UNICAMERAL UPDATE News published daily at Update.Legislature.ne.gov Vol. 44, Issue 20 / May 18 - 27, 2021 Legislature adjourns sine die he first new property tax session of relief and cutting T the107th taxes on military Legislature ad- retirement, Social journed sine die Security income, May 27, the 84th business inputs day of the sched- and residential wa- uled 90-day session. ter service. Lincoln Sen. “I think it’s the , most consequen- Speaker of the Leg- tial series of tax islature, thanked cut bills that this senators and staff Legislature has for their hard passed, maybe in work, acknowledg- decades,” he said. ing the efforts of “All of these things many to complete make an uninterrupted more competitive and “tremendously and more afford- difficult” session able.” during the ongoing Looking ahead coronavirus pan- to the 2022 legisla- demic. tive session, Hil- “The things gers urged sena- we put in place — tors to think big all-day committee about how best to hearings, the sub- continue to move mitted written tes- Nebraska forward timony, everything with a sense of ur- Gov. addresses senators in the George W. Norris Chamber on the last day of else that made life the 2021 session. gency. so difficult for so “If this Legisla- many — were really the keys to allow us to get our work ture wants to be as transformative as I believe that it can done,” he said. be, we have to start with an historic first session, but we Among the challenges faced by lawmakers this year, have to end with a transformative second session,” he said. Hilgers said, were passing the state’s two-year budget and Gov. Pete Ricketts, in his address to lawmakers, praised approving significant tax reform. Hilgers credited the senators for approving nearly $1.7 billion in property tax Legislature’s Appropriations Committee for passing what relief over the next two years. Almost 18.5 percent of the he called one of the best budgets in years, which funded state’s biennial budget is dedicated to various tax relief many senators’ priorities while holding annual spending measures, he said. growth below 3 percent. “This is the most, the biggest, the greatest amount of tax Hilgers also praised lawmakers, and members of the relief any legislature has done in a quarter century — and Revenue Committee specifically, for their work in funding (continued page 2)

INSIDE: Senators successfully override three gubernatorial vetoes • Redistricting guidelines adopted May 18 - 27, 2021 Legislature adjourns sine die (continued from front page) potentially in the history of the state of Nebraska,” Ricketts said. The governor said the Legisla- ture’s “quick and decisive” action empowered state agencies to respond effectively to the challenges posed by the coronavirus pandemic. “Throughout the pandemic, we were always able to provide that hospi- tal bed, that ICU bed or that ventilator to anyone who needed it, when they needed it,” he said. “That has allowed us ... to have one of the lowest fatality rates from coronavirus of any state in the nation.” Ricketts said many Nebraskans stepped up to take care of one another, allowing the state to emerge from the pandemic in a strong position. “Because of the great work of our educators, we have one of the highest rates of kids in classrooms throughout the course of this last school year,” he Lincoln Sen. Mike Hilgers, finishing his first session as Speaker of the Legislature, thanked said. “We had the lowest unemploy- senators for their service, dedication and sacrifice during a “historic” year. ment rate on average of any state in the nation throughout 2020, and we The Legislature is scheduled to con- ing process. The second session of have the lowest unemployment rate in vene in early fall for a special legislative the 107th Legislature is scheduled to the country today.” session to complete the 2021 redistrict- convene Jan. 5, 2022. n

UNICAMERAL UPDATE

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PAGE 2 • UNICAMERAL UPDATE • 107TH LEGISLATURE May 18 - 27, 2021

107TH LEGISLATURE • UNICAMERAL UPDATE • PAGE 3 May 18 - 27, 2021

building rentals, costs associated with first must provide required informa- increased inspections and educational tion electronically to the committee. and workforce training. LB572 also makes violations of Lawmakers voted 48-0 to pass several Livestock Brand Act provisions Animal shares, independent LB324. infractions enforceable by citation. processor assistance approved The bill makes it a Class III felony to Livestock Brand Act changes willfully or knowingly apply, remove, Senators passed a bill May 19 approved damage or alter an approved nonvisual that allows farmers and ranchers to identifier — or corrupt the informa- offer livestock ownership shares to The Nebraska Brand Commit- tion recorded on an identifier — if it customers. tee may use electronic devices, nose is done to steal or falsely assert owner- Introduced by Plymouth Sen. Tom prints, retinal scans or DNA matches ship of livestock. Brandt, LB324 allows the acquisition to identify cattle under a bill passed Finally, under LB572, appoint- of meat through by lawmakers May 20. ments to the committee are subject to an animal share LB572, introduced by Hastings Sen. confirmation by the Legislature. — an ownership in- , allows the committee The bill passed on a vote of 47-1. terest in an animal to provide for elec- or herd of animals tronic inspection created by a writ- of enrolled cattle ten contract be- identified by cer- tween a consumer Sen. Tom Brandt tain approved non- and a farmer or rancher — under visual identifiers. State aid to counties for certain conditions. The committee certain federal judgments Among other requirements, the will establish pro- Sen. Steve Halloran authorized animal share owner, or someone cedures for cattle enrollment that acting on their behalf, must receive include providing acceptable certifi- Lawmakers gave final approval the meat, and the farmer or rancher cation or evidence of ownership and May 20 to a bill that provides state must provide the consumer with a submit a report to the Legislature general funds to counties to pay cer- description of their livestock health describing actions taken to implement tain federal judgments. and processing standards. electronic inspection. Electronic in- LB103, sponsored by Sen. My- A farmer or rancher who offers spection does not require committee ron Dorn of Adams, appropriates an animal share must be a Nebraska employees to be present. $2 million in gen- resident and maintain a record of The bill creates an electronic inspec- eral funds in fiscal each animal share sold. The name tion fee of no more than 85 cents per year 2021-22 and and address of each individual with head and lowers the physical brand FY2022-23 to any an ownership interest in the particu- inspection fee to the same amount. The county that has a lar livestock must be presented to the new fee schedule takes effect Oct. 1, judgment against processor prior to slaughter. 2021, and ends June 30, 2023. it from a federal LB324 also creates an independent LB572 also increases fees for new court of more than Sen. Myron Dorn processor assistance program that, if brand applications and brand renewals $25 million if the total cost of the funds are made available, will provide and authorizes the committee to charge judgment exceeds 20 percent of the funding to certain federally inspected, for actual mileage incurred by an inspec- county’s annual budget. state inspected or custom-exempt tor to perform a physical inspection. An eligible county must set its prop- slaughter and processing facilities in Additionally, the bill requires the erty tax levy at the maximum for each Nebraska that employ fewer than 25 committee to provide a certified bill year that it receives aid under the bill people. of sale and a certified transportation and any state funds received may be Recipients may use the funds to permit to qualified dairies that sell or used only for payment of a qualifying pay for capital improvements, utilities move calves under 30 days of age out judgment. upgrades, equipment, technology, of the brand inspection area. Dairies The bill passed 44-3.

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State funding for tribal health by the state Department of Economic center passed Development, with an application pe- riod beginning July 1, 2021, and end- Lawmakers gave final approval May ing July 15, 2021. Grants will require a 20 to a bill that provides state funds to one-to-one match from private sources one of Nebraska’s federally qualified and are capped as follows: Digital asset depository bill health centers. • $500,000 for projects costing approved LB185, sponsored by Gordon Sen. less than $5 million; , ap- • $5 million for projects between A bill establishing a state-level propriate $531,000 $5 million and $25 million; regulatory system for digital assets in general funds in • $10 million for projects between — including cryptocurrency such as fiscal year 2021-22 $25 million and $50 million; Bitcoin — passed May 20. and FY2022-23 to and LB649, intro- the state Depart- • $15 million for projects greater duced by Nor- ment of Health than $50 million. folk Sen. Michael and Human Ser- Sen. Tom Brewer Qualifying projects are required to Flood, allows cre- vices to provide funding to the Fred complete their fundraising by Dec. 31, ation of digital LeRoy Health and Wellness Center 2021, and construction must com- asset depository in Omaha. mence by June 30, 2022. institutions in Ne- Senators passed the bill on a 49-0 LB566 passed 42-3 and takes effect braska. Sen. Michael Flood vote. immediately. The bill provides two pathways for managing digital currency: a state- Nonprofit capital construction Highway reporting chartered bank may create a digital as- grant program approved requirement passed set division or a digital asset depository may be created under a new charter. Lawmakers passed a bill May 20 Senators approved a bill May 21 Both are regulated by the state Depart- intended to help jump-start certain intended to provide lawmakers with ment of Banking and Finance. construction projects delayed by the more information on the progress of Among other provisions, LB649 COVID-19 pandemic. highway projects. also: LB566, sponsored by Omaha Sen. LB579, introduced by Colum- • establishes procedures for in- Mike McDonnell, creates the Shov- bus Sen. Mike Moser, requires the corporation, operation, liquida- el-Ready Capital state Department tion and dissolution of digital Recovery and In- of Transportation asset depository institutions; vestment Fund to to include in its • prohibits digital depository provide matching annual report to institutions from taking cash grants to qualify- the Legislature in- deposits or lending cash; ing sports com- formation detail- • requires a digital depository’s plexes and non- ing the amount headquarters and office of the profits related to Sen. Mike McDonnell of money spent to Sen. Mike Moser chief executive officer to be arts, culture or the humanities. date on the state’s expressway system, established in Nebraska; The bill allocates $15 million in the number of miles yet to be com- • allows digital depositories to be general funds and provides for al- pleted and expected milestone dates. held by a bank holding com- location of additional federal funds The report also must include a pany and allows existing bank subject to the Legislature’s appropria- statement of all state highway projects investment in such a depository; tions process. It also allows the fund under construction and the estimated • requires notice to customers to receive transfers authorized by the cost of each project. that accounts are not insured by Legislature, as well as gifts, grants or LB579 passed 45-0. the Federal Deposit Insurance bequests from other sources. Corporation if applicable; The program will be administered • requires a surety bond or

