2007 Session Review

Nebraska Legislature Research Office Session Review: Review: Session One-Hundredth Legislature, First Session July July 2007 Published by Legislative Research Office Cynthia G. Johnson, Director Nebraska Legislature State Capitol P.O. Box 94945 Lincoln, NE 68509-4945 402.471.2221 Session Review: One-Hundredth Legislature, First Session July 2007 Prepared by Legislative Research Office Staff Nancy Cyr, Legal Counsel Kate Gaul, Research Analyst Stephen Moore, Research Analyst Bernard Scherr, Research Analyst Deb Emmons, Deputy Director Research Report 2007-1 TABLE OF CONTENTS INTRODUCTION...............................................................i AGRICULTURE COMMITTEE .......................................... 1 APPROPRIATIONS COMMITTEE..................................... 5 BANKING, COMMERCE, AND INSURANCE COMMITTEE ...................................................................9 BUSINESS AND LABOR COMMITTEE ........................... 19 EDUCATION COMMITTEE............................................. 27 EXECUTIVE BOARD ...................................................... 41 GENERAL AFFAIRS COMMITTEE ................................. 45 GOVERNMENT, MILITARY AND VETERANS AFFAIRS COMMITTEE................................49 HEALTH AND HUMAN SERVICES COMMITTEE ................................................................. 53 JUDICIARY COMMITTEE .............................................. 63 NATURAL RESOURCES COMMITTEE ........................... 75 NEBRASKA RETIREMENT SYSTEMS COMMITTEE .................................................................83 REVENUE COMMITTEE ................................................ 85 TRANSPORTATION AND TELECOMMUNICATIONS COMMITTEE ........................99 URBAN AFFAIRS COMMITTEE ................................... 107 BILL INDEX.................................................................. 113 LEGISLATIVE RESOLUTION INDEX ............................119 INTRODUCTION The following review provides a summary of significant legislative issues addressed during the first session of the One Hundredth Legislature of Nebraska. The review briefly describes many, but by no means all, of the issues discussed by the Legislature during the 2007 session. Information gathered from committee chairpersons and staff members, staff of the Legislative Fiscal Office, legislative records, and the Unicameral Update is used to produce the review. Bill summaries and summaries of legislative resolutions proposing constitutional amendments are found under the heading of the legislative committee to which each bill or resolution was referred. Because the subject matter of some legislation relates to more than one committee, cross-referencing notes are included as needed. A bill-number index and a legislative-resolution index are included for ease of reference. The authors acknowledge and thank the legislative staff who as- sisted in the preparation of this review. A word about effective and operative dates— Article III, section 27, of the Nebraska Constitution provides in part that, unless an emergency is declared, any bill passed by the Legislature takes effect three calendar months after the Legislature adjourns sine die. This year, the effective date for all enacted legislation that does not have (1) a specific operative date or (2) the emergency clause is September 1, 2007. Enacted legislation with a specific operative date takes effect on that date. If enacted legislation has no specific operative date but passes with the emergency clause, the measure takes effect the day after the Governor signs the measure. For example, if a bill passes with the emergency clause and the Governor signs the measure into law on May 31, the bill becomes effective June 1. i AGRICULTURE COMMITTEE Senator Philip Erdman, Chairperson ENACTED LEGISLATIVE BILLS LB 12—Change the Commercial Dog and Cat Operator Inspection Act (Mines, Cornett, Pahls, and Schimek) LB 12 amends the Commercial Dog and Cat Operator Act with the goal of eliminating “puppy mills.” “Puppy mill” is a negative term used to describe breeding operations that mistreat dogs and cats. Puppy mill owners often keep animals in overcrowded and un- clean conditions and breed females repeatedly. Under the bill, the Department of Agriculture can require an inspection of commercial kennels, including breeding and boarding kennels, shelters, and pet stores, at the time of the initial applica- tion for a license. In addition, the new law requires kennel inspections be done every two years. (Under prior law, inspections were done only in response to complaints about a particular kennel.) LB 12 also establishes a new fee schedule for kennel licenses. The fee for an initial kennel license is $125. Subsequent license fees will vary according to the number of