UNICAMERAL UPDATE Stories published daily at Update.Legislature.ne.gov Vol. 39, Issue 8 / Feb. 22 - 25, 2016 Police pursuit liability bill stalls fter four hours of select file debate spanning two days, an Aattempt to force a vote on a bill that would have lessened the liability facing the state and political subdivi- sions in the event of a police pursuit failed Feb. 25. Currently, the state and subdivisions are held liable for the death, injury and property damage to an innocent third party caused by the action of a law en- forcement officer during a vehicular pur- suit. LB188, introduced by Syracuse Sen. Dan Watermeier, would exclude certain passengers from the liability protections. Excluded would be any passenger who: Sens. Patty Pansing Brooks and Ernie Chambers expressed concerns to Sen. Dan Watermeier (center) about the liability exclusions proposed in the bill. • enters into the vehicle without coer- cion knowing, or with a reasonable • fails to take reasonable steps to the driver to engage in flight belief, that the driver of the vehicle persuade the driver to stop the from law enforcement; or is under the influence of alcohol vehicle; • is sought to be apprehended by or drugs; • promotes, provokes or persuades law enforcement. (continued page 2) Bill would allow aid-in-dying medications erminally ill patients could ac- disability. able and unacceptable.” cess aid-in-dying medications Chambers said he understands To receive a prescription under Tunder a bill considered by the the emotional nature of the issues LB1056, a qualifying patient would: Judiciary Committee Feb. 24. addressed by the bill, but that they • have a diagnosis of terminal Under LB1056, introduced by should be discussed in a public forum. illness from an attending phy- Omaha Sen. Ernie Chambers, an “When it comes to the most sician; adult diagnosed with a terminal ill- significant and portentous decision • express a wish to receive the ness—with less than six months to in a dying person’s life, no third prescription voluntarily and live—and capable of making his or party—including the government—has without coercion; and her own medical decisions, could the right to interfere with, impede or • demonstrate the physical and request a prescription for aid-in-dying countermand the wishes of the per- mental ability to self-administer medication. The medication must be son,” he said. “For the government to the medication. self-administered by the patient. withhold from such a person the right A request for aid-in-dying medica- A person would not be eligible and means to carry out his or her final tion would be made orally and in for medication based solely on age or decision is totally unjustified, inexcus- writing to an attending physician. The (continued page 3)

INSIDE: Speaker priority bills • Constitutional right to farm and ranch proposed • Hearing schedule February 22 - 25, 2016 Police pursuit liability bill stalls (continued from front page) Watermeier introduced an amend- agency. The motion failed 31-9. Thirty- ment, adopted 31-0, which removed “[We] want to dissuade these chas- three votes were needed. the bill’s exclusion for passengers who es,” Schumacher said. “It is not a good A failed cloture motion prevents knowingly enter a vehicle with a rea- thing unless there is really serious further debate on the bill for the day. sonable belief that the driver is under conduct that is prompting the chase.” LB188 is unlikely to be scheduled for the influence of alcohol or drugs. Lincoln Sen. Patty Pansing Brooks further debate this session. g The amendment also clarified that supported the amendment, saying the in the event a passenger is excluded risks of high-speed chases far outweigh from liability protection because he or the benefits. Search for Bills she is sought to be apprehended by law “In 2014, USA Today reported that enforcement for felonious conduct, 385 people died across the country Learn more about bills considered that conduct must have occurred im- in high-speed chases. Of those killed, by the Unicameral by logging on mediately prior to or during the chase. 73 were bystanders and 77 were pas- to www.NebraskaLegislature.gov. Watermeier said the amendment sengers in the vehicle,” she said. “We The Legislature’s website offers is a compromise to address concerns need to be helping the police and a bill search on the upper-right raised on general file while still pro- providing them with safer alterna- portion of the home page. Entering tecting taxpayers. tives. High-speed chases should be a a bill number will retrieve the bill’s “Do we really want taxpayers paying last-ditch effort.” text, fiscal note, statement of for the injury of passengers who are Watermeier opposed the Schum- intent, transcripts and more. actively engaged in criminal activity?” acher amendment, saying it is more he said. restrictive than what is already in You also can search current laws Columbus Sen. Paul Schumacher statute. He said the provisions only using the keyword search found introduced an amendment that would would encourage micromanagement below the bill search. require the pursuing law enforcement of law enforcement officers. officer to prove that the passenger The amendment failed on a 16-21 provoked the driver to engage in a vote. A motion brought by Omaha high-speed pursuit or is subject to an Sen. Ernie Chambers to bracket the arrest warrant or felony that prompted bill was pending when Watermeier the chase. offered a motion to invoke cloture, or He said it would place the bur- cease debate and take an immediate den of proof firmly on the pursuing vote on the bill. 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.

Clerk of the Legislature: Patrick J. O’Donnell Editor: Heidi Uhing; Writers: Kyle Harpster, Kate Heltzel, Ami Johnson; Photographer: Bess Ghormley

Printed copies of bills, resolutions and the Legislative Journal are available at the State Capitol room 1104, or by calling 402-471-2709 or 800-742-7456. Status of bills and resolutions can be requested at that number or can be found on NebraskaLegislature.gov. Live video of hearings and floor debate can be viewed on NET2 and at NetNebraska.org/capitol.

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Assistance provided by the Clerk of the Legislature’s Office, the Legislative Technology Center, committee clerks, legal counsels, journal clerks, pages, transcribers, mail room and bill room staff and the State Print Shop. THE NEBRASKA LEGISLATURE’S OFFICIAL NEWS SOURCE SINCE 1977

PAGE 2 • UNICAMERAL UPDATE • 104TH LEGISLATURE February 22 - 25, 2016 Bill would allow aid-in-dying medications (continued from front page) written request must be signed and dated by the patient in die and move on.” the presence of two witnesses who can attest to his or her Opposing the measure, family physician Dr. Steve capacity to make medical decisions and that the decision Higgins said he worries aid-in-dying medication may be was made voluntarily and without coercion. proactively offered by medical professionals in the future. The bill requires that one of the witnesses not be related “I’ve attended to about 300 people at the end of their to the patient by blood, marriage or adoption, entitled to life. Of those, not one has ever asked me to end their life,” any portion of the patient’s estate upon death or the owner Higgins said. “I have a real concern that [LB1056] may or employee of a health care facility where the patient is mean [doctors] would be required in the future to give this receiving medical treatment. as an option as opposed to offering hospice care.” An attending physician would determine if the patient Wayne Cockfield, of Florence, South Carolina, also requesting aid-in-dying medication has a terminal illness, opposed the bill, which he said could be used to target has made the request voluntarily and is qualified to receive people with mental and physical disabilities. the medication. Upon reaching a qualifying determination, “There is a huge difference between refusing medical the attending physician would refer the patient to both a service and institutionalizing suicide,” he said. “This is not consulting physician for confirmation of diagnosis and compassion, it is medical abandonment.” a mental health professional for confirmation of mental The certificate of death would report the terminal ill- capacity capable of making medical decisions. ness as the cause of death, not suicide, for any patient who Charmaine Manansala, representing the end-of-life ad- dies as a result of aid-in-dying medication. vocacy group Compassion and Choices, testified in support Health care providers, who may choose whether to of the bill. She said five states have passed similar legislation provide aid-in-dying medication, would not be held crimi- and their residents no longer have to worry about future nally or civilly liable for practicing in good faith under the physical pain just knowing the option is available to them. bill. However, any person who knowingly forges, alters or “All Nebraskans should have the option, together with intentionally destroys a written request for medication their families and doctors, to make end-of-life decisions would be guilty of a Class III felony. right for them in the face of terminal illness,” she said. Similarly, any person who coerces or exerts undue “Medical aid in dying is not suicide. It involves individuals influence on a person to request medication also would who would love to live but can’t. They request assistance be guilty of a Class III felony. A Class III felony could not in the spirit of depression, but to help them pass result in one to 20 years’ imprisonment, a $25,000 fine peacefully.” or both. Tom Meyer of Lincoln also supported the bill. His The committee took no immediate action on the bill. g wife Dianna suffered from late-stage terminal breast cancer but was unable to re- ceive the relief she sought. “In the five weeks before her death, she became weaker and experienced a great deal of nausea. She asked for help from hospi- tal staff to end her ordeal but all they could promise her was that they’d keep her as comfortable as pos- sible,” Meyer said. “She was aware of her terminal diagnosis and was ready to Sen. Ernie Chambers said people are calling for more end-of-life options to cease suffering from terminal illnesses.

