UNICAMERAL UPDATE News published daily at Update.Legislature.ne.gov Vol. 43, Issue 6 / Feb. 10 - 13, 2020 Anti-bias and implicit Consumption tax proposed bias training he Revenue Committee requirement advanced T heard testimo- awmakers gave first-round ap- ny Feb. 12 on a pro- proval Feb. 12 to a bill that posed constitutional L seeks to strengthen enforce- amendment that ment of the state’s ban on racial profil- would repeal state and ing by law enforcement. local taxes and require LB924, sponsored by Omaha Sen. the Legislature to en- Ernie Chambers, would require each act a consumption tax law enforcement agency in Nebraska on goods and services. to implement an anti-bias and implicit LR300CA, intro- bias training policy to combat appar- duced by Sen. Steve ent or actual racial profiling practices. Erdman of Bayard, The bill will help focus attention would prohibit the on a problem, Chambers said, but it state and all its politi- is only a beginning. cal subdivisions from “There still is an overabundance of imposing any form of stops, searches and arrests of nonwhite taxation other than a people based on the fact that they are single-rate consump- not white,” he said. tion tax and require Under the bill, each agency would the Legislature to en- be required to submit its adopted act such a tax by Jan. policy to the Nebraska Commission 1, 2022. Sen. Steve Erdman said a consumption tax would generate as on Law Enforcement and Criminal much revenue as the state’s current tax system while being If passed, the reso- simpler, fairer and free of loopholes. Justice. Every law enforcement officer lution would place would be required to complete at least the question on the November 2020 first purchaser of any new good at the two hours of bias training during each general election ballot. time of sale and on any service, he calendar year. Erdman said consumption taxes said, and businesses would collect and Additionally, LB924 would autho- are fair, simple and transparent. remit the tax to the state. rize the commission to withhold loans, Replacing Nebraska’s current tax The proposed amendment also grants, funds or donations from a system with a consumption tax would would prohibit the Legislature from law enforcement agency if the agency reduce administrative costs, promote granting any exemptions to the tax. is found to have neglected to collect individual saving and investment and Erdman brought an amendment to required vehicle stop demographic help encourage businesses to locate the hearing that he said would leave data. The funding could be reinstated and expand in Nebraska, he said. the state’s excise tax on gasoline in once the reporting failure is corrected. “If we pass this … we will become place and allow local governments, Sen. Steve Lathrop of Omaha the most [envied] state in the nation,” such as counties and cities, to impose supported the bill. He said statistics Erdman said. “This is an opportunity their own consumption tax with voter suggest that the implicit inclination for us to be different.” approval. to view someone behind the wheel of Erdman said the tax would gener- Erdman said the amendment also a car differently because of their race ate the same amount of revenue as would provide for “prebate” payments is a problem in Nebraska. current taxes. It would be paid by the (continued page 2) (continued page 3)

INSIDE: County levy authority for bridges stalls • Indoor e-cigarette ban proposed • Hearing schedule February 10 - 13, 2020 Consumption tax proposed (continued from front page) intended to offset the tax for low- Malia Shirley of Omaha also testi- with the lowest incomes, the tax then income Nebraskans. fied in support of the resolution. As would fall heaviest on middle-income Duane Lienemann of Blue Hill a recent college graduate, Shirley said, households. testified in support of the proposal, she is trying to decide where to start “Because the wealthy are unlikely saying the state’s current tax system is a career and a family. Young people to spend so much that they’d pay as “unequal and unfair.” He said Nebras- like her want to buy homes, she said, much in sales tax as they had been pay- ka relies too heavily on property taxes but many decide to move to other ing in income taxes,” she said, “only to fund local governments, placing a Midwestern states with lower property those in the middle would be left to heavy burden on farmers, ranchers taxes. make up the difference.” and businesses. “We want to contribute to our Under the proposal, Friesen “I feel that the property tax issue communities and the society around Milone said, the state would tax goods has reached such a level that any more us, and we want to continue making and services that it previously has ex- failed promises of significant property our lives here in Nebraska,” Shirley empted for good policy reasons, such tax relief by the state Legislature will said. “The current property taxes as groceries, health care, child care and further discredit this unicameral body discourage me and my young profes- private school tuition. in the eyes of the public,” Lienemann sional peers from making Nebraska a John Hansen, president of the Ne- said. “Big steps are needed.” permanent home.” braska Farmers Union, also testified George Davis, owner of Ollie the Testifying in opposition to the in opposition. He said the proposal as Trolley in Omaha, also testified in proposal was Tiffany Friesen Milone, introduced would require local govern- support. He said the proposal is a “vi- policy director at OpenSky Policy ments “to get down on bended knee” able alternative” to current state taxes Institute. She said a 2005 report by a and hope that the Legislature meets and that it could reduce the amount presidential advisory panel rejected a their budget requests. of taxes his business pays for inputs federal consumption tax similar to the “This approach ... takes away any- such as mechanical parts, fuel and one proposed by LR300CA because thing that remotely looks like a backup computers. of its regressivity and the high rate plan or a backdoor to be able to make “[The] charges could be more trans- needed to achieve revenue neutrality. up for shortfalls,” Hansen said. parent and more understandable to Additionally, Friesen Milone said, The committee took no immediate me in tracking its costs and its impact even if the proposed prebate were to action on the bill. n upon my business daily,” Davis said. fully offset the tax for households

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PAGE 2 • UNICAMERAL UPDATE • 106TH LEGISLATURE February 10 - 13, 2020 Anti-bias and implicit bias training requirement advanced (continued from front page) “This bill will help law enforce- ment recognize ... racial bias and the way the law is administered [as well as] who they pull over and how they treat individuals they encounter every day,” Lathrop said. Omaha Sen. Tony Vargas also spoke in support of LB924. Many igh school students with an law enforcement agencies nationwide interest in law, government, already provide such training, he said. H leadership or public speaking are “Across the country, cities and encouraged to register for the 2020 municipalities are taking this step to Unicameral Youth Legislature, which require a minimum of two hours of an- will convene June 7-10. nual training in some shape or form,” The Unicameral Youth Legislature Vargas said. “It’s a way to get ahead of is a four-day legislative simulation con- some of the things we’re seeing that’s ducted at the State Capitol Building concerning.” Sen. Ernie Chambers said the bill would and coordinated by the Clerk’s Office Senators advanced the bill to select provide a mechanism to enforce the state’s ban on racial profiling, which was outlawed of the Nebraska Legislature. Student file on a 43-0 vote. n in 2001. senators will sponsor bills, conduct committee hearings, debate legislation Find Your Senator and discover the unique process of the nation’s only unicameral. To determine which legislative district you live in, NebraskaLegislature.gov provides an easy tool for locating your district and senator. Students will learn about the inner workings of the Legislature directly Enter your full address into the “Find Your Senator” search field located from senators and staff. Bills will be on the right side of the home page. This opens a map that shows your based on legislation considered during legislative district and a picture of your senator, along with a link to that the current legislative session. senator’s web page. This page includes senators’ contact information Registrants are encouraged to ap- and links to their biography and photos. It also provides a list of committees they serve on and the bills they’ve introduced. ply for a Speaker Greg Adams Civic Scholarship award, which covers the full cost of admission. Applicants must submit a short essay. Other $100 scholarships also are available. The University of Nebraska–Lin- coln’s Extension 4-H Youth Develop- ment Office coordinates housing and recreational activities for the camp as part of their Big Red Summer Aca- demic Camps program. Registration forms can be obtained from the Legislature’s Unicameral Youth Legislature page: www.Nebras- kaLegislature.gov/uyl. The registration deadline is May 1. g

106TH LEGISLATURE • UNICAMERAL UPDATE • PAGE 3 February 10 - 13, 2020

“We don’t expect the state to fund of an employee due to a work-related 100 percent of our operations,” Svo- injury or illness. boda said. “[But] our centers are cur- Currently, the rently at maximum capacity. Demand burial benefit is not Bill would increase child is increasing and untapped sources of to exceed $10,000. advocacy center funding funding are few and far between.” LB448, as intro- Anne Boatright also testified in duced by Omaha Nebraska’s child advocacy centers support of the bill on behalf of the Sen. Mike McDon- would receive an increase in state Nebraska attorney general’s office. nell, would raise Sen. Mike McDonnell funding under a bill heard Feb. 11 by She said CACs are essential in pros- the benefit amount to 14 times the the Appropriations Committee. ecuting crimes against children, both state average weekly wage. LB779, sponsored by Gering Sen. for the evidence they collect and the The new benefit limit would be John Stinner, would appropriate services they provide to victims. She $11,970 based on the 2019 average $3.42 million to described an individual in south cen- weekly wage of $855. the state Depart- tral Nebraska who was a survivor of The benefit has not increased since ment of Health and both child abuse and sex trafficking. 2012, McDonnell said, yet the cost of Human Services in “Without the CAC’s extraordinary funerals continues to rise. fiscal year 2020-21 staff, we would not have been able to “The primary goal of LB448 is to to support child begin to support this victim in her update our laws to align the costs of advocacy centers. healing from these atrocious crimes,” living with the detrimental cost of dy- The bill also states Sen. John Stinner she said. “We cannot expect victims ing,” he said. the intent of the Legislature to con- who have experienced such intense A Business and Labor Committee tinue the new funding level in future levels of abuse to recover without these amendment, adopted 30-0, decreased fiscal years. specialized services.” the benefit to 12 times the state aver- Stinner said the bill would be an Gene Klein, executive director of age weekly wage. The new proposed increase of $1.15 million over the Project Harmony—a child advocacy cen- limit under the amendment would amount currently budgeted for the ter in Omaha—also testified in favor of be $10,260. centers, which provide coordinated the bill. State funding to CACs covers The bill advanced to select file on efforts to investigate child abuse and approximately one-third of the cost of a 34-0 vote. assistance in prosecuting offenders. a child evaluation, he said, and centers The number of cases that the centers must fundraise to cover the shortfall. Funding proposed for respond to has nearly doubled since “The significant increase in the apprenticeship programs 2015, he said, without a correspond- volume of need cannot be managed ing increase in state funding. with golf tournaments and fundraisers The Business and Labor Com- “These centers provide forensic anymore,” Klein said. mittee heard testimony Feb. 10 on a interviews, medical evaluations, trau- No one testified against LB779 and bill that seeks to address Nebraska’s ma-focused mental health care and the committee took no immediate workforce shortage. victim advocacy for victims of child action on it. LB813, introduced by Lincoln Sen. abuse and child sexual exploitation,” Kate Bolz, would Stinner said. direct $4 million Ivy Svoboda, executive director of in general funds to the Nebraska Alliance of Child Advo- the state Depart- cacy Centers, testified in support of ment of Labor in LB779. The centers, which serve all Increase in burial benefits fiscal year 2020-21 93 Nebraska counties, have tried hard clears first round to expand appren- to secure federal grants, donations ticeship programs. Sen. Kate Bolz and other funding sources in order The Legislature advanced a bill Bolz said that a 2019 Blueprint Ne- to keep up with the demand for their from general file Feb. 12 that would in- braska report found a workforce defi- services, she said. crease burial benefits upon the death cit of 24,600 employees in Nebraska.

PAGE 4 • UNICAMERAL UPDATE • 106TH LEGISLATURE February 10 - 13, 2020

“Supporting apprenticeship pro- of the department. it would help students who enroll in grams was a recommendation of the LB813 would DOL to develop and the college’s certified nursing assistant economic development task force ... administer a new grant program, but program and a new medication aide and builds on the investments already only for one year, she said, adding program, both of which lead directly made by employers in [providing] em- that the department would be unable to employment. ployees with skill training,” she said. to responsibly spend $4 million that Gabriel Bruguier testified in sup- The department could distribute quickly. port of the bill on behalf of the the funds to employers to establish The committee took no immediate Nebraska Commission on Indian Af- apprenticeship and pre-apprenticeship action on the bill. fairs. He said LB1076 would help to programs, facilitate cooperative agree- fill jobs that do not require a two- or ments between employers and educa- four-year college degree and ensure tional institutions and provide tuition more equitable access to financial aid assistance or stipends to students. for tribal students seeking technical or Susan Martin, representing the vocational training. Nebraska State AFL-CIO, supported Gap assistance for tribal No one testified in opposition to the bill. Four-year college degree colleges proposed the bill and the committee took no programs have long been presented immediate action on it. to high school students as the only The state’s tribal colleges could par- option, she said, but “earn while you ticipate in the Community College Gap Student-teacher relationship learn” apprenticeships allow students Assistance Program under a bill heard policy discussed to graduate with high-paying jobs and Feb. 11 by the Education Committee. little to no college debt. The program provides funding Public and private schools in Ne- “In Nebraska, our construction for community colleges to provide braska would be required to create a trades say the biggest issue that they’re awards to students in programs that policy that prohibits sexual contact dealing with is lack of workers to meet are aligned with training programs between a teacher and a student under the demands of the jobs,” Martin with stackable credentials that lead to a bill heard Feb. 11 by the Education said. “There’s plenty of work, but not a program that awards college credit, Committee. enough workers.” an associate degree, a diploma or a cer- LB1080, introduced by Omaha Sen. Also supporting LB813 was An- tificate in an in-demand occupation. Steve Lathrop, would require the school drew Watchorn, an electrical appren- Under LB1076, introduced by board or board of tice in Lincoln. The bill would make Lincoln Sen. Kate Bolz, the program education of each it easier for employers to offer tuition would expand to include eligible school district assistance, he said, noting that he programs at accredited, nonprofit, and the governing spent over $1,000 on tools, textbooks two-year postsecondary institutions authority of each and supplies during his first year of with a physical presence in Nebraska. private, denomina- apprenticeship alone. Bolz said this would allow students tional or parochial “The challenge is that we need to at Little Priest Tribal College and the school to adopt a Sen. Steve Lathrop increase the number of apprentices Nebraska Indian Community College policy regarding appropriate relation- learning [a trade] and career paths to receive gap awards. Those colleges ships between a student and a school that utilize approved apprenticeship offer several courses in in-demand employee, student teacher or intern. programs,” Watchorn said. “LB813 fields, such as carpentry, welding, ac- Lathrop, chairperson of the Judi- further incentivizes Nebraska employ- counting and health sciences, she said. ciary Committee, said they will hold ers who utilize Department of Labor- “By extending [the program] to hearings next week on four bills meant registered and approved apprentice- tribal colleges,” Bolz said, “we can to address the most severe forms of ship programs to grow their companies provide students more opportunity teacher misconduct that are not cov- and skilled workforce for the future.” and produce more skilled workers.” ered by state statute. He said LB1080 Opposing the bill was Katie Thurb- Michael Oltrogge, president of the is meant to ensure that schools are er, legal counsel for the state Depart- Nebraska Indian Community College, prepared to “prevent, detect and ment of Labor, who testified on behalf testified in support of LB1076. He said report” inappropriate conduct by

