juvenile’s constitu- crease at 3 percent each fiscal year, “[Juveniles] do not even begin to tionally protected right to represent totaling $192,647 in FY2021-22 and have a grasp of our legal system or any themselves in court. $198,426 in FY2022-23. of their rights because, of course, they Omaha Sen. Justin Wayne opposed Omaha Sen. Megan Hunt opposed are kids,” she said. the Groene amendment. Current state the bill. Nebraska Supreme Court The Nebraska State Supreme Court law prohibits minors from entering judges should not be “rewarded” with would develop a process to ensure that into contracts due to their lack of ma- a pay increase, she said, after they a juvenile is provided with an opportu- turity, he said, but does not explicitly prevented a proposed constitutional nity to consult counsel in making the prohibit them from making serious amendment to legalize medical mari- initial decision to waive counsel. legal decisions on their own. juana from appearing on the 2020 A Judiciary Committee amend- “They can’t even enter into [a general election ballot. ment, adopted 29-3, removed a re- contract] to buy a car when they’re 16 “The court disregarded an un- quirement in the original bill that a but we expect them to navigate a sys- equivocal request from the people of prosecutor waive the possibility of any tem that has lifelong consequences,” Nebraska who pay the taxes that pay pre- or post-adjudication out-of-home Wayne said. their salaries,” Hunt said. placement for a juvenile who waives Groene withdrew his amendment Senators voted 37-1 to advance counsel. and senators voted 29-2 to advance LB386 to select file. Supporting the bill was Sen. John LB307 to select file. Cavanaugh of Omaha. He said it Financial assistance for assault would create a more just legal system Judicial salary increases patients clears first round that serves the needs and rights of all advanced citizens. Individuals who have experienced “This bill will create a structure that Nebraska judges would receive a domestic or sexual violence could will allow — when the most serious raise under a bill advanced from gen- avoid a lengthy and expensive re- repercussions are being held over a eral file April 9. imbursement process under a bill [juvenile’s] head — that they have the LB386, spon- advanced from general file April 6. opportunity to consult with someone sored by Omaha Under LB497, sponsored by Ben- who understands the process and Sen. Steve Lath- nington Sen. Wendy DeBoer, a health understands what’s going to happen rop, would in- care provider down the road ... if things don’t go crease Nebraska could apply to the their way,” Cavanaugh said. Supreme Court Nebraska Crime Lincoln Sen. Suzanne Geist raised judges’ salaries for Victim’s Repara- concerns about language in LB307 fiscal year 2021-22 Sen. tions Program for that she characterized as unclear, but and FY2022-23. The current salary is reimbursement of said she supported its goals. She said $187,035. costs associated the outcomes of juvenile court cases District, county, juvenile, appellate with treating or Sen. Wendy DeBoer can have a direct impact on an indi- and workers’ compensation court examining an individual’s injuries vidual’s future involvement with the judges’ salaries statutorily are based directly related to sexual assault or legal system. on a percentage of the Supreme domestic abuse. “If we do a good job in juvenile Court judges’ salaries, Lathrop said, The reimbursement would cover court, detention and treatment, my so those judges also would receive a the portion of costs that are not cov- hope is that we can slow the progres- salary increase. ered by insurance or other sources sion into adult court to a trickle,” “It is important if we are going to at- and typically would be paid by the Geist said. tract and retain good quality lawyers to patient. Currently, a person receiving North Platte Sen. Mike Groene serve the state — typically coming from such services would be billed and be

