UNICAMERAL UPDATE Stories published daily at Update.Legislature.ne.gov Vol. 40, Issue 4 / Jan. 23 - 27, 2017 Kintner State sales taxes for large resigns from online retailers proposed Legislature en. Bill Kintner of Papillion announced at a morning press Sconference Jan. 25 that he has resigned from the Legislature. Kintner said he had offered his res- ignation letter to Speaker Jim Scheer this morning. The letter states that his resignation is effective at 12:01 a.m. on Jan. 30. Kintner faced a surge of public an- ger this week after retweeting a com- ment about the re- cent Women’s March that appeared to Sen. Bill Kintner Members of the Revenue Committee listen to public testimony on two bills calling for sales make light of sexual assault. During tax on online purchases. floor debate on a separate issue yester- he Revenue Committee heard retailers every year. day, more than 20 senators rose to say two bills Jan. 27 that would If a retailer would refuse to collect Kintner should resign or face expulsion Trequire some online retailers the tax, it would be required to notify due to his pattern of behavior. Law- to collect sales taxes on Nebraska Nebraska purchasers that tax is due makers said they had received a flood transactions. and that the state requires them to of angry emails and phone calls from LB44, introduced by Sen. Dan file a sales or use tax return on their constituents calling for his dismissal. Watermeier of Syracuse, would require purchases. Each failure to notify would Last summer the Nebraska Account- online retailers without a physical result in a $5 penalty. ability and Disclosure Commission presence in the state to collect and Online retailers would be required fined Kintner $1,000 for the misuse remit sales tax revenue to Nebraska if at the end of each year to send Nebras- of state property when he used a state- their gross revenue in the state exceeds ka purchasers a notification detailing issued computer to engage in cybersex $100,000 or they make 200 or more their purchases and to file an annual with a woman he met online. Kintner separate sales transactions in the state. statement for each purchaser. Failure reported to the State Patrol that the LB564, introduced by Sen. John to meet either of those provisions woman tried to extort money from him McCollister of Omaha, would apply would result in further penalties of to keep their exchange private. to online retailers with annual sales $10 for each instance. Omaha Sen. Bob Krist filed a reso- as low as $25,000. Nebraskans who purchase items lution yesterday to expel Kintner from The state Department of Revenue online already are required to keep the Legislature, and lawmakers were estimates that Nebraska could collect track of their online purchases and scheduled to take up that resolution an additional $30 million to $40 mil- report any state taxes owed, but few Wednesday morning. Scheer notified lion in sales tax revenue from online opt to do so. (continued page 3) (continued page 2)

INSIDE: Meet Sen. Bostelman • Tax credit for private school scholarship donations proposed • Hearings January 23 - 27, 2017

State sales taxes for large online retailers proposed (continued from front page) “The longer we wait before passing property tax,” he said. come in here and do that.” legislation similar to this,” he said, Paul Briseno, assistant city manager No one testified in opposition to “the harder it will be for the general of Kearney, also testified in support of the bills and the committee took no public to understand that it is not a the bill. Like La Vista, he said, Kearney immediate action on them. g new tax.” relies on its local sales tax base to fund Both senators stressed that the essential services that also benefit sur- Unicameral Update current law puts local retail stores rounding communities. in your inbox at a disadvantage to online sellers. Half of Kearney’s 1.5 percent sales Readers can sign up to receive McCollister said that when his wife tax is used for property tax relief, he email updates by entering an owned a business she was continually said, giving it one of the lowest prop- email address on Update.Legislature.ne.gov. frustrated to see customers come into erty tax rates in the state. But two years her stores to look at merchandise but of flat sales tax revenue has prompted ultimately decide to purchase online the city to consider a rate hike and hire to avoid sales tax. a retail consultant to help local busi- “Internet sales have an automatic nesses strengthen their sales. price advantage,” McCollister said. Thomas Wright, co-owner of “They’re just not fair.” Wright’s Jewelers in Lincoln, also tes- Douglas Kindig, mayor of La Vista, tified in support of the bill, saying it spoke in support of both bills, saying would ensure taxes are collected fairly. that they would protect local retailers A sale is a sale, he said, whether it is from unfair competition from online made online or not, and sales taxes sellers. He said La Vista’s one-cent lo- should be collected in each case. He cal sales tax produces approximately said internet sales in his industry are 30 percent of the city’s general fund projected to increase 15 percent each revenue. of the next few years. “We continue to lose sales tax “When we small businesses are revenue because of the online sales gone, who’s going to pay for these trends, which not only affects our abil- streets?” he said. “Who’s going to pay ity to fund essential public services but the property taxes for your schools? will ultimately increase our reliance on Those online people aren’t going to 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 and follow us on Twitter.com/UnicamUpdate.

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PAGE 2 • UNICAMERAL UPDATE • 105TH LEGISLATURE January 23 - 27, 2017 Kintner resigns from Legislature (continued from front page) senators of Kintner’s resignation when the Leg- islature convened at 9 a.m. Gov. Pete Ricketts, who has repeatedly called for Kintner’s resignation since last summer, issued a statement shortly after the press conference saying that Kintner did the right thing by resigning. The governor’s office is accepting applications to fill the vacant seat for Legislative District 2 until Jan. 31. The district contains Cass County and portions of Sarpy and Otoe counties. Eligible applicants must have lived in the district for at least one full year, be registered to vote and be at least 21 years old. g Sen. Bill Kintner announced his resignation at a press conference Jan. 25.

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Unicam Kids An illustrated guide about the Unicam- eral for 4th graders

2017 Unicameral Membership A reference card listing contact infor- mation for senators and committees

Testifying Tips Brochure outlining the procedures of a committee hearing

Legislative Poster Poster includes senators’ photos and contact information

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105TH LEGISLATURE • UNICAMERAL UPDATE • PAGE 3 January 23 - 27, 2017 Meet the Senator Experience abroad informs senator’s work at home en. Bruce Bostelman, who is rooted in small Ne- correctional services, all issues he hopes to address during braska farming communities, witnessed agriculture’s his time in the Legislature. Sglobal scale on a recent trip to South Korea where he He looks forward to serving on the Natural Resources stood in a dockyard watching ships unload American grain. Committee, which he requested, and on the Transportation He was traveling with fellow graduates of UNL’s and Telecommunications Committee, where he hopes to Leadership Education/Action Development program, in expand broadband internet access in the state’s rural areas. which participants spend two years studying national and “I think that would really provide us opportunities for international issues facing farmers and ranchers. Bostel- more families to move back either to the farm or to our man said meeting with U.S. Foreign Service officials and small communities,” he said. g international agencies gave him a better understanding of how global forces affect Nebraska agriculture. Now he hopes to apply that experience as a state sena- tor. “International study was very helpful in understanding roles between countries and how our government interacts with them,” he said. Bostelman, a lifelong traveler, joined the U.S. Air Force after high school and spent four years in the U.S. and U.K. guarding aircraft and missile installations. On a later duty assignment in Turkey, he trained to be a paralegal and spent the rest of his 20-year career managing various law offices that handled cases in military justice, civil law, claims, contract law and international law. He said his legal experience prepared him for his job as a senator, which requires the careful scrutiny of proposed legislation and the ability to think critically about how a bill would affect existing laws and the people of Nebraska. “I think it gives me a good background,” Bostelman said. The senator maintains a farm near Loma, where he grows woody floral stems and pecan trees. He grew up near the state’s southern border in the small farming com- munity of Superior, where his parents still live. His two children and two grandchildren live in Lincoln. A sportsman who also enjoys scuba diving and hiking, Bostelman said he and his wife, Jan, try to travel abroad whenever they can. Their destinations include the Arctic Circle, New Zealand and the Great Wall of China. They visited Namibia in 2014. “We’d love to get back again,” he said. “You can just see amazing sights — animals everywhere.” For now, though, travel is limited mostly to his district as he visits constituents in the areas of Schuyler, David City and Wahoo. Bostelman said property taxes are the Sen. Bruce Bostelman and his wife, Jan, visited the Great Wall of chief concern there, along with funding for education and China in 2015.

