VOL. XXXI, NO. 12 UNICAMERAL FOR THE WEEK OF MARCH 25 - MARCH 28, 2008

THE NEBRASKA LEGISLATURE’S WEEKLY PUBLICATION UPDATE Death penalty abolition bill stalls awmakers declined the difficult moral ques- all know it,” he said, adding “The death penalty in to advance a bill tions the death penalty that the only way for the the state of Nebraska is L March 25 that would raises. state to avoid the possibil- broken,” Lathrop said. abolish the death penalty in Omaha Sen. Brad Ash- ity of putting an innocent Several lawmakers said Nebraska. ford said lawmakers should person to death is to abol- that while they admired Introduced by Oma- be concerned about the ish the death penalty. Chambers’ tenacity in his ha Sen. Ernie Chambers, implications of an irrevers- “We don’t have to be long fight to abolish the LB1063 would have sub- ible punishment. A process in the business of killing death penalty, they could stituted a sentence of life managed by human beings, people,” Kruse said. not support his bill. without the possibility of however well-intentioned Omaha Sen. Steve Lath- Scottsbluff Sen. John parole. The penalty also they may be, is inevitably rop said Nebraska has ex- Harms said that for mur- would have included an subject to mistakes, he said ecuted one percent of the derers like Raymond Mata, order of mandatory resti- – mistakes that cannot be 253 death-eligible murder- who killed and dismem- tution. undone. ers prosecuted since 1973. bered a three-year-old A similar bill was de- “These cases are not iso- There is no other program Nebraska boy, life im- bated by the full Legislature lated,” Ashford said. in state government that prisonment is simply not in 2007, when it failed Sen. Lowen Kruse senators would support enough. by one vote to advance to agreed. if it delivered results only “How do we argue that select file. The Legisla- “The death penalty is one percent of the time, the death penalty is not ture passed a repeal of the applied unevenly and we he said. (continued on page 18) death penalty in 1979, but it was vetoed by then-Gov. NNebraska’sebraska’s HHiddenidden Charles Thone. In February 2008, the TTreasuresreasures IIII Nebraska Supreme Court ruled that electrocution, the state’s sole means of execution, is cruel and unusual punishment and therefore unconstitutional. Chambers said the state is left with the words “death penalty” in the law, but with no means to carry out the punishment. During their debate on LB1063, senators discussed the possibility of human er- IInternationalnternational QuiltQuilt StudyStudy CenterCenter andand Museum,Museum, LincolnLincoln ror, issues of effi ciency and See page 27 for more details INSIDE: Senators advance budget package • Gas tax advances • Super Advantage incentives ok’d WEEK OF MARCH 25 - MARCH 28, 2008 ISSUES UPFRONT

Budget

Budget receives fi nal approval

Lawmakers sent state budget ad- justments to Gov. Dave Heineman March 28 for his consideration. Cornett said the state should ad- LB959, the mainline budget bill, Business and Labor dress the needs of employees who are was passed on a 39-9 vote. Among traumatized by events like the recent the signifi cant increases included in Von Maur shootings in Omaha and Bill would change injury defi nitions the bill are: of first responders who encounter • $52.9 million for state aid to unusually traumatic crime and ac- Lawmakers discussed a bill March schools; cident scenes. 27 that would change the Nebraska • $20 million for the one-time Cornett described her own expe- Workers’ Compensation Act. replacement cost of the univer- rience as a police offi cer recovering Currently, under the act, mental sity and state college student human remains at the site of a train injuries are compensable only when information system; accident. She said there is a limit to tied to a compensable physical in- • $3.9 million for state employee what fi rst responders can be prepared jury. health insurance; for mentally and that mental injuries LB1082, introduced by Bellevue • $3 million for developmental can and do occur. Sen. Abbie Cornett, would provide disability provider rate increas- Some senators expressed concern for compensability of mental injuries es; and that the bill would make the state unaccompanied by a physical in- • $2.6 million for behavioral vulnerable to additional workers’ jury for employees health provider rate increases. compensation claims that would be who are witnesses Also included is a $14.5 million diffi cult to refute. or victims of vio- appropriation to the state Depart- LB1082 remains on general fi le. ment of Roads that Elk Creek Sen. lent criminal acts. Lavon Heidemann has said likely First responders will trigger a 1.2 cent per gallon gas also would be eli- tax increase. gible if the event Education The budget refl ects a 4.2 percent causing the men- Sen. Abbie Cornett spending growth rate for the current tal injury was un- fi scal year and a 3.7 percent rate for expected, unforeseen, extraordinary Learning community changes advanced FY2008-09. or unusual. Other bills in the budget package Adoption of a Cornett amend- Lawmakers advanced a bill March include LB960, which contains ap- ment 25-0 added out-of-hospital 26 that would make a number of propriations for salary and health emergency care providers to the bill’s changes to the state’s learning com- insurance costs, and LB961, which defi nition of fi rst responder. munity laws. makes various cash fund transfers. The bill would exclude recovery for LB1154, sponsored by Lincoln Both bills passed on 48-0 votes. mental injuries resulting from normal Sen. Ron Raikes, would: The governor must sign, veto or employer and employee relations, • expand the learning community line-item veto the budget within fi ve including personnel and disciplinary coordinating council to include calendar days, excluding Sunday. actions. nonvoting members;

PAGE 2 • UNICAMERAL UPDATE • 100TH LEGISLATURE WEEK OF MARCH 25 - MARCH 28, 2008 ISSUES UPFRONT

• establish an advisory committee The committee amendment, ad- Papillion Sen. Tim Gay brought an of affected school superinten- opted 25-0, would limit the continu- amendment that would have removed dents; ing student provisions for students the learning community common • designate the secretary of state enrolled in focus schools, focus pro- levy provisions. Because properties to assist the initial learning com- grams and magnet schools. are assessed differently, he said, the munity coordinating council in Under the amendment, learning common levy is unfair. getting started; community state funding could be Gretna Sen. Gail Kopplin agreed • allow school district boundar- used for up to six social workers in the that the common levy was diffi cult for ies to be modifi ed prior to the elementary learning centers. Learn- people in his district to accept. establishment of the learning ing community member districts also “It’s tough to explain that people community; would be required who spend among the least and are • modify the distribution of the to report truancy taxed among the most still will lose common levy to refl ect the previ- information to the money because of the common levy,” ous resources for the fi rst three coordinating coun- he said. years; cil. The amendment failed 11-19. • narrow the potential uses for The amendment Kopplin introduced, and later the learning community capital also includes pro- withdrew, an amendment that would levy; visions from other Sen. Ron Raikes have delayed implementation of the • allow a school district to exceed bills, including sev- bill’s transportation program for one its applicable allowable growth eral introduced by Raikes: year. rate for expenditures to pay for • LB605, which would limit prop- Raikes said the amendment was the transfer of land from another erty tax authority for single-dis- unnecessary because the bill already school district; trict educational service units provided delayed implementation. • streamline provisions regarding (ESUs); LB1154 advanced to select file diversity plans and educational • LB1081, which would allow 26-0. options within the learning com- ESUs additional budget author- munity; ity; • modify the qualifi cations to be- • LB1021, which would allow an Student assessment revisions advanced come a learning community; additional option for some option • redefi ne focus programs, focus enrollment students; and A bill that would amend law relat- schools, magnet schools and • LB1083, which specifies that ing to Nebraska’s system of student pathways; learning communities would learning assessment cleared second- • eliminate a requirement for a share in the ESU core services round debate March 28. learning community coordinat- and technology infrastructure LB1157 originally was introduced ing council to pay for mediation funds. by Lincoln Sen. Ron Raikes. As services; and The committee amendment also amended, the bill would make several • require that free transportation contains provisions from LB1005, changes to the state’s existing student be provided to a student con- a bill brought by Omaha Sen. Gwen assessment law. tributing to the socioeconomic Howard that would add a sibling A technical advisory committee of diversity of enrollment who is preference to the open enrollment nationally recognized assessment ex- attending another school in the provisions. perts would be appointed by the gov- learning community only if the Lastly, provisions from LB1158, a ernor to advise him, the Legislature, student lives more than one mile bill brought by Omaha Sen. Brad Ash- the State Board of Education and the from the school to which he or ford, are contained in the commit- state Department of Education on the she transfers. tee amendment. These would allow development of statewide assessment Raikes said the purpose of the bill businesses partnering with learning instruments and a statewide assess- was to address concerns raised about communities or school districts to ment plan. the learning community law since its qualify for an additional $5,000 in The plan for the statewide as- passage last session. job training grants per job created. sessment and reporting system

100TH LEGISLATURE • UNICAMERAL UPDATE • PAGE 3 WEEK OF MARCH 25 - MARCH 28, 2008 ISSUES UPFRONT would be reported to the governor, districts to administer assessments or the percentage of students learning the chairperson of the Legislature’s assessment instruments other than as English as a second language. Education Committee, the Clerk of prescribed by law. Sen. Russ Karpisek of Wilber said the Legislature and the state Depart- A recent performance audit found the option enrollment provisions ment of Education. The state board that the department did not meet the would encourage the perception of would select grade levels for assess- statutory requirement that they select the test scores as a “ranking sys- ment and reporting according to the four model assessments in each area. tem.” assessment instruments. Instead, school districts had adopted “Do we think parents aren’t going Annual statewide assessments individual models of their own. to send their kids to the next district would be required for: Raikes has said the bill was a need- if it ranks higher?” he asked. “We’re • reading beginning in the 2009- ed change that would allow teachers going to send our kids here, there 10 school year, with assessment to spend less time on developing local and everywhere, chasing the good instruments in grades 3-8 and assessments and more time teaching grades. What’s that going to do to one high school grade; students. the schools?” • mathematics beginning in the Lincoln Sen. Bill Avery added that Omaha Sen. Ernie Chambers 2010-11 school year, with as- Nebraska is the only state that contin- said the main reason for opposi- sessment instruments in grades ues to use local assessments. tion to the bill is fear. He said the 3-8 and one high school grade; Fullerton Sen. Annette Dubas level of concern about the bill from and proposed an amendment that would teachers shows they have a “lack of • science beginning in the 2011-12 have allowed the State Board of Edu- confi dence.” school year, with assessment cation to determine the number of “Teachers fear that they’re the instruments in at least one tests conducted under the bill. She ones who are going to be evaluated,” elementary grade, one middle said the seven tests required in the he said. school or junior high grade and bill may be too much. The amendment failed 14-29. one high school grade. “I do know that testing is a critical Ewing Sen. Cap Dierks introduced, A statewide assessment for writing component of teaching,” she said. and later withdrew, a motion to in- already exists. “We have to have accountability … defi nitely postpone the bill. References to locally adopted stan- But it’s taking time out of classroom Imperial Sen. Mark Christensen dards, local assessment instruments work and time away from teachers proposed an amendment, adopted and generic grade levels would be to teach.” 36-0, requiring the state board to eliminated from the law. An existing Raikes said it wouldn’t be wise to appoint committees of teachers requirement that the department change these provisions of the bill, from each appropriate subject area adopt rules regarding the develop- as they refl ect federal requirements and administrators to assist in the ment of local standards also would necessary to receive federal educa- development of statewide assessment be stricken. tion funding. instruments required by the act. A reference to assessment portfo- Further, the state board has forced Dubas brought another amend- lios would be eliminated and school the Legislature to provide such spe- ment, which failed 11-17, that would districts would be required to report cifi c requirements, he said, because have authorized the State Board of individual student data for scores and they have neglected to implement Education, rather than the governor, sub-scores on national assessment previous policy. to create an advisory board and would instruments according to procedures Gretna Sen. Gail Kopplin said the have added a teacher as a member of established by the state board and the portfolio review option removed by the board. department. the bill would have demonstrated Raikes said the Christensen The state board would be allowed individual student progress better amendment already gives teachers to select additional grade levels and than testing. considerable opportunity for input. additional subject areas for statewide The tests, he said, will provide Karpisek made another motion to assessment to comply with federal only a score that people can use to indefi nitely postpone the bill, which requirements. The state board would compare schools and will not take failed 11-31. be prohibited from requiring school into account other factors such as LB1157 advanced to fi nal reading 31-13.

