Lawmakers Advance Illegal Immigration Proposal Awmakers Advanced an Illegal Immigration Proposal Feb

Vol. XXXII, No. 8 UNICAMERAL Feb. 23 - Feb. 27, 2009

THE NEBRASKA LEGISLATURE’S WEEKLY PUBLICATION Stories published online daily at www.NebraskaLegislature.gov. UPDATE Lawmakers advance illegal immigration proposal awmakers advanced an illegal immigration proposal Feb. 25 L that would require electronic verification of legal status for some employees and applicants for public benefits. LB403, introduced by Wilber Sen. Russ Karpisek at the request of the governor, would prohibit state agencies and political subdivisions from providing federal, state or local public benefits to individuals not lawfully present in the United States. A Judiciary Committee amendment, adopted 40-2, included provisions from two other bills relating to immigration: LB34 and LB335. LB34, sponsored by Omaha Sen. Brad Ashford, would require public employers to verify the legal status of employees by using E-Verify, a federal database operated by the U.S. De- partment of Homeland Security and the Social Security Administration. Status checks would be conducted after hiring. LB335, introduced by Omaha Sen. continued on page 2 Sen. Russ Karpisek, introducer of LB403, explains that his bill would require electronic checks to verify legal status. Committee releases preliminary budget report he Appropriations Committee tions would result in a financial financial status include revenue fore- released its preliminary budget status that is $36.4 million below the cast revisions, availability and use of Treport Feb. 26, proposing ad- minimum reserve. This likely will be federal stimulus funds, the status of justments that would increase state adjusted in the final budget recom- the state’s defined benefit retirement obligations by $54.8 million over the mendation, as the committee foresees funds and use of cash reserve fund biennium in comparison to Gov. Dave significant alterations to the prelimi- monies. Heineman’s budget plan. nary financial status before April. According to the National Confer- The committee’s recommenda- Factors that likely will alter the ence of State Legislatures, Nebraska’s continued on page 3 INSIDE: Chewing tobacco tax bill amended • Meet Sen. Coash • Bill removes adoption barrier • Priority bills Feb. 23 - Feb. 27, 2009

A CLOSER LOOK Illegal immigration proposal advances continued from front page Mike Friend, would deny tax incentives to employers who do not electronically verify the legal presence of all employees working in Nebraska. Fremont Sen. Charlie Janssen withdrew his amendment that would have repealed the Nebraska Dream Act. Under the act, qualified undocumented immigrant students are allowed to pay resident tuition at the University of Nebraska and state colleges. Karpisek said Janssen’s amendment to repeal the Dream Act, while an important issue, should be considered as a separate proposal. “I feel that we have way more problems with immigration than just the Dream Act,” he said. In fact, Karpisek offered an amendment to specifically exclude the issue of in-state tuition from the bill. His amendment was adopted on a 36-0 vote. Several senators questioned the necessity of LB403. Lincoln Sen. Danielle Nantkes said the issue had already been addressed Sen. Charlie Janssen, left, explains his withdrawal of his amendment to repeal in-state under federal law. tuition for undocumented students, as Sen. Brad Ashford looks on. “LB403 does not achieve a savings of taxpayer dollars,” Nantkes said, citing 1996 federal legislation that prohibits illegal immigrants from receiving public benefits. Omaha Sen. Brenda Council agreed, saying the state Department of Labor has been using the Systematic Alien Verification for Entitlements program for 25 years for unemployment benefit applicants. “I remain convinced that this legislation is unnecessary,” Council said. “The system is in place and the system is already working.” But Scottsbluff Sen. John Harms said his constituents expected action from the Legislature on the issue of illegal immigration. “They have spoken to us very honestly and very openly,” he said, referencing the Judiciary Committee’s public hearings held throughout the interim. “I think they would expect for us to go the distance on this.” LB403 advanced to select file on a 45-2 vote.

Sen. Danielle Nantkes questioned the necessity of LB403.

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A CLOSER LOOK Preliminary budget report released continued from front page share of the federal stimulus package is approximately bill, would appropriate funds for state government $1.2 billion, but important questions remain regarding expenses; how stimulus funds will impact the budget process. Key • LB311 would provide for deficit appropriations and issues include final dollar amounts and disbursement make certain transfers; schedules, what proportion of funds will be distributed • LB312 would provide appropriations for legislative at the state level versus the local level and possible us- salaries; age restrictions. • LB313 would appropriate funds for the salaries of The committee report puts the spending growth constitutional officers; rate at 2.4 percent per year for the biennium, which is • LB314 would appropriate funds for capital con- slightly higher than the governor’s recommendation of struction; 1.8 percent. Both numbers are significantly lower than • LB316 would create and transfer funds; and the pre-session estimate of 4.6 percent. • LB317 would make various transfers from the state’s The difference between the governor’s proposed cash reserve fund. budget and the preliminary budget amounts to approxi- The Nebraska Economic Forecasting Advisory Board, mately .75 percent of the total general fund budget over whose job is to set annual revenue projections for sales, the two-year period. income, corporate and miscellaneous taxes, met Feb. 27. The differences can be attributed to increases in The board voted to decrease revenue projections for provider rates, increased education funding, increases the current fiscal year by $81 million, most of which is in state employee salaries and health insurance expen- being anticipated from decreased individual income tax ditures and lower base cuts in agency budgets. receipts. Among the significant adjustments from the current For FY2009-10, the board predicts revenues will be biennium recommended by the committee are the fol- $150 million lower than originally thought. The projection lowing: for FY2010-11 was lowered by $131 million. The board • a $100 million increase is state aid to schools; projects revenues for the 2009-11 biennium to total $7.03 • a $35 million increase in state salaries; billion. • a $24.9 million net reduction in homestead exemption reim- bursements; • a $24.3 million increase in university and state college aid; • a $22.3 million increase in state health insurance; • a $20.9 million base reduction to state agencies; • a $16.8 million increase in special education funding; • a $15 million increase in BSDC funding; • a $13.3 million increase in capital construction; and • a $6.4 million reduction in children’s health insurance (SCHIP). Several bills comprise the gover- nor’s budget package: Members of the state’s economic forecasting board review the latest fiscal projections Feb. 27. • LB315, the mainline budget From left: Jerome Deichert, Laurence Lanphier and Tonn Ostergard.

101st LEGISLATURE • Unicameral Update • Page 3 Feb. 23 - Feb. 27, 2009 ISSUES UPFRONT

Banking, Commerce & Insurance

Changes in credit report freezes advanced Bill clarifies FDIC coverage of LB293, introduced by Lincoln Sen. public funds Danielle Nantkes, would adopt the Lawmakers advanced a bill to Short-Term Lend- select file Feb. 26 that would change Lawmakers gave final approval ers Act, which provisions relating to credit report Feb. 27 to a bill that clarifies provi- would be admin- security freezes. sions relating to the deposit of public istered by the state LB177, sponsored by Omaha Sen. funds. Department of Steve Lathrop, Current law requires public fund Banking and In- would repeal a deposits in excess of amounts insured surance. The bill requirement that by the Federal Deposit Insurance would establish consumer report- Corporation (FDIC) to be secured the Financial Lit- Sen. Danielle Nantkes ing agencies remove either by pledged securities or a guar- eracy Education a security freeze antee bond. Fund of $250,000, administered by seven years after it LB259, sponsored by Hastings Sen. the department, to support finan- is initiated. Lath- Dennis Utter, clari- cial literacy programs. A statewide Sen. Steve Lathrop rop said consumers fies that references database of borrowers also would be often need at least to amounts insured created under the bill. seven years to clear up a case of iden- by the FDIC also Nantkes said the bill would protect tity theft. include amounts the working poor, the elderly and The bill also defines the term mi- guaranteed by the veterans from payday lenders that nor in relation to the Credit Report FDIC for any law perpetuate debt. Payday lenders pro- Protection Act to make it consistent requiring a bank, vide short-term loans, often charging with other state law. capital stock finan- Sen. Dennis Utter $15 per $100 loaned, she said. Senators adopted a committee cial institution or “Predatory lending and payday amendment 35-0 to reduce to $3 the qualifying mutual financial institu- lending is hurting our communities,” fee that consumer reporting agencies tion to secure the deposit of public Nantkes said. may charge for placing, temporarily funds in excess of amounts insured The bill would set license fees for lifting or removing a security freeze. by the FDIC. short-term lenders, cap annual per- “A security freeze is the strongest The bill passed 49-0. centage rates for short-term lenders tool available to stop identity theft,” at 36 percent, limit loan amounts to Lathrop said. “This bill makes a good Committee considers payday $500 and establish a 35-day limit for tool in the fight against identity theft lending limitations borrowers. Under the bill, the state even better.” Department of Banking and Finance The bill advanced to select file on Short-term lenders would face would develop and implement an on- a 41-0 vote. new restrictions under a bill heard by line database to determine borrower the Banking, Commerce and Insur- eligibility. The bill also would require ance Committee Feb. 23. the department to annually review

