Vol. XXXVI No. 11 UNICAMER AL March 18 - 21, 2013

• the Legislature’s news source since 1977 • stories published daily at update.legislature.ne.gov UPDATE Tax modernization Bill to increase juvenile commission plan advanced court usage advanced fter several days of discussion, senators gave first-round ap- A proval March 20 to a bill that would establish the Tax Modernization Commission to review and recommend updates to Nebraska’s tax code. Under LB613, introduced by Columbus Sen. Paul Schum- acher, the com- mission would continually re- view and recom- mend updates to Nebraska’s tax Sen. Paul Schumacher code. Schumacher said the Legislature needs to take a step back and look at tax policy as a whole. “This is far more complex and in- volved, dealing with so many interests, that we need to pause for a moment,” he said. “We need to try to figure out in the long term what is right for the Sen. Brad Ashford explains the role of the juvenile court system. people of Nebraska and what will enators advanced a bill March a felony or a misdemeanor and the hopefully serve the state as long as the 21 that would result in fewer juvenile was 16 or 17 years old at the current system.” Sjuvenile offenders being tried time the crime was committed. An Executive Board amendment, in adult court. Ashford said prosecutors currently adopted 47-0, replaced the bill. Under LB464, introduced by file juvenile cases in adult court re- As amended, LB613 would direct Omaha Sen. Brad Ashford, all charges gardless of the severity of the offense. the commission to consider fair- against juveniles younger than 18 years In 2012, 4,537 Nebraska youth were ness, competitiveness, simplicity and old would be filed in juvenile court. charged as adults, he said, and a ma- compliance, stability, adequacy and Cases could be transferred to adult jority of those cases were for minor complementary tax systems as it evalu- court upon a motion by the prosecutor offenses. Requiring more cases to ates Nebraska’s current tax code. and be heard before the juvenile court originate in juvenile court would give The commission would comprise if the alleged law violation is either more youth a chance at rehabilitation the speaker of the Legislature and (continued on page 2) (continued on page 3)

INSIDE: Contraception access discussed • Meet Sen. Kintner • Hearing schedule • Speaker priority bills March 18 - 21, 2013

Bill to increase juvenile Unicameral court usage advanced Youth (continued from front page) Legislature and reduce their odds of having crimi- adult is cruel and unusual for a child.” nal records, he said. Scottsbluff Sen. John Harms also Further, Ashford said, Nebraska’s supported the bill, saying that Ne- juvenile justice system is based on a braska has one of the highest youth prosecutory model and not a rehabili- incarceration rates in the nation. tative model, which results in higher “Youth are more susceptible to recidivism rates. The judicial system peer pressure and incapable of weigh- is beginning to recognize that chil- ing long-term consequences,” he dren’s brains function differently from said. “Juvenile court was established adults’, Ashford to recognize the said, and that unique needs igh school students with an interest in law, government, juveniles must and treatment H “What may not leadership or public speaking are receive suffi- of children that encouraged to register for the cient treatment be considered are not offered 2013 Unicameral Youth Legisla- for abuse and in adult court.” ture, which will convene June 9-12. mental health cruel and Columbus issues that may Sen. Paul Schum- The Unicameral Youth Legis- be overlooked in unusual for an acher said he was lature is a four-day legislative adult court. concerned about simulation conducted at the “This bill is adult is cruel reversing the State Capitol Building and co- so very critical current proce- ordinated by the Clerk’s Office of the . Stu- to starting the and unusual for dure that allows dent senators will sponsor bills, [juvenile justice] a child.” county attorneys conduct committee hearings, continuum in to determine in debate legislation and discover the right place, which court ju- -- Sen. the unique process of the na- and that is the venile cases are tion’s only unicameral. juvenile court prosecuted and Students will learn about the system,” Ashford said. instead provide judges more discre- inner workings of the Legislature A Judiciary Committee amend- tion. directly from senators, staff and ment, adopted 37-0, would no longer “I think what we are dealing with lobbyists. Bills will be based on require juveniles who are committed is an attempt to channel the county legislation considered during the current legislative session. to the Office of Juvenile Services to attorneys’ discretion,” he said. “That remain committed until they are 21 really does not change the underlying Early-bird registration is avail- years old or legally discharged. issue we are dealing with, which is a able until April 1. Registration Omaha Sen. Ernie Chambers juvenile system that is cumbersome forms can be obtained from the spoke in support of the bill. Children and does not serve our children in the Legislature’s Unicameral Youth are not miniature adults—their brains most effective way.” Legislature page: are not fully developed until they reach Senators advanced the bill from www.nebraskalegislature.gov/ their 20s, he said. general file on a 39-0 vote. g education/unicamyouth.php “We do not want cruel and unusual and the UNL Big Red Summer punishments inflicted on children,” Academic Camps website: liferaydemo.unl.edu/ Chambers said. “What may not be web/4hcamps/bigredcamps. considered cruel and unusual for an The registration deadline is May 15.