106TH LEGISLATURE • UNICAMERAL UPDATE • PAGE 5 February 10 - 13, 2020 teachers and other school employees Schools board member, testified in The provision prohibiting a sexual toward students. support of LB1080 on behalf of the Ne- relationship between a teacher and a “My hope would be that we can braska Association of School Boards. student for a minimum of one year address this issue from both angles,” Although many school district after the student’s graduation would Lathrop said. policies already address appropriate be difficult for administrators to moni- The proposed policy would pro- relationships between a teacher and a tor and control, he said, “but we do hibit any school employee or any stu- student, she said, LB1080 would en- believe that that clear separation does dent teacher or intern from engaging sure that each district adopts a policy need to be created.” in grooming, a term Lathrop said is with minimum standards that clarify No one testified in opposition to not easily defined. He said it could be boundaries for school employees. the bill and the committee took no recognized as a pattern of behavior in- Albers said a substitute teacher immediate action on it. tended to cultivate a closeness between groomed her 17-year-old daughter and a teacher and a student that creates the manipulated her into having sex with Alternative high school opportunity for a sexual relationship. him two weeks after she graduated equivalency tests proposed “I’ll leave it to the school districts to from high school. The teacher left the try to define what those activities are,” district and lost his teaching license, Nebraskans seeking a diploma of Latrhop said. “I think most people Albers said, but police told her they high school equivalency would have who see it happening know what it is.” could not investigate because the age an option other than the General The policy would prohibit any of consent in Nebraska is 16. Education Development tests under relationship that involves sexual con- “While we will never know whether a bill heard Feb. 10 by the Education tact or penetration from occurring a stronger school policy would have Committee. between a student and a school em- prevented this incident,” she said, LB1153, introduced by Omaha ployee or a student teacher or intern “we must send a message to school Sen. Tony Vargas, would require the while a student is enrolled and for a employees that actions like his will state commissioner minimum of one year after a student have consequences.” of education to ap- graduates or ceases enrollment. Maddie Fennell, executive direc- prove at least two It also would include a procedure tor of the Nebraska State Education alternative tests for for reporting suspected grooming Association, also testified in support. a person seeking or other unacceptable conduct by a She said the bill is one of several the a diploma of high school employee, student teacher or NSEA supports this session that are school equivalency intern to the school administration, intended to address inappropriate re- to choose from to Sen. Tony Vargas the state Department of Education, lationships between school employees demonstrate that they have attained the state Department of Health and and students. a typical high school graduate’s edu- Human Services and law enforcement. “There is no acceptable reason cational development and abilities. Additionally, the policy would that an educator in a … school district The bill would require the com- describe the preferred methods for a should be in a sexual relationship with missioner to make testing using each school employee, student teacher or a student, regardless of the age of the of the approved tests available at loca- intern to use in communicating with student,” Fennell said. tions across the state. students, including cell phones, email She emphasized the importance LB1153 also would allow the State or social media platforms. of requiring each district to adopt a Board of Education to develop and Finally, it would include notice that clearly defined communication policy. make available at least one skill-based policy violations could result in disci- “With the advent of social media,” or competency-based assessment in ad- plinary action and referral to the state Fennell said, “each school district must dition to the alternative tests approved Department of Education and that develop and clearly communicate to by the commissioner. any violation involving sexual or other their staff how and using what medium Vargas said the GED is the only abuse would result in referral to the they may communicate with students.” high-school equivalency test approved state Department of Health and Hu- Jack Moles testified in support of by the board. In 2014, the test’s de- man Services, law enforcement or both. LB1080 on behalf of the Nebraska Ru- veloper eliminated the option to take Lisa Albers, a Grand Island Public ral Community Schools Association. GED using paper and pencil, he said,

PAGE 6 • UNICAMERAL UPDATE • 106TH LEGISLATURE February 10 - 13, 2020 and it also increased the registration Most students take the writing sec- for redistricting purposes was heard fee and added fees for practice tests. tion several times before passing, which Feb. 12 by the Executive Board. Vargas said the changes made the is discouraging and costly, Ayotitla said. LB1157, introduced by Omaha GED less accessible to those with low Francisca Espinola, one of Ayo- Sen. Tony Vargas, would require that computer literacy and those whose titla’s students, also testified in sup- an individual who was a resident of first language is not English. port. Espinola said it was easier for the state prior to being confined to “LB1153 would remove barriers her to travel to a community college a Nebraska prison be counted in the put in place by the changes to the in Wyoming to take a paper-based high U.S. census as a resident of the county, GED and offer choice for Nebraskans school equivalency test than to take city or village in which he or she was who don’t have a high school diploma the computer-based GED in Nebraska. a resident prior to being confined for and who are ready to work toward She said the GED’s time restrictions purposes of drawing boundaries for their educational goals,” he said. make the reading and writing sections legislative and congressional districts. Since the 2014 changes, Vargas said, more difficult when using a computer. Census numbers are used in redis- 27 states have approved the TASC and Brian Halstead testified in opposi- tricting—the process of drawing new HiSET as alternatives to the GED. He tion to LB1153 on behalf of the state government representational boundar- said those tests are rigorous, available Department of Education, primar- ies every 10 years. Redistricting will be nationwide and remove many of the ily because of the estimated cost to undertaken next in 2021. barriers created by the updated GED. develop the proposed skill-based or Vargas said that counting inmates Eric Savaiano of Nebraska Apple- competency-based high school equiva- as residents of the city or county in seed testified in support of LB1153, lency assessment. which the prison they reside in is locat- saying that a high school diploma or According to the department’s fis- ed artificially inflates the population high school equivalency is required cal note, such a test would take three of rural areas—a process he referred to for admission to trade schools, higher to five years to develop and implement as “prison gerrymandering.” education and the military. Many hir- at an estimated cost of $10 million. “One thing that we can and should ing managers see a high school educa- Scott Salesses of GED Testing Ser- do before sitting down to draw district tion as essential, he said. vice also testified in opposition. He lines is to make sure we have the most Savaiano said GED participation said the GED was updated to ensure accurate census data to work off of,” and completion rates fell dramatically that adults have the skills needed for he said. “Every Nebraskan deserves the after the 2014 changes. From 2013 to today’s economy and that they are same level of representation and count- 2015, he said, the number of Nebras- prepared for higher education. ing Nebraska prisoners as residents of kans taking the GED decreased by Salesses said the number of people their home communities is one step we 71 percent and the number of those taking high school equivalency tests can take toward ensuring that happens.” completing it decreased by 80 percent. nationwide has decreased over the Jasmine Harris, director of public “LB1153 would allow [Nebraska] past few years, regardless of which tests policy and advocacy for RISE, testi- to offer an alternative exam to help are available, because the job market fied in support of the bill. She said more Nebraskans get the education has been strong and more people are her organization provides reentry ser- they need to get through the door with graduating from high school. vices to inmates from seven Nebraska employers and better provide for their The committee took no immediate correctional facilities, the majority families,” Savaiano said. action on the bill. of whom return to their hometowns Alejandra Ayotitla, coordinator upon release. of the adult education program at El Federal dollars that are allocated Centro de las Américas, also testified based on population should go to in support. Ayotitla, a GED tutor, the communities that provide reentry said the computer-only GED creates services, she said, rather than those obstacles for her students, especially New method proposed for that house inmates. the section that tests writing ability. census inmate count “We see the direct impact that oc- “In addition to learning the sub- curs when funding is not available for stance of their exam,” she said, “they A bill intended to provide a more those most essential services,” Harris have to learn to type very quickly.” accurate count of Nebraska residents said.

106TH LEGISLATURE • UNICAMERAL UPDATE • PAGE 7 February 10 - 13, 2020

Also testifying in support was that operate special party buses to ob- makes government a tool in the fi- Yshall Davis of the Heartland Workers tain an annual license from the state nancial exploitation of its citizens,” Center in Omaha. She said that her Liquor Control Commission. The Grasz said. brother, who is serving a life sentence, commission may suspend, revoke or Omaha pastor James Patterson encourages his family to contact the cancel the license. A one-year license spoke in opposition to LB971. Gam- state senator in his home district rath- will cost $75. bling projects an easy but false path to er than the person who represents the Enforcement inspections of special financial success, he said. district in which the prison is located, party buses are limited to times when “In my community, I want to be because he understands the challenges patrons are entering or exiting the able to encourage them to do things that her brother faces. stopped vehicle. where the odds aren’t stacked against “He’s never focused on reaching LB734 passed on a 42-0 vote. them,” Patterson said. out to get representation from the Brian Rockey, director of the Ne- [senator] in that county,” Davis said. Bill would legalize sports braska Lottery and Charitable Gam- Schuyler Geery-Zink, staff attorney betting ing Division of the state Department at Nebraska Appleseed, spoke in favor of Revenue, also testified in opposi- of LB1157, calling the bill a “racial Sports wagering would be legal- tion to LB971. He said the bill may justice issue.” People of color are over- ized under a bill considered Feb. 10 be unconstitutional because sports represented in the state’s prison popu- by the General Affairs Committee. betting does not meet the definition lation, she said, yet prisons primarily LB971, introduced by Sen. Justin of a lottery as laid out in the state are located in majority white areas of Wayne of Omaha, Constitution, which is required for the the state—including the Tecumseh would redefine the Legislature to be able to authorize it. State Correctional Institution, whose state’s definition of The committee took no immediate inmates account for one-fourth of the a lottery to include action on LB971. population of Johnson County. wagers on sports “All people who are incarcerated contests, excluding Gaming constitutional should be counted in their home com- high school and amendment proposed munities,” she said. “People [currently] youth games. Sen. Justin Wayne are counted in a voting district where Wayne said Nebraskans, particu- The General Affairs Committee they can’t and don’t vote.” larly from Omaha, are crossing the heard testimony Feb. 10 on a proposed No one testified in opposition to Missouri River into Iowa to gamble constitutional amendment that would LB1157 and the committee took no at casinos. New changes in federal legalize games of chance in Nebraska. immediate action on the bill. law will enable people to place bets Under current law, games of chance on athletic contests online through a other than the state lottery and certain casino beginning Jan. 1, 2021, he said, charitable enterprises are illegal and which will continue the outflow of the Nebraska Constitution prohibits money from Nebraska to Iowa. the Legislature from authorizing ad- “The fact of the matter is, Nebras- ditional games of chance. Party bus bill approved kans are already doing this,” Wayne LR295CA, introduced by Omaha said. “Gambling happens. Sports bet- Sen. Justin Wayne, would allow voters Lawmakers passed a bill Feb. 13 that ting happens.” to change the state’s constitution to requires licenses for charter buses that No one spoke in support of LB971. enable the Legislature to authorize, allow consumption Nate Grasz of the Nebraska Fam- regulate and tax such games. If passed, of alcohol under ily Alliance testified against the bill. the resolution would add the question the state’s Liquor Legalizing gambling would make the to the 2020 general election ballot. Control Act. state part of a social ill, he said. Wayne said Nebraska suffers from LB734, intro- “Making a bet with a friend is one the ills of gambling addiction when duced by Omaha thing, but making the government a citizens travel to Iowa, South Dakota Sen. Megan Hunt, partner with and an enabler of the and other states that allow wagering requires companies Sen. Megan Hunt commercialized gambling industry on games of chance, but does not earn

PAGE 8 • UNICAMERAL UPDATE • 106TH LEGISLATURE February 10 - 13, 2020 state revenue from regulated gambling existing tax levy the voice of those paying for these that could address those issues. bonding authority projects and allows the county boards “Let’s put it to the people,” Wayne to include coun- to circumvent the people.” said. ty-owned bridges Gretna Sen. Andrew La Grone Jim Schultz, vice chair of the Lib- that are deemed also spoke in opposition to LB267. ertarian Party of Nebraska, testified structurally defi- Counties should focus on using exist- in support of the proposal. He said cient or “scour ing resources for critical infrastructure gambling bans do not work and asked critical” according Sen. Kate Bolz projects, he said, rather than seeking lawmakers to, “take a hard look at the to state Department of Transportation out additional ways to spend tax dol- laws which criminalize voluntary inter- standards. lars. In addition, he said, counties actions between consenting adults.” Scour critical is a term used to could—under existing law—hold spe- Nate Grasz of the Nebraska Family describe bridge piers and abutment cial elections to gain bonding author- Alliance testified against the proposal. foundations that are unstable due ity for infrastructure repair if more Government should protect citizens to scour—or removal—of material flexibility to react to an emergency from harmful activities like gambling, around the bridge pier or abutment situation is needed. he said. foundations. Sen. Matt Hansen of Lincoln ques- “In order for the state to win, it’s The bill would require that coun- tioned that solution. Holding a special our own citizens that must lose,” ties repair, retrofit, reconstruct or election every time a bond is needed Grasz said. replace any county-owned bridge that for bridge repair would not be cost ef- Economist Loretta Fairchild also has been deemed deficient by state fective, he said, adding that a special spoke against the resolution. She DOT standards. election in Lancaster County would challenged lawmakers to cite a state Levy authority could be used if a cost $350,000. with legalized gambling that saw its county has no bonded indebtedness “That does not strike me as a realis- revenues rise enough to offset the payable from its general fund levy and tic or sensible [option],” Hansen said. negative effects of gambling. an annual levy could not exceed five Bolz acknowledged that counties “You’ve never heard the propo- and two-tenths cents on each $100 of have a responsibility to maintain nents [of gambling legalization] say taxable value of all the taxable prop- bridges and other infrastructure and ‘Let’s copy x-state. They’ve got won- erty of the county. said they often struggle to manage derful results,’” Fairchild said. “Do Bolz said existing bonding authority competing priorities. Allowing greater you think they would be keeping that can be used for courthouses, jails and bonding authority flexibility would be a secret if there were a clear case of other county buildings and that her bill fiscally responsible, she said, because solid, ongoing streams of blessings?” simply would expand that authority to it would allow counties to take advan- The committee took no immediate address an urgent need for bridge repair tage of low interest rates. action on the measure. in many Nebraska counties. “Because of the time frame that a “Bridges are critical transportation number of our bridges were built, a infrastructure, especially when [coun- lot of those bridges are wearing out ties] are responding to an emergency now—all of the checks are coming due situation [and are] protecting the safety now—and that can be really hard for a of the public and protecting important county commission to manage when routes for farm products and other you have bridges deteriorating all at County levy authority for goods,” she said. once,” Bolz said. deficient bridges stalls Thurston Sen. Joni Albrecht op- Plymouth Sen. Tom Brandt spoke posed the bill, saying it would elimi- in support of LB267. He said concerns A bill intended to give Nebraska nate voter approval for bonding regarding counties using levy author- counties more options for bridge projects. ity without a vote of the people are repair stalled on general file Feb. 10. “Counties can already issue bonds overstated. County board members LB267, sponsored by Lincoln Sen. for bridge repair and construction are elected, he said, and would have to Kate Bolz, would expand the allow- with a vote of the people,” she said. face voters if they used their authority able use of funds under a county’s “LB267 [exists] solely to eliminate unwisely.