PAGE 4 • UNICAMERAL UPDATE • 105TH LEGISLATURE January 23 - 27, 2017

food-handling activity is the delivery gest changes that would reduce regula- of food items such as restaurant take- tory complexity while still protecting out orders or home grocery delivery. consumers and preserving public confi- The bill would define delivery services dence in Nebraska’s banking industry. “To our knowledge, no comprehen- Egg-handling rules to distinguish them as a subcategory of sive review and update to the current clarification advanced food establishments and create a new license and inspection fee category Nebraska Banking Act has occurred since Lawmakers advanced a bill from for them. Currently, delivery services its enactment in 1963,” Williams said, general file Jan. 24 that would update are included within the “all other adding that the stakeholders involved had the state Department of Agriculture’s food establishments” category and an overriding rule for the working group. authority to regulate those who pro- pay an annual inspection fee of up “We all came to the table with the vide eggs for human consumption. to $120.64. LB134 would reduce the idea of working together, and we agreed LB134, introduced by Sen. Lydia annual inspection fee for food delivery on the front end that the only provi- Brasch of Bancroft, services to no more than $17.23. sions that would be included in LB140 would repeal the LB134 would continue exemptions would be those that were mutually Graded Egg Act and from licensure under the Pure Food agreed upon by all [parties],” he said. transfer authority Act for small producers and retailers Among other provisions, the bill for regulating egg- of eggs sourced from local producers would: handling opera- similar to the current exemption from • allow a minor to open and tions to the Nebras- licensure under the Graded Egg Act. maintain a safe deposit box; ka Pure Food Act. Sen. Lydia Brasch “[The bill] does not impose any new • allow electronic filing of bank Egg handlers, defined as those who regulations on small egg producers or fidelity bonds with the state buy or sell shell eggs or process shell egg egg sellers,” Brasch said. Department of Banking; products, would be required to label eggs Senators voted 38-0 to advance the • require banks that employ a mort- with an identification number assigned bill to select file. gage loan originator to register by the U.S. Department of Agriculture that employee with the Nation- or the state Department of Agriculture. wide Mortgage Licensing System; The bill also would authorize the state • allow a bank to acquire the stock department to establish standards, of another financial institution if grades and weight classes for eggs and the transaction is part of the merg- would require those who sell or pack- er, consolidation or acquisition of age eggs to comply with any applicable Comprehensive updates to assets of the other institution; regulations under the Pure Food Act. banking laws proposed • authorize an increase in the Apart from incorporating oversight maximum number of a bank of egg-handling activities, LB134 also A comprehensive update of Ne- board of directors from 15 to would strengthen the department’s braska’s banking laws was considered 25 and require that a bank presi- inspection authorities. The bill would Jan. 23 by the Banking, Commerce dent be a member of the board; provide express authority for the de- and Insurance Committee. • prohibit bank-affiliated indi- partment to enter and inspect food Gothenburg Sen. Matt Williams, spon- viduals from being paid a higher establishments or processing plants, sor of LB140, said the rate of interest on deposits than examine records and take food sam- bill is the result of a paid by the bank for similar ples. The department also would have year of work by state deposits and provide that a vio- clear authority to inspect food being senators, banking in- lation is a Class IV felony; and shipped into or through the state and dustry representatives • allow a bank, in a state of emer- to obtain an inspection warrant. and the state Depart- gency, to open a temporary of- LB134 would clarify permit and ment of Banking fice to conduct business for up inspection fees for food delivery ser- and Finance. Sen. Matt Williams to 30 months, or allow a mobile vices, businesses that do not prepare, Stakeholders met monthly, he said, branch to serve as a temporary store, serve or sell food and whose only in order to review existing laws and sug- emergency branch office.

105TH LEGISLATURE • UNICAMERAL UPDATE • PAGE 5 January 23 - 27, 2017

The bill also would repeal obsolete its insurer. Under the current process to dispute medical sections of the state’s banking laws. LB181, introduced opinions under state law is more than Mark Quandahl, director of the by Grand Island adequate. state Department of Banking and Sen. Dan Quick, “[The bill] would install an addi- Finance, testified in support of LB140 an employee that tional, unnecessary layer of expense on and addressed specific provisions out- disputes the initial employers or their insurance carriers lined in the 143-page bill. medical findings in light of current law,” he said. “As the working group was review- could seek a sec- Sen. Dan Quick The committee took no immediate ing the laws relating to emergencies, ond opinion from a physician of the action on the bill. two of our banks – Wahoo State Bank employee’s choice. and First Central Bank in Cambridge The employee would be reimbursed – had very real emergencies when fires for the associated costs of the second destroyed their main offices,” he said. examination by either the employer The department discovered that ex- or its insurer. isting laws were inadequate in regard to Quick said he was injured on the Parental involvement for high- authorizing the banks to immediately job and was told he must return to ability learners proposed establish temporary locations, he said, work while still taking prescribed nar- and LB140 would address those issues. cotics. He said he could have sought Some school districts would be Also testifying in support was Rob- a second opinion but would have had required to establish focus groups for ert Hallstrom of the Nebraska Bankers to pay for it himself. high-ability learners under a bill heard Association. He said the bill reflects “[LB181] would provide more bal- by the Education Committee Jan. 23. best practices and incorporates many ance to medical findings,” he said. LB103, introduced by Sen. John necessary updates. “The current system just doesn’t seem Murante of Gret- “Many of the provisions, as director fair.” na, would require Quandahl has noted, were technical in Current law allows for an employee each school district nature,” he said, “but there are substan- to dispute a medical opinion at cost in a learning com- tive provisions that will be beneficial to the employer, but only in the event munity that offers both for the financial institutions and of at least two dissenting medical an accelerated or the customers that we serve.” opinions. In most cases, however, differentiated cur- No opposition testimony was of- an employee’s file includes only the riculum program Sen. John Murante fered and the committee advanced the opinion of the employer or insurer’s to create a high-ability learners focus bill to general file 8-0. physician, according to Adam Tabor, group. an Omaha attorney specializing in The focus groups would consist of workers’ compensation claims. teachers, parents and administrators Tabor said this means the em- and also may include representatives ployee would have to seek and pay from organizations that advocate for a second medical opinion to take for meeting the educational needs Reimbursement proposed for advantage of the statute. of high-ability learners. The groups second workers’ comp exam “Asking an injured worker to pay would look for ways that parents for a medical evaluation and report and students can play a role in their Employees injured on the job is simply not an option for some,” district’s accelerated or differentiated would be entitled to a second free he said. “The current system is not curriculum program and study issues medical opinion under a bill heard adequate. LB181 levels the playing related to high-ability learners. by the Business and Labor Commit- field by recognizing the disparate The bill would require school tee Jan. 23. financial situations between workers districts to provide the focus groups Currently, an employee filing a and employers.” with the district’s criteria for identify- workers’ compensation claim must Representing the National Federa- ing students with high ability and the submit to a medical exam by a phy- tion of Independent Business, Robert number of those students participat- sician chosen by the employer or Hallstrom opposed the bill. He said ing in accelerated programs. It also