PAGE 2 • UNICAMERAL UPDATE • 103RD LEGISLATURE March 18 - 21, 2013 Meet the Senator New senator steps up to the plate en. Bill Kintner has spent his “Simply put, the government life involved in two games: spends too much money,” Kintner Sbaseball and politics. His Capi- said, noting that he visited a variety tol office décor – a mixture of sports of state agencies before the legislative memorabilia and an homage to for- session began, to learn where and how mer President – leaves citizen’s tax dollars are being spent. little doubt about where his heart lies. Originally from Cincinnati, Kintner “I was a foot soldier in the ‘Regan decided to take advantage of his greater Revolution,’” Kintner said, tracing his level of job flexibility and make his interest in politics and fiscal conserva- home in Nebraska with his wife Lauren. tism to his college days. After volun- Never one to shrink from a chal- teering in the 1984 presidential race, lenge, Kintner manages to find time to he went on to lead several political work his “day job” as a market research campaigns, beginning with a congres- sales professional, as well as occasion- sional campaign in North Carolina ally putting in time as a sports writer when he was just 25 years old. and baseball umpire for high school “I’ve worked on tons of campaigns and college games. over the years,” he said. “I just never A former high school baseball thought I’d run myself.” coach, Kintner joked that he has “gone Kintner said it was his interest in over to the dark side” as an umpire – a reducing the size of government and position he clearly relishes. making it more efficient in delivering “I still get to be involved in the Sen. Kintner enjoys working as an umpire for high school and college baseball games. needed services that led him to run for game I love,” he said. “I still manage to a seat in the Unicameral. get paid to have dirt under my feet.” g

Tax modernization commission plan advanced (continued from front page) members of the appropriations, health at least once per year to review and “We need to take a step back and and human services, revenue and leg- evaluate the tax code. make a determination on how best to islature’s planning committees. Kearney Sen. Galen Hadley sup- make changes instead of quickly push- Ex-officio members would include ported the bill. He said the goal of the ing through radical changes,” he said. the Legislature’s fiscal analyst, tax commission would be to ensure that In an effort to extend debate, experts from the University of Ne- all Nebraskans are treated equitably Omaha Sen. Ernie Chambers brought braska and the tax commissioner and under the tax code. several technical amendments that he property tax administrator from state “It is very clear to us that people said would improve a poorly worded Department of Revenue. would like us to look at modernizing bill. Under the bill, the commission our tax system,” Hadley said. “We After senators adopted several of would provide a preliminary report need to make sure we can look at this the amendments, Schumacher moved to the Legislature and the governor from a neutral standpoint.” to invoke cloture, or cease debate on by Dec. 15, 2013, and a final report Omaha Sen. Heath Mello also the bill. Senators obliged on a 44-2 would be due by Nov. 15, 2014. The supported the bill, saying it is the ap- vote and advanced the bill to select commission would continue to meet propriate path forward. file 47-1. g