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ISSUES UPFRONT licensees to make sure lenders follow Horner works for Wyoming Financial his testimony did not reflect the views regulations. Violations would result Lenders, which has 14 lenders in of the board. Netley called the bill a in a Class I misdemeanor. Nebraska. “dubious plan to save money,” and Mark Pomeroy of Christ for the “This bill is intended to kill our said that raising premiums would re- City International supported the industry,” he said. sult in more uninsured Nebraskans. bill. He said payday lenders trap bor- The committee took no immediate David Filipi of the Nebraska Medi- rowers in a cycle of debt. Pomeroy action on the bill. cal Association also opposed the bill. works with such borrowers to help He said the 125 percent reimburse- them set attainable budgetary goals Bill would make funding changes ment rate would result in fewer for their families. If payday lenders to NECHIP physicians participating in NECHIP, are allowed to continue operating as as typical reimbursement rates are they have, he said, their customers’ Several funding changes would be around 150 to 175 percent. financial obstacles could grow too made to the Nebraska Comprehen- Bob Rieker of the Nebraska Hospi- large to overcome. sive Health Insurance Pool (NECHIP) tal Association opposed the bill, say- “These dreams that these good- Act under a bill heard by the Banking, ing fewer physicians participating in hearted people have will be squashed,” Commerce and Insurance Committee NECHIP would shift costs to hospital he said. Feb. 24. emergency rooms, as the uninsured Lea Wroblewski of Legal Aid of LB358, introduced by Omaha Sen. have no other place to go. Nebraska also supported the bill. She Rich Pahls, would raise premium rates “Hospitals, by federal law, are the said she works with borrowers who for NECHIP participants and allow backstop,” Rieker said. are harassed by payday lenders try- the state Department of Insurance to Adam Steffen of Blue Cross Blue ing to secure payment on loans that set health care provider rates at 125 Shield testified in a neutral position. never should have been made in the percent of Medi- He said his company would be willing first place. care reimbursement to negotiate with medical providers “Your ability to repay should be rates. Under the bill, and encourage them to agree to vol- considered when loans are being people who apply untary reimbursement reductions of given,” Wroblewski said. “Borrowers for NECHIP based 10 to 15 percent, which he said could are completely in over their heads. on eligibility other result in savings of up to $3 million They are held hostage.” than that required annually. But Patricia Cirillo, a market by HIPAA would Sen. Rich Pahls The committee took no immediate researcher from Cypress Research have to exhaust cov- action on the bill. Group, said payday lenders provide a erage under COBRA. The bill also service that banks and credit unions would require COBRA participation. cannot because payday lenders do not NECHIP provides health insur- General Affairs have the requirements a bank or a ance to Nebraska residents who are credit union would when considering unable to obtain it at an affordable Bills would allow alcohol in state whether or not to grant a loan. price or without restrictions because parks “Operationally, they’re just not set of a medical condition. up to do this,” she said. Ann Frohman, director of the The General Affairs Committee Kevin Bernadt also opposed the department, testified in support of heard joint testimony Feb. 23 on two bill. He owns Cash Solutions, a pay- the bill, saying the NECHIP program bills that would lift a 14-year-old ban day lender in Lincoln. He said his cus- could be insolvent as early as 2012 if on alcohol consumption on lands tomers are often middle class citizens changes are not made. owned and operated by the Nebraska who have an unexpected expense. “We’ve done as much as we can do Game and Parks Commission. “I’ve had many customers from all administratively,” Frohman said. “We Introduced by Tekamah Sen. Kent different walks of life,” he said. absolutely have to have solutions.” Rogert, LB478 would allow alcohol Rich Horner said the APR cap in Dick Netley serves on the NECHIP consumption at parks and recre- the bill would make it impossible for board of directors. He testified in op- ational sites owned and operated by payday lenders to continue operating. position to the bill, but stressed that Game and Parks.

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LB576, also introduced by Rogert, for those enjoying the park system, Sen. Gwen Howard, would allow ad- would allow Game and Parks to set something law enforcement wouldn’t ditional weight to be given to support rules and regulations regarding al- be able to assure if the alcohol ban or opposition from businesses and cohol consumption and issue licenses were lifted. residents located within 500 feet, and for alcohol sales Diane Riibe of Project Extra Mile neighborhood associations located at designated lo- agreed. within 100 feet, of a liquor license cations within the “We’re at a critical stage in regard applicant’s potential place of busi- state park system. to law enforcement capacity,” she ness. The Liquor Control Commission Rogert said all said. “We can’t ramp up what we could use this input as the sole reason neighboring states don’t have.” to deny a license. allow alcohol con- Robert Tichota of Blair, a camp- Howard said residents in her dis- sumption in state ground host for more than 12 years, trict are concerned parks and that Ne- Sen. Kent Rogert said parks deal with a host of alcohol by the number of braska looses rev- related problems even though alcohol off-sale liquor loca- enue by being the only state in the is officially banned. Families go to the tions in their com- region with a total ban. parks to get away from the “hustle munities and are “We have a great park system in and bustle” of the city, Tichota said, seeking greater in- the state of Nebraska,” he said, adding so the safety and tranquility of parks put in the granting should be protected. of liquor licenses. that his bill would encourage more Sen. Gwen Howard Nebraskans to use the park system. Roger Kuhn, assistant director “My constitu- Rogert said sales of park permits of the Nebraska Game and Parks ents feel that, no matter what they do, dropped by approximately 10,000 Commission testified in a neutral the process is stacked against them,” the year after the alcohol ban was capacity. she said. “More liquor outlets are not implemented and have declined ever Kuhn said it is important to re- the kind of economic development since. member that there were no restric- needed in established neighborhoods Jim Pappas testified in favor of tions on alcohol consumption in state and communities.” the measures, saying they would parks prior to the ban. Alcohol could Under the bill, a liquor license help bring young people to the state’s be consumed 24-7, anywhere on the would terminate upon the sale of the recreation areas. Young campers tend property. premises holding the license. A pur- to purchase their supplies from local “We all know that we have had chaser would be required to obtain vendors, he said, which would mean problems in the past,” Rogert ac- a new license, and the commission more business for those who sell food, knowledged. “And a few bad apples would no longer issue temporary firewood, bait and fishing licenses. ruined it for the bunch.” agency agreements. He said the north side of Lake Mc- Rogert said some restrictions Howard said the commission Conaughy is in particular need of likely would be needed and would be frequently issues temporary agency development. welcomed under his proposal. agreements that transfer liquor li- “It’s like a ghost town,” Pappas “This bill leaves a lot of room for censes from one owner to another said. rules,” Rogert said. when a business changes hands, while But opponents expressed concern The committee took no immediate the new owners’ application is being about enforcement and safety. action on either measure. processed. Former Game and Parks employee Problems arise, Howard said, Dick Turpin said the situation in the More citizen input sought for because the license remains in the mid-90s was so bad that the state liquor license applications previous owner’s name, although briefly considered calling in the Na- they no longer own the business. tional Guard to some of the parks. Neighborhood residents could Liquor licenses should not transfer People brought pickup loads of beer have a greater impact on liquor li- with ownership, she said. to Lake McConaughy, he said, and cense applications under a measure “That is directly contradictory to law enforcement was outnumbered. heard Feb. 23 by the General Affairs what the Legislature has set out in Turpin said a park sticker should Committee. statute,” Howard said. imply a certain level of protection LB605, introduced by Omaha The bill also would prohibit alco- Page 6 • Unicameral Update • 101st LEgislature Feb. 23 - Feb. 27, 2009

ISSUES UPFRONT hol storage in any retail business that tion felt by neighborhood residents, minimum grade of lieutenant does not hold a liquor license and but said the state should not pass laws colonel; all applicants for a license would be based solely on an Omaha problem. • one deputy adjutant general, required to document that they are “This isn’t the state of Omaha,” she chief of state or deputy direc- current on all federal, state, local and said. “It’s the state of Nebraska.” tor with a minimum grade of workers’ compensation taxes. Siefken said the bill’s provisions, colonel; “It should be required that one be while aimed at a few bad actors, • one assistant director for Ne- a responsible member of the com- would negatively impact law-abiding braska Emergency Manage- munity,” Howard said. businesses and communities across ment Agency affairs; and Diane Riibe of Project Extra Mile the state. • other officers and enlisted testified in support of the bill, saying Executive director of the Ne- personnel in the number and her organization has long supported braska Liquor Control Commission, grade as prescribed by U.S. the elimination of temporary agency Hobert Rupe, testified in a neutral Army and U.S. Air Force per- agreements. capacity. He said temporary agency sonnel documents. “They are essentially an agreement agreements are problematic and that Avery said the current rank struc- with no one,” Riibe said. “It’s a prac- the commission would prefer to be ture limits the ability of some person- tice that is easily abused.” granted authority to issue temporary nel to advance in rank. Margie Magnuson of the Alcohol licenses instead. The bill also would extend law Impact Coalition also testified in Rupe said the commission cannot enforcement authority to Nebraska support. take into consideration the density of National Guard members serving Magnuson said her organization, a liquor licenses in a particular area, federal Title 32 U.S. Code status and coalition of 12 Omaha neighborhood because the Nebraska Supreme Court to National Guard members from organizations, is seeking a greater has declared such considerations un- other states and territories while in voice in their neighborhoods’ futures constitutional unless license density active service to Nebraska. and said they have been frustrated can be directly tied to an increase in Avery explained that Title 32 al- in dealing with the Liquor Control crime. lows the federal Commission when protesting ap- The committee took no immediate government to use plications. action on the bill. National Guard “The business interests trump members for large- what the citizens want,” she said. scale disasters and “We’re a minor consideration.” Government, other emergencies Jan Quinley, an east Omaha resi- under federal, dent, agreed. Military & rather than state, “The citizen is treated as though authority. Recent Sen. Bill Avery we are the nuisance,” she said. “The Veterans Affairs examples of Title law is very specific. A liquor license is 32 actions include assistance missions a privilege, it’s not a right.” Military Department and National following hurricanes Katrina and Jack Cheloha, lobbyist for the city Guard changes proposed Gustav, he said. of Omaha, also testified in support Col. Doug Wilken, testifying on of the bill, saying it would empower The Government, Military and behalf of the Nebraska National Guard neighborhoods. The Omaha City Veterans Affairs Committee heard adjutant general, testified in support Council unanimously supported testimony Feb. 26 on a bill that would of the bill. provisions for greater citizen input change provisions relating to state Since 9/11, guard troops have been and prohibitions on allowing alcohol Military Department personnel and called upon to serve numerous mis- storage at locations without a liquor National Guard member peace officer sions throughout the U.S., Wilken said, license, he said. powers. and recent multi-state missions have Kathy Siefken of the Nebraska Under LB550, sponsored by Lin- highlighted challenges created when Grocery Industry Association testi- coln Sen. Bill Avery, the state Military status limits the National Guard’s au- fied in opposition. Department would consist of: thority to accomplish a mission. Siefken acknowledged the frustra- • an adjutant general with a For example, troops sent to Loui- 101st LEGISLATURE • Unicameral Update • Page 7 Feb. 23 - Feb. 27, 2009

