UNICAMERAL UPDATE News published daily at Update.Legislature.ne.gov Vol. 44, Issue 15 / April 12 - 15, 2021 State budget amended, Pretrial DUI sobriety program advanced with prison clears first round funding compromise ndividuals awaiting trial for driv- ing under the influence of alcohol Iand other drugs could enroll in an alternative diversion program under a bill advanced from general file April 12. LB271, sponsored by Lincoln Sen. , would authorize coun- ty-level 24/7 sobriety programs created by the sheriff or a designated entity. Morfeld said evidence from states that have implemented similar pro- grams shows increased rates of sobri- ety among participants and reduced incidents of alcohol-related traffic accidents and domestic violence. “Research has shown these pro- grams are more effective at reducing recidivism of drug and alcohol related Sen. supported freeing up $15 million for programming alternatives from funds offenses than traditional monitoring sequestered in the budget for possible prison construction. methods,” Morfeld said. “Seeing the ollowing discussion of several Legislature to appropriate for a new same facility staff twice daily gives a proposed changes, lawmakers state prison should one be deemed unique sense of accountability that is Fgave second-round approval necessary in the future. often lacking with just an [ignition] April 13 to the state’s $9.7 billion During select file debate, Lin- interlock device or suspended license.” budget package. The state budget is coln Sen. offered an Under the bill, a person awaiting structured on a two-year basis, with amendment, adopted 34-1, to reduce trial for driving under the influence the budget enacted during legislative the NCCF funding to $100 million. could join a voluntary 24/7 sobriety sessions held in odd-numbered years. The other $15 million of the original program as a condition of bail and A compromise regarding provisions amount instead would be placed into submit to twice-daily sobriety testing to fund the study of a new state prison a newly created Prison Overcrowding or use of a continuous alcohol moni- was amended into two bills included Contingency Fund. toring device. Participants would agree in the budget package. In addition, the amendment would not to consume alcohol or any drug LB380, introduced by Speaker provide $200,000 to contract with not prescribed by a physician while on behalf of the gov- the University of to study enrolled in the program. ernor, is the mainline budget bill. inmate classification within the state An individual who violates a pro- Senators approved an amendment Department of Correctional Services. gram’s terms would face immediate during general file debate to appropri- “This also funds [that study] so we sanctions as established in their par- ate $115 million in general funds to are prepared next year to roll up our ticipation agreement. A sixth violation the Nebraska Capital Construction sleeves and address prison overcrowd- would result in immediate expulsion Fund, which would be available for the (continued page 3) (continued page 2)

INSIDE: Student journalist free speech bill stalls • Behavioral telehealth services expanded April 12 - 15, 2021 Pretrial DUI sobriety program clears first round (continued from front page) from the program and exclusion from further participation. LB271 also would authorize a spe- cial motor vehicle operating permit for individuals enrolled in a 24/7 sobriety program. The permit would be subject to court approval, a $45 issuance fee and at least 30 consecutive days in the program without sanction. An individual with a 24/7 sobriety permit who is found to be driving under the influence or who refuses a chemical test would be guilty of a Class IV felony, punishable by up to two years imprisonment with 12 months post-release supervision, a $10,000 fine or both. Sen. Adam Morfeld (right) talks with colleagues April 12 about his proposed alternative to pretrial incarceration for individuals charged with DUI. Morfeld said Lancaster County has agreed to fund the estimated $100,000 revocation of their license or are under said. programming cost required by the a required no-driving period. Sen. John Cavanaugh of Omaha state Department of Motor Vehicles Lincoln Sen. spoke also supported LB271, but expressed to issue 24/7 sobriety permits. in support of the bill. He said the pro- concern that a violation of program par- He introduced an amendment gram holds participants to a stricter ticipation could result in a felony charge that would limit permit eligibility to standard than using a breath analysis when an individual’s original charge individuals whose operator’s license tool in their cars. may have been only a misdemeanor. has been revoked related to the current “The 24/7 program is designed to Following the 38-2 adoption of pending offense. An individual would make people remain sober, whereas an the Morfeld amendment, senators not be eligible if they are subject to a Interlock device is designed to make voted 34-3 to advance the bill to select different suspension, cancellation or people stop driving drunk,” Hansen file. n

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PAGE 2 • UNICAMERAL UPDATE • 107TH LEGISLATURE April 12 - 15, 2021