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effort to train Nebraska’s youth for a Laura Kliewer, director of the Appropriations future in wind energy. Midwest Interstate Passenger Rail “This is all about creating jobs and Commission, testified in support of Funding sought for wind economic opportunity for the future,” the bill. Ridership on the existing energy projects in schools Hansen said. corridor service in the Midwest has No opposition testimony was of- grown rapidly in recent years, she said, The Appropriations Committee fered and the committee took no noting that the number of riders has heard testimony March 19 on a bill immediate action on the bill. doubled since 2004. intended to replace federal funding for Kliewer said Nebraska was one of a wind energy initiative in Nebraska. Funds sought for rail compact the first states to join the compact, LB184, introduced by Malcolm dues which she said has helped Midwest Sen. Ken Haar, would appropriate states obtain $2.6 billion in federal $50,000 annually The Appropriations Committee funds for rail improvements, including in fiscal years 2013- heard testimony March 21 on a bill the Omaha to Chicago corridor. 14 and 2014-15 to intended to bring Nebraska up-to-date David Purdy, president of ProRail the University of on the state’s dues to the Midwest Nebraska, also supported the bill, say- Nebraska Board of Interstate Passenger Rail Compact. ing it is important for Nebraska to be Regents for the Ne- LB486, intro- part of regional rail planning so that braska Wind Appli- duced by Fuller- the state is not left behind. cation Center. Sen. Ken Haar ton Sen. Annette “Passenger rail exits and it is headed The center partners with K-12 schools Dubas, would ap- our way,” he said. “Rail development across the state to build turbines and propriate $15,000 that doesn’t point toward Omaha will study wind energy, Haar said. Federal in fiscal year 2014- go in other directions.” funding that has supported the project 15 to the Legisla- No one testified in opposition to since 2007 is ending, he said, and the tive Council to pay Sen. Annette Dubas the bill and the committee took no bill would provide a two-year bridge until Nebraska’s annual dues to the compact. immediate action on it. private funding sources emerge. The bill also asks for an unspecified “It’s a hands-on project that gets appropriation for the current fiscal kids excited, gets kids motivated,” Haar year to bring the state current on its Business & Labor said. “After water, wind is probably our past dues, which have been in arrears greatest potential in the state. There since 2010. Workers’ compensation will come a time when we utilize that Nebraska stopped paying annual changes discussed potential, and the sooner the better.” dues to the compact because of bud- Dan McGuire, facilitator of the get constraints, Dubas said, and is The Business and Labor Com- Nebraska Wind for Schools Program, now $60,000 in arrears. She said the mittee heard testimony March 18 on testified in support of the bill. The Ne- compact may be willing to negotiate two bills that would change certain braska Wind Application Center has for less than the full amount of the provisions of Nebraska’s workers’ worked with the program to develop dues owed, which is why the dollar compensation system. partnerships with 25 schools, he said, amount for the current fiscal year was LB324, sponsored by Omaha Sen. providing students with an up-close left unspecified in the bill. Scott Lautenbaugh, would revise understanding of wind energy. Dubas said the state should seek to the interest rate “The program provides teachers regain membership in good standing in applicable to a and students with direct, hands-on ex- the compact in order to have a voice in workers’ com- perience with wind turbines,” he said. regional passenger rail development. pensation ben- John Hansen, president of the “I believe that it’s important for efit award in Nebraska Farmers Union, also sup- Nebraska to remain a member of this cases in which ported the bill, saying the support compact,” she said. “I think we should an attorney’s fee that the Nebraska Wind Application be at the table as the future of rail is is allowed from Sen. Scott Lautenbaugh Center provides to schools for building discussed.” the rate provided in statute – currently turbines is an important part of the 14 percent – to the judgment rate.

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The bill also would allow employ- Under the bill, no insurer, risk- provided to a claimant is appropriate. ees, prior to the time of sustaining management pool or self-insured Furthermore, he said, providers an injury, to “opt out” of having employer would be responsible for already have access to evidence-based first injury reports relating to their charges for medical, surgical or hospi- treatment guidelines. workplace injuries made available for tal services not provided in accordance “From a treatment standpoint … public inspection or copying except with the official disability guidelines the guidelines don’t give me much,” under specified circumstances. unless such services were: Crabb said. “It is just a laundry list of In addition, the bill stipulates that no • provided in a medical emergency; possible options.” compensation would be allowed if an • preauthorized by the insurer, The committee took no immediate employee falsely represented his or her risk-management pool or self- action on either bill. medical condition at the time of hiring insured employer; or and a causal connection existed between • approved by an independent the false representation and an injury. medical examiner. Education Robert Hallstrom, representing the If the parties to a dispute agreed to Nebraska Chamber of Commerce and use an independent medical examiner, Early childhood education Nebraskans for Workers’ Compensa- the medical findings of the indepen- allocation discussed tion Equity and Fairness, testified in dent medical examiner would be support of the bill. The 14 percent in- binding on the parties and constitute The Education Committee heard terest rate may have been appropriate a final resolution. testimony March 19 on a bill that when it was put in place, he said, but Smith said the bill would save time would allocate funds to support early is out line with current interest rates. and money by eliminating unneces- childhood education grant programs. Hallstrom said interest rates in sary back and forth between providers LB495, introduced by Cedar Rapids workers’ compensation benefit cases and payers. Sen. Kate Sullivan, would direct funds should be tied to other money judg- “Twenty-eight states have adopted from the Education ment rates. evidence-based utilization and treat- Innovation Fund to “Virtually all other money judg- ment guidelines and have seen success the early childhood ments are at 2 percent,” he said. with this policy,” he said. education grant pro- Robert Moodie of the Nebraska Dr. Doug Martin of St. Luke’s gram administered Association of Trial Attorneys testified Center for Occupational Health Excel- by the state Depart- in opposition to the bill, saying the 14 lence in Sioux City testified in support ment of Education. percent interest rate applies only when of the bill. He said the involvement of Scheduled distribu- Sen. Kate Sullivan an award is not paid within 30 days. employers, attorneys, human resource tions include $1.75 million in fiscal The provision is based on the same professionals and state and federal year 2013-14, $1.85 million in FY2014- principle that encourages people to agencies can complicate and delay 15 and $1.95 million in FY2015-16. pay their taxes on time, he said. treatment of injured workers. Sullivan said the cost of the grant “Any employer that pays benefits “It’s not just the doctor and the allocations would not require new when they’re supposed to pay them is patient,” Martin said, adding that fol- funding. not going to pay any interest,” Moodie lowing specified treatment guidelines “We’re not talking about new money said. would streamline the process. here,” Sullivan said. “We’re talking LB584, sponsored by Papillion “The goal here is only on one single about using funds that have been previ- Sen. Jim Smith, thing,” he said, “and that is to do what ously allocated for other things. Those would require the is in the best interest of the Nebraska programs would now be supported scope and duration patient worker.” through a different funding source.” of medical, surgical Omaha orthopedic surgeon Ian An additional $1 million from the and hospital ser- Crabb testified in opposition to the Education Innovation Fund would be vices to be provided bill, saying it would not improve the directed annually for the next three in accordance with state’s workers’ compensation system. fiscal years to the Early Childhood the official disabil- Sen. Jim Smith Most disputes regarding claims involve Endowment Cash Fund for grants to ity guidelines published by the Work whether or not an injury happened at public school programs that serve at- Loss Data Institute. work, he said, not whether the treatment risk children from birth to age three.