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“Last time I checked, we’re a rep- Americans in Nebraska, work with sim- “These types of disparities have ex- resentative democracy,” Brandt said. ilar commissions from other states and isted since the beginning of our state,” “Counties across Nebraska would coordinate housing, education, welfare, Spindola said. “What African Ameri- benefit from additional resources to medical and dental care, employment cans do not have is a state agency that assist them in recovering from natural and other programs affecting African will educate our state representatives disasters.” Americans in the state. on these issues, study the underlying A pending Government, Military The bill also would require that causes, propose programs and policies and Veterans Affairs Committee the commission coordinate with the to solve them, analyze whether the amendment would limit the levy au- state Commission on Indian Affairs solutions are effective and report to thority to cases when a county board and the state Latino American Com- the Legislature on the results.” declares an emergency and either the mission to produce a disparity study No one testified in opposition to president of the United States has in government contracting report on the bill and the committee took no declared a disaster or the bridge is or before Dec. 1, 2022. immediate action on it. designated as scour critical or structur- Wayne said the Nebraska Equal ally deficient under DOT standards. Opportunity Commission was created Regulation sought for poll The amendment also would allow as the “de facto African American watchers levy authority for bridge repair only Commission,” but the mission of that with the approval of two-thirds of the organization has significantly changed Election observers would have county board. since its inception. The new commis- more oversight under a bill considered After three hours of debate span- sion would enable the Legislature to Feb. 12 by the Government, Military ning several days, the Legislature ad- “get unbiased information on what’s and Veterans Affairs Committee. journed for the day before taking any going on in our community,” Wayne LB1086, introduced by Lincoln votes on the bill or the amendment. said. Sen. Matt Hansen, Per a practice implemented last year William King, owner of a radio sta- would require poll by Speaker Jim Scheer of Norfolk, tion in Omaha, testified in support of watchers who wish the sponsor of a bill that is facing a the bill. He said the African American to observe Election potential filibuster must demonstrate community needs data to assist small- Day procedures to sufficient support for a cloture motion business development and create jobs. be either a regis- before the measure will be scheduled “We need a body in order to do tered voter in Ne- for additional debate. that,” King said. braska or a mem- Sen. Matt Hansen Yusuf Kafele, testifying on behalf of ber of a state, national or international African American commission Black Men United of Omaha, spoke election monitoring organization. proposed in support of LB918. He said creation Poll watchers would register with of a commission would help African either the Nebraska secretary of state or The Government, Military and Americans feel more engaged with their county election commissioner pri- Veterans Affairs Committee heard government. or to an election and would be required testimony Feb. 13 on a bill that would “This commission … gives us as Af- to display credentials. A poll watcher create the state Commission on Afri- rican, black people in the community could observe any Election Day activity can American Affairs. the rehearsal to power,” Kafele said. but would be required to maintain a LB918, introduced by Omaha “We need something to galvanize us.” distance of 8 feet from those activities. Sen. Justin Wayne, Lazaro Spindola, executive direc- Poll watchers would be prohibited would require mem- tor of the Nebraska Latino American from assisting a voter, electioneering on bers of the com- Commission, also testified in sup- behalf of a candidate or issue or inter- mission’s 14-person port. He said African Americans in fering with a voter or election official. board be of Afri- Nebraska have lower educational Hansen said he introduced the bill can ancestry. The achievement, higher unemployment because poll watchers currently have commission would and higher poverty levels than whites. little oversight. promote state and Sen. Justin Wayne A commission would help address “It’s not my intent to restrict any- federal legislation beneficial to African these issues, he said. one’s access to observing our elections,

PAGE 10 • UNICAMERAL UPDATE • 106TH LEGISLATURE February 10 - 13, 2020 however, the counties have communi- ment certification if the: cians or plumbers, and that those in cated with me that poll workers want • applicant has held a current other states are somehow in danger,” more of a streamlined process and occupational license or govern- she said. “This fear, in most occupa- clarity of what is allowed so no one is ment certification in another tions, more likely points to the ran- inadvertently denied access,” he said. state with a similar scope of dom nature of occupational licenses Lancaster County Election Commis- practice for at least one year; from state to state, and a desire to sioner David Shively testified in support • board in the applicant’s state keep those who might compete out.” of LB1086. The number of organiza- required the applicant to pass Lee McGrath of the Institute for tions sending poll watchers to polling an exam or meet educational, Justice also testified in support. He places has increased recently, he said, training or experience stan- said loosening licensure requirements but there is no formal process to identify dards; and would be a boon to people looking for poll watchers in advance of an election. • applicant’s license or certifica- work in Nebraska. “We want to have a little bit of guid- tion was not revoked or sur- “You have a problem in Nebraska; ance,” Shively said. “We want to make rendered for negligence or in- you have too few workers,” McGrath sure our poll workers understand what tentional misconduct and there said. “This bill provides an efficient [poll watchers] can and can’t do.” are no complaints, allegations way in which boards can recognize Westin Miller of Civic Nebraska also or pending investigations of an the credentials of people who want to testified in support. The organization alleged crime or unprofessional come and work here.” has employed poll watchers throughout conduct. Ken Allen, director of the state Nebraska, he said, and agrees that a If an applicant works in a state that Board of Barber Examiners, spoke in formal process is in the state’s interest. does not require a license or certifica- opposition to LB1187. Nebraska has a “I think this will create a smooth, tion in their profession, he or she may broader scope of practice for barbers confusion-free Election Day,” Miller obtain a license or certification in than other states, he said, including al- said. Nebraska if they have worked in their lowing the application of chemicals to Deputy Nebraska Secretary of State profession for three years and are in hair. The bill would lower standards, for Elections Wayne Bena also sup- good standing. Allen said. ported the bill, saying it is important The bill would allow a Nebraska “That’s a health risk to the people to have guidelines in place before this occupational board to require an ap- being served,” he said. November’s election. plicant pass an exam before granting a Kris Rohde, speaking on behalf of No one testified in opposition to license and would exclude occupations the Nebraska Nurse Practitioners and LB1086 and the committee took no governed by an interstate compact in the Nebraska Association of Nurse immediate action on it. which Nebraska participates. Anesthetists, testified against the La Grone said the bill would bill. Scopes of practice in Nebraska Easing of occupational licen- change the philosophy of licensure differ from other states, she said, for sure requirements proposed in Nebraska from whom should the example, anesthetists in Nebraska do state include to whom should the not require supervision while those in Certain occupational licenses state exclude from participating in other states do. would be easier to obtain in Nebraska the workforce. “You have people who are used to under a bill considered Feb. 13 by the “It’s better to let people do their practicing with someone telling them Government, Military and Veterans occupation and fill those positions,” what to do and you get used to that,” Affairs Committee. La Grone said. Rohde said. “So then you move to a LB1187, intro- Laura Ebke of the Platte Institute small town in Nebraska and you [don’t duced by Gretna testified in support of LB1187, saying have supervision] and you don’t know Sen. Andrew La it would not lower Nebraska’s licen- what you’re doing on your own. That Grone, would al- sure standards. puts a patient at risk.” low an occupation- “That implies that those working in Chris Callihan, president of the al board to grant occupations in Nebraska are uniquely Nebraska State Council of Electrical an occupational qualified to be psychologists, geolo- Workers, also testified in opposition. license or govern- Sen. Andrew La Grone gists, barbers, cosmetologists, electri- He said the bill would “water down”

106TH LEGISLATURE • UNICAMERAL UPDATE • PAGE 11 February 10 - 13, 2020

standards and undermine the 1,800 A Health and Human Services tration and licensing is to protect the electricians based in Nebraska. Committee amendment would re- consumers, you’d expect the consum- “Do they not deserve the respect quire a registered surgical technolo- ers to be lobbying for registration,” of earning that level of licensing?” gist to perform their duties under Hansen said. “I didn’t see any.” Callihan said. the authority of a licensed health The amendment failed on a vote of The committee took no immediate practitioner. It also would require any 22-12. Twenty-five votes were needed. action on LB1187. facility or person to report to the state The bill then failed to advance to Department of Health and Human select file on a vote of 15-12. Services any action taken against a surgical technologist based on his or Nail technology, body art her alleged incompetence. changes advance Sen. Suzanne Geist of Lincoln said she supported LB205 because A bill that would make several minimum standards should apply to changes to state law regulating nail Surgical technologist anyone working in an operating room. technology and tattoo artists advanced standards fail to advance “This is a different arena than a from general file Feb. 11. Lawmakers did not advance a bill hair salon,” Geist said. “At some point LB607, introduced last year by Sen. from general file Feb. 11 that would in a surgery this individual may have Mark Kolterman of Seward, would: establish a registry and a minimum their hands inside a human.” • create a three-day license for standard of competence for surgical Sen. Matt Williams of Gothenburg a “guest body artist” enabling technologists. also supported the bill. A registry him or her to work at a licensed LB205, as in- would become a recruiting tool, he tattoo establishment or under a troduced by Sen. said, by raising the credentials of surgi- licensed body artist; Mark Kolterman cal technologists. • create the position of nail tech- of Seward, would “There is a great deal of job satisfac- nology apprentice and allow require that surgi- tion and recognition that comes with an apprentice to work under a cal technologists: the fact that now they are recognized licensed nail technologist; • be at least 19 Sen. Mark Kolterman through a registry,” Williams said. • update the definition of cos- years old; Sen. John Arch of La Vista said metic tattooing; • have a high school or equivalent a registry was unnecessary, in part • add “natural nail” treatment— diploma; because there have been no reports work done on a person’s nails • be of good moral character; and of negative patient outcomes caused without adding to the nail—to • provide evidence of certifica- by surgical technologists. the definition of manicuring; tion, completion of an accred- “We don’t need more barriers; we and ited education program or a don’t need more costs,” Arch said. • allow the Board of Cosmetol- certified competency assess- Sen. Mike Groene of North Platte ogy, Electrology, Esthetics, Nail ment completed by a licensed said the bill would “hamstring” rural Technology and Body Art to health care professional. hospitals that already are struggling to administer licensing exams in A surgical technologist also would fill positions. multiple languages. be required to document any felony “This is professional protection- Kolterman said the bill was intend- or misdemeanor convictions when ism,” Groene said. “[Surgical tech- ed to update state law at the request applying to the registry. nologists] want to turn around and of the Board of Cosmetology, Electrol- Kolterman said the bill would pro- restrict other people to take the same ogy, Esthetics, Nail Technology and mote public health without creating path they did.” Body Art. The guest body artist desig- barriers to entry for the profession. Blair Sen. Ben Hansen also op- nation would allow out-of-state tattoo “There is a significant need for sur- posed LB205, saying there had been artists to come to Nebraska, he said. gical technologists to be regulated by no public outcry demanding action Sen. Mike Groene of North Platte the state for the safety of our citizens,” on the issue. opposed the bill, saying it wasn’t Kolterman said. “If the real, true function of regis- necessary.

