UNICAMERAL UPDATE Stories published daily at Update.Legislature.ne.gov Vol. 38, Issue 18 / May 4 - 7, 2015 Budget package clears Senators allow second round of debate introduction of wastewater bill enators voted to suspend the Legislature’s rules May 7 to Spermit the introduction of a new bill. Traditionally, new bills may be introduced only during the first 10 days of the legislative session. Omaha Sen. moved to sus- pend the rules to introduce a new bill that would address the oil and gas industry’s disposal of wastewater in . Chambers said he wanted to ac- knowledge the outrage and anxiety From left: Sens. Jim Scheer, , Kate Sullivan and discuss education fund- created by a recent Nebraska Oil ing priorities in the state’s budget package. and Gas Conservation Commission decision to allow the disposal of awmakers amended and ad- The $12 million in additional wastewater from oil production into vanced several bills comprising revenue projected for the current fis- underground wells. the state’s $8.6 billion budget cal year is directed to the cash reserve L “The commission has shown a package May 6. The state budget is fund by law, he said, leaving approxi- blatant and contemptuous disregard structured on a two-year basis, with mately $9.7 million in additional pro- to the Legislature in general and the budget enacted during legislative jected revenue for the next fiscal year. our colleagues who have tried to ap- sessions held in odd-numbered years. Mello said the committee believed proach them about this,” he said. “I Among the amendments consid- that amount should be directed to want some official action taken by the ered on select file were adjustments property tax relief. Legislature to serve as notice to the offered by the Appropriations Com- “The Appropriations Committee commission and the people who have mittee. felt this was a responsible and sustain- shown concern about this matter that Chairperson Sen. Heath Mello able increase,” he said, adding that it the Legislature is not ignoring them of Omaha offered an amendment to would bring the property tax fund to- or the issue.” LB657, the mainline budget bill, to tal to $408 million for the biennium. The language proposed under the increase the property tax credit by $4 The amendment was adopted 34-0. new bill, LB664, would require any million each year of the biennium. Cedar Rapids Sen. Kate Sullivan company that applies to dispose of Mello said the state Economic offered an amendment that would wastewater in the state to provide a Forecasting Advisory Board met while have eliminated $500,000 per year in list of all chemicals present in the the budget package was being debated general funds for the Master Teacher wastewater. If approved, the company on general file and revised revenue Program Act and increase aid for spe- then would be required to provide projections upward over the next two cial education by the same amount. years. (continued page 2) (continued page 3)

INSIDE: Meet Sen. Hansen • Livestock development grants advanced • Fuel tax increase vetoed May 4 - 7, 2015 Budget package clears second round (continued from front page) Sullivan said that while national certification for teach- more students. ers is valuable, special education funding should be a Lincoln Sen. Kate Bolz, who originally proposed the higher priority use of state funds. Special education needs master teacher funding in her LB185, opposed the amend- continue to grow, she said, while federal funding shrinks. ment. Funding the program would benefit all students “[Special education] is one of the priorities that every through improved teacher effectiveness, she said, adding single school district in this state has to deal with,” Sullivan that the budget also contains an increase in special educa- said. “For what- tion funding. ever reason, there “I stand against are more and more this amendment children being because I don’t identified for spe- think it’s an ei- cial education.” ther/or conversa- Norfolk Sen. tion,” Bolz said. “I Jim Scheer sup- think it’s a both/ ported the amend- and conversa- ment, saying the tion.” master teacher The Sullivan program is not amendment failed “scalable.” He on a 20-16 vote said the program and LB657 ad- has been available vanced to final since 2000 and reading by voice Sen. Kate Sullivan stressed the importance only 113 teachers vote. Sen. Kate Bolz urged senators to retain mas- of special education funding. have completed it. ter teacher funding. The proposed appropriation would fund 100 additional Additional amendments teachers each year, he said, resulting in approximately 1,000 of the state’s 30,000 teachers being nationally certified by A Mello amendment to LB661 also sparked debate. the next decade. Among other provisions, the amendment would change cri- “What we’re talking about is a very small group of teach- teria relating to the Oral Health Training and Services Fund. ers,” Scheer said, adding that a direct increase in funding The budget appropriates $8 million to the Coordinat- for special education would make a positive impact on ing Commission for Postsecondary Education to develop, (continued next page) UNICAMERAL UPDATE The Unicameral Update is a free, weekly newsletter published during the legislative session. It is produced by the Clerk of the Legislature’s Office through the Unicameral Information Office. For print subscriptions, call 402-471-2788 or email [email protected]. Visit us online at Update.Legislature.ne.gov and follow us on Twitter.com/UnicamUpdate.

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

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

Senators may be contacted by mail at this address: Senator Name, District #, State Capitol, P.O. Box 94604, Lincoln, NE 68509-4604