107TH LEGISLATURE • UNICAMERAL UPDATE • PAGE 5 May 18 - 27, 2021

pledged investments and speci- provisions of LB241 into another He said federal regulations are chang- fied private insurance; measure but the effort was unsuccess- ing quickly in light of increased vac- • authorizes digital depositories ful. The rejection of that proposal, he cination rates. to obtain federal deposit insur- said, resulted in increased COVID-19 “Currently, it’s best to hold off ance if available; cases, hospitalizations and deaths in on creating a new law that targets a • establishes a minimum capital meatpacking plants. specific industry,” Hansen said. “Right requirement of $10 million; As amended during general file now, in my opinion, it is not needed.” • allows a digital asset depository debate, employers would be required Vargas opposed the bracket mo- to use the term “bank” in its to maintain 6 feet of space in com- tion. Meatpacking plants that have name only if it is clear that the mon areas only. If the Centers for implemented many of the bill’s provi- entity is managing digital assets; Disease Control and Prevention re- sions already should not take issue • allows digital depositories to vise COVID-19 guidelines, the state with codifying those regulations in apply for membership in the Department of Labor could adjust state law, he said. Federal Reserve Bank system; provisions in LB241 to mirror those The bracket motion prevailed on and recommendations. a 25-18 vote. Twenty-five votes were • authorizes the director of the Under the bill, employees would needed. Department of Banking and be screened for COVID-19 at the start Finance and the governor to of each shift, including a temperature Compensation approved for set the assessment of digital check — with the result disclosed to first responders’ families depositories to cover adminis- the employee — and either an oral tration costs. or written questionnaire including A bill to provide a one-time death Lawmakers passed LB649 on a questions about possible symptoms benefit to families of Nebraska first 46-2 vote. and exposure. responders killed in the line of duty If a worker suspects they have was passed by the Legislature May 19. been exposed to COVID-19, they LB255, intro- could leave the meatpacking opera- duced by Lincoln tion premises to receive a test on paid Sen. , work time. Employees displaying CO- provides monetary VID-19 symptoms would be allowed compensation to Meatpacking worker to quarantine at home while awaiting the family of a law protections stall test results, although asymptomatic enforcement offi- employees could return to work. cer, firefighter, cor- Sen. Matt Hansen Lawmakers bracketed a proposal The bill also would ensure paid sick rectional officer or government or non- May 18 that would enact health and leave for an employee who tests positive profit EMS ambulance squad member safety protections for meatpacking that would not count against any other killed in the line of duty, including workers during the ongoing corona- paid sick leave owed to the employee. those who work on a voluntary basis. virus pandemic. The protections proposed in LB241 Under the bill, a qualifying family LB241, as introduced by Omaha would apply until June 30, 2022. member must file for compensation Sen. , would require Kearney Sen. John Lowe offered within one year of the death. For first employers to a motion during select file debate to responders killed in 2022, compensa- maintain 6 feet bracket the bill until June 10, 2021, tion provided will be $50,000. For of space around which effectively would end debate on each following year, compensation will and between each LB241 for this session. As cases have be equal to the previous year’s com- worker, including declined and vaccination rates have pensation increased by the percentage in common areas increased, Lowe said, the provisions increase in the consumer price index like lunch, break outlined in the proposal have become for all urban consumers. and locker rooms. Sen. Tony Vargas unnecessary. The bill defines a line-of-duty death During the 2020 legislative session, Speaking in support of the bracket as having occurred within three years Vargas attempted to incorporate the motion was Blair Sen. Ben Hansen. of a related incident or injury during

PAGE 6 • UNICAMERAL UPDATE • 107TH LEGISLATURE May 18 - 27, 2021 the active performance of an indi- McDonnell said Nebraska is the has a threat assessment team and vidual’s official duties. only state that continues to deny un- maintains a current list of contact LB255 passed on a 38-6 vote. employment benefits to these workers. information for at least five team “[The bill] will address the gap members designated to receive alerts Unemployment eligibility in access to unemployment benefits from report line staff 24/7. expanded currently being denied to otherwise Report line staff immediately will qualified and legally present workers alert the appropriate threat assessment Lawmakers passed a bill May 19 to in the state of Nebraska,” he said. team of any concern directly regard- expand eligibility for unemployment Under a Business and Labor Com- ing a student, school staff member benefits. mittee amendment, adopted 33-0, an or school property or that is likely to LB260, sponsored by Omaha individual eligible for benefits under impact a student, school staff member Sen. , LB298 first would have their employ- or school property. expands the list ment authorization verified through The bill requires parental notifica- of “good cause” the federal Systematic Alien Verifica- tion within a reasonable period if a reasons to leave tion for Entitlements program. report regarding a student is deemed employment vol- The bill advanced to select file on credible, unless such notification untarily to include a 26-9 vote. reasonably could be believed to con- caring for a family tribute to the endangerment of the member with a se- Sen. Megan Hunt student or others. Any information or rious health condition. material in the possession of the threat The bill allows workers who volun- assessment team will remain separate tarily have left employment to care for from educational records. a family member, but who are seeking LB322 will be funded with federal to return to employment and meet Statewide school safety CARES Act funds through fiscal year all other existing requirements, to be reporting system approved 2022-23. The department then will eligible for unemployment benefits. conduct a cost-benefit analysis and The bill passed on a 33-11 vote. Lawmakers approved a statewide report to the Legislature with recom- school safety reporting program May 19. mendations regarding continued Immigrant worker unemploy- LB322, sponsored by Gothenburg funding. ment benefits advance Sen. Matt Williams, requires the Senators voted 41-5 to pass the bill. state Department Lawmakers gave first-round approv- of Education to Statewide farm-to-school al May 18 to a bill that would expand establish a state- program adopted unemployment benefit eligibility. wide, anonymous Currently, Nebraska employers reporting system A Nebraska farm-to-school pro- pay unemployment insurance taxes to support threat gram will provide locally grown and for all employees — including eligible assessment teams minimally processed food to elemen- work-authorized immigrants who are with the goal of Sen. Matt Williams tary and secondary school students barred under state law from receiving reducing violent incidents. under a proposal passed by lawmakers unemployment benefits. The reporting system — the Safe- May 20. LB298, spon- 2HelpNE report line — allows students, LB396, introduced by Sen. Tom sored by Omaha school staff, parents and community Brandt of Plym- Sen. Mike McDon- members to report information about outh, requires the nell, would allow concerning behavior or possible harm state Department work-authorized to people or property anonymously of Education to immigrants to and free of charge by telephone, mobile hire a coordinator collect unemploy- app, website or email. to administer the ment benefits Sen. Mike McDonnell The report line will be available to program, which when otherwise qualified. any public or nonpublic school that also may provide Sen. Tom Brandt

107TH LEGISLATURE • UNICAMERAL UPDATE • PAGE 7 May 18 - 27, 2021 students with hands-on learning ac- of the state’s social studies standards. eligible for the Community College tivities, such as farm visits, cooking Beginning Dec. 31, 2024, each school Gap Assistance Program and changes demonstrations and school gardening district is required to provide an an- eligibility requirements for the Access and composting programs. nual financial literacy status report to College Early Scholarship Program. The coordinator will partner with its school board. The bill also specifies that the public agencies and nonprofits on Senators passed LB452 on a 49-0 purchase of computer technology or a public engagement campaign and vote. equipment and internet access and build a communication network that related services are qualified higher links farmers and schools. Earlier transition services education expenses under the Ne- They also will encourage schools to for students with disabilities braska educational savings plan trust. develop and improve their nutrition approved Additionally, each school board plans using locally grown or processed must require that the telephone food and provide technical assistance Nebraska public schools will pro- number for a national or local suicide to school food services staff, farmers, vide transition services to each student prevention hotline or a crisis text line processors and distributors regarding with a developmental disability two be included on new student identifica- the demand for and availability of years sooner under a bill passed by tion cards beginning with the 2022-23 Nebraska food products. lawmakers May 19. school year. The bill passed on a 48-0 vote. Schools are required to provide a Public postsecondary institutions coordinated set of activities that help also will include one of those numbers Financial literacy requirements prepare qualified students for life after on new student ID cards beginning adopted high school — including postsecond- with the 2022-23 academic year. ary education, vocational training, During second-round debate May Lawmakers gave final approval May integrated employment, continuing 18, Walz introduced an amendment 20 to a bill intended to improve the and adult education, adult services, that extends the current allocation of personal finance skills of Nebraska independent living and community lottery funds to several education-re- students. participation. lated programs, including need-based LB452, introduced by Omaha Sen. Under LB527, college scholarships for Nebraska Terrell McKinney, requires each school sponsored by Fre- students, through fiscal year 2023-24. district to include mont Sen. Lynne The allocations had been set to expire financial literacy Walz, schools will at the end of this fiscal year. in its elementary provide transition Walz said she introduced the and middle school services to those amendment after LB529, which instructional pro- students begin- Sen. would have set new allocations for gram. The bill also ning when they turn 14 rather than 16. the next five years, stalled on select requires all stu- The bill passed on a vote of 48-0. file after a failed cloture motion. She dents to complete Sen. Terrell McKinney said the amendment was lawmakers’ at least one five-credit high school Education cleanup, extension last chance this session to ensure that course in personal finance or financial of lottery allocations passed lottery funds are available for scholar- literacy as a graduation requirement. ships and programs for the upcoming Under the bill, financial literacy in- Lawmakers approved a bill May 20 school year. cludes knowledge and skills regarding that makes several technical changes The amendment, adopted 43-0, budget and financial record keeping, to education law and extends cur- also requires any department or agency taxes, debt, savings, risk management, rent allocations of lottery funds to receiving a transfer of lottery funds — insurance, investment strategies and education-related programs. or administering a fund that receives a establishing, building, maintaining LB528, sponsored by Fremont Sen. transfer — to submit a report each year and monitoring credit. Lynne Walz, extends the sunset date to the state auditor of public accounts The State Board of Education will to school year 2020-21 for a grant pro- with information on how the money adopt measurable academic content gram meant to improve teacher effec- is used. The auditor will compile an- standards for financial literacy as part tiveness, expands the list of programs nual summaries of those reports and

PAGE 8 • UNICAMERAL UPDATE • 107TH LEGISLATURE May 18 - 27, 2021 submit them to the Legislature. evidence-based behavioral awareness classroom safety. He said the main LB528 also includes provisions of and intervention training beginning component of LB529 — the proposed LB3, introduced by Sen. with the 2023-24 school year. behavioral awareness and intervention of Albion. They Sen. of training — would be unnecessary unless require the state Omaha filed a motion to recommit lawmakers also authorized teachers to Department of Ed- the bill to the Education Committee. use emergency safety interventions. ucation to estab- She said she filed the motion, which Sen. John Arch of La Vista said lish and maintain failed on a vote of 0-40, to prevent the Murman’s proposal would provide a website where Legislature from considering a “poison clear guidance for teachers and allow the public may ac- pill” amendment introduced by Sen. them to restrain a student only when cess school finan- Sen. Tom Briese Dave Murman of Glenvil. the student’s actions threaten serious cial data at the statewide and district The amendment would authorize injury to another person. levels. The website will include total teachers, administrators and other Lincoln Sen. Matt Hansen said the receipts, receipts classified by source, school personnel to use an “emergency amendment would allow teachers who total expenditures, cost per pupil and safety intervention,” defined in part injure students to avoid administrative performance. as a “physical intervention intended or professional discipline as long as Also included are provisions of to hold a student immobile or limit their actions were not grossly negli- LB558, sponsored by Omaha Sen. a student’s movement,” in order to gent, which he called an “incredibly Tony Vargas, that protect the student or another person high standard.” require the state from physical injury. “That’s not a standard I can even commissioner of An emergency safety intervention come close to supporting,” he said. education to grant could be used only to protect people Additionally, Hansen said, certain a temporary teach- from harm or secure property if such groups that advocate for those with ing certificate to action would protect a student, school disabilities were not included in any applicant who personnel or other person from im- discussions that led to Murman’s pro- has completed a Sen. Tony Vargas minent serious physical injury. posal and they have concerns about its teacher education program at a stan- Teachers and other personnel provisions. dard institution of higher education would not be subject to professional Sen. Terrell McKinney of Omaha and has a certificate to teach in good or administrative discipline for harm said the amendment would give standing from another state. caused by an act or omission related “immunity” to teachers who injure LB528 passed on a vote of 48-0. to the use of an emergency safety students. McKinney said he was not intervention unless it was caused by included in the negotiations, even Education lottery fund proposal gross negligence. though school discipline dispropor- stalls The amendment also would re- tionately affects minority students. quire each school district to create “How could you have a compro- A bill that would allocate state and adopt a classroom removal policy mise without inviting those that are lottery funds to behavioral awareness describing when and how a teacher representing communities that are and intervention training stalled on could request that a school administra- most affected to the table?” he said. the second round of debate May 18 tor remove a disruptive student from a After four hours of select file de- after a failed cloture motion. classroom and when the student may bate, Walz filed a motion to invoke LB529, introduced by Fremont return to the classroom. cloture, which would end debate and Sen. Lynne Walz, would allocate Murman said the amendment was force a vote on the bill and any pend- lottery funds to more than a dozen the result of negotiations with school ing amendments. The motion failed education programs for fiscal years groups and advocates for those with on a vote of 28-11. Thirty-three votes 2021-22 through 2025-26. disabilities. He said it is intended were needed. Under one new program, school to protect all students and school A failed cloture motion results in districts would ensure that teachers, employees. debate on a proposal ceasing for the administrators, paraprofessionals, North Platte Sen. day. LB529 was not scheduled for school nurses and counselors receive said the amendment would ensure further debate this session.