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The bill also would change a fund- the rule coerces students, teachers and ment within six months of their election ing source for programs currently sup- parents to comply out of fear. or appointment. Board members who ported by the Education Innovation “Any child who behaves differently have served at least one year would be Fund. General fund dollars would be is marked ‘odd child out,’” he said. required to complete a minimum of used to fund: “There can be serious negative reper- eight professional development hours. • an integrated student informa- cussions in a community because some Harr said school boards are fac- tion system; people equate whether or not you say ing greater scrutiny, oversight and • the Center for Student Leadership this pledge with being a patriot.” demands for transparency. and Extending Learning Act; Mike Lewis, chairman of the Ne- “There is broad agreement among • multicultural education; and braska Secular Advocates, supported board members at the state and • employment costs for individu- the bill, saying that the pledge forces national levels that the advent of als investigating and prosecut- nonreligious people to acknowledge performance-based accountability has ing alleged teacher and admin- the existence of God. changed the way local boards operate,” istrator certificate violations. “Atheists are just as proud to be he said. “Continuing education for Melody Hobson, representing the Americans as people who are reli- board members is just as important state Board of Education, supported gious,” Lewis said. “This rule need- as continuing education for teachers.” the bill. She said investments in early lessly sets students and teachers apart, The training, administered by the childhood programs pay for themselves. making them seem unpatriotic.” state Department of Education, could “Since 2006, more than 100 school Representing the Nebraska Dis- include: districts in Nebraska have benefited abled Veterans, Greg Holloway op- • the powers and duties of school from an early childhood program grant,” posed the bill. He said the department board members; she said. “These programs reduce the has the authority to create rules like • compliance with public re- readiness gap that schools see with the one disputed in LB540. cords laws; children upon entry into kindergarten.” “The Department of Education • compliance with education No one testified in opposition to is entrusted to decide what is in the standards; the bill and the committee took no history books,” he said. “This is no • the financial and fiduciary du- immediate action on it. different than setting aside time for ties of board members; the instruction of history within our • financial planning training; Bill would overturn pledge of educational process.” • education and labor law; allegiance requirement The committee took no immediate • ethics training; and action on the bill. • information on the school The Education Committee heard district’s demographics, gradua- testimony March 18 on a bill that Professional development tion and dropout rates, truancy, would make reciting the pledge of al- for school board, council staffing levels and educational legiance in public schools voluntary. members proposed assessment scores. LB540, introduced by Omaha Any board member who fails to com- Sen. Ernie Chambers, would nullify a Public school board members plete the required professional develop- rule adopted last would be required to complete profes- ment would not be eligible for reelection year by the state sional development training under a or reappointment in the following elec- Department of bill heard by the Education Commit- tion cycle, but would be eligible during Education re- tee March 18. the subsequent election cycle. quiring that all LB575, introduced by Omaha Sen. John Bonaiuto, representing the public school Burke Harr, would Nebraska Association of School students be led require newly elected Boards, opposed the bill, but not the in the pledge of Sen. Ernie Chambers or appointed board concept of professional development. allegiance to the United States flag or council members “We oppose making the profession- every day that school is in session. to complete a mini- al development mandatory,” he said. The rule allows a student to opt out mum of 12 hours of “Our data shows that 75-80 percent of of saying the pledge. Chambers said professional develop- board members are already involved Sen. Burke Harr