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“It’s going to drive up the cost,” bars and vape and tobacco shops. not always have the necessary medica- Groene said. “Everyone has the right to breathe tions on hand. A Health and Human Services clean, smoke-free air,” Faustman “Taking this action will be a big Committee technical amendment was said. “No one should have to choose step in assisting our state EMS provid- adopted 29-0 and the bill advanced to between their health and a paycheck.” ers with the logistical and financial dif- select file on a vote of 25-1. Scott Lautenbaugh, testifying on ficulties they currently face,” he said. behalf of the Nebraska Vape Vendors Joel Sacks, fire chief of the Ponca Ban on indoor e-cigarette use Association, spoke against the bill. Hills Fire Department, testified in proposed He said fears of secondhand vapor support of the bill, saying his agency are unproven and the bill could hurt learned last year that hospital phar- Electronic smoking devices would vape shops financially by preventing macies were no long allowed to sell be banned from indoor public build- customers from sampling products. directly to EMS providers. ings under a bill considered Feb. 12 “It is crucial to these businesses Drugs purchased from wholesale by the Health and Human Services that people actually be able to vape companies often expire, he said, Committee. inside vape shops,” Lautenbaugh because smaller EMS providers must LB840, introduced by Grand Island said. “You’re protecting adult vapers acquire quantities that they cannot Sen. Dan Quick, from the alleged dangers—I should use in time. For example, he said, if an would amend the underline—from secondhand vape. EMS provider uses a dose of fentanyl Nebraska Clean That doesn’t make any sense.” and needs to restock, they have to pur- Indoor Air Act to The committee took no immediate chase a minimum of ten units—and the prohibit use of an action on LB840. medication currently is on backorder. electronic smoking “Approval of this bill will allow device that creates Bill seeks to alleviate EMS us once again to restock necessary an aerosol or vapor. Sen. Dan Quick drug shortage medications from the hospital on a Secondhand vapor is dangerous, he one-by-one basis in emergency situa- said, and Nebraskans deserve clean air Emergency medical service provid- tions,” Sacks said. in their public spaces and workplaces. ers would be able to restock prescrip- Also testifying in favor of the “Electronic smoking devices pro- tion medications from local hospital bill was Dave Huey of the Nebraska duce aerosol vapors that can expose pharmacies under a bill heard Feb. 13 Emergency Medical Services Associa- bystanders to nicotine, volatile organic by the Health and Human Services tion. He said some communities are compounds and heavy metals along Committee. considering downgrading their EMS with ultra-fine particles that go deep Brainard Sen. Bruce Bostelman, service from the advanced to basic into the lungs,” Quick said. sponsor of the level because of the current purchasing Teresa Anderson, testifying on be- bill, said current restrictions. half of Nebraska Local Public Health law allows for the “EMS is very limited in their bud- Departments, spoke in support of transfer of pre- get in a lot of communities,” Huey the bill. Children particularly are at scription drugs be- said, “so they’re considering not pro- risk of inhaling or ingesting nicotine, tween holders of a viding that level of care to their citizens she said. pharmacy license, because of the financial issue.” “There is no established safe level health care prac- Sen. Bruce Bostelman Joni Cover, CEO of the Nebraska of nicotine exposure,” Anderson said. titioners and hospitals to alleviate a Pharmacists Association, also testified “The aerosol from these devices leaves temporary shortage. LB1002 would in support of LB1002. The organization a chemical residue on surfaces creating add EMS providers to that list. would like local pharmacies to be able thirdhand exposure for employees and Bostelman said EMS providers to supply medications directly to EMS customers.” currently must purchase and restock agencies as well, she said, and is working Nick Faustman of the American the medications used in treatment with Bostelman to amend the bill. Cancer Society Cancer Action Network and transport only from wholesale “We sell every day to physician of- also supported LB840. He said the bill drug distributors, which are not local, fices,” Cover said. “This would be the would protect workers in restaurants, require minimum purchases and do same sort of thing.”

106TH LEGISLATURE • UNICAMERAL UPDATE • PAGE 13 February 10 - 13, 2020

No one testified in opposition to aging their business plans and many nism to fund treatment and preven- LB1002 and the committee took no nursing facilities questioned whether tion of opioid addiction. immediate action on it. they would be able to continue accept- LB1124, introduced by Omaha ing Medicaid patients,” Williams said. Sen. Sara Howard, Bill would prevent new Cindy Kadavy, testifying on behalf would create the methodology for Medicaid of the Nebraska Health Care Asso- Nebraska Opioid rate changes ciation, supported the bill. She said Recovery Fund as involving organizations like hers in the repository of The Health and Human Services discussions of any changes increases any funds that the Committee considered a bill Feb. 12 transparency in the process. state may receive that would require the state Depart- “There is no need to remove the from a federal De- Sen. Sara Howard ment of Health and Human Services methodology from the regulations in partment of Justice lawsuit against to keep its Medicaid reimbursement order to make changes to that meth- opioid manufacturers accused of rate methodology within its existing odology,” Kadavy said. deceptive advertising. rules and regulations process. Jim Ulrich, testifying on behalf of The bill also would require the state LB1053, sponsored by the commit- the Nebraska Hospital Association, Department of Health and Human tee, would clarify that any change to also supported LB1053. Collaboration Services to report annually to the Leg- the methodology is considered sub- between health care providers and islature, governor and attorney general stantive and would require rule and DHHS ensures that accurate data is regarding how funds were distributed regulation-making proceedings under used in any rate changes, he said. and the outcomes achieved. the Administrative Procedure Act. “This bill would codify the good Howard said the state has not Sen. Matt Wil- policy of assuring transparency and received any money from the lawsuit liams of Gothen- fairness in the consequential decision- yet, but she expects multiple future burg introduced making process of impacting rate payments. the bill on behalf methodology,” Ulrich said. “This is important enough that we of the committee. Jeremy Brunssen, interim director should consider it this year,” she said. He said the rate of the DHHS Division of Medicaid Lynn Rex of the League of Nebras- methodology is and Long-Term Care, spoke against the ka Municipalities spoke in support used to calculate Sen. Matt Williams bill. He said keeping the methodology of the bill. She said it is “a matter of the amount of reimbursement that under the Administrative Procedure when and not if” Nebraska will receive nursing facilities and hospitals receive Act is duplicative and burdensome. settlement money. for the care of Medicaid patients. “With the constantly evolving “We think it is critically important The department announced last health care market, making timely ad- and we think Nebraska should be posi- year that it would remove the reim- aptations to payment methodologies is tioned so that when these funds come in bursement rate methodology from essential, and we believe utilizing the there is a place to put them,” Rex said. its rules and regulations process, he state plan is a better vehicle for these Joshua Shasserre of the Nebraska said, and that it had developed a new changes,” Brunssen said. “Medicaid attorney general’s office also support- flat-rate methodology to calculate the disagrees with the requirement out- ed LB1124. Settlement negotiations Medicaid reimbursement amount for lined in this bill and does not believe are ongoing, he said, and it is possible nursing facilities. it is best practice.” that Nebraska could receive settlement Williams said his office was “flood- The committee took no immediate money later this year. ed” with calls from nursing home and action on LB1053. No one testified in opposition to hospital administrators who wanted the bill and the committee took no to continue being included in rate Opioid addiction treatment, immediate action on it. calculation discussions. prevention fund proposed “We were told that not having Bill would create health data the rate methodology implemented The Health and Human Services oversight board through a formal, public process intro- Committee heard testimony Feb. 13 duced too much uncertainty in man- on a bill that would create a mecha- Creation of a new board to over-

PAGE 14 • UNICAMERAL UPDATE • 106TH LEGISLATURE February 10 - 13, 2020 see the state’s health information Initiative, spoke in support of the bill. exchange was considered Feb. 13 Before the state created the PDMP, by the Health and Human Services Polich said, health care providers often Committee. lacked access to critical data. Now the LB1183, as introduced by Sen. data exists but isn’t always accessible, Increased transparency John Arch of La she said. for death penalty process Vista, would create “We stand behind the formation advanced the Health Infor- of the [health information technol- mation Technology ogy] board to support and promote Lawmakers gave first-round ap- Board, composed an open dialogue between providers proval Feb. 13 to a bill that seeks to of health care pro- and other stakeholders,” Polich said. increase transparency in the state’s fessionals and oth- Dr. Bob Rauner also testified in execution protocol. er stakeholders. Sen. John Arch support of LB1183. Screenings for LB238, introduced by Lincoln Sen. The bill would require the 14-mem- diseases like colon and breast cancer Patty Pansing ber board to establish criteria for differ greatly across the state, he said, Brooks, would data collection and disbursement with urban Nebraskans receiving more require that two by the statewide health information care than those living in rural areas. members of the exchange. The bill would help give decision mak- Legislature—se- The board would assure that in- ers access to that data, he said. lected by the formation contained in the exchange “[With the data] we’d know what Legislature’s Ex- was accessed, used and disclosed in was working and we’d know where to ecutive Board— Sen. Patty Pansing Brooks accordance with the federal Health target our resources,” Rauner said. be present to view all executions carried Insurance Portability and Account- Also testifying in support was Kevin out under the state’s death penalty. ability Act and also would oversee Borcher, director of the state’s PDMP. During the 2018 execution of Nebraska’s prescription drug monitor- He said health care information is Carey Dean Moore, Pansing Brooks ing protocol. an “ever-evolving” field and that the said, legally required witnesses were Arch said he planned to introduce proposed board would help adapt to barred from viewing the proceedings an amendment that would increase changes. for 15 minutes. the board membership to 17 and “Wouldn’t it be nice, as you’re see- “I’m aware that Nebraska voters address other concerns raised by the ing an increase in influenza, to have have spoken when they voted to state Department of Health and Hu- pharmacies report their prescriptions reinstate the death penalty in 2016, man Services. they’d dispensed of [anti-flu medica- and I acknowledge that vote by the Information technology is an inte- tion]?” Borcher said. people,” she said. “However, LB238 is gral part of health care delivery and Dr. Gary Anthone, chief medical not about whether the death penalty the prevention of opioid abuse, Arch officer of the DHHS Division of is right or wrong, it’s about whether said, and LB1183 would allow the Public Health, testified in opposition we have proper government account- state to respond quickly to changes to LB1183. He said the bill contains ability and transparency in carrying in the prescription drug monitoring no mechanism for public comment out this grave and somber event as protocol. and the proposed board would lack required by law.” “This bill does not transfer own- defined processes. The bill also would require the state ership or responsibility of the data. “The lack of clarity on the data Department of Correctional Services It does not eliminate the duties of rights and ownership of PDMP and to allow all execution witnesses to DHHS with respect to the PDMP,” other data would result in insufficient view the process continually from the Arch said. “It simply creates an over- safeguards to protect data release, moment the inmate enters the execu- sight board for the collection and privacy and confidentiality,” Anthone tion chamber until the moment he disbursement of health information.” said. or she is pronounced dead, without Dr. Ann Polich, testifying on behalf The committee took no immediate any impediment to their line of sight. of the Nebraska Medical Association action on the bill. Additionally, LB238 would allow and the Nebraska Health Information any person performing an execution

106TH LEGISLATURE • UNICAMERAL UPDATE • PAGE 15 February 10 - 13, 2020 to wear a mask or otherwise conceal “If a situation arises [where] an could not be im- their personal identity. individual commits a crime such as an posed upon a Omaha Sen. Megan Hunt sup- assault, and the safest place for them, person who was ported the bill. She said that current their peers, administration and guards under 21 when Nebraska law does not guarantee that is to be in a secure jail setting, I un- the crime was witnesses can view a prisoner during derstand that,” he said “I just believe committed. the entire process, hear what is hap- that the city or county jail should be Research has pening in the execution chamber or reimbursed for lodging by the Depart- shown that a Sen. Patty Pansing Brooks know which drug was administered ment of Correctional Services.” person’s brain is not fully developed and how the prisoner died. Facilities included in the bill’s until age 25 or 26, Pansing Brooks “By preventing witnesses from provisions are secure youth confine- said, which makes it impossible for a observing and listening to the entire ment facilities operated by the state judge sentencing a juvenile to accu- execution process, we’re limiting mean- Department of Correctional Services, rately predict the juvenile offender’s ingful discussion and oversight that we YRTC-Kearney, YRTC-Geneva and potential to rehabilitate. have a responsibility [to have] as part any juvenile chemical dependency “When we sentence youth under of this very, very serious carrying out program or juvenile psychiatric resi- 18 to life in prison without parole, we of the execution process,” Hunt said. dential treatment facility operated by are sentencing them to die in prison Sen. Mike Hilgers of Lincoln sup- the state Department of Health and and taking away all hope,” she said. ported the bill, but expressed concern Human Services. “Under LB1117, these children may regarding a lack of clarity in how Dan Schleusener, representing still receive harsh sentences, but they members of the Legislature would be the Buffalo County Sheriff’s Office, also know that they ... can come to chosen as witnesses. testified in support of LB978. The terms with their mistakes and someday “The idea that someone may be standard reimbursement rate would return to society and become produc- required to view the execution gives be $89 per day, per inmate, plus the tive citizens.” me some pause,” he said. cost of any medical treatment, he said. The sentence for a person under 21 Senators advanced the bill to select “If Buffalo County is to continue who is convicted of a Class IB felony file on a 33-7 vote. housing youth from [YRTC-Kearney] would be restricted to a minimum of that are the responsibility of the state no greater than 20 years and a maxi- Reimbursement proposed for for crimes committed at a youth facil- mum sentence of 60 years. city and county jails ity, we’d ask the county be reimbursed Finally, the bill would permit of- at a rate similar to what the state fenders under 21 to be transferred Local jails that take on additional charges [to house county inmates],” from juvenile to county or district juvenile inmates would be reimbursed Schleusener said. court if the alleged offense is: for certain costs under a bill considered No one testified in opposition to • a Class I, IA, IB, IC, ID, II by the Judiciary Committee Feb. 12. the bill and the committee took no OR IIA felony committed by a LB978, sponsored by Glenvil Sen. immediate action on it. person between ages 14 and 18; Dave Murman, • a traffic offense committed by a would reimburse Sentencing changes proposed person 11 or older; or city and county for young offenders • a misdemeanor—other than a jails for the cost minor traffic offense—commit- to house juveniles Members of the Judiciary Commit- ted by a 16- or 17-year-old. who have escaped tee heard testimony Feb. 13 on a bill Testifying in support of the bill was from or committed that would change sentencing proce- Shakur Abdullah of Omaha. Abdullah crimes at certain Sen. Dave Murman dures for certain crimes committed by received a death sentence at 17, he state-operated juvenile facilities. people under 21. said, but the decision was overturned Murman said the idea for the bill Under LB1117, sponsored by by a U.S. Supreme Court decision that arose from several hearings about the Lincoln Sen. Patty Pansing Brooks, found judges should have flexibility Youth Rehabilitation and Treatment a sentence of death or life imprison- in sentencing minors convicted of Centers in Kearney and Geneva. ment without the possibility of parole serious offenses.