ISSUES UPFRONT siana following Hurricane Katrina under certain circumstances. Under programs are providing for people’s needed law enforcement authority to the bill, post-adoption assistance will health and safety, Lathrop said. accomplish their mission, but Louisi- mirror the previous guardianship as- Carla Sorensen, testifying on be- ana law was unclear on whether that sistance if: half of the Nebraska Association of authority was granted to troops from • the adoption ends the court’s Service Providers, opposed the bill, other states, he said. involvement; saying the context within which it was LB550 would remove that ambi- • the child becomes a legal mem- introduced has changed. guity for Nebraska National Guard ber of the family and the guard- Providers received a draft of new troops serving under federal Title 32 ian assumes full parental rights regulations from HHS on Feb. 23, U.S. Code status, Wilken said. and responsibilities; and Sorensen said, adding that it would be The bill also provides that the • there is no danger of another premature to require the department governor be required to grant law party petitioning for custody to formulate a new set of rules before enforcement authority to Nebraska or visitation rights. implementing the current set. National Guard members on state ac- Lawmakers passed the bill 49-0. Dave Merrill, director of Region V tive duty orders in a state status, and Services, testified in a neutral capac- he or she could limit such authority Oversight proposed for ity, noting that community-based as necessary. community-based disability providers are currently subject to Currently, law enforcement au- services over 2,600 state regulations by virtue thority is automatically granted to of doing business in Nebraska. Nebraska National Guard members The Health and Human Services Lathrop acknowledged that HHS on state active duty status and cannot Committee heard testimony Feb. 25 had, “by coincidence or by design,” be modified. on a measure meant to clarify the released a set of regulations since his Wilken said guard members of- duties of the state Health and Hu- bill was introduced, but said that did ten do not require police powers to man Services Department’s director not negate the bill’s necessity. perform their missions, and the bill of developmental disabilities. “There’s no harm in making sure would allow the governor to limit LB291, introduced by Omaha that [the regulations] go from this such powers when needed. Sen. Steve Lath- stage to being implemented,” he There was no opposition testi- rop, would clarify said. mony and the committee took no that the director’s The committee took no immediate immediate action on the bill. duties include pro- action on the bill. viding appropriate oversight of indi- Developmental disability reim- viduals who receive bursement change proposed Health and community-based developmental dis- Sen. Steve Lathrop Community-based developmental Human Services ability services in Nebraska. disability service reimbursement The bill also would require HHS to would change under a bill heard Feb. Bill removes adoption barrier adopt initial rules and regulations no 25 by the Health and Human Services later than Sept. 1 in regard to the care, Committee. A bill that allows the state-sub- safety and habilitation of those re- Under LB390, introduced by Lin- sidized adoption of children in sub- ceiving community-based services. coln Sen. Colby sidized guardian- Lathrop said the bill would instill Coash, communi- ships received final confidence in community-based ty-based develop- approval Feb. 27. services, something that is lacking mental disability LB91, spon- among families of persons with dis- services funded sored by Omaha abilities in Nebraska. Given the cur- through the state Sen. Gwen How- rent focus on moving individuals with Health and Hu- ard, allows sub- developmental disabilities from insti- man Services De- Sen. Colby Coash tutional to community-based care, partment’s devel- sidized guardians Sen. Gwen Howard to adopt children the state needs to make sure such opmental disabilities division would Page 8 • Unicameral Update • 101st LEgislature Feb. 23 - Feb. 27, 2009

ISSUES UPFRONT be reimbursed on a daily rather than disabled persons and family support Education, also supported the bill, an hourly basis. program. saying it would provide important Coash said he sponsored the bill Under LB590, sponsored by Ew- resources to allow severely disabled because the current system is not ing Sen. Cap Dierks, financial com- Nebraskans to remain in their own working. pensation for family caregivers and homes and communities. Providers need to focus on quality reimbursement for special foods Kolb said having a severe disability of care rather than auditing hourly and medical needs does not mean that a person neces- service provision, he said. would be covered sarily requires daily medical care or “The rate stays the same,” Coash by the program. needs to live in a medical facility, even said. “The bill will be cost neutral and Special foods and if the individual requires complex a way for providers to focus more on medical needs are care. When disabled individuals are doing their jobs.” defined as those institutionalized, they lose important He said daily reimbursement is purchased specifi- daily contact with family members, he used to receive payment from HHS by cally for a disabled Sen. Cap Dierks said, and the state loses that individu- child welfare, nursing homes, hospi- family member al as a wage earner and taxpayer. tals and assisted living centers. that are different from what would “You can’t acquire and hold a job “Daily reimbursement is not un- otherwise be purchased by a family. if you’re residing in a nursing home,” common in the department,” Coash Under the bill, a family caregiver Kolb said. said. would be compensated at a higher Vivianne Chaumont, HHS direc- Roger Stortenbecker, testifying on rate than a salaried state employee tor of Medicaid and long-term care, behalf of Developmental Services of for similar work done at a state fa- testified in opposition, saying the bill Nebraska, supported the bill, saying cility. The caregiver and his or her would significantly change the nature providers are currently using a mix family would be eligible for health of the state’s disabled persons and of monthly, daily and hourly units for insurance as if the caregiver were family support program. reimbursement. a full-time state employee. Family The program was established to “We’re trying to have one foot in caregivers also would be exempt from provide supplemental support of up three different kinds of funding,” he the act’s $300 per month compensa- to $300 per month for personal care, said. “It’s caused a lot of confusion.” tion limit. transportation and other expenses ENCORE director Bob Brinker Dierks said the bill would ensure incurred for the in-home care of low agreed. that individuals are able to care for income disabled individuals, she Hourly payment is difficult to disabled family members who cannot said. track and manage, he said, because an be served elsewhere. Currently, the program is funded individual’s needs and circumstances “We need to help family members entirely through a $910,000 appro- change each month. All neighboring who are willing to stay home and care priation from the Legislature and states have a system of per diem re- for their loved ones,” he said. served 639 people in 2008, Chau- imbursement, he said. Dee Shaffer, whose son is se- mont said. Passage of LB590 would “Per diem is the standard and verely disabled, testified in support require either a sharp reduction in the one that makes the most sense,” of the bill. She said it would provide the number of individuals served or Brinker said. coverage for specialized goods and a significant increase in expenditures, There was no opposition testi- services her son needs, including she said. Departmental estimates mony and the committee took no chiropractic care, acupuncture and indicate that only 19 individuals immediate action on the bill. organic foods. could be served with existing funds, “He can’t use most products or Chaumont said, and fully funding the Bill would expand disability pro- drugs because he’s allergic to them,” program for all eligible individuals gram she said. “Food costs are very high would require a commitment of over because we’re limited to what he’s $20 million per year in state funds. The Health and Human Services not allergic to.” The committee took no immediate Committee heard testimony Feb. 25 Tim Kolb, executive director of action on the bill. on a bill that would expand the state’s the Kolb Foundation for Disability