104TH LEGISLATURE • UNICAMERAL UPDATE • PAGE 3 February 22 - 25, 2016

Senators voted 32-0 to advance the erational capital investment, he said. bill to select file. Al Juhnke, executive director of the Nebraska Pork Producers Association, Constitutional amendment spoke in support of the resolution. He Grain storage rule clarification would guarantee right to farm said the amendment would protect advances and ranch Nebraska farmers who use accepted practices to raise their crops and Lawmakers advanced a bill Feb. 23 The Agriculture Committee heard livestock. The amendment would pre- that would clarify a provision regard- testimony Feb. 23 on a proposed clude laws that may be driven by emo- ing the distribution of assets if a grain amendment to the state constitution tion rather than science on issues such warehouse fails. guaranteeing the rights of Nebraska as animal welfare, the use of chemical LB730, intro- citizens to farm and ranch. spraying and the planting of geneti- duced by Sen. Jer- Sponsored by Sen. John Kuehn cally modified seeds, Juhnke said. ry Johnson of Wa- of Heartwell, LR- Larry Mussack, president of the Ne- hoo, would clarify 378CA offers a con- braska Corn Growers Association, also a rule under which stitutional amend- testified in support of the resolution. a person who has ment that would pro- He said the amendment would make recently sold grain Sen. Jerry Johnson hibit the Legislature it more difficult for national advocacy to a warehouse may regain their status from passing laws groups to influence policy that deter- as an owner eligible for distribution of that restrict the rights mines how Nebraska farmers and ranch- assets if the Public Service Commis- of Nebraskans to use Sen. John Kuehn ers care for their land and livestock. sion takes control of the warehouse. agricultural technology and ranching Kevin Fulton, a farmer and rancher Warehouses are required to post practices without a compelling state from Sherman County, spoke against bonds for the benefit of those who interest. If passed, the resolution would the resolution, saying that it would own or store grain there in the event place the amendment on the November provide special treatment for agricul- the warehouse fails. If that happens, 2016 general election ballot. ture and erode consumers’ trust. only qualified owners are eligible for Kuehn said North Dakota and Mis- Farmers and ranchers should be the distribution of assets. souri have amended their constitutions accountable for how their actions An exception in current law pro- to protect farming and ranching prac- affect others, he said, and safe and vides that the grain seller may revert to tices and Oklahoma voters will decide sustainable agricultural practices do the status of owner if he or she holds on a similar measure in November. not need the protection of a constitu- a check in payment issued within The amendment would protect tional amendment. five days of the date the commission Nebraska farmers and ranchers by “Most people want to trust farmers takes control of the warehouse. LB730 preventing animal and environmental as long as they demonstrate account- would clarify that the exception ap- advocacy groups from exerting undue ability and transparency,” Fulton said. plies to the date of the sale and trans- influence on the legislative process, “This bill undermines that premise fer of title regardless of whether the Kuehn said. and will cause more consumers to warehouse issued the seller a check. “Activist groups can promote increas- question our integrity and create Johnson said the bill is intended ingly restrictive legislation and regula- even more dissension and disconnect to address a problem highlighted by tion that impairs the rights of family between rural and urban America.” the 2014 closure of a grain elevator farmers and livestock producers to use John Hansen, president of the in Pierce. Some farmers who had accepted, safe and approved practices Nebraska Farmers Union, also testi- stored their grain at the elevator were on their farms and ranches,” he said. fied in opposition to the resolution. disqualified from receiving assets Kuehn said farming and ranching He called the proposed amendment a because they had not been issued a merit protection in the state constitu- “heavy-handed” response to perceived check, he said. Using titles in place of tion because of their importance to problems and said it would have unin- checks to determine ownership would Nebraska’s economy and culture. No tended consequences for existing laws eliminate confusion caused by current other industries are as dependent on regulating agriculture. law, Johnson said. property rights and require a multigen- “We do not believe family farm and

PAGE 4 • UNICAMERAL UPDATE • 104TH LEGISLATURE February 22 - 25, 2016 ranch agriculture faces enough risk Stenberg testified in support of the quests vacation leave, many times it is from society as a whole or from spe- bill, saying his office has been respon- denied due to workforce shortages,” cial interest groups to begin to justify sible for receiving and attempting to he said. “These denials are at no fault putting such an enormously radical return unclaimed property to Nebras- of the employees yet they are the ones proposed constitutional amendment kans since 1969. who are negatively impacted.” before the voters,” Hansen said. The office returned more than A Business and Labor Committee The committee took no immediate $11 million in unclaimed property in amendment, adopted 28-0, clarified action on the resolution. 2015, he said, and likely would add that cash payments made would be several million dollars to that total if considered compensation in state it could obtain title to unclaimed U.S. employees’ defined contribution and savings bonds. cash benefit plans but would not be “Unlike the state of Nebraska, the considered compensation for state U.S. government makes no effort to employees’ defined benefit plans. locate the rightful owners of U.S. Currently only judges, state patrol Unclaimed savings bond bill savings bonds that have matured,” and public school employees have considered Stenberg said. defined benefit retirement plans. Harr No one testified in opposition to said the change would ensure that A bill that would outline a procedure the bill and the committee took no an employee under a defined benefit for the state to take title of unclaimed immediate action on it. plan could not artificially inflate his U.S. savings bonds held by Nebraskans or her compensation right before re- was heard Feb. 22 by the Banking, Com- tirement, inflating benefits received merce and Insurance Committee. in retirement. LB873, introduced by Sen. John The committee amendment also Murante of Gret- incorporated into the bill provisions na, would enable Changes to state employee of LB972, also introduced by Harr. the state of Ne- vacation policy advanced The amendment added major, non- braska to take title tenured policymaking positions to of unclaimed, ma- Lawmakers gave first-round ap- the list of state employees eligible for ture U.S. savings proval Feb. 23 to a bill ensuring state compensation under LB830. bonds five years employees are compensated for un- The amendment would require after the bonds Sen. John Murante used vacation time. that any cash payment for forfeited va- become unclaimed property. Under LB830, introduced by cation leave be paid by the state agency Murante said current and former Omaha Sen. Burke within 30 days after the requested and Nebraskans or their heirs hold ap- Harr, a state agency denied leave is forfeited. proximately $95 million in unclaimed that denies an em- The bill advanced to select file on U.S. savings bonds. ployee’s reasonable a 33-0 vote. “This legislation is intended to request to use vaca- collect those funds from the U.S. gov- tion leave before it ernment so the state of Nebraska can is forfeited under return them to their rightful owners,” the “use it or lose Sen. Burke Harr Murante said. it” policy must pay the employee the Within 180 days of the five-year time cash equivalent of the forfeited leave Learning community levy, period, the state treasurer would begin that was denied. transportation repeal proposed court proceedings regarding the bonds. Harr said denying the compensa- If no valid claim is filed, all property tion to employees who may be working The Omaha learning community’s rights or proceeds from such bonds considerable overtime in the face of common levy and open enrollment would be redeemed by the treasurer and workforce shortages is no way to show program would be eliminated under be vested with the state of Nebraska. appreciation for years of loyal service. a bill heard by the Education Com- Nebraska State Treasurer Don “When a current employee re- mittee Feb. 22.