107TH LEGISLATURE • UNICAMERAL UPDATE • PAGE 9 May 18 - 27, 2021

Classroom air filter study requires medication must have at least public postsecond- authorized one employee at each school build- ary institutions to ing who is trained to recognize and accept military and The state will install high-quality air respond to seizures and administer veteran students filters in certain classrooms to study the medications. who apply to enroll their effect on student test scores and Before a school employee may as undergraduates behavior under a bill passed May 20. administer seizure medication, a if they otherwise LB630, introduced by Lincoln student’s parent or guardian must pro- meet admissions Sen. Tony Vargas Sen. Eliot Bostar, vide a written authorization, a written requirements. requires the state statement from the student’s doctor A student who graduates from Department of and the medication in its unopened, a Nebraska high school on or after Education to de- sealed package with the intact label Jan. 1, 2022, signs enlistment papers velop and imple- affixed by the dispensing pharmacy. to serve in a uniformed service and ment a two-year A parent or guardian also must meets other requirements related to pilot program to collaborate with school employees to the length of their service is eligible. study the efficacy Sen. Eliot Bostar create a written, individualized health Nebraska high school graduates of commercial air filters to remove air plan to acknowledge and prepare for and individuals who graduate from pollution from classrooms and their the health care needs of a student di- high school in another state on or after impact on academic performance and agnosed with a seizure disorder. Each Jan. 1, 2002, and serve in a uniformed behavior. student’s seizure action plan must be service while assigned to a location in The pilot program will include distributed to any school personnel or Nebraska also qualify if they receive 50 schools, with six participating volunteers responsible for them. an honorable discharge. classrooms of students in Grades 3 A student must be allowed to LB669 passed on a vote of 38-0 and through 8 in each school. Half of the possess the supplies, equipment and takes effect immediately. classrooms will be assigned to the medication necessary to treat a seizure control group. disorder if specified in the student’s Participation is voluntary and no seizure action plan. more than 50 percent of participating LB639 also requires each certificat- schools will be from the same school ed school employee to review seizure district. The department will submit disorder materials at least once every the study results to the Legislature. two school years beginning in school Crisis hotline task force LB630 passed on a 44-2 vote. year 2022-23. approved Finally, the bill requires the State Seizure action plans for Board of Education to develop re- A task force will study the imple- students approved quirements for school employee mentation of a crisis hotline in Ne- training programs, procedures for braska under a bill passed May 19. Lawmakers passed a bill May 19 developing seizure action plans and LB247, sponsored by Lincoln Sen. that requires each public, private, the content of those plans. , establishes the denominational and parochial school Senators voted 44-3 to pass LB639. Mental Health in Nebraska to create individualized Crisis Hotline health plans for students with seizure Priority college admission for Task Force to disorders. service members passed create an imple- Under LB639, mentation plan introduced by Certain uniformed service mem- for the 988 cri- Omaha Sen. Jen bers will receive priority college admis- sis hotline es- Day, a school with sion under a bill passed by lawmakers tablished by the Sen. Patty Pansing Brooks an enrolled stu- May 19. federal government in 2020. dent who has a sei- LB669, introduced by Omaha The task force will identify a meth- zure disorder and Sen. Sen. Tony Vargas, requires Nebraska’s od to integrate local mental health

PAGE 10 • UNICAMERAL UPDATE • 107TH LEGISLATURE May 18 - 27, 2021 crisis hotlines to ensure everyone who resolution” to support the following: all Nebraskans should be avoided accesses such a hotline is connected • LR118, which would defend the in the state’s officially nonpartisan to a qualified mental or behavioral U. S. Capitol and the demo- Legislature. health professional regardless of the cratic election process; “Your voice as the Legislature is time, date or number of individuals • LR121, which would defend the the formal voice of us as the people,” simultaneously attempting to access right of Nebraskans to an “ur- Gibson said. a hotline. gent, robust and professional” The committee took no immediate The task force also will develop a response to the COVID-19 action on the proposals. plan for staffing a statewide mental pandemic; and health crisis hotline. • LR130, which would defend Voting members include the chair- the viability of the planet and persons of the Health and Human its natural resources from the Services, Judiciary and Transportation threat of climate change. and Telecommunications committees Hunt said the measurers were a and two at-large members of the Leg- response to the “deeply partisan and Omnibus liquor law bill passed islature appointed by the Executive factious” nature of LR107, sponsored Board. by North Platte Sen. Mike Groene, Lawmakers approved a number Representatives from the state De- which she said should not be “codi- of changes to Nebraska liquor laws partment of Health and Human Ser- fied” as representing the beliefs of all May 20. vices and the Public Service Commis- Nebraskans. LB274, introduced by Sen. John sion — along with advocacy, education, “I would like to present some alter- Lowe of Kearney, creates a new law enforcement and behavioral and natives,” Hunt said. promotional farm- mental health provider representatives Ken Winston testified in support ers market special — are nonvoting members. of all three resolutions, saying the designated license. The task force will issue a report Legislature should focus on creating Under the bill, to the Legislature by Dec. 17, 2021, policy that benefits all Nebraskans farm wineries, regarding implementation plans and despite their political differences. craft breweries and recommendations and will terminate “Please support facts, science and microdistilleries Dec. 31, 2022. working together,” he said. “Let’s that currently are Sen. John Lowe LB247 passed on a 46-0 vote and make America better than it’s ever licensed to manufacture alcoholic bev- takes effect immediately. been.” erages may apply for the SDL, which Jennifer Hicks, testifying in oppo- allows sales at any farmers market for Committee hears series of sition to LR118, said all the protests one year, subject to local approval. legislative resolutions that she attended in Lincoln after the Previously, such entities were re- 2020 election were peaceful. She said quired to apply for an SDL for each The Executive Board took testi- she knew individuals who also were at event at which they sold alcohol. mony May 19 on resolutions intro- the U.S. Capitol on Jan. 6, 2021, and LB274 also increases the maximum duced to counter a recent effort to that such gatherings were a “pursuit number of gallons that a Nebraska outline legislative positions on a list of the truth.” microdistillery may produce annually of perceived threats posed to the U.S. “I have grave concerns that our from 10,000 to 100,000. Constitution by the federal govern- election process was not a free and fair The bill includes provisions of ment. one,” Hicks said. LB578, introduced by Omaha Sen. Omaha Sen. Testifying in a neutral capacity, Ra- Tony Vargas, which authorizes ready- Megan Hunt in- chel Gibson said Nebraska residents to-drink cocktails as a new category of troduced three hold a wide variety of views and feel alcoholic beverage — defined as spirits resolutions that passionately about them. As a result, in an original container with up to would call upon she said, highly partisan resolutions 12.5 percent alcohol — and sets the state senators to from either side of the political excise tax at 95 cents a gallon. “express a firm Sen. Megan Hunt spectrum that purport to speak for Also included are provisions of

107TH LEGISLATURE • UNICAMERAL UPDATE • PAGE 11 May 18 - 27, 2021

LB72, sponsored by Sen. Gaming Commission; State Patrol to notify the holder of Lincoln, which • raises the legal age to wager on of a concealed carry permit four allow the holder of horse racing from 19 to 21; months prior to the permit’s a Class C, I or Y li- • establishes a process for allow- expiration; quor license to sell ing individuals to be excluded • LB173, introduced by Blair Sen. alcohol not in the voluntarily from wagering; and Ben Hansen, which exempts original package • classifies manipulation of a from con- — such as a mixed game of chance or gaming ma- cealed carry drink, cocktail or Sen. Suzanne Geist chine as a Class I misdemeanor. prohibitions wine slushy — for consumption off LB561 also prohibits betting on the transpor- premises. Nebraska college teams when they are tation of a The holder of a Class B, C, D, L, playing in state and requires that keno firearm in a Y or Z retail liquor license may sell played at racetrack casinos operate in vehicle for alcohol to an individual 21 or older accordance with the same state regula- lawful pur- Sen. Ben Hansen who is in a motor vehicle if the alcohol tions that govern existing keno parlors. poses or carrying a concealed is sold along with food. Alcohol must The bill passed on a 44-3 vote and weapon directly to or from a be placed in the vehicle’s trunk or in takes effect immediately. vehicle if the firearm is un- an area behind the last upright seat. loaded, stored in a case and kept Senators passed LB274 on a 45-0 separate from ammunition; vote. It takes effect immediately. • LB244, in- troduced by Casino regulation finalized Elmwood Sen. Rob- A bill that implements provisions ert Clem- of a constitutional gaming amendment Omnibus gun bill passed ents, which approved in 2020 passed May 20. allows a 30- Last November, Nebraska voters A bill that updates several con- day grace Sen. Robert Clements legalized all forms of games of chance cealed carry provisions and the state’s period to renew a concealed at licensed horse racetracks through Uniform Controlled Substances Act carry permit; and an initiative peti- passed May 21. • LB301, also introduced by Han- tion drive. LB561, LB236, as introduced by Sen. Tom sen, which removes CBD con- introduced by Sen. Brewer of Gordon, tained in a product approved Tom Briese of Al- would have allowed by the FDA from the definition bion, provides the counties to autho- of hashish or concentrated can- regulatory frame- rize residents to nabis and updates Nebraska work necessary to carry a concealed drug schedules and penalties to implement that Sen. Tom Briese weapon without a conform to federal law. constitutional amendment. state-issued permit. Senators passed LB236 on a 45-0 Among other provisions, the bill: Those provisions Sen. Tom Brewer vote. • allows wagering on sporting were removed from the bill and re- events at racetracks in the state; placed by provisions of four other bills: Service member grave marker • prohibits wagering on high • LB85, in- eligibility expanded school youth sports; troduced • establishes a system for filing by Brainard More Nebraska service members complaints; Sen. Bruce are eligible to receive a military grave • prohibits the use of credit cards Bostelman, marker under a bill passed May 19. to place bets; which re- Under LB261, introduced by • renames the State Racing Com- quires the Elkhorn Sen. , a mission to the State Racing and Nebraska Sen. Nebraska National Guard member

