UNICAMERAL UPDATE Stories published daily at Update.Legislature.ne.gov Vol. 39, Issue 12 / March 21-24, 2016 Workplace discrimination protections stall awmakers debated a bill March 23 that would protect employ- Lees from discrimination based on their sexual orientation and gender identity. Introduced by Lincoln Sen. last session, LB586 would prohibit employers, employment agencies and labor unions from dis- criminating against individuals based on their sexual orientation or gender identity. The bill would apply to em- ployers with 15 or more employees, employers with state contracts, the Sen. Mike Gloor said the proposed amendment to LB958 would increase the amount of prop- state of Nebraska, governmental agen- erty tax credits for owners of agricultural land in 2017. cies and political subdivisions. Currently, the Nebraska Fair Em- ployment Practice Act prohibits work- Ag property tax credit place discrimination based on race, color, religion, sex, disability, marital increase considered status and national origin. he Revenue Committee held would limit to 3 percent the amount Morfeld said workplace discrimina- a hearing March 24 on a bill of unused restricted funds that com- tion threatens Nebraska’s economic de- T meant to reduce property taxes munity colleges could carry forward velopment by causing highly qualified on agricultural landowners. from year to year. lesbian, gay, bisexual and transgender The committee first heard testimo- It also would grant $234 million (LGBT) employees to move to states ny on LB958 last month. Introduced in property tax credits for tax year where equal protection exists. Work- by Grand Island Sen. Mike Gloor on 2017. Gloor said $30 million of those ers should be judged on their perfor- behalf of Gov. Pete Ricketts, the bill credits would go to agricultural and mance, not their lifestyles, he said. originally was drafted to limit annual horticultural landowners. “[LB586] is not only the right aggregate agricultural and horticul- John Hansen, president of the Ne- thing, it is also good for business and tural land valuation increases to 3 braska Farmers Union, spoke in support makes us more competitive when re- percent and tighten spending limits of the amended bill. He said the union cruiting talent from across the country on local governments in an effort to would have liked to see structural, long- and the world,” Morfeld said. “No one slow property tax growth. term changes to how the state funds should be fired for how their creator Gloor proposed a new amendment K-12 education, which relies heavily on made them or who they love.” that would replace the bill, calling for property taxes. The proposed measure The bill stalled during general file a second hearing. The amendment would, however, provide farmers with debate last session and the Legislature (continued page 2) (continued page 3)

INSIDE: State budget adjustments approved • Statewide 911 system proposal advances March 21 - 24, 2016 Ag property tax credit increase considered (continued from front page) some property tax relief sooner rather only $9 million for smaller farms. to remove from this body a sense of than later, Hansen said. The measure also would make it less urgency that many landowners in “Even a really skimpy bird in the likely that the Legislature would make Nebraska do not have the luxury of hand is better than one in the bush,” significant changes to property taxes in escaping,” Hladik said. he said. future sessions, he added. The committee voted 7-0 to ad- Dave McCracken, speaking on “We’re concerned that this pro- vance the bill to general file with the behalf of the Nebraska Cattlemen, posal provides just enough token relief new amendment. g agreed, saying that the proposal would be a first step toward providing more significant property tax relief in the Live coverage of the future. He said the difference in the amount of property tax paid per calf Legislature offered in Nebraska compared to neighboring states is “immense.” for smartphones Dale Kruse, chairperson of the he Nebraska Capitol Live app allows users of both Android board of governors for Southeast and Apple products to stream all coverage of the Unicameral Community College, spoke against T from bill introduction to final reading. the proposed amendment. He said it would remove the board’s authority to Provided by the State of Nebraska and Nebraska Educational access unused budget authority that it Telecommunications (NET), the app is free and available from the needs to replace aging facilities, build Apple app store, iTunes and the Google Play store. It also provides new learning centers and purchase live coverage of other state entities, including the Nebraska new equipment to support technical Supreme Court and the governor’s hearing room. training programs. Johnathan Hladik, policy program Additionally, NET Television director for the Center for Rural continues to provide coverage Affairs, also testified against the pro- from the Legislature via live posal. Approximately two-thirds of broadcasts on NET2 World and the credits would go to the state’s its website at netNebraska.org. wealthiest farmers, he said, leaving UNICAMERAL UPDATE The Unicameral Update is a free, weekly newsletter published during the legislative session. It is produced by the Clerk of the Legislature’s Office through the Unicameral Information Office. For print subscriptions, call 402-471-2788 or email [email protected]. Visit us online at Update.Legislature.ne.gov and follow us on Twitter.com/UnicamUpdate.

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PAGE 2 • UNICAMERAL UPDATE • 104TH LEGISLATURE March 21 - 24, 2016 Workplace discrimination protections stall (continued from front page) moved on to other bills on the heard,” Smith said. “This [bill] is the agenda. type of legislation that is burdensome Morfeld said that he had to small business and they will suffer.” taken note of concerns raised Morfeld said small businesses have during last year’s debate and nothing to fear from LB586 unless worked over the interim to find they engage in discriminatory prac- a compromise, represented in tices. The burden of proof for any an amendment offered by Lin- claim made under the bill’s provisions coln Sen. Colby Coash. would be on the employee, he said, The amendment clarifies that which would serve as a deterrent to nothing contained in the Ne- unfounded discrimination claims. braska Fair Employment Practice “The bottom line is: don’t discrimi- Act would affect the ability of an nate and you’re fine,” Morfeld said, employer to take action against “because there will not be any proof.” an employee if such action is oth- Sen. Adam Morfeld said all Nebraskans deserve equal Sen. of erwise allowed under local, state protection under the law. Lincoln supported the bill and the and federal law. Such actions tion is important.” amendment, agreeing that the state would include those taken in response Morfeld said that a pending tech- needs LGBT protections in the work- to an employee’s misconduct, incompe- nical amendment introduced by the place in order to attract and retain tency, behavior, violation of workplace Judiciary Committee was designed talented individuals. policy, neglect of duty, unprofessional only to emphasize that religious enti- “Almost every LGBT person I have conduct or insubordination. ties in Nebraska have been exempt met has mentioned wanting to leave The amendment also would remove from the state’s Fair Employment Nebraska because of the [lack of anti- the words “or perceived,” which would Practice Act since 1965. According to discrimination] laws,” she said. limit the bill’s definition of gender the statute, the act cannot apply to a Omaha Sen. Bob Krist offered a identity to actual appearance, identity or religious corporation, association or motion to bracket the bill until April behavior of an individual whether or not society with respect to the employment 20, saying the proposal had been those characteristics are different from of individuals of a particular religion. debated sufficiently and lacked the an individual’s assigned sex at birth. Papillion Sen. Jim Smith opposed support needed to move forward. Coash said he was not convinced the bill and the amendments. He said “I believe that LB586 had a fair and that workplace discrimination against any discrimination that may be occur- honest hearing last year and that there the LGBT community is a pressing ring against LGBT Nebraskans is not weren’t enough votes to take it to the issue, or that the bill would be too extensive enough to justify the nega- finish line,” he said. “I still believe that onerous for businesses. tive impact the bill could have on the it’s not the kind of legislation that we Instead, he said, the issue came state’s small business “job creators.” need to introduce; there’s no compel- down to the ability of employers to Smith said that while the Lincoln ling reason for doing it.” recruit and retain a quality workforce. and Omaha chambers of commerce Morfeld opposed the bracket mo- He said that when businesses recruit, supported the bill, those entities often tion, saying the issue of LGBT rights they not only are attempting to fill a do not reflect the interests of small busi- would not disappear once senators specific position but also are recruiting nesses. Large employers have human stop discussing it. for their community and their state. resources departments and the ability “We can keep kicking this issue down “[Employers] are competing in a to ensure that they do not violate state the road, colleagues, but it’s not going global economy,” Coash said. “They’re personnel regulations, he said. away,” he said, adding that he would competing for a workforce that is “The majority of employers and introduce similar legislation next year. changing, and they’re competing for a employees are represented by small busi- The bracket motion was adopted workforce that—for them—this protec- nesses in our state, yet their voice is rarely on a vote of 26-18. g