104TH LEGISLATURE • UNICAMERAL UPDATE • PAGE 5 February 22 - 25, 2016

LB967, intro- Public Schools, testified against the bill. which would be phased in over three duced by Sen. He said the common levy reflects the years beginning in FY2017-18. Bill Kintner of metro districts’ shared responsibility to Sullivan, who made LB1067 her pri- Papillion, would ensure that the learning community’s ority bill this session, said the original eliminate the com- English language learners and children intent of the common levy was to pool mon 95-cent levy in poverty—most of whom reside in the resources to benefit all learning com- and 2-cent special OPS district—receive enough resources. munity member districts and address building fund and Sen. Bill Kintner Repealing it would shift much of that fi- high levels of student poverty in inner- replace them with individual levies in nancial burden onto OPS, Lindsay said. city districts. Instead it has become the learning community’s 11 member “We would urge that any changes a wedge that threatens the learning districts. that would take place in the learning community’s success, she said. The common levy currently is community be those that all superin- “I think [the bill] retains all that’s allocated proportionally among the tendents and all school districts can good about the learning community member districts and state aid for agree on,” he said. and serves to change it in ways that the districts is calculated collectively. The committee took no immediate will make it stronger and better,” Sul- Repealing the common levy would action on the bill. livan said. increase the amount of state aid to the The bill would require learning learning community by an estimated Repeal of learning community communities to create a plan to ad- $5.4 million beginning in fiscal year common levy proposed dress achievement equity and barri- 2017-2018. ers to achievement such as poverty, LB967 also would eliminate the The Education Committee heard mobility and truancy. Districts would requirement that learning community testimony Feb. 22 on a bill that would be eligible for additional state aid school districts transport students who eliminate the Omaha learning com- after the State Board of Education participate in the open enrollment munity’s common levy and provide approves the plans. Multidistrict edu- program. aid to districts that create a plan to cational service units also could create In addition, the bill would allow address achievement barriers. achievement plans to qualify for the for school districts within a learning LB1067, introduced by Sen. Kate additional aid. community to negotiate their own Sullivan of Cedar Learning community students who boundaries. Rapids, would re- are enrolled outside their resident Kintner said the learning com- peal the 95-cent district under the current open en- munity has not increased academic common levy and rollment plan would become option achievement and the common levy has 2-cent special build- students. School districts still would hurt many member districts. ing fund levy for the be required to provide free transporta- “I think it’s the definition of a 11 school districts tion to students enrolled in the open failed government program,” he said. in Douglas and Sar- Sen. Kate Sullivan enrollment program. “The cornerstone of the failure is the py counties that make up the learning Kevin Riley, superintendent of common levy.” community. Member districts instead Gretna Public Schools, testified in Brett Richards, superintendent for would have an individual levy. support of the bill. He said the com- Springfield Platteview Community Revenue from the common levy munity achievement plan, in which Schools, testified in support of the currently is allocated proportionally schools would receive additional aid bill. He said the common levy benefits among the member districts and state equal to 5 percent of their poverty al- Omaha Public Schools (OPS) at the ex- aid for the districts is calculated col- lowance, would be an effective way of pense of his district. Instead of relying lectively. Repealing the common levy increasing poverty aid to schools while on the common levy to make up for would increase the amount of state increasing accountability. The com- disparities in resources, Richards said, aid to the learning community by an mon levy, once seen as the best way the state should increase the amount estimated $5.4 million beginning in to generate resources for high-poverty of aid it sends to districts with a high fiscal year 2017-2018. Districts that schools, is not sustainable over the percentage of students in poverty. lose funding under the new system long term and has stifled the growth John Lindsay, representing Omaha would receive state transition aid, of some districts, he said.

PAGE 6 • UNICAMERAL UPDATE • 104TH LEGISLATURE February 22 - 25, 2016

“Although never intended to be, learning community to have a viable ern bingo, pickle cards, lotteries and it’s turned into an exhausting diver- community achievement plan because raffles. Currently, only cash is allowed sion,” he said. most of them don’t have the poverty for keno transactions. Brett Richards, superintendent of that is experienced in Omaha Public Among other provisions, the bill Springfield Platteview Community Schools,” she said. would allow more flexibility for pickle Schools, also supported the bill, saying Mark Adler, superintendent for card operators and eliminate the man- that it represents a fair compromise Ralston Public Schools, also spoke datory five-minute wait time between among the 11 member districts. He against the bill, saying that it would keno games. said the common levy has been a erode the learning community’s Larson said the measure would “nightmare” for Sarpy County com- long-term financial commitment to benefit Nebraska communities that munities and schools and has cost helping students in poverty. Adler said have seen a drop in keno revenue, the district more than $10 million in the poverty level in Ralston’s student which is used for parks and to pur- potential revenue since it was imple- population has grown 24 percent in chase ambulances and law enforce- mented in 2010. the last decade. The district already ment vehicles. In addition, he said, The district’s revenue has de- has reached its maximum levy and local nonprofits would benefit from creased by 7 percent over the last six could not increase property taxes to keeping a higher percentage of the years, Richards added, while enroll- make up for a loss in state aid, he said. profit from players. ment has increased by more than 12 “If LB1067 were to pass, the long- “We know what pickle cards give percent. term outlook for any students living charities—what they do for your local “Our school districts deserve a in poverty is extremely concerning,” Rotary Clubs, Lions Clubs and Girl chance to handle growth, update fa- he said. “Removing the common levy Scouts,” Larson said. cilities with needed infrastructure and in a district where average valuation A General Affairs Committee safety features and keep our academic growth over the last five years is 1 per- amendment would strike the provi- programs competitive,” he said. “Pov- cent will eliminate any level of stability sion eliminating the five-minute wait erty is a statewide issue and the cost that once existed.” between keno games. The amendment of poverty should be shared across The committee took no immediate also would incorporate provisions the state, not on the backs of smaller action on the bill. from several additional bills. districts in the learning community Provisions from LB820, origi- and Sarpy County taxpayers in the nally introduced by name of stability.” Venango Sen. Dan Connie Knoche, chief financial of- Hughes, would allow ficer for Omaha Public Schools (OPS), a lottery or raffle testified against the bill. She said Omnibus gaming bill stalls in which the win- OPS shoulders most of the financial ners are determined burden for teaching the learning com- An omnibus bill that would change based on the timing munity’s poor students and English provisions of several gaming rules in of a naturally occur- Sen. Dan Hughes language learners. Nebraska and regulate fantasy sports ring event, such as a weather event. More than 70 percent of OPS stu- contests was tabled Feb. 22 at the Provisions of LB862, introduced dents live in poverty, the district’s refu- request of the introducer. Lawmakers by Larson, would codify fantasy con- gee student population has increased had debated the bill on general file tests in Nebraska law. The provisions by 110 percent between 2009 and 2014 Feb. 11 and 19. would apply only to operators who and the district’s number of English LB970, as intro- offer fantasy contests for cash prizes language learners increased by almost duced by O’Neill to the general public upon payment 400 percent between 2000 and 2014, Sen. Tyson Larson, of an entry fee. she said. The community achievement would allow any Among other provisions, the amend- plan would not be an effective way to form of payment ment would require operators to verify increase poverty aid, Knoche added. in U.S. currency that participants are at least 18 years old “There is little or no incentive for under the various and allow participants to voluntarily most of the school districts in the state acts that gov- Sen. Tyson Larson restrict their access to contests.

104TH LEGISLATURE • UNICAMERAL UPDATE • PAGE 7 February 22 - 25, 2016

Omaha Sen. Ernie Chambers op- tary and Veterans Affairs Committee. neutral capacity, saying the commission posed the bill, saying the provisions Under LB792, introduced by has no position on when public of- relating to fantasy sports contests would Heartwell Sen. John ficials are allowed to become lobbyists. constitute expanded gambling, which is Kuehn, former state- However, Daley said, the definition illegal under the Nebraska Constitution. wide office holders of which staff members are covered by “The state cannot regulate that and members of the the bill’s provisions should be made which is illegal,” Chambers said. “Trying Legislature, Public clearer if the committee advances to put in place a regulatory scheme does Service Commis- the bill. not make that which is illegal, legal.” sion, State Board No opposition testimony was of- Larson countered that the bill’s of Education and Sen. John Kuehn fered and the committee took no provisions would provide safeguards for Board of Regents of the University of immediate action on the bill. the 300,000 Nebraskans who currently Nebraska would be required to wait engage legally in daily fantasy sports. two years after leaving office to be Call for convention of states The bill would require operators to employed as a lobbyist. returned to committee register and be licensed, he said, which An individual employed as staff by several other states also are considering. the same officials—with the exception A resolution that would serve as the “If you don’t want the little guy to of clerical staff or those not engaged state’s application for a convention of be taken advantage of, then you need in policy making—would be required the states was returned to committee the consumer protections that are in to wait one year. during general file debate Feb. 22. LB970 and the committee amend- Kuehn said the bill would address LR35, introduced by Crete Sen. ment,” Larson said. a public perception that individuals Laura Ebke, calls A motion offered by Chambers in public service may be tempted to for a convention to indefinitely postpone the bill was use relationships developed while of the states, au- supported by Scribner Sen. David in elected office to unduly influence thorized under Schnoor, who said the state should legislation after they leave office. The Article V of the not encourage gambling. bill also would align Nebraska law with U.S. Constitution. “The consumer protection is not let- guidelines governing federal officials Congress would be ting this [bill] go through,” Schnoor said. and staff, he said. compelled to call a Sen. Laura Ebke The motion was defeated 14-11. “Thirty-three other states have convention of the states if a two-thirds A Chambers motion filed Feb. 19 some sort of statutory cooling off majority—34 states—pass identical to bracket the bill until April 20, 2016, period for elected officials,” he said, resolutions. was pending when the Legislature ad- although most do not limit the ability Ebke said LR35 would limit discus- journed for the week. Speaker Galen of staff to take positions in the lobby. sion at a convention to three issues: Hadley announced Feb. 22 that LB970 “Political transparency and main- imposing fiscal restraints on the federal had been placed on hold for the rest of taining the trust and confidence of the government, limiting the power and the session at Larson’s request. people should be first and foremost,” jurisdiction of the federal government Kuehn said. and limiting the terms of office for fed- Gavin Geis of Common Cause eral officials and members of Congress. Nebraska testified in support of the “I spent last summer and fall bill, saying constituents may feel be- traveling around the state holding trayed by elected officials who use the 33 town halls so citizens could learn influence given to them by voters for more about the process [of calling Bill would limit lobbying by personal gain. for a convention of the states],” she former elected officials “In a representative democracy we said. “It is a cause I believe in. I see a should be trying to stay away from that $19 trillion national debt with $100 Certain former elected officials and as much as possible,” Geis said. trillion plus in unfunded obligations public employees would have to wait Frank Daley, executive director that our children will have to pay off. before joining the lobby under a bill of the Nebraska Accountability and I worry about their future.” heard Feb. 25 by the Government, Mili- Disclosure Commission, testified in a The convention would deal only