PAGE 6 • UNICAMERAL UPDATE • 105TH LEGISLATURE January 23 - 27, 2017 would require districts to disclose pecially important at a time when the student records be maintained and how much they spend on programs high-ability learning director position transferred when a school closes. Fi- for high-ability learners. at the state Department of Education nally, it would require for-profit insti- Murante introduced the bill after is vacant due to budget cuts. tutions, if they close, to reimburse the meeting with a group of parents from “This focus group would help pro- Nebraska Opportunity Grant Fund Millard Public Schools, one of the vide a voice for stakeholders in high- for academic terms not completed by 11 member districts in the Learning ability education and a chance to come students who received awards from Community of Douglas and Sarpy together, learn from one another and the fund. Counties. Not enough information support each other in our endeavor to Pansing Brooks said that the com- about accelerated learning programs protect funding and support for our mission does not have authority over in the district’s schools is available high-ability learners.” for-profit institutions that provide a to parents, he said. This makes it dif- No one testified in opposition to bachelor’s degree or higher. She said ficult for them to assess the quality of the bill and the committee took no students who attend those institutions a school’s accelerated program when immediate action on it. therefore have inadequate protection choosing which elementary, middle from financial loss if the schools sud- or high school their child will attend. Bill would protect students of denly close their doors, as happened “The language in the bill central- failed for-profit colleges twice last year. Kansas-based Wright izes the role of the parent by creating Career College, which had a campus the focus group and reinforces the The Education Committee heard in Omaha, closed its doors in April importance of making sure programs testimony Jan. 24 on a bill that would 2016, followed by the closure of ITT are adequately carried out so that our offer financial protection to students Technical Institutes’ Omaha campus high-achieving kids can succeed,” he of for-profit colleges and universities in September. said. if those institutions shut down. “Nebraska students suffer as a re- Carlos Castillo, whose daughter LB123, introduced by Lincoln Sen. sult of these closings,” she said. “Many attends Millard Public Schools, spoke Patty Pansing Brooks, would authorize were in the middle of degree programs in support of the bill. He said parents the Coordinat- or close to graduating, and they were of high-ability learners approached ing Commission left to find a school that would accept the school’s administration and asked on Postsecond- their transfer credits.” for regular meetings to discuss the ary Education to Mike Baumgartner, executive direc- district’s accelerated programs and assess a fee on tor of the Coordinating Commission request better access to information for-profit post- for Postsecondary Education, spoke on those programs. They were not secondary insti- in the support of the bill. He said satisfied with the administration’s tutions that have Sen. Patty Pansing Brooks three institutions would be affected by response, Castillo said. a physical presence in the state and the proposal: the Creative Center in “Here you have a group of parents direct the proceeds to a cash fund. Omaha; Kaplan University, with loca- who are begging to be involved in high- The commission then would receive, tions in Lincoln and Omaha; and the ability learning and we can’t find a way evaluate and pay claims to students National American University campus to do it,” he said. “That, as a parent, to recover lost tuition and fees result- in Bellevue. He estimated that for- seems to me a bit ludicrous.” ing from the closure of a for-profit profit institutions in Nebraka collect Kristen Job, a Westside Com- institution. between $25 million and $35 million munity Schools high-ability learning Each for-profit postsecondary insti- in tuition every year. teacher, also testified in support of tution would be assessed the fee until “[The bill] would provide a greater the bill. Job, speaking on behalf of the the cash fund reaches a minimum of level of protection to students attend- Nebraska Association for the Gifted, $250,000; the fund would be capped ing these institutions with relatively said the proposed focus group is not at $500,000. Schools would be re- little financial impact on these insti- meant to be a complaint group but quired to maintain a surety bond to tutions,” he said. “Many other states rather a grassroots effort to support provide protection to students until have enacted similar requirements and schools and advocate for the needs of the fund reaches the minimum level. they have proven to be effective.” high-ability learners. She said this is es- The bill also would require that Ken Smith of Nebraska Appleseed

105TH LEGISLATURE • UNICAMERAL UPDATE • PAGE 7 January 23 - 27, 2017 also supported the bill, saying that it LB235 would authorize sponsors tion programming means fewer kids go is a reasonable step to ensure students to spend a grant’s full amount when hungry while also bringing additional at these institutions are financially starting or expanding a child nutri- dollars and economic opportunities to protected. He said 22 states maintain tion program. Walz said the change Nebraska communities,” Reece said. some type of tuition recovery fund and would allow the summer food service No one testified in opposition to 40 states require for-profit schools to program to serve more low-income the bill and the committee took no secure a surety bond. The commission students, especially in rural Nebraska. immediate action on it. already has authority to regulate for- “It is essential that we make this profit schools that offer degrees up to program more accessible so that our an associate’s level and LB123 would children, many of whom do not get a simply extend those protections, good meal at home, can get the nutri- Smith said. tion they need to be healthy,” she said. “Passing [the bill] would ensure Walz said the bill would not in- that Nebraskans pursing higher edu- crease the amount of money allocated Bill would ease hiring of cation at these schools are protected to the program, which is capped at county law clerks better than they are today,” he said. $140,000 annually. No one spoke in opposition to the Linda Richards, vice president of Senators voted Jan. 23 to advance bill and the committee took no im- the board of education for Ralston a bill that intends to make it easier for mediate action on it. Public Schools, spoke in support of county attorneys and public defenders the bill. She said 60 percent of the to recruit and retain law clerks and Bill would update summer 3,300 students in her district qualify law students. food program for free and reduced meals, a percent- LB80, introduced by Omaha age that is growing. Over the past four Sen. Carol Blood, The Education Committee heard summers, she said, Ralston served would designate testimony on a bill Jan. 23 that is approximately 1,000 meals to students law clerks and law meant to increase student access to in need. students who work summer food programs. If the bill passes, Richards said, for county attor- Sen. Lynne Walz, sponsor of Ralston would apply for a grant to buy neys or public de- LB235, said the equipment and marketing materials to fenders as unclas- summer food ser- expand the reach of its summer food sified employees. Sen. Carol Blood vice program, start- program. Those workers currently are consid- ed in 2012, current- Kaitlin Reece, policy coordinator ered classified employees, subject to ly has more than 60 at Voices for Children in Nebraska, the County Civil Service Act. The bill sponsors, including also testified in support of the bill, applies only to counties with popula- schools, faith-based which she said would remove a barrier tions between 150,000 and 300,000. organizations, non- Sen. Lynne Walz that prevents many Nebraska children “The current hiring process under profits and libraries. Each sponsor can from receiving nutritious meals during the Civil Service Act makes it extreme- operate up to 15 sites and may apply the summer. ly difficult to recruit, hire and then for up to $15,000 in grants annually to Boosting participation in summer retain top-notch law clerks because expand or start more programs. Quali- food programs additionally would of the strict framework laid out when fying expenses include equipment, increase the amount of federal reim- it comes to promotions and pay scale staff salaries, training and vehicles bursements the state would receive, for classified employees,” Blood said. used to transport food. Reece added. If summer nutrition The proposal would place law stu- Under current rules, sponsors must programs reach just 40 percent of dents and law clerks under the same prorate their expenses. For example, the level of participation in free and hiring framework as attorneys, making Walz said, if a sponsor needs to buy reduced lunch programs during the it easier for them to transition to full- a refrigerator that it would use only school year, she said, Nebraska will time employment, she added. during the summer, the grant would receive up to $2.8 million in federal Lawmakers voted 34-0 to advance cover only a fraction of its cost. reimbursements. the bill to select file. “Increased access to summer nutri-