PAGE 4 • UNICAMERAL UPDATE • 100TH LEGISLATURE WEEK OF MARCH 25 - MARCH 28, 2008 ISSUES UPFRONT

transactions. General Affairs Government, Military and As amended, the bill would allow automated medication systems to Veterans Affairs be used in a licensed pharmacy only Bill would revise gamblers assistance when a pharmacist dispenses medica- program tion to patients for self-administra- Public audit bill passed tion pursuant to a prescription. The Legislature gave fi rst-round In hospitals, an automated medi- approval to a bill March 26 that would Senators gave final legislative cation machine could be operated change the relationship between approval to a bill March 25 that up- only for medication administered by the State Advisory Committee on dates standards for both legislative a licensed health care professional Problem Gambling and Addiction performance and public accounting pursuant to a chart order. The bill Services and the HHS Behavioral audits. would prohibit use of the systems in Health Division. LB822, introduced by the Legisla- long-term care facilities. According to its sponsor, Sen. tive Performance Audit Committee, Stuthman said health profession- Vickie McDonald of St. Paul, LB1058 allows the legislative auditor to re- als have found automated systems is an attempt to restore the advisory quest a performance audit and makes to be a safer and healthier means of committee to its more active original other technical changes to the public handling medications. role in Nebraska’s problem gambling auditing statutes. The bill was advanced to select program. Lawmakers approved the bill on fi le 30-0. As amended, the bill would change a 49-0 vote. the committee’s name to the State Certifi cate of need bill amended, advanced Committee on Problem Gam- Health and Human Services The Legislature gave second-round bling and would approval March 28 to a bill that would require the com- clarify provisions relating to certifi - mittee to develop Bill allowing automated medication cates of need for rehabilitation and and recommend systems advanced Sen. Vickie McDonald long-term care beds in Nebraska. guidelines and Papillion Sen. Tim Gay said he standards for the Compulsive Gam- Lawmakers gave fi rst-round ap- introduced LB765 to clarify dif- blers Assistance Fund. proval March 27 to a bill that would fering interpretations of current The bill also would require the allow the use of automated medica- law regulating Ne- behavioral health division to adopt tion systems under limited circum- braska health care program guidelines and standards stances. facilities’ ability to based on the committee’s recom- Introduced by Platte Center Sen. add patient beds mendations. Arnie Stuthman, LB308 would in these two cat- LB1058 advanced to select fi le on adopt the Automated Medication Sys- egories. a 30-0 vote. tems Act. Stuthman said automated Current law medication sys- stipulates that a Sen. Tim Gay tems can include certifi cate of need machines used by is required before a health care facil- pharmacists to au- ity can increase long-term care or tomatically count rehabilitation beds by more than 10 dosages and bottle percent of total bed capacity or ten and label drugs, beds, whichever is less, over a two- or systems that year period. Sen. Arnie Stuthman store medications Gay explained that since the while collecting passage of the 1997 law regulating and maintaining information on certifi cates of need for these two cat-

100TH LEGISLATURE • UNICAMERAL UPDATE • PAGE 5 WEEK OF MARCH 25 - MARCH 28, 2008 ISSUES UPFRONT egories of beds, the state Department Health and Human Services cleanup bill maintain the preferred drug list and of Health and Human Services has approved to establish a pharmaceutical and interpreted the law to apply to the therapeutics committee to advise the total long-term care bed capacity or Senators gave fi nal approval to a department on all matters relating to the total rehabilitation bed capacity, bill March 25 containing changes to the list. not the total bed capacity of the entire several health and human services in Lathrop said a preferred drug list facility. In a 2006 lawsuit, however, Nebraska. is a cost-cutting tool used by insur- the court interpreted the stipulation LB797, introduced by the Health ance companies. The proposed com- to mean the facility’s total bed capac- and Human Services Committee, re- mittee would determine the best drug ity, Gay said. instates provisions requiring HHS to on the market to treat a given condi- An amendment offered by Bayard establish an administrative disquali- tion, he said, and this medication Sen. Philip Erdman would add an ex- fi cation process for Aid to Dependent would become the preferred drug. ception to the rehabilitation bed cer- Children and child care subsidy If there is no therapeutic advantage tifi cate of need moratorium. Under programs. to any one medication, then other the exception, a certifi cate of need for The bill also provides an electronic considerations such as the cost of the up to three beds could be granted if option for submitting mobile home drug would be examined, he said. the average occupancy for all rehabili- park license applications, allows for Exempted from the list are antide- tation beds within a health planning the imposition of civil penalties of up pressant, antipsychotic and anticon- region exceeds 80 percent during the to $2,000 per day for mobile home vulsant prescription drugs. Lathrop three consecutive calendar quarters park code violations and increases said use of these classes of drugs is prior to the exception application and various fees paid by mobile home more nuanced and requires more no comparable services are available manufacturers. fl exibility. He acknowledged that the in the health planning region. In addition, LB797 clarifi es lan- state would potentially save more Erdman said that while the current guage regarding breast and cervical money by including these drugs, standard works well in urban areas, cancer provisions and reinstates but said that quality care is more greater fl exibility is needed in rural language requiring that a critical important. health regions. access hospital be located in rural The bill also would require Ne- The amendment was adopted Nebraska. braska to enter into a multi-state 27-1. LB797 passed on a 49-0 vote. purchasing pool. Lathrop said the Malcolm Sen. Carol Hudkins pool would give the state bargaining moved to indefinitely postpone power to negotiate for additional LB765 due to ongoing litigation. She Prescription drug bill advances savings. said the Nebraska Supreme Court is The bill’s provisions could save scheduled to hear a case with direct Lawmakers advanced a bill March Nebraska up to $4 million annually bearing on the proposed legislation. 26 intended to lower the cost of pro- on prescriptions for Medicaid recipi- “This litigation will resolve the viding Medicaid prescription drugs ents, he said. questions that LB765 presents,” Hud- in Nebraska. But Bayard Sen. Philip Erdman kins said. “We should not interfere Sponsored by Omaha Sen. Steve said the impact of the exemption for with that process.” Lathrop, LB830 would establish antidepressant, antipsychotic and But Kearney Sen. Joel Johnson a preferred drug list for the state’s anticonvulsant drugs on the fiscal said the Legislature should not wait Medicaid pro- equation remains unknown. for others to decide the issue. gram. As amend- “One thing we still don’t have is “We make the policy, not the ed by a committee the fi scal impact of this bill,” Erd- courts,” he said. amendment, the man said. After rejecting the Hudkins mo- bill would require Lathrop said a revised fi scal state- tion 4-26, senators advanced the bill the state Depart- ment would be available before the to fi nal reading by voice vote. ment of Health next round of debate. and Human Ser- LB830 advanced to select fi le on vices to create and Sen. Steve Lathrop a 38-0 vote.

PAGE 6 • UNICAMERAL UPDATE • 100TH LEGISLATURE WEEK OF MARCH 25 - MARCH 28, 2008 ISSUES UPFRONT

Veterinary drug distribution provision more than 70 percent of the funds advanced Judiciary available for distribution on an an- nual basis. Up to 3 percent of the A measure that would create money in the fund is available to the Stem cell compromise bill passed the Veterinary Drug Distribution Department of Health and Human Licensing Act was given fi rst-round Services Division of Public Health to Lawmakers passed a bill contain- approval March 26. cover administrative costs. ing a compromise to a long-standing LB1022, introduced by North The bill also creates a six-mem- stem cell research debate March 25. Platte Sen. Tom Hansen, would ber Stem Cell Research Advisory LB606, originally introduced by regulate the sale or distribution of Committee, comprised of the deans Omaha Sen. Brad Ashford to deal veterinary legend drugs in Nebraska of both Creighton University Medi- with court and mediation issues, was by anyone other than a pharmacist cal Center and the University of amended earlier this session by the or veterinarian. Nebraska Medical Center and four Judiciary Committee to instead ad- A veterinary leg- scientists from outside Nebraska dress stem cell research. end drug is one who are conducting human stem Sen. Steve Lathrop of Omaha has required to bear cell research with funding from the said the bill balances the interests of a label indicat- National Institute of Health. those who support stem cell research’s ing that federal The selection of these four sci- potential to develop life-saving cures law restricts the entists will be initiated by three with those of others who believe that drug to use by, or nominations from both deans on the Sen. Tom Hansen an embryo is a human being that on the order of, a committee. Nebraska’s chief medical should not be destroyed. licensed veterinarian. offi cer will select and appoint two The bill implements the Stem Cell The bill would create a new class from each set of nominees, which Research Act, which states that no of license exclusive to those who will be submitted to the Legislature state facilities or handle only veterinary legend drugs. for approval. state money shall A $50 base fee and additional fees The committee will administer a be used to destroy up to $500 would be charged for grant process to fund nonembryonic human embryos the license. Oversight, licensure and stem cell research projects and report for the purpose inspection would be performed by annually to the Legislature on the of research. The the state Department of Health and grant process and the projects being bill also prohibits Human Services. funded. After three years, the com- the use of state Hansen has said that regulat- Sen. Brad Ashford mittee will report on the progress of facilities or state ing veterinary legend drugs would the funded projects. money to create a human embryo by provide the state with laws regard- LB606 passed on a 48-0 vote. ing food animal health that are as somatic cell nuclear transfer. stringent as those regulating human On the other hand, the bill creates the Stem Cell Research Cash Fund to health. First DUI offense would require ignition support researchers or institutions “This is an attempt to keep our interlock device food safety in top-notch condition in conducting stem cell research in Ne- braska. Funds will be distributed on Nebraska,” Hansen said. Lawmakers advanced a bill March a dollar-for-dollar matching basis up After adopting a technical commit- 26 that would add new penalties for to $500,000 per fi scal year. tee amendment, senators voted 37-0 drunken driving. These funds will come from the to advance LB1022 to select fi le. LB736, introduced by Lincoln settlement payments received by the Sen. Tony Fulton, would require the state from tobacco-related litigation installation of an ignition interlock for the next three years. State funds device upon conviction for driving will match money received by the under the influence of alcohol for researchers or institutions from other either a fi rst or second offense. sources. A first offense of driving under No one institution can receive