Budget advanced with prison funding compromise (continued from front page) ing reform,” Wishart said. appropriated to the Business Innova- for future public health emergencies. The Prison Overcrowding Contin- tion Act be used for the small business “This proposal was brought be- gency Fund was created by an amend- investment program. cause CARES Act funding is one-time ment brought by Omaha Sen. Justin Also adopted was an amendment funding,” Vargas said. “Public health Wayne to LB384, another component from La Vista Sen. John Arch meant infrastructure is critical to ensuring of the budget package. The amend- to ensure parity in child welfare pro- that the next time something happens ment states legislative intent that vider rates across the state. The budget — and not just a pandemic or a virus dollars transferred to the fund remain package provides for a 2 percent rate — that our public health departments sequestered until used by the Legisla- increase per year over the next two are [responding] and are prepared to ture to address prison overcrowding. fiscal years. do so.” Omaha Sen. sup- The Arch amendment states the The Groene amendment failed on ported the Wayne amendment. In intent of the Legislature that Saint a 10-23 vote. An amendment offered combination with the Wishart amend- Francis Ministries provide that same by Omaha Sen. ment, he said, it would allow the state increase to providers in the eastern to fully fund the state’s developmental to partner with UNO to find smarter service area out of their existing disabilities wait list over a three-year ways to use state resources to ensure contract funds. The amendment was period also failed 15-20. that inmates can obtain needed pro- adopted 41-0. Following adoption of a techni- graming in a timely manner while An attempt by Groene to strike an cal amendment, senators advanced maintaining public safety. increase in funding to the state’s public LB380 to final reading by voice vote. “This amendment demonstrates health departments was not adopted. Other components of the budget our commitment to a solution that The provisions originally were part of package also were given second-round is not just building more beds and LB585, sponsored approval. building a new prison,” Lathrop said. by Omaha Sen. LB379, advanced 42-0, would make Sen. of North Platte , and adjustments to funding for state opera- expressed concern that the amend- would appropri- tions, aid and construction programs ment wouldn’t solve the overcrowding ate $1.5 million in in the current fiscal year ending June problem. He said a similar study done fiscal year 2021-22 30, 2021. LB381, advanced 45-0, several years ago — and the legislation and $3 million in would provide for the $12,000 an- that resulted from it — had the same FY2022-23 to local Sen. Tony Vargas nual salaries of Nebraska’s 49 state goal but failed. public health departments. senators. He said the main result of that Groene said those departments Advanced to final reading by voice attempt at prison reform was to “fill” are funded adequately and that law- vote were: county jails by pushing inmates down makers should wait until all federal • LB382, which would fund sala- from the state level to the county level. CARES Act funds have been finalized ries and benefits for judges and “I’ve heard this promise before,” to determine if additional dollars are constitutional officers; Groene said. necessary. • LB383, which would appropri- Following the 28-0 adoption of Vargas opposed the amendment, ate funds for capital construc- the Wayne amendment, senators saying CARES Act funds are meant tion; advanced LB384 to final reading by to reimburse public health depart- • LB385, which would make a voice vote. ments for expenditures to combat the number of fund transfers to and Several additional amendments coronavirus pandemic. The additional from the state’s Cash Reserve to the mainline budget bill were funding in the budget would help Fund; and considered, including a proposal shore up the state’s public health “in- • LB666, which would provide from Omaha Sen. Terrell McKinney, frastructure,” he said, allowing depart- for payment of claims against adopted 38-0, stating legislative intent ments to resume the work of providing the state and agency write-offs that 20 percent of any future funds preventative health care and prepare for uncollectable debts. n