PAGE 8 • UNICAMERAL UPDATE • 105TH LEGISLATURE January 23 - 27, 2017

for the use of the investigational been updated since 2007. A recent treatment; and review of those regulations revealed • have a recommendation from the need for updates and clarifications his or her treating physician for in state law, he said. an investigational drug, biologi- “This is a very important piece of cal product or device. legislation,” he said. “We need to get Bill would allow investigational Under the bill, a manufacturer this right.” drug use could provide an investigational The bill would clarify that a Sched- treatment without compensation and ule II controlled substance could be Drugs in U.S. Food and Drug would be prohibited from seeking dispensed in an emergency situation Administration (FDA) clinical trials reimbursement for such treatment if in which a prescribing practitioner could be used by eligible Nebraska an eligible patient dies while being determines that no appropriate alter- patients under a bill heard Jan. 27 treated. native treatment is available, immedi- by the Health and Human Services In addition, a treating physician ate administration of the controlled Committee. would not be held liable if a treatment substance is necessary and it is not LB117, introduced by Omaha failed to work or be subject to action possible to provide a signed prescrip- Sen. Robert Hilke- by a professional board based solely tion for the dispenser. mann, would al- on a recommendation of the use of Among other provisions, LB166 low an eligible an investigational treatment. also would: patient under the Testifying on behalf of the Nebras- • require that a pharmacist intern Investigational ka Medical Association, Matt Schaefer be supervised at all times; Drug Use Act to supported the bill. • allow more than one drug to be be treated with “Anything that we can do to sup- placed in a container in certain any drug, biologi- Sen. Robert Hilkemann port well-crafted, expanded access to circumstances; cal product or medical device that potentially life-saving medication to • specify that 60 days be the has successfully completed Phase 1 folks who don’t have any other options quantity of drug indicated for a of a clinical trial but has not yet been is a good thing,” he said. long-term care facility resident; approved for general use by the FDA— No one testified in opposition and • allow a hospital to provide the provided that the drug remains in an the committee took no immediate ac- unused portion of a drug to a FDA-approved clinical trial. tion on the bill. patient upon discharge under Hilkemann said the bill would offer certain circumstances; hope to patients facing illnesses whom Changes to pharmacy • extend the time available to conventional medication has failed. regulations proposed fill the remainder of a partially “Thirty-three states have adopted dispensed controlled substance similar legislation with bipartisan The Health and Human Services prescription from 72 hours to support,” Hilkemann said. “I believe Committee heard testimony Jan. 27 30 days after the prescription that it is time for Nebraska to join this on a bill that would update state law date; growing list of states and help termi- regulating pharmacy practice in Ne- • authorize a pharmacist to enter nally ill patients access medications braska. into a practice agreement with or therapies that may help them save LB166, intro- a qualified licensed health care their own lives.” duced by Seward practitioner to provide phar- To be eligible, a patient must: Sen. Mark Kolter- maceutical care independently; • have a documented, advanced man, would amend and illness; and update the • require that a registered phar- • have considered all other ap- Pharmacy Practice macy in which controlled sub- proved treatment options; Act and the Uni- Sen. Mark Kolterman stances are stored or dispensed • not be receiving inpatient treat- form Controlled Substances Act. complete a controlled-substances ment in a licensed hospital; Kolterman said regulations govern- inventory when there is a change • give written, informed consent ing pharmacists in Nebraska have not in the pharmacist in charge.

105TH LEGISLATURE • UNICAMERAL UPDATE • PAGE 9 January 23 - 27, 2017

Joni Cover, CEO of the Nebraska a pilot program in which the depart- care providers as a result of the Child Pharmacists Association, testified in ment contracts with two child-placing Care and Development Fund Market support of the bill, saying it would agencies to deliver the family-finding Rate Survey. bring consistency to pharmacy practice model. The model is used to locate Testifying in support of the bill, in the state while also providing flex- and engage family members and oth- Weinberg said the federal government ibility to practitioners in rural areas. ers to accept placement or become requires the rate survey, and current For example, she said, an indi- more involved in the life of a state state law requires DHHS to adjust the vidual who falls from a horse in a ward in need of permanency. rates paid to child care subsidy provid- rural area may not have access to a Doug Weinberg, director of the ers based on the survey. 24-hour pharmacy within 100 miles Children and Family Services Division LB335 would delay any increase of where they live when released from testified in support of the bill, saying in Nebraska’s provider rates for two a hospital. department workers can do the job of years, he said, saving the state approxi- “We wanted to have some continu- finding relatives and other connected mately $7.4 million. ation of care provisions so that you can adults to engage with and possibly care Sarah Ann Kotchian, testifying take medication home with you until for state wards. on behalf of the Holland Children’s the pharmacy is open on Monday,” He said the number of children Movement and the Nebraska Child Cover said. placed with a relative or kin has in- Health and Education Alliance, op- No opposition testimony was given creased from 36 to 55 percent since posed the bill. The state’s child care and the committee took no immediate 2014. subsidy program served more than action on LB166. “This is an area where we can 34,000 children in 2015, she said, embrace efficiency,” Weinberg said, and suspending a rate adjustment Adjustments, cuts to HHS adding that eliminating the contracts for providers would further limit the programs proposed should save the state $883,800 per choices that low-income families have year. for child care. The Health and Human Services Karen Authier, CEO of Nebraska “LB335 stands out as the most Committee heard testimony Jan. Children’s Home Society — one of damaging and direct hit to the largest 25 on four bills that would make the two agencies currently contracting population of our youngest and most adjustments and cuts to programs in with the state to locate wards’ fami- vulnerable at-risk children,” Kotchian the state Department of Health and lies — testified in opposition, saying said. Human Services (DHHS) Division of DHHS workers already are struggling A third bill, LB333, would end Children and Family Services. to keep up with current caseloads. funding for the state’s short-term dis- The bills were introduced by In addition, she said private agency ability program. Ralston Sen. Merv workers are specially trained in en- Under current law, DHHS must Riepe on behalf of couraging connection between family perform an independent medical re- Gov. Pete Ricketts members and state wards who often view of an individual’s disability if he as part of his pro- have multiple emotional and psycho- or she is denied benefits by the federal posed budget mod- logical issues. She proposed that the Social Security Administration based ification package. state consider narrowing the scope of on the duration of the disability. The bills represent the pilot project to the most difficult An individual may then qualify for funding alterations Sen. Merv Riepe cases rather than eliminating it. and receive short-term assistance from that would require changes in state law “While I acknowledge the need to the State Disability Program (SDP) for to accomplish. reduce spending and achieve a bal- up to 12 months. Riepe said the changes are being anced budget, I believe that there are Testifying in support of LB333, proposed in light of the state’s pro- alternatives to consider that would al- Weinberg said SDP serves an average jected $990 million shortfall. low for continuing the pilot on a more of 50 individuals a month and has an “Any of the adjustments in the limited basis,” Authier said. annual budget of $4.2 million. The budget are not because we want to, but Also considered was LB335, which program currently has 16 active partici- because we have to,” he said. would eliminate implementation of pants who receive an average of $740 LB334 would allow DHHS to end any rate changes in 2017 for child a month in cash benefits and nearly

PAGE 10 • UNICAMERAL UPDATE • 105TH LEGISLATURE January 23 - 27, 2017

$6,000 a month in medical services, protection for one of their most basic he said, adding that only three people rights: right to legal counsel.” will remain in the program after June Kim Hawekotte, executive director 2017. of the state Foster Care Review Office, also testified in support of the bill. She He said that another small DHHS Bill would ensure legal said fewer youth would end up in out- program that is not being fully utilized representation for juveniles could cover the cost of services to of-home placements with adequate the remaining individuals until their Juveniles appearing before the legal counsel to help them navigate eligibility ends. court would be ensured legal repre- the justice system. “It may not meet all the needs, sentation under a bill heard by the “We could keep many of these but it will meet some of the needs,” Judiciary Committee Jan. 26. youth from going deeper in the system Weinberg said. Under LB158, introduced by Lin- [with LB158],” she said. “Justice by Finally, LB336 would allow DHHS coln Sen. Patty Pansing Brooks, legal geography does not work. We need to assess a fee for background checks counsel would be justice for all our youth.” involving the state’s abuse registry. appointed each Elaine Menzel, representing the Riepe said DHHS conducts an time a juvenile Nebraska Association of County Of- average of 10,000 backgrounds checks court petition is ficials, opposed the bill, saying that a each month involving the state’s cen- filed. The juve- lack of funding and resources would tral registry, which contains reports nile and his or make it difficult to implement the of substantiated cases of abuse and her parent or proposed requirements. neglect. guardian would Sen. Patty Pansing Brooks “Over one-third of the state’s coun- Various agencies that care for chil- be informed of the right to retain such ties are represented by less than three dren and vulnerable adults conduct counsel as needed. attorneys,” Menzel said. “You also background checks to ensure that Pansing Brooks said access to coun- may not have an attorney conversant potential employees and volunteers sel for juveniles varies widely across in juvenile law and may not be able to do not appear in the registry, he said, the state. She said juveniles in some provide adequate counsel.” which is required by state law and counties have no access to a lawyer, The committee took no immediate maintained by the department. regardless of the seriousness of the action on the bill. The bill would allow the depart- pending charges. ment to charge a fee, not to exceed “That a child’s access to counsel Bill would reschedule canna- $3, to conduct a central registry back- is dependent upon where they live bidiol for use in medication ground check. The fee could be waived just isn’t acceptable,” she said. “Why if the requesting party demonstrates should one child have their consti- The Judiciary Committee heard that the fee would create an undue tutional rights guaranteed while a testimony Jan. 25 on a bill that would financial hardship. juvenile in another county does not?” proactively reschedule a drug designed Weinberg, testifying in support of The bill also requires any legal to treat certain types of childhood the bill, said DHHS intends to start counsel representing a juvenile to epilepsy. with a $2.50 fee, which should net the continue representation through post- LB167, introduced by Crete Sen. department approximately $200,000 dispositional proceedings unless the Laura Ebke, would per year. juvenile requests new counsel. reclassify canna- The committee took no immediate Representing Voices for Children bidiol in a drug action on the bills. in Nebraska, Juliet Summers sup- product as a Sched- ported the bill, saying young people ule V drug from its need adequate legal representation current status as a when facing juvenile court judges. Schedule I drug. Sen. Laura Ebke “Every child in Nebraska deserves In order to be clas- equal protection under the law,” Sum- sified as a Schedule I drug under mers said. “This bill would ensure federal law, a drug or substance must youth across our state have meaningful have a high potential for abuse, lack