PAGE 8 • UNICAMERAL UPDATE • 104TH LEGISLATURE February 22 - 25, 2016 with proposed amendments, which • receive care in a way that pro- would be sent to the states for rati- motes his or her dignity and fication. It would require a three- individuality; and fourths majority—38 states—to ratify an • information on the cost of ser- amendment to the U.S. Constitution. vices and whether those costs are covered by insurance or a Omaha Sen. Ernie Chambers said Home care consumer public or private program. there would be no way to limit the protections amended, advanced scope of a convention of the states. He An individual who violates the filed a motion to recommit the resolu- A bill that seeks to enhance protec- bill’s provisions would be subject to a tion to the Government, Military and tions for individuals who receive in- civil penalty of $100 per violation, up Veterans Affairs Committee. home care services was amended and to a maximum of $1,000. “[Delegates] could rewrite the advanced from general file Feb. 23. Mello said it is a growing concern entire Constitution. They could Omaha Sen. that seniors and others often employ change our form of government from Heath Mello, spon- caregivers without realizing that they representative to parliamentary,” he sor of LB698, said are considered contract employees, said. “Why in the world should this the measure was the which can involve significant liabilities. Legislature count on other people to result of a recommen- “One significant protection LB698 be more prudent than our members dation from the Leg- highlights is the transparency of the and undo the damage that would be islature’s Aging Ne- employment status of home health done by passing [LR35]?” braskans Task Force. Sen. Heath Mello care workers,” he said. Lincoln Sen. Matt Hansen sup- The bill would create the Home A Health and Human Services ported the motion to recommit the Care Consumer Bill of Rights, which Committee amendment, adopted 30-0, resolution, saying it proposes a messy would apply to individuals 60 and old- would raise the maximum civil penalty solution to a messy problem. er, those 18 and older with a disability to $2,000 plus actual damages. The “Fundamentally, if we feel Con- and the parent or guardian of a minor amendment also would expand the gress is too gridlocked and too partisan who receives home care services. definition of a home care consumer to be effective, I have no notion that Mello explained that the bill es- to include the guardian of an incapaci- [the convention] would be any more sentially is the same as a proposal that tated person and add a right to privacy. cohesive or less partisan,” Hansen he introduced last session to protect Lincoln Sen. Kathy Campbell, said. “I don’t think it’s good gover- consumers of home care services. The chairperson of the committee, said nance to offer up that huge concession measure was advanced to general file, that the bill would provide important of power without more clarity.” he said, where a decision was made to consumer protections for vulnerable Opposing the recommit motion, repurpose the bill into a vehicle for Nebraskans. Henderson Sen. Curt Friesen said a another proposal. “This is an excellent bill that is convention would be a first step in “My goal with LB698 is to ensure needed to give our seniors some idea addressing citizens’ frustrations with that the rights of Nebraska’s vulner- of the rights that they have as they Congress. able populations—such as the elderly bring people into their home environ- “It’s time for a convention of the and disabled—are protected when they ment,” she said. states to deal with the anger that’s out have the assistance of someone else in Campbell offered an amendment, in the country and the uncontrolled their home,” Mello said. adopted 29-0, which added provisions spending,” he said. “It would put A consumer of home care services, from three additional bills. pressure on Congress to do something or the parent or guardian of a con- LB708, origi- because we don’t expect them to limit sumer who is a minor, would have nally introduced their own authority. They don’t do it the right to: by Lincoln Sen. and they won’t do it.” • refuse service; Kate Bolz, would Senators voted to recommit LR35 • have grievances addressed in a require the state back to the Government, Military timely manner; Department of and Veterans Affairs Committee on • participate in the approval of ser- Health and Hu- a 25-18 vote. vices and any changes in service; man Services to Sen. Kate Bolz

104TH LEGISLATURE • UNICAMERAL UPDATE • PAGE 9 February 22 - 25, 2016 develop an endorsement for assisted ments, LB698 was advanced to select involvement in school activities in living facilities that provide high file 28-0. their success, she said, including an quality care for individuals with advocate who is now an attorney. cognitive impairment, dementia and Bill seeking to normalize life “It had been a school event where Alzheimer’s disease. for foster youth advances someone had really given her the op- Qualifications for the endorsement portunity to show what she was able would include staffing enhancements, A bill that would implement provi- to do,” Crawford said. staff training, dedicated programing sions of a federal law designed to pro- The bill also would require the state and security requirements. The de- mote normalcy for foster care youth Department of Health and Human partment also would be required to was advanced to select file Feb. 22. Services to ensure that foster children examine the Medicaid rate structure Lincoln Sen. Kathy Campbell, age 14 and older are made aware of and make recommendations regarding sponsor of LB746, their rights and responsibilities before a higher or supplemental reimburse- said normalcy in aging out of the system, as well as have ment rate for facilities that qualify for the context of access to certain documents. the endorsement. the foster system Required documents would in- Bolz said the provisions would means age and de- clude a copy of the individual’s birth strengthen the state’s system for ad- velopmentally ap- certificate, Social Security card, medi- dressing the needs of individuals with propriate activities cal, financial and educational records, Alzheimer’s disease and help create and experiences Sen. Kathy Campbell family contact information and a list cost savings. essential to the healthy development of local community resources. LB849, introduced by Bellevue of children and youth. The bill would require juvenile Sen. Sue Craw- “Normalcy is defined best by letting courts to ensure that children in fos- ford, would re- kids be kids,” she said. ter care are able to engage in normal quire a hospital to Campbell said it is important for activities and make certain findings give each patient foster children to participate in extra- part of a child’s record. LB746 also or the patient’s curricular and social activities such would establish the Normalcy Task legal guardian as field trips, sports, clubs, religious Force, with members appointed by the opportunity groups, and family vacations and the Nebraska Children’s Commission. to name an indi- Sen. Sue Crawford photos. Current regulations regard- A Health and Human Services vidual as a designated caregiver. ing children in out-of-home care have Committee amendment, adopted 33- Under the bill, a designated care- been interpreted to prohibit such 0, would ensure that provisions related giver would be consulted regarding participation, she said. to credit reports comply with federal the patient’s discharge plan and the “Over the past few years the Leg- law and make the bill operative on hospital would be required to de- islature has taken significant steps to July 1, 2016. Campbell said the date scribe the patient’s aftercare needs strengthen our foster care system,” would allow the department time to post-release or transfer, including a Campbell said. “For me, LB746 is the make necessary changes to their data description and demonstration of any next step.” systems. aftercare tasks. Under the bill, a prudent parent Lawmakers advanced the bill to Crawford said the measure would standard would be developed for select file on a 37-0 vote. provide important information for caregivers—whether in-home or in an individuals who choose to assist institutional setting—that would allow Bill would create emergency friends and family members following caregivers to use their best judgment crisis centers a hospital stay. in making day-to-day decisions about LB869, also introduced by Craw- activities for youth in their care. To The state would change the way it ford, would align Nebraska law with the extent possible, birth parents also responds to individuals experiencing federal requirements for fingerprint- would be involved in such decisions. mental health crisis under a bill heard ing and background checks of high- Bellevue Sen. Sue Crawford sup- Feb. 24 by the Health and Human risk Medicaid providers. ported the bill. Many former foster Services Committee. Following adoption of the amend- youth have cited the importance of Columbus Sen. Paul Schumacher,