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ISSUES UPFRONT

fender would be charged and that Bill proposed to fill gaps discov- Judiciary would gain publicity. ered by safe haven bill “We think it’s maybe a solution Bill would make records of disci- looking for a problem,” he said. Parents could request behavioral plinary action public The committee took no immediate health services from the state while action on the bill. maintaining custody of their children A bill heard Feb. 26 by the Judi- under a bill heard by the Judiciary ciary Committee would make public Committee considers sports Committee Feb. 25. the records of disciplinary action agent regulation Fullerton Sen. Annette Dubas, against various law officers and edu- sponsor of LB356, cation employees. Sports agents seeking to represent said the bill would Lincoln Sen. Bill Avery, sponsor of student athletes would have to regis- reduce the number LB144, said disclosures of such action ter with the state under a bill heard by of parents who feel are in the public’s the Judiciary Committee Feb. 26. they must legally best interest. LB292, introduced by Omaha Sen. transfer custody “This bill is Steve Lathrop, would require regis- of their children about openness tration, certification and background to the state so that Sen. Annette Dubas and accountabil- checks of sports agents seeking to they may receive ity,” he said. “It’s represent intercollegiate athletes. The behavioral health services. not about going process would be administered by the Dubas said she introduced the bill to after anybody.” secretary of state. address gaps in access to children’s be- Under the bill, Sen. Bill Avery Under the bill, student athletes havioral health services brought to light any final person- would be able to opt out of an agree- by the state’s 2008 safe haven law. nel record of disciplinary action ment within 14 days of signing. The “[Those families] paint a portrait against employees with the authority director of the school’s athletic depart- of desperation,” Dubas said. “They il- to arrest, including local police, sher- ment would have to be notified when a lustrate how a lack of good care early iffs and state patrol officers, would be student athlete en- on can create problems.” made public if they involve physical ters a contract with Under the bill, parents could re- or sexual abuse. a sports agent. quest temporary behavioral health The bill also would make public “This is neces- services from the six behavioral health any record of disciplinary action in- sary to protect regions in the state. A child would be volving violations of school district young people,” assessed by the state Department of policies or state law against teachers, Lathrop said. Health and Human Service’s division administrators and full-time employ- Tom Osborne, of behavioral health. A treatment plan ees of any public school district. would be created and an updated plan UNL athletic de- Sen. Steve Lathrop Avery offered an amendment to partment director, would be agreed upon after 90 days the committee that would narrow the testified in support of the bill. He said of services. If there is disagreement education records to those dealing currently sports agents in Nebraska about the plan, court oversight would with only physical or sexual abuse. do not have to provide any credentials provide direction. Koby Gilbertson of the Nebraska when seeking to represent students. Dubas said families who lack in- State Patrol testified in opposition This lack of accountability has led surance plans covering mental health to the bill. She said the patrol would some student athletes into financially services can find services for their like to keep records involving internal ruinous contracts with disreputable children only through relinquishment affairs investigations private because sports agents. of custody. Making a child a state they contain sensitive information. “It would expose those who have ward is not the best way to resolve Jack Cheloha, lobbyist for the city no credentials and are making prom- mental health issues, she said. of Omaha, also opposed the bill. He ises that simply can’t be kept,” Os- “Most often, parents are the chil- said if action rose to the level of a borne said. dren’s best and most ardent advocates,” criminal offense, as it would in cases The committee took no immediate she said. “They need to be involved.” of physical or sexual abuse, the of- action on the bill.

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Bill Dunn of Grand Island testi- Bill would allow anti-bias agency “This is really meant to prevent the fied in support of the bill. His son, to file court actions state from losing any funds in these Michael, has been diagnosed with tough economic times,” she said. several mental disorders. After the A bill heard Feb. 27 by the Judiciary Tim Butz, assistant director of the Dunn’s insurance ran out, they relin- Committee would allow the Nebraska Fair Housing Center of Nebraska, quished custody to get access to state Equal Opportunity Commission also supported the bill. He said the mental health care services. He said (NEOC) to file petitions regarding issue went beyond loss of funds. he understood the unintended conse- fair housing laws if the state attorney “I’m worried about the people who quences of the safe haven law. general declines to file action. are denied their rights,” he said. “Last year’s news was jaw drop- Under LB442, sponsored by Assistant Attorney General Dale ping to many parents,” he said. “But Omaha Sen. Brenda Council, the Comer testified in opposition to the not to us. We’ve cried their tears.” NEOC would be bill. He said the bill is unconstitution- Megan Byars also testified in allowed to file ac- al because it takes away the powers of support of the bill. Now 23, Byars tions regarding a constitutional officer. The attorney recalled the trauma of her parents’ the Nebraska Fair general, or someone designated by decision to make her a state ward Housing Act if the the attorney general, is the only per- when she was nine in order to cover attorney general son who can file actions on behalf of the cost of a residential treatment has not filed a the state, he said. center. petition 30 days Sen. Brenda Council Chief Deputy Attorney General “At nine years old, a child doesn’t after receiving au- David Cookson also opposed the bill, understand the system,” she said. “I thorization from the commission. saying it is unnecessary because of cried all night wondering why my Council said she introduced the bill to the June agreement. parents gave me away.” resolve an issue between the NEOC and “What we’d like to do is not focus Scot Adams, director of the de- the state attorney general. on these contentious back and forth partment’s division of behavioral The Department of Housing and issues, but focus on making good health, opposed the bill, saying un- Urban Development cut off funding cases,” Cookson said. “We worked defined language made the proposed for the NEOC in April of last year out a good deal.” process confusing. He said the court because so few of the cases referred The committee took no immediate oversight outlined in the bill would to the attorney general were being action on the bill. expand government intrusion into pursued in court. The NEOC receives families. about $2,400 per investigation from “This bill could encourage parents the federal government. Natural to agree with other parties in order to In June, the two state agencies avoid court involvement,” he said. signed a memorandum of under- Resources The bill’s fiscal note estimates an standing allowing cases to be referred increased cost of $82 to $119 million to private lawyers if “the attorney Roadside trapping bill advances for the next fiscal year. general’s resources may be insuffi- Dubas said that estimate likely cient to pursue all or part of the case.” Members of the Legislature passed was excessive because it is based on a After the agreement was reached, a bill Feb. 27 that permits the place- national prevalence survey calculat- federal funding was restored. ment of traps in ing for 10,200 children at the highest But Council said she is concerned county road rights level of care. She said the state would that memorandum did not go far of way. end up paying the cost in the long run enough in resolving the issue, espe- LB5, intro- as untreated children became adults cially because it does not bind future duced by Imperial with even more expensive mental attorneys general. Sen. Mark Chris- health issues. Anne Hobbs, executive director of tensen, repeals The committee took no immediate NEOC, supported the bill, saying the the 2007 ban on action on the bill. commission lost $127,000 during the trapping in coun- Sen. Mark Christensen federal funding cutoff period. ty road ditches. Counties may opt out

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ISSUES UPFRONT of the provisions of LB5 or prohibit Sen. Chris Langemeier, would grant trapping only in certain areas. the department authority to issue Revenue No traps larger than those allowed permits for the discharge of dredged by the Game and Parks Commission or fill material Chewing tobacco taxation bill as of Feb. 1, 2009, may be placed in as addressed in advances to final reading rights of way. Section 44 of the LB5 was approved by the Legisla- federal Clean A bill affecting the taxation of ture 30-18. Water Act. chewing tobacco was advanced to Langemeier final reading by the Legislature Feb. 27. Public power representation bill said those with As amended, LB89, introduced by passes infrastructure Bellevue Sen. Abbie Cornett, would projects such as Sen. Chris Langemeier A bill passed Feb. 27 changes the dams, dikes and place an excise tax of composition of public power district bridges are having difficulty complet- 40 cents per ounce boards. ing their projects because they are not on snuff. LB53, introduced by Valentine being issued 404 permits, which are Under the bill, Sen. Deb Fischer, eliminates sepa- administered by the Nebraska office of “snuff” is defined rate rules for pub- the U.S. Army Corps of Engineers. as any finely cut, lic power districts Although the bill carries a fiscal ground or pow- dered tobacco that operating in fewer note of approximately $1 million, Sen. Abbie Cornett than 50 counties. Langemeier said reducing costs due is not intended to be Areas with public to project delays in the Army Corps smoked. utilities that pur- permit process may negate immedi- Chewing tobacco is currently taxed chase less than ate fiscal impacts. at 20 percent of its wholesale price. half their energy John Miyoshi, representing the During select file debate, Cornett from public power Sen. Deb Fischer Nebraska Association of Resources offered an amendment that would districts no longer Districts, testified in support of increase the excise tax on snuff from have representation under the bill. LB504. He said the approval process 40 cents per ounce to 44 cents per Lincoln and select cities in Lan- for permits is “stagnating” and could ounce. The amendment, she said, caster County, that receive electric- result in the loss of money for projects would ensure that the bill remains ity from Lincoln Electrical System, funded by outside sources. revenue neutral. are among those affected by the bill. Mary Harding, executive director Omaha Sen. Mike Friend opposed Lancaster County currently has two of the Nebraska League of Conser- Cornett’s amendment. He said leav- seats on the Nebraska Public Power vation Voters, testified in a neutral ing the bill unchanged would help District board. LES customers will capacity. She said some grant-funded fight government spending by de- lose its representation because the conservation projects have been creasing revenues available for the utility fails to procure at least 50 per- delayed for a year while waiting for appropriations process. cent of its energy from the district. 404 permits. Project extensions often “You fight government spending LB53 passed on a 41-5 vote. must be secured as entities wait for on the revenue side,” Friend said. permits, she said. “It’s very difficult to fight government spending on the back end, you do it State proposal for issuing per- No one testified in opposition and on the front end.” mits considered the committee took no immediate action on the bill. Cornett’s amendment was ad- Nebraskans could apply for certain opted by a 26-4 vote. infrastructure permits with the state Platte Center Sen. Arnie Stuth- Department of Environmental Qual- man offered an amendment that ity under a bill heard by the Natural would require the state Department Resources Committee Feb. 27. of Revenue to provide annual reports LB504, introduced by Schuyler to the Revenue Committee detailing