104TH LEGISLATURE • UNICAMERAL UPDATE • PAGE 3 March 21 - 24, 2016

and ranch. Sponsored by Sen. John Kue- hn of Heartwell, LR378CA offered Grain storage clarification a constitutional State budget adjustments passed amendment that approved would prohibit the Lawmakers gave final-round ap- Legislature from Lawmakers gave final approval proval March 24 to a bill that clarifies passing laws that March 24 to three bills comprising a provision regarding the distribution restrict the rights of Sen. John Kuehn the Appropriations Committee’s mid- of assets if a grain warehouse fails. Nebraskans to use agricultural tech- biennium budget adjustment package. LB730, introduced by Sen. Jerry nology and ranching practices without LB956, intro- Johnson of Wa- a compelling state interest. The resolu- duced by Kearney hoo, clarifies a tion would place the amendment on Sen. Galen Hadley rule under which the November 2016 general election at the request of the a person who has ballot. governor, makes ad- recently sold grain Kuehn said the amendment would justments to appro- to a warehouse protect the state’s largest industry by priations for state may regain their reducing the influence of animal and operations, aid and Sen. Galen Hadley status as an owner Sen. Jerry Johnson environmental advocacy groups on construction programs. eligible for distribution of assets if public policy. He said those groups Among other provisions, the bill the Public Service Commission takes use misinformation to exert pressure appropriates $1.5 million in general control of the warehouse. on the Legislature to pass laws that funds this fiscal year to recruit and Warehouses are required to post restrict certain farming and ranching retain quality staff in workforce short- bonds for the benefit of those who practices. age areas within the state Department own or store grain there in the event Omaha Sen. filed of Correctional Services. the warehouse fails. If that happens, a motion to bracket the proposal until The bill also includes $1.8 million only qualified owners are eligible for April 20, the last day of the session. He to address capacity and programming the distribution of assets. said the amendment would not pre- needs within the department while An exception in current law pro- vent the speech or actions of groups the Lincoln Community Corrections vides that the grain seller may revert to that seek to change farming practices. Center project is being completed. the status of owner if he or she holds The amendment’s language is unclear The bill passed on a 46-1 vote. a check in payment issued within five and would prevent the Legislature LB957, also introduced by Hadley days of the date the commission takes from passing laws related to agricul- at the request of the governor, autho- control of the warehouse. LB730 clari- ture that could not meet an extremely rizes various fund transfers. fies that the exception applies to the strict legal standard, Chambers said. The bill includes the following date of the sale and transfer of title “The only entity affected by this transfers from the state’s Cash Reserve regardless of whether the warehouse amendment is this Legislature,” he Fund: issued the seller a check. said. “This Legislature is not going to • $50 million to the newly cre- The bill passed on a 48-0 vote. undermine agriculture.” ated Trans- Citing opponents’ legal concerns portation In- Right to farm constitutional about the amendment’s language frastructure amendment stalls and the limited time remaining in Fund as pro- the legislative session, Kuehn filed a vided for in The Legislature accepted a sena- motion to bracket the bill until April LB960, a bill tor’s motion March 24 to end debate 20. There were no objections. The introduced on his proposal that would amend proposal is unlikely to be debated by Papillion Sen. Jim Smith the state constitution to guarantee again this session. Sen. Jim Smith; the rights of Nebraska citizens to farm • $27.3 million to the Nebraska

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Capital Construction Fund administrative budget practices for the state Department of Economic to cover the three-year cost of state agencies. Development to contract with a state- adding capacity to the Lincoln Under LB1092, introduced by wide microenterprise development Community Corrections Cen- Omaha Sen. Heath assistance organization and a statewide ter; and Mello, any depart- venture development organization. • $13.7 million to the Military In- ment, office, insti- LB1093 also incorporated pro- stallation Infrastructure Fund. tution or expending visions from an LB957 passed on a 47-0 vote. agency that propos- amendment to Finally, LB981, introduced by the es changes to its LB560, introduced Business and Labor Committee, ap- appropriation for by Sen. Matt Wil- proves claims against the state and the biennium in Sen. Heath Mello liams of Gothen- agency write-offs. progress will be required to file budget burg, that would Among the claims approved in the forms with the office of the Director of require the Univer- bill are: Administrative Services (DAS). Forms sity of Nebraska’s Sen. Matt Williams • $800,000 for a tort claim against must be filed by Oct. 24 of each odd- Board of Regents to report annually the state Department of Roads numbered year. to the Legislature with benchmarks involving a vehicle accident In addition, DAS is required to that lawmakers could use to evaluate resulting from a traffic control develop a certification form and the performance of the Nebraska In- system problem; procedure, to be included in each novation Campus. • $243,000 for a tort claim against budget request, through which each The bill contains additional provi- the state Department of Health department and agency will certify sions from Omaha and Human Services for failure whether an administered program is Sen. Brett Lind- to provide Medicaid coverage an evidence-based program or prac- strom’s LB1017 for medically necessary autism tice. If not, the department or agency that would elimi- treatment; will be required to certify whether nate a residency • $230,000 in negotiated attorney the program or practice is reasonably requirement for fees to Nebraska Appleseed capable of becoming evidence based. student interns for a claim settled by the state The bill passed 48-0. under a grant pro- Sen. regarding non-timely processing gram. of applications for the Supple- Economic development Mello introduced an amendment, mental Nutrition Assistance measures amended, advanced adopted 34-0, that would extend the Program; and program to eleventh and twelfth grade • $185,000 in negotiated attorney Senators advanced a select file bill students. fees to the American Civil Lib- March 22 that would change several A Morfeld amendment, adopted erties Union of Nebraska for a economic development provisions. 32-0, incorporated provisions of his claim filed by seven couples who LB1093, introduced by Omaha LB987 that would create a bioscience challenged the Nebraska con- Sen. Heath Mello, initially dealt with steering committee made up of five stitutional prohibition against cash funds for tobacco prevention senators. The committee would study same-sex marriage. and stem cell research. A committee bioscience’s impact on the state’s The bill passed 46-0. amendment adopted on general file economy and identify ways to stimu- The governor must sign, veto or replaced the provisions with those of late job growth in science, technol- line item veto the budget within five three other bills. ogy and engineering and encourage calendar days, excluding Sunday. The bill includes biotechnology companies to locate in technical changes Nebraska. Updates to state agency from LB1028, in- Senators advanced the bill to final budget process approved troduced by Sen. reading on a voice vote. Adam Morfeld of Lawmakers gave final approval Lincoln. The provi- March 24 to a bill that updates certain sions would require Sen. Adam Morfeld