105TH LEGISLATURE • UNICAMERAL UPDATE • PAGE 11 January 23 - 27, 2017 an accepted safe use under medical The committee took no immediate tive or unreliable. supervision and have no currently ac- action on the bill. “[Unreliable technology] prevents cepted medical treatment use in the approximately 20 percent of our popu- United States. Movie theater accommodations lation from enjoying the movie-going No prescriptions may be written for proposed experience,” he said. “All we’re asking Schedule I controlled substances and is very simply to have captioning on they are subject to production quotas Movie theaters would provide the movie screen, the same as you’d by the federal Drug Enforcement Ad- special accommodations under a bill see if watching a movie with caption- ministration (DEA). heard by the Judiciary Committee ing on Netflix.” Ebke said the U.S. Food and Drug Jan. 26. Representing the National Associa- Administration (FDA) is considering Under LB269, introduced by tion of Theatre Owners, Jeff Logan approving a cannabidiol drug this year Syracuse Sen. Dan Watermeier, movie opposed LB269. He said most theater as a potential anti-convulsive treat- theaters with five owners are accommodating of all ment for children with certain types of or more screens movie viewers. childhood-onset, medication-resistant at one location “Open captioning is really an epilepsy. If the drug is approved by the would be required older solution. I think there are bet- FDA, it must be rescheduled at the to provide open ter solutions now that the technology state level, she said. movie caption- is evolving,” Logan said, adding that “Without this proactive legislation, ing at two weekly many hearing individuals prefer not to Nebraska children with these devastat- showings of each Sen. Dan Watermeier watch a movie with open captioning. ing types of epilepsy might not be able movie produced with open captioning “We don’t want to exclude anyone to obtain rapid access to an exciting through 2021. from the theater experience.” new treatment option,” Ebke said. A movie with open captioning The committee took no immediate “There is no reason why these children projects dialog on the bottom of action on the bill. and their families should suffer a day the screen, viewable to all audience longer than is necessary if there is an members. FDA-approved treatment that might Watermeier said handheld caption- alleviate the burdens of uncontrolled ing devices currently are available seizures.” but can distract from the experience The FDA will be considering final and lessen enjoyment of a movie for Tax credit carry-over approval of the drug in 2017. viewers who cannot hear well. Movie extension proposed Michelle Welborn, representing theaters can obtain open captioning the Intractable Childhood Epilepsy movies at no additional cost, he said. Businesses that make large capital Alliance, supported the bill. She said “According to the Hearing Loss investments in Nebraska could carry her daughter suffers from an epileptic Association of America, 20 percent over unused tax credits for a much disorder and has responded positively of Americans have some level of hear- longer period under a bill heard by the to the drug currently under study by ing loss,” he said. “It’s important we Revenue Committee Jan. 25. the FDA. provide the means by which deaf and LB161, introduced by Sen. Curt “Parents are desperate for help. hard of hearing Nebraskans can enjoy Friesen of Hen- These children should not be denied a the movie experience.” derson, would ex- drug in this day and age that can help Violations would be considered a tend the income them because of drug scheduling,” discriminatory practice and subject to tax credit carryover Welborn said. a penalty of up to 30 days in county period for compa- Representing Nebraska Families jail, a fine of up to $100 or both. nies that file a Tier for Medical Cannabis, Dexter Schrodt John Wyvill, executive director of 6 application un- opposed the bill. He said the scope of the Nebraska Commission for the der the Nebraska Sen. Curt Friesen LB167 is too narrow and suggested Deaf and Hard of Hearing, testified in Advantage Act from one year to 20 that cannabidiol instead be resched- support of the bill. He said handheld years after the end of the entitlement uled for all medical uses. captioning technology often is ineffec- period. The change would apply to all

PAGE 12 • UNICAMERAL UPDATE • 105TH LEGISLATURE January 23 - 27, 2017

Tier 6 project applications filed before, Grewcock said the incentives were vironment while others do better in on or after the bill’s effective date. a major factor in the company’s deci- another,” he said. “Unfortunately not The state Department of Revenue sion to move its data center here and all families have the means to make estimates that the bill would reduce to open new shared services and train- that choice for themselves.” state tax revenue by $1.8 million in fis- ing facilities. Kiewit’s ability to use Only students from a household cal year 2023-24 and by an additional the credits it earns under the act will with an income less than twice the $1.89 million in FY2024-25. help determine where it opens new required level of the federal reduced- The act, which provides tax incen- facilities and hires new workers over price lunch program would be eligible tives for businesses to relocate or expand the next few years, he said. to receive scholarships. They must also in Nebraska, allows companies to carry “Kiewit is not asking the state for be receiving an education scholarship over unused credits for a limited number additional incentives,” he said. “We for the first time and transferring from of years depending on which of the act’s simply want the opportunity to realize a public school or entering kindergar- six tiers the project falls under. the intent of incentives we have earned ten or the ninth grade. Tier 6 is meant to encourage compa- and continue to earn.” The bill would limit the total nies to make significant capital invest- No one testified in opposition to amount of credits to $10 million for the ments and bring high-paying jobs to the bill and the committee took no 2018 calendar year and would allow 25 the state. To qualify for Tier 6 benefits, immediate action on it. percent increases each year after that if companies must invest $10 million and most of the credits are claimed. create 75 new jobs or invest $109 mil- Tax credit for private school The state Department of Revenue lion and create 50 new jobs. scholarship donations proposed would certify scholarship-granting or- Friesen said the current carry-over ganizations, which would be required period of one year is too short for Tier The Revenue Committee heard to offer one or more scholarships to 6 companies to use the credits they earn. testimony Jan. 26 on a bill that would eligible students and grant scholar- In comparison, firms may carry forward allow private donations to fund schol- ships without limiting them to only credits for no more than nine years after arships for students who attend private one qualified school. application for a Tier 1 or Tier 3 project schools in Nebraska. Jim Vokal, CEO of the Platte Insti- and for no more than 14 years after ap- LB295, introduced by Papillion tute, testified in support of the bill. By plication for a Tier 2 or Tier 4 program. Sen. Jim Smith, would create a nonre- boosting the number of private school Extending the carry-over period fundable tax cred- students, he said, the bill ultimately for Tier 6 companies would attract a it for those who would save the state money because wider range of businesses to the state, donate money to public school enrollment would drop. Friesen said, helping to diversify Ne- nonprofit organi- Vokal said an analysis of a similar Florida braska’s economy at a time when the zations that grant program found that the state saved $1.49 agricultural sector is struggling. scholarships to stu- for every dollar it spent on tax credits. “As we work to grow the state and dents to attend a “But the [bill] deserves your sup- wrestle with tax incentive reform, this private elementary Sen. Jim Smith port not because it saves money over is an important update to our current or secondary school in Nebraska. time but also because it’s the right Nebraska Advantage program.” Individuals, pass-through entities, thing to do for working families in Kiewit, a large construction firm estates, trusts and corporations would Nebraska,” he said. with headquarters in Omaha, is the receive a nonrefundable income tax Patrick Slattery, superintendent only company to have qualified for deduction equal to the contributions of the Archdiocese of Omaha, said Tier 6 benefits so far, Friesen said. they make. Credits could be carried enrollment in the archdiocese’s 70 Bruce Grewcock, chairman and CEO forward for up to five years. schools increased by 700 in the last of Kiewit, spoke in support of the bill, say- Smith said the bill is meant to en- two years, and the majority of those ing that Nebraska Advantage Act credits sure that all families, especially ones students meet free and reduced-price helped Kiewit expand its operations in with low incomes, have the opportu- lunch requirements. He said the bill is the state. Since 2012, he said, Kiewit has nity to send their children to private not about favoring private schools over invested more than $400 million and schools if they so choose. public schools but about giving more hired 400 employees in Nebraska. “Some children thrive in one en- families the opportunity to choose