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ISSUES UPFRONT the fiscal impact of LB89. request for a rehearing is made within road construction bonds through a Stuthman said the attorney gen- 30 days, and any party to an appeal local sales tax under a bill heard by eral would be provided with a copy could elect to have their appeal heard the Revenue Committee Feb. 25. of the report to prevent unfair trade by a panel of the commission. LB536, introduced by Platte Cen- practices and monopolization of the The single commissioner hear- ter Sen. Arnie Stuthman, would snuff business. ings would be informal, and usual allow cities and counties to cre- “I would like to have some data on common law or statutory rules of ate transportation this that would show us in the legisla- evidence would not apply. development dis- tive body that we have done the right Bill Warnes, chairman of the Tax tricts, which would thing,” Stuthman said. Equalization and Review Commis- have a sales tax of Cornett opposed the amendment, sion, testified in support of single an additional 1/8, saying it would be an undue reporting commissioner hearings. He said 1/4 or 1/2 percent, requirement for the department. LB212 would allow taxpayers to pro- to finance bonds “All the information that you are test their valuations without having issued for the im- requesting here is already available,” to make their case in a formal setting. provement or con- Sen. Arnie Stuthman Cornett said. Furthermore, he said, single com- struction of roads, Stuthman’s amendment failed on missioner hearings could handle all bridges and related transportation a 4-20 vote, and LB89 was advanced residential appeals in 10 weeks. structures. to final reading on a voice vote. “You don’t need three commis- Stuthman said the bill would sioners to listen to a residential create a tax on retail sales to pay for Improvements for property valua- property case,” Warnes said. road improvements in the area. In tion appeals sought Bill Peters of Lincoln testified in addition to capturing existing sales opposition to the increased filing fees tax in the community, he said, the Three bills heard by the Revenue and intervention provisions of LB213. bill would finance improvements that Committee Feb. 26 would alter how The current economic climate should would help bring in new businesses property valuation appeals are ex- give pause when increasing filing fees to to communities. ecuted. $50, he said. In addition, he said, the bill K.C. Belitz, president of the Co- LB212, LB213 and LB580, all could allow school districts and other lumbus Area Chamber of Commerce, introduced by Bellevue Sen. Abbie entities with an interest in property tax testified in support of the bill. He Cornett, among other provisions, valuations to intervene in protests. said transportation districts would would: “A tax case is between a tax official give cities a tool for retail develop- • allow the Tax Equalization and and taxpayer,” Peters said. ment and provide funds for neces- Review Commission to hear Jim Cunnigham, executive direc- sary transportation infrastructure certain appeals with a single tor of the Nebraska Catholic Bishops projects. commissioner (LB212); Conference, shared Peters’ concern Although chamber of commerce • increase from $25 to $50 the regarding possible interventions. organizations are generally opposed filing fee for each appeal or He said LB213 would make protests to additional taxes, Belitz said, LB536 petition filed with the commis- cumbersome due to the ease with is limited in scale and scope to affect sion (LB213); which persons could claim to be a only those areas that need transpor- • allow interested persons to be- party of interest. tation development. He said compa- come parties to matters before “I think that portends an appellate nies check community amenities, and the commission (LB213); and free-for-all,” Cunningham said. transportation districts would en- • change the standard of review The committee took no immediate courage these enterprises to choose on appeals before the commis- action on the bills. Nebraska communities. sion (LB580). “In a nation where the vast major- The single commissioner hearing Transportation districts pro- ity of the population will live on the process would be available only on posed for road construction coasts in the fairly near future, we in residential properties valued at less rural Nebraska want to have every than $1 million. Decisions given at Cities and counties would have the tool available to develop retail in these hearings would be final unless a option of creating a district that funds communities,” Belitz said. 101st LEGISLATURE • Unicameral Update • Page 13 Feb. 23 - Feb. 27, 2009

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Jack Cheloha, representing the mah Sen. Kent Rogert, low-speed ve- “Other states are allowing these city of Omaha, testified in support of hicles, all-terrain vehicles (ATVs) and vehicles, and I feel that it is time for the bill. He said transportation dis- minitrucks would Nebraska to comply,” Louden said. tricts provide a precise and innovative be permitted out- “These trucks are a good option for way for funding improvements. side corporate agricultural use.” “These things are more narrowly limits of cities for LB650, introduced by Imperial Sen. focused to pinpoint an area and de- agricultural pur- Mark Christensen, would permit the velop it,” Cheloha said. poses, or within use of minitrucks on all Nebraska roads Cheloha suggested the bill might corporate limits if except interstate highways, controlled- be expanded to fund improvements authorized by lo- access highways and expressways. such as streetcars. Omaha is consid- cal ordinance. The Sen. Kent Rogert Christensen’s bill would define ering streetcar development, he said, vehicles would be minitrucks in the same manner as and transportation districts could allowed on public roads from sunrise LB114, though it also would require provide a funding mechanism for to sunset. minitruck owners to title, register, that project. The bill would expand the defi- insure and license their vehicles. Lynn Rex, representing the League nition of ATVs to include vehicles In addition, it would mandate that of Nebraska Municipalities, also tes- designed for no more than three pas- minitrucks operate with headlights tified in support of the bill. She said sengers and define a low-speed vehicle and taillights activated. every state neighboring Nebraska has as one that cannot exceed 25 mph. Christensen said his bill would treat a concept similar to transportation Rogert said he introduced his bill minitrucks like any other vehicle. districts. to help farmers, who often use ATVs “It would be identical to your car Municipalities are critical to eco- and other low-speed vehicles in their now,” Christensen said. “[LB650] nomic growth, Rex said, and many operations. would just bring [minitrucks] up to are restricted in what they can offer LB114, introduced by Ellsworth car status.” for improvements because half of Ne- Sen. LeRoy Louden, is similar to Aside from Christensen’s bill, no braska municipalities are up against Rogert’s proposal, but it would ap- bill heard by the committee garnered their levy lids. ply only to the use of minitrucks on testimony from either proponents or “There is development in this state rural roads if authorized by a local opponents, although there was neu- that is not occurring because cities ordinance. tral testimony. don’t have the funds,” Rex said. Minitrucks would not, however, be Fred Franklin of Oakland testi- No one spoke in opposition, and permitted to operate on controlled- fied in support of LB650. He said the committee took no immediate access highways with more than two minitrucks have adequate safety action on the bill. marked traffic lanes. measures, as newer models have side- Minitrucks, as defined in Louden’s airbags. The length of the car, which bill, are vehicles with: is two feet shorter than a Toyota Car- • widths no more than 67 inches; olla, and the height of the cab, which Transportation and • weights less than 3,400 lbs; is more than 6-feet tall, suggest the • top speeds of approximately vehicles will not be drastically smaller Telecommunications 55 mph; than current cars, he said. • four or more tires; “These vehicles are very visible, be- Street legality of low-speed ve- • a bed or back compartment for cause they are not something that sits hicles considered hauling purposes; really low to the ground,” Franklin said. • an enclosed passenger cab; and Further, he said, the emissions Owners of select low-speed ve- • engines less than 1,000 cubic standards that minitrucks have to hicles would be permitted to drive centimeters. meet in Japan are more stringent their vehicles on Nebraska roads Drivers would not be required to than U.S. standards. under three bills heard by the Trans- register or title the vehicles. Keith Wasem, CEO of Easy Lawn, portation and Telecommunications Louden said minitrucks are advanta- Inc., in Aurora, also testified in sup- Committee Feb. 24. geous to farmers, because the vehicles port of LB650. He said his company Under LB109, introduced by Teka- can travel up to 40 miles per gallon. uses minitrucks with spray units.

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The fuel efficiency advantages of the plates, such as POW or Pearl a 36-0 vote. minitrucks, however, are negated Harbor survivors, to the Ne- Omaha Sen. Jeremy Nordquist when they must be transported to braska veteran cemetery sys- offered an amendment that would work sites on other vehicles, he said. tem fund. have directed 57 percent of funds No one testified in opposition, and Fischer said the department would generated by specialty plates issued the committee took no immediate ac- work with organizations to design to public or private colleges and uni- tion on any of the bills. plain, generic plates that would have versities to the Nebraska scholarship room allocated for the organization’s fund. The other 43 percent would be Specialty license plate program symbol or seal. directed to the DMV cash fund. advances A Transportation and Telecommu- Fischer opposed the amendment, nications Committee amendment was saying other organizations also would A bill offering a program for spe- offered that decreased the fee pro- want to direct funds derived from cialty license plates advanced to select posed for specialty license plates from their specialty plates if the Nordquist file Feb. 26. $100 to $70 and raised the number amendment passed. LB110, introduced by Valentine Sen. of prepaid applications required to “I don’t believe that license plates Deb Fischer, would provide for spe- 500. The amendment also proposed should be a bake sale for funding an cialty license plates to limit personalized message plate organization,” Fischer said. administered by the fees to $40, as opposed to $60. York Sen. Greg Adams also spoke state Department of The amendment also struck several in opposition to the Nordquist amend- Motor Vehicles. As elements of the original bill, including: ment. He said license plates fees are introduced, the bill • a requirement that qualified or- user fees that fund roads, and these would: ganizations for specialty plates proceeds should not be used to fund • permit the not promote a specific religion, other activities. printing of faith or anti-religious belief; “I’d love to see funds rain from all s p e c i a l t y Sen. Deb Fischer • an increase in fees for Nebraksa over to education, scholarships and plates for qualified nonprofits Cornhusker Spirit plates; and K-12,” Adams said. “What I don’t if 150 prepaid applications • termination of the spirit plate want to see is education robbing for the plates have been col- proceeds fund, which instead roads, any more than I want to see lected; would receive 57 percent of fees roads robbing education.” • offer specialty plates to quali- generated by Nebraska Corn- Nordquist’s amendment failed on fied organizations for $100 per husker Spirit plates until the fund a 10-23 vote, and LB110 advanced to plate, of which $15 would go to is credited $5 million, after which select file 30-4. the DMV cash fund and $85 to proceeds would be directed to the the highway trust fund; highway trust fund. Debate begins on driver’s license • increase personalized message Fischer said the amendment would scanning bill plate fees from $30 to $60 and put specialty plate costs in line with of Nebraska Cornhusker Spirit spirit plates. Furthermore, the increase A bill permitting the scanning and plates from $70 to $100, with in the number of applicants required storing of information collected from additional proceeds directed to for plate production would ensure that driver’s licenses was debated by the the highway trust fund; only legitimate organizations are af- Legislature Feb. 26. • eliminate the spirit plate pro- forded specialty plates, she said. LB261, introduced by Tekamah Sen. ceeds fund, which establishes Fischer said the $40 fee for per- Kent Rogert, would permit retailers endowments to provide schol- sonalized message plates would be selling alcohol, tobacco or lottery tick- arships for former university fair because the plates are optional. ets to collect and store driver’s license athletes and financial support “Those who choose to use regular numbers and state identification num- for academic service units of Nebraska license plates, as I do, [pay] bers by scanning barcodes on the back athletic departments; and $6.50. It is a choice when people want of their customers’ identification cards. • direct an existing $5 fee as- the specialty plates,” Fischer said. The bill also would permit the storage sociated with military license The amendment was adopted on of license and ID card holders’ ages.