PAGE 10 • UNICAMERAL UPDATE • 104TH LEGISLATURE February 22 - 25, 2016 introducer of free hotline. LB998, said Ne- Elizabeth Lay, Platte County depu- braska needs to ty county attorney, testified in support address a short- of the bill, saying the current system coming in state does not serve the state well. Invasion of privacy provisions law that places Counties are obligated to deal with considered the burden on individuals who are mentally ill, she counties of eval- Sen. Paul Schumacher said, while also considering public Members of the Judiciary Com- uating Emergency Protective Custody safety. If mental illness is driving an mittee heard testimony on a bill Feb. (EPC) detainees pending a mental individual’s criminal behavior, she 25 that would prevent invasions of health board proceeding. said, proper treatment is essential as privacy by certain unmanned aircraft. Schumacher said local law enforce- a long-term solution. LB720, introduced by Heartwell ment and county attorneys currently “We’re trying to ensure that the Sen. John Kuehn, are tasked with determining whether treatment is primary so that person would require the an individual is mentally ill and danger- can go back into society and live a pro- express written con- ous and, if so, taking the person into ductive life,” Lay said. “Prison doesn’t sent of landowners EPC. Detainees then are often refused accomplish that.” before images, vid- placement within the state’s behavioral Elizabeth Hurst of the Nebraska eo or sound could health system, he said, due to lack of Hospital Association also testified in be captured by an capacity or because the individual is support of the bill. Approximately unmanned aircraft Sen. John Kuehn deemed too dangerous or combative. 10 of the nearly 100 hospitals in operating less than 200 feet above a The result, he said, is that EPC Nebraska have specially designated property. The bill would not regulate detainees are charged with a criminal mental health units, she said, which is the mere use of unmanned aircraft. violation and jailed. insufficient to adequately address the A person found to be capturing “What we are struggling with is state’s mental health needs. images, video or sound without prior a mental health system which is not The result, Hurst said, is that written consent would be liable for terribly well organized and which does hospitals with contracts to provide damages for invasion of privacy. not do a uniformly good job across mental health care to EPC detainees Kuehn said 45 states considered the state of addressing mental health often refuse individuals because the similar legislation in 2015. issues—which, if left unaddressed, end facility lacks the specially trained staff “The legal ramifications of drones up as prison overcrowding issues,” required to provide proper treatment. become more significant as the tech- Schumacher said. Sheri Dawson, DHHS director nology is more widely adopted,” he The bill would authorize creation of of the division of behavioral health, said. “[LB720] strikes an important five emergency community crisis cen- testified in a neutral capacity. The balance between consumer rights to ters to be located across the state. Two department has contracted for a com- use the technology as well as maintain- would be established in the first year prehensive behavioral health needs ing the right of people to be protected following the bill’s effective date, with assessment, she said, which will be from the unintentional, unknown or an additional crisis center established completed by June 30. Failing to wait even malicious use of the technology.” each year for the next three years. for the results of the study could result Adam Houston, a weather re- Crisis center locations would be in establishment of crisis centers in searcher, testified in opposition to the determined by the director of the state areas of the state that would be dupli- bill. He said his team’s severe-storm re- Department of Health and Human Ser- cative and costly, she said. search could be hampered by the bill. vices (DHHS) and centers also would “I believe LB998 is premature, as “Unfortunately it’s not possible be authorized to provide services to services outlined in this bill should for us to request permission ahead of individuals seeking mental health treat- be considered in light of [that study],” time,” he said, noting that his team ment through voluntary commitment. Dawson said. cannot always know when a severe In addition, the department would No opposition testimony was of- storm will occur. “We want to make be required to establish a regional fered and the committee took no sure the policy doesn’t overstep the outreach center that maintains a toll- immediate action on the bill. potential use of this technology.”

104TH LEGISLATURE • UNICAMERAL UPDATE • PAGE 11 February 22 - 25, 2016

The bill would not limit the ability derstand the responsibility they have and transcripts of the proceedings to of law enforcement or other govern- to ethics, honesty and fair reporting be filed with the court to be available ment agencies from lawfully operating by enjoying the privileges under the for public review. an unmanned aircraft in the airspace First Amendment,” he said. “The best Additionally, the prosecuting attor- directly above private property. way to learn those responsibilities is to ney would select a team of three peace No proponent testimony was pro- have those responsibilities.” officers trained to investigate homi- vided. Omaha North student Madison cides. At least two of the officers chosen Pohlman also supported the bill. She must be from agencies other than that Protections for student said her decision to stay in Nebraska which is being investigated. The team journalists proposed for journalism school hinges on her would file a report of its findings with ability to freely practice her profession. the prosecuting attorney for review. A bill heard by the Judiciary Com- No one testified in opposition to Douglas County Attorney Don mittee Feb. 25 would provide protec- the bill and the committee took no Kleine supported the bill. He said it tions to student journalists. immediate action on it. would make the current grand jury LB885, introduced by Hyannis Sen. process more open while also protect- Al Davis, would ex- Bill would open grand jury ing sensitive information like the tend to postsecond- proceedings to public names of grand jurors. ary student journal- “[LB1055 as amended] would en- ists the full right to Grand jury proceedings would sure that in the investigative process, exercise freedom of be subject to increased transparency it won’t just be an agency investigating speech and press under a bill heard by the Judiciary itself,” Kleine said. “It would allow provided to profes- Committee Feb. 24. transparency with regard to the public’s sional members of Sen. Al Davis Currently, the death of a person ability to review a transcript and what’s the media. while in police custody automati- taken place with the grand jurors with- Davis said not protecting the rights cally is investigated by a grand jury. out disturbing the process itself.” of student journalists is an affront to LB1055, intro- Joe Kelly, Lancaster County at- their education. duced by Omaha torney, also supported the bill. He “There have been instances of high- Sen. Ernie Cham- suggested the committee add a provi- er education institutions retaliating bers, would re- sion preventing members of the public against student journalists and their quire grand juries from copying or reproducing aspects advisors who wrote pieces critical of to create a report of a grand jury report, including crime the administration,” he said. “College explaining the scene and autopsy photos. students have a unique view and may jury’s findings in Sen. Ernie Chambers No one testified in opposition to find opportunities to tell important the event it returns no indictment the bill and the committee took no stories that could slip past professional following an investigation. immediate action on it. journalists.” Chambers said the secretive nature The bill would not protect any ex- of the current process has fostered deep pression by the student journalist that public distrust of law enforcement. is libelous or slanderous, constitutes “There have been any number of an unwarranted invasion of privacy, police killings presented to grand juries violates state or federal law or incites to investigate police misconduct,” he Hedging transaction authority students to engage in an unlawful act. said. “In many of those incidents, often for power agencies advances Allen Beermann, representing the the grand jury would not hand down Nebraska Press Association, testified an indictment and nothing would be Certain public power districts in support of the bill. He said student made public from those proceedings.” could engage in hedging transactions journalists must have adequate train- Chambers brought an amendment on commodity futures under a bill ing before they enter the workforce. to the bill, which would replace its advanced by lawmakers Feb. 25. “It’s important for young people original provisions. It calls for grand LB897, introduced by Omaha Sen. becoming working journalists to un- jury reports, decisions not to indict Brett Lindstrom, would authorize any

PAGE 12 • UNICAMERAL UPDATE • 104TH LEGISLATURE February 22 - 25, 2016 power-generating bers in 2014 was vetoed by then-Gov. she said. agency that operates Dave Heineman. The state’s first moun- Tim McCoy, deputy director of the in a regional trans- tain lion hunting season was held that state Game and Parks Commission, mission organiza- year, but the commission has authorized testified against the bill, saying that tion to participate no hunting since then due to the large the commission’s goal is the long- in hedging transac- number of females killed that year. term preservation of mountain lions tions for fuel, power Chambers said that year’s legal in Nebraska. No game species the or energy. Sen. Brett Lindstrom hunting took five cats and 11 others commission has managed has become The agency could use no more than were killed by illegal hunting, traps endangered, he said, and hunting per- 5 percent of its annual gross revenue and auto accidents. Ten of the 16 cats mits provide funding for conservation averaged over the previous three years killed that year were females, he said. and research efforts. for the transactions. It could use only Mountain lions were native to the “We have a long-standing expertise funds designated for the investments— state but disappeared from Nebraska in terms of managing game species in not facilities or other assets—and the by the late 1800s due to settlers’ ef- this state,” McCoy said. “We believe agency’s governing body would have forts to exterminate them. Mountain we should maintain that authority to to authorize any hedging agreement. lions returned to Nebraska in the manage mountain lions like we do Lindstrom said certain public power early 1990s and have established other species.” districts should have the authority to breeding populations in three areas McCoy said the commission is con- use hedging transactions as a financial in the northwest part of the state. The ducting a multi-year study of mountain tool to mitigate risk by locking in the commission estimates that about 20 lion populations using radio collars prices of fuel, power and energy futures. animals live in the Pine Ridge area. and DNA analysis of the animals’ This would allow agencies to keep elec- Chambers said there have been no droppings. He said the commission tricity prices low, he said. documented mountain lion attacks on will evaluate whether to hold another After adopting a technical amend- humans or livestock since the animals hunting season in 2018 after complet- ment, senators voted 34-0 to advance returned to the state in the early 1990s. ing a study of the current population. the bill to select file. There are so few lions that the commis- Scott Smathers, executive director sion should be able to preserve them of the Nebraska Sportsmen’s Founda- Mountain lion hunting ban and ensure public safety without relying tion, also spoke in opposition to the requested on hunting, a practice designed only to bill, saying it would strip the commis- raise revenue and provide hunters with sion of a useful tool for managing the Hunting of mountain lions would the “thrill” of killing, he said. state’s mountain lion population. be prohibited in Nebraska under a “These animals don’t just belong “The elimination of using hunting bill heard by the Natural Resources to hunters,” Chambers said. “These permits represents a serious threat to Committee Feb. 25. animals are of interest to all of the science-based management and the LB961, introduced by Omaha citizens of this state.” sustainability of other wildlife popula- Sen. Ernie Chambers, would end the Patricia Fuller spoke in support of tions in the state,” he said. state Game and Parks Commission’s the bill. She said mountain lions are The committee took no immediate authority to establish a hunting season a keystone species that prevent popu- action on the bill. for mountain lions. lations of deer and elk from growing Current law allows Nebraskans at too large for their habitat to support. least 12 years old to hunt antelope, elk, Wyoming, Colorado and Washington, mountain sheep and mountain lions. states with much larger mountain lion Those between 12 and 15 may hunt populations, have reduced conflicts those animals under the supervision between mountain lions and humans of someone who is at least 19 and by expanding educational outreach Omaha school retirement bill holds a valid hunting permit. LB961 programs and emergency response expanded, advanced would remove mountain lions from plans, Fuller said. those provisions. “Random culling via sport hunt- Lawmakers expanded the scope of A similar bill introduced by Cham- ing will not make Nebraskans safer,” a bill that would make changes to the