104TH LEGISLATURE • UNICAMERAL UPDATE • PAGE 5 March 21 - 24, 2016

training, union involvement and adult degree related to his or her career in career education. law enforcement. A Business and Labor Committee Senators voted 46-0 to pass the bill. amendment, adopted 29-0, incorpo- Small business wage rated provisions of Mello’s LB1029. protections passed These provisions would create a sector partnership program to study labor avail- Senators passed a bill March 24 ability and skills gaps in the state. They also would direct the state Department that expands state wage discrimination Entrepreneurship task force of Labor to provide technical assistance protections. advanced The provisions of LB83, origi- to public-private sector partnerships. nally introduced by Bellevue Sen. sup- Lawmakers gave first-round ap- Omaha Sen. Tanya ported the bill, saying the creation proval March 21 to a bill that would Cook, were replaced of public-private partnerships would create a legislative task force focused by a provision of allow more people to join the state’s on innovation and entrepreneurship LB928, originally in- workforce. in Nebraska’s economy. troduced by Omaha “This is a critical issue in growing LB1083, introduced by Gothen- Sen. Heath Mello. and developing our state,” she said. “It burg Sen. Matt The bill removes Sen. Tanya Cook will provide opportunities to people to Williams, would a small business exemption—appli- get the skills they need and participate adopt the Next cable to employers of less than 15 in the workforce.” Generation Busi- people—from the state’s equal pay The bill advanced to select file on ness Growth Act. statute, which requires equal pay for a 26-0 vote. The bill also would equal work without consideration of create a Venture an employee’s gender. Development and Sen. Matt Williams The bill passed on a 32-11 vote. Innovation Task Force consisting of six senators appointed by the Execu- Workforce innovation bill tive Board. advanced Tuition waiver for law Nebraska needs to increase the enforcement officers passed number and diversity of high-wage Lawmakers gave first-round ap- jobs across the state, Williams said, proval March 23 to a bill that would Nebraska law enforcement officers and the Legislature should be involved provide future guidance for the state’s can apply for a tuition waiver under a in the endeavor. workforce investment system. bill approved by legislators March 24. “Often our plans for growth have LB1110, introduced by Omaha LB906, introduced by Sen. Brett included focusing on attracting new Sen. Heath Mello, Lindstrom of Omaha, authorizes a businesses to our state,” he said. “In would outline guid- 30 percent tuition recent years, however, it’s been dem- ing principles for waiver for law en- onstrated that working with existing the state’s work- forcement officers businesses can be a significant catalyst force programs and who attend any for economic growth.” services so that they state university, The task force would be charged are responsive to state college or with developing a statewide strategic the needs of em- Sen. Heath Mello community col- plan to cultivate a climate of entrepre- ployers, workers and students. lege in Nebraska. Sen. Brett Lindstrom neurship and innovation in Nebraska. Mello said the bill would codify To qualify, an officer must main- The strategic plan would include: legislative intent by including language tain satisfactory job performance, • an inventory of existing state- related to workforce investment and meet all admissions requirements of sponsored and locally spon- development including career and the postsecondary institution and sored programs and resources technical education, upward mobility, pursue an associate or baccalaureate that are targeted to small busi-

PAGE 6 • UNICAMERAL UPDATE • 104TH LEGISLATURE March 21 - 24, 2016

nesses, microenterprises and threshold requirement has been met. entrepreneurial endeavors in The bill advanced to select file on the state; a 34-0 vote. • an economic impact analysis of the existing programs under Omnibus election bill clears the Nebraska Business Innova- County population threshold first round tion Act; increases advance • an overview of best practices Lawmakers gave first-round ap- from other states; and Certain county population thresh- proval March 24 to a bill that would • a review of previously issued olds would change under a bill given make a number of changes to the statewide strategic plans focused first-round approval March 21. state’s election laws. on high-growth businesses and Nebraska law recognizes four LB874, introduced by Gretna Sen. various policy options. county classifications based on popula- John Murante, would make the pro- In consultation with the Executive tion. Counties currently are classified cess for filling va- Board, the task force would employ as follows: cancies on school a nonprofit organization to assist in • Class I has a population of at boards consistent development of the strategic plan by least 300,000; statewide. Cur- Dec. 1, 2016. The $75,000 in funding • Class II has a population of rently, the term for development of the strategic plan at least 200,000 and less than of an appointee would come from the Community 300,000; to a school board Development Assistance Act. • Class III has a population of vacancy varies de- Sen. John Murante The Next Generation Business at least 100,000 and less than pending on the class of the school Growth Act would terminate on Jan. 200,000; and board. Some appointees come up for 1, 2017. • Class IV has a population less election at the next primary election, Sen. Al Davis of Hyannis sup- than 100,000. while others serve until the end of the ported the bill. Rural representation LB742, intro- unexpired term. on the task force is essential, he said, duced by Lincoln The bill would apply the current because rural areas of the state con- Sen. , Class V process statewide, in which tinue to lose population to areas with would raise the an appointee fills the vacancy for the higher paying jobs. Class I threshold remainder of the unexpired term. “The problem is in rural Nebraska, to a population of A Government, Military and Vet- where depopulation continues to 400,000 and ad- erans Affairs Committee amendment, be our number one, most serious just the Class II Sen. Matt Hansen adopted 25-4, incorporated provisions problem,” he said. “Economic diver- threshold accordingly. of four additional bills. sification is an important tool for our Hansen said Lancaster County is LB879, originally introduced by Mu- state.” on target to reach the current 300,000 rante, would change the requirement to Sen. of North Platte threshold by the 2020 federal census. place a candidate’s name on the partisan questioned whether the task force In order for Lancaster County to retain general election ballot by petition to at was necessary, noting that Nebraska its Class II classification—which impacts least 10 percent of the registered voters has a state Department of Economic various laws, including election of judg- entitled to vote for the office. Development, innovation campus and es and county board members—that LB787, originally introduced by other entities to encourage economic threshold needs to be raised, he said. Lincoln Sen. Adam growth. Hansen offered an amendment, Morfeld, would “It seems redundant to me of other adopted 35-0, which specifies that the allow a voter to initiatives that we have in the state,” population would be determined by the voluntarily photo- Groene said. most recent federal decennial census. It graph his or her The bill advanced to select file 32-1. also would require a county to comply ballot after it is with the bill’s provisions within six marked and reveal months of a determination that the new the photograph. Sen. Adam Morfeld

104TH LEGISLATURE • UNICAMERAL UPDATE • PAGE 7 March 21 - 24, 2016

LB741, originally introduced by it would serve as verification if an Lincoln Sen. Matt individual were being paid to vote in Hansen, would a certain way. remove from the “If we allow this to happen now, list of banned elec- what is the point of having a secret tioneering prac- ballot box?” he said. Health care consumer tices the display Murante said the concerns were protections adopted of yard signs on unfounded. He said it would remain private property Sen. Matt Hansen illegal to take a picture of someone A bill that seeks to enhance protec- within 200 feet of a polling place that else’s ballot, demand to see another tions for vulnerable individuals who is not under common ownership with person’s marked ballot or coerce an receive health care services was given the polling place. individual to vote in a certain way. final approval March 24. LB682, originally introduced by The provisions simply would per- LB698, sponsored by Omaha Sen. Omaha Sen. Joni Craighead, would mit a form of free speech that voters Heath Mello, cre- change the dead- may participate in and enjoy, he said. ates the Home Care line for a voter to “This bill says that you can show Consumer Bill of request a vote-by- your ballot to someone else if you want Rights, which ap- mail ballot from to. It is your ballot,” Murante said. plies to individuals 4 p.m. of the The bill advanced to select file 29-0. 60 and older, those Wednesday pre- 18 and older with ceding the elec- Change to university leader a disability or who Sen. Heath Mello tion to the close Sen. Joni Craighead hiring process approved are incapacitated and to the parent of business on the second Friday or guardian of a minor who receives preceding the election. Lawmakers passed a bill March 24 home care services. The provisions also would desig- that updates the University of Nebras- A consumer of home care services, nate the 22nd day before an election ka’s hiring process for its chancellor or the parent or guardian of a con- as the earliest date that an election and president positions. sumer who is a minor, will have the commissioner or county clerk may LB1109, introduced by Sen. John right to privacy and have grievances send out vote-by-mail ballots. That Murante of Gretna, requires the uni- addressed in a timely manner. They date currently is the 20th day before versity’s Board of also will have the right to: an election. Regents to pro- • refuse service; Columbus Sen. Paul Schumacher vide public notice • participate in the approval of expressed concern about allowing a of a preliminarily services and any changes in voter to photograph his or her marked selected candidate service; ballot and display it. He said that so- 30 days before the • receive care in a way that pro- called “ballot selfies” could be used board votes on motes his or her dignity and by groups to pressure members into Sen. John Murante whether to hire individuality; and voting a certain way, or as a condition the candidate. The board is required • information on the cost of ser- of membership for individuals wishing to make public the candidate’s applica- vices and whether those costs to join. tion materials and provide a forum in are covered by insurance or a “I think that is enormous pressure which the candidate would meet with public or private program. that violates that very, very precious and answer questions from the public. An individual who violates the thing of a moment alone with your This replaces a process in which the bill’s provisions will be subject to a conscience and that ballot,” Schum- final four candidates are made public. civil penalty of $100 per violation, up acher said. The bill passed on a 38-8 vote. to a maximum of $2,000. Sen. of Henderson The bill was amended to include echoed those concerns. Allowing provisions from four additional bills. display of a marked ballot could en- LB963, introduced by Omaha Sen. courage voter fraud, he said, because Nicole Fox, updates state law to com-