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The information would be used bill would help retailers identify mi- gas tax set by the state Department by law enforcement for the pur- nors trying to buy alcohol and locate of Roads, which presently stands at pose of enforcing those procuring for minors, he said. 13.9 cents. restrictions on age- Under LB261, Rogert said, re- “We are a rare state in regard to sensitive products. tailers would be able to implement variable taxation of motor fuels,” The bill would not software that would immediately stop Friend said. permit retailers to a transaction if an ID is detected to Under the bill, revenues collected sell the information be fraudulent or the holder is not of from the 26-cent tax would be distrib- gleaned from the the appropriate age to purchase the uted as follows: documents. Sen. Kent Rogert product in question. 73 percent to the The program- Omaha Sen. Tom White spoke in department; 13.5 mer for computer software designed opposition to LB261. He said the bill percent to coun- to store such information would would not prevent underage drinking ties; and 13.5 per- have to certify to the retailer that the because those procuring for minors cent to cities. software is capable of storing only the could circumvent detection by keep- N e b r a s k a allowed information. Intentional or ing the receipt. Department of grossly negligent programming which White also questioned whether Roads director Sen. Mike Friend allows for the storage of more than the bill would impede citizens’ right John Craig testi- the age and identification number to privacy. fied in support of the bill. He said would be a Class IV felony. “The first right to a citizen in a free the bill would establish a flat tax rate An amendment offered by the society is privacy and the right to be based on 2008 gas tax levels. Transportation and Telecommunica- left alone,” he said. “Those types of in- “With the current system and tion Committee would extend Class fringements on personal liberty always under LB320, two things can occur: IV felony charges to anyone who start with the best of intentions.” more funds can be generated or less,” trades or sells machine-readable Malcolm Sen. Ken Haar voiced Craig said. “It could go either way. information from the licenses or IDs concerns regarding the safety of the The question is how to project into and strike a section of the bill that information stored under LB261. the future.” would permit a retailer to store ad- “There is absolutely no way to Lloyd Todd, representing the Ne- ditional information with the written keep computer information abso- braska Chamber of Commerce, testi- authorization of the license or identi- lutely secure,” Haar said, adding that fied in opposition to the bill. He said fication card holder. even information shared between he feared that removing the variable Finally, the committee amendment checkout counters in a store can be gas tax could led to the necessity of would dictate that once information is intercepted. general fund appropriations, requir- scanned and stored, it may be used un- Lawmakers adjourned before tak- ing roads to compete with education der limited circumstances, including: ing a vote on the committee amend- and Medicaid for funding. • stopping transactions with ment or the bill. LB261 remains on “There are a lot of competing inter- underage buyers; general file. ests for general fund dollars, and we are • protecting against fraud or concerned about that,” Todd said. unauthorized claims; Bill seeks to fix the gas tax rate Jay Rempe of the Nebraska Farm • resolving a dispute or inquiry Bureau also testified against the bill. by the license holder; and Drivers would pay a fixed fuel tax He said the ethanol industry has cre- • providing information to a con- under a bill heard by the Transporta- ated a greater reliance on roads by sumer reporting agency subject tion and Telecommunications Com- agricultural producers, making rural to the federal Fair Credit Re- mittee Feb. 23. roads more important than ever. porting Act. LB320, introduced by Omaha Sen. “Our fear is … roads in rural areas Rogert said every state except Mike Friend, would fix the motor fuel might go unfunded,” Rempe said. Nebraska has passed a law permitting tax at 26 cents per gallon, whereas the The committee took no immediate the scanning and storing of license current motor fuel tax provides for action on the bill. information for various purposes. His a 12.5-cent fixed tax and a variable

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Road bonding proposal heard by the purpose of paying bonds would tenths of one percent the amount of committee be better than waiting until enough funds a city, village or county could funds are collected to pay for projects collect from local tax dollars for voter- Some high-priority Nebraska road upfront, he said. approved economic development projects would be funded by bonding “[LB401 is] not supposed to be purposes. Currently, the maximum under a bill heard by the Transporta- a panacea, but it is rather a way to is four-tenths of one percent. tion and Telecommunications Com- get started with some high-priority The bill also would expand the list mittee Feb. 23. projects,” Brown said. of eligible economic development LB401, introduced by Omaha Sen. John Sandoz of Plattsmouth also programs to include community Mike Friend, would allow local gov- testified in support of the bill. He said marketing, private tourism develop- ernments to bond up to 75 percent demographic issues and the new fed- ment and workforce attraction and of road projects, provided they can eral stimulus package are indicators retention. secure funding for at least 25 percent of imminent inflation. Projects paid Cities and villages would not be al- of the costs. for by bonds issued with 5 percent lowed to spend more than 30 percent Eligible roads projects would cost interest will cost much more when of revenue raised over a 12-month at least $30 million and would have inflationary pressures raise costs or period on housing projects. to be approved by the Surface Trans- interest rates, he said. Friend said the bill does not portation High Priority Council, newly “I think it is financially responsible,” change the requirement that political created by LB401. The council would Sandoz said. “The important point is subdivision voters must approve all comprise the chairperson of the state we are doing it now at 5 percent instead economic development programs. Highway Commission and six mem- of 15 percent in 10 years.” Caleb Pollard, executive director bers appointed by the governor. Lynn Rex, representing the League of the Valley County Economic De- Total bonding projects could not of Nebraska Municipalities, testified in velopment Board and the Ord Area exceed $250 million. a neutral capacity. Although supportive Chamber of Commerce, testified in The bill also would create a mecha- of bonding, she said, her organization is support of the bill. nism for issuing low-interest loans concerned about the use of the highway Pollard said the local option mu- to local governments to complete trust fund for the bonding authority set nicipal economic development pro- surface transportation projects. forth in LB401. gram has empowered small, rural Friend said LB401 would make the Rex also said very few cities would communities to help themselves best use of the state’s revenue. The 5 be able to participate in the bonding, through micro-enterprise and small percent interest accrued by bonds would due to the $30 million minimum business initiatives. lag behind inflation, he said, resulting in threshold for projects. She said the re- He said Ord has experienced 12 both a cost savings to the state and the quirement needs to be lowered to avoid percent growth in non-farm jobs in initiation of projects that currently do excluding most Nebraska cities. the last few years, in spite of a difficult not have enough funding. The committee took no immediate economy, and has an 80 percent occu- “I think this could provide some action on the bill. pancy rate in its downtown district. major progress for us,” Friend said. “We still battle population de- David Brown, president and CEO cline,” Pollard said. “But this program of Greater Omaha Chamber of Com- works.” merce, testified in support of the bill. Urban Affairs Lynn Rex of the Nebraska League He said the bill would result in no of Municipalities also testified in sup- new taxes, construction of projects Economic development changes port of the bill. that never seem to have enough proposed Forty-six municipalities across the money, collaboration with highway state have plans under the develop- bureaucracy and savings in regard A bill that would amend the Local ment act that have created hundreds to inflation. Option Municipal Economic Devel- of jobs, she said. Brown said it would be far cheaper opment Act was heard Feb. 24 by the There was no opposition testi- to build with bonds rather than using Urban Affairs Committee. mony and the committee took no the current pay-as-you-go policy. LB525, introduced by Omaha Sen. immediate action on the bill. Dedicating a small revenue stream for Mike Friend, would increase to five-