105TH LEGISLATURE • UNICAMERAL UPDATE • PAGE 13 January 23 - 27, 2017 the best education for their children. the bill. She said LB295 would not were surprised to learn they were “In my opinion,” he said, “there save the state money, as proponents ineligible for the plates despite their are thousands of families that, if they say, because even if public enrollment years of service. had additional access to scholarship declines, schools’ fixed costs, such as “I talked to a veteran with a service- dollars, would have an option — would lighting, heating and maintenance, connected injury who was surprised have that ability — to choose.” will not change. Claims that the bill is when he found out he didn’t qualify Jayleesha Cooper, an eighth grader aimed at helping low-income families under current law,” he said, adding that who attends an Omaha Catholic are misleading, she said, because chil- current law requires a service member school, also testified in support of the dren could qualify for scholarships even to have been federalized to qualify. bill, saying that she would have ben- if their family’s income is in the top 40 Omaha Sen. John McCollister efited from a tax credit scholarship. percent in the state. introduced an amendment, adopted Cooper’s mother worked two jobs to “Many middle- and upper-class 44-0, that incorporated provisions of help pay for tuition, and she eventually families would receive a tax break for his LB419. As amended, current and received financial assistance. Cooper sending kids to private school when former commissioned officers of the said the bill would increase the number they would have gone to private school United States Public Health Service of scholarships available to students like anyway,” she said. or National Oceanic and Atmospheric her who wish to attend private school. The committee took no immediate Administration also would be eligible “There are many kids just like me action on the bill. for the military honor license plates. who want to find a school that is a “They serve, they took the same better fit for them,” Cooper said, “but oath and many of them have served they aren’t able to go to the private deployments,” McCollister said. school options because they don’t Columbus Sen. Paul Schumacher have enough funds.” raised concerns during debate Jan. John Bonaiuto, executive director 23 that the bill would allow the sale of the Nebraska Association of School Honor license plates advanced of honor plates to designated trust Boards, opposed the bill, saying that for military reservists beneficiaries. A trust could purchase the amount of credits could grow honor plates for multiple cars, driven Lawmakers gave first-round approval dramatically with the proposed annual by multiple beneficiaries, as long as Jan. 24 to a bill that would expand eligi- increases, reducing state tax revenue. one of the beneficiaries is an eligible bility for military honor license plates. “We’re not saying it’s the public service member, he said. Active duty service people or hon- schools’ money,” he said, “but it’s money Sen. Bob Krist of Omaha agreed orably discharged that you’re not going to have when you with Schumacher’s interpretation. He veterans current- sit down to make decisions for the state.” said the honor conveyed by a military ly are eligible to Kathy Danek, a Lincoln Public honor license plate should be reserved purchase a mili- Schools board member, also testified only for those eligible. tary honor license in opposition to the bill. She said Ne- “I, along with other veterans in this plate. LB45, intro- braska has a high-quality public school chamber are very proud of our military duced by Syracuse system that already provides parents service,” he said. “As passionate as I am Sen. Dan Water- Sen. Dan Watermeier with a choice of schools through its about honoring the people who have meier, would extend eligibility for the option enrollment system. She said the served our country, I’m equally passion- license plates to people who serve or bill would divert tax revenue that could ate that people who have never served have served on reserve duty. be used to pay for public schools. or put on a uniform don’t have access Reservists serving in the United States “Can Nebraska afford to pay for to one of these plates in any way.” Navy, Marine Corps, Coast Guard, Air two systems of education?” she said. Watermeier later introduced an Force and Army all would be eligible “The Constitution requires one, a amendment to remove the language au- under LB45. A trust could purchase a public system where every child who thorizing a trust to purchase a military military honor license plate if a desig- walks through our door is served.” honor plate and it was adopted 34-2. nated beneficiary of that trust is eligible Renee Fry, executive director of Senators then advanced the bill to to receive the plate, under the bill. OpenSky Policy Institute, also opposed select file on a 40-0 vote. Watermeier said several veterans

PAGE 14 • UNICAMERAL UPDATE • 105TH LEGISLATURE January 23 - 27, 2017

within the special assessment district. be due 50 days after the initial levy date, Currently, special assessments over with subsequent payments due after $5,000 must be paid within 10 years. one year and annually after that. LB159, introduced by Omaha Sen. John Cassie Paben, deputy chief of staff of McCollister, would Bill would extend infrastructure economic development for Omaha, sup- extend the repay- repayment period ported the bill. She said the city currently ment period to 20 has 240 lane miles of roads that need im- The Urban Affairs Committee years. He said some provement, at an estimated cost of $300 heard testimony Jan. 24 on a bill that older neighbor- million. Extending the repayment period would allow certain cities more time hoods in Omaha would help the city make needed improve- to repay special assessments levied for were built without ments much more quickly, she said. infrastructure projects. an expectation that Sen. John McCollister “Currently, property owners in as- Cities can create a special assess- developers also build infrastructure like sessment districts are responsible for ment district to finance infrastructure streets, alleys and storm sewers. 100 percent of the [improvement] cost, projects including improvement of “As a result, we’re left dealing which could mean $25,000 or more streets, alleys, storm sewers and side- with unfinished projects,” he said. per property owner to be paid back walks. Financing provided by the city “[LB159] represents a good solution in 10 years,” she said. at the beginning of a project is then to deal with many [neighborhoods] in No one testified in opposition to repaid through a special assessment Omaha that have this same problem.” the bill. The committee advanced it levied upon property owners located The first installment payment would to general file on a 7-0 vote. g

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105TH LEGISLATURE • UNICAMERAL UPDATE • PAGE 15 January 23 - 27, 2017 Committee Hearings *Current hearing schedules are always available at: NebraskaLegislature.gov/calendar

