April 6-9, 2021
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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. John Stinner (center) said the Appropriations Committee proposal would allow lawmak- until the need for $211 million above ers to examine options to address Nebraska’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. Anna Wishart 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 The Unicameral Update is a free, weekly newsletter published during the legislative session. It is produced by the Clerk of the Legislature’s Office through the Unicameral Information Office. For print subscriptions, call 402-471-2788 or email [email protected]. Visit us online at Update.Legislature.ne.gov, twitter.com/UnicamUpdate and facebook.com/UnicameralUpdate. Clerk of the Legislature: Patrick J. O’Donnell Editor: Kate Heltzel; Writers: Kyle Harpster, Ami Johnson, Mike Malloy; Photographer: Bess Ghormley Printed copies of bills, resolutions and the Legislative Journal are available at the State Capitol room 1104, or by calling 402-471-2709 or 800-742-7456. Status of bills and resolutions can be requested at that number or can be found on NebraskaLegislature.gov. Live video of hearings and floor debate can be viewed on NET2 and at NetNebraska.org/capitol. Senators may be contacted by mail at this address: Senator Name, District #, State Capitol, P.O. Box 94604, Lincoln, NE 68509-4604 Assistance provided by the Clerk of the Legislature’s Office, the Legislative Technology Center, committee clerks, legal counsels, journal clerks, pages, transcribers, mail room and bill room staff and the State Print Shop. THE NEBRASKA LEGISLATURE’S OFFICIAL NEWS SOURCE SINCE 1977 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 Mike Hilgers 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. Megan Hunt 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. Machaela Cavanaugh 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- Tony Vargas, the bill to select file 38-0.