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

PAGE 2 • UNICAMERAL UPDATE • 104TH LEGISLATURE May 4 - 7, 2015 award and administer a contract with “I am opposed to any money going Mello also offered an amendment a dental college to provide discounted to a private institution, and especially to LB656 to appropriate $385,000 to oral health services and oral health one that is sectarian,” he said. “There the Nebraska Educational Telecom- workforce development. should be a sharp line of demarca- munication Commission. The funds The amendment would require a tion—in fact a wall—between church would be used to replace a television minimum 10-year contract for provi- and state.” antenna that fell from a tower in April, sion of discounted oral health services. The amendment was adopted 30-2 he said, restoring over-the-air televi- In addition, dental students receiving and LB661 advanced by voice vote. sion service to the panhandle region education subsidies under the con- Also adopted was an amendment of the state. tract would be required to practice in offered by Mello to LB662, which Following adoption of the amend- a dental health profession shortage would transfer $7 million from the ment 34-0, the bill advanced by voice area for at least five years. cash reserve to the Nebraska Capital vote. Omaha Sen. Beau McCoy sup- Construction Fund. The funds would ported the amendment, saying it be directed toward the ongoing update Other provisions would ensure that the contract is open of the heating, ventilation and air- to both of the state’s dental colleges. conditioning (HVAC) system in the Also advanced to final reading by “I think that’s an appropriate use Capitol Building. voice vote were: of taxpayer dollars,” he said. Mello said the state has the oppor- • LB658, which would fund the Omaha Sen. opposed tunity to invest in a geothermal plant $12,000 annual salaries of Ne- the amendment, saying it failed to to provide more efficient, independent braska’s 49 state senators; address significant concerns regarding and reliable energy to the Capitol. • LB659, which would fund Creighton University that were raised Window restoration and moving and salaries and benefits for consti- during general file debate. A well- rental costs to temporarily relocate tutional officers; funded private, ecumenical institution offices during the HVAC project also • LB660, which would appropri- should not be eligible to receive state will be necessary, he said. ate funds for capital construc- funds, she said. “The returns on this investment tion and property acquisition; “That point is not reflected in this will result in energy cost savings over and amendment,” Cook said. the next 20 years,” he said. • LB663, which would increase Sen. Ernie Chambers of Omaha The amendment was adopted 30-1 Nebraska Supreme Court judg- agreed. and LB662 advanced by voice vote. es’ salaries. g

Senators allow introduction of wastewater bill (continued from front page) semiannual updates to the Legislature. Chambers said the exact language of the bill was likely to change dramatically, but that it would have a public hear- ing before the Legislature’s Natural Resources Committee during the interim to allow public input. Gering Sen. , who introduced LB572, also relating to wastewater disposal, supported the motion. He said that proprietary issues aside, it is reasonable for companies to disclose the chemical makeup of wastewater. “It’s been a contention by the commission that this pro- duced water is nontoxic, but we need to have 100 percent assurances that the water they’re putting into those wells is, in fact, nontoxic,” he said. Senators approved the motion on a 37-6 vote. g Sen. Ernie Chambers said allowing the introduction of the bill would show the public that the Legislature is listening to their conerns.

104TH LEGISLATURE • UNICAMERAL UPDATE • PAGE 3 May 4 - 7, 2015 Meet the Senator Hansen learns the ropes en. is the Legislature’s youngest sena- senator commanding center stage any time soon. He much tor, having graduated from Lincoln Southwest High prefers to work behind-the-scenes. SSchool in 2006. He continued on to the University “I resent people who think the technical side of theater of Nebraska—Lincoln, where he earned a bachelor’s degree is for actors who didn’t get cast,” he said with a grin. in psychology and political science. Later as a law student Like all new senators, Hansen is tasked with learning there, he specialized in alternative dispute resolution—not about a number of diverse issues in a very short time knowing how quickly the skill would serve him as a state period. Luckily, he’s been able to lean on his colleagues. senator. “It’s a strange experience to go from candidate to full- “If you had asked me even five years ago, I don’t know blown senator overnight,” he said. “I really appreciated if I would have predicted this office,” he said. the orientation process and having the opportunity to Getting involved in his northeast Lincoln neighbor- soak up as much knowledge as possible from current and hood of University Place, he saw how issues affected the former senators.” g people in his community. This inspired him to run for office. After his election, he learned his status as the youngest senator in the body by tradition deems him the chairperson of the Legislature’s smallest committee—the Enrollment and Re- view Committee. A committee of one, legislative rules indi- cate that the E&R chairperson is to: report bills which have been engrossed, correct the spelling of words and the erroneous division and hyphenation of words, capitalize or decapi- talize words, convert masculine or feminine referents to neutral gender when appropriate and change numbers from words to figures or from figures to words in legislation. Good thing Hansen likes details. As his tenure continues, he looks forward to applying his mediation experience to good use with his legislative colleagues. “I’ve always been interested in problem solv- ing,” he said. “I’m a details guy. I like getting down to the nitty gritty of an issue.” Before his new role as a senator, that atten- tion to detail drew Hansen to the theater. He takes special pleasure in working backstage for Lincoln Community Playhouse productions. He operated the light board for their 2013 run of “Little Women” and again for “Miss Nelson is Missing” this spring. But don’t expect to see this soft-spoken Sen. Hansen hiked in the Rocky Mountains last spring.