Monday, January 30 General Affairs Education Banking, Commerce & Insurance Room 1510 - 1:30 p.m. Room 1525 - 1:30 p.m. Room 1507 - 1:30 p.m. LB463 (Watermeier) Change a provision LB214 (Halloran) Terminate the Master LB137 (Lindstrom) Adopt the relating to appointment to certain Teacher Program Unclaimed Life Insurance Benefits Act cemetery boards LB457 (Briese) Change exceptions to LB231 (Kolterman) Authorize LB393 (Larson) Provide for regulation of school district levy and budget exceptions disciplinary action under the Insurance kickboxing for voluntary termination agreements Producers Licensing Act for failing to LB469 (Larson) Adopt the Fantasy LB175 (Morfeld) Adopt the Student maintain a license in good standing Contests Act Online Personal Protection Act LB241 (Craighead) Provide an LB377 (Education) Change provisions exception to the annual privacy notice Transportation & Telecommunications relating to classification of school districts requirement under the Privacy of Room 1113 - 1:30 p.m. Insurance Consumer Information Act LB55 (Schumacher) Change a duty of Nebraska Retirement Systems LB239 (Baker) Change provisions landowners relating to the frequency of Room 1525 - 12:00 p.m. relating to trust funds under the Burial mowing roadside weeds LB219 (Committee) Change retirement Pre-Need Sale Act LB584 (Friesen) Change provisions system provisions relating to authorized relating to mowing of weeds along roads benefit elections and actuarial Business & Labor LB78 (Crawford) Change provisions assumptions Room 2102 - 1:30 p.m. relating to relinquishment or LB273 (Halloran) Require rounding abandonment of any portion of a state Transportation & Telecommunications a certain dollar amount in the highway system Room 1113 - 1:30 p.m. Employment Security Law to the LB339 (Friesen) Merge the Department LB418 (Briese) Update certain references nearest whole dollar amount of Aeronautics into the Department of to federal regulations regarding motor LB519 (Hansen) Change Employment Roads and rename as the Department vehicles and motor carriers Security Law provisions relating of Transportation LB346 (Lowe) Eliminate the requirement to employers’ experience and for a motor vehicle, motorcycle, or reimbursement accounts Tuesday, January 31 trailer salesperson license LB363 (Hansen) Change the Agriculture LB347 (Geist) Change provisions relating Conveyance Safety Act Room 2102 - 1:30 p.m. to school bus permits and qualifications LB172 (Albrecht) Change the LB348 (Larson) Eliminate licensing, an LB404 (Groene) Require a train crew of Employment Security Law excise tax, and other provisions of the at least two individuals LB264 (Albrecht) Change provisions Nebraska Potato Development Act relating to qualifications of boiler LB477 (McCollister) Prohibit certain Urban Affairs inspectors unlawful acts as prescribed relating to Room 1510 - 1:30 p.m. LB301 (Albrecht) Provide for electronic the Weights and Measures Act LB256 (Briese) Adopt the Vacant notices of determinations of claims Property Registration Act under the Employment Security Law Banking, Commerce & Insurance LB383 (Quick) Change membership Room 1507 - 1:30 p.m. provisions for certain municipal Education LB148 (Schumacher) Change community redevelopment authorities, Room 1525 - 1:30 p.m. provisions of the Securities Act of citizen advisory review committees, LB58 (Craighead) Change Nebraska and planning commissions provisions relating to participation in LB187 (Schumacher) Increase a dollar LB304 (Crawford) Change provisions extracurricular activities threshold for transactions exempt from relating to the Nebraska Housing LB427 (Vargas) Require breastfeeding registration under the Securities Act Agency Act accommodations for student-parents of Nebraska, provide for an annual LB399 (Wayne) Change provisions LB428 (Vargas) Require schools and adjustment to such amount, and relating to housing commissions the State Department of Education to provide for the effect of exempt sales adopt policies relating to pregnant and on malpractice premiums Wednesday, February 1 parenting students LB486 (Kolterman) Change continuing Executive Board education requirements for insurance Room 2102 - 12:00 p.m. Executive Board licensees LB376 (Scheer) Donate property to the Room 2102 - 12:00 p.m. LB306 (Lindstrom) Change provisions Northeast Community College Area LB216 (Harr) Adopt the Redistricting Act relating to the scope of coverage of LB442 (Bolz) Create the Medical LR3 (Harr) Create the Task Force on the and notice required under the Portable Assistance Managed Care Organization Nebraska State Flag Electronics Insurance Act Oversight Committee

PAGE 16 • UNICAMERAL UPDATE • 105TH LEGISLATURE January 23 - 27, 2017 Committee Hearings *Current hearing schedules are always available at: NebraskaLegislature.gov/calendar

Government, Military & Veterans Affairs Thursday, February 2 Friday, February 3 Room 1507 - 1:30 p.m. Executive Board Government, Military & Veterans Affairs LR6 (Ebke) Resolution to Congress for Room 2102 - 12:00 p.m. Room 1507 - 1:30 p.m. convention of the states to propose LB407 (Pansing Brooks) Create and LB152 (Craighead) Change and eliminate amendments to the U.S. Constitution provide duties for the Whiteclay Public provisions relating to the fees for LR18CA (Larson) Constitutional Health Emergency Task Force recording and filing certain documents amendment to change the age for LB445 (Chambers) Prohibit lobbyist- LB624 (Wishart) Provide procedure to with- eligibility for public office provided meals and beverages for hold from the public law enforcement of- legislators during session in the State ficers’ residential addresses in county records Health & Human Services Capitol Room 1510 - 1:30 p.m. Health & Human Services LB225 (Crawford) Change provisions Government, Military & Veterans Affairs Room 1510 - 1:30 p.m. relating to alternative response to a Room 1507 - 1:30 p.m. LB227 (Wishart) Create the Brain Injury report of child abuse or neglect and LB127 (Groene) Change notice Council and Brain Injury Trust Fund provide duties for the Department of requirements under Open Meetings Act LB283 (Riepe) Change and eliminate provi- Health and Human Services LB365 (Blood) Change provisions sions relating to licensed practical nurses LB417 (Riepe) Change and eliminate relating to access to public records and LB323 (Kolterman) Adopt the Palliative provisions relating to public health and provide for fees Care and Quality of Life Act welfare LB494 (Briese) Provide for withholding public records relating to energy Judiciary Judiciary infrastructure Room 1113 - 2:00 p.m. Room 1113 - 1:30 p.m. Appointments: Davis, Jeffrey; Kelly, Joe LB353 (Baker) Change claim, award, and Health & Human Services P.; Sanders, Rita G. - Crime Victims judgment payment provisions under the Room 1510 - 1:30 p.m. Reparations Committee Political Subdivisions Tort Claims Act LB91 (Hilkemann) Change provisions LB84 (Blood) Provide for admissibility in LB371 (Crawford) Eliminate condemna- relating to infant health screenings any civil action of evidence of damages tion authority of the State Fire Marshal LB401 (Hilkemann) Change provisions as a result of driving under the influence LB381 (Harr) Change provisions relating relating to metabolic screening LB202 (Lowe) Create the offense of to jury sequestration LB481 (Kuehn) Provide for drug obstructing government operations by LB542 (Kuehn) Provide for liens and product selection for interchangeable refusing to submit to a chemical test recovery of debt incurred under the biological products authorized by search warrant Medical Assistance Act LB268 (Schumacher) Change court Judiciary Nebraska Retirement Systems and other provisions relating to medical Room 1113 - 1:30 p.m. Room 1525 - 12:00 p.m. assistance reimbursement LB39 (Harr) Prohibit the sale and trade LB278 (Kolterman) Redefine disability of ivory and change disability retirement Natural Resources LB81 (Blood) Change the application application and medical examination Room 1525 - 1:30 p.m. fee for handgun certificates provisions for various retirement acts LB390 (Albrecht) Change provisions LB100 (Stinner) Change provisions LB413 (Kolterman) Change a retirement relating to flood protection and water relating to removal of firearm-related application timeframe for judges and quality enhancement bonds disabilities under the Nebraska Mental Nebraska State Patrol officers as LB536 (Hughes) Clarify disbursement Health Commitment Act prescribed and change supplemental provisions for natural resources districts LB321 (Lowe) Change provisions lump-sum cost-of-living adjustments relating to unlawful possession of a under the Judges Retirement Act Revenue firearm at a school Room 1524 - 1:30 p.m. Revenue LB49 (Schumacher) Provide for the Revenue Room 1524 - 1:30 p.m. treatment of certain amendments to the Room 1524 - 1:30 p.m. LB215 (Harr) Adopt the Nebraska E-15 Internal Revenue Code LB98 (Friesen) Extend certain levy Tax Credit Act LB69 (Pansing Brooks) Increase the authority for natural resources districts LB325 (Harr) Exempt certain purchases earned income tax credit LB217 (Harr) Change provisions relating of energy star qualified products from LB129 (Morfeld) Increase the earned to the accrual of interest on denied and sales and use taxes income tax credit reduced homestead exemptions LB601 (Erdman) Change distribution of LB174 (Morfeld) Adopt the Apprenticeship sales and use tax revenue and provide Training Program Tax Credit Act duties for Department of Revenue

105TH LEGISLATURE • UNICAMERAL UPDATE • PAGE 17 January 23 - 27, 2017 Committee Hearings *Current hearing schedules are always available at: NebraskaLegislature.gov/calendar