animals housed by the kennel: (1) 10 or fewer cats or dogs, $150; (2) 11 to 50 cats or dogs, $200; and (3) more than 50 cats or dogs, $250. If a licensee does not house cats or dogs, the license fee is $150. The Director of Ag- riculture can increase or decrease any license fees after holding a public hearing for purposes of outlining the rationale behind the fee change; however, the maximum fee authorized by the act is $350. A violation of the act can result in a fine of up to $5,000. The bill is a response to the growth of puppy mills in the state. Proponents acknowledged that most breeders run good operations, and are responding to the market demand for pets throughout the country. However, backers of the bill want to crack down on unethical breeders, protecting consumers from buying animals with genetic defects and from the trauma and expense of owning a damaged pet. LB 12 passed 44-1 and was approved by the Governor on May 30, 2007. LB 25—Change Rabies Control Provisions to Include Hybrid Animals (Langemeier) Controlling the spread of rabies among hybrid dogs by requiring they be vaccinated is the intent of LB 25. The bill defines a hybrid animal to be the product of breeding between a domestic dog and a nondomestic canine species, such as a wolf or a coyote. Cur- 1 rently, no federally approved vaccine for hybrid dogs exists; there- fore, the bill delays implementation of the inoculation requirement until a scientifically reliable vaccine is developed. Once developed, hybrid dog owners will have one year to vaccinate their animals. Wolf-dogs are one of the most common hybrid dogs. Wolves and dogs can breed because they are genetically similar. Wolf-dogs are also controversial. Some think the animals are vicious and un- trainable. They point to the fact that attacks on people, mostly children, have resulted in severe injury, even death. Others say that wolf-dogs are merely an alternative exotic pet. They contend that the animals are generally docile and have dispositions that vary, just like dispositions of domestic dogs. LB 25 passed 41-1 and was approved by the Governor on April 4, 2007. LB 108—Change Provisions Relating to Fence Disputes (Agriculture Committee) LB 108 amends Nebraska’s fence law. Generally, fence law regu- lates boundary and fence disputes by providing procedures to be used when disputes between rural landowners cannot be resolved. Nebraska’s early fence law was considered to be “fence-out,” re- flecting the open range of settlement days. The law required landowners to fence agricultural land to keep out neighboring livestock. Current fence law is considered to be “fence-in,” and requires a landowner to fence his or her property to contain livestock, with the provision that landowners are obligated to share the cost and responsibility of building and maintaining fence that separates adjoining properties (division fence). However, rural-land use in Nebraska and throughout the country is no longer so exclusively agricultural. Rural land is increasingly used for residential purposes, such as acreages and ranchettes. Despite this fact, the state’s fence law has continued to obligate all rural residents to build and maintain fence, even if they do not benefit from it. The changes to the fence law included within LB 12 reflect the new uses of rural land. Neighboring landowners will continue to share the cost and maintenance of division fence, determining the exact arrangement themselves. However, if a dispute arises, the bill pre- scribes an equal (50-50) responsibility only if both landowners use division fence to contain livestock. LB 108 also ends the “fence viewer” system, by which county offi- cials or persons appointed to be “fence viewers” arbitrate fence disputes. System administrators have had difficulty attracting fence viewers, in part, because of fear of being drawn into a bitter fence dispute between neighbors. 2 Alternatively, LB 108 provides that a party in a fence dispute can bring an action in the county court where the land is located. The bill establishes a process by which a disputant may choose mediation under programs offered by the Department of Agriculture or the Office of Dispute Resolution. If an agreement is reached, the court will enter it as the judgment. If mediation is not chosen or is not successful, a civil action can proceed. LB 108 passed with the emergency clause 34-0 and was approved by the Governor on March 7, 2007. LB 435—Study Issues Relating to the Nebraska State Fairgrounds (Raikes, Avery, Dierks, Dubas, Fulton, Hudkins, Karpisek, McDonald, McGill, Nantkes, Schimek, and Wallman) The future of the Nebraska State Fair is the topic of LB 435. The debate is whether the fair should remain at its current, historically significant

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