104TH LEGISLATURE • UNICAMERAL UPDATE • PAGE 13 February 22 - 25, 2016

Omaha school employee retirement allow the board to appoint the OS- ARC obligations “alarming,” he said plan before advancing it from general ERS administrator and oversee the more state oversight is necessary. file Feb. 25. administrator and staff. It also would “The only way that you solve pen- As introduced last session by for- transfer investment authority for OS- sion problems going forward is by mer Sen. Jeremy Nordquist, LB447 ERS funds to the state treasurer, the best practices,” Mello said, which would make the following governance Nebraska Investment Authority and includes full annual payment of ARC changes to the Class V (Omaha) the state investment officer. obligations. School Employees Retirement (OS- State funding also would change The amendment would limit the ERS) Act: under the amendment. If the state state service annuity and medical cost • create independent investment appropriates funds for an actuarially of living increase in the Omaha plan to authority for the board of trust- required contribution (ARC) in the individuals who were members prior ees; school employee plan, and the OSERS to July 1, 2016. It also would raise the • place retirement system employ- plan also has an ARC, the Omaha Pub- normal retirement age for Omaha ees under the control of the lic School District (OPS) could request school members from 62 to 65. board of trustees; a public hearing before the Appropria- In addition, school plan members • remove board of education tions Committee to request additional would no longer be able to work up to members from the board of state funding to pay its ARC. 20 hours per week while receiving the trustees; and If the committee recommends pay- disability benefit. An employee hired • provide for election of trustees ment of the additional funding, and after July 1, 2016, no longer would be by members of the retirement it is approved by the Legislature, the able to vest with half year of service system. school plan ARC would be computed as credit if he or she is at least 65. A Retirement Systems Committee a percent of payroll and the state would Kolterman said the changes would amendment, adopted 34-0, replaced contribute to OSERS the lesser of the result in significant cost savings to both the bill and inserted provisions of same percent of payroll that was paid to the OSERS and school employee plans. LB448 as amended during general file the school plan or the percent of OSERS The amendment also would incor- debate in 2015. That bill, also spon- members’ compensation needed to the porate provisions of three additional sored by Nordquist, stalled on select meet the OSERS plan ARC. bills. file and was bracketed by unanimous Seward Sen. Mark Kolterman, LB805, introduced by Mello, consent. chairperson of the Retirement Systems would require each political subdivi- Omaha Sen. Heath Mello, who in- Committee, explained that Omaha sion that has a defined benefit plan to troduced the bill for taxpayers currently are responsible conduct an actuarial experience study debate this session, for any ARC payments to the OSERS at least every four years. said the committee plan, while the state is legally respon- LB922, introduced by Kolterman, amendment repre- sible for ARC payments to the school would adjust the sented negotiation employee plan. terms of the Pub- and compromise Kolterman said the amendment lic Employee Re- reached over the in- would address concerns he raised last tirement Board terim by all impact- Sen. Heath Mello session regarding state responsibility (PERB) so that ed parties. Taken together, he said, the for future ARC payments to the OS- no more than two provisions are an important step toward ERS plan. members would eventually merging the OSERS plan “Last year this payment would have be appointed or Sen. Mark Kolterman with the state school employees plan. been made automatically—that’s what reappointed in any one year. It also “The reality is that reforming pub- I objected to,” he said. “[Now] the would clarify procedures for filling a lic pensions is difficult work,” Mello entire legislative body would have to vacated term. said. “There is a lot of work that still approve the payment.” LB986, introduced by the Retire- lies ahead.” Mello supported the change, noting ment Systems Committee, would add The amendment would place the that past ARC payments to the OSERS new duties for the Nebraska Public OSERS staff under the control of plan have not been paid in full annually Employees Retirement Systems execu- the OSERS board of trustees and by OPS. Calling the millions in unpaid tive director, the PERB and the actu-

PAGE 14 • UNICAMERAL UPDATE • 104TH LEGISLATURE February 22 - 25, 2016 ary regarding experience studies and stead benefits for veterans’ surviving Senators adopted a technical annual evaluation reports. spouses who remarry. amendment and voted 29-0 to advance Hyannis Sen. Al Davis supported “Our servicemen and women write the bill to select file. the bill and the amendments, saying a blank check when they agree to the state needs to manage retirement protect our nation,” Craighead said, funds in a way that is beneficial to “and we should not as a state strip Omaha school employees and all their family members of benefits set Nebraska taxpayers. He said LB447 out for them by federal law.” would provide greater stability to the Senators voted 39-0 to advance the Additional economic OSERS plan and more closely align it bill to select file. development disclosure with the state school employee plan. advanced “It is our responsibility to make nec- Access to tax incentive data essary changes and to make sure that advanced Businesses would be required to the plans are fully funded,” Davis said. disclose additional information before Following the 26-0 adoption of a Senators advanced a bill Feb. 23 applying for certain local economic Kolterman technical amendment, the that would ensure the Legislative Au- development programs under a bill bill advanced to select file 32-0. dit Office’s access to data necessary for advanced by lawmakers Feb. 23. conducting performance audits of tax The provisions of LB1059, intro- incentive programs. duced by Bellevue LB1022, introduced by the Legisla- Sen. Sue Craw- tive Performance Audit Committee, ford, would ap- would give the office direct access to all ply to businesses Homestead exemption for agency databases containing relevant seeking economic remarried spouses of veterans program information. The bill would development in- advances allow the office to request confidential centives under state Department of Revenue data and the Local Munici- Sen. Sue Crawford Lawmakers advanced a bill Feb. 22 remove current provisions giving the pal Economic Development Act or that would allow a veteran’s surviving speaker of the Legislature and the chair- contracts using tax increment financ- spouse to retain his or her homestead person of the committee access to con- ing (TIF). exemption after remarrying. fidential data in certain circumstances. Crawford said the bill is designed Under current state law, surviving Syracuse Sen. Dan Watermeier, to address the intersection between spouses of veterans who died on active chairperson of state incentives and local development duty or were honorably discharged the Legislative incentives. She said state tax credits can and drew disability compensation are Performance Au- include a refund of a municipality’s lo- eligible to retain the veterans’ home- dit Committee, cal option sales tax, which is not always stead exemption said the audit of- evident to a municipality before award- only if they do not fice must have ing local incentives for the same project. remarry. LB683, access to confi- “In some cases, municipalities have introduced by dential taxpayer Sen. Dan Watermeier gone months without local option sales Omaha Sen. Joni data to perform thorough evaluations tax revenue because of those refunds,” Craighead, would of state programs. The bill would not she said. “It is critical that munici- allow a surviving change existing privacy protections, he palities facing a decision to award local spouse to retain Sen. Joni Craighead said, and auditors would be allowed to development incentives know if state the exemption if he or she remarries review confidential tax records only incentives for the same project would after age 57. at the state Department of Revenue. force them to lose [that revenue.]” Craighead made the bill her prior- The office would be prohibited from Before applying for special incen- ity bill this session. She said it would including any information in its re- tives, a business must certify: align Nebraska statute with federal ports that could identify individual • whether it has filed or intends law, which currently preserves home- taxpayers, he said. to file an application to receive