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Community improvement grant or other in-kind contributions in the projects foster is as important as the program sought following amounts: projects themselves. • 25 percent for a grant up to “It’s one of the best investments The Urban Affairs Committee $5,000; the state can make,” Brooks said. heard testimony Feb. 24 on a bill that • 26 percent to 49 percent for Omaha neighborhood activist would establish a grant program for grants ranging from $5,001 to Chrystal Rhoades agreed. community improvement projects. $7,500; or She said organizations are in- Under LB633, introduced by Sen. • 50 percent for grants ranging volved in economic development, Health Mello of from $7,501 to $10,000. health and safety, childcare, crime Omaha, the grant No grant could exceed $10,000. deterrence and other important program would be The program would be funded by neighborhood issues. administered by a one-time, $500,000 general fund “Most people think of flower the University of transfer. Mello said he understands baskets and community gardens,” Nebraska Omaha’s the hesitancy to fund a new initiative, Rhoades said. “But that’s a small part College of Public but said senators should consider of what we do.” Affairs. Grants seed funds for the project and then Jack Cheloha testified in support would be awarded Sen. Heath Mello look at long-term needs. of the bill on behalf of the city of for projects that “My hope is that we’d find a Omaha, suggesting that lawmakers benefit a neighborhood or small sustainable mechanism to fund the think of the measure “as a mini- community. program in future years,” Mello said. stimulus bill.” Eligible grant recipients would “Neighborhood organizations and Neighborhood groups could help demonstrate that a project could be small communities play a vital role various sectors of the economy by completed in one year, would not in making Nebraska a better place to purchasing goods and services with duplicate an existing program and live, work and raise a family.” grant dollars, he said. would involve residents in the plan- Duane Brooks, president of the The committee took no immediate ning, development and execution. South Omaha Neighborhood Alliance action on the bill. Grant recipients also would be testified in support of the bill, say- required to provide matching funds ing the collaboration neighborhood Priority Bill Designations

Priority bills are generally scheduld for debate before other bills. Each senator may select one priority bill, and each committee may select two priority bills, by March 12. The Speaker may select up to 25 priority bills per session. Bill Senator/ One-line Description Committee

LB63 Ashford Change provisions relating to assault, firearms, graffiti, gang affiliation, juveniles, and jailhouse informers LB260 Rogert Adopt the Nebraska Claims for Wrongful Conviction and Imprisonment Act LB307 Council Change sentencing requirements with respect to certain minors LB334 Giese Designate the state expressway system and change provisions relating to highway planning LB403 Judiciary Require verification of lawful presence in the United States for certain public Committee benefits, public employment, contracting with public bodies, and tax incentive programs LB483 Langemeier Change provisions relating to water well permits LB646 Schilz Adopt the Livestock Growth Act

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ISSUES UPFRONT Sen. Coash revs up for the Unicameral his senator’s early love of cars just tough — that’s the way it is,’ metal music. was the key to his first involve- he got on the phone with our state His passion for all things fast will T ment with the Legislature. senator,” Coash said. His father gave come in handy as he juggles his role Thirteen-year-old Bassett native and him the phone and instructed him to as a Nebraska state senator with his future state Sen. Colby Coash took a explain his situation. work for a disability services agency. job at a local restaurant. Subsequently, the bill threatening While he said the work pulls him in “The whole goal was to wash dish- Coash’s dream of purchasing a car many directions, both jobs share a es to earn money for a car,” Coash failed to pass. commonality. said. “I was probably earning $3.50 Twenty years later, Coash is still “My life is not necessarily my own an hour. It was a terrible job.” involved in legislative issues and still anymore. I share my time with my His dream ran off-course, how- appreciates his cars, which he drives constituents and the state,” Coash ever, when his employer proposed to cars shows with his wife, Rhonda. said. “My work was already in advo- cutting his hours in anticipation of a He said his prized vehicle is the first cacy for people with disabilities, so in law before the Legislature that would classic car he purchased: a banana- a lot of ways, my public service is just limit the number of hours teens were yellow 1974 Corvette Stingray. an extension of my work.” allowed to work. Not all of Coash’s interests are fu- The senator’s life is about to shift Coash returned home and shared eled with gasoline, however. The son into high gear, however, as he and his his woes with his father, who then of an agronomist, he enjoys planting wife are expecting their first child. facilitated what would be the future and gardening — especially mint, “I found out that I was going to be a senator’s first interaction with state which he uses in mint juleps served at senator and a dad in the same couple government. his annual Kentucky Derby party. of weeks. So it’s been a big year for my “Rather than saying, ‘Well that’s The gardener also enjoys heavy wife and me,” Coash said.

Sen. Coash and his wife Rhonda pause for a photo with his 1974 Corvette Stingray.

101st LEGISLATURE • Unicameral Update • Page 19 Feb. 23 - Feb. 27, 2009 COMMITTEEUNICAMERAL HEARINGS INFORMATION

Legislative publications now available Call (402) 471-2788 or email [email protected] A Look at Your Unicameral A 16-page color booklet about the Unicameral and lawmaking process, including a glossary of terms and information about The Hearing Process Hearing Rooms the senators First Floor Second Floor A B D Testifying Tips Testifying Brochure outlining the proce- committee may consider several bills during C Aan afternoon. The committee chairperson will F E announce the order in which bills will be heard, the G dures of a committee hearing rules for testifying and whether there will be a time limit on your testimony. The length of time spent on each bill varies, depending largely on the number of Hearing Committee Meeting Tips people testifying, the length of their testimony and Room Days Citizen’s Guide the number of questions asked by committee mem- Room 1003 (A) Appropriations W, Th, F bers. Be prepared to summarize your testimony in Room 1524 (B) Appropriations M, Tu five minutes or less, if need be. A color brochure summarizing Revenue W, Th, F Unicam Kids Hearings usually begin at 1:30 p.m. Each bill is Room 1525 (C) Education M, Tu Unicameralism, the process and presented by the senator who sponsors it. After the Natural Resources W, Th, F A Student Guide to the Nebraska sponsoring senator finishes his or her introduction, Nebraska Retirement (Meets at the committee chair will typically ask proponents of Systems noon as Legislature how to get involved the bill to come forward individually and state their scheduled) reasons for supporting the measure. Then the chair Room 1510 (D) General Affairs M will ask opponents of the bill to come forward and Urban Affairs T u state their opinions. Often, committee chairpersons will then allow individuals to testify in a neutral Health and Human W, Th, F Unicam Kids Services capacity. Room 1507 (E) Banking, Commerce, M, Tu For grades 4-6 with information, Before testifying at a committee hearing, you must fill and Insurance out the testifier sign-in sheet provided in the hearing Government, Military W, Th, F room. As you begin your testimony, identify yourself, and Veterans’ Affairs puzzles and quizzes spell your first and last name for the record, and state Room 1113 (F) Transportation and M, Tu whom, if anyone, you represent. Be sure to speak Telecommunications directly into the microphone. It is important to re- member that committee proceedings are transcribed Judiciary W, Th, F 2009 Unicameral Membership verbatim. Room 2102 (G) Business & Labor M Agriculture T u Letters or written communications expressing sup- A reference card listing contact port, opposition or neutral testimony are also ac- For more information, contact: Public Hearing Testimony for cepted by committees during a bill’s public hearing. Unicameral Information Office State Capitol Published January 2009 the Nebraska Legislature information for senators and If you wish to send written information, address cor- P.O. Box 94604 Unicameral Information Office respondence to the office of the senator who chairs Lincoln, NE 68509 Clerk of the Legislature Can be used in conjunction with the Unicam Kids web site www.nebraskalegislature.gov the committee and allow enough time for it to arrive www.nebraskalegislature.gov/UnicamKids committees before the hearing. [email protected]

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Monday, March 2 LB415 (Christensen) Prohibit tobacco college compliance with association sales from self-service displays membership provisions Appropriations LB673 (Price) State intent for appro- Room 1524 - 1:30 p.m. Transportation & Telecommunications priations to the community colleges Agency 48 Coordinating Commission Room 1113 - 1:30 p.m. LB400 (Lautenbaugh) Change fiscal for Postsecondary Education LB60 (Adams) Redefine abandoned year provisions for calculation of com- Agency 50 Neb. State College System vehicle munity college base revenue need Agency 83 Community College Aid LB111 (Fischer) Change provisions LB607 (Gay) Adopt the Higher Educa- relating to fines for speeding in a con- tion Academic Scholarship Program Act Banking, Commerce and Insurance struction zone LB413 (Ashford) Adopt the College Room 1507 - 1:30 p.m. LB278 (Mello) Permit municipalities to Choice Grant Program Act LB606 (Karpisek) Redefine terms and allow pedestrians to solicit in roadways change a grant qualification provision in LB560 (Lathrop) Change provisions Transportation & Telecommunications the Microenterprise Development Act relating to towing motor vehicles Room 1113 - 1:30 p.m. LB657 (Harms) Change the Microen- LB200 (Janssen) Change motorcycle terprise Development Act and moped helmet requirements LB637 (Mello) Require disclosure of in- LB368 (Mello) Change point system Tuesday, March 3 violation regarding reckless driving formation by certain group health carriers and willful reckless driving Agriculture Business and Labor Room 1510 - 1:30 p.m. Urban Affairs Room 2102 - 1:30 p.m. LB593 (Dierks) Restrict entity owner- Room 2102 - 1:30 p.m. LB563 (Lathrop) Adopt the Contractor ship of agricultural land and farm and LB562 (Lathrop) Provide for the con- Employee Classification Act ranch operations tinued service of metropolitan utilities LB537 (Giese) Change provisions relat- LB224 (Carlson) Change Nebraska district board members after annexation ing to the hours of duty of firefighters State Fair and Nebraska State Fair LB658 (Friend) Provide infrastruc- LB552 (White) Adopt the Nebraska Board provisions ture system replacement mechanism Construction Prompt Pay Act LB516 (Hansen) Require compensation provisions under the State Natural Gas for certain structures located on the Ne- Regulation Act Education braska State Fairgrounds in Lancaster