PAGE 4 • UNICAMERAL UPDATE • 104TH LEGISLATURE May 4 - 7, 2015

ects would be limited to one half of agreed, saying the bill appeared to the unobligated balance of the fund focus on developing larger livestock or $200,000, whichever is less. The operations and more consideration bill also would raise from $30,000 to should be given to niche agriculture $150,000 the tax credit cap allowed markets. Cattle brand inspection fee through the state’s rural development “Let’s have some larger diversity,” increased program for applications filed after Sullivan said. “What about the 58 Jan. 1, 2016. other counties that are also concerned Lawmakers passed a bill May 7 that Schilz said the bill provides county about rural development?” permits an increase of the cattle brand officials with a framework to carefully Johnson opposed the amend- inspection fee in Nebraska. control livestock development. He ment, saying the benefits of the grant Under LB85, in- said the bill targets counties in Ne- program would make the livestock troduced by Hyan- braska that are identified as livestock friendly certification more valuable nis Sen. Al Davis, friendly because those areas already and would encourage more counties the Nebraska Brand have completed state-required certifi- to seek the designation. Committee could cation demonstrating a commitment Senators rejected the Davis amend- charge as much as to the livestock industry. ment on a 7-14 vote. Davis then of- $1.10 per head for “Each county should be able to fered an amendment that included cattle brand inspec- Sen. Al Davis capitalize on its strengths,” Schilz said. only the provision to expand program tions. Currently, the fee is capped at “LB175 is the thoughtful approach to benefits for value-added agriculture, 75 cents per head. moving forward with livestock devel- local and regional food systems and The brand committee inspects cat- opment in the state.” certified organic food systems. It failed tle and investigates missing and stolen An Agriculture Committee amend- on a 21-10 vote. cattle in Nebraska. The organization is ment, adopted 32-0, removed the Senators then advanced LB175 to funded solely through the collection Commercial Feed Administration select file on a 37-0 vote. of fees for those services. Cash Fund as a revenue source for Senators passed the bill on a 44-0 the grants and clarified definitions of vote. livestock and livestock production to include dairy animals and commercial Livestock development grants production of dairy products and eggs. advanced Wahoo Sen. Jerry Johnson, chair- person of the committee, said making Business and tourism A measure that would encourage dairy projects eligible for grants could development bill approved livestock development in Nebraska encourage dairy farms to expand, advanced from general file May 4. which then could prompt more dairy The Legislature passed a bill May Introduced by Ogallala Sen. Ken processors to move to the state. 7 designed to stimulate business and Schilz, LB175 would authorize the Hyannis Sen. Al Davis introduced tourism development in Nebraska. state Department an amendment to remove the require- LB449, introduced by Omaha of Agriculture to ment that only livestock friendly coun- Sen. Heath Mello, award grants to ties could be eligible for grants and increases the maxi- counties designated expand eligible development projects mum amount of as livestock friendly. to include value-added agriculture, microloan funds Grants could be local and regional food systems and from $1 million awarded for strate- certified organic food systems. to $2 million that gic planning and Sen. Davis said an agriculture develop- could be awarded improvements to public infrastructure. ment program should benefit the annually by the Sen. Heath Mello Grants for strategic planning proj- entire state, not just the 29 counties state Department of Economic Devel- ects would be limited to $15,000 deemed livestock friendly. opment. The department is required each. Grants for infrastructure proj- Sen. Kate Sullivan of Cedar Rapids to increase from $500,000 to $1 mil-

104TH LEGISLATURE • UNICAMERAL UPDATE • PAGE 5 May 4 - 7, 2015 lion the minimum amount it awards said Nebraska’s workers’ compensa- each year and increase from $50,000 tion policies were last updated in to $100,000 individual microloan 1995. The amendment contained limits. provisions of four other bills. Other provisions of LB449 will Provisions of LB158, introduced by increase from $1 million to $4 million Omaha Sen. John McCollister, would the maximum amount the department New insurance producer deny benefits if may award annually through matching license approved an employee federal grant programs for: knowingly and Senators gave final approval May 7 • small business planning; willfully made to a bill that authorizes a new insur- • agriculture enterprise develop- false statements ance producer license in Nebraska. ment; regarding his or LB458, introduced by Seward • companies or individuals want- her physical or Sen. Mark Kolter- ing to market a product proto- medical condi- Sen. John McCollister man, authorizes type or process; tion by acknowledging that he or she is the state director • companies using Nebraska able to perform the essential functions of insurance to is- public or private colleges or of a job based on the employer’s job sue a limited lines university faculty and facilities description. travel insurance for new product research and Provisions of Omaha Sen. Jer- producer license. development; and emy Nordquist’s The new license Sen. • companies or individuals seek- LB363 would authorizes an individual or business ing to create a product proto- clarify that em- entity to sell, solicit or negotiate travel type developed in a Nebraska ployees are not re- insurance through a licensed insurer. business, or public or private sponsible for any A limited lines travel insurance college or university, in which finance charges producer and those registered under case the grant limit would or late penalty the producer’s license are exempt from be raised from $50,000 to payments as a re- Sen. Jeremy Nordquist examination, prelicensing education $150,000 per project. sult of medical services rendered by a and continuing education require- Additionally, the state Tourism provider. ments for producers. Commission is required to expand LB133, introduced by Crete Sen. The bill passed 48-0. the use of tourism promotion funds Laura Ebke, would for marketing assistance grants to com- revise the interest munities and organizations hosting rate applicable to events that have the potential to attract an award of work- large numbers of out-of-state visitors. ers’ compensation The bill also authorizes the com- benefits in which mission to appoint a special commit- Workers’ compensation an attorney’s fee tee to research which sites should be revisions advanced is permitted. The Sen. Laura Ebke designated as tourist attractions and provisions would change the rate use highway markers to identify them. A bill that would make changes from 14 percent to a rate calculation The commission is prohibited from relating to workers’ compensation ad- of 6 percentage points above the bond purchasing markers until funding is vanced from general investment yield, as published by the secured through gifts or other sources. file May 4. U.S. Secretary of Treasury. The cur- The state Department of Roads will Sponsored by rent judgment interest rate is 2.137 locate, install and maintain the mark- Omaha Sen. Burke percent. ers. The commission will reimburse Harr, LB480 was LB600, also by Ebke, would expand expenses incurred by the department. replaced by a com- the authority to invest trust assets held Lawmakers passed the bill with an mittee amendment in irrevocable workers’ compensation emergency clause on a 48-0 vote. on a 27-0 vote. Harr Sen. Burke Harr trusts to allow for investments in the