100TH LEGISLATURE • UNICAMERAL UPDATE • PAGE 7 WEEK OF MARCH 25 - MARCH 28, 2008 ISSUES UPFRONT the infl uence (DUI) would result in responsible for the costs; and Under the bill, businesses must re- a 60-day license revocation or im- • the bill would take effect January cord: poundment, followed by required 1, 2009. • the seller’s name, address and installation and use of an ignition in- The committee amendment also ID; terlock device for 120 days. The driver would create an Ignition Interlock • a photo and description of the also would be required to obtain a Fund under the authority of the Offi ce metal being purchased; restricted license to allow for driving of Probation Administration to help • fi ngerprints of sellers of copper with an interlock device. the indigent with installation of igni- and catalytic converters; A second DUI offense, or the fi rst tion interlock devices on vehicles. • the payment amount; offense of driving with a blood alcohol Fulton said Nebraska saw 86 • the name, signature and address level of more than deaths in 2006 caused by drunken of the vendor; and .15, would bring a driving and one-third of the people • the transaction date and time. penalty of a 120- arrested for drunk driving were re- Businesses failing to com- day license revoca- peat offenders. ply with these provisions will be tion or impound- “Because so many continue to guilty of a Class II misdemeanor. ment followed by drive, license revocation is not a suf- Recycled items ex- an ignition inter- fi cient remedy,” Fulton said. empted from the lock device and Equating the devices to “electronic bill include food license restriction Sen. Tony Fulton parole offi cers,” he said similar bills and beverage cans, for 245 days. in other states have resulted in a 60 items collected Current law allows, but does not percent reduction in recidivism. through commu- require, the installation of an igni- The bill is largely paid by offend- nity recycling pro- tion interlock device upon the third ers, Fulton explained, who will be grams and items conviction. responsible for the installation and collected from Sen. Abbie Cornett LB736 would require individuals lease of the devices, which he said businesses that to pay all expenses for installing the average $75. generate or sell scrap metals in the device unless they are deemed indi- Holdrege Sen. Tom Carlson sup- ordinary course of business. gent, in which case the device would ported the bill, citing a statistic that Senators voted 29-6 to return the be provided free of charge. fi rst-time DUI offenders have driven bill to select fi le for consideration of A committee amendment, adopted drunk an average of 87 times by the an amendment by Platte Center Sen. 32-0, specifi es the following provi- time of their fi rst arrest. Arnie Stuthman. His amendment, sions: “We spend $116 billion in the U.S. adopted 27-9, removed the provision • the fee for an interlock permit on drinking and driving accidents,” requiring businesses to mail payment would be $45, with $40 going to he said. for recycled metals. the state’s general fund and $5 The bill advanced to select file The postage for copper payments to the state Department of Motor 34-0. alone could be a prohibitive cost for Vehicles; some businesses, he said. • a driver convicted of DUI would Senators readvanced the bill to be required to obtain an ignition Scrap metal regulation bill passed fi nal reading by voice vote. interlock permit and have an ig- nition interlock device installed Senators amended and advanced in any motor vehicle the driver a bill March 25 aimed at preventing Gun bill fails to advance operates; recyclable metals theft. • drivers with an ignition interlock LB766, introduced by Bellevue Lawmakers voted not to advance would be allowed to drive only to Sen. Abbie Cornett, establishes a bill March 28 pertaining to fi re- work, school, alcohol treatment regulations for the recycling in- arms. or an interlock facility; dustry and requires businesses to As amended, LB958, sponsored • a driver ordered to have an igni- record information that identi- by Omaha Sen. Brad Ashford, in- tion interlock permit would be fies sellers of recyclable metals. cluded provisions that would have:

PAGE 8 • UNICAMERAL UPDATE • 100TH LEGISLATURE WEEK OF MARCH 25 - MARCH 28, 2008 ISSUES UPFRONT

• required the Nebraska Com- An amendment, proposed by and amount of cruelty that would mission on Law Enforcement Bellevue Sen. Abbie Cornett, added result in a violation of this law would and Criminal Justice to examine provisions of LB769 to the bill. These be severe and uncommon, so respon- fi rearm-related violence in Ne- provisions would amend animal sible animal owners need not worry. braska and issue a report to the abuse laws that prohibit dog fi ght- “People in this state know how to Legislature by Jan. 1, 2009; ing, cockfighting and bearbaiting take care of their animals,” she said. • required the Nebraska State to provide defi nitions for the terms Lawmakers adopted the amend- Patrol to implement a telephone “mutilation,” “repeated beating” and ment 28-2 and advanced LB1055 by hotline for individuals to report “torture.” voice vote. the loss or theft of a fi rearm; LB 769 also would prohibit indi- • ended the viduals convicted of a Class IV felony permit to under these statutes from owning, purchase possessing or residing with an animal Natural Resources system for for at least 15 years. A person found the sale of in violation of this section would be handguns guilty of a Class I misdemeanor. Bonding bill would fund Missouri River and instead A person convicted of a Class I or watershed enhancement fully imple- Sen. Brad Ashford Class III misdemeanor under this mented the act would be prohibited from own- Senators debated a bill March 26 national instant criminal back- ing, possessing that would give bonding authority ground check system; and or residing with to fund water management projects • prevented individuals from being an animal for at in the Papio-Missouri River Natural able to obtain a gun permit if they least fi ve years. A Resources District. have been found to be mentally ill person found in LB880, introduced by Gretna and dangerous during the previ- violation of this Sen. Gail Kopplin, would allow the ous 10 years or are judged to be section would be NRD to issue watershed enhance- mentally incompetent. guilty of a Class IV Sen. Vickie McDonald ment bonds payable with proceeds LB958 fell fi ve votes short of ad- misdemeanor. from the district’s tax levy. The bond vancing from select fi le on a vote of Valentine Sen. Deb Fischer and levy amount could not exceed the 20-20. Ellsworth Sen. LeRoy Louden shared district’s current tax levy authority concerns about possible unintended of 4.5 cents per hundred dollars of consequences for the farming and taxable property valuation. Bill would change dangerous dog provisions ranching industry. According to Ellsworth Sen. LeRoy Fischer said some ranchers do Louden, the bonding authority was Lawmakers advanced a bill March their own branding and castration of requested by the 28 that would change laws related to cattle and administer animal shots NRD in conjunc- dangerous dogs and dogs running themselves, she said. tion with the Papil- at large. Louden wondered if the new re- lion Creek Water- LB1055, introduced by St. Paul strictions would be too severe. Lim- shed Partnership. Sen. Vickie McDonald, would make it iting people’s contact with animals The partnership unlawful for any dog to run at large. for 15 years could put people out of is comprised of 11 The fines would be increased and the farming and ranching business, local jurisdictions, Sen. Gail Kopplin counties, cities and villages could he said. including Douglas enact additional penalties for dog Cornett replied that the bill would and Sarpy counties and the cities of: owners with more than three viola- allow practices conducted by others Bellevue, Bennington, Boys Town, tions. which are consistent with veterinary Elkhorn, Gretna, La Vista, Omaha, An amendment was adopted 27-0 standards and has the support of the Papillion and Ralston. The partner- that would redefi ne the terms “dan- Nebraska Cattlemen. ship was created in 2001 as a result gerous dog” and “unprovoked.” She also explained that the type of U.S. Environmental Protection

100TH LEGISLATURE • UNICAMERAL UPDATE • PAGE 9 WEEK OF MARCH 25 - MARCH 28, 2008 ISSUES UPFRONT

Agency mandates that local jurisdic- opposed the bonding authority and toys made in China,” Preister said. tions implement water quality man- suggested that less costly methods Under the bill, manufacturers agement plans. of watershed management should be must be registered with the state The bill specifi es that bond funds used instead. Department of Environmental Qual- must be used for design, land acqui- “A dry dam is the only true fl ood ity by April 15, 2009. Registration sition and construction of projects control,” he said. fees ranging from $1,000 to $7,500 that address stream pollution and The bill remains on general fi le. would be assessed based on the num- fl ooding. ber of units sold in addition to a $2 A pending Natural Resources fee for each electronic device sold in Committee amendment would pro- E-waste recycling bill advances Nebraska in the previous year. hibit the use of eminent domain to The fees are estimated to generate acquire property that could later be Senators gave fi rst-round approval $350,000 to $600,000 annually and transferred to a private entity. The March 25 to a measure aimed at re- could be used only to fund recycling amendment also would place size ducing landfi ll disposal of household programs under the act. limitations on reservoir projects electronic devices. Preister said manufacturers who funded through bond proceeds. The LB986, introduced by Bellevue sell fewer than 500 units annually in reservoir restriction is stated as not Sen. Don Preister, would create the Nebraska would be exempt. greater than 500 surface acres in a Electronics Recycling Act, which A Natural Resources Committee permanent pool. It also requires any outlines a statewide recycling initia- amendment, adopted 26-0, replaced project that has a permanent pool tive for consumer-owned televisions, similar provisions in the bill and greater than 20 surface acres to pro- personal computers and video display added provisions for the waiver of vide for public access. devices. recycling fees. Beginning Jan. 31, Elkhorn Sen. Dwite Pedersen, who The bill would establish require- 2010, the fee may be waived by half opposed the bill, introduced and later ments for manufacturers and retailers, if a manufacturer has certifi ed that withdrew an amendment that would as well as funding for electronics re- it has recycled half the number of have reduced the district’s taxing cycling programs. electronic devices sold in Nebraska authority to 3.5 cents per hundred Manufacturer fees the previous year. dollars of property valuation. would be collected Senators advanced the bill to select Pedersen criticized the district and by the state De- fi le 26-0. said it has not been a good steward partment of Envi- of public funds. Granting bonding ronmental Quality authority would be premature at and administered Game and Parks Commission amended, this time because the district has as grants to cover advanced not completed its plan for watershed costs associated Sen. Don Preister management, he added. with the transportation and recycling Senators gave second-round ap- “This bill gives the Papio NRD a of electronics waste. proval March 28 to a bill that would blank check and they don’t know what According to Preister, Nebraska amend the terms and qualifi cations of they’re going to spend it on,” Peder- is one of 23 states currently engaged game and parks commissioners. sen said. “Should we give authority to in efforts to address the disposal of Current law establishes a commis- tax people for ‘just in case?’” electronics waste, which contains sion of eight members and requires Bellevue Sen. Don Preister also op- hazardous chemicals and heavy met- that no more than four have the posed the bill. He said the partnership als. Preister said the federal govern- same political affi liation. Each com- and the NRD already have the tools ment reports that nearly 40 percent missioner represents a designated they need to address water quality of heavy metals in landfills comes district and serves a single fi ve-year and quantity issues. from e-waste and as much as 80 term. At least two commissioners “They have zoning authority and percent of U.S. e-waste is exported must work in agriculture and live on they can condemn and claim prop- to Africa and China. a farm or ranch. erty,” Preister said. “A link has been found between As amended, LB1049, introduced Cortland Sen. Norm Wallman e-waste in the U.S. and lead found in by Bayard Sen. Philip Erdman,