PAGE 8 • UNICAMERAL UPDATE • 104TH LEGISLATURE March 21 - 24, 2016 ply with changes Public assistance research The amendment removes the ter- to the federal Old- exemption approved mination date of the provisions, which er Americans Act had been set for Dec. 31, 2016. and equalizes the A bill aimed at promoting research Following adoption of the Mello process for how on the impact of poverty on children amendment 30-0, the bill advanced the Area Agencies was given final approval March 24. to final reading by voice vote. on Aging fund lo- LB1081, spon- Senators passed the bill March 24 cal programs. Sen. Nicole Fox sored by Lincoln on a 47-0 vote. LB708, introduced by Lincoln Sen. Sen. Kathy Camp- , requires bell, will allow low- the state Depart- income Nebras- ment of Health kans to be part of and Human Ser- a nationwide study vices to develop Sen. Kathy Campbell on the impact of Hazing banned for all students an endorsement public assistance on early childhood for assisted living development. Lawmakers passed a bill March 24 facilities that pro- Sen. Kate Bolz The bill will exclude the following that expands the prohibition on hazing. vide high quality care for individuals types of public assistance from a par- LB710, introduced by Venango with cognitive impairment, dementia ticipant’s income when determining Sen. Dan Hughes, and Alzheimer’s disease. eligibility: extends the prohibi- The department also is required to • the child care subsidy program; tion on hazing by examine the Medicaid rate structure • the low-income home energy postsecondary stu- and make recommendations regarding assistance program; dents to include all a higher or supplemental reimburse- • Temporary Assistance for Needy primary and second- ment rate for facilities that qualify for Families (TANF); and ary school students. the endorsement. • Supplemental Nutrition Assis- Hazing is defined Sen. Dan Hughes LB849, introduced by Bellevue tance Program (SNAP). as any activity by which a person in- Sen. Sue Craw- The exclusion is limited to $4,000 tentionally or recklessly endangers the ford, requires a per year for four years and will be dis- physical or mental health or safety of hospital to give continued at the end of 2022. an individual for the purpose of initia- each patient or Omaha Sen. Heath Mello offered tion into, admission into, affiliation the patient’s le- an amendment during select file de- with or continued membership with gal guardian the bate March 21, which incorporated any organization. opportunity to provisions of his LB701. The amend- The bill adds to the definition of name an individ- Sen. Sue Crawford ment extends provisions under the hazing: acts of sexual penetration, ex- ual as a designated caregiver. state’s public assistance statutes relat- posure of genitals, lewd fondling and A designated caregiver will be ing to education work requirements. caressing of another person and coerc- consulted regarding the patient’s Mello said Nebraska law currently ing another person to commit an act discharge plan and the hospital will allows certain educational opportu- of public indecency. A person found to be required to describe the patient’s nities—such as hours spent working have committed an act of hazing will aftercare needs post-release or transfer, toward a GED, diploma or associate be guilty of a Class II misdemeanor, including a description and demon- degree—to count toward core work which carries a maximum penalty of six stration of any aftercare tasks. requirements for the purposes of a months in jail, a $1,000 fine or both. LB869, also introduced by Craw- self-sufficiency contract under the Aid The bill has a severability clause, ford, aligns Nebraska law with federal to Dependent Children program. which means that if one part of the requirements for fingerprinting and “[These educational activities] are bill is declared unconstitutional, the background checks of high-risk Med- key for families working to move out declaration will not impact the remain- icaid providers. of poverty and ultimately transition ing parts of the bill. The bill passed on a 47-0 vote. off of state public benefits,” he said. The bill passed on a 47-0 vote.

104TH LEGISLATURE • UNICAMERAL UPDATE • PAGE 9 March 21 - 24, 2016

Private adoption provisions cation and contact agreement senting both the adoptive parents and advance is not grounds to invalidate an the [birth parents],” he said. adoption or the relinquishment Sen. of Seward Parents who conduct an adoption of parental rights; also supported the bill, saying his fam- privately or through an agency would • allow a communication and ily has benefitted from open adoption. be authorized to enter into a com- contact agreement to be en- “Both the birth parents and the munication and contact agreement forceable in civil action if the adoptive parents need to have a clear under a bill advanced from general petitioner has participated or understanding of what they’re getting file March 23. attempted to participate in good into,” he said. Syracuse Sen. Dan Watermei- faith mediation; The bill advanced to select file 42-0. er, sponsor of • require an adoption agency LB744, said he to be invited to participate in Human trafficking immunity introduced the mediation; and amended, advanced bill in response • require certain disclosures to be to a recent case included in a communication Lawmakers amended and advanced in which the Ne- and contact agreement. a bill from select file March 21 that braska Supreme Watermeier offered an amendment, would provide legal immunity to vic- Court stated that Sen. Dan Watermeier adopted 31-0, which would require tims of human trafficking. it could not uphold a communication parties seeking court enforcement of a LB843, introduced by Lincoln Sen. and contact agreement—also referred communication and contact agreement Patty Pansing to as an open adoption agreement—for to participate in mediation first. Brooks, pro- a private adoption because such agree- “In other states it’s been found that posed legal im- ments are not authorized in state law. mediation effectively resolves the vast munity from Watermeier said the court further majority of these situations,” he said. prostitution ruled that a violation of the open The amendment also changes the charges for any adoption agreement in the case was term “birth parent” to “relinquish- person proven grounds to set aside the adoption ing parent” in the bill and would by law enforce- Sen. Patty Pansing Brooks decree, and the child was returned to require that a relinquishing parent be ment to be a victim of labor or sex the birth parents. provided independent legal counsel trafficking. Open adoption agreements are al- and at least three hours of profes- The bill would establish an affirma- lowed for adoption of state wards, he sional counseling at the expense of tive defense for trafficking victims. An said, but the Legislature has not autho- the adoptive parent or parents prior affirmative defense allows a defendant rized them for private or agency adop- to relinquishment. to present certain facts that mitigate tions. To preserve the state’s adoption “Whether to place your child for the legal consequences of his or her system and protect the best interests of adoption is a very important decision unlawful conduct. children, lawmakers need to authorize and should not be taken lightly,” Omaha Sen. Burke Harr intro- open adoption agreements for private Watermeier said. “[These provisions] duced an amendment, adopted 32-1, adoptions as well, he said. will help ensure that biological parents that instead would allow a person “No one should have to experience are well aware of the ramifications of charged with prostitution to file a mo- what these families have had to experi- their decision.” tion to dismiss the charge if he or she ence,” Watermeier said. Gothenburg Sen. Matt Williams can provide written evidence that they A Judiciary Committee amend- supported the bill and the amend- were a victim of human trafficking. ment, adopted 38-0, would: ments, saying LB744 is important to Harr said the amendment would • authorize a court to incorporate create a system to allow for more open properly place the burden of proof on a communication and contact adoptions with greater protections for the person charged. agreement into an adoption all parties. “We have to be very careful when, agreement; “I found it somewhat scary that where and how we give immunity,” he • stipulate that failure to comply there were situations in open adop- said. “When we do provide immunity, with the terms of a communi- tions where one attorney was repre- we have to ensure there is built-in ac-