107TH LEGISLATURE • UNICAMERAL UPDATE • PAGE 3 April 12 - 15, 2021

Blood, a public, private or parochial home-schooled. school may apply to the State Board of LB92 passed on a vote of 43-0. Education for an annual “purple star school” designation. In-state tuition for AmeriCorps To qualify, a school must designate participants approved Mental health insurance a staff member as a military liaison requirements adopted who will serve as a school’s point Senators passed a bill April 15 that of contact for military-connected makes certain AmeriCorp participants Senators gave final approval April students and their families. Among eligible for in-state tuition at Nebraska 15 to a bill that creates insurance par- other duties, the liaison will identify higher education institutions. ity for mental health services provided military-connected students and as- Under LB197, introduced by through telehealth in Nebraska. sist in coordinating school programs Omaha Sen. Tony LB487, introduced by La Vista Sen. relevant to them. Vargas, a student John Arch, prohib- Among other criteria, a qualifying who qualifies for its a private health school must offer online resources an AmeriCorps insurance plan for military-connected students and award is consid- that covers mental their families, maintain a student-led ered a resident for health treatment program to assist military-connected tuition purposes at from establishing students in transitioning into the Nebraska postsec- Sen. Tony Vargas rates, terms or con- school and offer training for staff ondary educational institutions. ditions that place a Sen. John Arch members on issues related to military- Lawmakers voted 43-0 to pass greater financial burden on an insured connected students. LB197. for accessing treatment via telehealth. Lawmakers voted 46-0 to pass the The bill also requires that the re- bill. imbursement rate for telehealth treat- ment for a mental health condition be In-state tuition for home- the same as the rate for a comparable school students approved treatment provided in person. LB487 passed on a vote of 43-0. Nebraska home-school students Bare-knuckle boxing, kick- are eligible for in-state tuition at boxing regulation passed Nebraska postsecondary educational institutions under a bill approved by Fight fans in Nebraska have more lawmakers April 15. viewing options following passage of Under LB92, a bill April 12. introduced by LB70, introduced by Omaha Sen. Purple star designation for Sen. Robert Cle- Justin Wayne, au- military friendly schools ments of Elm- thorizes the state approved wood, students athletic commis- who complete the sioner to regulate Nebraska schools that take measures program of in- professional kick- to welcome military-connected stu- struction offered Sen. Robert Clements boxing and bare- dents may receive a by a home school are considered knuckle boxing. special designation residents for tuition purposes. The commissioner Sen. Justin Wayne under a bill passed The bill also prohibits a publicly currently regulates professional mixed by the Legislature funded college or university in Ne- martial arts and boxing. April 12. braska from discriminating against Lawmakers passed LB70 on a 42-2 Under LB5, any student with regard to determina- vote. introduced by Bel- tions of residency status or scholarship levue Sen. Carol Sen. eligibility on the basis of having been

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Gaming near fairgrounds electronically or by phone. the program with a gross income approved Under the bill, political subdivi- of 130 percent or less of the federal sions subject to the state’s Open poverty level and an adjusted net in- Games of chance at licensed race- Meetings Act and currently allowed come — after deducting expenses such tracks in Nebraska that are located to conduct one half of their annual as housing and child care — of 100 near fairgrounds are allowed to oper- meetings by video conferencing and percent or less of the federal poverty ate at the same time as a fair under a teleconferencing can hold virtual level. LB108 would not change the net bill passed April 15. meetings and discuss regular business income standard, which is set by the State law prohibits gambling and a during a governor-declared emergency. federal government. number of other activities within 660 Current requirements regarding McCollister introduced an amend- feet of a state, district, county or agri- advanced public notice and at least ment, adopted 34-13, that would set cultural fair and provides exceptions. one physical site available for public the gross income eligibility limit at LB371, intro- participation still will apply. An of- 165 percent. duced by Grand ficial participating in such a virtual SNAP benefits are entirely funded Island Sen. Ray- meeting may do so from any location. by the federal government, McCol- mond Aguilar, LB83 also reaffirms the validity of lister said, and all administrative adds games of any actions taken by a public body costs associated with LB108 would be chance under the between March 17, 2020, and April covered through the federal American Nebraska Race- 30, 2021, in reliance on an executive Rescue Plan Act. The amendment track Gaming Act Sen. Raymond Aguilar order from the governor that waived would require the state Department to the current list of exceptions. the open meeting requirements during of Health and Human Services to re- The bill helps to implement the the pandemic. port regarding the bill’s impact on the provisions of a constitutional amend- Senators passed the bill on a 43-0 number of Nebraskan’s being served ment passed in 2020 that authorized vote and it took effect immediately. and continued funding availability by licensed horse racing tracks to offer Dec. 31, 2022. games of chance. McCollister said 80 percent of Senators passed LB371 on a 35-7 Nebraska families receiving SNAP vote. benefits include at least one working adult and half of them have children. “People who receive SNAP benefits are not slackers,” McCollister said, Bill to expand SNAP eligibility adding that most are the state’s “work- advanced ing poor.” Sen. of Seward Virtual meeting bill passed More Nebraskans would be eligible supported the bill, saying it would for the federal Supplemental Nutri- help Nebraskans who are struggling Local political subdivisions have tion Assistance Program, formerly financially. greater flexibility to meet virtually known as food stamps, under a bill “I think we owe the people that under a bill passed April 15. advanced from general file April 14. can’t afford food — that aren’t as LB83, introduced by Norfolk Sen. Nebraska families making up to blessed as well as we are — the right to Michael Flood, al- 185 percent of the have their bellies full at night when lows authorized federal poverty lev- they go to bed, especially young chil- political subdi- el would be eligible dren. You can’t learn if you’re hungry visions to hold for SNAP benefits all the time,” Kolterman said. meetings virtually under LB108, as Bellevue Sen. Carol Blood sup- during a declared introduced by Sen. ported LB108 because it would help emergency. The John McCollister those in need and also would stimulate bill defines virtual Sen. Michael Flood of Omaha. Sen. John McCollister the economy. conferencing as a meeting conducted Currently, a family is eligible for “[SNAP] benefits augment the in-