104TH LEGISLATURE • UNICAMERAL UPDATE • PAGE 15 February 22 - 25, 2016

tax incentives under the Ne- from such plans may be used only for tee. The provisions would require a braska Advantage Act for the low- and moderate-income housing. public hearing and a supermajority same project; Lincoln Sen. Colby Coash sup- vote—two-thirds of members—by the • whether such application in- ported the bill and amendment, saying municipality’s governing body. cludes or will include a refund there already is precedent for making Columbus Sen. Paul Schumacher of the municipality’s local op- changes to existing Local Option Mu- said the provisions of LB808 were tion sales tax revenue; nicipal Economic Development plans. disingenuous to voters who approved • a good faith estimate of the “These plans are one of the most only specific language and projects total amount of tax incentives effective tools we’ve given municipali- when approving a local option sales the business expects to receive ties to encourage growth and develop- tax and were promised a popular under the Nebraska Advantage ment,” Coash said. “The Legislature vote to approve future changes. He Act for any application; and has continually added things that introduced an amendment that would • whether such application has become qualifying projects under have required a unanimous vote by a been approved. the process which weren’t considered municipality’s governing body, rather An Urban Affairs Committee when the city initially went to the vot- than a supermajority. amendment, adopted 28-0, incorpo- ers and asked for those funds.” “We’re replacing a vote of the rated provisions of two related bills. Originally introduced by Lincoln people here with a vote of a city coun- LB860, originally introduced by Sen. Matt Hansen, LB808 would allow cil or a citizen advisory committee,” Venango Sen. Dan a municipality to he said. “That’s not the deal that was Hughes, would au- amend an existing originally made with the voters when thorize a munici- Local Municipal they initially approved the language. pality to use funds Economic Devel- I don’t think taking voters out of the from a Local Mu- opment plan to loop is a good idea.” nicipal Economic add or remove a The Schumacher amendment Development plan qualifying business failed on a 12-18 vote. for workforce hous- Sen. Dan Hughes if recommended Sen. Matt Hansen Senators advanced the bill to select ing. Currently funds by its citizen advisory review commit- file on a 28-2 vote. g Unicameral Youth Legislature igh school students with an Registrants are encouraged to interest in law, government, apply for a Speaker Greg Adams Hleadership or public speaking are Civic Scholarship award, which encouraged to register for the covers the full cost of admission. 2016 Unicameral Youth Legisla- Applicants must submit a short ture, which will convene June 5-8. essay. Other $100 scholarships are also available. The Unicameral Youth Legislature is a four-day legislative simulation con- The University of Nebraska– ducted at the State Capitol Building Lincoln’s Extension 4-H Youth and coordinated by the Clerk’s Office Development Office coordinates of the Nebraska Legislature. Student housing and recreational activities senators will sponsor bills, conduct for the camp as part of their Big committee hearings, debate legisla- Red Summer Camps program. tion and discover the unique process of the nation’s only unicameral. Registration forms can be obtained from the Legislature’s Unicameral Students will learn about the inner Youth Legislature page: workings of the Legislature directly www.NebraskaLegislature.gov/uyl. from senators and staff. Bills will be based on legislation considered dur- The registration deadline is May 15. ing the current legislative session.

PAGE 16 • UNICAMERAL UPDATE • 104TH LEGISLATURE February 22 - 25, 2016 Speaker Priority Bills Priority bills generally are scheduled for debate before other bills. Each senator may select one priority bill and each committee may select two priority bills. The Speaker may select up to 25 priority bills per session. Senator and Committee priority bills were printed in last week’s Unicameral Update.

Priority Bill Introducer Status One-line description Speaker Hadley LB235 Howard General File Adopt the Consumer Protection in Eye Care Act Speaker Hadley LB465 B. Harr General File Adopt the Electronic Notary Public Act Speaker Hadley LB549 Campbell Referral Adopt the Health Care Transformation Act Speaker Hadley LB580 Murante General File Adopt the Redistricting Act Speaker Hadley LB686 Chambers General File Provide for the publication and distribution of the Constitution of Nebraska Speaker Hadley LB716 Kolowski Referral Provide and eliminate provisions regarding pedestrians and bicyclists Speaker Hadley LB721 Baker General File Adopt the Surgical First Assistant Practice Act Speaker Hadley LB742 Hansen General File Change county population thresholds Speaker Hadley LB756 Performance Referral Terminate the Nebraska long-term care savings plan Audit Speaker Hadley LB768 Garrett Referral Provide for Choose Life License Plates Speaker Hadley LB803 Retirement General File Change disposition of court docket fees as prescribed Speaker Hadley LB804 Hilkemann Referral Adopt the Investigational Drug Use Act Speaker Hadley LB829 B. Harr Referral Adopt the Revised Uniform Fiduciary Access to Digital Assets Act (2015) Speaker Hadley LB835 Mello Referral Change provisions relating to consumer protection Speaker Hadley LB837 Scheer General File Change provisions relating to premium taxes and quarterly statements under the Surplus Lines Insurance Act Speaker Hadley LB851 McCollister Referral Change the Taxpayer Transparency Act Speaker Hadley LB901 Kolterman General File Change dental assistant and licensed dental hygienist provisions Speaker Hadley LB930 Scheer Referral Change provisions relating to statewide assessments and college admission testing as prescribed Speaker Hadley LB962 Fox General File Change requirements for the practice of acupuncture Speaker Hadley LB994 Davis Referral Change provisions under the Motor Vehicle Registration Act relating to financial responsibility as applied to nonresident owners Speaker Hadley LB1000 Mello Referral Require certain law enforcement agencies to adopt policies on the use of body-worn cameras, provide that recordings from such cameras are not public records, and prohibit certain conduct involving such recordings Speaker Hadley LB1033 Campbell General File Create an advisory committee relating to persons with disabilities within the Department of Health and Human Services Speaker Hadley LB1083 Williams General File Adopt the Next Generation Business Growth Act and change funding for tax credits under the Community Development Assistance Act Speaker Hadley LB1098 Morfeld Referral Increase legal services fees as prescribed Speaker Hadley LB1106 Garrett Referral Change civil forfeiture provisions as prescribed

104TH LEGISLATURE • UNICAMERAL UPDATE • PAGE 17 February 22 - 25, 2016 Committee Hearings Current hearing schedules are always available at: nebraskalegislature.gov/calendar Monday, February 29 Health & Human Services Health & Human Services Appropriations Room 1510 - 1:00 p.m. Room 1510 - 1:00 p.m. Room 1524 - 1:30 p.m. Appointment: Sitorius, Michael A. - Appointment: Wells, Roger - Rural AM2236 to LB537 - Appropriate funds Rural Health Advisory Commission Health Advisory Commission relating to natural resources Appointment: Kent, Mary J. - Rural Appointment: Craig, John A. E. - Rural Health Advisory Commission Health Advisory Commission Business & Labor LR415 (Riepe) Urge the Nebraska Appointment: Schroeder, Rebecca - Room 2102 - 1:30 p.m. congressional delegation to support Rural Health Advisory Commission LB828 (B. Harr) Redefine terms under and co-sponsor Senate Bill 1989 LB674 (Krist) Provide financial the Employment Security Law entitled Primary Care Enhancement Act compensation for care for disabled LB981 (Business & Labor) Provide for of 2015 persons by family as prescribed payment of claims against the state LB842 (K. Haar) Change admission and LB697 (Howard) Provide for a medicaid LB982 (Business & Labor) Deny graduation provisions relating to barber state plan amendment application payment of claims against the state schools and colleges relating to functional family therapy LB905 (Ebke) Adopt the Commission Transportation & Telecommunications on Fathers, Men, and Boys Judiciary Room 1113 - 1:30 p.m. Establishment Act of 2016 Room 1113 - 1:30 p.m. Appointment: Weander, Timothy W. - LB769 (Garrett) Change provisions Board of Public Roads Classifications Judiciary relating to firearms and Standards Room 1113 - 1:30 p.m. LB681 (Schnoor) Change certain Appointment: Krager, John F., III - LB707 (Coash) Increase the number of violation and penalty provisions under Board of Public Roads Classifications judges of the separate juvenile court the Concealed Handgun Permit Act and Standards LB848 (Pansing Brooks) Change LB1090 (Hansen) Require notification of Appointment: Figard, Roger - Board provisions relating to courts law enforcement by the Nebraska State of Public Roads Classifications and LR398CA (Bloomfield) Constitutional Patrol of denials of handgun certificates Standards amendment to provide for election of as prescribed Appointment: Wacker, David - Board judges and eliminate the merit plan for LB815 (Stinner) Change provisions of Public Roads Classifications and selection of judges relating to petitions for removal of a Standards LB990 (Davis) Adopt the Fetal Dignity person’s firearms-related disabilities or LB938 (rehearing) (Smith) Adopt the Protection Act disqualifications 911 Service System Act and transfer LB767 (Garrett) Prohibit dismember- LB971 (Gloor) Change provisions funds from the Enhanced Wireless 911 ment abortion as prescribed and pro- relating to restoration of seized firearms Fund to the 911 Service System Fund vide for civil and criminal penalties Friday March 18 Tuesday, March 1 Thursday, March 3 Transportation & Telecommunications Education Government, Military & Veterans Affairs Room 1525 - 1:00 p.m. Room 1525 - 1:30 p.m. Room 1507 - 1:30 p.m. Appointment: Tagge, Darold - Board Appointment: Goldschmidt, Pete - Appointment: Jordening, Polly - State of Public Roads Classifications and Technical Advisory Committee for Emergency Response Commission Standards Statewide Assessment Appointment: Ziebarth, James Appointment: Kramer, Lisa - Board Appointment: Schmailzl, J. - Accountability and Disclosure of Public Roads Classifications and Randy - Nebraska Educational Commission Standards Telecommunications Commission Appointment: Deiml, Keith - State Appointment: Gerrard, LeRoy - Board Emergency Response Commission of Public Roads Classifications and g Wednesday, March 2 Appointment: Plouzek, Kimberly - State Standards Emergency Response Commission Government, Military & Veterans Affairs Appointment: Tessman, Brian - State Room 1507 - 1:30 p.m. Personnel Board LB779 (Schumacher) Change Appointment: Toner, Edward A. - Chief provisions relating to the partisan Information Officer status of certain political subdivision Appointment: Peetz, Jeffery T. offices - Accountability and Disclosure LB871 (Murante) Provide for a Commission presidential preference primary election