PAGE 8 • UNICAMERAL UPDATE • 107TH LEGISLATURE April 6 - 9, 2021 required to pay for the services before amortization pe- retirement plan adequately, he said, then applying for reimbursement. riods to reflect but should not fund essential govern- DeBoer said she introduced the bill current actuarial ment responsibilities through fees to ensure that potential medical costs standards for the — particularly when the impact is felt do not pose a barrier to individuals judges’, state pa- disproportionally by those least able seeking needed medical care. trol and school em- to afford those fees. “This existing process creates finan- ployee retirement “We are incarcerating people based cial stress for a survivor and delays pay- plans. Beginning Sen. off of their inability to pay [court] ment to providers,” she said. “LB497 July 1, 2021, the amortization period fees,” Cavanaugh said. provides a more direct process, allow- would be reduced from the current Sen. Justin Wayne of Omaha also ing a hospital to apply directly to the 30-year period to a 25-year period. offered and withdrew an amendment CVR program for reimbursement of The bill also would authorize the that would have funded the shortfall costs that would otherwise be billed actuary to combine or offset certain through a $3 million direct transfer to the victim.” amortization bases to reduce future from the state’s General Fund to the A Judiciary Committee amend- volatility. judges’ retirement plan. ment, adopted 42-0, would require Discussion focused on provisions of The state has the resources to that a health care provider obtain a a Nebraska Retirement Systems Com- ensure that the retirement plan is patient’s consent before applying for mittee amendment that would add fully funded, he said, and shouldn’t reimbursement. It also would add provisions of LB24, also introduced rely on a revenue stream that could child abuse as an offense eligible for by Kolterman. The provisions would infringe on people’s ability to access reimbursement. increase several court fees — and the ear- the courts and exercise their constitu- Omaha Sen. Megan Hunt sup- marked amount of other court fees — to tional rights. ported LB497, saying Nebraska can provide additional revenue to cover a “We have more money in the bud- and should do more for survivors and shortfall in the judges’ retirement plan. get than we can allocate,” Wayne said. victims of sexual assault. Under the committee amendment, Kolterman said he is working on “We know that so many survivors several court fees would increase an amendment to be offered on select of sexual assault are under the age of beginning July 1, 2021, and rise incre- file that would halt the proposed fee 18,” she said. “We need to give them mentally until July 1, 2025. increases if the judges’ retirement plan the support that they need in order Kolterman said the judges’ retire- is 100 percent funded for more than to recover from that experience and ment plan has been funded by contri- two consecutive years. go on to get their life back on track.” butions from Nebraska’s judges and The committee amendment, which Senators advanced the bill to select court fees since it was established in also includes provisions of Kolter- file on a 44-0 vote. 1955. The plan does not include an man’s LB16 that would add a 5 per- employer contribution, he said, and cent state contribution to the judges’ revenue from court fees has declined retirement plan starting July 1, 2023, steadily in recent years due to an in- then was adopted 38-2. crease in pretrial diversion programs Following adoption of the commit- and waivers. tee amendment, senators voted 35-5 to This trend accelerated during the advance LB17 to select file. Retirement bill clears first round 2020 pandemic, Kolterman said, resulting in a 22 percent decrease in A measure that would shorten revenue for the judges’ retirement plan the amortization period for certain and an actuarially required payment state retirement plans was amended from the state of $1.4 million. to address a shortfall in the judges’ Omaha Sen. John Cavanaugh of- Joint hearing for property tax retirement plan and advanced from fered and later withdrew an amend- request increases advanced general file April 7. ment that would have halted the LB17, as introduced by Seward Sen. increase in court fees after 2023. Counties, cities, school districts Mark Kolterman, would adopt shorter The state needs to fund the judges’ and community colleges seeking to

107TH LEGISLATURE • UNICAMERAL UPDATE • PAGE 9 April 6 - 9, 2021 increase the amount of property taxes If one of those political subdivi- eliminate a current provision allowing they collect first would have to hold sions includes an area in more than political subdivisions up to five years a joint public hearing under a bill one county, it would be deemed to be to pay the refund. advanced from general file April 7. within the county in which its princi- Under the amendment, interest Under current law, the governing pal headquarters are located. would accrue at a rate of 9 percent bodies of nine different political subdi- Under the amendment, the hear- on the unpaid balance beginning visions may increase their property tax ing would be held on or after Aug. 20 30 days after the entry of the final requests after holding a public hearing and before Sept. 27 and before any of non-appealable order or other action called for that purpose and by passing the participating political subdivisions approving the refund. a resolution or ordinance. file their adopted budget statement. Sen. of Elkhorn Under LB644, The amendment also adds informa- supported the Halloran amendment, as introduced by tion to be printed on the postcard. It saying taxpayers must pay political Sen. Ben Hansen would include the property’s assessed subdivisions 14 percent interest on of Blair, those po- value in the previous and current tax delinquent property taxes. litical subdivisions years, the amount of property taxes due “It seems to me that it’s more than a could increase in the previous and current tax years for little reasonable — if they’re not going to their property tax each participating political subdivision pay me back money they owe me — that requests only if Sen. Ben Hansen and the change in the amount of prop- they would pay me interest,” she said. they first participate in a joint public erty taxes due for each participating Linehan also supported LB644 and hearing. political subdivision from the previous the committee amendment. Under The bill would require counties to tax year to the current tax year. Hansen’s proposal, she said, taxpay- notify affected taxpayers of the hearing The postcard also would include ers for the first time would receive by postcard, the cost of which would the name of the county that will hold detailed information on how increas- be shared by the political subdivisions the joint public hearing, a listing of ing valuations would affect their total seeking to increase their property tax and telephone number for each par- property tax bill before political sub- request. ticipating political subdivision and the divisions adopt their budgets. Hansen said the large number of amount of each political subdivision’s If such a requirement had been in taxing entities in Nebraska makes it dif- property tax request. place in recent years, Linehan said, the ficult for taxpayers to attend each one’s Sen. of Hastings Legislature might not be spending ap- budget meeting. LB644 would require introduced an proximately $700 million in property representatives from each political sub- amendment, ad- tax relief over the next two years. division intending to increase property opted 35-1, that in- “We have a messed up system, and taxes to gather in one place, he said, cludes his LB189. this is a great step in the right direc- improving communication between It would repeal a tion,” she said. citizens and their local government. provision allow- Albion Sen. also sup- “A simple thing such as a postcard ing political sub- ported LB644, saying the proposed and a meeting with elected officials divisions to delay Sen. Steve Halloran postcard could be an “eye-opener” that can go a long way with the public,” paying a refund of real or personal encourages public engagement in the Hansen said. property taxes by declaring a hardship. local budgeting process. The proposed hearing would be Under current law, if a political He also supported Halloran’s held after 6 p.m. between Aug. 20 and subdivision lacks sufficient funds to amendment, saying a taxpayer who Sept. 20 and would be open to public pay a refund, the county treasurer reg- wins a valuation appeal should not have testimony. Its agenda would include isters it as a claim against the political to “bankroll” their local government. only the property tax request proposals. subdivision and issues a receipt to the “You should be able to get your Under a Revenue Committee person entitled to the refund. money back,” he said. “And if you amendment, adopted 36-1, the joint Halloran’s proposal would require can’t, I think some interest is appropri- hearing requirement would apply only the political subdivision’s governing ate to encourage and incentivize the to counties, cities, school districts and body to make provisions in its next counties to get you paid back.” community colleges. budget to pay the refund. It also would Sen. John Arch of La Vista support-

