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Session Review 2013 NEBRASKA LEGISLATURE

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Session Review 2013 NEBRASKA LEGISLATURE The Unicameral Update Session Review 2013 NEBRASKA LEGISLATURE Volume XXXVI, No. 23 2013 Session Review Contents Agriculture .......................................................................................... 3 Appropriations .................................................................................... 6 Banking, Commerce and Insurance .................................................. 8 Business and Labor ......................................................................... 10 Education .......................................................................................... 12 Executive Board ............................................................................... 15 General Affairs .................................................................................. 17 Government, Military and Veterans Affairs ...................................... 19 Health and Human Services ............................................................ 23 Judiciary ........................................................................................... 26 Natural Resources ............................................................................ 29 Retirement Systems ......................................................................... 32 Revenue ............................................................................................ 34 Transportation and Telecommunications ........................................ 37 Urban Affairs ..................................................................................... 40 Bill Status .......................................................................................... 42 Legislative Resources ...................................................................... 63 About the Unicameral Update ......................................................... 63 Published July 2013 Unicameral Information Office Clerk of the Nebraska Legislature P.O. Box 94604 Lincoln, NE 68509 (402) 471-2788 www.NebraskaLegislature.gov Cover: Located at the west entrance to the Nebraska State Capitol, the Lincoln Monument was created by architect Henry Bacon and sculptor Daniel Chester French in 1912. (The pair went on to create the iconic Lincoln Memorial in Washington, D.C.) The monument predates the current Capitol and is a symbol of Nebraska’s pride in having its capital city named after the 16th president of the United States. PAGE 2 • UNICAMERAL UPDATE • INTERIM 2013 • 103RD LEGISLATURE • FIRST SESSION UNICAMERAL UPDATE Agriculture • the cattle are branded at the livestock auction market or other approved location; and • an out-of-state brand permit has been obtained prior to branding the cattle. Producers can obtain an out-of-state brand permit by submitting an application and corresponding fee to a brand inspector. Hyannis Sen. Al Davis introduced LB647, which al- lows cattle to be imported into Nebraska without individual animal identification if they are: • identified by a registered brand; • accompanied by an official brand inspection certificate issued by the recognized brand inspection au- thority of the state of origin; and Sen. Al Davis • imported directly from a mandatory brand inspec- tion area of any state. The state Department of Agriculture can require im- ported cattle to have individual identification under LB647 if the director determines that: • the state of origin recognized brand registration or brand inspection procedures and documentation Sen. Ken Schilz, Agriculture Committee chairperson are insufficient to trace an individual animal to its herd of origin; awmakers considered many agricultural issues this • identification by brand alone is in conflict with a session including livestock branding and manage- standard of federal law or regulation regarding iden- L ment, climate change, livestock management and tification of cattle moved into Nebraska; or regulatory requirements. • the cattle originates from a location that is not an North Platte Sen. Tom Hansen intro- accredited tuberculosis-free state or zone or is not duced LB435, passed 45-0, which allows designated a brucellosis-free state or zone. out-of-state brand permits that authorize The bill continues to allow the state veterinarian to issue a one-time use of a brand registered with import orders imposing additional requirements, includ- a state other than Nebraska to brand ing identification requirements, for animals imported into cattle for immediate exportation out Nebraska from any state, country, zone or other area. of state. Sen. Tom Hansen Senators passed the bill on a 45-0 vote. The bill authorizes the branding of cattle with an out- LB423, introduced by the Agriculture Committee, of-state brand if: authorizes law enforcement officials to enter into an agree- • the cattle are purchased at a livestock auction market ment with animal owners and custodians outlining inter- licensed under the Livestock Auction Market Act or ventions to be undertaken to avoid seizure of neglected another location approved by the Nebraska Brand animals. The bill allows for keeping seized animals on the Committee; premises of the owner or custodian. • the cattle will be exported immediately from Nebraska; FIRST SESSION • 103RD LEGISLATURE • INTERIM 2013 • UNICAMERAL UPDATE • PAGE 3 NEBRASKA LEGISLATURE The bill also expressly authorizes law enforcement the number of milk producers in the state. The formula to euthanize severely emaciated, injured, disabled, or in place designates one board member for every 40 milk diseased animals but would require officials to accom- production units. modate an owner’s request to have his or her veterinarian Under LB70, if the formula results in fewer than seven present when animals are assessed. Upon seizure of the members, the governor will appoint a member or members animals, the law enforcement agency taking custody will from nominees submitted by the board. have seven days to petition for a hearing before the district LB67 amends the Nebraska Milk Act by adopting the court, which will be scheduled within 10 days of the date majority of the 2011 Grade A Pasteurized Milk Ordinance. of petition. Under the bill, all milk production facilities will be required If a court determines that abandonment or cruel neglect to comply with Grade A dairy standards except that existing has occurred, it may: manufacturing grade dairies will be exempted provided they • order immediate forfeiture of animals and authorize continue to meet manufacturing grade standards. appropriate disposition of the animals, including Senators passed the bill on a 46-0 vote. euthanasia; Malcolm Sen. Ken Haar introduced • detail conditions that must be met to restore custody LB583, passed 32-12, which requires the to the owner; or state’s Climate Assessment Response • order a bond or other security, or direct installment Committee to prepare a report on cycli- payments to pay for the seizing agency’s cost for care cal climate change in Nebraska by Dec. of the animals. 1, 2014. The report will include possible If the owner or custodian is found not guilty, all funds impacts on the state’s agriculture, water, paid by the owner remaining after actual expenses incurred recreation and other economic sectors Sen. Ken Haar by the seizing agency associated with the seizure and care and provide conclusions and recommendations. of animals will be refunded. LB68, introduced by Schilz, updates provisions in the The provisions of the bill cannot preempt any animal Plant Protection and Plant Pest Act. welfare ordinances of a city of the metropolitan or primary Currently, commercial nursery licenses are divided into class. Currently, Omaha is the only metropolitan class city three categories under the act: growers, dealers and brokers. and Lincoln is the only primary class city. The bill consolidates all three types of licenses into a single Provisions of LB544, a bill originally introduced by nursery stock distributor license. Hansen, were amended into LB423 and prohibit an owner LB68 also changes existing fee schedules due to the of a beef or dairy breeding bull infected with bovine tricho- creation of the new license. Applicants seeking a Nursery moniasis from selling or transporting the animal except Stock Distributor license will be charged $115 for the first for slaughter. acre and $5 for each additional acre. The state Department The owner also is required to report the diagnosis to the of Agriculture is authorized to adjust fees to a maximum state Department of Agriculture within five business days of $140 for the first acre and $6 for each additional acre. of laboratory confirmation of the diagnosis and must notify This is an increase from a $100 fee, regardless of size. all neighboring landowners of the infection within 14 days. Senators passed the bill on a 41-0 vote. The bill passed on a 41-0 vote. Schilz also introduced LB69, passed 40-0, which re- Two bills related to the dairy industry passed this ses- moves the specialty pesticide designation from pesticide sion. Both were introduced by Sen. Ken Schilz of Ogallala. product registration. LB70, introduced by Ogallala Sen. Ken Schilz and Currently, pesticides classified as specialty are charged passed 45-0, prevents a decrease in the Nebraska Dairy a registration fee of $160 per product while nonspecialty Industry Development board’s membership below its pesticides are charged a fee of $200. LB69 removes the current level. specialty classification and establishes an annual registra- Currently, membership on the board is proportional to tion fee of $160
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