107TH LEGISLATURE • UNICAMERAL UPDATE • PAGE 5 April 12 - 15, 2021 come of farmers, retailers, food proces- recommendation of the appropriate at Nebraska public schools. Under sors and distributors, not to mention professional advisory board. An ap- the bill, each YRTC would maintain their employees,” she said. plicant receiving a reciprocal license accreditation by the state Board of Sen. John Arch of La Vista opposed under the bill is required to establish Education and provide age-appropri- the bill, which he said would not elimi- residency in Nebraska within 180 days ate and developmentally appropriate nate the so-called cliff effect — when a of obtaining the license. educational programs. recipient becomes ineligible for ben- Lawmakers passed the bill on a La Vista Sen. John Arch, chair- efits due to an increase in pay — but 40-1 vote. person of the committee, said the merely would shift it. He said Nebraska proposal was the result of the recom- has one of the lowest unemployment Behavioral telehealth services mendations made by the Legislature’s rates in the country and that expanding expanded YRTC special oversight committee. SNAP eligibility would disincentivize A committee amendment, adopted people from seeking employment. Nebraskans have greater access to 35-0, added the provisions of four ad- Kearney Sen. John Lowe said he certain telehealth services under a bill ditional bills, each introduced by the opposed LB108 because Nebraska passed April 15. committee: taxpayers would have to fund the ex- LB400, intro- • LB425, which would require panded program once federal dollars duced by Sen. state Department of Health run out. John Arch of La and Human Services to hire a “Once we start a program it never Vista, allows estab- consultant to perform a needs goes away,” Lowe said. lished patients to assessment and cost analysis of After adoption of the amendment, receive audio-only an inpatient adolescent psychiat- senators advanced LB108 to select file telehealth for in- Sen. John Arch ric unit at the Lincoln Regional on a 29-18 vote. dividual behavioral health services Center. The assessment would originating from any location. be submitted to the committee Expanded health care The bill allows a patient to provide by Dec. 1, 2021; credentialing bill approved verbal consent during an initial tele- • LB427, which would prohibit health visit. Previously, Nebraskans DHHS from delaying inpatient The pool of credentialed workers in were required to give written consent or subacute substance abuse or certain health care fields may expand to receive telehealth services prior to behavioral health residential under a bill passed April 15. those services being provided. LB400 treatment for youth under the LB390, introduced by Sen. Dave requires that written approval be jurisdiction of a juvenile court Murman of Glen- received within 10 days of a patient when such treatment has been vil at the request giving verbal consent. determined necessary after the of Gov. Pete Rick- Senators passed the bill on a 43-0 youth’s commitment to the etts, amends Ne- vote. state Office of Juvenile Services braska’s Uniform or has been ordered by a juve- Credentialing Act YRTC bill amended, advanced nile court; to allow certain • LB429, which would require individuals creden- Sen. Dave Murman A bill establishing educational DHHS to notify the Legisla- tialed in another state to apply for an standards at youth rehabilitation ture 120 days before making expedited credential in Nebraska. and treatment centers in Nebraska substantial changes to facilities Eligible credential holders include was amended to become an omnibus and programs under the juris- nurses, EMS practitioners, dentists, YRTC proposal and advanced from diction of the Office of Juvenile optometrists, pharmacists and psy- general file April 15. Services; and chologists, among others. LB428, introduced by the Health • LB570, which would require LB390 authorizes the state Depart- and Human Services Committee, that the Legislature complete ment of Health and Human Services would require that YRTC residents an evaluation of the state’s to determine the necessary creden- receive educational opportunities privatization of child welfare tialing level of an applicant with the equivalent to those offered to students case management in the eastern