PAGE 6 • UNICAMERAL UPDATE • 103RD LEGISLATURE March 18 - 21, 2013 in or taking some kind of training.” No one testified in support of the Government, Health & Human bill and the committee took no im- mediate action on it. Military & Services Veterans Affairs Expansion of contraceptive access discussed Executive Board Emergency management registry bill amended, advanced The Health and Human Services Senators appointed to Committee heard testimony March 20 behavioral health committee Senators gave second-round ap- on two bills that would expand access to proval March 20 to a bill intended contraceptive health care in Nebraska. The Executive Board met March 21 to facilitate assistance to people with and appointed senators to the Children’s LB395, intro- special needs in emergency situations. duced by Lincoln Behavioral Health Oversight Committee. LB434, introduced by Bellevue The committee was created in 2009 Sen. Danielle Con- Sen. Scott Price, rad, would remove to provide oversight of programs creat- would allow emer- ed in the wake of the state’s safe haven the prohibition gency management against allowing crisis to assist families and children and other public in need of behavioral health services. health care profes- agencies to create sionals working at Sen. Danielle Conrad The following senators were ap- registries for the pur- pointed to the Children’s Behavioral school-based health clinics to dispense, pose of planning as- prescribe or counsel for contraceptive Health Oversight Committee: sistance for people Sen. Scott Price • Sens. Jeremy Nordquist and drugs or devices. with special needs before, during and Conrad said the bill was intro- Kate Bolz from the Appropria- after a disaster or emergency. tions Committee; duced at the request of some school- Information obtained for such based clinics that see a need for con- • Sens. Kathy Campbell and Sue purposes would not be considered a Crawford from the Health and traceptive health care services but are public record and participation would unable to provide them. Human Services Committee; be voluntary. • Sens. Colby Coash and Aman- “The clinics are doing great work,” Price offered an amendment, she said, “but they are unable to treat da McGill from the Judiciary adopted 39-0, which he said was in Committee; and the health needs of the population response to concerns raised during that they are meant to serve.” • Sens. Bill Avery, Annette Dubas general file debate. and Pete Pirsch. Greg Schleppenbach of the Ne- The amendment would: braska Catholic Conference opposed The committee was reauthorized • specify that a registry would Feb. 12 by adoption of LR31, which was the bill, saying studies indicate that include individuals with func- improved access to contraceptives does introduced by Campbell and considered tional needs; by the Legislature’s Executive Board. not decrease teen pregnancy. • clarify that registry information “We believe it would send a terrible The committee is authorized to may be shared only with agen- meet with representatives of the state message,” he said. cies that have a legitimate and No one testified in support of the bill. Department of Health and Human specific interest in the informa- Services, the Nebraska Children’s LB452, also sponsored by Conrad, tion; and would require the state Department Commission and other interested • provide for a Class III misde- parties and may hold public hearings of Health and Human Services to meanor charge for improper submit a state plan amendment to and issue reports as warranted. release of registry information. Oversight functions will be trans- the federal Centers for Medicare and Following adoption of an ad- Medicaid Services (CMS) to provide ferred to the Nebraska Children’s ditional technical amendment, the Commission when the Children’s Be- medical assistance for family planning bill was advanced to final reading by services for individuals whose earned havioral Health Oversight Committee’s voice vote. authorization expires at the start of the income is at or below 185 percent of next legislative session in January 2014. the federal poverty level.