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who served on or will return to the previous level. posed the motion. He agreed with after July 1, 1973, SNAP benefits are funded entirely the governor that businesses in his or served in active by the federal government and all district are struggling to find workers duty federal ser- administrative costs associated with because benefit programs like SNAP vice is eligible. The LB108 will be covered through the are too generous. bill also removes a federal American Rescue Plan Act. “When government assistance requirement that Lawmakers passed the bill on a and government programs are the a member of the Sen. Lou Ann Linehan 33-11 vote May 20 and it took effect company that you compete with, and armed forces have served during immediately. you’re a private business, you lose,” wartime to receive a marker. Markers Gov. Pete Ricketts expressed con- Erdman said. will be available to all members of the cern in his veto letter that the Legis- Also in opposition was North armed forces who served in active duty lature would continue the expanded Platte Sen. Mike Groene, who said or the U.S. reserve forces. eligibility after the scheduled expira- the pandemic-fueled economic crisis Senators passed LB261 on a 41-0 tion date, and that the bill would deter has ended and so should expanded vote. Nebraskans from returning to work as benefit programs. the state recovers from the pandemic. Senators voted 30-19 to override “We should remove any incentives the veto. Thirty votes were required. that would slow reopening, regrowth, re-employment and reconnecting,” Veto of home energy assistance he said. expansion overridden McCollister filed a motion to over- ride the veto. He said SNAP recipients Lawmakers successfully overrode are required to be employed or in a veto May 26 of a bill expanding a Lawmakers override veto; school unless they are disabled or car- program that assists low-income home- SNAP eligibility expanded ing for a child under the age of six or owners in Nebraska. an elderly relative. LB306, introduced by Sen. Tom Senators voted May 26 to override “SNAP benefits are efficient, ef- Brandt of Plym- a veto of a bill expanding eligibility for fective and beneficial to all of our outh, increases the federal Supplemental Nutrition local economies,” McCollister said. the eligibility Assistance Program, formerly known “There’s no direct link between SNAP threshold for the as food stamps. enrollment and the Nebraska unem- low-income home Nebraska families making up to ployment rate.” energy assistance 165 percent of the federal poverty Gering Sen. support- program from 130 level are eligible for SNAP benefits ed the override motion, saying the bill percent of the fed- Sen. Tom Brandt under LB108, introduced by Sen. would benefit the working poor and eral poverty level to 150 percent. The John McCollister have “zero” fiscal impact on the state. bill also requires the state Department of Omaha. Previ- Also in favor of the override was of Health and Human Services to al- ously, a family was Lincoln Sen. , who said locate at least 10 percent of program eligible for the pro- 75 percent of SNAP recipients have a funds to weatherization assistance. gram with a gross job, and that he benefitted from SNAP Senators passed the bill on a 38-6 income of 130 per- as a child. vote May 20. cent or less of FPL “I’m really glad that those benefits In a veto statement, Gov. Pete and an adjusted Sen. John McCollister were there for my family because it Ricketts said LB306, which is funded net income — after deducting expenses allowed me to be able to go to school with federal dollars through Sept. 30, such as housing and child care — of and think about school — and arith- 2022, creates a permanent benefit 100 percent of FPL or less. metic, and science and social studies with temporary funding. Expanded SNAP eligibility under — instead of thinking of where my next “When those one-time federal dol- the bill will terminate Sept. 30, 2023, meal was going to be,” he said. lars run out, the most in need will be when the gross income eligibility limit Sen. of Bayard op- disadvantaged by receiving a smaller

107TH LEGISLATURE • UNICAMERAL UPDATE • PAGE 13 May 18 - 27, 2021 share of the regular LIHEAP program disregarding parental income; Kearney Sen. John Lowe also op- funds,” Ricketts said. • be administered by the state posed the bill, saying its general fund Brandt said the bill makes the Division of Developmental Dis- impact — estimated at $3.8 million in program more efficient. Currently, abilities of DHHS; and fiscal year 2021-22 and $7.7 million in he said, LIHEAP is funded through a • allow families to self-direct FY2022-23 — was too high. He also ex- federal block grant and funds left over services. pressed skepticism that the new waiver at the end of the year must be returned The family support program would program would end in three years. to the federal government. To avoid be set at an intermediate care facility “Once we start something, we this, DHHS allocates supplemental institutional level of care. The bill also never get rid of it,” Lowe said. payments to homeowners, he said. would require DHHS to collaborate After four hours of discussion, “LB306 will make the program with private nonprofits, if private Cavanaugh filed a motion to invoke more efficient by eliminating the funding is available, to complete an in- cloture. The motion, which needed supplemental payments away from dependent evaluation of the program. 33 votes to end debate, failed 30-11. those customers who do not need Cavanaugh said that waiving the A failed cloture motion results in de- them and reallocating the funds to income eligibility requirement would bate on a proposal ceasing for the day. more people who actually need as- expand program access to several hun- LB376 was not placed on the agenda sistance,” Brandt said. dred Nebraska children who otherwise again this session. Lawmakers overrode the veto on a qualify for developmental disability 32-15 vote. Thirty votes were needed. services but currently do not receive YRTC changes approved them. Developmental disability “These services are very expensive,” A bill establishing educational waiver proposal stalls she said. “That’s why waiving this in- standards at youth rehabilitation and come eligibility is so critical to these treatment centers in Nebraska passed A bill intended to supplement 403 [kids]. They’re going to get the May 20. existing services for children with de- full array of medical services that they LB428, introduced by the Health velopmental disabilities in Nebraska need to thrive as adults.” and Human Services Committee, did not advance from select file May La Vista Sen. John Arch supported requires that YRTC residents receive 18 after a motion to end debate and the bill, calling it a way to address the educational opportunities equivalent force a vote on the proposal failed. needs of nearly 3,000 Nebraskans who to those offered to students at Ne- LB376, as introduced by Omaha currently are awaiting developmental braska public schools. Under the bill, Sen. Machaela Cavanaugh and amend- disability services. By expanding the each YRTC must maintain accredita- ed on general program to more children for three tion by the state Board of Education file, would re- years, the state could determine wheth- and provide age-appropriate and devel- quire the state er early intervention could prevent opmentally appropriate educational Department of institutional care later in life, he said. programs. Health and Hu- “This was an attempt to strategi- The measure includes provisions man Services cally address this wait list, not to sim- of four other bills, all introduced by to apply for a ply put more dollars to it,” Arch said. the committee: three-year Med- Sen. Machaela Cavanaugh Sen. of Peru opposed • LB425, which requires the icaid waiver to start a family support the bill. She said LB376 would only state Department of Health program for developmental disability temporarily address the current wait and Human Services to hire a services. The program would: list and possibly could create a second consultant to perform a needs • have an annual budget for wait list. assessment and cost analysis long-term services and supports “Once [an individual reaches] for an inpatient adolescent capped at $10,000 per person; adulthood, the individual would psychiatric unit at the Lincoln • cap participation at 850 indi- likely need to go back onto the larger Regional Center. The assess- viduals or families; developmental disabilities wait list so ment must be submitted to the • offer Medicaid eligibility for we’ll see a doubling back … this would committee by Dec. 1, 2021; children with disabilities by create a services cliff,” Slama said. • LB427, which prohibits DHHS

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from delaying inpatient or sub- A noncertified conditional officer acute substance abuse or behav- may, only with direct supervision ioral health residential treatment and guidance from a training officer, for youth under the jurisdiction ride in a marked police cruiser, make of a juvenile court when such arrests, interview suspects, victims or Law enforcement standards treatment has been determined witnesses or carry out other law en- increased necessary after the youth’s com- forcement functions. The bill places a mitment to the state Office of Lawmakers passed a bill May 20 16-week restriction on a noncertified Juvenile Services or has been that increases certification and training conditional officer’s service. ordered by a juvenile court; standards for Nebraska law enforce- The Nebraska Commission on Law • LB429, which requires DHHS ment officers. Enforcement and Criminal Justice will to notify the Legislature quar- Under LB51, sponsored by Omaha prioritize smaller law enforcement terly of substantial changes it Sen. , the current 20 agencies when awarding grants to intends to make to facilities and hours of annual offset the costs of accreditation and programs; and continuing educa- training. • LB570, which requires that the tion required of all LB51 also contains provisions Legislature complete an evalua- officers increases to of LB601, origi- tion of the state’s privatization 28 hours in 2022, nally sponsored of child welfare case manage- and 32 hours in by Omaha Sen. ment in the eastern service area 2023 and subse- Terrell McKinney. by Dec. 31, 2021, and approve quent years. Sen. Steve Lathrop Those provi- hiring a consultant to assist in The bill requires a psychological sions require the the evaluation. evaluation of any applicant who has Nebraska Com- Senators passed LB428 on a 49-0 not worked previously in law enforce- mission on Law Sen. Terrell McKinney vote. ment to determine fitness for duty. Enforcement and Criminal Justice to Applicants seeking entry-level law post information on its public website Child care assistance enforcement certification will be re- regarding law enforcement officers temporarily expanded quired to complete de-escalation train- who have voluntarily surrendered ing related to mental health behaviors, their certification or had it revoked, More Nebraskans are eligible for substance abuse, anti-bias, implicit been convicted of or pleaded guilty subsidized child care assistance under bias and crisis communication. or no contest to a felony or Class I a bill passed May 19. An applicant seeking certification misdemeanor or been found to have LB485, introduced by Bennington as a law enforcement officer will be re- engaged in serious misconduct. Sen. Wendy DeBoer, increases the in- quired to testify under oath that their LB51 also prohibits a police officer come eligibility limit of the Child Care certification has never been revoked from intentionally using a chokehold Subsidy program or suspended in another jurisdiction on a person, except when deadly force from 130 percent of and they have not been separated is authorized. the federal poverty from employment or disciplined for Similarly, an officer is prohibited level to 185 percent. serious misconduct or a violation of from using a carotid restraint control The bill also in- their oath of office, code of ethics or hold — a method of rendering a person creases transitional statutory duties. unconscious by restricting blood flow child care income LB51 also authorizes the appoint- by compressing the carotid arteries in eligibility from 185 Sen. Wendy DeBoer ment of noncertified conditional offi- the neck — on any person unless the percent of FPL to 200 percent. cers, pending acceptance into a formal officer believes the individual would Expanded eligibility will end Sept. law enforcement training program. cause death or bodily injury to others or 30, 2023, and the bill’s cost will be These officers will discharge their du- deadly force is authorized and the offi- paid through existing federal block ties under the direct supervision of a cer is trained in the restraint technique. grant funds. field training officer and be restricted Finally, the bill requires the com- Lawmakers passed LB485 31-6. from carrying a firearm. mission to develop accreditation stan-