PAGE 6 • UNICAMERAL UPDATE • 107TH LEGISLATURE April 12 - 15, 2021

service area by Dec. 31, 2021, an unwarranted invasion of privacy, ment, saying students benefit from the and approve hiring a consultant violates state or federal law or incites oversight provided by student media to assist in the evaluation. students to engage in unlawful acts. advisers. Omaha Sen. Steve Lathrop sup- Student journalists and advisers “It is important that young people ported the package. He said the needs would not be subject to discipline for in our state who are exercising their assessment provision for use of the exercising their rights as protected rights for the first time — particu- Lincoln Regional Center would be under the bill. larly in a government institution that critical in determining if the state can North Platte Sen. Mike Groene op- should be content and viewpoint establish a “no eject, no reject” youth posed LB88, saying it would go too far neutral — have the ability to exercise behavioral health facility. in protecting student media advisers those freedom of speech rights with “We really need that for the young from discipline. the supervision of a student media people so that we do have, truly, a “This bill can never be made better adviser ... and their administrator as continuum of care,” Lathrop said. unless the publisher is in charge and well,” he said. Following the adoption of a tech- that’s the administrator and the school After four hours of debate, Morfeld nical amendment on a 33-0 vote, board,” he said. “We cannot have an offered a motion to invoke cloture, senators advanced LB428 to select employee in a school that is not sus- which would end debate and force file 34-0. ceptible to discipline for any reason.” a vote on the bill and any pending Bayard Sen. intro- amendments. duced an amendment on select file, The cloture motion failed 30-17. adopted 44-1, to specify that student Thirty-three votes were needed. A media advisers could face discipline failed cloture motion results in debate but with guaranteed due process on a proposal ceasing for the day. protections. He said the change LB88 is unlikely to be placed on the Cloture attempt on student would allow administrators to make agenda again this session. journalist, adviser free speech appropriate, necessary employment protections fails decisions to protect students while still guaranteeing media advisers’ rights. A bill to expand student journal- Speaking in support of the amend- ist and adviser protections did not ed version of LB88 was Omaha Sen. advance from select file April 14 after . She said opponents of a motion to end debate and force a the bill who expressed concerns that Carbon sequestration frame- vote on the proposal failed. student journalists would publish con- work amended, advanced LB88, sponsored by Lincoln Sen. tent that they would later regret were Adam Morfeld, attempting to protect those students Operators of carbon sequestration would designate from themselves. facilities in Nebraska would have to student-produced “We need to tell students that we complete a seismic risk assessment media as part of a support the exchange of ideas and that before receiving a permit under a bill public forum and we support education and the educa- advanced to the final round of debate extend the full tors in Nebraska who are supervising April 14. right to exercise these students already,” Hunt said. Under LB650, sponsored by freedom of speech Sen. Adam Morfeld A pending amendment introduced Norfolk Sen. Mi- and press that is provided to profes- by Sen. Matt Hansen of Lincoln would chael Flood, the sional members of the media to strike language designating a student Nebraska Oil and public high school and postsecondary newspaper as part of a public forum. Gas Conserva- student journalists, as well as their He said the change would address tion Commission media advisers. concerns that the bill would prevent would regulate fa- The bill would not protect any school faculty from having any over- cilities that inject expression by a student journalist that sight over student journalists. carbon dioxide Sen. Michael Flood is libelous or slanderous, constitutes Morfeld supported the amend- through wells into underground