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“There are all of these [studies] that age containers and safe storage of ma that would result for both mother say children are too young for various milk also would be guaranteed under and child when a toddler ages out of things in society like voting or buying the bill. the bill’s provisions at 24 months and tobacco,” Abdullah said. “These are Cavanaugh said that between 5 and the mother must remain to serve out serious offenses, but these are serious 10 percent of women entering jail do a substantial sentence. offenses committed by children.” so while pregnant. As introduced, the bill would Juliet Summers, representing Voic- “Breast milk has numerous health apply not only to women who are es for Children in Nebraska, also sup- benefits to both the mother and child, pregnant when they become incarcer- ported LB1117. She said the bill would including low rates of diabetes, im- ated, Frakes said, but all incarcerated allow youth to receive age-appropriate, proved antibodies and strengthening mothers with children younger than evidence-based treatment. the bond between mother and child,” 24 months. “Even children who commit seri- she said. “It should be encouraged “While studies indicate lower re- ous crimes are still children and we whenever possible.” cidivism among mothers who partici- should respond to [juvenile] crime in The bill also would prevent physical pate in nursery programs, there’s no a thoughtful and effective way that separation of a child younger than 24 research to support the effectiveness preserves community safety, contrib- months from his or her mother, un- of letting women bring their children utes to Nebraska’s prosperity and gives less a facility administrator determines with them to prison,” he said. “Nor is both children and communities the that doing so presents a clear and im- there information about the long-term protection they need,” Summers said. minent danger to the child. effects on children who are brought Opposing the bill was Jim Maguire, Each facility operator would be re- from the community and exposed to president of the Nebraska Fraternal quired to develop a parent separation a prison environment.” Order of Police. A severe offense re- policy, which would include a process The committee took no immediate quires a severe penalty, he said. for placing an infant with their mother, action on the bill. “[We] do not believe in jailing folks a plan to provide for lactation and and throwing away the key,” Maguire information regarding the mother’s Limits proposed for restrictive said. “However, I am unconvinced parental rights while in custody. housing use that someone who is 18, 19 or 20 Juliet Summers, representing Voic- years old doesn’t know that he can’t es for Children in Nebraska, spoke The Judiciary Committee heard kill somebody.” in support of the bill. As Nebraska testimony Feb. 12 on two bills that The committee took no immediate undergoes the planning process to would impose restrictions on inmate action on the bill. modernize the state’s troubled Youth confinement. Rehabilitation and Treatment Center LB1208, sponsored by Omaha Bill would ensure rights of system, she said, lawmakers have a Sen. Tony Vargas, incarcerated mothers moment of opportunity to radically would prohibit the rethink all aspects of correctional pro- state Department The Judiciary Committee heard gramming. of Correctional testimony Feb. 12 on a bill that seeks “Developing clear policies regard- Services from plac- to keep infants with their incarcerated ing family separation, investing in an ing an inmate in mothers whenever possible. appropriate living space for children restrictive housing LB1171, sponsored by Omaha Sen. to safely reside postpartum with their for more than 15 Sen. Tony Vargas Machaela Cavanaugh, would require mother whenever possible and incor- consecutive days. that a lactating porating hands-on parenting into a After the 15 days, an inmate who is mother be given mother’s individualized treatment a member of a vulnerable population the opportunity plan would truly reflect Nebraska’s would be classified to general popula- to nurse or ex- family values,” Summers said. tion status. Vulnerable populations press milk for Opposing the bill was Scott Frakes, include inmates who are younger her infant. A director of the Nebraska Department than 18, pregnant or diagnosed with a breast pump, of Correctional Services. He said serious mental illness, developmental breast milk stor- Sen. Machaela Cavanaugh LB1171 does not account for the trau- disability or traumatic brain injury.

106TH LEGISLATURE • UNICAMERAL UPDATE • PAGE 17 February 10 - 13, 2020

Vargas said the department’s ex- bill. As a formerly incarcerated person, “Our suspicion is that there are a lot cessive use of restrictive housing is he said that the use of restrictive housing more than we believe and it is beneficial directly related to the correctional only exacerbated trauma he experienced for this legislature in making policy system’s overcrowding problem. when his mother left him as a child. that we ensure that the restriction on “The Legislature passed [legisla- “It doesn’t take months in [segrega- restrictive housing is implemented tion] in 2015 that fortunately led to tion] to lose your mind, but seconds and and carried out in a way that we’re not some reform of the use of restrictive minutes,” Lopez said. “When you’re ignoring these folks and pretending housing,” he said. “However, the fre- placed in restrictive housing, it’s a feeling like we don’t have a problem,” he said. quency of inmates placed in restrictive of abandonment all over again.” The bill also would require that all housing is still troublingly high.” Opposing the bill was NDCS Direc- current inmates receive the screening. LB1208 would prohibit “double tor Scott Frakes. LB1208 was designed Any inmate who receives a “positive” bunking,” or placing two inmates in with no input from the department, result for mental illness, developmen- the same cell in restrictive housing. he said, and would create “completely tal disability or traumatic brain injury The department could not place an unreasonable” expectations. would be presumed to be a member inmate in restrictive housing for more “We’ll continue to raise the bar of a vulnerable population. than 90 days in a calendar year unless when it comes to reducing [the use of] Peggy Reisher, executive director of a specialized inmate classification com- restrictive housing,” Frakes said. “What the Brain Injury Alliance of Nebraska, mittee determines it to be appropriate. will not work is to subject the agency to spoke in support of the bill. States that Before the department could ex- legislation that creates policy language have implemented such screenings ceed the 90-day limit, the committee rather than expected outcomes.” have found that 50 to 80 percent of must find that less restrictive housing Michael Chipman, president of the their populations test positively, she is unsuitable because of a continuing Fraternal Order of Police for correc- said, compared to 5 to 25 percent of and serious security threat. tions officers, also spoke in opposition nonincarcerated individuals. LB1208 also would require that to the bill. He said it would create an “[LB786] gives us an opportunity four out-of-cell hours be provided to unsafe working environment within to both identify and measure if brain inmates retained in restrictive housing the current correctional infrastructure. injury is indeed an issue in our state between 15 and 180 consecutive days “The only way to provide the 4 and prison system,” Reisher said. “If the and six out-of-cell hours for inmates 6 hours of out-of-cell time now would screening indicates that there are confined for more than 180 days. be to leave the doors to the galleries a number of individuals who have All inmates in restrictive housing open,” Chipman said. “Staff at [Tecum- [traumatic brain injuries], then it’s would receive mental health treatment seh State Correctional Institution] told important to the discussion we’re as prescribed and all necessary clinical me that this was attempted many years having about prison reform.” programming recommended by the state ago and that staff assaults skyrocketed.” Opposing the bill was Harbans Board of Parole. Finally, the bill would The committee also heard testi- Deol, medical director for NDCS. He prohibit the release of inmates held in mony on LB786, sponsored by Omaha said the bill would duplicate a process restrictive housing into the community Sen. Steve Lathrop. that currently is in place, requiring the without transitioning back to general As introduced, it department to hire more psychologists population for at least 120 days first. would require that in a market where there is a shortage of Speaking in support of the bill was all inmates housed qualified mental health professionals. Danielle Conrad, representing the within NDCS be The committee took no immediate ACLU of Nebraska. She called the screened for trau- action on either bill. use of restrictive housing in Nebraska matic brain injury, a “human rights crisis.” developmental dis- Sen. Steve Lathrop Caretaker diversion programs “Solitary confinement reform is ability and severe mental illness upon considered not a political issue and it should not initial admission to a facility. be a political issue,” Conrad said. Lathrop said there likely are far Cities and counties could establish “Without meaningful reform, the more people with traumatic brain special diversion programs for certain non- status quo hurts us all.” injuries within the correctional system violent offenders under a bill discussed by Timothy Lopez also supported the than have been diagnosed. the Judiciary Committee Feb. 13.

PAGE 18 • UNICAMERAL UPDATE • 106TH LEGISLATURE February 10 - 13, 2020

Under LB1209, sponsored by Oma- ily members who have been separated tinue the progress we’ve made.” ha Sen. Tony Vargas, a city or county by incarceration, she said, she under- Tom Riley, representing the Ne- could create a di- stands the price children pay for their braska Criminal Defense Attorneys version program parent’s decisions. Association, spoke in favor of the for defendants who “To have [LB1209] and have the measure. The state has to stop think- are charged with an opportunity for education, parenting ing about the criminal justice system eligible offense and classes and to create and maintain a as a “lock them up and throw away the are a primary care- support system ... can make a better fu- key” situation, he said. giver for a child. ture for these children,” Guilliatt said. “[Inmates] may be eligible for pa- Vargas said sep- Sen. Tony Vargas Also speaking in support was Spike role when they’re [old], but the Nebras- aration of a child from an incarcerated Eickholt, representing the ACLU ka Supreme Court isn’t going to do parent can have long-lasting effects. of Nebraska. He said the bill would anything about excessive sentences,” “When incarceration separates a provide an important alternative to Riley said. ‘They’ve made it quite clear child from their parent, the outcomes incarceration and traditional impris- that as long as a sentence is imposed for the child are rarely good,” he said. onment for nonviolent offenders. within the statutory guidelines, they’re “Kids often enter foster care and the No one spoke in opposition to the not going to touch it unless there’s absence of strong family ties impacts bill and the committee took no im- been an extreme abuse of discretion.” a child’s physical, emotional and psy- mediate action on it. Opposing LR281CA was Corey chological health.” O’Brien, speaking on behalf of the state Eligible offenses would include any Constitutional amendment attorney general’s office. The measure nonviolent felony or misdemeanor could result in shorter sentences would create a separation of powers violation of a city or village ordinance, conflict, he said, by investing author- excluding any offense classified as a A proposed state constitutional ity in the court system that currently is Class I, IA, IB, IC, ID or II felony. amendment that would give the reserved only for the executive branch. Among the caregiver diversion courts more flexibility in sentencing The committee took no immediate programs authorized under the bill are was heard by the Judiciary Commit- action on the bill. parenting classes, family counseling, tee Feb. 13. mental health education and treat- LR281CA, sponsored by Omaha ment, drug and alcohol treatment, Sen. John McCol- domestic violence education and lister, would amend counseling and job training. the Nebraska Con- The bill additionally would exclude stitution to allow Early deer hunting permits any offense in which: lawmakers to enact amended, advanced • the victim is a person for whom legislation permit- the defendant is the primary ting courts to reduce A bill that would allow qualifying caregiver; final sentences. Sen. John McCollister landowners to hunt deer before the • registration as a sex offender is If passed, the resolution would regular firearm deer hunting season required; place the question on the November advanced to the final round of debate • sexual contact or penetration 2020 general election ballot. Feb. 13 after lawmakers amended it to was involved; McCollister said the proposal include a small permit fee. • a threat to inflict serious bodily would allow a trial court judge to LB126, as in- injury or death on another per- review an inmate’s sentence, similar troduced last ses- son occurred; or to the authority currently invested in sion by Venango • an attempt to conspire, solicit the state Board of Pardons. Sen. Dan Hughes, or assist the commission of a “Sentencing reform is a major focus would require the felony was made. of our efforts here in Nebraska and state Game and Michelle Guilliatt of Lincoln spoke nationwide to improve the criminal Parks Commission in support of the bill. As someone in justice system,” he said. “LR281CA to issue up to four Sen. Dan Hughes the middle of five generations of fam- would allow the Legislature to con- free firearm deer hunting permits to

106TH LEGISLATURE • UNICAMERAL UPDATE • PAGE 19 February 10 - 13, 2020 qualifying landowners and their des- and a thank you.” no longer meets the eligibility criteria. ignated immediate family members. Sen. Bruce Bostelman of Brainard LB770 also would increase the Senators amended the bill on gen- opposed LB126, saying it would not ad- maximum fee for a nonresident mo- eral file to shorten the period during dress the state’s depredation problem. tor vehicle annual park entry permit which the permits would be valid to “I think the majority of sportsmen from $45 to $65. It would increase the the Saturday through Wednesday im- … across the state oppose the bill,” he maximum fee for a nonresident motor mediately preceding the opening day said, “and a great number of landown- vehicle temporary park entry permit of the firearm deer hunting season. ers oppose the bill as well.” from $8 to $12. Hughes introduced an amendment Also in opposition was North Platte Gragert said the proposed increase on select file that would impose a Sen. Mike Groene. He said the early in maximum fees for nonresident per- $5 fee on each permit and further deer hunting season would conflict with mits would cover the cost of providing shorten the valid period to the Sat- the start of pheasant hunting season. the free disabled veteran permits. urday through Monday immediately “That’s a big weekend,” Groene Senators voted 38-0 to advance the preceding the opening day of firearm said. “And now we’re going to have bill to select file. deer hunting season. rifles out there—the two don’t mix.” It also would specify that no more After voting 27-3 to adopt the Proposal to bar cities from than one permit would be issued per Hughes amendment, senators voted banning single-use plastics person for the qualifying landowner 25-6 to advance LB126 to final reading. discussed or any designated member of their immediate family. No more than two Free park entry permit for Local governments could not ban could be issued to individuals younger disabled veterans advanced single-use plastics and certain other than 19, and no more than two could materials under a bill heard Feb. 12 be issued to those who are 19 or older. Lawmakers gave first-round approv- by the Natural Resources Committee. Hughes said the new provision al Feb. 12 to a bill that would allow Introduced by Sen. Dan Hughes of is meant to promote hunting by the certain disabled veterans to apply for Venango, LB861 state’s youth. He said the fee would a free lifetime state park entry permit. would prohibit a help offset the commission’s costs Introduced by Creighton Sen. Tim county, municipal- to implement the bill and allow it to Gragert, LB770 ity or agency from qualify for a federal program under would require the adopting, enforc- which the commission receives federal state Game and ing or administer- funds for each hunting permit it sells. Parks Commission ing an ordinance Hughes said the proposal could re- to create and issue or resolution that Sen. Dan Hughes sult in more private land being opened a free park entry prohibits the use of or sets standards, to hunters during the regular firearm permit for quali- fees or requirements regarding the deer hunting season. fied disabled veter- Sen. Tim Gragert sale, use or marketing of “consumer “If the landowner has had the ans in addition to the existing annual merchandise and containers.” chance to harvest his deer,” he said, and temporary permits. The prohibition would not apply to “they’re going to open up their land To qualify, a veteran must be a county, municipality or agency recycling for other hunters, especially if they Nebraska resident who has been or solid waste collection programs. have a deer problem.” honorably discharged and either rated The bill defines consumer mer- Sen. Rob Clements of Elmwood by the U.S. Department of Veterans chandise, in part, as merchandise that supported the amendment and the bill, Affairs as 50 percent or more disabled is offered for or provided with sale saying he appreciates that landowners as a result of service in the U.S. mili- or lease and “any container used for lose money feeding the state’s deer. tary or receiving a pension from the consuming, carrying, or transporting “Although I’d probably rather have department as a result of total and such merchandise.” them get paid for the dollar amount permanent disability that is not con- It defines a container as a single-use that they suffer,” he said, “I am glad to nected to military service. or reusable bag, cup, package, con- recognize that the state does want to The permits would be perpetual and tainer, bottle or other packaging made give them somewhat of an allowance would become void only if a veteran of cloth, paper, plastic, cardboard,