PAGE 6 • UNICAMERAL UPDATE • 104TH LEGISLATURE May 4 - 7, 2015 same manner as corporate trustees of Education for competitive direct the holding retirement or pension funds innovation grants; Education for governmental employees. If the as- • 9 percent to the Community Committee sets fall below the acceptable amount College Gap Assistance Pro- to study the required by the compensation court, gram; affordability the trustor would have to deposit ad- • 3 percent to the Learning In- of postsec- ditional assets to continue to satisfy novation Grant Program; ondary edu- the minimum security amounts re- • 8 percent to the Excellence in cation and Sen. quired. The provisions would prohibit Teaching Cash Fund; and explore strategies to address the a trustee from investing assets into • 62 percent to the Nebraska Op- high cost of education; stocks, bonds or other obligations of portunity Grant Fund. • LB379, in- the trustor. Grantees can be a school district, troduced Senators advanced the bill from an educational service unit (ESU) or a by Lincoln general file on a 30-0 vote. combination of entities that includes Sen. Kate at least one school district or ESU. The Bolz, which board will award grants to applicants will provide that are deemed innovative and to after school have a strong chance of success. and out-of- Sen. Kate Bolz The state Board of Education can school programming, funded designate an innovation project as a through school-community Reallocation of school lottery best practice. That program then will partnership grants; and funds approved be included as a best practice allow- • LB36, also introduced by Bolz, Lottery fund dollars dedicated to ance under the Tax Equity and Edu- which will provide funding to education will be reallocated under a cational Support Opportunities Act, community colleges to award bill passed by the Legislature May 7. beginning with school year 2021-22. gap assistance to students in LB519, intro- The bill also provides for the eligible non-credit accumulat- duced by Cedar Coordinating Commission for Post- ing programs. Rapids Sen. Kate secondary Education to establish a The bill passed on a 48-0 vote. Sullivan, directs similar competitive innovation grant funds to establish program. Grantees can be a public Lawmakers advance omnibus competitive inno- postsecondary education institution education bill vation grant pro- or a combination of entities that in- A bill that would make technical grams. Sen. Kate Sullivan clude at least one participating public The state Board of Education will postsecondary education institution. changes to existing education statutes establish a competitive innovation Provisions of LB527, also intro- was advanced from general file May 4. grant program with funding from the duced by Sullivan, are included in the Cedar Rapids Sen. Kate Sullivan Nebraska Education Improvement bill. These change the terms for loan introduced LB525, the Education Fund, created by LB519. An appropria- forgiveness under the Enhancing Ex- Committee’s annual “clean-up” bill. tion of $3 million will be transferred cellence in Teaching Program, decreas- The bill would clarify that any home- from the Education Innovation Fund ing the annual amount forgiven from less student must be admitted without to the Education Improvement Fund $3,000 to $1,500. Those qualifying charge to the district in which the stu- for fiscal year 2016-17. for accelerated loan forgiveness will dent is currently located or the school Money in the Education Improve- see a decrease from $6,000 to $1,500 where the student was last enrolled. ment Fund is allocated as follows: the first year and to $3,000 in subse- It also would allow an early child- • 1 percent to the state Depart- quent years. hood professional to report his or her ment of Education for the Ex- LB519 also incorporates provisions educational degrees or professional panded Learning Opportunity of several other bills, including: credentials, relevant training and work Grant Program Act; • LB380, introduced by Lincoln experience to the Nebraska Early Child- • 17 percent to the state Board Sen. Adam Morfeld, which will hood Professional Record System.

104TH LEGISLATURE • UNICAMERAL UPDATE • PAGE 7 May 4 - 7, 2015

An Education Committee amend- recommend curricular and ex- ment of implementation costs as- ment, adopted 32-0, added to the bill tracurricular material designed sociated with providing college- and provisions of LB524, also introduced to prevent cyber-bullying; and career-readiness programs under the by Sullivan, regarding the Community • LB410, introduced by Sullivan, amendment. Beginning July 2016, Eligibility Provision (CEP). CEP is a which would expand eligibility funding would be available for each federal program that allows school for the Access College Early student who successfully completes districts in which at least 40 percent Scholarship Program Act to a designated program of excellence, of students are defined as poverty stu- include students participating dual-enrollment course or career- dents to offer free meals to all students in a career academy or career readiness program. without collecting applications from path of study. Applications for reimbursement households. Omaha Sen. Tanya Cook intro- would be on a first come, first served To encourage participation in the duced an amend- basis and be limited to $2 million for program, the amended bill would ment, which incor- fiscal year 2016-17. After one year, the redefine low-income and poverty porated provisions program would need to be reautho- students under the Tax Equity and of her LB509. rized to continue. Educational Opportunities Support Currently, school Kolowski said that providing fund- Act (TEEOSA) to include students districts that spend ing outside of the TEEOSA formula that receive free meals under CEP. less than 50 percent would help all school districts, not Provisions of several additional of their poverty al- Sen. Tanya Cook just schools receiving equalization aid. bills also were incorporated under the lowance in a given year are disquali- “I’m confident that this innovative committee amendment, including: fied from receiving the allowance in way for funding rigor in our schools • LB526, introduced by Sullivan, the ensuing year under TEEOSA. will warrant future funding,” he said. which would clarify that an indi- The amendment would eliminate the Following the adoption of a tech- vidual holding a permit issued disqualification and instead impose a nical amendment, senators advanced by the Commission of Educa- 5 percent reduction in the allowance LB525 to select file on a 27-15 vote. tion would be included under upon failure to meet requirements. the definition of individuals Cook said school districts are un- certified to teach, administer or fairly expected to predict the future provide special services; under the current plan. • LB239, introduced by Malcolm “Current law threatens schools Sen. Ken Haar, which would re- with penalties if needs, expenditures allocate funds or plans change,” she said. “This generated would help to address generational Joint public agency bonding by solar and poverty while maintaining institu- powers changed wind energy tional accountability in our school agreements funding.” Lawmakers passed a bill May 7 that on school Senators adopted the Cook amend- changes the bonding power of a joint lands to as- ment on a 37-0 vote. public agency (JPA). sist schools Sen. Ken Haar Sen. of Omaha LB132, introduced by Crete Sen. in implementing an effective also introduced Laura Ebke, requires a JPA to fol- educator evaluation model; an amendment, low the bond is- • LB572, in- adopted 25-18, suance procedures troduced by which incorpo- required by law for Hyannis Sen. rated modified the participating Al Davis, provisions of his public agency from which would LB343 regarding which the JPA de- require the career-readiness Sen. Rick Kolowski rived taxation pow- state security programs. ers. Sen. Laura Ebke director to Sen. Al Davis Schools could apply for reimburse- Under the bill, a JPA may issue refunding bonds that are payable from