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Conrad said the state already pro- Kathy Campbell, would designate tem in Nebraska,” he said. vides family planning services under the Health and No one testified in opposition to Medicaid, and that expanding eligi- Human Services the resolution and the committee took bility could save the state almost $13 Committee, in no immediate action. million a year. cooperation with “It is past time that we … expand the Banking, Com- eligibility for low-income women in merce and Insur- Judiciary our state,” she said. ance Committee, Robin Summers, policy director for to convene a Part- Sen. Kathy Campbell Bills would reject federal the National Family Planning and Re- nership Towards Nebraska’s Health restrictions on firearms productive Health Association, testified Care System Transformation. in support of LB452. Thirty-one states The partnership would bring to- The Judiciary Committee heard have expanded eligibility as allowed gether policymakers and stakeholders testimony March 20 on two bills that under federal law, she said, resulting at all levels to work toward the follow- would prohibit certain federal firearm in reduced rates of unplanned pregnan- ing goals: restrictions in Nebraska. cies and increased cost savings. • providing a comprehensive review Under LB451, introduced by Fre- Carol Russell of the March of of Nebraska’s health care deliv- mont Sen. Charlie Janssen, any federal Dimes also testified in support of the ery, cost and coverage demands; law, rule, regula- bill, saying increased access to family • engaging partners in dialogue, tion or order that planning services leads to healthier roundtable discussions and bans or restricts pregnancies and infants. public policy discourse; semiautomatic Russell cited a study of eligibil- • developing a framework for firearm or maga- ity expansion in Rhode Island that health care system transforma- zine ownership showed a 50 percent reduction in tion to meet public health, or that requires short-interval pregnancies and a workforce, delivery and budget- any firearm or Sen. Charlie Janssen reduction in infant mortality. Short- ary responsibilities; and firearm accessories to be registered interval pregnancies are a risk factor • developing cooperative strate- beyond Nebraska’s requirements for preterm birth and a number of gies and initiatives for the would be deemed unenforceable in other negative outcomes, she said. design, implementation and Nebraska. Schleppenbach testified against accountability of services to Janssen said he believes the federal LB452, saying the studies relied upon improve care, quality and value government has been increasingly us- by supporters of expanded eligibility are while advancing the overall ing executive orders to implement flawed. He said a CMS study shows that health of Nebraskans. controversial policies such as expand- a majority of states that have expanded Campbell said passage of federal ed firearm restrictions. Nebraskans eligibility are not experiencing a reduc- health care reform has provided the have a constitutional right to bear tion in unintended pregnancies. state an opportunity to discuss what firearms, he said, and the bill would The committee took no immediate Nebraska’s health care priorities secure those rights by preventing such action on either bill. should be and how to achieve them. federal laws from being implemented “LR22 sets the wheels in motion in the state. Grant County Sheriff Shawn Heb- Partnership proposed for to get us to think creatively and in- bert testified in support of the bill. health care system evaluation novatively,” she said. James Goddard of Nebraska Apple- Any executive order that attempts to The Health and Human Services seed testified in support of the resolu- control gun ownership is in direct Committee heard testimony March tion, saying policymakers should work violation of the U.S. Constitution, he 20 on a resolution that would create to ensure that Nebraskans who will said, and the federal government will a partnership to examine how best to now have access to health care are en- not prevent violent gun tragedies by control costs and improve quality in tering a functional health care system. eliminating its citizens’ right to own Nebraska’s health care system. “This is a good first step toward a firearm. LR22, introduced by Lincoln Sen. changing the health care delivery sys- “Violence and hatred come from within, and limiting guns will not pre-