PAGE 20 • UNICAMERAL UPDATE • 106TH LEGISLATURE February 10 - 13, 2020 aluminum, glass or certain other landfill,” Gubbels said. product, such as the desire to mitigate materials and that is “designed for Also testifying in support was Kathy litter’s effects on ecosystems or wildlife, consuming, protecting or transporting Siefken of the Nebraska Grocery Indus- improve public health or reduce toxins. merchandise, food or beverages from try Association. She said bans on single- “This bill isn’t proposing a solution or at a food service or retail facility.” use plastic bags, such as the one passed at all,” she said. “It’s just limiting our Hughes said LB861 would ensure by the Omaha city council and vetoed own local governments from creating that Nebraska businesses are not by Omaha’s mayor last year, make “win- their own innovative solutions for burdened by varying or conflicting ners and losers” of stores based on what reduction and recycling.” regulations on those materials in they sell and ignore the fact that plastic The committee took no immediate different jurisdictions. He said local bags take fewer resources to make than action on the bill. governments have considered bans paper bags. or taxes on plastic bags, bottles, cups, “The single-use plastic bag is an Updated utility disconnection cutlery and other items that, if en- environmentally friendly item that … requirements proposed acted, would subject businesses to a should not be banned in local areas,” regulatory “amalgamation.” Siefken said. Public and private utility companies “It would have made it impossible Ron Sedlacek testified in support could not charge an unreasonable fee for them to comply with regulations of LB861 on behalf of the Nebraska for the discontinuance or reconnection within their communities, across state Chamber of Commerce and Industry, of service under a bill heard Feb. 13 lines and the global economy,” he said. the National Federation of Inde- by the Natural Resources Committee. Additionally, Hughes said, LB861 pendent Business in Nebraska, the Sen. Sue Crawford of Bellevue, would encourage manufacturing Greater Omaha Chamber and the sponsor of LB933, methods that reduce waste by creating Lincoln Chamber of Commerce. said the bill con- products that are adaptable to second- Sedlacek said the bill would cre- tains several “small ary uses through processes such as ate a “friendly climate” for Nebraska but important biomass and pyrolysis, the decomposi- retailers as well as manufacturers, shifts” in state law tion of materials at high temperatures. processors and distributors. He said regarding utility Jim Otto testified in support of approximately 20 states including shutoffs that would the bill on behalf of the Nebraska Colorado, Iowa and Missouri have give those with seri- Sen. Sue Crawford Retail Federation and the Nebraska enacted some type of statewide regu- ous medical challenges more flexibility. Restaurant Association. Otto said lation on containers and packaging. “No one should have to die because “patchwork regulation” complicates Michael J. O’Hara testified in op- they were late on their electric bill,” container distribution and increases position to LB861 on behalf of the she said. costs for retailers and restaurants. Nebraska chapter of the Sierra Club. Current law prohibits most public “It is our position that something He said retailers want a “ban on bans” and private utilities from discontinu- this important deserves statewide at- and opposed statewide regulation ing service to subscribers for nonpay- tention and that the passage of LB861 under another bill introduced this ment unless it first notifies them. will encourage the development of a session that would impose a 5-cent fee The notice must include a state- well-thought-out and comprehensive on single-use plastic bags. ment to the effect that disconnection statewide recycling policy,” he said. “No regulation is not statewide may be postponed or prevented if Dale Gubbels, president of an regulation,” O’Hara said, “and that’s a subscriber presents a note from Omaha recycling company, also testi- what this would propose.” a physician certifying that the sub- fied in support. He said pyrolysis can Megan Jackson testified in op- scriber or a resident in the subscriber’s help reduce the amount of plastic sent position to the bill on behalf of the household “has an existing illness or to landfills by turning it into diesel fuel, Nebraska Recycling Council, saying handicap which would cause such heating oil and naphtha, from which it would strip away cities’ authority to subscriber or resident to suffer an new plastic products can be made. regulate or manage plastic pollution immediate and serious health hazard “This would be an in-state end in their communities. by the disconnection of the utility’s market for something that we’re now She said cities may have a number of service to that household.” paying easily $20 million a year to reasons to ban or regulate a particular The subscriber must file the certifi-

106TH LEGISLATURE • UNICAMERAL UPDATE • PAGE 21 February 10 - 13, 2020 cate with the utility within five days of monitoring from the possibly danger- heard testimony Feb. 13 on a bill that receiving the notice. The certificate ous consequences of utility shutoffs. would require Nebraska public power prevents disconnection for 30 days. “A bill that would provide a reason- suppliers to generate a certain amount LB933, as introduced, would ex- able ... notification timeframe and of their electricity from renewable tend that grace period to at least 60 then remedies for then paying off sources by the end of the decade. days and allow the certificate to be unpaid balances is not only humane Under LB1205, introduced by provided by a physician’s assistant or but potentially lifesaving,” Kay said. Omaha Sen. John McCollister, pub- advanced practice registered nurse. It Karen Bell-Dancy, executive direc- lic power suppli- also would give customers five business tor of the YWCA of Lincoln, also ers would place days to file the certificate. testified in support. She said a survey renewable electric Additionally, the bill would prohib- of YWCA program participants found power generation it a public or private utility company that utility shutoffs can often lead to capacity in service from charging a fee for the discon- eviction, loss of housing assistance and in three stages by tinuance or reconnection of service the removal of children from a home. building or ac- that exceeds the reasonable costs of “We are concerned about the quiring renewable Sen. John McCollister providing such service. frequency of this happening and the energy production facilities or by Crawford said the bill would make lack of process in place to protect entering into contracts to purchase additional changes to clarify that Nebraskans who are facing difficult electricity from renewable energy utilities are required to postpone a times,” Bell-Dancy said. production facilities. disconnection upon presentation of Kristen Gottschalk of the Nebraska “LB1205 would ensure Nebraskans the certificate and to allow utilities to Rural Electric Association provided neu- that electric utilities will be doing the determine whether they will provide tral testimony on the bill. She said the best they can for our citizens and for more than one postponement for each association opposed the original bill’s our environment,” McCollister said. incident of nonpayment. proposed extension of the grace period The bill would require a supplier to Finally, LB933 would require a to 60 days out of concern that it would have a renewable electric power gen- public or private utility company to allow a customer to go further into debt. eration capacity equal to 35 percent make certain service termination Gottschalk said few disconnections of its median annual generation for information “readily accessible to the take place after a notice is sent and 2019 through 2020 in service by the public” on its website and available by that NREA members work with cus- end of 2022. mail upon request. tomers who have trouble paying their It would require a supplier to have Crawford said a forthcoming bills. The vast majority of its members a capacity equal to 55 percent of its amendment would leave the current have never disconnected a customer median annual generation for 2023 30-day grace period in place as a result after confirming that the person had through 2025 in service by the end of a compromise with utilities. a medical condition, she said. of 2026 and a capacity equal to 75 Trisha Thompson of Nebraska Ap- Gottschalk said the NREA supports percent of its median annual genera- pleseed testified in support of the bill. the rest of the proposed changes, but tion for 2027 through 2029 in service She said a Nebraska Appleseed study suggested that greater coordination and by the end of 2030. of the shutoff policies, rates and fees awareness of the programs available to In addition to solar and wind en- of approximately 70 Nebraska power help those facing utility shutoffs also ergy facilities, the bill would include providers found that more than 10 could help address the problem. demand-side management, waste percent had no formal written policy No one testified in opposition to management, cogeneration, agricul- related to service disconnection, LB933 and the committee took no tural crop residue energy generation underscoring the need to require immediate action on it. and wood burning facilities in a list of companies to post that information. renewable energy generation facilities. Also testifying in support was Kathy Renewable energy standard The definition excludes any form of Kay of the League of Human Dignity. for public power suppliers waste incineration for energy recovery. She said LB933 would help protect considered McCollister brought an amend- Nebraskans who rely on electricity ment to the hearing that he said would for mobility, oxygen, dialysis or heart The Natural Resources Committee allow a public power supplier’s board

PAGE 22 • UNICAMERAL UPDATE • 106TH LEGISLATURE February 10 - 13, 2020 of directors to opt out if they decide tric System, testified in opposition to LB1054, introduced by Seward that complying with the proposed LB1205 on behalf of the Nebraska Pow- Sen. Mark Kolterman, would update requirements would affect the reliable er Association. She said the proposed plans within the operation of its power system. timeline is “incredibly aggressive” Nebraska Public He said the amendment also because utility-scale battery storage Employees Retire- would add nuclear power plants to technology is not widely available yet. ment Systems to the proposed list of renewable energy Sahling-Zart said the proposal comply with new generation facilities. would take power away from locally provisions under Katie Torpy testified in support elected public power boards that must the SECURE Act of LB1205 on behalf of the Nature consider the cost, safety and reliability passed by Congress Sen. Mark Kolterman Conservancy, saying it would “set of transitioning to additional renew- and signed into law in late 2019. Nebraska on a clear path away from able electric generation capacity. Under the federal changes, the age fossil fuels” and reduce the greenhouse Some public power suppliers, trigger for the Required Minimum gas emissions that are a major cause of including the Omaha Public Power Distribution increases from age 70 1/2 climate change. District, already have set goals to to age 72 for individuals who reach 70 “Clearly we’re not on track to reduce the amount of electricity they 1/2 on or after Jan. 1, 2020, he said. achieve the aggressive emissions re- generate using fossil fuels, she said, “The RMDs determine when the ductions needed to avoid the worst and one-third of the LES portfolio deferral ceases for the distribution of impacts of climate change,” she said. now includes renewable sources. payments of pension benefits,” Kolter- “Taking this action would reduce Also testifying in opposition was Kris- man said. “The stated congressional greenhouse gas emissions and hopeful- ten Gottschalk, government relations rationale for [changing] the RMD ly stave off the worst consequences.” director for the Nebraska Rural Electric requirement is a recognition that David Corbin testified in support of Association. She said the bill’s “aggres- individuals are working longer and the bill on behalf of the Public Health sive timeline” would be impossible for living longer.” Association of Nebraska. He said a 2015 NREA members to meet without sig- He said a required actuarial report American Public Health Association nificantly increasing costs to customers. concluded that LB1054 would not policy advocates for transitioning to re- Gottschalk said LB1205 also would have a cost impact on the defined newable energy sources and eliminating not address the loss of jobs or stranded benefit plans administered by the coal-fired power plants because it would investments associated with the likely Nebraska Public Employees Retire- save thousands of lives by preventing closure of coal-fired power plants. ment Board. respiratory conditions such as asthma. “Does the bill really intend to Lawmakers advanced the bill to Also in support was Kristen create a renewable energy portfolio,” select file on a 35-0 vote. Ohnoutka, a research fellow at a she said, “or is it intended to create renewable energy development or- job security for renewable resource ganization. She said Nebraska has developers?” “tremendous potential” for renewable The committee took no immediate energy generation but remains one of action on the bill. the few states that has not set a renew- Sales tax turnback for water, able energy generation standard. sewer projects stalls Between 2006 and 2016, Ohnout- ka said, Nebraska was the only state to A bill that would turn back a por- increase its investment in coal. tion of the state sales tax collected on “A renewable standard sends a mes- water and sewer services to help cities sage to renewable energy companies, Retirement update advanced and utilities pay for infrastructure investors and private corporations upgrades stalled on first-round debate that Nebraska is a serious place to do A bill that would bring Nebraska’s Feb. 10. business,” she said. state-administered retirement plans into LB242, as introduced by Omaha Shelly Sahling-Zart, vice president compliance with recent federal changes Sen. Brett Lindstrom last session, and general counsel of Lincoln Elec- advanced from general file Feb. 10. would require the state to pay each