107TH LEGISLATURE • UNICAMERAL UPDATE • PAGE 7 April 12 - 15, 2021 geologic formations for permanent or the way in which passthrough entities accountants discouraged passthroughs short-term storage. claim a refundable income tax credit from claiming the credit when filing LB650 would allow geologic stor- under the Property Tax Incentive Act. their taxes this year. To address that age only if a storage operator obtains The act, passed last year, requires issue, the amendment contains a pro- a permit from both the commission passthrough entities, trusts and estates vision that would allow those entities and the Environmental Protection to allocate the credit — which is based to claim the credit on school property Agency’s Underground Injection Con- on school property taxes paid — in taxes paid in 2020, he said. trol program. The commission would the same proportion that income is Senators voted 45-0 to advance the hold a public hearing and consult with distributed to shareholders, partners, bill to select file. state agencies and the federal permit- members or beneficiaries. ting authority before issuing a permit. As introduced Flood introduced an amendment by Elkhorn Sen. on select file that he said is intended , to address concerns that the injection LB181 would have wells could cause unintended seismic allowed parking activity. facilities near con- Veteran license plate registry Under the amendment, adopted vention centers to passed 40-0, the commission would have qualify for the use Sen. Lou Ann Linehan to find that, in accordance with the of a state sales tax turnback. Lawmakers approved a bill April federal program, the storage operator However, Linehan said, the way the 12 that imposes new requirements has completed a geologic study that new tax credit is calculated has created on individuals seeking certain armed includes a seismic risk assessment an administrative problem that needs services license plates. before issuing a permit. to be solved this year. LB78, sponsored by Creighton LB650 also would authorize the A Revenue Committee amend- Sen. Tim Gragert, commission to require that any por- ment, adopted 45-0, replaced the bill. requires an indi- tions of a storage reservoir owned It would allow passthrough entities, vidual applying for by nonconsenting landowners be trusts and estates to distribute the a Gold Star Fam- included in a storage facility. Those credit in the current manner for tax- ily, Ex-Prisoner landowners would be “equitably com- able years beginning or deemed to of War, Disabled pensated.” begin before Jan. 1, 2021. American Veteran Sen. Steve Lathrop of Omaha sup- For taxable years beginning or or Purple Heart/ Sen. Tim Gragert ported the bill but said he and Flood deemed to begin on or after that date, Combat Wounded license plate to are having “ongoing conversations” to the credit would be claimed at the register first with the state Department ensure that LB650 protects landown- entity level. of Veterans’ Affairs. ers’ due process rights. “It’s a technical change to ease the The state Department of Motor Following adoption of the Flood administrative burden,” Linehan said. Vehicles will use the registry informa- amendment, senators advanced the “It makes no changes to the tax credit tion to verify an individual’s eligibility. bill to final reading by voice vote. amount — it simply allows for a more The bill passed on a 46-0 vote. simplified calculation.” Sen. Mike Groene of North Platte Rural-based broadband funding supported the amendment, saying plan amended, advanced it would end an “accounting night- mare” for Nebraska tax preparers. A bill meant to give rural custom- In situations involving passthrough ers more input on their broadband Income tax credit for pass- entities with many members, he said, carriers was advanced from select file throughs modified, advanced it can cost more for an accountant to April 14. calculate the amount of credit due to The Public Service Commission Lawmakers gave first-round approv- each member than the credit is worth. adopted rules in 2018 to withhold al April 12 to a bill that would change For that reason, Groene said, some Nebraska Universal Service Fund

PAGE 8 • UNICAMERAL UPDATE • 107TH LEGISLATURE April 12 - 15, 2021 support from telecommunications car- Bostelman introduced an amend- jurisdiction also to riers that do not offer broadband ser- ment on select file that would ensure follow the notifica- vices and instead redirect that funding no federal funding could be used to tion requirements. to eligible carriers who could provide expand broadband service in locations Hughes said broadband in the same exchange area. already capable of 100 Mbps or greater that it is not un- Currently, those funds could for both upload and download speed. common for a tow- be redirected only Following the 36-0 adoption of er to have a vehicle through a reverse the Bostelman amendment, senators on their lot for an Sen. Dan Hughes auction process. advanced the bill to final reading on extended period of time while waiting LB338, sponsored a voice vote. for law enforcement to give notice by Brainard Sen. to the last owner of the vehicle or , New timeline requirements for lienholder. would authorize abandoned vehicles advanced “In the meantime, the vehicle is a second method Sen. Bruce Bostelman taking up space in the tower’s lot to redirect funds known as a rural- Nebraska law enforcement would and the tower is not being financially based plan. be required to make timely abandoned compensated or recouping any of the To qualify for consideration by the vehicle reports under a bill advanced towing charges,” Hughes said. PSC, a rural-based plan must include from general file April 12. The bill also would increase the an eligible telecommunications com- Currently, when an abandoned value of an abandoned vehicle from pany. The plan would be judged on the vehicle is towed, the towing company $250 to $500. company’s history and service capabil- must notify any lienholder on the Following the 45-0 adoption of a ity in the area, as well as local support, title, as well as the owner, within 15 technical Transportation and Tele- partnerships with local public power business days. LB616, sponsored by communications Committee amend- and wireless internet service providers Venango Sen. Dan Hughes, would re- ment, senators voted 46-0 to advance and cooperation by the incumbent quire the law enforcement agency with LB616 to select file. n local exchange carrier that has lost support from the commission. A plan approved under the provi- sions of LB338 by the PSC would include a deployment timeline to Unicameral Youth Legislature include periodic milestones and reporting requirements from the tele- registration open communications company. igh school students with an inner workings of the Legislature As amended on general file, the bill Hinterest in law, government, directly from senators and staff. Bills would require any recipient of ongoing leadership or public speaking are will be based on legislation consid- high-cost financial support from the encouraged to register for the 2021 ered during the current legislative universal service fund to submit to Unicameral Youth Legislature, session. broadband service speed tests by the which will convene June 13-16. The University of Nebraska–Lin- PSC. Any universal service funds dis- The Unicameral Youth Legislature coln’s Extension 4-H Youth Develop- tributed for new broadband infrastruc- is a four-day legislative simulation con- ment Office coordinates housing and ture construction would be directed to ducted at the State Capitol Building recreational activities for the camp as projects that provide service scalable to and coordinated by the Clerk’s Office part of their Big Red Summer Camps 100 Mbps or greater of upload speed. of the Nebraska Legislature. Student program. Additionally, any political subdi- senators will sponsor bills, conduct Registration forms can be ob- vision that receives federal funding committee hearings, debate legisla- tained from the Legislature’s Uni- for broadband service enhancement tion and discover the unique process cameral Youth Legislature page: would be required to provide service of the nation’s only unicameral. NebraskaLegislature.gov/uyl. scalable to 100 Mbps or greater for Students will learn about the The registration deadline is May 28. both upload and download speed.