PAGE 10 • UNICAMERAL UPDATE • 100TH LEGISLATURE WEEK OF MARCH 25 - MARCH 28, 2008 ISSUES UPFRONT would: • is on property owned by the Bellevue Sen. Don Preister op- • increase membership to nine by customer; posed the bill, calling it redundant adding one at-large member; • operates in parallel with the dis- and a step backward from current • retain the requirement that three tribution system; federal standards that allow utilities members be engaged in agricul- • is intended to offset all or a por- to establish contracts with customer tural pursuits, but remove the tion of the energy consumed on generators. requirement that those mem- site and not for another location; “The rural electrics already have bers reside and authority to do everything contained on a farm or • meets safety and reliability stan- in this bill,” Preister said. ranch; dards. “In fact, the maximum allow- • require that For systems that generate more able 10 kilowatts limits the current political affi li- than 10 kilowatts, the bill would allow standards.” ation be based a utility to recover certain costs from Preister opposed provisions in the on a member’s the customer and would provide for bill that would require customers to voter registra- compensation to customer genera- obtain additional insurance and al- tion as of the Sen. Philip Erdman tors producing energy that exceeds low additional charges to customer statewide general election prior their needs. generators producing more than 10 to his or her appointment; For systems generating 10 or fewer kilowatts. He said the 10-kilowatt • extend the terms of members kilowatts, the bill would require net restriction would be insuffi cient for serving districts 4, 6 and 8 to al- metering. Net metering is an agree- most farm operations. low future multiple appointments ment between a customer generator “My concern is for farmers who to be made at one time; and and a local utility in which the cus- want to build renewable energy gen- • limit membership to two full tomer generator is billed for payment erators,” Preister said. “This is an in- terms. based on the difference between the dustry bill and it creates more hurdles Erdman said the changes would amount of electricity supplied by the for the farmer and rancher.” ensure the commission’s account- utility and the amount of electricity Preister introduced two amend- ability and conformity with other generated by the customer genera- ments, one that would increase to non-code agencies and provide for tor. 65 the maximum kilowatts allowed fl exibility in appointments. Under the bill, facility charges for net metering, and one that would LB1049 advanced to fi nal reading and meter equipment costs would require a written explanation if the by a 32-1 vote. be waived for net metering facilities. governing board denies a request for Also, fi xed costs of the distribution net metering above 10 kilowatts. system would be shifted to other A pending committee amendment Net metering bill bracketed customers on the would require annual reporting to the distribution sys- Nebraska Power Review Board on: Senators gave unanimous consent tem and not be • the number of net metering sys- March 26 to bracket a bill aimed at charged to net tems within the local distribution facilitating investment in customer- metering facilities. utility; owned renewable energy genera- Energy would be • the rated kilowatt-hour capacity tors. exchanged at a 1:1 of each system; LB1065, introduced by Ellsworth ratio and excess • the location of each qualified Sen. LeRoy Louden, would provide generation would Sen. LeRoy Louden generation unit; and a process for the interconnection of be compensated monthly as a credit • the type of energy source used by qualifi ed renewable energy genera- against the cost of electricity provided the generator. tors by local utility customers. The by the local distribution utility. Louden bracketed the bill until bill would require local utilities to Ellsworth Sen. LeRoy Louden April 5 before any votes were taken. interconnect qualifi ed solar, wind, called the bill a “fi rst step” toward biomass and hydropower generators establishing standards for net meter- if a unit: ing in Nebraska.

100TH LEGISLATURE • UNICAMERAL UPDATE • PAGE 11 WEEK OF MARCH 25 - MARCH 28, 2008 ISSUES UPFRONT

Revenue cleanup bill advanced • LB1134, introduced by Schuyler Revenue Sen. Chris Langemeier, which Lawmakers advanced a Revenue would expand the sales tax ex- Committee cleanup bill to select fi le Corporate income tax rate adjustment emption for livestock to include March 26. advanced game birds. LB916, introduced by the com- Lawmakers adopted two amend- mittee, would amend several sections Senators gave fi rst-round approval ments to the bill before advancing it of the sales tax statutes to enact and March 25 to a bill that would adjust 33-0 to select fi le. clarify defi nitions and otherwise as- corporate income tax rates. The fi rst, a technical amendment sist the Department of Revenue in Current law taxes corporations on introduced by Janssen regarding the enforcing the sales tax statutes. the fi rst $50,000 of taxable income taxing of digital audio works, was The bill also would provide for at a rate of 150.8 percent of the pri- adopted 33-0. enforcement of sales tax through a mary individual income tax rate. For The second, introduced by Bel- responsible offi cer or employee and taxable income in excess of $50,000 levue Sen. Abbie Cornett, amends the allow the taxpayer and tax com- the rate is currently 211 percent of the bill’s provisions on taxing installation missioner to waive the deadline for primary individual income tax rate. service charges. The amendment was resolving disputes by agreement. LB888, sponsored by Kenesaw adopted 29-0. Nickerson Sen. Ray Janssen spe- Sen. Carroll Burling, would change cifically addressed the provisions corporate income tax calculations in regarding the sales tax on digital au- Nebraska. Revenue bill amended, advanced dio works, digital audiovisual works, As amended 33-0 by a Revenue digital codes and digital books. Committee amendment, the bill A bill that would amend a number He said the bill would not impose would apply the of property tax statutes cleared fi rst- a new tax, but only reinforces a sales 150.8 percent cor- round debate March 26. tax on electronic products that has porate income tax LB965, introduced by the Rev- existed since 1992. Out-of-state cus- rate to the first enue Committee, would: tomers downloading digital works $100,000 of tax- • eliminate the requirement that have not been paying Nebraska sales able income. Cor- forms reporting the sales price tax, nor has the state tried to enforce porate income in of real property be produced the collection of it, he said. excess of $100,000 in quadruplicate, allowing for Sen. Carroll Burling “In order to collect our tax on these would continue to electronic forms that could be products, Nebraska must adopt uni- be taxed at the current rate. sent to different offi ces without form defi nitions,” Janssen said. Corporate tax brackets need to be being produced in multiple paper A committee amendment, adopted updated to refl ect the effects of infl a- copies; 28-0, makes technical changes to tion, Burling said. • clarify the personal property tax LB916 and adds the provisions of: Burling also said the bill offers statutes and refund procedures; • LB1137, introduced by Bellevue the type of incentive needed to help • provide a uniform three-year Sen. Don Preister, which would small businesses that are essential to statute of limitations on personal clarify the sales tax exemption Nebraska’s economy. Many corpora- property tax return corrections; for community-based energy tions are too small to qualify for other • move up from Aug. 10 to Aug. development projects enacted incentives offered by the state such as 1 the date on which personal last year; the Advantage program, he said. property that is exempt from • LB1126, introduced by Omaha Omaha Sen. Scott Lautenbaugh taxation under two tax incentive Sen. Tom White, which would agreed, saying the measure would be acts is certifi ed to counties and provide a sales tax exemption a signifi cant economic stimulus for the taxpayer; and for copies of medical records small corporations and is necessary • repeal a statute that requires obtained by patients and both to bring Nebraska in line with sur- the county assessor to report originals and copies of deposi- rounding states. tax-exempt government-owned tions and court documents; and The bill was advanced to select fi le property to the state every four on a 27-0 vote. PAGE 12 • UNICAMERAL UPDATE • 100TH LEGISLATURE WEEK OF MARCH 25 - MARCH 28, 2008 ISSUES UPFRONT

years. toward their past due taxes because that drivers slow down and exercise Nickerson Sen. Ray Janssen said the counties will allow only payments caution. the bill would enhance the admin- in full. Under the bill, a first offense istration and enforcement of the “We need to balance our concern would be an infraction. Second property tax by the Department of for convenience for counties with and subsequent Revenue. concern for helping taxpayers,” he offenses would be The committee amendment, in said. “It seems we think citizens Class IIIA misde- addition to making technical changes, are there for the convenience of the meanors, which adds provisions of LB964 which courthouse rather than the other way carry a $500 fi ne would: around.” and up to seven • provide that if a greenbelt ap- Sen. Arnie Stuthman of Platte days in jail. plicant fails to protest the de- Center raised questions about the Howard said nial of special value because of processing of back payments once some people think Sen. Gwen Howard a failure to receive notice, the the tax due has been sold as a sales allowing more room to those on Nebraska Tax Equalization and tax certifi cate. These payments would the side of the road is just common Review Commission (TERC) may fi rst go to the county, he said, and the sense. consider the protest and may bill should provide a process to en- “It can only be common sense determine special value for that sure that the company that purchased if everybody knows it,” she said. “I year or, for 2009 or earlier, the the certifi cate is credited when these don’t believe that drivers are inten- recapture value; payments are made. tionally inconsiderate, they are just • allow the offi cial record for an ap- Raikes withdrew his amendment not aware.” peal for an equalization order to and said he would further research A committee amendment is pend- be limited to the material dealing the process before select fi le debate. ing that would remove a provision with the appealing county; and LB965 was advanced to select fi le requiring the state Department of • exclude the TERC and its em- 32-0. Roads to post signs along Nebraska ployees from the personnel code highways notifying drivers of the except for vacation, sick leave new law. and retirement. Transportation and Valentine Sen. Deb Fischer said The committee amendment was drivers’ education and license test- adopted 28-0. Telecommunications ing would be a better way to inform Lincoln Sen. Ron Raikes proposed drivers of the law. an amendment that also would add “Move over” driving bill bracketed Omaha Sen. Ernie Chambers said to the bill the provisions of LB814 that when a bill criminalizes con- as amended by the committee. These A bill designed to increase high- duct, it is the state’s responsibility to provisions would require counties to way safety was bracketed on general inform people of the change in law. accept partial payment of property fi le March 27. Further, he said, he cannot support taxes of at least $500. The bill would require drivers any bill that gives law enforcement These partial payments would be to exercise caution and, if possible, offi cers a reason to unfairly target applied against the outstanding bal- move into the passing lane when people for traffi c stops. ance and stop interest accumulation approaching a parked emergency ve- “I’m not in favor of giving cops that on the delinquency amount relieved hicle on controlled-access highways. kind of discretion,” Chambers said. by the partial payment. Partial pay- Introduced by Omaha Sen. Gwen Howard bracketed the bill to delay ments would be applied to the oldest Howard, LB786 would establish further debate until April 6. delinquencies first. Proceeds from penalties for failing to move into a partial payments would be distrib- passing lane when approaching an uted to the local governments in emergency or road assistance vehicle Rural road classifi cation bill moves forward proportion to the tax liability. that is stopped and using audible or Raikes said people are currently visual signals. If it is unsafe to change Senators amended and advanced unable to make partial payments lanes, however, the bill would require a bill March 25 that would create