PAGE 10 • UNICAMERAL UPDATE • 104TH LEGISLATURE March 21 - 24, 2016 countability.” requiring out-of-home placement or The Krist amendment was adopted The bill includes provisions of motion to transfer a case from juvenile 33-7. LB1097, originally introduced by to adult court. Krist introduced a second amend- Lincoln Sen. Adam Morfeld and ad- The bill also would require the juve- ment, adopted 35-0, which incorporated opted on general nile court, when appointing counsel, provisions of his file. These provi- to do so after a juvenile petition is LB673. As amend- sions would create filed but before the juvenile appears ed, the bill would the Sexual Assault before the court. It also would ensure enable counties to Payment Program a juvenile’s timely right to counsel. establish internal to pay up to $500 Law enforcement would be re- guardian ad litem for out-of-pocket quired to use developmentally ap- divisions, which costs associated Sen. Adam Morfeld propriate language when explaining would be similar Sen. Bob Krist with sexual assault medical examina- a juvenile’s right to counsel. The bill to a public defender’s office. tions. Currently, the patient covers the also would direct the state Supreme Sen. Ernie Chambers of Omaha costs for such examinations directly or Court to establish professional stan- brought an amendment to the Krist submits a claim to his or her insurance. dards by July 1, 2017 for all attorneys amendment that clarified a judge’s Associated costs covered would practicing in juvenile court. authority to appoint a guardian out- include patient examination and Sen. Mike Groene of North Platte side of a county’s division as he or interview, collection and evaluation said LB894 is an unnecessary man- she sees fit. of physical evidence, facility fees and date, particularly in smaller rural The Chambers amendment was laboratory processing fees. counties with low numbers of juvenile adopted 36-0. A program administrator would dis- court cases. He said not all counties Provisions of three additional bills tribute forensic medical examination employ a public defender and those were incorporated into LB894 on kits to health care providers at no cost that do may not always have the time general file, including: to the providers and oversee examina- and resources to adjudicate every case • LB709, originally introduced tion training throughout the state. brought in juvenile court. by Omaha Sen. , Senators advanced the bill to final Omaha Sen. Bob Krist introduced which would reading by voice vote. an amendment on select file to ad- reclassify se- dress concerns raised by Groene and cure and Juvenile court standards others. The amendment would apply nonsecure amended, advanced the provisions of LB894 only to coun- detention ties with a population of more than as detention Lawmakers amended and advanced 150,000 people. and alterna- a bill March 22 that would clarify the It also would authorize the court to tives to de- Sen. Sara Howard rights of individuals appearing in find parents in contempt of court if tention and require additional juvenile court. they have accepted free counsel despite court review of such programs; Under LB894, introduced by Lin- an ability to afford such counsel. • LB845, introduced by Pansing coln Sen. Patty Pansing Brooks, juvenile Cedar Rapids Sen. Kate Sullivan op- Brooks, which would require courts could accept a juvenile’s waiver of posed the amendment. Juveniles living thorough documentation of right to counsel only on the record in in rural counties also need assistance each instance of solitary confine- open court and confirmed in writing when appearing before a court, she ment of a juvenile, including the signed by the juvenile. The court would said, adding that it is a myth that pov- length of confinement and the consider the juvenile’s age, intelligence erty only exists in Omaha and Lincoln. race, ethnicity age and gender of and emotional stability in determining “All of us would be surprised at confined juveniles; and whether to accept such waiver. the depths of poverty that exists all • LB893, introduced by Pansing Under no circumstance would a over our state,” she said. “I don’t feel Brooks, which would require waiver of right to counsel be accepted comfortable telling [rural Nebraska] that a juvenile be at least 11 for a juvenile under age 14 or for a de- that representation will be given to years old to be prosecuted or tention hearing, dispositional hearing juveniles in just a few select counties.” adjudicated for a criminal law

104TH LEGISLATURE • UNICAMERAL UPDATE • PAGE 11 March 21 - 24, 2016

violation and would give county LB910 was amended on general file introduced an juvenile courts jurisdiction of to include provisions of LB690, origi- amendment that children who are 10 or younger nally introduced by would incorpo- who engage in conduct that Lincoln Sen. Adam rate provisions of otherwise would be considered Morfeld. These his LB861. These a law violation. provisions would provisions would The bill was advanced to final read- eliminate a ban on allow an inmate ing on a 33-1 vote. Supplemental Nu- housed in soli- Sen. Paul Schumacher trition Assistance tary confinement to seek a review of Cloture attempt on parole Program (SNAP) Sen. Adam Morfeld his or her placement after 90 days of administration bill fails eligibility for individuals convicted of confinement in a single calendar year. a drug-related felony offense. Schumacher said the amendment After four hours of select file de- Sen. Mike Groene of North Platte would ensure a more in-depth review bate, an attempt to force a vote on introduced an amendment that would of the department’s current solitary a bill that would have granted more limit SNAP eligibility for former drug confinement policies. oversight to the Inspector General felons to those who complete a state “This doesn’t mandate a hearing for the Department of Correctional or nationally accredited substance or an appearance by the incarcerated Services failed March 22. abuse treatment program or submit to person, but it does put the situation A bill passed last year provided for voluntary, random drug tests at least on the desk of a responsible person the state Department of Correctional once every six months. outside of the department,” he said. Services’ Office of Parole Administra- Groene said there is a precedent Sen. Bob Krist of Omaha sup- tion to transition to the state Board for limiting the rights of individuals ported the amendment. He said the of Parole. LB910, convicted of felonies. department has not moved quickly as introduced this “If you are convicted of a felony in enough in adopting new solitary con- year by Lincoln Nebraska, you lose your right to vote finement policies. Sen. Kate Bolz, and you lose your right to the Second “[The department] has not taken would ensure the Amendment,” he said. proper action to get to a point where inspector general Morfeld opposed the Groene there are programs, policies and proce- has oversight of amendment, saying that it mirrors dures put in place to limit the amount parole administra- Sen. Kate Bolz current statute preventing drug felons of time a prisoner spends in [solitary tion once that transition is complete. from receiving SNAP benefits unless confinement],” he said. The parole administration office they complete substance abuse treat- The Schumacher amendment was would be required to provide public ment at their own expense. Newly pending when Bolz filed a motion to counsel and the inspector general ac- released felons would be unlikely to invoke cloture, or cease debate and cess to all computerized records, reports afford services at an accredited treat- take an immediate vote on the bill. and documents maintained by the ment center, which costs an average of The motion failed 28-15. Thirty- office in connection with the adminis- $2,500, he said. three votes were needed. tration of parole. Release of medical or “We already have a de facto ban A failed cloture motion prevents mental health records would be subject for those people right now because if further debate on the bill for the day. to a parolee’s consent. they don’t have $2,500 [to pay for their LB910 is unlikely to be scheduled for The bill also would require the de- drug treatment], they don’t get SNAP further debate this session. partment director to annually submit benefits,” Morfeld said. “This goes to a report detailing the race, gender and the core of who we are as human be- Professional licenses sought age of all inmates held in restrictive ings. No one should be denied food, for young immigrants housing as well as the length of time especially those who have paid their spent in such housing. The report must debt to society.” A new class of Nebraskans would include the number of inmates diag- The Groene amendment failed on be eligible for professional licensure nosed with mental illness or behavior a 16-18 vote. under a bill advanced from general disorders held in restrictive housing. Columbus Sen. Paul Schumacher file March 23.