107TH LEGISLATURE • UNICAMERAL UPDATE • PAGE 9 April 12 - 15, 2021 Crafting the State Budget he primary constitutional duty of the Legislature is to pass the state budget. Before a budget is passed, however, the Legislature must consider hundreds T of funding requests for the creation, maintenance or improvement of government services, programs, equipment and infrastructure. This lengthy process is governed and guided by provisions of the Nebraska Constitution, state statutes and legislative rules. ebraska’s budget cycle of Revenue. The board’s estimates the Fiscal Office analysis of each Nconsists of two fiscal become the basis for planning general agency budget request. Under legisla- years, called a biennium. fund budget conditions for the current tive rules, the committee must submit Biennial budgets are enact- and next biennium. its preliminary recommendations in ed during regular 90-day a report to the Legislature 20 to 30 legislative sessions held in he governor is re- legislative days after the governor’s odd-numbered years. Budget Tquired to submit his budget submission. adjustments are made during or her budget recommen- The report includes preliminary regular 60-day sessions held in dation by Jan. 15 in odd- funding levels and an overall analysis even-numbered years. Conse- numbered years, except of the state’s spending capacity based quently, the volume of issues that in the first year of on current revenue forecasts, tax rate BIENNIUM and dollar value of decisions office a governor may assumptions and compliance with the during short sessions typically are less. submit a proposal on or statutory minimum reserve, which The Legislature’s Appropria- before Feb. 1. The gover- must fall between 3 and 7 percent of tions Committee is responsible for nor communicates his or available general funds. The estimates reviewing budget requests and present- her proposals through a in the preliminary report become the ing a budget recommendation to be state of the state address basis of discussion during subsequent considered by the full Legislature. Be- and formally submits his public hearings with state agencies and fore submitting its recommendation, or her recommendation other interested parties. the committee considers recommen- to the Legislature through dations from the governor, requests one or more bills, in- uring this time, other from state agencies and fiscal impacts troduced by the speaker Dstanding committees are of bills sponsored by senators. GOVERNOR’S RECOMMENDATION of the Legislature at the conducting hearings on bills The process begins when state request of the governor. referred to them. Each bill has agency requests come to the Legisla- The governor’s appropriation an accompanying fiscal note, tive Fiscal Office in the fall prior to bills routinely are referred to the Ap- which is an estimate of the each session. Fiscal Office staff study propriations Committee. Other sub- financial impact of the legisla- the requests and prepare briefings for stantive bills that are instrumental to tion, including expenditures the Appropriations Committee. At the governor’s budget recommendation and revenues. the same time, budget analysts from are referred to the standing commit- The fiscal note becomes the executive branch are reviewing tee having subject matter jurisdiction. BILLS “A” the basis for estimating what agency requests and working with Such substantive bills are not subject appropriation may be neces- the governor to formulate his or her to the Jan. 15 deadline. sary if the bill becomes law. When budget recommendation. During the first 10 days of ses- a committee advances a bill that has Revenue forecasts generated sion, senators introduce other bills, a financial impact, a companion bill by the Fiscal Office are reviewed by which may require an appropriation authorizing an appropriation is intro- the Nebraska Economic Forecasting to implement. duced. This bill is assigned the same Advisory Board along with forecasts In January and February, the number as its companion along with developed by the state Department Appropriations Committee reviews an “A” suffix.