Monday, February 6 LB260 (Hansen) Provide for a state Urban Affairs Business & Labor food insecurity nutrition incentive grant Room 1510 - 1:30 p.m. Room 2102 - 1:30 p.m. program and state intent regarding LB9 (Krist) Adopt the Radon Resistant LB305 (Crawford) Adopt the Paid appropriations New Construction Act Family Medical Leave Insurance Act LB274 (Halloran) Change provisions of LB455 (Quick) Update references to the LB372 (Crawford) Provide protections the Plant Protection and Plant Pest Act National Electrical Code for employees with family care and eliminate the Nebraska Rangeland LB591 (Crawford) Provide for responsibilities under the Nebraska Fair Grasshopper Control Act enforcement of building codes under Employment Practice Act the Contractor Registration Act Tuesday, February 7 LB590 (Crawford) Change state Education Education building code provisions Room 1525 - 1:30 p.m. Room 1525 - 1:30 p.m. LB144 (Friesen) Change agricultural LB554 (Smith) Provide for a financial Wednesday, February 8 and horticultural adjusted valuations for transparency web site for schools, Executive Board calculating state aid to schools school districts, and educational Room 2102 - 12:00 p.m. LB265 (Friesen) Provide for a minimum service units LB530 (Harr) Change requirements for amount of state aid based on the LB645 (Pansing Brooks) Add dyslexia providing information to the Legislative number of students in a local system for purposes of special education Fiscal Analyst and provide for LB571 (Friesen) Change state aid for LB595 (Groene) Provide for the use of withholding appropriations education relating to allocated income physical force or physical restraint or LB539 (Krist) Change investigation and tax funds removal from a class in response to report provisions relating to the Office student behavior of Inspector General of the Nebraska Executive Board Correctional System Room 2102 - 12:00 p.m. Nebraska Retirement Systems LB646 (Pansing Brooks) Provide for an Room 1507 - 4:30 p.m. Health & Human Services extreme weather preparedness task LB30 (Kolterman) Provide for a cash Room 1510 - 1:30 p.m. force and strategic action plan balance benefit plan by cities of the LB50 (Schumacher) Provide reporting LB648 (Pansing Brooks) Create the metropolitan and primary classes for duties relating to behavioral health New Machine Age Task Force certain police officers or firefighters as entities prescribed LB456 (Briese) Provide for supportive Transportation & Telecommunications services for disabled parents in family Room 1113 - 1:30 p.m. Transportation & Telecommunications and dependency matters LB54 (Schumacher) Change provisions Room 1113 - 1:30 p.m. LB605 (Riepe) Change rate provisions relating to unattended motor vehicles LB351 (McCollister) Change provisions relating to the ICF/DD Reimbursement LB368 (Lowe) Change helmet relating to veteran designations Protection Fund provisions, change passenger age on operators’ licenses and state limits, and require eye protection for identification cards Judiciary operators of motorcycles and mopeds LB294 (Smith) Provide for a reciprocity Room 1113 - 1:30 p.m. LB83 (Blood) Allow physician medical agreement with a foreign country for LB53 (Schumacher) Change provisions directors to display emergency vehicle mutual recognition of motor vehicle relating to mandatory minimum lights operator licenses sentencing and sentencing of habitual LB275 (Hughes) Provide duties for LB263 (Committee) Change provisions criminals law enforcement officers and rights relating to vehicle certificates of title, LB107 (Crawford) Prohibit sexual and duties for private property owners registration, and license plates and assault of a patient, client, or student regarding abandoned vehicles provide for implementation of an as prescribed LB310 (Friesen) Change provisions electronic dealer services system by LB108 (Crawford) Require guidelines relating to bridge carrying capacities the Department of Motor Vehicles to ensure safety of minor or dependent and weight limits LB143 (Friesen) Provide a duty to carry whose parent or guardian is arrested exception for public power district LB160 (McCollister) Expand the Tuesday, February 7 motor vehicle or trailer registration definition of victim as relates to crime Agriculture certificates victims’ rights Room 2102 - 1:30 p.m. LB355 (Bolz) Provide for Native LB447 (Chambers) Eliminate certain LB600 (Committee) Change various American Cultural Awareness and mandatory minimum penalties provisions of the Livestock Brand Act History Plates relating to the Nebraska Brand Committee

PAGE 18 • UNICAMERAL UPDATE • 105TH LEGISLATURE January 23 - 27, 2017 Committee Hearings *Current hearing schedules are always available at: NebraskaLegislature.gov/calendar

Natural Resources LB387 (Lindstrom) Change and eliminate Judiciary Room 1525 - 1:30 p.m. provisions relating to various tax credit pro- Room 1113 - 2:00 p.m. Appointment: Gard, Randy - Neb. grams and economic development activities LB193 (Pansing Brooks) Change Ethanol Board LB126 (Groene) Change sunset dates provisions relating to courts LB566 (Committee) Adopt the Interstate under the Nebraska Job Creation and LB509 (Ebke) Change provisions Wildlife Violator Compact Mainstreet Revitalization Act and the relating to the issuance of subpoenas LB635 (Bostelman) Change certain viola- Nebraska Advantage Act LB517 (Pansing Brooks) Change provisions tions and penalties under the Game Law regarding transfer of property upon death LB636 (Bostelman) Prohibit interference Friday, February 10 LB647 (Pansing Brooks) Change with hunting, trapping, or fishing by Government, Military & Veterans Affairs judges’ salaries intimidation using a telephone or other Room 1507 - 1:30 p.m. communication device LB68 (Hilgers) Prohibit certain regulation Nebraska Retirement Systems of firearms, ammunition, and firearm Room 1525 - 12:00 p.m. Revenue accessories by counties, cities, and LB414 (Kolterman) Provide an employer Room 1524 - 1:30 p.m. villages as prescribed contribution and a state contribution for LB337 (Smith) Change income tax rates and judges’ retirement as prescribed and provide for deferrals of the rate changes Health & Human Services change provisions relating to distribution LB338 (Brasch) Adopt the Agricultural Room 1510 - 1:30 p.m. and remittance of court fees Valuation Fairness Act LB287 (Wishart) Provide duties for the State Child and Maternal Death Review Revenue Thursday, February 9 Team Room 1524 - 1:30 p.m. Health & Human Services LB506 (Albrecht) Adopt the LB121 (Brewer) Change provisions Room 1510 - 1:30 PM Compassion and Care for Medically relating to the taxation of military benefits LB495 (Riepe) Change provisions Challenging Pregnancies Act LB169 (Wayne) Exempt social security relating to developmental disabilities LB430 (Smith) Change powers and benefits and retirement income from LB534 (Vargas) Provide for a housing duties of the Department of Health and income taxation coordinator within the Department of Human Services under the Radiation LB453 (Lindstrom) Change provisions Health and Human Services Control Act relating to income tax adjustments for social security benefits g Judiciary Room 1113 - 1:30 p.m. LB60 (Lindstrom) Change Parenting Act Live coverage of the provisions relating to limitation or denial of custody or access to a child Legislature offered LB104 (Bolz) Provide for a surrogate to make health care decisions for smartphones LB122 (Pansing Brooks) Provide for family member visitation petitions he Nebraska Capitol Live app allows users of both Android LB198 (McCollister) Terminate the T and Apple products to stream all coverage of the Unicameral Crimes Against Children Fund from bill introduction to final reading. LB307 (Brasch) Provide for mediation, child abuse prevention, and civil legal services fees in certain proceedings Provided by the State of Nebraska and Nebraska Educational Telecommunications (NET), the app is free and available from the Natural Resources Apple app store, iTunes and the Google Play store. It also provides Room 1525 - 1:30 p.m. LB626 (Larson) Adopt the Shared live coverage of other state entities, including the Nebraska Community Solar Act Supreme Court and the governor’s hearing room. LB392 (Larson) Adopt the Wind Friendly Counties Act Additionally, NET Television continues to provide coverage Revenue Room 1524 - 1:30 p.m. from the Legislature via live LB546 (Watermeier) Change the broadcasts on NET2 World and Nebraska Advantage Act its website at netNebraska.org.

105TH LEGISLATURE • UNICAMERAL UPDATE • PAGE 19 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