PAGE 8 • UNICAMERAL UPDATE • 104TH LEGISLATURE May 4 - 7, 2015 the same security and tax levy author- Election law changes amended, of elections that use mail-in ballots ity as bonds being refunded without advanced in an effort to save money. In many holding an election if the issuance of counties, he said, mail-in ballots are the refunding bonds does not allow A bill that makes a number of the only option available to voters. additional principal and does not technical changes to the state’s elec- Under the current system, he said, allow extension of the final maturity tion laws was amended and advanced a ballot is placed in a return envelope date of the indebtedness. from select file May 5. that includes the voter’s name and LB132 also specifies election pro- Gretna Sen. John Murante, sponsor address—thus it is not a secret ballot. cedures that will be required prior of LB575, said the “This is important because LB575 to a JPA issuing a general obligation bill is a “clean-up” expands again the number of elections bond paid by a property tax and clari- effort on behalf and the types of elections in which a fies the electorate that will vote on a of the secretary secret ballot is not available to voters,” bond issue if the participating public of state, election Schumacher said. agencies have overlapping jurisdiction commissioners Murante opposed the amendment, of a geographic area. and county clerks saying it was part of a bill that the The bill passed 47-1. across Nebraska. Sen. John Murante Government, Military and Veterans Columbus Sen. Paul Schumacher of- Affairs Committee chose not advance Irrigation district election fered an amendment during select file to general file. changes adopted debate contain- “That’s not to say that the prob- ing provisions of lem Sen. Schumacher has addressed Lawmakers approved a bill May 7 his LB121, which doesn’t have some merit—it does,” that clarifies requirements for irriga- would require a Murante said. “But this is not the tion district elections. secret-ballot en- proper way to go about solving it.” Among other velope in which Lincoln Sen. Kathy Campbell said provisions, LB561, to place mail-in lawmakers should work with county sponsored by Ger- ballots. Sen. Paul Schumacher election officials over the interim to ing Sen. John Under the amendment, a secret-bal- find an equitable, affordable solution. Stinner, allows an lot envelope means a ballot sleeve open “I don’t think that the counties are irrigation district only on one end or an envelope that: going to object to the policy [proposal] of less than 15,000 • is provided to the voter by that Sen. Schumacher is making,” acres to eliminate Sen. John Stinner the election commissioner or she said. subdistricts and hold at-large elections. county clerk; The amendment failed on a vote The bill specifies that in the case of • bears no characteristics that of 10-30. land owned or leased by a corporation, would identify the voter; Murante offered an amendment trust or other legal entity, the entity • could be used by a registered that would require election commis- will identify an elector-designee in voter to insert his or her voted sioners in counties with a population writing not less than 30 days prior to ballot before placing it in the more than 100,000 to wait 30 days an irrigation district election. return envelope to return the after leaving office before running for LB561 provides a process for de- ballot to the election commis- or holding elective office. termining who is entitled to vote if sioner or county clerk; and The amendment also would specify two or more persons claim conflicting • has a notch, cutout, window or that poll workers could allocate their rights to vote on the same acreage. The other design that permits exami- pay only to nonprofit entities and bill also allows irrigation districts, at nation of the ballot for the pres- correct an oversight to allow the state their discretion, to conduct elections ence of the authorized signature Department of Motor Vehicles to by mail. without requiring removal of furnish commercial driver’s license The bill passed 48-0. the ballot or revelation of any information to the secretary of state’s votes marked on the ballot. office for election law purposes. Schumacher said Nebraska con- The Murante amendment was sistently has increased the number adopted 28-0.

104TH LEGISLATURE • UNICAMERAL UPDATE • PAGE 9 May 4 - 7, 2015

LB575 also would: charged for an election from ing requirements for dentists and • clarify that vacancies for all $50 to $100. correlates incident reporting with the offices must be filled within The bill also contains provisions of new definitions. 45 days; two additional bills: Under the bill, a dentist licensed • replace “a majority” with “one- • LB514, originally introduced by in Nebraska is allowed to administer half or more” for vacancies that Omaha Sen. inhalation analgesia in the practice of trigger special election; Joni Craig- dentistry without a permit. • replace 10 days prior to election head, which The bill passed 47-0 and takes effect with “second Friday” as the would add July 1, 2016. deadline for write-in affidavits; an option • allow early voting requests to be for voters Behavioral health pilot submitted via e-mail; who wish to program extended • require voter history to be com- register to Sen. Joni Craighead pleted within 30 days rather vote and vote early on the same The termination date for a chil- than 60 days after an election; day; and dren’s behavioral health screening and • remove outdated language re- • LB319, introduced by Sen. Jim referral program was extended May 7. garding county commissioners; Smith of Papil- In 2013, the Legislature created • close the potential for fusion lion, which the Behavioral Health Screening and candidates; would permit Referral Pilot Program at the Univer- • remove a six-month restriction election by sity of Nebraska Medical Center to on an election commissioner mail for spe- develop ways to address unmet chil- being a candidate for or hold- cial elections dren’s behavioral ing elective office after leaving involving can- health needs that office; didates. Sen. Jim Smith could be replicated • remove primary election infor- LB575 advanced to final reading statewide. mation from early voter return by voice vote. LB240, intro- envelopes; and duced by Lincoln • add language allowing the Ne- Sen. Matt Hansen, braska secretary of state to des- extends the pro- Sen. Matt Hansen ignate a meeting location within gram’s termination date to Sept. 6, 2017. the Capitol building for state The bill passed 36-9. canvassing board meetings. As amended on general file, the Issuance of credentials based bill contains provisions of LB578, Changes to dental sedation on military service approved introduced by Murante, which would: approved • allow poll workers to choose Military education, training or Lawmakers gave final approval May not to be paid or to allocate service will result in issuance of health 7 to a bill that changes the permitting their pay to an organization profession credentials under a bill process for dentists to administer contracted to recruit poll works; passed May 7. sedation. • allow election officials and Under LB264, sponsored by Lin- LB80, introduced by Grand Island members of law enforcement to coln Sen. Adam Sen. , make copies of a voter’s registra- Morfeld, the skills replaces the current tion form for list maintenance and experience permitting process and law enforcement purposes; acquired through for general anes- • allow for the removal of certain military service will thesia with separate information on an early ballot be recognized for permits for mini- application; and the 34 health pro- mal, moderate and • raise the minimum rate that fessions that the Sen. Adam Morfeld deep sedation. The Sen. Mike Gloor a political subdivision can be state’s Uniform Credentialing Act bill also updates education and train-