107TH LEGISLATURE • UNICAMERAL UPDATE • PAGE 15 May 18 - 27, 2021

dards for law enforcement agencies. able resources required to deliver the Emergency YRTC placements Beginning Jan. 1, 2023, the commis- generally accepted standard of care. approved sion will publish a list of unaccredited The bill passed on a 41-1 vote. agencies annually. An unaccredited Juveniles housed in the state’s law enforcement agency will be ineli- Pretrial DUI sobriety program youth rehabilitation and treatment gible to receive loans, grant funds or approved centers can be moved more quickly donations from the commission until during an emergency situation under it achieves accreditation. Individuals awaiting trial for driv- a bill passed May 19. LB51 passed on a 41-1 vote. ing under the influence of alcohol and LB273, sponsored by Kearney Sen. other drugs may enroll in an alterna- John Lowe, allows COVID-19 liability protections tive diversion program under a bill the state Depart- adopted passed by lawmakers May 19. ment of Health LB271, sponsored by Lincoln Sen. and Human Ser- Senators approved a proposal May Adam Morfeld, vices to file an im- 20 intended to prohibit frivolous authorizes county- mediate change of coronavirus-related lawsuits. level 24/7 sobriety placement motion LB139, sponsored by Albion Sen. programs created to transfer a juve- Sen. John Lowe Tom Briese, pro- by the sheriff or a nile to a different facility. A hearing vides “safe harbor” designated entity. on the motion must be held within from potential law- Under the bill, 24 hours and can be conducted by suits alleging that a a person awaiting Sen. Adam Morfeld telephone or videoconference. protected individu- trial for driving under the influence An immediate change of placement al or organization can join a voluntary 24/7 sobriety may be filed in cases when a juvenile — including health program as a condition of bail and requires additional specialized care to care providers, first Sen. Tom Briese submit to twice-daily sobriety testing address substance use or behavioral responders, schools, restaurants, or use of a continuous alcohol moni- health needs. A qualifying emergency businesses, churches and senior care toring device. Participants must agree also can include a public health emer- facilities — negligently exposed an not to consume alcohol or any drug gency, natural disaster or damage that individual to COVID-19 infection. not prescribed by a physician while renders a YRTC uninhabitable. The bill prevents civil action as enrolled in the program. The court will order a temporary long as the protected individual or LB271 also authorizes a special emergency change of placement if organization was acting in compliance motor vehicle operating permit for it determines that the change is ap- with federal public health guidelines in individuals enrolled in a 24/7 sobri- propriate and in the best interests of place at the time of an alleged exposure. ety program. The permit is subject the juvenile. The court must notify a LB139 includes provisions of LB53, to court approval, a $45 issuance fee juvenile’s parent or guardian of the originally spon- and at least 30 consecutive days in the motion to transfer, including notice sored by Omaha program without sanction. that the hearing will be held within Sen. Steve Lathrop, An individual will be ineligible 24 hours. that implement a for a permit if they are subject to an Additionally, the department is re- health care crisis unrelated suspension, cancellation or quired to provide all parties of record protocol developed revocation of their license or are under with the evidence and witnesses to be by the Nebraska a required no-driving period. presented during an emergency hear- Medical Emergen- Sen. Steve Lathrop An individual with a 24/7 sobriety ing. The juvenile will have an opportu- cy Operations Center. permit found to be driving under the nity to consult with legal counsel and The protocol establishes criteria for influence or who refuses a chemical review the motion and all evidence the triage and application of medical test is guilty of a Class III misdemean- before the hearing. services and resources under extraor- or, punishable by up to three months LB273 passed on a 40-0 vote. dinary circumstances when the level of imprisonment, a $500 fine or both. demand for services exceeds the avail- The bill passed on a 36-11 vote.

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Juvenile court standards that increases state park entry fees for structure that maintains the integrity expanded nonresidents. of its main channel. Introduced by Venango Sen. Dan The committee may hold hearings Lawmakers passed a bill May 19 Hughes, LB336 sets the annual permit and request reports from federal, state, that ensures legal consultation for ju- fee for a nonresi- county, city and village agencies and veniles facing serious criminal charges. dent motor vehicle natural resources districts on matters Under LB307, sponsored by Lin- at twice the fee for pertaining to the studies. It also may coln Sen. Patty Pansing Brooks, if a resident motor ve- hold closed sessions to receive confi- a juvenile who hicle or $60, which- dential information with a majority is charged with ever is greater. vote of committee members. a felony waives It sets the fee With the Executive Board’s ap- the right to le- for a temporary Sen. Dan Hughes proval — and after a competitive bid- gal counsel, the permit for a nonresident motor vehicle ding process — the committee may court is required at twice the fee for a resident motor enter into contracts for consulting, to show affirma- vehicle or $12, whichever is greater. engineering and development studies. Sen. Patty Pansing Brooks tively that the LB336 passed on a vote of 49-0. The committee will complete each juvenile will not be removed from their study no later than Dec. 31, 2022, and home or detained outside of the home: Special committee on flood will terminate on that date. • between adjudication and dis- control, water resources LB406 passed on a vote of 46-1. position of the case; created • during any probationary period; Legal framework for carbon or A special legislative committee will dioxide sequestration created • in response to an alleged proba- study potential flood control projects tion violation. and related economic development Lawmakers passed a bill May 19 The Nebraska State Supreme Court opportunities in three areas of the that creates a legal and regulatory will develop a process to ensure that a state under a bill passed by lawmakers framework for the geologic storage of juvenile is provided with an opportu- May 20. carbon dioxide in Nebraska. nity to consult counsel in making the LB406, sponsored by Omaha Sen. Under LB650, sponsored by Nor- initial decision to waive counsel. An Mike McDonnell, folk Sen. Michael Flood, the Nebraska initial consultation with counsel is not creates a special Oil and Gas Con- required if the juvenile and their fam- committee, con- servation Commis- ily already have conferred with private sisting of at least sion will regulate counsel before the hearing. seven members of facilities that in- The bill includes provisions of the Legislature, ject carbon dioxide LB354, originally sponsored by Oma- that will study the through wells into ha Sen. Steve Lathrop, which require a need to protect Sen. Mike McDonnell underground geo- judge to consider a motion to transfer public and private property, enhance logic formations Sen. Michael Flood a criminal case to juvenile court within economic development and promote for permanent or short-term storage. 30 days. private investment along the Platte LB650 allows geologic storage only LB307 passed on a 29-6 vote. River and its tributaries from Colum- if a storage operator obtains a permit bus to Plattsmouth. from both the commission and the The committee will conduct simi- Environmental Protection Agency’s lar studies on the Lake McConaughy Underground Injection Control pro- region and the region in Knox County gram. Before the commission issues a that includes Lewis and Clark Lake permit, it must hold a public hearing Nonresident park entry fees and Niobrara State Park. and consult with the state Department increased The Platte River study cannot of Environment and Energy and the include a study of any dam on the federal permitting authority. Lawmakers approved a bill May 20 river’s channel but may include infra- The commission must find that

107TH LEGISLATURE • UNICAMERAL UPDATE • PAGE 17 May 18 - 27, 2021 the proposed storage facility would must finalize a transfer of management an incremental step toward OPS asking not endanger surface waters or un- agreement by Dec. 31, 2021. the state to assume liability for the plan. derground drinking water sources and The bill specifies that the school “Eventually, this will become the that the storage operator will establish district remains liable for the retire- state’s responsibility,” Groene said. a testing and monitoring plan to assess ment system’s funding obligations The measure includes components the location and migration of injected and OPS will cover all costs for the of three additional bills related to the carbon dioxide. management transfer. transfer, all sponsored by Kolterman. LB650 requires storage operators LB147 passed May 20 on a 38-3 vote. Provisions of LB145 require com- to pay the commission two fees on In his veto message, Gov. Pete pletion of a compliance audit by Nov. each ton of carbon dioxide injected Ricketts called the measure a “slippery 15, 2021, and the first annual audit for storage, one to defray administra- slope” toward the state eventually as- by the state auditor by July 1, 2022. tive expenses and another to defray suming responsibility for the troubled Provisions of LB582 terminate expenses incurred in the long-term retirement plan’s nearly $1 billion the board of trustees’ authority to monitoring and management of a unfunded liability. He characterized administer the plan on July 1, 2021. closed storage facility. LB147 as the “pivotal step” in a series On that date, new members of the The bill passed on a vote of 48-1. of moves by OPS designed to shift the board of trustees, appointed by the plan’s financial burden to the state. board of education, will begin serving “State management erodes the their terms. This board of trustees will distinction between the state’s existing facilitate the transfer of management school retirement plan and the OPS to the PERB on Sept. 1, 2024. pension plan,” Ricketts said. “With- Finally, provisions of LB146 clarify out clear distinctions, future legisla- membership eligibility in the Omaha tors will likely assume responsibility school plan and define termination Legislature overrides veto; over both plans, which has always been of employment to ensure that bona state will manage OPS OPS’s intention.” fide separation of service has occurred. retirement plan Kolterman offered a motion to The definition of termination of override the veto, which he called a employment codifies current district Lawmakers voted May 26 to over- “disappointment.” He noted that the guidelines regarding re-employment ride the governor’s veto of a bill that bill contains an explicit provision that during the 180-day period that allows authorizes a state takeover of manage- OPS remains “at all times and in all voluntary unpaid bona fide service ment duties for the Omaha school circumstances solely liable” for all the without limitation. retirement plan. plan’s funding obligations. Temporary service is allowed after a LB147, sponsored by Seward Sen. He said he “can’t imagine a scenar- 30-day waiting period following termi- , io” in which lawmakers ever will vote nation if it is to accomplish a specific transfers duties to take on the OPS plan’s unfunded purpose or task, not to exceed one and responsibili- liability. year. Substitute service is allowed on ties for manage- “I don’t see that happening,” Kolt- an intermittent basis, defined as no ment of the OPS erman said. “There’s nothing in this more than eight service days during a plan from the bill that results in a cost to the State calendar month. Omaha School of Nebraska.” Lawmakers voted 31-18 to override Employees Retire- Sen. Mark Kolterman Omaha Sen. Justin Wayne sup- the governor’s veto. Thirty votes were ment System board of trustees to the ported the motion, saying LB147 required. Public Employees Retirement Board, will allow teachers at OPS to return which manages the rest of the state’s to focusing on students rather than plans through the Nebraska Public managing their retirement plan. Employees Retirement Systems. “Does it make sense for educators The transfer will take effect Sept. 1, to be pension fund managers?” he said. 2024. The school district, board of edu- North Platte Sen. Mike Groene op- cation, board of trustees and the PERB posed the motion. He said the bill is