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LB947, introduced by Omaha Sen. residents eligible under DACA could of the following characteristics: Heath Mello, would apply for credentials under the Uni- • packaging or labeling that sug- allow Nebraska resi- form Credentialing Act. gests a user would achieve dents who are cov- Committee chairperson Sen. Les euphoria, hallucination, mood ered by the federal Seiler of Hastings said it is incom- enhancement or stimulation Deferred Action of prehensible that a person educated that mimics those of a con- Childhood Arrivals to practice as an accountant, nurse trolled substance; (DACA) program to or engineer would be barred from • images or labels that suggest it apply for a profes- Sen. Heath Mello seeking employment in their chosen is a controlled substance; sional or commercial license in order professional area. • disproportionately high pric- to practice his or her profession. “We have people running all over ing; or Administered by the U.S. Depart- the country trying to get people to • warning labels suggesting com- ment of Homeland Security, the move to Nebraska,” he said. “We raise pliance with state and federal DACA program is designed to protect them, we educate them and then we controlled substance laws. from deportation individuals who tell them to go across the river and A person who knowingly offers, dis- were brought into the country illegally practice in Iowa. That should never plays, markets or sells a lookalike sub- as children. Those who meet DACA happen.” stance could be charged with a Class guidelines are eligible for a work Sen. John Kuehn of Heartwell op- IV felony, which carries a maximum permit and may request deferred ac- posed the bill. He said he supported penalty of three years imprisonment tion for two years, subject to renewal. providing driver licenses to DACA with 18 months probation, a $10,000 To qualify for the program residents residents in 2015 but providing pro- fine or both. must have: fessional or commercial licenses is a LB1009 also classifies the produc- • lived in the U.S. continuously different situation. tion, distribution and sale of certain since June 15, 2007; “Noncitizens have been advised all lookalike substances as violations of • been no older than 31 as of June the way along the educational process the Uniform Deceptive Trade Prac- 15, 2012; of the complications associated with tices Act. Each individual package will • entered the country prior to their choice of area of study and that be considered a separate violation. their 16th birthday; they may be denied licensure,” he said, The bill does not restrict the ability • attended school, earned a di- adding that DACA residents enter a of scientific experts to use synthetic ploma or general education cer- professional field knowing they do not substances for investigative purposes. tificate or been honorably dis- currently qualify. The bill has a severability clause, charged from the U.S. Armed Senators advanced the bill to select which means that if one part of the bill Forces; and file on a 27-7 vote. is declared unconstitutional, the remain- • not been convicted of a felony ing parts of the bill will not be impacted. or significant misdemeanors. Sale of “lookalike” drugs banned The bill passed with an emergency Mello said restricting those au- clause on a 47-0 vote. thorized to work under DACA is Lawmakers passed a bill March 24 unreasonable and economically short- that bans certain synthetic drugs. Criminal statutes updated, sighted for the state. LB1009, intro- parole oversight advanced “Many young immigrant Nebras- duced by Gothen- kans and their communities have berg Sen. Matt Lawmakers advanced a bill from benefited in a variety of ways from Williams, bans general file March 23 that would up- DACA but there remains a gap in the sale and use date the state’s criminal statutes. our state law that prevents these of “lookalike” sub- The Legislature passed LB605 in work-authorized Nebraskans from stances. 2015 to slow Nebraska’s prison popu- fully maximizing their educational The bill defines Sen. Matt Williams lation growth, ease prison overcrowd- and professional potential,” he said. a lookalike substance as one that is not ing, contain corrections spending and A Judiciary Committee amend- specifically categorized as a controlled reinvest a portion of savings in strate- ment, adopted 31-5, clarified that substance but possesses one or more gies to reduce recidivism and increase

104TH LEGISLATURE • UNICAMERAL UPDATE • PAGE 13 March 21 - 24, 2016 public safety. The Nebraska Public Power District, LB1094, introduced by the Judicia- Omaha Public Power District and ry Committee, would clarify many of Lincoln Electric System are members. the provisions in LB605 with updated Senators voted 30-0 to advance the language. Committee chairperson Power board representative bill to select file. Sen. Les Seiler of Hastings said the pay increase advanced committee knew the implementation Hedging transaction authority of the bill would require updated Lawmakers advanced a bill March for power agencies approved language in the future. 24 that would increase the pay for Ne- “We knew we’d get input from a braska’s representative on a commit- A bill that allows certain public number of people who would provide tee that oversees the region’s electric power districts to engage in hedging us with feedback [on LB605],” he said. transmission infrastructure. transactions on commodity futures was “[LB1094] is not intended to make LB824, as passed by the Legislature March 24. any substantive shift in the polices originally intro- Introduced by Omaha Sen. Brett adopted under LB605 but it will assist duced by Sen. Lindstrom, LB897 with its implementation.” John McCollis- authorizes any A Judiciary Committee amend- ter of Omaha, power-generating ment, adopted 35-0, made additional dealt with elec- agency that oper- technical changes primarily to parole tric generation ates in a regional administration. facilities. A com- Sen. John McCollister transmission or- Lincoln Sen. Kate Bolz introduced mittee amendment, adopted 27-0, re- ganization to par- an amendment that would add provi- placed the bill with ticipate in hedging Sen. Brett Lindstrom sions of her LB910 into the bill. It was provisions from transactions for fuel, power or energy. debated on select file March 22 but LB914, introduced The agency could use no more than stalled after a failed cloture motion by Sen. Ken Schilz 5 percent of its annual gross revenue due to a controversial amendment that of Ogallala. averaged over the previous three years was adopted on general file. The amended bill for the transactions. It could use only Her amendment would require would increase from funds designated for the investments— the parole administration office to $60 to $250 per day Sen. Ken Schilz not facilities or other assets—and the provide access for public counsel and the compensation for the Nebraska agency’s governing body must autho- the Office of the Inspector General to Power Review Board member who rize any hedging agreement. all computerized records, reports and represents the state on the Southwest The bill passed on a 48-0 vote. documents maintained by the office in Power Pool’s regional state committee. connection with the administration of Total compensation would be Water appropriation stream parole. Release of medical or mental capped at $20,000 per year. Another flow bill advances health records would be subject to a board member who serves as proxy parolee’s consent. would receive the same daily compen- Water currently used for generating The amendment also would require sation when serving as representative. hydropower could instead be used to the department director to annually sub- The Nebraska Power Review Board maintain stream flow for fish, wild- mit a report detailing the race, gender authorizes and oversees electric genera- life and recreation under a proposal and age of all inmates held in restrictive tion and transmission facilities in the advanced from general file March 22. housing as well as the length of time state. The regional committee provides LB1038, as intro- spent in such housing. The report must guidance on the development and duced by Sen. Al Davis include the number of inmates diag- operation of electric transmission infra- of Hyannis, originally nosed with mental illness or behavior structure within the Southwest Power dealt with the trans- disorders held in restrictive housing. Pool—a group of utilities, power genera- fer of water rights. Following the 35-0 adoption of the tion and transmission companies that A Natural Re- Bolz amendment, senators advanced oversees electricity infrastructure in 14 sources Committee the bill to select file on a 34-0 vote. states including Nebraska. amendment, adopted Sen. Al Davis

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37-1, replaced the bill. It would allow a tion and monitoring of vehicles used to additional state funding to pay its ARC. water appropriation used to generate transport the wastewater and the peri- If the committee recommends pay- hydropower at a facility on a natural odic evaluation of an operator’s ability ment of the additional funding, and stream to be changed to an instream to pay the costs of shutting down a well. it is approved by the Legislature, the basin management appropriation to The commission is required to school plan ARC will be computed as be held jointly by the state Game and provide public notice of an injection a percent of payroll and the state will Parks Commission and at least one well permit application to the county, contribute to OSERS the lesser of the natural resources district. city or village where the well would same percent of payroll that was paid As amended, the bill incorporated be located and could conduct public to the school plan or the percent of OS- provisions from LB711, introduced by meetings to review them. ERS members’ compensation needed Sen. Dan Hughes of Venango. The The bill passed on a 48-0 vote. to the meet the OSERS plan ARC. provisions would re- The bill limits the state service annu- establish a task force ity and medical cost of living increase in with the goal of erad- the Omaha school plan to individuals icating invasive plant who were members prior to July 1, 2016. species that reduce In addition, school plan members stream flows. The will no longer be able to work up to task force would re- Omaha school retirement bill 20 hours per week while receiving the ceive $1 million per Sen. Dan Hughes passed disability benefit. An employee hired year beginning in fiscal year 2016-17. after July 1, 2016, no longer will be An amendment introduced by Bel- Lawmakers passed a bill March 24 able to vest with half year of service levue Sen. Tommy Garrett, adopted that makes changes to the Omaha credit if he or she is at least 65. 38-0, would require the state Depart- school employee retirement plan. The bill also incorporates provi- ment of Roads to provide permits to LB447, intro- sions of three additional measures. trim vegetation that obscures lawfully duced by Omaha LB805, introduced by Mello, re- placed advertising signs or displays. Sen. Heath Mello, quires each political subdivision that Senators voted 41-0 to advance the makes a number has a defined benefit plan to conduct bill to select file. of governance and an actuarial experience study at least benefit changes to every four years. Fracking well reporting the Class V (Oma- LB922, introduced by Seward requirement passed ha) School Employ- Sen. Heath Mello Sen. Mark Kolterman, adjusts the ees Retirement (OSERS) Act. terms of the Pub- Senators approved a bill March 24 The bill places OSERS staff under lic Employee Re- that enhances disclosure and public no- the control of the OSERS board of tirement Board tice regulations on wells used in hydraulic trustees and allows the board to ap- (PERB) so that fracturing, commonly called fracking. point the OSERS administrator and no more than two LB1082, sponsored by Sen. Ken oversee the administrator and staff. It members will be Schilz of Ogallala, requires commer- also transfers investment authority for appointed or re- cial injection well OSERS funds to the state treasurer, appointed in any Sen. Mark Kolterman operators to sample the Nebraska Investment Authority one year. It also clarifies procedures and analyze injected and the state investment officer. for filling a vacated term. wastewater at least State funding also changes under LB986, introduced by the Retire- once per year and the bill. If the state appropriates funds ment Systems Committee, adds new provide the result- for an actuarially required contribution duties for the Nebraska Public Em- ing data to the Oil (ARC) in the school employee plan, ployees Retirement Systems executive and Gas Conserva- Sen. Ken Schilz and the OSERS plan also has an ARC, director, the PERB and the actuary tion Commission, which regulates the Omaha Public School District may regarding experience studies and an- Nebraska’s oil and gas production. request a public hearing before the nual evaluation reports. The bill also requires the certifica- Appropriations Committee to request The bill passed on a 46-0 vote.