106TH LEGISLATURE • UNICAMERAL UPDATE • PAGE 23 February 10 - 13, 2020

political subdivi- related to constructing, upgrading, re- however, because it would not require sion, sewer utility developing or replacing sewer and wa- cities and utilities to decrease their or water utility a ter infrastructure facilities; to pay for water rates in return for providing the percentage of the the redevelopment and replacement turnback. More importantly, Briese 5.5 percent state of obsolete water or sewer facilities; or said, it could prevent the Legislature sales tax imposed to repay bonds issued for such work. from providing property tax relief this and collected on Lindstrom introduced an amend- session. sewer and potable Sen. Brett Lindstrom ment, adopted 25-2, that would After three hours of debate over water fees charged by those entities. require the state tax commissioner two days, the Legislature moved to Under LB242, Lindstrom said, the to certify to the state treasurer, on a the next bill on the agenda before state would partner with cities and quarterly basis, the amount of state voting on the committee amendment utilities across Nebraska to modernize sales tax revenue collected by any or LB242. water and sewer systems. political subdivision, sewer utility or Per a practice implemented by Lindstrom said the state receives a water utility on sewer and potable Speaker Jim Scheer, the sponsor of a sales tax windfall as cities raise their water fees and the applicable percent- bill that is facing a potential filibuster water and sewer rates to finance new age that the state would pay under the must demonstrate sufficient support infrastructure. This is especially true in turnback provisions. for a cloture motion before the measure Omaha, he said, where the local utility Sen. Mark Kolterman of Seward will be scheduled for additional debate. has imposed a fee to pay for a federally supported LB242, saying it would mandated sewer separation project. benefit the many Nebraska com- “None of these additional revenues munities with aging sewer and water are currently being used to offset the infrastructure, especially those that are underlying cost of water services,” he near their levy limits. said. “This bill provides direct income “I don’t think there’s a munici- relief to the vast majority of our citi- pality in the state that doesn’t have Omnibus transportation bill zens on domestic water systems.” outdated infrastructure as it pertains advanced A pending Revenue Committee to sewer and water,” he said. amendment would replace the bill. Gering Sen. John Stinner, chairper- Lawmakers gave first-round ap- Elkhorn Sen. Lou Ann Linehan, the son of the Appropriations Committee, proval Feb. 11 to a bill containing committee’s chairperson, said the said the proposal, while well-intended, several transportation measures. amendment would correct a drafting would contribute to a “constant ero- LB944, as introduced by Lincoln error regarding the proposed turnback sion” of the state’s tax base that makes Sen. Suzanne Geist, would allow rates. it difficult to budget for priorities owners to seek a The amendment would turn back such as property tax relief, business refund on vehicle 36.36 percent of state sales tax im- tax incentives, public school fund- registration if a ve- posed on water and sewer fees from ing, Medicaid expansion and prison hicle is lost to natu- July 1, 2020, through June 30, 2021. overcrowding. ral disaster. Geist The rate would increase to 54.54 Lindstrom said he agreed that said the bill also percent on taxes imposed from July those concerns are higher priorities would harmonize 1, 2021, through June 30, 2023. On than LB242 and that he would not several technical Sen. Suzanne Geist and after July 1, 2023, the rate would seek to advance the bill beyond select provisions of state law related to mo- be 72.72 percent. file if it does not fit within the state’s tor vehicles. Lindstrom said the amendment overall budget. A Transportation and Telecom- would reduce state tax revenue by ap- Albion Sen. Tom Briese said he munications Committee amendment, proximately $8 million the first year voted to advance LB242 from commit- adopted 42-0, incorporated provisions and by more than $23 million once tee after hearing testimony that infra- of LB831, originally introduced by the highest rate goes into effect. structure costs have led to significant Brainard Sen. Bruce Bostelman. The funds could be used only to water rate increases in Omaha. These would allow the state De- pay for infrastructure improvements He said he now opposes the bill, partment of Motor Vehicles to issue

PAGE 24 • UNICAMERAL UPDATE • 106TH LEGISLATURE February 10 - 13, 2020 a salvage title for a vehicle manufac- Bellevue Sen. Julia Plucker, representing the tured prior to 1940 if it previously was Sue Crawford, Nebraska Cable Communications As- titled as “junk.” The vehicle owner which would sociation, supported the bill. It would also would be required to prove that eliminate the result in fair competition between no major component part had been one-point de- cable and video streaming providers, replaced, the vehicle had been restored duction from a she said, while also providing direct to its original specifications and that person’s driver savings to consumers. it had been inspected. license for a Sen. Sue Crawford “[This bill] helps reduce the tax Bostelman said he brought the bill speeding violation of up to five disparity in a rapidly changing video on behalf of a constituent who owns miles per hour over the speed market and continues to provide cit- a 1930 Ford Model A that had been limit; and ies with fair compensation for the passed down through the generations. • LB1067, originally introduced privilege of providing cable service,” His constituent was unable to obtain a by Bayard Sen. Plucker said. title, he said, because the vehicle erro- Steve Erd- Also supporting the bill was Dustin neously was titled as “junk” years ago. man, which Antonello, representing the Lincoln The committee amendment also would allow Independent Business Association. incorporated provisions of four ad- all-terrain and Franchise fees are used to pad a city’s ditional bills, including: utility-type ve- general funds, he said, rather than • LB768, originally introduced hicles to cross offsetting the costs of cable companies. by Thurston controlled- Sen. Steve Erdman “Cable companies are basically pay- Sen. Joni Al- access highways of more than ing rent in the form of franchise fees brecht, which two marked lanes, if used for for lines that were put in the public would incor- agricultural purposes. right of way decades ago,” Antonello porate up- Senators advanced LB944 to select said. “[We] believe these franchise fees dated federal file on a 42-0 vote. are no longer serving their intended regulations re- purpose and should be reduced or Sen. Joni Albrecht lated to cabin Lower cable TV taxes considered eliminated altogether.” trailers, low-speed vehicles, Opposing LB1046 was Brandon handicapped parking, vehicle The Transportation and Tele- Kauffman, representing the city of registration and driver licenses communications Committee heard Lincoln. Public safety services are and state identification cards, testimony Feb. 11 that seeks to lower largely funded through franchise fee among others; the taxes paid by cable television revenue, he said, which is important • LB785, originally introduced subscribers. in a growing city like Lincoln. by Henderson Sen. Curt Fri- LB1046, sponsored by Henderson “This legislation would impact the esen, which Sen. Curt Friesen, would impose a cap service levels the city is able to provide would pro- on occupation taxes—taken along with to its citizens, which are growing as the vide length, any other tax, fee or assessment—col- city expands,” Kauffman said, adding weight and lected by municipalities or counties that the bill would result in a loss to load capac- for cable television service of not more the city of $1.2 million annually. ity exceptions than 3 percent of gross receipts. Stacey Hultquist, representing the for stinger- Currently, the limit on such occu- city of Omaha, also opposed the bill. steered auto- Sen. Curt Friesen pation taxes is set at 5 percent. She said that cable companies con- mobile transporters, towaway Online streaming platforms are sented to the 5 percent franchise fee trailer transporter combina- not subject to local occupation taxes, for the entire term of the agreements tions, battery-powered vehicles, Friesen said, which creates an unlevel they entered into. The city of Omaha emergency vehicles and certain playing field. would stand to lose $2.5 million in rev- heavy-duty tow and recovery “We should be providing a tax enue per year under the bill, she said. vehicles; system that treats similar services in a “The cities and counties have re- • LB983, originally introduced by similar manner,” he said. lied on this franchise revenue when

106TH LEGISLATURE • UNICAMERAL UPDATE • PAGE 25 February 10 - 13, 2020 setting their budgets going forward,” increases or cuts in the budget,” Jan- and International Building Code. Hultquist said. “The immediate, un- ulewicz said. No one testified against the bill foreseen impact of this bill would turn Lynn Rex of the League of Nebraska and the committee took no immediate those already strained government Municipalities also spoke against LB960. action on it. budgets upside down.” She said the bill would have serious The committee took no immediate financial implications for cities through- Land bank changes proposed action on the bill. out the state, 215 of which have reached their maximum property tax levy. Land banks would face more re- The committee took no immediate strictions under a bill considered Feb. action on LB960. 11 by the Urban Affairs Committee. A land bank is a tax-exempt po- Bill seeks to add more school litical subdivision that may acquire, Restrictions sought for city funds water fountains manage and develop vacant and tax-delinquent properties under the Use of certain money collected The Urban Affairs Committee Nebraska Municipal Land Bank Act. by municipalities would be restricted heard testimony Feb. 11 on a bill that LB1178, introduced by Omaha under a bill considered Feb. 11 by the would require new school buildings to Sen. Justin Wayne, Urban Affairs Committee. provide a minimum number of water would prohibit land LB960, introduced by Sen. Curt fountains for students. banks from enter- Friesen of Hen- LB1116, intro- ing into agreements derson, would duced by Lincoln with nonprofit cor- prohibit munici- Sen. Adam Mor- porations or other palities from us- feld, would require private entities for ing revenue orig- schools built after the purposes of Sen. Justin Wayne inally collected Jan. 1, 2022, to in- temporarily holding real property for a proprietary clude one water for those nonprofit corporations or function for any Sen. Curt Friesen fountain per floor Sen. Adam Morfeld private entities. reason other than the purpose for and at least one fountain per 150 The bill would not affect properties which it was generated. students. already held by a land bank. Money collected for utilities should Morfeld said expanding access Wayne said he introduced the be used for utilities and not later trans- to water will help reduce childhood bill after learning that the Omaha ferred to a municipality’s general fund, obesity by providing an alternative to Municipal Land Bank had purchased Friesen said. sugary drinks. properties on behalf of a nonprofit to “There are communities out there “Schools are a natural location for hold for up to five years. The proper- that have overcharged some entities,” proactive, cost-effective interventions ties remain dilapidated and unable to he said. “They choose large water us- to reduce obesity,” Morfeld said. be sold while being held, he said. ers and raise their rates and they’re Lisa Eisenmenger of West Point “The original intent [of the land transferring those funds into their spoke in support of LB1116. She said bank act] was to move property,” general fund.” offering drinking water would enable Wayne said. “The land bank was never No one testified in support of children to make healthy choices while designed to be a bank.” LB960. not overly burdening schools. Juan Alvirado, a property developer Grand Island City Administrator “Schools teach more than academ- in Omaha, testified in support of the Jerry Janulewicz testified against the ics,” she said. “Without drinking foun- bill. He said LB1178 would make the bill. He said Grand Island transferred tains, kids do substitute unhealthy process of acquiring property fairer $837,000 from its proprietary fund to its alternatives.” and align the Omaha land bank with general fund last year, enabling the city John Hladik of the Center for Ru- its intended purpose. to cover expenses without raising taxes. ral Affairs testified in support of the “Why would it be fair for them to “Those funds would have to be bill, saying it would rectify a conflict hold property when I have to bring made up primarily with property tax between the Uniform Plumbing Code liquid cash?” Alvirado said.

PAGE 26 • UNICAMERAL UPDATE • 106TH LEGISLATURE February 10 - 13, 2020

Shaun Ilahi of Habitat for Human- title issues or acquire ownership of provide affordable housing, but the ity of Omaha testified against LB1178 properties,” Ilhai said. land bank also receives–from Douglas because, he said, it would hamper Mike Riedmann of the Omaha Mu- County—50 percent of the taxes paid development in north Omaha. Hold- nicipal Land Bank also spoke against on these properties for five years after ing a property for a few years allows the bill. He said the land bank often being deeded back to the nonprofit,” tax and demolition liens on a property will acquire properties with significant Riedmann said. “This revenue stream to be cleared, he said, making it easier liens that otherwise would not be is very important to the land bank.” to develop. developed. The committee took no immediate “We do not have the power to clear “Not only do we have nonprofits action on the bill. n How a Bill Becomes Law

106TH LEGISLATURE • UNICAMERAL UPDATE • PAGE 27 February 10 - 13, 2020 Committee Hearings Current hearing schedules are available at: NebraskaLegislature.gov/calendar

Tuesday, Feb. 18 Committee for Statewide Assessment Health & Human Services Agriculture LB1001 (Crawford) Require suicide Room 1510 - 1:30 p.m. Warner Chamber - 1:30 p.m. prevention phone numbers on student Appointments: Robert J. Feit; Candice Appointment: Beth Smith - State Fair identification cards Arteaga; Jonathan Scherling - Commis- Board LB1039 (Cavanaugh) Adopt the sion for the Deaf and Hard of Hearing State Fair Briefing Hunger-Free Schools Act LB1105 (B. Hansen) Change audit LB1200 (Brewer) Rename the Livestock LR306 (Wishart) Urge Congress and the provisions under the Medical Brand Act and the Nebraska Brand President of the United States to enact Assistance Act Committee and change provisions H.R. 1878 to fully fund the Individuals LB1184 (Arch) Require standards for relating to livestock with Disabilities Education Act certain psychiatric services under the LB1165 (Stinner) Eliminate the Medical Assistance Act Nebraska Brand Committee and Executive Board LB1158 (Arch) Provide information on provide powers and duties for the Room 1507 - 12:00 p.m. job-skills programs to applicants for Department of Agriculture under the LB1035 (Friesen) Change the number medical assistance Livestock Brand Act of legislative districts LB1204 (Cavanaugh) Require a family LR280CA (Wayne) Constitutional support waiver under the Medical Assis- Appropriations amendment to change legislative term tance Act and provide for a pilot family Room 1524 - 1:30 p.m. limits to three consecutive terms support program under the Disabled LB778 (Stinner) State intent regarding Persons and Family Support Act appropriations for the Rural Health Transportation & Telecommunications Systems and Professional Incentive Act Room 1113 - 1:30 p.m. Judiciary LB901 (Cavanaugh) Appropriate funds Appointments: Stephan Budke; Dennis Room 1113 - 1:30 p.m. for the Nebraska Perinatal Quality Cloninger; Brad Jacobs; Clint Jones; Appointment: Anne C. Boatright - Crime Improvement Collaborative Joseph Kosiski; Thomas R. McCaslin; Victims Reparations Committee LB1018 (Vargas) Appropriate funds to Matthew O’Daniel; Curt Prohaska; Appointment: Mark T. Langan - Board the Department of Health & Human Dennis R. Schworer - Motor Vehicle of Parole Services Industry Licensing Board LB907 (DeBoer) Change provisions LB1019 (Vargas) Appropriate funds to relating to adoptions the Department of Health & Human Urban Affairs LB1004 (Lathrop) Change provisions Services Room 1510 - 1:30 p.m. relating to parole eligibility LB1102 (Walz) Provide an appropriation LB1003 (Walz) Provide annexation LB1062 (Lathrop) Allow the Department for volunteer emergency medical care powers to cities of the second class of Correctional Services to establish a providers and villages for relocation due to predischarge reentry pilot program catastrophic flooding LB1081 (Morfeld) Change provisions on Banking, Commerce & Insurance LB876 (Walz) Change provisions of the postconviction relief Room 1507 - 1:30 p.m. Community Development Law relating LB1133 (Wayne) Increase caps on LB949 (Bolz) Limit the amount an to limitations on blighted areas medical malpractice liability insured individual pays for prescription LB1021 (Groene) Provide for insulin drugs an expedited review of certain Natural Resources LB804 (Wayne) Provide for insurance redevelopment plans under the Room 1525 - 1:30 p.m. coverage of epinephrine autoinjectors Community Development Law Appointment: Elizabeth A. Hilyard - LB970 (Wayne) Limit the amount an LB801 (Urban Affairs) Change and Power Review Board insured individual pays for prescription eliminate provisions of the Community Appointment: John Arley Rundel - Oil insulin drugs Development Law and Gas Conservation Commission LB948 (Crawford) Change provisions Appointment: Timothy L. Else - Ethanol relating to insurance coverage for Wednesday, Feb. 19 Board mammography Government, Military & Veterans Affairs LB1071 (Hughes) Adopt the Wildlife Room 1507 - 1:30 p.m. Damage Recovery Act Education LB758 (Scheer) Name the State Capitol LB1132 (Wayne) Change provisions Room 1525 - 1:30 p.m. courtyards relating to net metering Appointments: Timothy Daniels; Charles LB848 (Pansing Brooks) Change Garman - Coordinating Commission for Columbus Day to Indigenous People’s Revenue Postsecondary Education Day Room 1524 - 1:30 p.m. Appointments: Cindy Gray; Chad LB1015 (Briese) Provide for year-round LB1202 (Linehan) Adopt the Opportunity W. Buckendahl - Technical Advisory daylight saving time Scholarships Act and provide for tax credits