Room 1525 - 1:30 p.m. County LB440 (Council) Change diversity criteria under the Student Diversity Appropriations Wednesday, March 4 Scholarship Program Act Room 1524 - 1:30 p.m. LB21 (Harms) Rename and change pro- LB37 (Flood) Appropriate funds for Appropriations visions of the Nebraska Scholarship Act a new division of the University of Room 1003 - 1:30 p.m. LB399 (Lautenbaugh) Change residen- Nebraska Medical Center College of Agency 21 State Fire Marshal cy provisions relating to the Nebraska Nursing in Norfolk Agency 35 Neb. Liquor Control Com- Scholarship Act LB492 (Haar) Provide for funding mission LB397 (Nordquist) Adopt the State certain positions at the University of Agency 64 Neb. State Patrol Scholarship Award Program Act and the Nebraska-Lincoln Agency 78 Neb. Commission on Law Scholarship Assistance Program Act and LB454 (Lathrop) Change Nebraska Enforcement and Criminal Justice repeal the Nebraska Scholarship Act Health Care Cash Fund provisions Agency 46 Dept. of Correctional Agency 47 Neb. Educational Telecom- Services General Affairs munications Commission Room 1510 - 1:30 p.m. Agency 51 University of Neb. System Government, Military and Veterans LB286 (General Affairs) Change distri- Affairs bution of lottery funds Education Room 1507 - 1:30 p.m. LB287 (General Affairs) Change pro- Room 1525 - 1:30 p.m. LB574 (Rogert) Change reporting revisions relating to the definite profit of LB655 (Harms) Require community quirements under the Nebraska Politi- pickle cards 101st LEGISLATURE • Unicameral Update • Page 21 Feb. 23 - Feb. 27, 2009 COMMITTEE HEARINGS cal Accountability and Disclosure Act Nebraska Retirement Systems selves as such in their official name LB626 (Karpisek) Change prohibited Room 1525 - 12:10 p.m. LB509 (Pirsch) Redefine election period activities for public officials and public LB187 (Nebraska Retirement Systems) for the Campaign Finance Limitation Act employees use of public resources Change employee deposits under the LB635 (Mello) Change reporting School Employees Retirement Act Health and Human Services requirements for political party com- LB449 (Campbell) Change disability Room 1510 - 1:00 p.m. mittees under the Nebraska Political retirement allowance provisions of the LB406 (Fulton) Permit certified nurse Accountability and Disclosure Act School Employees Retirement Act midwives to have clinical privileges in LB638 (Lautenbaugh) Repeal the LB140 (Avery) Provide duties relating hospitals Campaign Finance Limitation Act and to investment of state funds in Sudan- LB457 (Friend) Change provisions change reporting requirements under related companies relating to certified nurse midwives the Nebraska Political Accountability LB481 (Haar) Eliminate restrictions on and Disclosure Act Revenue midwives attending home deliveries Room 1524 - 1:30 p.m. Health and Human Services LB57 (Louden) Exempt repairs and Judiciary Room 1510 - 1:00 p.m. parts for agricultural machinery or Room 1113 - 1:30 p.m. LB214 (Cornett) Redefine nail technolo- equipment from sales and use taxes LB594 (Dierks) Adopt the Women’s gy under the Uniform Credentialing Act LB65 (Dubas) Exempt agricultural Health Protection Act governing abor- LB417 (Friend) Change provisions of machinery repair parts from sales tax tion and provide a civil remedy for the Optometry Practice Act LB233 (Adams) Exempt mineral oil to failure to comply with the act LB444 (Christensen) Adopt the Escort be applied to grain as a dust suppres- LB675 (Fulton) Provide for additional Services Accountability and Licensing Act sant from sales and use taxes voluntary and informed consents from LB621 (Wightman) Provide an exemp- LB9 (Wightman) Exempt biofuels used a woman prior to abortion tion from licensure as a massage therapist for irrigation and farming purposes LB676 (Fulton) Provide for additional from sales tax voluntary and informed consents from Judiciary a woman prior to abortion Room 1113 - 1:30 p.m. Thursday, March 5 LR26 (Lautenbaugh) Strongly oppose LB153 (Lautenbaugh) Adopt the Tour- the federal Freedom of Choice Act and ism Liability Act Appropriations urge Congress to summarily reject it LB517 (Hansen) Change provisions Room 1003 - 1:30 p.m. Revenue relating to family reunification and Agency 81 Commission for the Blind termination of parental rights and Visually Impaired Room 1524 - 1:30 p.m. LB199 (Stuthman) Change provisions Agency 67 Equal Opportunity Com- LB58 (Louden) Exempt heating oil or relating to court support orders and col- mission propane used for residential heating lection of such support Agency 68 Mexican-American Com- purposes from sales and use taxes LB506 (Pirsch) Change penalties mission LB234 (Adams) Change a sales and use related to the duty to stop at a motor Agency 70 State Foster Care Review tax exemption relating to fuel and energy vehicle accident Board LB632 (Mello) Adopt the Nebraska LB238 (Lathrop) Adopt the Public Power Agency 76 Neb. Indian Commission Green Building Advantage Act and Infrastructure Protection Act and change Agency 82 Commission for the Deaf authorize a sales tax refund penalty provisions regarding trespass and Hard of Hearing LB539 (Coash) Authorize a refund of sales tax on certain residential building products Natural Resources Government, Military and Veterans LB455 (Nordquist) Provide renewable Room 1525 - 1:30 p.m. Affairs energy sales and use tax credit and LB388 (Langemeier) Change public Room 1507 - 1:30 p.m. exemption for eligible entities power district officials compensation LB363 (Avery) Prohibit certain expen- provisions ditures by campaign committees LB582 (Dierks) Create the Nebraska LB486 (Karpisek) Require certain Invasive Species Council governmental entities to identify them-

Page 22 • Unicameral Update • 101st LEgislature Feb. 23 - Feb. 27, 2009

CITIZEN VIEWS of the CAPITOL

photo by Sandi K. Barr, used with permission Named one of America’s favorite buildings by the American Institute of Architects, Nebraska’s State Capitol Building is a favorite subject among photographers. Its dramatic architecture provides many opportunites for closer study. The Unicameral Update invited members of the public to share their own Capitol photographs with our readers. This photo series will be available in color on the Legislature’s Web site, www.NebraskaLegislature.gov. UNICAMERAL UPDATE The Unicameral Update is a free, weekly You can also subscribe by e-mailing: newsletter offered during the legislative [email protected] Assistance provided by session covering actions taken in committees and on the floor of the Clerk of the Legislature Clerk of the Legislature’s Office Legislature. Patrick J. O’Donnell Legislative Bill Room Legislative committee clerks The Unicameral Update is produced Editor Legislative committee legal counsels by the Clerk of the Legislature’s Office Heidi Uhing Legislative journal clerks through the Unicameral Information Legislative Mail Room Office. Contributors Legislative pages Lauren Adams Legislative Technology Center To subscribe, contact the Unicameral Bess Ghormley Legislative Transcribers Information Office, P.O. Box 94604, Kate Heltzel Nebraska State Print Shop Lincoln, NE 68509, (402) 471-2788. Kyle Petersen

101st LEGISLATURE • Unicameral Update • Page 23 Unicameral Information Office PRESRT STD Nebraska State Legislature U.S. POSTAGE PAID P.O. Box 94604 LINCOLN, NE Lincoln, NE 68509 PERMIT NO. 212 03-23-05

Contact Information UNICAMERAL UNICAMERAL UPDATE: UPDATE Subscriptions: [email protected] or (402) 471-2788 http://unicameralupdate.blogspot.com CLERK OF THE LEGISLATURE Patrick J. O’Donnell STATUS OF BILLS OR RESOLUTIONS: State Capitol Room 2018 Legislative Hot Line - Lincoln: (402) 471-2709 Lincoln, NE 68509-4604 Legislative Hot Line - Nebraska, outside Lincoln: (800) 742-7456 www.nebraskalegislature.gov/bills Legislative Hot Line BILLS, RESOLUTIONS OR LEGISLATIVE JOURNALS: Voice/Telephone Text - (V/TTY) Lincoln...(402) 471-2709 Subscriptions: State Capitol Room 2018 or (402) 471-2271 Nebraska (outside Lincoln)...(800) 742-7456 Individual copies: 24-Hour Request Line at (402) 471-2877 www.nebraskalegislature.gov/bills 24-Hour Automated Request Line (402) 471-2877 UNICAMERAL WEB SITE: Web Site www.nebraskalegislature.gov www.nebraskalegislature.gov Technical assistance: [email protected] Unicameral Update Online UNICAM LIVE! VIDEO COVERAGE: http://unicameralupdate.blogspot.com

www.nebraskalegislature.gov Use the address below to contact your senator. Include your senator’s NEBRASKA BLUE BOOK: name and district number in the address. Nebraska Blue Book Office: (402) 471-2220 www.nebraskalegislature.gov/about/blue-book.php SENATOR DISTRICT # WARNER INSTITUTE FOR EDUCATION IN DEMOCRACY: STATE CAPITOL Unicameral Information Office: (402) 471-2788 P.O. BOX 94604 LINCOLN, NE 68509-4604 www.nebraskalegislature.gov/education/student_programs.php

Page 24 • Unicameral Update • 25TH ANNIVERSARY