104TH LEGISLATURE • UNICAMERAL UPDATE • PAGE 15 March 21 - 24, 2016

which would create a sales tax sions of his LB1014. exemption for county agricul- These provisions tural societies; would exempt • LB888, originally introduced from levy limits by Omaha Sen. Heath Mello, any property taxes Tax exemption for treatment which would levied for bonds centers, others advanced clarify that in- issued by a county Lawmakers advanced a bill from surance com- airport authority. Sen. general file March 22 that would panies are eli- The Stinner amendment was ad- provide a tax exemption for certain gible for tax opted 35-0 and senators advanced the treatment centers. credits under bill to select file on a 40-0 vote. LB774, introduced by Norfolk the Nebraska Sen. Jim Scheer, would provide a sales Job Creation Sen. Heath Mello Tax credit for volunteer and use tax exemp- and Mainstreet Revitalization emergency responders advanced tion for purchases Act and also would reserve the made by nonprofit first $4 million in credits for Senators gave first-round approval substance abuse applications seeking credits of March 23 to a proposal to give tax cred- treatment centers. $150,000 or less until April 1 its to volunteer emergency responders. Scheer said other each year; LB886, introduced by Sen. Al nonprofit health- • LB1015, introduced by Harr, Davis of Hyan- care providers cur- Sen. Jim Scheer which would create a sales tax nis, would create rently receive the exemption. exemption for museums that a $250 refundable “The Nebraska tax policy was never rent or lease property; tax credit for vol- intended to levy taxes on nonprofit • LB1047, introduced by Harr, unteer emergency healthcare providers,” he said. which would add as a qualified responders, rescue A Revenue Committee amendment, activity the drying and aerating squad members adopted 34-0, incorporated provisions of grain in commercial facilities and firefighters who Sen. Al Davis of LB510 as originally introduced under the sales tax exemption meet certain criteria. The bill would by Omaha Sen. Tanya Cook. These for energy used in manufactur- establish a point system to determine provisions would ing and processing; and annual qualifications for the credit. allow an employer • LB1088, originally introduced The bill is estimated to reduce tax to apply a nonre- by Hyannis Sen. Al Davis, revenue by $2.2 million in fiscal year fundable tax credit which would create a sales tax 2017-18 and again in FY2018-19. against 20 percent of exemption for independent liv- Davis said volunteers play a critical its expenses used for ing centers. role in providing emergency services an employee’s post- Venango Sen. Dan Hughes sup- in much of the state, particularly in secondary tuition Sen. Tanya Cook ported the bill but raised concerns rural areas. Without volunteers, he or costs associated with a high school about passing additional sales tax said, local governments would need to equivalency program. The tax credit exemptions. raise property taxes to pay for profes- would be valid for no more than two “There is a growing disparity be- sional emergency services. Davis said years of an eligible employee’s expenses. tween sales and income taxpayers and the tax credit would help compensate The committee amendment incor- property taxpayers,” he said. “There volunteers for the amount of time porated provisions of are things the state needs to spend and money they spend training and five additional bills, money on but I’m more concerned responding to calls and provide an including: about the equity of where that money incentive to new volunteers. • LB542, original- comes from.” “This is just a minimum recogni- ly introduced Gering Sen. John Stinner introduced tion of all the good [volunteers] do for by Omaha Sen. an amendment to the committee our citizens,” he said. Burke Harr, amendment, which incorporated provi- Sen. Dan Watermeier of Syracuse Sen. Burke Harr

PAGE 16 • UNICAMERAL UPDATE • 104TH LEGISLATURE March 21 - 24, 2016 supported the bill, saying that volun- commission would present the plan using tax increment financing (TIF). teer emergency responders cover 75 to the Legislature no later than Dec. Before applying for special incen- percent of the state’s geographic area 1, 2017, and it would be implemented tives, a business must certify: and provide services to 55 percent of sometime after July 1, 2018. • whether it has filed or intends Nebraska’s population. He said the The plan would estimate the start- to file an application to receive proposal should be part of a larger dis- up and ongoing costs of a statewide tax incentives under the Ne- cussion on whether the state or local system and recommend the number braska Advantage Act for the governments should be responsible for of public safety answering points the same project; providing emergency medical services. state should maintain. The commis- • whether such application in- Senators voted 34-0 to advance the sion would ensure uniform statewide cludes or will include a refund bill to select file. standards for technical support, train- of the municipality’s local op- ing, efficiency and quality assurance at tion sales tax revenue; and public safety answering points. • whether such application has The bill also would create a fund been approved. that would be used to pay for the com- The bill also includes provisions of mission’s expenses in developing the two related bills. plan, estimated to be $1.1 million in LB860, originally introduced by Statewide 911 system proposal fiscal year 2016-17 and an additional Venango Sen. Dan advances $1 million in FY2017-18. Hughes, authorizes Additionally, the commission a municipality to use Lawmakers gave first-round ap- would provide an annual report to funds from a Local proval March 22 to a proposal to create the Legislature that would assess the Municipal Econom- a statewide 911 system. level of wireless 911 location accuracy ic Development plan LB938, as introduced by Sen. Jim compliance for wireless carriers. for workforce hous- Smith of Papillion, Senators voted 31-0 to advance the ing. Currently funds Sen. Dan Hughes would authorize the bill to select file. from such plans may be used only for Nebraska Public Ser- low- and moderate-income housing. vice Commission to Originally introduced by Lincoln plan, implement, co- Sen. Matt Hansen, LB808 allows ordinate, maintain a municipality to and organize fund- amend an existing ing for a statewide Sen. Jim Smith Local Municipal system that would be capable of next- Economic development disclosure approved Economic Devel- generation service. This means public opment plan to safety answering points would have the Businesses will be required to dis- add or remove a ability to receive 911 calls via voice, text close additional information before qualifying business or video using Internet protocol. applying for certain local economic if its citizen advi- Sen. Matt Hansen Smith said the bill is not designed development programs under a bill sory review committee recommends to supplant local governments’ control passed by the Legislature March 24. the removal. The provisions require over 911 services but to establish a The provisions of LB1059, intro- a public hearing and a supermajority statewide framework for coordinating, duced by Bellevue vote—two-thirds of members—of the managing and funding next-gener- Sen. Sue Craw- municipality’s governing body. ation 911 service. He said the costs ford, apply to The bill passed on a 44-1 vote. g incurred to develop the plan would businesses seeking be covered by existing surcharges and economic develop- not general funds. ment incentives A Transportation and Telecom- under the Local munications Committee amendment, Municipal Eco- Sen. Sue Crawford adopted 34-0, would require at least nomic Development Act or contracts two public hearings on the plan. The