PAGE 10 • UNICAMERAL UPDATE • 104TH LEGISLATURE May 4 - 7, 2015 oversees, beginning Dec. 15, 2015. assets from a trust prior to receiving a businesses,” he said. “Offering more Upon presentation of satisfactory waiver from DHHS if the trustee signs access would provide more value—not evidence that education, training or a recital under oath that no claims for only to landowners but to the local service completed by an applicant medical assistance exist. communities that would see business while a member of the armed forces The bill also requires that if a peti- increase.” or National Guard of any state is sub- tion is filed to determine inheritance A Schilz amendment, adopted stantially similar to that required for tax, notice of the hearing will be sent 34-0, replaced a pending Natural a credential, the state Department of to DHHS if the decedent was 55 or Resources Committee amendment Health and Human Services will ac- older or resided in a medical institu- and became the bill. It would define cept the education, training or service tion that potentially would subject inherent risk as any condition, danger toward the minimum standard for the them to debt for Medicaid services. or hazard that is an integral part of credential. LB72 passed on a 40-8 vote. land or water used for agritourism, The bill passed 48-0. including: • surface and subsurface condi- tions and natural conditions of land, vegetation and waters; • the behavior of wild or domestic animals; Limited liability for agritourism • the ordinary dangers of struc- advanced Medicaid reimbursement bill tures or equipment ordinarily approved used in farming or ranching Senators advanced a bill May 7 when such structures or equip- that is intended to remove obstacles A bill intended to close a loophole ment are used for farming or for landowners wishing to host farm that allows individuals to shield assets ranching purposes; and tours and events. from reimbursement for Medicaid- • the potential of a participant Under LB329, introduced by related services was amended and to act in a negligent way that Ogallala Sen. Ken advanced from select file May 4 and may contribute to injury of the Schilz, any owner given final approval May 7. participant or others. who allows visitors LB72, sponsored by Columbus Sen. Kate Bolz of Lincoln expressed on their land to par- Sen. Paul Schumacher, prohibits concern about potential dangers faced ticipate in agritour- a trustee of a by visitors who may be unfamiliar with ism activities would revocable trust standard operating procedures on not be liable for that has become farms or ranches. injury or death of Sen. Ken Schilz irrevocable due “Most families attending such a visitor resulting from inherent risk. to the death of activities would assume that it would Visitors must be warned of potential the trustor from be safe for their kids. We need to fig- dangers by a sign or in a contract by transferring trust ure out how to meet that expectation any owner that charges a fee for visitors property to a Sen. Paul Schumacher and ensure that their kids would be to participate. beneficiary prior to satisfaction of all protected to the greatest degree pos- Agritourism activities can include claims for Medicaid reimbursement. sible,” she said. hunting; horseback riding; camping; The state Department of Health The amendment further clarified birding; farm, ranch and vineyard and Human Services (DHHS) may that inherent risk would not include tours; harvest-your-own activities; fish- waive the restrictions within 60 days any act or omission of information ing; boating and other water sports. if there are no claims for Medicaid that occurred while a person was un- Schilz said a lack of clarity on land- reimbursement or insufficient assets der the influence of alcohol or illegal owners’ liability for accidents prevents to satisfy the claims. drugs, or any other illegal activity or many from going into agritourism. Schumacher offered an amend- action. “There is an increased demand for ment on select file, adopted 31-1, that Liability would not be limited for agritourism activities and we should allows certain trustees to distribute any owner who knows of potential find a way to increase access to these

104TH LEGISLATURE • UNICAMERAL UPDATE • PAGE 11 May 4 - 7, 2015 dangers and takes no action to cor- after 20 years. New judges would be rect those issues. Owners would be required to contribute 10 percent of liable for any actions that constitute their annual salaries to the retirement intentional or willful gross negligence. plan. Additionally, any owner who fails The bill would redirect certain to properly train or supervise employ- court fees from the state’s General Personal property tax ees actively engaged in agritourism Fund to the judges’ retirement plan. exemption advanced activities would be held liable under It also would assess a new $6 fee to LB329. each participant in adult and traffic Lawmakers gave first-round approv- Hyannis Sen. Al Davis supported pre-trial diversion programs and direct al to a bill May 4 that would provide the bill, saying that the high cost of the funds to the retirement fund. a tax exemption on the first $10,000 insurance keeps many people out of Nordquist said that raising and of personal property. the agritourism industry. redirecting court fees would give the LB259, as introduced by Grand “We’re trying to make this an af- judges’ retirement plan a long term Island Sen. Mike Gloor, would have fordable option for folks to start a funding source that could not be exempted the first business [with LB329], but maintain jeopardized by future budget compli- $25,000 of per- the protections for the people who cations that could affect general fund sonal property for may be injured if a landowner did not appropriations. each personal prop- warn or inform them of the proper Omaha Sen. Ernie Chambers said erty tax return filed procedures,” he said. the judicial branch of government with a county asses- Senators advanced the bill to select should be funded by taxes, not by the sor. Gloor said that file on a 33-1 vote. individuals who depend on judges’ the genesis of the Sen. Mike Gloor impartial and unbiased decisions. He exemption came from the Legislature’s filed a motion to indefinitely postpone 2013 Tax Modernization Committee. the bill. “We’re one of a few states that still “This tinkering with fees and court taxes agricultural personal property,” costs always is political, pure and he said. “This is a modest attempt at simple,” Chambers said. property tax relief and will provide Sen. Heath Mello of Omaha op- some degree of help to small busi- Judges’ retirement plan posed the motion, saying that court nesses and farmers.” revisions advance fees have been funding the retirement A Revenue Committee amend- fund since 1955. ment, adopted 27-1, reduced the Senators gave first-round approval “This is not new policy,” Mello exemption to the first $15,000 of May 4 to a bill that would change the said. personal property. It also prohibited retirement plan for Nebraska judges. The motion to indefinitely post- the inclusion of tangible personal Introduced by Omaha Sen. Jer- pone LB468 failed on a 0-32 vote. property valued at less than $1,000 emy Nordquist, Sen. Paul Schumacher of Colum- from any exemption filed. LB468 would bus introduced an amendment that Gloor introduced an amendment create a new tier would prohibit the use of fees assessed to the committee amendment, ad- of reduced ben- for enrollment in a pretrial diversion opted 27-0, that further reduced the efits for judges program to fund the judges’ retire- exemption to the first $10,000 of who become ment fund. After Nordquist said he personal property. As amended, the members of the would work with Schumacher on an average exemption would be $162. judges’ retire- Sen. Jeremy Nordquist amendment to bring on select file, Columbus Sen. Paul Schumacher ment plan on and after July 1, 2015. Schumacher withdrew the amend- supported the bill, saying that incre- The bill would require that the final ment. mental changes in the right direction retirement benefit be calculated using Senators then advanced the bill to are better than taking no action at all. an average of the five highest years of select file on a 37-1 vote. “There isn’t a great deal of flex- salary and that the contribution rate ibility in the system for tax relief for judges in this tier not decrease