PAGE 28 • UNICAMERAL UPDATE • 106TH LEGISLATURE February 10 - 13, 2020 Committee Hearings Current hearing schedules are available at: NebraskaLegislature.gov/calendar

LB1087 (Friesen) Change provisions Supplemental Nutrition Assistance under the Nebraska Advantage Act relating to partial payments of property Program benefits LB1045 (Brandt) Require the posting taxes LB1038 (Hunt) Change provisions and reporting of tax incentive LB1075 (Linehan) Change tax relating to eligibility for Supplemental information under the Taxpayer provisions relating to net book value Nutrition Assistance Program benefits Transparency Act LB1106 (Scheer) Eliminate obsolete LB783 (Lowe) Change the definition of LB1179 (Wayne) Adopt the sales tax provisions ambulatory surgical center ImagiNE Small Business and Urban LB1107 (Scheer) Change property LB1011 (Arch) Require certain hospitals Revitalization Act tax provisions relating to notice of to accept reimbursement from the preliminary valuations medicare program Friday, Feb. 21 LB1043 (B. Hansen) Change provisions Government, Military & Veterans Affairs Thursday, Feb. 20 relating to regulation of health care Room 1507 - 1:30 p.m. Executive Board facilities LB981 (Hunt) Provide for applicability of Room 1507 - 12:00 p.m. LB1104 (Arch) Redefine a term under the provisions regarding state contracts for LB1085 (Howard) Change terminology Health Care Quality Improvement Act services to certain state entities related to the Public Counsel LB982 (M. Hansen) Change the LB1191 (Howard) Require the Judiciary prohibition on use of state funds for Department of Health & Human Room 1113 - 1:30 p.m. advertising or promotional materials Services, the Office of Juvenile LB766 (Lindstrom) Prohibit sexual LB1195 (Morfeld) Change provisions Services, and the Department assault of a minor by an authority regarding access to public records of Correctional Services to allow figure, change statute of limitations for employees to speak to members of the failure to make a report of child abuse Health & Human Services Legislature and the Public Counsel or neglect, and change provisions Room 1510 - 1:00 p.m. relating to sexual offenses Appointment: Michael Allen Christopher Government, Military & Veterans Affairs LB814 (Geist) Prohibit dismemberment Greene - Rural Health Advisory Room 1507 - 1:30 p.m. abortion Commission LB1167 (Albrecht) Require members LB991 (Halloran) Create the offense of Appointment: Michael Sheridan - Board of the public to be allowed to speak sexual assault of a student and prohibit of Emergency Medical Services at each meeting subject to the Open related enticement conduct by school LB1185 (Health & Human Services) Meetings Act officials Change provisions relating to criminal LB878 (Walz) Redefine immediate LB1048 (Quick) Create the offense of history record information checks for family and change conflict of interest sexual assault by a school employee child care staff members provisions under the Nebraska Political and provide notification to the LB837 (Arch) Change provisions Accountability and Disclosure Act Commissioner of Education relating to background checks under LB935 (Hunt) Change the Nebraska LB1210 (Vargas) Create the offense of the Child Care Licensing Act and the Political Accountability and Disclosure sexual exploitation of a student Children’s Residential Facilities and Act to authorize expenditures for an Placing Licensure Act officeholder’s child care services Natural Resources LB1049 (Bolz) Provide for participation LB936 (Hunt) Change the Nebraska Room 1525 - 1:30 p.m. in federal Child Care Subsidy child care Political Accountability and Disclosure Appointment: Seth B. Harder - Environ- assistance as prescribed Act to authorize expenditures for mental Quality Council LB917 (Wayne) Provide for a diabetes conference expenses for certain LR294 (Kolowski) Review various pilot study members of an officeholder’s family climate-related findings and LB1136 (Williams) Prescribe when an acknowledge an anthropogenic climate Judiciary interest in a contract is prohibited and and ecological crisis Room 1113 - 1:30 p.m. eliminate a prohibition against such LB845 (Groene) Change procedures for LB816 (McCollister) Provide for interest by a public power and irrigation water augmentation projects under an information and training on firearm district board member integrated management plan safety and suicide prevention and place restrictions and requirements on certain Health & Human Services Revenue transfers of firearms Room 1510 - 1:30 p.m. Room 1524 - 1:30 p.m. LB872 (Hunt) Eliminate requirements Appointment: Michael Bailey - Board of LB1025 (Bolz) Create the Tax Credit for the provision of information and Emergency Medical Services Buy-Back Program materials regarding finding medical LB1037 (Hunt) Change provisions LB1034 (Friesen) Extend the application assistance and continuing a viable relating to household eligibility for deadline and change certain credits pregnancy after taking mifepristone

106TH LEGISLATURE • UNICAMERAL UPDATE • PAGE 29 February 10 - 13, 2020 Committee Hearings Current hearing schedules are available at: NebraskaLegislature.gov/calendar

LB958 (Cavanaugh) Change provisions contempt powers for the Nebraska Wednesday, Feb. 26 relating to possession or purchase Workers’ Compensation Court Judiciary of a firearm by a person convicted of LB1128 (Vargas) Provide an exception Room 1113 - 1:30 p.m. misdemeanor domestic violence or for a claim based on bad faith and a LB742 (Blood) Change penalty, sentenc- subject to any protection order limitation of action under the Nebraska ing, and hearing application provisions LB1221 (Wayne) Change controlled Workers’ Compensation Act relating to offenses against animals substance schedules for certain LB1129 (Vargas) Change evasion of LB749 (Blood) Adopt the Nebraska federally approved drugs containing law provisions and ensure certain Anti-Terrorism Act derivatives of cannabis coverage under the Nebraska Workers’ LB792 (Slama) Allow for the Compensation Act combination or aggregation of cocaine, Revenue base cocaine, heroin, amphetamine or Room 1524 - 1:30 p.m. Education methamphetamine amounts for two or LB829 (Erdman) Change provisions Room 1525 - 1:30 p.m. more controlled substance violations relating to certain in lieu of tax LB1206 (Vargas) Require reporting LB793 (Slama) Change penalty and payments made by the Game and to the Nebraska Early Childhood statute of limitation provisions relating Parks Commission Professional Record System to public assistance violations LB812 (McCollister) Change acceptable LB1023 (DeBoer) Adopt the Extraordinary LB913 (McDonnell) Change arson, ranges and authorize orders for Increase in Special Education Cost Act trespass, and graffiti provisions rehearings under the Tax Equalization LB1177 (Hunt) Eliminate oath for LB1113 (Kolowski) Provide that and Review Commission Act teachers and other school employees photographing or recording a peace LB930 (Briese) Require a minimum officer is not obstruction of justice amount of tax relief under the Property General Affairs Tax Credit Act Room 1510 - 1:30 p.m. LR284CA (La Grone) Constitutional Appointments: David Hunter; James S. Thursday, Feb. 27 amendment to eliminate the state Brummer- State Electrical Board Executive Board income tax over a four-year period Appointment: Janelle Beveridge - State Room 1507 - 12:00 p.m. Racing Commission LR282 (Erdman) Recognize Harold Dean Thayer as the original creator of Monday, Feb. 24 Appointment: Kelly J. Lambert - Com- mission on Problem Gambling the Tin Roof Sundae and declare the Banking, Commerce & Insurance Tin Roof Sundae to be the sundae of Room 1507 - 1:30 p.m. Appointment: Mark Laughlin - Nebraska Arts Council the State of Nebraska LB1024 (Clements) Change provisions LR297 (Hilkemann) Provide each of the Intergovernmental Risk resolution petitioning Congress to call Management Act Tuesday, Feb. 25 for a constitutional convention under LB1108 (Gragert) Change provisions Executive Board Article V of the Constitution included relating to property under the Uniform Room 1507 - 12:00 p.m. in this resolution be automatically Disposition of Unclaimed Property Act, LB937 (Brewer) Require the display of rescinded if the convention is not called the School Employees Retirement Act, tribal flags in the Capitol on or before January 1, 2021 and the Uniform Residential Landlord LB1197 (Morfeld) Change distribution and Tenant Act of legislative journals and session laws Judiciary LB1196 (Morfeld) Adopt the Pharmacy to the UNL College of Law Room 1113 - 1:30 p.m. Benefit Manager Regulation Act and LB750 (Blood) Prohibit discrimination require an audit under the Medical Urban Affairs based on military or veteran status Assistance Act Room 1510 - 1:30 p.m. LB1091 (Vargas) Adopt the Face LB976 (Bolz) Redefine handicapped Surveillance Privacy Act Business & Labor or disabled person for purposes of LB1094 (Murman) Change lien Room 1524 - 1:30 p.m. handicapped or disabled parking provisions on support order judgments LB927 (Business & Labor) Provide for permits LB1115 (M. Hansen) Change provisions payment of claims against the state LB1078 (Wayne) Adopt the Municipal relating to the revocation of instruments LB928 (Business & Labor) Deny claims Inland Port Authority Act under the Nebraska Uniform Real against the state LB867 (M. Hansen) Adopt the Local Property Transfer on Death Act LB1126 (Vargas) Change attorney’s Option Municipal Childcare Financing Act LB1118 (Scheer) Provide for grandparent fees, penalties, and interest provisions LB1077 (Wayne) Change legislative visitation under the Nebraska Workers’ declarations and findings relating to LB1190 (Briese) Provide for Compensation Act traffic congestion in municipal areas grandparent visitation when the parents LB1127 (Vargas) Change and provide of the child remain married n

PAGE 30 • UNICAMERAL UPDATE • 106TH LEGISLATURE February 10 - 13, 2020

2020 Legislative Session*

Sun Mon Tues Wed Thur Fri Sat Sun Mon Tues Wed Thur Fri Sat January February 1 2 3 4 1

5 6 7 8 9 10 11 2 3 4 5 6 7 8 DAY 1 DAY 2 DAY 3 DAY 17 DAY 18 DAY 19 DAY 20 RECESS 12 13 14 15 16 17 18 9 10 11 12 13 14 15 DAY 4 DAY 5 DAY 6 DAY 7 RECESS DAY 21 DAY 22 DAY 23 DAY 24 RECESS 19 20 21 22 23 24 25 16 17 18 19 20 21 22 HOLIDAY DAY 8 DAY 9 DAY 10 DAY 11 HOLIDAY DAY 25 DAY 26 DAY 27 DAY 28 26 27 28 29 30 31 23 24 25 26 27 28 29 DAY 12 DAY 13 DAY 14 DAY 15 DAY 16 DAY 29 DAY 30 DAY 31 DAY 32 RECESS

Sun Mon Tues Wed Thur Fri Sat Sun Mon Tues Wed Thur Fri Sat March April 1 2 3 4 5 6 7 1 2 3 4 RECESS DAY 33 DAY 34 DAY 35 DAY 36 DAY 50 DAY 51 DAY 52 8 9 10 11 12 13 14 5 6 7 8 9 10 11 DAY 37 DAY 38 DAY 39 DAY 40 RECESS DAY 53 DAY 54 DAY 55 DAY 56 RECESS 15 16 17 18 19 20 21 12 13 14 15 16 17 18 RECESS DAY 41 DAY 42 DAY 43 DAY 44 RECESS DAY 57 DAY 58 DAY 59 RECESS 22 23 24 25 26 27 28 19 20 21 22 23 24 25 DAY 45 DAY 46 DAY 47 DAY 48 RECESS RECESS RECESS RECESS DAY 60 29 30 31 26 27 28 29 30 RECESS DAY 49

Federal & State Holidays Legislative Recess Days January 20 – Martin Luther King Jr. Day January 17 February 17 – Presidents’ Day February 7, 14, 28 March 2, 13, 16, 27, 30 April 10, 13, 17, 20, 21, 22

*The Speaker reserves the right to revise the session calendar.

106TH LEGISLATURE • UNICAMERAL UPDATE • PAGE 31 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

The colors were posted Feb. 12 by members of the Sons of Union Veterans of the Civil War in recognition of Abraham Lincoln’s birthday.