100TH LEGISLATURE • UNICAMERAL UPDATE • PAGE 13 WEEK OF MARCH 25 - MARCH 28, 2008 ISSUES UPFRONT a new classification for Nebraska cal changes. county roads. Senators voted 34-0 to advance LB1068, sponsored by Ellsworth LB1068 to select fi le. Access daily Sen. LeRoy Louden, is intended to allow greater fl exibility in maintain- ing county roads by creating a ninth Urban Affairs legislative functional classifi cation for remote residential roads. A remote residen- Professional fi re chief bill passed tial road would be defi ned as a road updates or segment of road that serves as Senators gave fi nal approval March primary access to no more than seven 25 to a bill that requires certain cities The Unicameral Update is residences and is located in remote to hire a full-time fi re chief by 2009. available on the Internet. areas of counties with a population LB1096, introduced by Omaha Unicameral Update Online density of no more Sen. Mike Friend, requires cities with offers readers full access to than five people populations ex- legislative coverage featured in per square mile ceeding 37,500 the Unicameral Update’s print or an area of at to hire a quali- version with greater functional- least 1,000 square fi ed, career fi re ity… all from a computer. miles. chief responsi- Readers can search this The bill would ble for training year’s articles by key word or require the Board and administra- select all the articles for a par- of Public Roads Sen. LeRoy Louden tive oversight. Sen. Mike Friend ticular bill or committee. Classifi cations and The bill also re- Users also have access from Standards to adopt specifi c criteria quires cities to review recruitment each article to QuickSearch, for remote residential roads. A county and performance data annually and the Legislature’s search tool for board also would be required to hold conduct audits of trust funds and legislation. a public hearing before requesting pension programs under the Volun- Finally, readers can receive that the state Department of Roads teer Emergency Responders Recruit- online RSS news feeds from the reclassify an existing road as remote ment and Retention Act. Unicameral Update Online to residential. LB1096 was amended to contain keep them updated throughout Louden said that 39 counties, provisions of LB948, a bill intro- the week. most of them located in the Sandhills duced by Wilber Sen. Russ Karpisek. The Unicameral Update region, could qualify for the new clas- These provisions would create em- Online can be accessed from sifi cation. ployment protections for volunteer the front page of NebraskaLeg- Many miles of single-lane oil roads emergency responders who are islature.gov, the Legislature’s were built in the Sandhills region in absent or tardy due to an emergency web site, or directly by going the 1960s and 1970s, Louden ex- call prior to the start of their sched- to http://nebraskalegislature. plained, but were not maintained. uled shift. gov/web/public/update. The hard-surface roads provide es- LB1096 passed 48-0. sential access in rural areas but have deteriorated, he said. “We need a real solution now,” Louden said. A committee amendment, adopted 30-0, would provide the Board of Public Roads Classifications and Standards more time to create rules and regulations relating to the bill and would make various other techni-

PAGE 14 • UNICAMERAL UPDATE • 100TH LEGISLATURE WEEK OF MARCH 25 - MARCH 28, 2008 RESOURCES AND INFORMATION

Sen. Tony Fulton Sen. Lowen Kruse Sen. Dwite Pedersen District 29 District 13 District 39 2008 471-2734 (Capitol) 471-2727 (Capitol) 471-2885 (Capitol) 5935 S. 53rd St. 5404 N. 50th Ave. 21440 Shamrock Cir. Lincoln, NE 68516 Omaha, NE 68104 Elkhorn, NE 68022

Sen. Tim Gay Sen. Chris Langemeier Sen. Pete Pirsch District 14 District 23 District 4 471-2730 (Capitol) 471-2719 (Capitol) 471-2621 (Capitol) 1001 Hogan Dr. PO Box 192 State Capitol, PO Box 94604 Papillion, NE 68046 Schuyler, NE 68661 Lincoln, NE 68509

Sen. Tom Hansen Sen. Steve Lathrop Sen. Don Preister Nebraska District 42 District 12 District 5 471-2729 (Capitol) 471-2623 (Capitol) 471-2710 (Capitol) Legislature 3782 W. Foothill Rd. State Capitol, PO Box 94604 4522 Borman St. North Platte, NE 69101 Lincoln, NE 68509 Omaha, NE 68157 Sen. Greg L. Adams Sen. Abbie Cornett District 24 District 45 Sen. John N. Harms Sen. Scott Lautenbaugh Sen. Ron Raikes 471-2756 (Capitol) 471-2615 (Capitol) District 48 District 18 District 25 831 W. Fourth St. State Capitol, PO Box 94604 471-2802 (Capitol) 471-2618 (Capitol) 471-2731 (Capitol) York, NE 68467 Lincoln, NE 68509 State Capitol, PO Box 94604 16407 Taylor St. 3221 S. 76th St. Lincoln, NE 68509 Omaha, NE 68116 Lincoln, NE 68506 Sen. Ray Aguilar Sen. M. L. Dierks District 35 District 40 Sen. Lavon Heidemann Sen. LeRoy J. Louden Sen. Kent Rogert 471-2617 (Capitol) 471-2801 (Capitol) District 1 District 49 District 16 706 Grand Ave. RR 1 Box 131 471-2733 (Capitol) 471-2725 (Capitol) 471-2728 (Capitol) Grand Island, NE 68801 Ewing, NE 68735 62058 719 Rd. PO Box 25 PO Box 114 Elk Creek, NE 68348 Ellsworth, NE 69340 Tekamah, NE 68061 Sen. Brad Ashford Sen. Annette M. Dubas District 20 District 34 Sen. Gwen Howard Sen. Vickie D. McDonald Sen. DiAnna Schimek 471-2622 (Capitol) 471-2630 (Capitol) District 9 District 41 District 27 7926 Shirley St. 54906 N. 180th Ave. 471-2723 (Capitol) 471-2631 (Capitol) 471-2632 (Capitol) Omaha, NE 68124 Fullerton, NE 68638 5512 Howard St. 1104 Westridge Ln. 6437 Lone Tree Dr. Omaha, NE 68106 St Paul, NE 68873 Lincoln, NE 68512 Sen. Bill Avery Sen. L. Patrick Engel District 28 District 17 Sen. Carol Hudkins Sen. Amanda McGill Sen. Arnie Stuthman 471-2633 (Capitol) 471-2716 (Capitol) District 21 District 26 District 22 1925 E St. 401 E. 31st St. 471-2673 (Capitol) 471-2610 (Capitol) 471-2715 (Capitol) Lincoln, NE 68510 So. Sioux City, NE 68776 8600 N.W. 112th St. 5045 Vine St. #520 24160 310th St. Malcolm, NE 68402 Lincoln, NE 68504 Platte Center, NE 68653 Sen. Carroll Burling Sen. Philip Erdman District 33 District 47 Sen. Ray Janssen Sen. Danielle Nantkes Sen. John Synowiecki 471-2712 (Capitol) 471-2616 (Capitol) District 15 District 46 District 7 4120 S. Shiloh Ave. 511 Second Ave. PO Box 624 471-2625 (Capitol) 471-2720 (Capitol) 471-2721 (Capitol) Kenesaw, NE 68956 Bayard, NE 69334 210 Cedar St. PO Box 159 PO Box 30903 2451 S. 27th Ave. Nickerson, NE 68044 Lincoln, NE 68503 Omaha, NE 68105 Sen. Tom Carlson Sen. Deb Fischer District 38 District 43 Sen. Joel T. Johnson Sen. John E. Nelson Sen. Norm Wallman 471-2732 (Capitol) 471-2628 (Capitol) District 37 District 6 District 30 1112 Brown St. Box 54 471-2726 (Capitol) 471-2714 (Capitol) 471-2620 (Capitol) Holdrege, NE 68949 Valentine, NE 69201 3216 19th Ave. 6269 Glenwood Rd. State Capitol, PO Box 94604 Kearney, NE 68845 Omaha, NE 68132 Lincoln, NE 68509 Sen. Ernie Chambers Sen. Mike Flood District 11 District 19 Sen. Russ Karpisek Sen. Rich Pahls Sen. Tom White 471-2612 (Capitol) 471-2929 (Capitol) District 32 District 31 District 8 3116 N. 24th St. 105 S. Second St. 471-2711 (Capitol) 471-2327 (Capitol) 471-2722 (Capitol) Omaha, NE 68110 Norfolk, NE 68701 PO Box 767 16550 Dorcas St. 2517 N. 55th St. Wilber, NE 68465 Omaha, NE 68130 Omaha, NE 68104 Sen. Mark R. Christensen Sen. Mike Friend District 44 District 10 Sen. Gail Kopplin Sen. Dave Pankonin Sen. John M. Wightman 471-2805 (Capitol) 471-2718 (Capitol) District 3 District 2 District 36 PO Box 956 4722 N. 81st St. 471-2627 (Capitol) 471-2613 (Capitol) 471-2642 (Capitol) Imperial, NE 69033 Omaha, NE 68134 21760 Hilltop Ave. PO Box 106 PO Box 100 Gretna, NE 68028 Louisville, NE 68037 Lexington, NE 68850