PAGE 12 • UNICAMERAL UPDATE • 104TH LEGISLATURE May 4 - 7, 2015 unless there is some associated cut crease the available credit. A sliding tax credit program proposed by LB423 in spending on the other side of the scale would be used to determine was pending when he offered a motion equation,” he said. “This is not an the credit, beginning at 1 cent per to invoke cloture, or cease debate and earth-shattering tax relief package, kilowatt-hour during the first two years take an immediate vote on the bill. but it is a tax break that extends to of operation and reduce by .01 cent The motion failed 30-12. Thirty- all businesses and disproportionately every two years until the 10-year tax three votes were needed. helps small businesses.” credit expiration. A failed cloture motion prevents Following the adoption of a techni- Nordquist said the bill would in- further debate on the bill for the day. cal amendment, senators advanced the centivize renewable energy producers LB423 is unlikely to be scheduled for bill to select file on a 29-0 vote. to invest in the state. further debate this session. “If we don’t incentivize these proj- Fraternal benefit society ects, they won’t come here,” he said. Incremental fuel tax increase exemption adopted “There is no longer a federal tax credit of 1.5 cents vetoed in place so states have to compete Lawmakers passed a bill May 7 that and other states do incentivize these Lawmakers passed a bill May 7 provides tax relief to fraternal benefit projects.” that would increase the fixed fuel tax societies. The bill would add a second by 1.5 cents annually for four years. It LB414, intro- method of calculating the tax credit: a was vetoed later that day by Gov. Pete duced by Omaha one-time credit equal to 30 percent of Ricketts. Sen. Burke Harr, the total cost of construction of an eli- Currently, the fixed fuel tax ap- exempts all frater- gible facility, not to exceed $2 million. propriated to the state Department nal benefit societies It also would assign annual report- of Roads is 7.5 cents on each gallon from property taxes. ing duties to the state Department of of gasoline, while cities and counties State statute de- Sen. Burke Harr Revenue on the number of facilities are allocated 2.8 cents. fines a fraternal benefit society as any receiving the credits and the amount LB610, intro- incorporated, not-for-profit society, of credits earned and claimed. The duced by Papillion order or supreme lodge without capi- tax credit would have a sunset date of Sen. Jim Smith, tal stock that is conducted solely for Dec. 31, 2021. would increase the the benefit of its members and their Nordquist introduced an amend- tax allocated to the beneficiaries. ment, adopted 31-0, which further department by one- The bill passed on a 33-13 vote. reduced the proposed tax credit from half cent per gallon the bill’s original amount of 1.5 cents annually for four Sen. Jim Smith Cloture attempt on wind to .75 cents per kilowatt-hour gener- years and to cities and counties by energy tax credit fails ated. It also would limit a facility’s one-cent. tax credits to $1 million, taken over In his veto letter to the Legislature, After four hours of debate, an two years. Ricketts said that LB610 would in- attempt to force a vote on a bill that The amendment would further crease the state’s gas tax by 23 percent, would have increased the state’s pro- limit the total of the state’s new tax giving Nebraska the 16th highest gas duction tax credit for renewable elec- credits to $75 million each year. tax rate in the country and surpassing tric generation facilities failed May 5. Omaha Sen. John McCollister sup- the national average. Currently, renewable generation ported the amendment, saying that it He recommended that the state facilities can ap- made the bill better. look for more creative and innovative ply for a tax credit “The fiscal impact is still more than ways to address roads funding issues. of .05 cent per what I would have wanted, but this is “Last week, I appointed a new kilowatt-hour. a good compromise,” he said. director [to the state Department of LB423, intro- An amendment introduced by Roads],” Ricketts wrote. “I intention- duced by Omaha Nordquist to authorize the Legislative ally selected a forward-thinking leader Sen. Jeremy Nor- Performance Audit Committee to who will take a fresh approach to our dquist, would in- Sen. Jeremy Nordquist regularly audit the renewable energy state’s road construction needs. This