PAGE 10 • UNICAMERAL UPDATE • 107TH LEGISLATURE April 6 - 9, 2021

ed LB644 on the first round of debate employees and customers. pay a registration fee and provide a but said he would work with Hansen “These structures are to be built certificate of general liability insurance to amend the bill on select file. for the purpose of business,” he said. of not less than $250,000. Arch said he was concerned that Bellevue Sen. sup- LB423 would take effect Jan. 1, property tax increases due to wage ported the bill. She said it would aid 2023, and violations of the bill’s inflation or real property growth — responsible development and foster provisions would be a Class IV mis- particularly in Sarpy County — could affordable housing. demeanor. trigger the proposed joint hearing. “Bellevue wouldn’t be Bellevue Under current law, home inspec- Arch also suggested that the state without SIDs,” Blood said. tors are not required to be licensed or share the cost of creating and mailing Senators advanced LB81 on a 31-0 register with the state, Lathrop said, the postcards. vote. leaving home buyers without recourse Omaha Sen. Megan Hunt opposed if inspectors overlook a defect that is LB644, saying it would impose an Home inspectors registry costly to repair. unfunded mandate on counties when advances “The goal is simply to provide a many senators are focused on control- minimum level of accountability for ling local government spending. Home inspectors in Nebraska home inspectors and provide Nebras- “I trust local elected officials to would be required to register with kans with some protection when mak- handle their business,” she said. the state under a bill advanced from ing what is often the largest purchase “I don’t think that they need us to general file April 6. of their lives,” he said. babysit them and make them do this LB423, intro- An Urban Affairs Committee when in Nebraska we are already very duced by Omaha amendment, adopted 43-0, would es- mindful of taxation and spending.” Sen. Steve Lath- tablish a maximum registration fee of Senators voted 36-1 to advance the rop, would require $300 and allow an inspector to list any bill to select file. Nebraska home in- national home inspection certification spectors to register he or she holds. with the Nebraska Lawmakers advanced LB423 to secretary of state, Sen. Steve Lathrop select file on a 41-0 vote. n

Expanded SID authority clears first round Unicameral Youth Legislature Sanitary and improvement districts could build off-street parking facili- registration open ties under a bill that advanced from igh school students with an Students will learn about the inner general file April 6. Hinterest in law, government, workings of the Legislature directly LB81, intro- leadership or public speaking are from senators and staff. Bills will be duced by Sen. encouraged to register for the 2021 based on legislation considered during Robert Hilke- Unicameral Youth Legislature, which the current legislative session. mann of Omaha, will convene June 13-16. The University of Nebraska–Lincoln’s would enable The Unicameral Youth Legislature Extension 4-H Youth Development Of- SIDs to acquire, is a four-day legislative simulation con- fice coordinates housing and recreational purchase, own, ducted at the State Capitol Building activities for the camp as part of their erect, construct, Sen. and coordinated by the Clerk’s Office Big Red Summer Camps program. equip, operate or maintain off-street of the Nebraska Legislature. Student Registration forms can be obtained parking facilities. senators will sponsor bills, conduct from the Legislature’s Unicameral The bill’s intent, Hilkemann said, committee hearings, debate legisla- Youth Legislature page: www.Nebras- is for businesses operating outside of tion and discover the unique process kaLegislature.gov/uyl. city limits to provide parking for their of the nation’s only unicameral. The registration deadline is May 28.

107TH LEGISLATURE • UNICAMERAL UPDATE • PAGE 11 Unicameral Information Office PRESRT STD Nebraska Legislature U.S. POSTAGE PAID P.O. Box 94604 LINCOLN, NE Lincoln, NE 68509 PERMIT NO. 212 03-23-05