100TH LEGISLATURE • UNICAMERAL UPDATE • PAGE 15 WEEK OF MARCH 25 - MARCH 28, 2008

A CLOSER LOOK e) Gas tax increase sent to round two

cent per gallon tax increase. This proposed increase is in addition to a $14 million ap- propriation passed in LB959, the mainline budget bill, which likely will trigger a 1.2 cent per gallon gas tax increase. Those funds would cover salary and health insurance costs for roads department employees. The bill’s fiscal note esti- mates the total revenue increase to roads, cities and counties to range from $16.6 million in fiscal year 2008-09 to $52.1 million in FY2010-11. Fischer said she did not propose an increased gas tax lightly. “We’ve reached a crossroads with roads funding in Nebras- ka,” she said. “I would say we’ve reached a crisis.” She said the new funding Sen. Deb Fischer responds to a question during debate on LB846. system would be based on price, awmakers debated the timing levied per gallon would be reduced to rather than quantity, and as a result and necessity of a proposed gas 2.5 cents to offset some of the whole- would help state funding for roads Ltax increase before advancing sale tax’s additional revenue, and keep pace with infl ation. the bill to select fi le March 26. a price-related tax policy would be Nebraska has consistently been LB846, introduced by Valentine added to the existing policy of excise a pay-as-you-go state, Fischer said, Sen. Deb Fischer, would change the tax per gallon purchased or sold. with highway revenue coming in the way fuel taxes are levied and collected The average wholesale price would form of gas tax, sales tax and vehicle in Nebraska. The bill would estab- be adjusted each April and November registrations. Calling the tax a “user lish a 5 percent tax on the wholesale and would be based on an average fee,” she said those who use the roads price of gasoline. The tax would be price over the previous six months. will continue to pay for them under collected at the wholesale level and The bill specifies that the average her proposal. would be paid in the same manner wholesale price could not be in- The total state gas tax was 27 cents as the current gas tax. creased or decreased by more than 25 per gallon last year, Fischer said, Sixty-six percent of the proceeds percent from the previous six-month and dropped this year to 23 cents from this tax would be distributed period. per gallon because consumption was to the state with the remaining 34 A Transportation and Telecom- greater than anticipated when the percent being split evenly between munications Committee amendment, Department of Roads budget was set cities and counties. Currently the adopted 29-0, would change the cur- last year. state receives 53.33 percent of the rent gas tax rate and impose the new “Under these bills you could say we total gas tax proceeds. gas tax rate beginning Jan. 1, 2009. are going back to that [2007] level,” The current 10.5 cent excise tax The bill is predicted to cause a 3.1 she said. “If we don’t do this, we will

PAGE 16 • UNICAMERAL UPDATE • 100TH LEGISLATURE WEEK OF MARCH 25 - MARCH 28, 2008

A CLOSER LOOK Gas tax increase sent to round two continue to fall further behind in the bills,” he said. “Growth requires bad time.” building and maintaining roads.” investment. We cannot be afraid to Other states are facing similar Sen. Mike Flood of Norfolk warned do otherwise.” roads funding issues and are strug- that without a funding remedy, the Other senators spoke against the gling, he said. Without a remedy, the state will be able to afford only the proposal, citing increased costs for state’s future could suffer, he said, $170 million road maintenance costs other consumer goods and specula- calling the funding problem a “mul- by 2017, leaving only $2 million in tion that a national recession could tiple, multiple, multiple car pileup the budget to complete new roads bring further fi nancial hardship to about to happen.” statewide. the state. Lincoln Sen. DiAnna Schimek Industries considering locating in Lincoln Sen. Tony Fulton said proposed an amendment that would Norfolk always ask if it’s on or near a he opposed the bill even though he have added provisions of LB812 to highway, he said. supported increased funds for roads. the bill. “Then we watch them walk out Funding road development and LB812, originally sponsored by the door.” maintenance with a gas tax is not Omaha Sen. Lowen Kruse, would The lack of a highway connecting sustainable over time, he said, noting make the act of not wearing a seatbelt Norfolk to Interstate 80 contributes that in 2010 the state will be $190 a primary offense. to Norfolk’s problem of losing popu- million short of the funds needed. Currently, it is considered a sec- lation, he said. Meanwhile, he said, infl ationary ondary offense, meaning it cannot be “Five hundred people per year are pressures will have increased the the primary reason a law enforcement moving to Omaha from Norfolk,” he cost of goods and materials by 10 to offi cer pulls over a vehicle. said. “We can’t sustain that loss.” 15 percent. Schimek said the provision would Omaha Sen. Ernie Chambers chal- He said it is not mathematically result in saved lives due to increased lenged the assumption that roads feasible to expect the gas tax to meet highway safety. Moreover, she said, create economic development. that shortfall. the change would qualify the state for “They’re not leaving Norfolk be- “Long-term, we have to do some- federal grants of $7.4 to $14 million cause they don’t have roads,” he said. thing more than just the gas tax,” to be used for roads projects. “You want them to build a company Fulton said. “We run the risk of pass- The amendment had little support, there and there are no people.” ing this bill this year, and then doing for a variety of reasons. It makes no sense for the state nothing for a few years, and that Omaha Sen. Ernie Chambers said to build more roads when it can’t would set us further back.” he could not support the measure maintain the roads it already has, Louisville Sen. Dave Pankonin because it would give the police an- Chambers said. Further, he said, it is said consumers are already paying other excuse to target black people foolish to count on the gas tax when over $3 for a tank of gas, resulting for traffi c stops. the increased price creates an incen- in a fi nancial crunch, especially for Kenesaw Sen. Carroll Burling tive for people to buy less gas. commuters. questioned whether seatbelt laws “If the increase in the price of gas “We’re adding a tax at an all-time increase public safety. Seatbelts only leads to less consumption, then what high,” he said. “This is not the time increase safety for the person wearing are you going to do?” he asked. to pile on more taxes and create them, he said, so wearing one should Kearney Sen. Joel Johnson said additional hardship for Nebraska be an independent choice. the long-term benefit to the state families.” Schimek withdrew her amend- would be worth the increased tax, Holdrege Sen. Tom Carlson said ment. noting the state’s increasingly aging there is never a good time to raise A technical amendment proposed population. the gas tax. by Fischer was adopted 27-0 and the “Failure to do so virtually guar- “When times are good, we say it’s bill advanced to select fi le 27-12. antees that we will not have the tax because our taxes are low,” he said. receipts to grow this state and pay “When times are bad, we say it’s a

100TH LEGISLATURE • UNICAMERAL UPDATE • PAGE 17 WEEK OF MARCH 25 - MARCH 28, 2008

A CLOSER LOOK Super Advantage tax program moves forward

Sen. Ray Janssen introduces LB895. The bill would expand Nebraska’s tax incentive program.

awmakers amended and advanced a measure The tax credits awarded under the new Super Advan- March 26 that would create a new tier in the state’s tage tier would equal 10 percent multiplied by the average L tax incentive program. annual compensation of new employees, multiplied by In 2005, the Legislature enacted the Nebraska Advan- the number of new employees. The company also would tage program, which revised the state’s business tax incen- receive a tax credit equal to 15 percent of the investment tive program. The program awards tax incentives based made in qualifi ed property at the project. on fi ve tiers of capital investment and job creation. Qualifying companies also could receive a tax ex- LB895, introduced by Sen. Ray Janssen of Nicker- emption for all personal property at the project. Lastly, son at the request of the governor, would create a sixth qualifying companies could use tax credits by obtaining tier of qualifi cations for the program, also known as the reimbursement for real estate taxes paid anywhere in Nebraska Super Advantage tier. Companies that invest the state. at least $10 million and create at least 75 new jobs that Companies seeking benefi ts under the Super Advan- meet a wage threshold would qualify for tax credits under tage program would be required to pay a $10,000 non- the new sixth tier of the program. To qualify, the newly refundable application fee. created jobs must pay at least 200 percent of the average An amendment offered by the Revenue Committee, wage in the county in which the project is located or at adopted 39-0, would eliminate from those livestock least 150 percent of the statewide average wage, which- modernization or expansion efforts that are eligible for ever is higher. benefi ts any improvements performed to correct envi-

PAGE 18 • UNICAMERAL UPDATE • 100TH LEGISLATURE WEEK OF MARCH 25 - MARCH 28, 2008

A CLOSER LOOK ronmental violations that are made within fi ve years of Finally, the amendment would provide a second way a complaint by the director of the state Department of to qualify for the sixth tier by hiring fewer new employees Environmental Quality. but investing more in qualifi ed property. Companies could The committee amendment would incorporate two qualify by investing at least $100 million and hiring at other bills that make changes in the state’s Nebraska least 50 new employees. Advantage Rural Development program. The Janssen amendment was adopted 39-0. LB1033, originally introduced by Omaha Sen. John Bellevue Sen. Abbie Cornett said the Revenue Com- Synowiecki, would allow benefi ts for projects in villages mittee worked diligently to lower the bill’s fi scal impact if the project promises at least two new jobs and at least in light of current economic conditions. As amended, $125,000 of new investment. Currently, such small proj- the bill’s projected cost is reduced from $13 million to ects must be in counties with a population of 15,000 or $5 million, she said. When combined with a 2015 sunset less, or in an enterprise zone. clause, the result is a bill that is fi scally responsible yet Benefi ts would be allowed for projects in one or more still meets the state’s needs, Cornett said. census tracts located in metropolitan class cites that But Lincoln Sen. Ron Raikes cautioned lawmakers have more than 30 percent of residents in poverty and about the diffi culty of removing business tax incentive any adjacent census tracts if the project promises at least programs once they are established. He said the pros- two new jobs and at least $125,000 in new investment. pect of a recession should make the Legislature wary Currently, these small projects must be in small counties of committing to programs that will reduce the state’s or in enterprise zones. revenue. Benefi ts would be allowed for projects in second class Raikes said he also has concerns about shifting Nebras- cities if the project promises at least fi ve new jobs and at ka’s tax burden from corporations to individuals. least $250,000 of new investment. Currently, projects in “You’re exempting from taxation those who are most this tier must be in counties with a population of 25,000 able to afford taxation,” Raikes said. “There’s something or less. that kind of rubs the wrong way about that.” LB1046, originally introduced by Sen. Carroll Burling York Sen. Greg Adams said the bill would benefi t rural of Kenesaw, would increase the annual dollar cap for tax Nebraska by enticing college graduates with the high-pay- credits from $3 million to $4 million beginning in fi scal ing jobs they require to stay in rural areas. year 2008-09. “This is a step in the right direction,” he said. An amendment to the committee amendment, of- LB895 was advanced to select fi le on a 35-4 vote. fered by Norfolk Sen. Mike Flood and adopted 29-0, would extend the $3 million cap through FY2008-09 and would increase the cap to $4 million in FY2009-10 and thereafter. A Janssen amendment would make several signifi cant changes to the bill. The amendment would limit availability of the real estate tax refund to taxes that are paid on real property included in the qualifying project and acquired by the taxpayer after the date the application was fi led. Janssen estimated that this change would lower the bill’s fi scal impact by $8 million. The amendment also would expand the defi nition of a qualifying business to include developing and operating an Internet web portal. For purposes of determining wage thresholds and credits, the defi nition of average annual wage would be changed to exclude any compensation in excess of $1 million paid to any one employee during the year, and to exclude fringe benefi ts. Sen. Abbie Cornett explains the Super Advantage program’s impact. 100TH LEGISLATURE • UNICAMERAL UPDATE • PAGE 19 WEEK OF MARCH 25 - MARCH 28, 2008