PAGE 10 • UNICAMERAL UPDATE • 107TH LEGISLATURE April 12 - 15, 2021

fter issuing its pre- current year. It is not unusual for the appropriations bills by the 80th day in a Aliminary report, the deficit bill to be considered early in long session or the 50th day in a short Appropriations Commit- the session because some of the adjust- session. There is no penalty for not tee conducts public hear- ments may be emergencies that apply passing appropriations bills as provided ings on the budget and to the current year. by rule, other than the holdup of bills then reviews all prelimi- Other bills also may be offered, during a long session. Circumstances nary decisions, informa- including bills making appropriations such as volume of amendments, length tion obtained during the for salary increases, increased benefit of debate and full discussion of appro- hearings and any other costs or substantive law changes — priations matters can extend passage information brought to such as authorization for a fee and of the appropriations bills beyond the its attention. creation of a fund — that implement prescribed deadlines. Appropriations The committee some aspect of the committee recom- bills usually carry the emergency clause, meets for about two weeks mendation. which requires 33 votes for passage on to complete a set of recom- final reading. This also is true of deficit mendations that is offered fter the committee’s bills bills. Bills without the emergency clause to the full Legislature in Aare placed on general need 25 votes to pass. the form of amendments file, a daily financial status COMMITTEE COMMITTEE RECOMMENDATION to the governor’s legisla- report of the general fund ac- n appropriations bills, tion or new bills. companies the daily agenda. Othe governor has the During a long session, the com- The status report indicates option of signing the bill, mittee has until the 70th day to place the amount of budgeted letting the bill become law its budget bills on general file. During funds under the committee without his or her signature, a short session, the deadline is the recommendation and the vetoing the bill or returning 40th legislative day. If the commit- amount of additional spend- the bill to the Legislature with tee fails to introduce its bills by the ing that could be accommo- one or more line-item vetoes. deadline, legislative rules require that dated beyond the statutorily Within a day of the return of senators consider the appropriation required minimum reserve. appropriations bills to the Leg- VETOES bills as introduced by the governor. REPORT STATUS For planning purposes, islature with total or line-item At a minimum, the Legislature the status also indicates fi- vetoes, the Appropriations must consider three appropriation nancial conditions for the biennium Committee must report on the impact bills: one for legislators’ salaries; under consideration plus the two fol- of the vetoes and may offer a motion another for constitutional officers’ lowing years. Although the Legislature to override all or some of them. salaries, which generally include considers only the first two years for Individual members of the Leg- other elected officials and judges; and appropriations, simulating impacts for islature may then offer their own veto a third to appropriate for all other two additional years provides useful override motions. For an override expenditures. information on the state’s ability to motion to succeed, two-thirds of the However, the committee typically sustain future obligations. Legislature must vote for it. introduces several bills that fall under During long sessions, all other All final appropriations ulti- broad categories. One large bill appro- bills having a general fund expendi- mately enacted take effect July 1 of priates most state funds for operations ture or a general fund revenue loss the designated fiscal year or, if passed and state aid. A second bill typically are held on final reading and may without the emergency clause, three is offered to make appropriations for not be read until the Appropriations calendar months after the end of the capital construction projects. Another Committee’s budget bills pass. During legislative session. Deficit bills making bill provides for deficit appropriations, short sessions, other bills may be read adjustments to current-year appropria- which are adjustments to appropria- after the 45th day. tions with the emergency clause are tions previously authorized for the By rule, the Legislature must pass effective immediately. g

107TH LEGISLATURE • UNICAMERAL UPDATE • PAGE 11 Unicameral Information Office PRESRT STD Nebraska Legislature U.S. POSTAGE PAID P.O. Box 94604 LINCOLN, NE Lincoln, NE 68509 PERMIT NO. 212 03-23-05