PAGE 18 • UNICAMERAL UPDATE • 107TH LEGISLATURE May 18 - 27, 2021

As far as possible, boundaries also and introduced a floor amendment must define districts that are easily that would have required new district identifiable and understandable to boundaries to preserve the core of pri- voters and preserve communities of or districts, as in the original proposal. interest. Redistricting guidelines adopted Morfeld said the requirement was Elkhorn Sen. Lou Ann Linehan, included in guidelines for the past two Lawmakers approved criteria May the committee’s chairperson, said the redistricting processes and is intended 26 that will guide the Legislature in latter guideline is a provision not in- to prevent gerrymandering. Preserving the 2021 redistricting process. cluded in resolutions that guided the the core of a prior district is a more The U.S. and state constitutions Legislature in previous redistricting objective standard than preserving a require the Legislature to redraw vari- processes. She defined communities community of interest, he said. ous governmental district boundaries of interest as geographic areas such “There will need to be some chang- every 10 years in response to popula- as a neighborhood, school district or es that are made — some changes that tion changes reflected in the U.S. region whose residents have a com- people don’t like — because of popula- Census. Senators are expected to mon interest. tion shifts,” Morfeld said. “But I think complete the redistricting process in a As introduced, LR134 also would it is important to maintain the core of special session in early fall after census have required that district boundaries our current districts.” data becomes available. preserve the core of prior districts. Sen. of Bellevue also The Legislature will create new Under a Redistricting Committee opposed the committee amendment. district boundaries for Nebraska’s amendment, adopted 30-16, district She said the requirement to preserve three U.S. House of Representatives boundaries instead will allow for the the core of prior districts is designed districts, 49 legislative districts and preservation of those areas. to respect the will of voters who chose those of the Nebraska Supreme Court, Linehan said preserving the core an incumbent to represent a particular Public Service Commission, State of prior districts should not take district in a recent election. Board of Education and University of precedence over other redistricting Blood said many states have added Nebraska Board of Regents. principles, especially those that en- guidelines related to communities of LR134, introduced by the Re- sure district boundaries are compact, interest — which she said are not well districting Committee, sets criteria contiguous and preserve communities defined — to their redistricting guide- intended to ensure that redistricting of interest. lines in order to circumvent prohibi- plans are constitutionally acceptable. “I don’t think any of us want to not tions against racial gerrymandering. Under the guidelines, lawmakers preserve the cores … but just common Also in opposition was Omaha will use 2020 U.S. Census population sense tells me it’s more important Sen. Steve Lathrop. He said allowing data and census geography to establish to keep communities of interest to- the committee to preserve the core of district boundaries. Boundaries will gether,” she said. prior districts rather than requiring follow county lines wherever prac- Sen. Tom Briese of Albion sup- them to do so would make the guide- ticable and define districts that are ported the amendment. He said line “completely meaningless.” compact and contiguous. census data likely will show a popula- The change could allow lawmakers District boundaries cannot be tion shift from west to east, meaning to “scramble” legislative districts in established with the intention of favor- lawmakers will have to eliminate a leg- urban areas by lumping Omaha and ing a political party or any other group islative district in western Nebraska or Lincoln into single communities of or person, and lawmakers cannot expand the geographic area of certain interest, Lathrop said. consider the political affiliations of western districts to ensure equality of Morfeld’s amendment failed on a registered voters, demographic infor- representation in the Legislature. vote of 16-28. mation other than population figures “Either way, it may be extremely Under LR134, lawmakers will draw or the results of previous elections. difficult to adhere to the preservation congressional districts with popula- The criteria also prohibit district of the core standard and do our job tions as close to equal as practicable, boundaries that would result in the right,” Briese said. with an overall range of deviation at unlawful dilution of any minority Lincoln Sen. Adam Morfeld op- or approaching zero percent. No plan population’s voting strength. posed the committee amendment may be considered that results in an

107TH LEGISLATURE • UNICAMERAL UPDATE • PAGE 19 May 18 - 27, 2021 overall range of deviation of more than Under LB2, introduced by Albion qualifying job be employed in the state 1 percent or a relative deviation of Sen. Tom Briese, such land would be and be subject to Nebraska income tax more than 0.5 percent from the ideal valued at 50 per- on compensation received. population. cent of its actual LB18 also changes the definition For the remaining districts, the Leg- value for purposes of two qualifying business activities islature may not consider a plan that of school district under the ImagiNE Act to clarify results in an overall range of deviation taxes levied to pay terms and conform with a recent U.S. of more than 10 percent or a relative the principal and Supreme Court decision. deviation of more than 5 percent from interest on bonds Lawmakers voted 34-10 to pass the ideal population. approved by a vote Sen. Tom Briese the bill. Morfeld introduced another amend- of the people on or after the act’s ment that would have reduced the operative date. Residential water tax eliminated maximum overall range of deviation Omaha Sen. Machaela Cavanaugh for those districts to 8 percent. He said opposed LB2. Under Briese’s propos- Residential water service in Ne- the change would result in districts that al, she said, residential and commer- braska will no longer be taxed under more closely reflect the one-person, cial property owners would pay more a bill passed May 20. one-vote rule established by the U.S. in taxes to retire school bond debt. LB26, introduced by Sen. Justin Supreme Court in the 1960s. Cavanaugh filed a motion to Wayne of Omaha, Briese opposed the amendment, bracket the bill until June 6, which exempts the gross saying it would tie the Legislature’s failed on a vote of 2-39. receipts received hands. He said the Supreme Court After four hours of debate on from the sale, lease gives states “considerable deference” final reading, Briese filed a motion to or rental of and in establishing legislative district invoke cloture, which ceases debate storage, use or con- boundaries and has allowed maximum and forces a vote on the bill and any sumption of residen- deviations in excess of 10 percent if pending amendments. It succeeded tial water services. Sen. Justin Wayne those plans meet a legitimate state on a vote of 40-1. Thirty-three votes Lawmakers passed the bill on a goal, such as keeping districts compact were needed. vote of 41-2. and contiguous. Senators then voted 36-6 to pass The amendment failed on a vote LB2. Sales tax turnback for sports of 15-28. complexes approved Senators voted 31-16 to adopt Tax incentive program updated LR134. The state will turn back new sales Lawmakers passed a bill May 20 tax revenue to cities to help them build that updates the provisions of a major sports complexes under a bill approved tax incentive program passed in 2020. by lawmakers May 20. LB18, sponsored by Seward Sen. Under LB39, introduced by Oma- Mark Kolterman, ha Sen. , a political makes three chang- subdivision alone Ag land valuation reduced for es to the ImagiNE or working with a purposes of school bonding Act, a business tax nonprofit organi- incentive program zation can apply Lawmakers approved a bill May 19 that replaced the for state assistance intended to shift the cost of school Nebraska Advan- to build sports bonds away from owners of farm and tage Act. Sen. Mark Kolterman complexes — facili- ranch land. Currently, the act requires that all ties that are used Sen. Brett Lindstrom Agricultural and horticultural land qualifying new full-time jobs be filled primarily for competitive sports and is valued at 75 percent of its actual by individuals who reside in Nebraska. contain a certain number of sports value for purposes of property taxation The bill removes this provision and venues such as outdoor arenas or base- under current law. instead requires that an individual in a ball, softball or multipurpose fields.

PAGE 20 • UNICAMERAL UPDATE • 107TH LEGISLATURE May 18 - 27, 2021

The turnback applies to state sales State funding for rail access LB64, sponsored by Omaha Sen. tax collected by new businesses lo- projects authorized Brett Lindstrom, sets the exemption cated within 600 yards of the exterior on such income, to the extent that it boundary of a sports complex for the The state will provide matching is included in federal adjusted gross period of time beginning on the date funds for the development of indus- income, at 5 percent in tax year 2021. the project commenced and ending trial rail access business parks under a The exemption will increase to 20 per- four years after its completion date. bill passed by lawmakers May 19. cent in 2022 and then rise 10 percent Under the bill, 30 percent of state Under LB40, introduced by North per year until reaching 50 percent in sales tax revenue related to an eligible Platte Sen. Mike Groene, a nonprofit tax year 2025. sports arena facility will be transferred economic devel- The bill states legislative intent to to the Civic and Community Center opment corpora- continue incremental reduction of the Financing Fund. The fund is used to tion may apply to tax — reaching 100 percent exemption provide grants to municipalities other the director of the in tax year 2030 — but passage of new than Omaha and Lincoln to build or state Department legislation will be required to complete improve community facilities such as of Economic De- the process. libraries and recreation centers. velopment for up LB64 is estimated to reduce general If the sales tax revenue relates to to $30 million in Sen. Mike Groene fund revenue by $15 million in fiscal a sports complex, 83 percent will matching funds to cover a project’s year 2021-22 and $73.8 million in be transferred to the Support the development costs. The director could FY2025-26. Arts Cash Fund. The Nebraska Arts approve up to $50 million in matching Lawmakers voted 41-0 to pass Council uses the fund to aid cities that funds under the act. LB64. designate an area of the community Matching funds could be used for for arts and cultural development and site acquisition and preparation, utility Tax incentives extended to to provide grants to creative districts. extensions and rail spur construction nuclear energy firms The council will use the turnback for the development of a new industrial revenue to fund a competitive grant rail access business park, including Companies that build nuclear program for first class cities that have expenses incurred to help an initial power plants in Nebraska will be creative districts within their boundar- tenant in the manufacturing, process- eligible for tax incentives under a bill ies and a 10-year plan to bring about ing, distribution or transloading trades. passed by lawmakers May 20. economic and workforce development Qualifying projects must be located Under LB84, sponsored by Sen. initiatives. in a county with a population of fewer Bruce Bostelman Grants must be at least $1.5 million than 100,000 inhabitants. of Brainard, a re- and can be used to fund capital assets, Upon legislative appropriation of newable energy video projection mapping and certain funds, the state will provide $2 of firm that uses video or audio presentations. matching funds for each dollar in- nuclear energy to The remaining 17 percent of the vested up to $2.5 million. For a larger produce electric- revenue related to sports complexes investment, the state will provide $5 ity will qualify for will be transferred to the Convention in matching funds for each dollar incentives under Sen. Bruce Bostelman Center Support Fund and distributed invested. the ImagiNE Nebraska Act. to areas in metropolitan class cities Senators voted 49-0 to pass LB40. The bill passed on a vote of 47-0. with a high concentration of poverty to showcase important historical as- Social Security income tax Microenterprise tax credit pects of those areas or to help reduce partial phaseout approved changes approved street and gang violence. Senators voted 45-0 to pass LB39. Lawmakers passed a bill May 20 Senators passed a bill May 20 in- to reduce taxation of Social Security tended to modernize the state’s small income in Nebraska over several years business tax credit. with the intention of eliminating it Under the Nebraska Advantage Mi- entirely. croenterprise Tax Credit Act, a business