104TH LEGISLATURE • UNICAMERAL UPDATE • PAGE 17 March 21 - 24, 2016 LEGISLATIVE GLOSSARY “A” Bill - see Appropriation Bill. Engrossment - the process of preparing a bill for Final Read- Amendment On File - an amendment of 10 or more pages, ing by incorporating all adopted amendments. not printed separately or in the Journal, that is available in Enrollment and Review (E&R) - the process of incorporating the Clerk’s Office (Room 2018). adopted amendments into a bill and reviewing the bill for Amendment Printed Separate - an amendment of 10 or more technical and grammatical accuracy. pages, printed separately from the Journal, that is available Executive Session - a closed meeting of a committee to dis- in the Bill Room (Room 1102). cuss and act on bills and resolutions. An executive session Appropriation Bill (“A” Bill) - a bill to appropriate funds to is open only to committee members, committee staff and finance another bill bearing the same number. the media. Attorney General’s Opinion - a written analysis of a question Final Reading - the third and last stage at which a bill is of law prepared by the attorney general for the governor, considered by the entire Legislature. The clerk reads the the head of an executive department or any state senator. entire bill aloud, unless final reading is waived, and sena- Bill - see Legislative Bill. tors vote without debate on whether to submit the bill to Bracket - to delay consideration of a bill. the governor. Call of the House - a procedure used to compel attendance Fiscal Note - a statement prepared by the Legislative Fiscal of unexcused senators in the chamber. Office estimating the effect a bill would have on state and/ Carry-over Legislation - bills and resolutions introduced or local expenditures and revenue. during the regular session in an odd-numbered year and Floor - the area of the legislative chamber where the senators held over for consideration during the regular session in sit. When a committee advances a bill “to the floor,” it means an even-numbered year. the bill is being sent to the full Legislature for consideration. Chair - the presiding officer. General File - the first stage at which a bill is considered by Cloture - a parliamentary action to cease debate on a bill and the full Legislature. Bills on General File may be amended, vote immediately on its advancement. A motion for cloture returned to committee, indefinitely postponed or advanced may be made after eight hours of to Select File. debate on most bills and after 12 Hearing - a regularly scheduled hours on appropriation bills in- committee meeting to receive troduced by the Appropriations public comment on proposed bills Committee. and resolutions. Constitutional Amendment Reso- House Under Call - the term used lution - a proposal to amend when all unexcused senators are the state constitution, ratify or required to be in their seats in reject an amendment to the U.S. the chamber and unauthorized Constitution, or petition Con- personnel must leave the floor. gress about amending the U.S. Indefinitely Postpone (IPP) - to Constitution. State CA resolu- kill a bill. tions have the suffix “CA” by Interim - the period between regu- the resolution number, and they lar legislative sessions. must be approved by the voters as well as the Legislature. Interim Study Resolution - a resolution authorizing a Consent Calendar - a portion of the agenda in which relatively committee to study an issue following adjournment of a noncontroversial bills are considered and quickly advanced legislative session. to the next legislative stage. Usually, a bill on consent cal- IPP - see Indefinitely Postpone. endar can be debated for no more than 15 minutes. Journal - see Legislative Journal. “E” Clause - see Emergency Clause. Laws of Nebraska (Session Laws) - bound compilation of all E&R - see Enrollment and Review. laws and constitutional amendment resolutions passed in Emergency Clause (“E” Clause) - a provision that allows a a legislative session, the state Constitution, and subject bill or a portion of a bill to take effect immediately after and section indexes. the governor signs it or after the Legislature overrides the Legislative Bill (LB) - a proposal to create, change or delete governor’s veto. one or more laws.

PAGE 18 • UNICAMERAL UPDATE • 104TH LEGISLATURE March 21 - 24, 2016

Legislative History - the committee and floor debate records may be printed in the Legislative Journal. for any bill. A history includes transcripts of the bill’s hear- Select Committee - a permanent committee with a subject- ing and all floor debate. matter jurisdiction related to the administration of the Legislative Journal - official record of legislative floor Legislature. action, including all motions, the number of yeas Select File - the second stage at which a bill is con- and nays on each vote, etc. sidered by the entire Legislature. Bills on Select Legislative Resolution (LR) - a proposal to File may be amended, returned to committee, make a formal expression of opinion, in- indefinitely postponed or advanced to Final tent or recognition; amend the state or Reading. federal constitution; or authorize a study Session - a period of time, usually a num- of an issue during the interim. See also ber of days, during which the Legislature Constitutional Amendment Resolution, meets and transacts business. Interim Study Resolution. Session Laws - compilation of all laws Line-Item Veto - the power of the governor and constitutional amendment resolu- to make specific reductions in any part tions passed in a session. of a budget bill passed by the Legislature. Sine Die - without setting a future date Machine Vote - a vote taken by electronic for reconvening. When the Legislature voting system. The voting board shows adjourns sine die, the legislative session how each senator voted, but only vote is finished for the year. totals are entered in the Legislative Journal. Slip Law - a bill or constitutional amend- Major Proposal - a bill or constitutional amend- ment resolution printed individually in its ment resolution that the speaker designates as approved form after being enacted into law or important enough for scheduling priority. Each submitted to voters. session, up to five bills may be chosen as major proposals, Speaker of the Legislature - the officer of the Legislature, all of which must be senator priority bills and must get the elected from among the senators, who prepares the daily approval of two-thirds of the Executive Board. agenda and the session calendar and presides in the absence One-liner - a one-line description of a bill or resolution. of the lieutenant governor. Override a Veto - see Veto Override. Special Committee - a committee created by law for a specific President of the Legislature - the lieutenant governor. While reason. Except for the Executive Board, special committees senators address whomever is in the chair as Mr. or Madam have no jurisdiction over bills or resolutions. President, the lieutenant governor alone holds the official Special Session - a limited legislative session called for a spe- title. cific purpose by the governor or two-thirds (33 members) Presiding Officer - the senator currently presiding over leg- of the Legislature. islative proceedings. Standing Committee - a permanent committee with subject- Priority Bill - a bill that has priority status and generally is matter jurisdiction related to an area of public policy. considered ahead of other bills in debate. Each senator may Almost all bills and resolutions are referred to one of the select one priority bill, each committee may select two prior- 14 standing committees. ity bills, and the speaker may select up to 25 priority bills. Summary Sheet - a daily list of all legislative activity that has Record Vote - a vote on which a record is kept of how each taken place in one legislative day, including action taken senator voted. The vote is taken by electronic voting system on bills and resolutions. and the senators’ names and corresponding votes are then Veto - the power of the governor to reject bills passed by the printed in the Legislative Journal. Legislature. The governor has five days, excluding Sundays, Regular Session - the annual session that begins the first to either sign or veto a bill. The Legislature then has an Wednesday after the first Monday in January. opportunity to override the veto. Resolution - see Legislative Resolution. Veto Override - the power of the Legislature to pass a bill over Revisor Bill - a bill, prepared by the Office of the Revisor of the governor’s veto. A veto override requires the approval Statutes, proposing a technical correction or the repeal of of three-fifths (30 members) of the Legislature. an obsolete statute. Voice Vote - a vote in which senators cast their votes orally Roll Call Vote - a vote during which the senators vote one at and no totals are recorded. a time as the clerk reads their names. Senators cast their Worksheet - a list, prepared daily, that indicates the status of votes verbally, and their names and corresponding votes all bills and resolutions at the end of that legislative day.

104TH LEGISLATURE • UNICAMERAL UPDATE • PAGE 19 Unicameral Information Office PRESRT STD Nebraska Legislature U.S. POSTAGE PAID P.O. Box 94604 LINCOLN, NE Lincoln, NE 68509 PERMIT NO. 212 03-23-05