PAGE 8 • UNICAMERAL UPDATE • 103RD LEGISLATURE March 18 - 21, 2013 vent violence, hatred or massacres,” by eliminating citizens’ rights. Hebbert said. “When we strip away [gun] rights, Transportation & Cheryl Evenson, a Valentine resi- then citizens do not have the capabil- dent, also testified in support, saying ity to stand up against a government Telecommunications the bill would be a proactive approach that could become oppressive in the Bill would change utility-type to preventing the federal government future,” he said. vehicle restrictions from banning Nebraska citizens’ right No one testified in opposition to to own a firearm. LB602 and the committee took no The Transportation and Telecom- University of Nebraska – Lincoln immediate action on either bill. munications Committee heard testimo- student Nick Sauma testified in op- ny March 18 on a bill that would amend position to the bill. The more appro- utility-type vehicle (UTV) provisions. priate way for the state to respond to Natural Resources LB84, intro- federal gun control laws is by way of duced by Co- the judicial system, he said. Steel manufacturing lumbus Sen. Joe Piper, a Nebraska resident, also byproduct use advanced Paul Schumach- opposed the bill, saying it would not er, would allow Senators gave first-round approval be enforceable. UTVs to cross March 21 to a bill regarding solid waste “We cannot restrict the federal controlled access under the Environmental Protection government’s ability to enforce federal highways with Sen. Paul Schumacher Act. laws because it violates the Supremacy more than two marked traffic lanes if: LB203, introduced by Norfolk Sen. Clause of the U.S. Constitution,” he • the UTV’s headlight and taillight Jim Scheer, would said. “For the state to pass legislation are on at the time of crossing; exclude slag from in order to make a blanket statement • the intersection is controlled by being considered is impractical and reckless.” and in compliance with a traffic solid waste under Hoskins Sen. Dave Bloomfield light; and Nebraska’s Envi- introduced a second bill establishing • the local governing body has ronmental Protec- that Nebraska-manufactured personal authorized UTV crossings at tion Act. Scheer firearms, firearm accessories or ammu- that intersection. said slag is a valu- Sen. Jim Scheer nition would no longer be subject to UTVs currently are prohibited able byproduct of steel manufacturing federal laws or regulations within the from crossing controlled access high- and should not be considered waste. state’s borders. ways with more than two marked “Slag is a defined product, made to Under LB602, state and federal traffic lanes. a certain standard,” he said. employees, officials and agents who Schumacher said retirees in small Wahoo Sen. Jerry Johnson support- attempt to enforce federal firearm communities often prefer to operate ed the bill, comparing slag to coal ash, restrictions on these items would UTVs. LB84 would make the vehicles another manufacturing byproduct. be guilty of a Class I misdemeanor. more functional and could attract “There is a lot of value to these The state attorney general would be more retirees to live in the state by byproducts,” Johnson said. “They’re allowed to defend a Nebraska citizen lessening restrictions on them, he said. not solid waste and should not be who is prosecuted by the U.S. govern- Richard Snyder, a Columbus UTV classified that way.” ment for violation of a federal firearms operator, testified in support of the Bancroft Sen. Lydia Brasch also ban. bill. The current restriction is inef- supported the bill. Bloomfield said Nebraskans should ficient and deters people from buying “Slag looks a lot like steel gravel not be subject to any federal law or or operating UTVs in the state, he and has great potential for roads use,” regulations that would prohibit gun said, adding that he must travel an she said. ownership. additional 1.5 miles to avoid crossing Senators adopted a Natural Re- Lincoln resident Caleb Larsen testi- a controlled access highway. sources Committee amendment 42-0 fied in support of the bill, saying that No one testified in opposition to to make technical improvements to gun restrictions impact law-abiding the bill and the committee took no the bill. The bill then advanced to citizens more than they do criminals immediate action on it. select file on a 40-0 vote.

103RD LEGISLATURE • UNICAMERAL UPDATE • PAGE 9 March 18 - 21, 2013

Universal telecommunications Since significant advancements munications using Internet fund reallocation requested in technology have been made and protocols. broadband service has become more Great Plains Communications The Transportation and Telecom- affordable since the fund’s creation in CEO Todd Foje testified in opposition munications Committee heard testi- 1997, he said, it is time to either phase to the bill, saying the funds enable mony March 19 on a bill that would out the fund or determine how to use companies to provide telecommunica- amend the Nebraska Telecommunica- it more effectively. tion services in high-cost areas. Many tions Universal Service Fund Act. The bill would reduce the current telecommunications companies would Currently, 6.95 percent of every 6.95 percent assessment to 3.5 percent not be able to continue supporting ru- telephone bill is deposited into the by Jan. 1, 2021, and reallocate the ral areas without such funds, he said. Nebraska Universal Fund. The fund funds to: Curt Bromm, representing Verizon is distributed by the Public Service • promote private competition by Communications, also testified in Commission to companies to offset allowing competitors to use the opposition, saying the Federal Com- the costs of ensuring comparable ac- fund and requiring competitive munications Commission currently cess to telecommunications services. access to facilities; is discussing how to provide universal Columbus Sen. Paul Schumacher • identify fiber optic and wireless broadband coverage through federal introduced LB617, which would change infrastructures; policies. Furthermore, he said, com- the fund’s alloca- • encourage the aggregation of panies already offer sufficient telecom- tion provisions. community broadband demand munications services in the state. Telecommunica- over local area networks; “I think the reforms and the mod- tion companies • provide affordable acquisition ernization are going to come about receive roughly of access to tier one network and be generated through what has $50 million an- providers; begun on the federal level and will nually from the • reinforce federal bans on the have more of a significant impact over fund, he said, Sen. Paul Schumacher practice of implicit subsidiza- time,” Bromm said. but some rural communities still re- tion of local phone companies; No one testified in support of the ceive poor telecommunications services and bill and the committee took no im- and pay high costs for them. • emphasize broadband com- mediate action on it. g Live video streaming of the Unicameral ebraska Educational Telecommunications (NET) To watch, click on the “Live Video Streaming” link provides live video coverage of hearings and floor on www.NebraskaLegislature.gov. Then click on the debateN on the Legislature’s website. room you would like to observe.