107TH LEGISLATURE • UNICAMERAL UPDATE • PAGE 21 May 18 - 27, 2021 with five or fewer full-time employees 100 percent of their military retire- 2025, and to 6.84 percent for tax years can apply to receive a refundable tax ment benefit income to the extent it beginning on or after that date. credit designed to help decrease the is included in federal adjusted gross The corporate income tax rate on cost of startup and expansion. income, beginning in tax year 2022. the first $100,000 of income remains The program, which offers a tax The bill also includes provisions of at 5.58 percent. credit to approved microbusiness LB6, introduced by Sen. Carol Blood LB432 also includes provisions taxpayers for new investment or em- of Bellevue, which of LB597, introduced by Sen. Joni ployment equal to 20 percent of the allow a military Albrecht of Thur- investment amount — up to a maxi- retiree to provide ston. They create mum of $10,000 — had been set to a form 1099 from a $2,000 refund- expire in 2022. Total credits approved either the U.S. De- able state income under the program are limited to $2 partment of De- tax credit for the million annually. fense or the Of- parent of a still- LB366, introduced by Albion fice of Personnel Sen. Carol Blood born child if a fetal Sen. Tom Briese, Management to claim the exemption. death certificate is Sen. extends the pro- Senators voted 47-0 to pass LB387. filed and if the child had advanced to gram expiration at least the 20th week of gestation and date through 2032. Phased-in corporate tax cut, would have been a dependent of the It also raises the other tax measures approved individual claiming the credit. maximum lifetime Also included in the bill are provi- tax credits claimed Lawmakers approved a bill May sions of LB299, introduced by Omaha by any individual Sen. Tom Briese 21 that cuts Nebraska’s top corporate Sen. Mike McDonnell, that allow from $10,000 to $20,000. income tax rate by approximately any rural or subur- Finally, the bill strengthens report- one-half of 1 percent over the next ban fire protection ing requirements and allows certain two years. district, airport family members of a person who has LB432, intro- authority, city, vil- received the maximum credit also to duced by the Rev- lage or nonprofit participate in the program — as long enue Committee corporation to pro- as ownership is not shared and the as a placeholder vide and maintain businesses are completely separate. bill, contains enhanced cancer Sen. Mike McDonnell The changes made by LB366 apply amended provi- benefits for paid and volunteer fire- only to applications made after the sions of LB680, fighters, the combined total of which bill’s operative date. introduced by Elk- Sen. Lou Ann Linehan cannot exceed $50,000 in the fire- The bill passed on a vote of 44-1. horn Sen. Lou Ann Linehan, and fighter’s lifetime. provisions of several other bills heard Under the provisions of LB564, Military retirement pay excluded by the committee this session. also introduced by McDonnell, Ne- from state income tax Linehan’s proposal reduces the braska Education Savings Plan trust state’s top corporate income tax rate, accounts may be used to pay for the Nebraskans may exclude all of their which applies to income in excess of cost of certain apprenticeship pro- military retirement benefit pay from $100,000, from 7.81 percent to 7.5 grams. state income tax under a bill approved by percent for tax years beginning on or Finally, the provisions of LB254, lawmakers May 19. after Jan. 1, 2022, and before Jan. 1, introduced by Sen. Under LB387, 2023. The rate will fall to 7.25 percent Matt Williams of introduced by for tax years beginning on or after Gothenburg, ex- Gordon Sen. Tom Jan. 1, 2023. tend the sunset Brewer at the re- The bill states the intent of the date for the Begin- quest of Gov. Pete Legislature to further reduce the rate ning Farmer Tax Ricketts, individu- to 7 percent for tax years beginning on Credit Act from als may exclude Sen. Tom Brewer or after Jan. 1, 2024, and before Jan. 1, Dec. 31, 2022, to Sen. Matt Williams

PAGE 22 • UNICAMERAL UPDATE • 107TH LEGISLATURE May 18 - 27, 2021

Dec. 31, 2025. offset income, sales and use or real The definition includes header Omaha Sen. Machaela Cavanaugh property taxes or to reduce income tax trailers, head haulers, header trans- filed a motion to return LB432 to withholding. No taxpayer may earn a ports and seed tender trailers. select file in order to adopt an amend- credit that exceeds $50,000. Also included in LB595 are provi- ment that would strike its enacting The director may not approve fur- sions of LB182, introduced by Elk- clause. The motion failed on a vote ther applications once the expected horn Sen. Lou Ann Linehan. They of 2-40. incentives from approved projects exempt from state sales and use taxes Cavanaugh said a corporate tax cut total $8 million, and no new applica- the gross income received from the should not take precedence over other tions may be filed after Dec. 31, 2031. lease or use of towers or other struc- priorities, such as providing services Beginning Sept. 1, 2024, the de- tures primarily used in conjunction for vulnerable Nebraskans. partment must present an annual with the furnishing of internet access After two hours of debate on final report on the program to the Legis- service, agricultural GPS locating ser- reading, Linehan filed a motion to lature. vices or certain over-the-air radio and invoke cloture, which ceases debate Senators voted 49-0 to pass LB544. television broadcasting. and forces a vote on the bill and any Finally, under provisions originally pending amendments. It succeeded Ethanol inputs exempted from introduced by Linehan in LB350, on a vote of 43-3. Thirty-three votes state sales and use taxes the proceeds of sales and use taxes were needed. imposed on the sale or lease of motor- LB432 passed on a vote of 42-1. Lawmakers passed a bill May 20 boats, personal watercraft, all-terrain containing several sales and use tax vehicles and utility-type vehicles will be Urban redevelopment tax exemptions, including one for inputs credited to the state Game and Parks incentives created used to manufacture ethanol. Commission Capital Maintenance Under LB595, introduced by Thur- Fund until 2027 rather than 2022. Businesses that invest in urban ston Sen. Joni Albrecht, state sales and Sen. Machaela Cavanaugh of areas with high poverty and unem- use taxes may not be imposed on the Omaha questioned why the Legisla- ployment rates may qualify for tax gross receipts from the sale, lease or ture would approve a measure that incentives under a bill approved by rental of — and storage, use or other will reduce tax revenue when senators the Legislature May 20. consumption in Nebraska of — all cata- blocked her bill to supplement existing Under LB544, introduced by lysts, chemicals and materials used in services for children with developmen- Omaha Sen. Justin Wayne, taxpay- the process of manufacturing ethanol tal disabilities in Nebraska, partly due ers may apply to and the production of coproducts. to its cost. the director of the The bill also includes provisions of Cavanaugh filed a motion to re- state Department LB672, introduced commit LB595 to the Revenue Com- of Economic De- by Sen. Dave Mur- mittee, which she later withdrew. velopment for tax man of Glenvil, After two hours of debate on final credits based on that define agri- reading, Albrecht filed a motion to their level of in- cultural machinery invoke cloture, which ceases debate vestment and the Sen. Justin Wayne and equipment for and forces a vote on the bill and any number of new employees they hire. the purposes of an pending amendments. It succeeded To qualify, a business must be existing sales and Sen. Dave Murman on a vote of 42-0. Thirty-three votes located in a city of the primary or use tax exemption. were needed. metropolitan class and in an economic Under LB595, agricultural ma- Senators voted 45-0 to pass LB595. redevelopment area in which the aver- chinery and equipment are defined as age rate of unemployment is at least tangible personal property used directly Joint hearing for property tax 150 percent of the state average and in cultivating or harvesting a crop, rais- request increases approved the average poverty rate is 20 percent ing or caring for animal life, protecting or more for the area’s federal census the health and welfare of animal life or Certain political subdivisions must tract. collecting or processing an agricultural hold a joint public hearing before in- Taxpayers may use the credits to product on a farm or ranch. creasing their property tax requests un-

107TH LEGISLATURE • UNICAMERAL UPDATE • PAGE 23 May 18 - 27, 2021 der a bill passed by lawmakers May 19. be available in alphanumeric or per- Under LB644, introduced by Sen. sonalized versions beginning Jan. 1, Ben Hansen of Blair, counties, cit- 2023. The plate will be designed in ies, school districts consultation with History Nebraska and community — formally known as the Nebraska colleges must par- Water safety license plate Historical Society — and reflect the ticipate in a joint passed importance of preserving the state’s public hearing shared history. and pass a resolu- A new specialty license plate that The fee for the alphanumeric tion or ordinance seeks to educate the public about plate is $5, credited to the Support before increasing Sen. Ben Hansen water safety was approved by the Leg- Nebraska History Cash Fund. Person- their property tax request by more islature May 19. alized plates will cost $40, with $10 than an allowable growth percentage. LB166, sponsored by Lincoln Sen. credited to the state Department of The bill requires counties to notify Suzanne Geist, Motor Vehicles Cash Fund and $30 affected taxpayers of the hearing by authorizes Josh credited to the Support Nebraska postcard, the cost of which will be the Otter-Be Safe History Cash Fund. shared by the political subdivisions Around Water li- The bill passed on a 39-0 vote. seeking to increase their property tax cense plates, avail- request. able as of Jan. 1, Broadband grant funding The hearing, which must be held 2022. expanded on or after Sept. 17 and before Sept. The fee for the Sen. Suzanne Geist 29, must be open to public testimony. alphanumeric plate is $5, credited to Lawmakers passed a bill May 20 Its agenda may include only the pro- the Josh the Otter-Be Safe Around meant to encourage increased broad- posed property tax request increase. Water Cash Fund. Personalized plates band availability throughout the state. LB644 also includes provisions of will cost $40, with $10 credited to the Under LB388, introduced by LB189, introduced by Hastings Sen. state Department of Motor Vehicles Henderson Sen. at the Steve Halloran, which require a po- Cash Fund and $30 credited to the request of Gov. litical subdivision’s Josh the Otter-Be Safe Around Water Pete Ricketts, the governing body to Cash Fund. Public Service make provisions The bill requires the Game and Commission will in its next budget Parks Commission to create a program administer grants to pay a refund of to award grants from the cash fund to to providers, co- real or personal nonprofit organizations dedicated to operatives and property taxes. educating children about water safety. political subdivi- Sen. Curt Friesen The measure also Sen. Steve Halloran Senators passed LB166 on a 41-0 sions to fund qualifying broadband repeals a provision allowing political vote. development projects. subdivisions up to five years to pay The bill appropriates $20 million the refund. History license plates approved annually beginning in fiscal year 2021- Under the bill, interest on refunds 22 to the commission to fund the accrues at a rate of 9 percent on the Senators passed a bill May 19 that grants. Priority will be given to grants unpaid balance beginning 30 days creates a new specialty license plate to unserved areas that previously have after the date when the county asses- celebrating Ne- not been targeted for such a project, sor certifies the amount of the refund braska history. unserved areas that are receiving fed- based upon the order. Under LB317, eral support for construction that will LB644 passed on a vote of 42-0. sponsored by not be completed within 24 months Omaha Sen. and underserved areas that have John Cavanaugh, developed a broadband and digital Nebraska History inclusion plan. licenses plates will Sen. John Cavanaugh Eligibility is restricted to projects