104TH LEGISLATURE • UNICAMERAL UPDATE • PAGE 13 May 4 - 7, 2015

is an area that is vital to our continued Mello, LB629 would designate a trans- $20,000 to $25,000 the annual TNC economic growth. I cannot, however, portation network registration fee and increase from support raising taxes as the first solu- company (TNC) as $500,000 to $1 million the minimum tion to this issue.” a new class of trans- primary liability insurance coverage The increase to cities and counties portation service a TNC must maintain for death, would total $4.2 million in fiscal year provider. A TNC personal injury and property damage. 2015-16, $16.9 million in FY2016-17, would fall under The amendment also would ex- $29.6 million in FY2017-18 and $42.3 the jurisdiction of pand the definition of personal ve- million in FY2018-19. the Public Service Sen. Heath Mello hicles used by TNC drivers to include The proposed change to the fixed Commission and be defined by the those that a driver owns, leases or is fuel tax would increase revenue to bill as a corporation, partnership or authorized to use. It excludes from the department by $2.1 million in other entity that uses an online appli- the definition of prearranged ride a FY2015-16, $8.5 million in FY2016-17, cation or digital network to connect shared expense carpool or vanpool $14.8 million in FY2017-18 and $21.2 riders to drivers for transportation arrangement. million in FY2018-19. service. Additionally, the amendment Senators passed the bill on a 26-15 The bill would establish regulations would require that a driver provide vote. Thirty votes are needed to over- for a TNC regarding stages of opera- the TNC with a signed confirmation ride a veto. tion, permits, insurance, driver back- that a vehicle lienholder had been ground checks, vehicle inspections, notified prior to a vehicle being used fee collection and complaint investiga- for a TNC. tion. TNC drivers in Nebraska would Mello said the amendment rep- be required to have a valid driver’s resents a compromise by TNCs, the license, proof of registration, proof of Public Service Commission and bank- automobile liability insurance and be ing and insurance industries. at least 21 years old. After adopting the amendment 34- Withdrawal from rail compact Mello introduced an amendment 0, senators advanced the bill to final approved on select file that would increase from reading by voice vote. g A bill that withdraws Nebraska’s membership from the Midwest In- terstate Passenger Live coverage of the Rail Compact was approved May 7. Legislature offered LB317, spon- for smartphones sored by Papillion Sen. Bill Kintner, he Nebraska Capitol Live app allows users of both Android authorizes the T and Apple products to stream all coverage of the Unicameral state’s withdrawal Sen. Bill Kintner from bill introduction to final reading. from the compact and takes effect July 1, 2018. Provided by the State of Nebraska and Nebraska Educational The bill passed on a 39-6 vote. Telecommunications (NET), the app is free and available from the Apple app store, iTunes and the Google Play store. It also provides Ride-sharing regulations live coverage of other state entities, including the Nebraska advanced Supreme Court and the governor’s hearing room.

Senators gave second-round ap- Additionally, NET Television proval May 5 to a bill that would continues to provide coverage authorize the state to regulate ride- from the Legislature via live sharing companies. broadcasts on NET2 World and Introduced by Omaha Sen. Heath its website at netNebraska.org.

PAGE 14 • UNICAMERAL UPDATE • 104TH LEGISLATURE May 4 - 7, 2015 Committee Hearings *Current hearing schedules are always available at: nebraskalegislature.gov/calendar Tuesday, May 12 Thursday, May 14 Monday, May 18 Health & Human Services General Affairs Business & Labor Room 2102 - 12:00 p.m. Room 1510 - 12:00 p.m. Room 2102 - 12:00 p.m. Appointment: Michael D. Bailey - Board Appointments: Terry L. Scoville, Paul Appointment: Blake, William G. - of Emergency Medical Services Leckband Commission of Industrial Relations Appointments: Hynes, Michelle Marie Appointment: James S. Brummer - Hynes, Sheree L. Keely - Foster Care State Electrical Board Nebraska Retirement Systems Advisory Committee Appointment: Janelle Beveridge - State Room 1525 - 8:30 a.m. Appointment: Jeremy Fitzpatrick - Racing Commission Appointments: Denis Blank, Dennis Commission for the Deaf and Hard of W. Leonard, Kelli Ackerman, J. Russell Hearing Judiciary Derr - Public Employees Retirement Room 1113 - 12:00 p.m. Board Wednesday, May 13 Appointments: Teresa L. Bittinger, Virgil General Affairs J. Patlan Sr. - Board of Parole Transportation & Telecommunications Room 1510 - 12:00 p.m. Room 1113 - 9:00 a.m. Appointments: Bruce D. Bailey, Janice Natural Resources Appointment: Ricky Pearson - Motor Wiebusch - Neb. Liquor Control Room 1525 - 8:30 a.m. Vehicle Industry Licensing Board Commission Appointments: Jim Hellbusch, Robert Appointment: Lisa Kramer - Board Appointment: Matthew Anselmo - Neb. F. Krohn - Neb. Environmental Trust of Public Roads Classifications and Commission on Problem Gambling Board Standards g Appointments: Timothy Hart, Jon Hinrichs, Pamela Price - Neb. Arts Council Appointment: Ourada, Tom - State Electrical Board Unicameral Youth Legislature

igh school students with an Registrants are encouraged to interest in law, government, apply for a Speaker Greg Adams leadershipH or public speaking are Civic Scholarship award, which encouraged to register for the 2015 covers the full cost of admission. Unicameral Youth Legislature, which Applicants must submit a short will convene June 7-10. essay. Other $100 scholarships are also available. The Unicameral Youth Legislature is a four-day legislative simulation con- The University of Nebraska– ducted at the State Capitol Building Lincoln’s Extension 4-H Youth and coordinated by the Clerk’s Office Development Office coordinates of the Nebraska Legislature. Student housing and recreational activities senators will sponsor bills, conduct for the camp as part of their Big committee hearings, debate legislalegisla- Red Summer Camps program. tion and discover the unique process of the nation’s only unicameral. Registration forms can be obtained from the Legislature’s Unicameral Students will learn about the inner Youth Legislature page: workings of the Legislature directly www.NebraskaLegislature.gov/uyl. from senators and staff. Bills will be based on legislation considered during The registration deadline is May 15. the current legislative session.

104TH LEGISLATURE • UNICAMERAL UPDATE • PAGE 15 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

Senators welcome fourth-graders who are observing the Legislature from the balcony during their field trip to the Capitol.