PAGE 10 • UNICAMERAL UPDATE • 103RD LEGISLATURE March 18 - 21, 2013 Committee Hearings *Current hearing schedules always are available at: http://nebraskalegislature.gov/calendar/hearings_range.php Monday, March 25 Agency 25: DHHS - Veterans Homes Agency 25: DHHS - Developmental Appropriations Agency 25: DHHS - Operations Disabilities Room 1524 - 1:30 p.m. Agency 25: DHHS - Medicaid and Long Agency 25: DHHS - Children and LB4 (Krist) Change Nebraska Health Term Care Family Services Care Cash Fund transfer provisions Agency 25: DHHS - Public Health Agency 25: DHHS - Behavioral Health LB234 (Howard) State intent relating to appropriations for nurse visitation Tuesday, March 26 Wednesday, March 27 LB285 (Conrad) Change authorized Appropriations Nebraska Retirement Systems transfers to the Nebraska Health Care Room 1524 - 1:30 p.m. Room 1525 - 12:00 p.m. Cash Fund LB375 (Lathrop) Appropriate funds to Presentation of Annual Reports: Nebraska LB119 (Cook) State intent relating to the Department of Health & Human Public Employees Retirement Systems appropriations for Public Health Aid Services to be used for services for and Nebraska Investment Council LB157 (Cook) State intent relating to persons with developmental disabilities the appropriation of funds in support of LB268 (Campbell) State intent to Thursday, April 4 dental services appropriate funds for upgrade of an Natural Resources LB187 (Nelson) Appropriate funds to the electronic data collection system related Room 1525 - 12:45 p.m. Department of Health and Human Ser- to child welfare and other economic Appointment: Brandt, Henry Rick - vices to fund the Dental Health Director assistance programs Nebraska Environmental Trust Board LB20 (Nordquist) State intent relating LB425 (Campbell) State intent to Appointment: Lauritzen, Gerry - to appropriations for the rural health appropriate funds for intervention Nebraska Environmental Trust Board provider incentive program services for at-risk children and youth Appointment: Vinton, Sherry - Agency 25: Department of Health & Agency 25: Department of Health & Nebraska Environmental Trust Board g Human Services Human Services Speaker Priority Bills Priority bills generally are scheduled for debate before other bills. Each senator may select one priority bill and each committee may select two priority bills. The Speaker may select up to 25 priority bills per session. Bill Introducer One-line description LB3 Krist Change filing provisions relating to nonconsensual liens LB34 Hadley Change provisions of the Nebraska Advantage Act LB55 Wightman Change provisions relating to reassumption of assessment function by counties LB69 Schilz Change provisions of the Pesticide Act LB90 Haar Change sales tax provisions on the furnishing of electricity service LB99 Mello Change provisions relating to racial profiling information reviews LB115 Lautenbaugh Change provisions relating to homicide LB182 Avery Change paternity provisions for a child conceived as a result of sexual assault LB232 Lathrop Change judges’ salaries LB255 McGill Change provisions relating to hearsay child abuse and offenses relating to morals LB265 Coash Change foster care licensure and kinship home and relative home provisions LB298 McCoy Change provisions relating to controlled substances schedules LB306 Nordquist Change judges’ contribution for retirement as prescribed LB326 Howard Change provisions of Pharmacy Practice Act and Automated Medication Systems Act LB331 Harms Change provisions relating to the Nebraska Opportunity Grant Act LB348 Harr Change provisions relating to the assessment of certain rent-restricted housing projects LB368 Crawford Create a subsidized employment pilot program within the Department of Health and Human Services LB384 Nordquist Adopt the Nebraska Exchange Transparency Act LB483 Bolz Provide for a reentry planning program in adult correctional facilities LB495 Sullivan Change provisions relating to the Education Innovation Fund and early childhood grant reporting LB545 Dubas Change Public Service Commission appeal procedures LB565 Nelson Prohibit registering to vote and voting early on the same day LB574 Harr Provide that certain assessments are levied and collected as special assessments LB589 Watermeier Change provisions of the One-Call Notification System Act LB623 Price Change provisions relating to bridge construction and road improvements

103RD 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

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