PAGE 24 • UNICAMERAL UPDATE • 107TH LEGISLATURE May 18 - 27, 2021 providing broadband internet service ities that op- scalable to 100 Mbps for download- erate a natu- ing and 100 Mbps for uploading, ral gas plant or greater. Each project must have a or natural completion deadline of 18 months Urban affairs omnibus bill gas system from the date the grant is awarded passed to apply to and be eligible for one extension of six the state for Sen. Justin Wayne months, to be approved by the PSC. An omnibus municipal governance emergency Grant applications must be sub- measure passed May 20. grant funding to cover up to mitted on or before Oct. 1, 2021, for LB131, introduced by Sen. Megan 80 percent of extraordinary FY2021-22, and on or before July 1 for Hunt of Omaha, costs associated with an extreme subsequent fiscal years. Political sub- adds “or as other- weather event and provide a divisions must form a public-private wise provided by one-time, $10 million general partnership with a service provider to law” to the list of fund transfer to fund the grants; qualify for funding under LB388 and reasons a munici- • LB556, introduced by Lincoln commit matching funds equal to 50 pality can waive Sen. Matt Hansen, which clari- percent of the total development costs. reading an ordi- fies that mu- The bill requires all grant recipients nance three times Sen. Megan Hunt nicipalities to conduct randomized speed tests before its adoption. may add re- and submit the results to the PSC. If The measure was amended to add quirements speeds fail to meet the bill’s require- provisions of seven other bills: to a rede- ments, the provider will be required • LB99, introduced by Fremont velopment to repay the grant. Sen. Lynne contract to The PSC will publish all grant ap- Walz, which comply with Sen. Matt Hansen plicants on its website within three exempts their comprehensive redevelop- days of the application deadline. Any areas des- ment plan, affordable housing service provider may, within 30 days, ignated as action plan or other goals estab- challenge an applicant’s eligibility extremely lished by the municipality; and for funding if the applicant already blighted • LB647, introduced by Norfolk provides broadband or has begun con- from the Sen. Lynne Walz Sen. Michael Flood, which struction in or near the proposed area. maximum percentage of a city allows first The commission will judge each or village that may be designated class cities applicant based on their financial, blighted under the Community to increase technical and legal capability to de- Development Law; their bond- ploy broadband that meets minimum • LB161, introduced by the Urban ing thresh- speeds at competitive prices and can be Affairs Committee, which makes old from $2 scalable to higher speeds in the future. several technical changes to the million to The commission will approve Building Construction Act; $5 million Sen. Michael Flood grants for all qualified applicants • LB162, also introduced by the when constructing or buying a while funding remains available, with committee, which establishes public building without a vote no award to exceed $5 million. An uniform procedures to detach of the people. applicant must provide broadband territory from a municipality’s Senators passed LB131 on a vote service for the entirety of the funding corporate limits; of 40-7. agreement. A grant recipient that fails • LB218, introduced by Omaha to provide service at required speeds Sen. Justin Wayne, which adopts Inland port authorities will have reasonable time to address the 2018 Uniform Plumbing authorized the speed deficiency before funding Code as the state’s default code; is withdrawn. • LB549, also introduced by A bill intended to spur commercial LB388 passed on a 49-0 vote. Wayne, which allows municipal- economic development passed final

107TH LEGISLATURE • UNICAMERAL UPDATE • PAGE 25 May 18 - 27, 2021 reading May 19. zoning jurisdiction of such city is lo- issue and sell revenue bonds and ac- LB156, introduced by Omaha cated — may form a joint inland port quire rights-of-way and property. All Sen. Justin Wayne, authority. authorities established under the bill allows up to five To be eligible, an inland port site will be administered by an appointed inland port au- must be at least 300 acres in area and governing board. thorities to be es- meet two of the following criteria of The bill prohibits inland port tablished in Ne- being within: authorities from levying sales taxes braska. An inland • one mile of a navigable river or and states legislative intent to trans- port authority may waterway; fer $5 million in general funds for be established in a Sen. Justin Wayne • one mile of a major rail line; the next two fiscal years to the Site metropolitan, primary or first class city • two miles of a major airport; or and Building Development Fund to or a county with a population greater • two miles of any federal in- be earmarked for large, shovel-ready than 20,000. terstate or four-lane divided inland port authority projects. A qualifying city and one or more highway. Senators passed LB156 on a 47-0 counties that contain a qualifying An inland port authority is autho- vote. n city — or in which the extraterritorial rized to engage in marketing activities,

The 107th Legislature, Find Your Senator second session, is NebraskaLegislature.gov provides an easy tool for locating your district and scheduled to convene senator. Wednesday, Jan. 5, Enter your full address into the “Find Your Senator” search field located on the right side of the home page. This opens a map that shows your 2022. legislative district and a picture of your senator, along with a link to that senator’s web page. For scheduling information regarding interim hearings This page includes senators’ contact information and links to their biography and the upcoming special and photos. It also provides a list of committees they serve on and the bills session for redistricting, access they’ve introduced. the legislative calendar at NebraskaLegislature.gov/cal- endar/calendar

PAGE 26 • UNICAMERAL UPDATE • 107TH LEGISLATURE May 18 - 27, 2021 Senator Contact Info

Sen. Raymond Aguilar Sen. Machaela Cavanaugh Sen. Mike Groene Sen. Brett Lindstrom Sen. Patty Pansing Brooks Grand Island, District 35 Omaha, District 6 North Platte, District 42 Omaha, District 18 Lincoln, District 28 Room 1118 11th Floor Room 1302 Room 2015 Room 1016 (402) 471-2617 (402) 471-2714 (402) 471-2729 (402) 471-2618 (402) 471-2633 [email protected] [email protected] [email protected] [email protected] [email protected] news.legislature.ne.gov/dist35 news.legislature.ne.gov/dist06 news.legislature.ne.gov/dist42 news.legislature.ne.gov/dist18 news.legislature.ne.gov/dist28

Sen. Joni Albrecht Sen. Robert Clements Sen. Steve Halloran Sen. Lou Ann Linehan Sen. Rita Sanders Thurston, District 17 Elmwood, District 2 Hastings, District 33 Elkhorn, District 39 Bellevue, District 45 Room 1404 Room 1120 Room 1022 Room 1116 Room 1406 (402) 471-2716 (402) 471-2613 (402) 471-2712 (402) 471-2885 (402) 471-2615 [email protected] [email protected] [email protected] [email protected] [email protected] news.legislature.ne.gov/dist17 news.legislature.ne.gov/dist02 news.legislature.ne.gov/dist33 news.legislature.ne.gov/dist39 news.legislature.ne.gov/dist45

Sen. John Arch Sen. Jen Day Sen. Ben Hansen Sen. John Lowe Sen. Julie Slama La Vista, District 14 Omaha, District 49 Blair, District 16 Kearney, District 37 Peru, District 1 Room 1402 Room 1018 Room 2010 Room 2011 11th Floor (402) 471-2730 (402) 471-2725 (402) 471-2728 (402) 471-2726 (402) 471-2733 [email protected] [email protected] [email protected] [email protected] [email protected] news.legislature.ne.gov/dist14 news.legislature.ne.gov/dist49 news.legislature.ne.gov/dist16 news.legislature.ne.gov/dist37 news.legislature.ne.gov/dist01

Sen. Carol Blood Sen. Wendy DeBoer Sen. Matt Hansen Sen. John McCollister Sen. John Stinner Bellevue, District 3 Bennington, District 10 Lincoln, District 26 Omaha, District 20 Gering, District 48 Room 1021 Room 1114 Room 1015 Room 1017 Room 1004 (402) 471-2627 (402) 471-2718 (402) 471-2610 (402) 471-2622 (402) 471-2802 [email protected] [email protected] [email protected] [email protected] [email protected] news.legislature.ne.gov/dist03 news.legislature.ne.gov/dist10 news.legislature.ne.gov/dist26 news.legislature.ne.gov/dist20 news.legislature.ne.gov/dist48

Sen. Eliot Bostar Sen. Myron Dorn Sen. Mike Hilgers Sen. Mike McDonnell Sen. Tony Vargas Lincoln, District 29 Adams, District 30 Lincoln, District 21 Omaha, District 5 Omaha, District 7 Room 1012 11th Floor Room 2103 Room 2107 Room 1000 (402) 471-2734 (402) 471-2620 (402) 471-2673 (402) 471-2710 (402) 471-2721 [email protected] [email protected] [email protected] [email protected] [email protected] news.legislature.ne.gov/dist29 news.legislature.ne.gov/dist30 news.legislature.ne.gov/dist21 news.legislature.ne.gov/dist05 news.legislature.ne.gov/dist07

Sen. Bruce Bostelman Sen. Steve Erdman Sen. Sen. Terrell McKinney Sen. Lynne Walz Brainard, District 23 Bayard, District 47 Omaha, District 4 Omaha, District 11 Fremont, District 15 Room 1117 Room 1124 Room 2028 11th Floor Room 1107 (402) 471-2719 (402) 471-2616 (402) 471-2621 (402) 471-2612 (402) 471-2625 [email protected] [email protected] [email protected] [email protected] [email protected] news.legislature.ne.gov/dist23 news.legislature.ne.gov/dist47 news.legislature.ne.gov/dist04 news.legislature.ne.gov/dist11 news.legislature.ne.gov/dist15

Sen. Tom Brandt Sen. Michael Flood Sen. Dan Hughes Sen. Adam Morfeld Sen. Justin Wayne Plymouth, District 32 Norfolk, District 19 Venango, District 44 Lincoln, District 46 Omaha, District 13 Room 1528 11th Floor Room 2108 Room 1008 Room 1115 (402) 471-2711 (402) 471-2929 (402) 471-2805 (402) 471-2720 (402) 471-2727 [email protected] [email protected] [email protected] [email protected] [email protected] news.legislature.ne.gov/dist32 news.legislature.ne.gov/dist19 news.legislature.ne.gov/dist44 news.legislature.ne.gov/dist46 news.legislature.ne.gov/dist13

Sen. Tom Brewer Sen. Curt Friesen Sen. Megan Hunt Sen. Mike Moser Sen. Matt Williams Gordon, District 43 Henderson, District 34 Omaha, District 8 Columbus, District 22 Gothenburg, District 36 Room 1101 Room 1110 Room 1523 Room 1529 Room 1401 (402) 471-2628 (402) 471-2630 (402) 471-2722 (402) 471-2715 (402) 471-2642 [email protected] [email protected] [email protected] [email protected] [email protected] news.legislature.ne.gov/dist43 news.legislature.ne.gov/dist34 news.legislature.ne.gov/dist08 news.legislature.ne.gov/dist22 news.legislature.ne.gov/dist36

Sen. Tom Briese Sen. Suzanne Geist Sen. Mark Kolterman Sen. Dave Murman Sen. Albion, District 41 Lincoln, District 25 Seward, District 24 Glenvil, District 38 Lincoln, District 27 Room 1019 Room 2000 Room 2004 Room 1522 Room 1308 (402) 471-2631 (402) 471-2731 (402) 471-2756 (402) 471-2732 (402) 471-2632 [email protected] [email protected] [email protected] [email protected] [email protected] news.legislature.ne.gov/dist41 news.legislature.ne.gov/dist25 news.legislature.ne.gov/dist24 news.legislature.ne.gov/dist38 news.legislature.ne.gov/dist27

Sen. John Cavanaugh Sen. Tim Gragert Sen. Steve Lathrop Sen. Rich Pahls Omaha, District 9 Creighton, District 40 Omaha, District 12 Omaha, District 31 Room 1306 11th Floor Room 1103 Room 1403 (402) 471-2723 (402) 471-2801 (402) 471-2623 (402) 471-2327 [email protected] [email protected] [email protected] [email protected] news.legislature.ne.gov/dist09 news.legislature.ne.gov/dist40 news.legislature.ne.gov/dist12 news.legislature.ne.gov/dist31

107TH LEGISLATURE • UNICAMERAL UPDATE • PAGE 27 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