A CLOSER LOOK School aid bill advances awmakers gave second-round approval March 27 to a bill that L would determine state aid to schools across the state. LB988, introduced by Lincoln Sen. Ron Raikes, would change the structure of formula needs for school districts, base school district budget authority on the new needs calcula- tion and replace adjusted valuations with assessed valuations for the cal- culation of resources. The new needs calculation would compare school districts of similar size to arrive at a basic funding level. In addition, consideration would be given for remote elementary sites, el- ementary class sizes, poverty, limited English profi ciency, focus schools and programs, special receipts, transpor- tation, distance education and tele- communications, teacher education levels, new school buildings, student growth, instructional time, summer school, new learning community transportation increases, size ranges with below-average costs and cost sharing between the state and school districts with fewer than 390 students which are not in sparsely populated areas. Sen. Raikes explains provisions of LB988. The new budget authority would valuation changes. to make up the difference. Approxi- be based on 120 percent of the needs Raikes explained that the amount mately 200 of the 250 Nebraska calculation, with special education of state aid each school district re- school districts currently receive excluded from both the calculation of ceives is based on a measure of a state aid. the maximum budget and the expen- district’s need minus their local re- An Education Committee amend- ditures to be limited. The exceptions sources, which are comprised of local ment, adopted on general fi le, revised to the new maximum budget would receipts and property taxes. the original provisions of LB988. The be further limited. A three-year tran- Calling the bill a signifi cant modi- amendment added an emergency sition is included in the proposal. fi cation of the way state aid is calcu- clause to provide for a recertifi ca- LB988 would replace adjusted lated, Raikes said the purpose of the tion of 2008-09 state aid and budget valuations with assessed valuations changes is to make the calculation of a authority by April 30. The recertifi - for the calculation of state aid for school district’s state aid needs more cation would implement most of the both school districts and educational accurately refl ect its actual costs. provisions of the bill, deferring until service units. Local effort rates also If a school district’s need exceeds 2009-10 the provisions for which the would increase in response to the its resources, state aid is allocated (continued next page) PAGE 20 • UNICAMERAL UPDATE • 100TH LEGISLATURE WEEK OF MARCH 25 - MARCH 28, 2008

A CLOSER LOOK School aid bill advances department does not have accurate students, reductions in other actual about distance, land value, student data. It also would simplify budget receipts and unused budget author- population …” Adams said. “And as authority, restore unused budget ity. we accommodated those differences, authority and indefi nitely continue Lastly, the new school adjustment we’d have a formula that looks as it the alternative methods. would be revised to include expansion does.” The amendment would convert and remodeling projects that increase “The bill is complicated,” agreed the student weightings for summer capacity. Lincoln Sen. Bill Avery. “It has to be. school and instructional time to al- Gretna Sen. Gail Kopplin said What constitutes needs are multiple lowances. The elementary class size the bill was unfair because the state and complex.” allowance would have a 20 percent promised more state aid to schools The Education Committee’s pro- multiplier added to match the current and that amount was certified on posal started out with a 17 percent provisions and the elementary site Feb. 1. total increase for state aid, which allowance would be revised begin- “When we increased state aid by 17 now has been reduced to 9 percent, ning in 2009-10. The early childhood percent, it was because we were ask- he said. education counts would have a 60 ing them to do more,” he said. “Then “That’s not a cut. Nine percent is a percent multiplier added to match we reduced the amount but not what generous increase,” Avery said. “Not the current provisions. The amend- we’re telling them to do. every district will see a 9 percent in- ment also revised the student growth Kopplin questioned the Legis- crease, but that’s the overall effect.” adjustment and restructured the cor- lature’s fi nancial priorities and re- Kopplin introduced, and later rection for over- or under-estimating ferred to bills advanced earlier this withdrew, an amendment that would student growth. session. have created a school funding task Under the amendment, proceeds “Never mind that we gave millions force to study the fi nance formula and from levy override elections would be in incentives for business. And we’re propose improvements. eliminated from general fund operat- giving millions to roads. But we have Raikes responded that ongoing ing expenditures beginning in 2010- to take that budget defi cit out of edu- study of the fi nance formula is the 11. The averaging adjustment would cation,” he said. work of the Education Committee be limited to districts that levy over Sen. Cap Dierks of Ewing voiced each legislative session. $1 but could provide an adjustment concern about making such broad “I hope you don’t think you are go- as high as 90 percent of the difference changes to education funding. This ing to fi nd ‘the answer,’” Raikes said. between the average and the district’s bill marks the fourth time in his ten- “There is no answer. It is an ongoing basic funding per student, depending ure as senator that major education process.” on the levy. A new stabilization would policy changes have been imple- Raikes proposed several amend- adjust formula needs to between 100 mented, he said, requiring schools to ments, all of which were adopted. and 112 percent of the prior year’s constantly adapt. The fi rst, a technical amendment formula needs, except that growing York Sen. Greg Adams explained including a budget exception for the districts would be allowed to exceed that the goal of the bill is to give an fi rst two years of participation in Net- the 112 percent limit. accurate picture of what it costs to work Nebraska, was adopted 26-0. The committee amendment also educate a student in Nebraska. The second, adopted 33-0, pro- would eliminate a provision com- “If every district and every school vides an aid stabilization specifying monly referred to as “lop-off.” The in Nebraska were alike, oh, how that for 2008-09, aid will be no less lop-off provision in LB988 does not simple it would be,” he said, because than the 2007-08 aid minus 2.5 allow equalization aid to be given the state could allocate a set amount percent of the 2008-09 need. For in an amount exceeding the aid and of aid per student. 2009-10, aid will be no less than the taxes from the prior year grown by “But I believe within a matter of 2007-08 aid minus 5 percent of the 1 percent, the applicable allowable years, we’d be constantly listening 2009-10 need. The amendment also growth rate, the growth in formula to input about unique situations (continued on page 22) 100TH LEGISLATURE • UNICAMERAL UPDATE • PAGE 21 WEEK OF MARCH 25 - MARCH 28, 2008

A CLOSER LOOK School aid bill advances (continued from page 21) would reduce the multiplier for the into LB988. These provisions would part of a school district’s need to 1.5 teacher education adjustment from make several forms of property-tax- percent of the formula need for the 13.75 percent to 10 percent for the funded insurance payments by local school fi scal year. fi rst two years and expand an aver- governments subject to the levy lim- The provision, Raikes explained, aging adjustment for 2008-09 for its. The bill also would limit the levy would prevent atypical legal expenses school districts with prior year levies restrictions on insurance payments from causing spikes in aid. of between 96 cents and $1. and bonds to school districts and A fi nal amendment, brought by Raikes said the adjustments would educational service units (ESUs). Omaha Sen. Mike Friend, proposed save $3 million in state aid. Current law provides that these amending the freeholding provisions The third amendment, adopted specifi c insurance payments are not of LB977, a Raikes bill, into LB988. 26-1, reduces a stabilization averag- subject to levy limit. These provisions would add a new ing adjustment by 25 percent and With regard to bonds issued for in- set of criteria to allow land to be reduces the allocated income tax surance premiums by school districts transferred to another school district rate calculation by $20 million for and ESUs, any bonds issued after the in a process commonly referred to as one year. effective date of the bill would have “freeholding.” The net result of the amendment, to be within the levy limits under the Currently land in a Class II or III Raikes said, would be to save an addi- committee amendments. For bonds school district may be moved out of tional $11 million in state aid, bring- existing on the effective date, the the district to a contiguous school ing the total state aid expenditure to levies would be within the levy limit district if: $839 million. beginning with fi scal year 2012-13. • the district has less than 60 stu- “Even though it reduces aid, there Raikes said LB1017 would address dents in grades 9-12 for 2 years; is still a state aid increase to schools, a handful of school districts and ESUs • the district has voted to exceed and this change would be only for one that have issued bonds to finance the maximum levy; year,” Raikes said. insurance costs. • the high school is within 15 miles A fourth amendment, adopted 34- “This practice is not consistent of another high school; and 1, amended the provisions of LB1017 with the Legislature’s intentions,” • neither district is a member of a Raikes said. “In my learning community. mind this took a The proposal also would allow rather generous in- such transfers of land out of any terpretation of the class of school district to a contigu- statute for this to ous district if the original district has happen at all.” approved a budget that will cause the An amendment combined levies to exceed the greater brought by Schuyler of $1.20 or the maximum levy autho- Sen. Chris Lange- rized by a vote. meier and adopted Four school districts currently 30-0 removed a have a levy of over $1 without a public provision of LB1017 vote, Raikes said. These provisions that exempted only would “provide an opportunity for taxes levied prior to school districts to verify that they will FY2012-13. not levy more than 15 cents without A fifth amend- the vote of the people,” he said. ment, adopted 26-6, The amendment was adopted 25-3 limits legal expenses and LB988 advanced to fi nal reading to be calculated as 28-12. Sens. Pirsch and Pahls discuss the state aid formula. PAGE 22 • UNICAMERAL UPDATE • 100TH LEGISLATURE WEEK OF MARCH 25 - MARCH 28, 2008

A CLOSER LOOK Death penalty abolition bill stalls (continued from page 1)

Sen. Ernie Chambers lost his latest attempt to end the death penalty in Nebraska. appropriate here?” he said. “Certain where fi ve people were killed. “There “(It) spreads that blood to all of acts are so heinous that they violate are a lot of victims in my corner of our hands,” Nantkes said. our social conscience.” the state.” In his closing remarks, Chambers Harms said that 78 percent of Ne- Flood said the courts provide due refl ected on his decades of work on braskans support the death penalty. process that is closely scrutinized, the issue. Omaha Sen. John Nelson also cited allowing a civilized society to impose “I came to this Legislature as a public support for the death penalty the death penalty in the interests of young man; I’m leaving it as an old and said it is a representative’s job to public safety, deterrence and retri- man,” Chambers said. “I end my honor his or her constituents’ beliefs. bution. career holding to that one unwaver- Moreover, he said, some people are so “I don’t need a poll to guide my ing, unshakable belief and convic- inherently evil that the state cannot vote on this issue,” Flood said. tion – that the state should not kill safely protect others from them. Lincoln Sen. Danielle Nantkes anybody.” Norfolk Sen. Mike Flood agreed said that in issues of constitutional Following the rejection of a Ju- that public safety is a key rationale and human rights, public opinion diciary Committee amendment that for retaining the death penalty. should have little to do with senators’ would have removed the mandatory “I live in a community that’s seen decision-making. While the details of restitution provision, the Legislature the most heinous of crimes commit- some of the state’s worst crimes are declined to advance LB1063 to select ted,” Flood said, referring to a 2002 horrible, she said, the death penalty fi le. Both efforts failed 20-28, falling attempted bank robbery in Norfolk is no less so. fi ve votes short.