PAGE 18 • UNICAMERAL UPDATE • 104TH LEGISLATURE February 22 - 25, 2016 Senator Contact Info

Sen. Roy Baker Sen. Al Davis Sen. Burke J. Harr Sen. Tyson Larson Sen. Ken Schilz Lincoln, District 30 Hyannis, District 43 Omaha, District 8 O’Neill, District 40 Ogallala, District 47 Room 1522 Room 1021 Room 2010 Room 1019 Room 1210 (402) 471-2620 (402) 471-2628 (402) 471-2722 (402) 471-2801 (402) 471-2616 [email protected] [email protected] [email protected] [email protected] [email protected] news.legislature.ne.gov/dist30 news.legislature.ne.gov/dist43 news.legislature.ne.gov/dist08 news.legislature.ne.gov/dist40 news.legislature.ne.gov/dist47

Sen. Dave Bloomfield Sen. Laura Ebke Sen. Robert Hilkemann Sen. Brett Lindstrom Sen. David Schnoor Hoskins, District 17 Crete, District 32 Omaha, District 4 Omaha, District 18 Scribner, District 15 Room 1206 Room 1101 Room 1115 Room 1202 Room 1118 (402) 471-2716 (402) 471-2711 (402) 471-2621 (402) 471-2618 (402) 471-2625 [email protected] [email protected] [email protected] [email protected] [email protected] news.legislature.ne.gov/dist17 news.legislature.ne.gov/dist32 news.legislature.ne.gov/dist04 news.legislature.ne.gov/dist18 news.legislature.ne.gov/dist15

Sen. Kate Bolz Sen. Nicole Fox Sen. Sara Howard Sen. John McCollister Sen. Paul Schumacher Lincoln, District 29 Omaha, District 7 Omaha, District 9 Omaha, District 20 Columbus, District 22 Room 1120 Room 1115 Room 1012 Room 1017 Room 1124 (402) 471-2734 (402) 471-2721 (402) 471-2723 (402) 471-2622 (402) 471-2715 [email protected] [email protected] [email protected] [email protected] [email protected] news.legislature.ne.gov/dist29 news.legislature.ne.gov/dist07 news.legislature.ne.gov/dist09 news.legislature.ne.gov/dist20 news.legislature.ne.gov/dist22

Sen. Lydia Brasch Sen. Curt Friesen Sen. Dan Hughes Sen. Beau McCoy Sen. Les Seiler Bancroft, District 16 Henderson, District 34 Venango, District 44 Omaha, District 39 Hastings, District 33 Room 1016 Room 1403 Room 1117 Room 2107 Room 1103 (402) 471-2728 (402) 471-2630 (402) 471-2805 (402) 471- 2885 (402) 471-2712 [email protected] [email protected] [email protected] [email protected] [email protected] news.legislature.ne.gov/dist16 news.legislature.ne.gov/dist34 news.legislature.ne.gov/dist44 news.legislature.ne.gov/dist39 news.legislature.ne.gov/dist33

Sen. Kathy Campbell Sen. Tommy Garrett Sen. Jerry Johnson Sen. Heath Mello Sen. Jim Smith Lincoln, District 25 Bellevue, District 3 Wahoo, District 23 Omaha, District 5 Papillion, District 14 Room 1402 Room 1208 Room 1022 Room 1004 Room 1110 (402) 471-2731 (402) 471-2627 (402) 471-2719 (402) 471-2710 (402) 471-2730 [email protected] [email protected] [email protected] [email protected] [email protected] news.legislature.ne.gov/dist25 news.legislature.ne.gov/dist03 news.legislature.ne.gov/dist23 news.legislature.ne.gov/dist05 news.legislature.ne.gov/dist14

Sen. Ernie Chambers Sen. Mike Gloor Sen. Bill Kintner Sen. Adam Morfeld Sen. John Stinner Omaha, District 11 Grand Island, District 35 Papillion, District 2 Lincoln, District 46 Gering, District 48 Room 1114 Room 1116 Room 1000 Room 1008 Room 1406 (402) 471-2612 (402) 471-2617 (402) 471-2613 (402) 471-2720 (402) 471-2802 news.legislature.ne.gov/dist11 [email protected] [email protected] [email protected] [email protected] news.legislature.ne.gov/dist35 news.legislature.ne.gov/dist02 news.legislature.ne.gov/dist46 news.legislature.ne.gov/dist48

Sen. Colby Coash Sen. Mike Groene Sen. Rick Kolowski Sen. John Murante Sen. Kate Sullivan Lincoln, District 27 North Platte, District 42 Omaha, District 31 Gretna, District 49 Cedar Rapids, District 41 Room 2028 Room 1101 Room 1018 Room 1423 Room 1107 (402) 471-2632 (402) 471-2729 (402) 471-2327 (402) 471-2725 (402) 471-2631 [email protected] [email protected] [email protected] [email protected] [email protected] news.legislature.ne.gov/dist27 news.legislature.ne.gov/dist42 news.legislature.ne.gov/dist31 news.legislature.ne.gov/dist49 news.legislature.ne.gov/dist41

Sen. Tanya Cook Sen. Ken Haar Sen. Mark Kolterman Sen. Patty Pansing Brooks Sen. Dan Watermeier Omaha, District 13 Malcolm, District 21 Seward, District 24 Lincoln, District 28 Syracuse, District 1 Room 2011 Room 1015 Room 2004 Room 1523 Room 2000 (402) 471-2727 (402) 471-2673 (402) 471-2756 (402) 471-2633 (402) 471-2733 [email protected] [email protected] [email protected] [email protected] [email protected] news.legislature.ne.gov/dist13 news.legislature.ne.gov/dist21 news.legislature.ne.gov/dist24 news.legislature.ne.gov/dist28 news.legislature.ne.gov/dist01

Sen. Joni Craighead Sen. Galen Hadley Sen. Bob Krist Sen. Merv Riepe Sen. Matt Williams Omaha, District 6 Kearney, District 37 Omaha, District 10 Ralston, District 12 Gothenburg, District 36 Room 1529 Room 2103 Room 2108 Room 1528 Room 2015 (402) 471-2714 (402) 471-2726 (402) 471-2718 (402) 471-2623 (402) 471-2642 [email protected] [email protected] [email protected] [email protected] [email protected] news.legislature.ne.gov/dist06 news.legislature.ne.gov/dist37 news.legislature.ne.gov/dist10 news.legislature.ne.gov/dist12 news.legislature.ne.gov/dist36

Sen. Sue Crawford Sen. Matt Hansen Sen. John Kuehn Sen. Jim Scheer Bellevue, District 45 Lincoln, District 26 Heartwell, District 38 Norfolk, District 19 Room 1212 Room 1404 Room 1117 Room 1401 (402) 471-2615 (402) 471-2610 (402) 471-2732 (402) 471-2929 [email protected] [email protected] [email protected] [email protected] news.legislature.ne.gov/dist45 news.legislature.ne.gov/dist26 news.legislature.ne.gov/dist38 news.legislature.ne.gov/dist19

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

Sen. Jerry Johnson speaks to students from his district who visited the Capitol Feb. 25.