100TH LEGISLATURE • UNICAMERAL UPDATE • PAGE 23 WEEK OF MARCH 25 - MARCH 28, 2008 WEEKLY REVIEW

Appropriations BILL SPONSOR ONE-LINE DESCRIPTION STATUS LB959 Speaker Flood Provide for deficit appropriations Presented to Governor March 28, 2008 LB960 Speaker Flood Appropriate funds for employee pay and benefits Presented to Governor March 28, 2008 LB961 Speaker Flood Provide for and change transfers of state funds, provide for a juvenile Presented to Governor justice system study, and prohibit pledging certain funds March 28, 2008

Banking, Commerce and Insurance BILL SPONSOR ONE-LINE DESCRIPTION STATUS LB907 Pirsch Change provisions relating to corporations and limited liability Placed on Select File with companies ER8225 LB953 Nelson Change manufactured home and mobile home provisions relating to Placed on Select File with bankruptcy, certificates of title, and security interests ER8222

Business and Labor BILL SPONSOR ONE-LINE DESCRIPTION STATUS LB1019 Business and Provide for payment of claims against the state Presented to Governor Labor Committee March 28, 2008 LB819 Business and Change provisions relating to the Employment Security Law Placed on Select File with Labor Committee ER8226

Education BILL SPONSOR ONE-LINE DESCRIPTION STATUS LB1079 Raikes Exclude a portion of legal expenses from the definition of general Placed on General File fund operating expenditures in the Tax Equity and Educational with AM2506 Opportunities Support Act LB1151 Raikes Change provisions relating to distance education and Placed on General File telecommunications with AM2509 LB1153 Raikes Change provisions relating to special education and the Attracting Placed on General File Excellence to Teaching Program Act with AM2510 LB1154 Raikes Change provisions relating to learning communities, schools, Placed on Select File with educational service units, and job training grants ER8220 LB1157 Raikes Change provisions relating to the statewide system for assessment Advanced to Enrollment and reporting of student learning and Review for Engrossment LB973 Raikes Change calculation of state aid to community colleges Advanced to Enrollment and Review for Engrossment LB988 Raikes Change the Tax Equity and Educational Opportunities Support Act Advanced to Enrollment and Review for Engrossment

Executive Board BILL SPONSOR ONE-LINE DESCRIPTION STATUS LR283 Flood Create the Developmental Disabilities Special Investigative Reported to Legislature for Committee of the Legislature further consideration with AM2582

PAGE 24 • UNICAMERAL UPDATE • 100TH LEGISLATURE WEEK OF MARCH 25 - MARCH 28, 2008 WEEKLY REVIEW

General Affairs BILL SPONSOR ONE-LINE DESCRIPTION STATUS LB1058 McDonald Rename and change powers and duties of the State Advisory Placed on Select File with Committee on Problem Gambling and Addiction Services ER8214 LB995 General Affairs Change provisions relating to cemeteries Placed on Select File with Committee ER8223

Government, Military and Veterans Affairs BILL SPONSOR ONE-LINE DESCRIPTION STATUS LB745 Aguilar Change exemption provisions relating to the State Personnel System Placed on Select File LB822 Legislative Change provisions relating to audits by the Legislative Performance Presented to Governor Performance Audit Audit Committee and the Auditor of Public Accounts March 25, 2008 Committee LB889 Flood Provide construction alternatives for political subdivisions Advanced to Enrollment and Review for Engrossment

Health and Human Services BILL SPONSOR ONE-LINE DESCRIPTION STATUS LB1022 Hansen Adopt the Veterinary Drug Distribution Licensing Act Placed on Select File with ER8224 LB308 Stuthman Adopt the Automated Medication Systems Act Placed on Select File with ER8227 LB765 Gay Change provisions relating to certificates of need Advanced to Enrollment and Review for Engrossment LB797 Health and Change provisions relating to health and human services Presented to Governor Human Services March 25, 2008 Committee LB806 Wallman Change provisions relating to dog guides, hearing aid dogs, and Placed on Select File service dogs LB830 Lathrop Adopt the Medicaid Prescription Drug Act Placed on Select File with ER8221 LB928 Johnson Repeal the Hepatitis C Education and Prevention Act Advanced to Enrollment and Review Initial

Judiciary BILL SPONSOR ONE-LINE DESCRIPTION STATUS LB1055 McDonald Change provisions relating to dangerous dogs and dogs running at Advanced to Enrollment large and Review for Engrossment LB1063 Chambers Change a penalty from death to life imprisonment without possibility Failed to advance to of parole Enrollment and Review Initial LB606 Ashford Adopt the Stem Cell Research Act Approved by Governor on March 25, 2008 LB736 Fulton Change certain driving under the influence penalties and provide Placed on Select File with indigent assistance for ignition interlock devices ER8218 LB766 Cornett Regulate scrap metal recycling Placed on Final Reading Second LB952 Lathrop Change provisions relating to administrative subpoena powers Advanced to Enrollment and Review for Engrossment LB958 Ashford Provide for an examination of firearm-related violence and a hotline Failed to advance to to report loss of a firearm and repeal requirements for purchasing Enrollment and Review for handguns Engrossment

100TH LEGISLATURE • UNICAMERAL UPDATE • PAGE 25 WEEK OF MARCH 25 - MARCH 28, 2008 WEEKLY REVIEW

Natural Resources BILL SPONSOR ONE-LINE DESCRIPTION STATUS LB1049 Erdman Change membership provisions for the Game and Parks Commission Advanced to Enrollment and Review for Engrossment LB986 Preister Adopt the Electronics Recycling Act Placed on Select File with ER8212

Retirement BILL SPONSOR ONE-LINE DESCRIPTION STATUS LB365 Synowiecki Change Judges Retirement Act provisions relating to early retirement Placed on General File LB968 White Change service annuity provisions of the School Employees Placed on General File Retirement Act with AM2080

Revenue BILL SPONSOR ONE-LINE DESCRIPTION STATUS LB777 Hudkins Change provisions relating to property valuation for taxation Advanced to Enrollment purposes and Review for Engrossment LB846 Fischer Change motor fuel taxes Placed on Select File with ER8217 LB888 Burling Change corporate income tax calculations Placed on Select File LB895 Janssen Change provisions of tax incentive laws Placed on Select File with ER8219 LB916 Revenue Change sales tax provisions Placed on Select File with Committee ER8215 LB965 Revenue Change property tax provisions Placed on Select File with Committee ER8216

Transportation and Telecommunications BILL SPONSOR ONE-LINE DESCRIPTION STATUS LB1034 Louden Designate the Nebraska Expressway System Placed on General File LB1068 Louden Create the road classification of remote residential road Placed on Select File with ER8213 LB1129 Flood Change provisions relating to highway planning Placed on General File

Urban Affairs BILL SPONSOR ONE-LINE DESCRIPTION STATUS LB1072 Friend Change the State Natural Gas Regulation Act Advanced to Enrollment and Review Initial LB1096 Friend Provide for the hiring of a fire chief in certain cities of the first class, Presented to Governor change volunteer department trust fund provisions, and adopt the March 25, 2008 Volunteer Emergency Responders Job Protection Act

PAGE 26 • UNICAMERAL UPDATE • 100TH LEGISLATURE WEEK OF MARCH 25 - MARCH 28, 2008

THE CAPITOL’S HIDDEN TREASURES

This architectural detail can be Q: found somewhere in the State Capitol Building. Do you know where it is? Check next week’s issue to learn where to fi nd this hidden treasure.

The detail featured in last A: week’s issue is the chandelier in the Memorial Chamber on the Capitol’s 14th fl oor.

FROM THE COVER Editor’s Note: During the 2008 session, The International Quilt Museum, located depicting scenes from post-Civil War life. each week’s cover of the Unicameral Update on the University of Nebraska east campus, The museum offers quilt appraisals, inter- will feature a “Hidden Treasure of Nebraska hosts the world’s largest collection of quilts. active displays and quilt design activities. II.” Hidden treasures are sites and events Funded through private donations, the glass The new museum hosted its grand open- throughout Nebraska that may not be widely and brick building features a bowed facade ing March 30. For more information, contact known or publicized and refl ect the state’s of glass panels “stitched” together. Maureen Ose at 402-472-7232 or visit www. culture, heritage and diversity. This series Quilts on display at the museum span time quiltstudy.org. picks up where the 2004 series left off. and place, from early 1700s Great Britain to Korean pojagi, to the Reconciliation Quilt UNICAMERAL UPDATE The Unicameral Update is a free, You can also subscribe by e-mailing: Assistance provided by weekly newsletter offered during the [email protected] legislative session covering actions taken Clerk of the Legislature’s Offi ce in committees and on the floor of the Clerk of the Legislature Legislative Bill Room Legislature. Patrick J. O’Donnell Legislative committee clerks Legislative committee legal counsels The Unicameral Update is produced by the Editor Legislative journal clerks Clerk of the Legislature’s Offi ce through the Heidi Uhing Legislative Mail Room Unicameral Information Offi ce. Legislative pages Contributors Legislative Technology Center To subscribe, you may contact the Shanna Belschner Legislative Transcribers Unicameral Information Offi ce, P.O. Box Bess Ghormley Nebraska State Print Shop 94604, Lincoln, NE 68509, (402) 471- Kate Heltzel 2788.

100TH LEGISLATURE • UNICAMERAL UPDATE • PAGE 27 Contact Information UNICAMERAL UPDATE UNICAMERAL UPDATE:  24-Hour Request Line: (402) 471-2877  www.nebraskalegislature.gov/web/public/update 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/web/public/research 

BILLS, RESOLUTIONS OR LEGISLATIVE JOURNALS: Subscriptions: State Capitol Room 2018 or (402) 471-2271 Legislative Hot Line Individual copies: 24-Hour Request Line at (402) 471-2877 Voice/Telephone Text - (V/TTY) www.nebraskalegislature.gov/web/public/research Lincoln...(402) 471-2709 Nebraska (outside Lincoln)...(800) 742-7456 UNICAMERAL WEB SITE: www.nebraskalegislature.gov 24-Hour Automated Request Line Technical assistance: [email protected] (402) 471-2877

UNICAM LIVE! VIDEO COVERAGE: Web Site www.nebraskalegislature.gov/web/public/unicamlive www.nebraskalegislature.gov

NEBRASKA BLUE BOOK: Unicameral Update Online Nebraska Blue Book Offi ce: (402) 471-2220 www.nebraskalegislature.gov/ www.nebraskalegislature.gov/web/public/bluebook web/public/update

WARNER INSTITUTE FOR EDUCATION IN DEMOCRACY: Use the address below to Unicameral Information Offi ce: (402) 471-2788 contact your senator. Include your senator’s www.nebraskalegislature.gov/web/public/learning name and district number in the address. SENATOR DISTRICT # STATE CAPITOL P.O. BOX 94604 LINCOLN, NE 68509-4604

Unicameral Information Offi ce PRESRT STD Nebraska State Legislature U.S. POSTAGE PAID P.O. Box 94604 LINCOLN, NE Lincoln, NE 68509 PERMIT NO. 212 03-23-05