UNICAMERAL UPDATE Stories published daily at Update.Legislature.ne.gov Vol. 40, Issue 17 / Apr. 24 - 27, 2017 Mainline budget bill advanced after cloture cuts of $24.7 million to state agencies, $13 million to the university system and $9 million in foster care contracts with private providers of kinship place- ments for state wards. Stinner said the proposal reflects the committee’s commitment to K-12 education, property tax relief and continuing efforts to fix the state’s corrections system. State boards, com- missions and agencies were committed to making the budget work in difficult circumstances, he said. “To an agency, they expressed a concern about the budget,” Stinner Appropriations Committee chairperson Sen. answers a question from Sen. said. “They wanted to be part of the so- regarding Title X funding. lution with the budget and the deficit awmakers began debate April 25 from the Cash Reserve Fund to the shortfall, and they are really the ones on the state’s $8.9 billion bud- General Fund. that I want to acknowledge. They have Lget package. The state budget to carry the ball from here. They have is structured on a two-year basis, with Mainline budget bill to make the tough decisions based on a limited amount of resources.” the budget enacted during legislative LB327, introduced by Speaker Jim Debate focused on proposed chang- sessions held in odd-numbered years. Scheer on behalf of the governor, is the es to the Appropriations Committee As introduced, the Appropriations mainline budget bill. An Appropria- amendment. Committee budget proposal would tions Committee amendment replaced Sen. of Henderson, result in a financial status at the end of the bill and contains recommendations chairperson of the Transportation and fiscal year 2018-19 that is $3.5 million for state operations and state aid. Telecommunications Committee, of- above the 3 percent minimum reserve. Among other provisions, the fered an amendment that would have The budget package represents a 1.0 amendment includes the following reduced by $4.4 million in FY2017-18 percent growth rate in spending over increases to baseline appropriations and $2.1 million in FY2018-19 an appro- the biennium. over the biennium: priation from the Highway Cash Fund Gering Sen. John Stinner, chair- • $62.4 million for the Tax Equity to the Roads Operations Cash Fund. person of the Appropriations Com- and Educational Opportunities Friesen said the purpose of the mittee, said the goal of the proposed Support Act (TEEOSA); amendment was to prevent the use package was to return the budget to a • $35.6 million for Medicaid; of motor fuel tax receipts from being positive structural balance and meet • $15.4 million for staffing, pro- diverted for purposes other than roads the minimum reserve requirement in grams and equipment for the infrastructure. the face of a nearly $1 billion projected state Department of Correc- “The amendment properly adjusts budget shortfall. tional Services; and the Highway Cash Fund appropria- This was accomplished, he said, • $11.4 million for the courts un- tion to match program infrastructure by higher than normal transfers to der the Justice Reinvestment Act. projects and roads operations,” he the state’s general fund from agency Among other reductions, the said, adding that he had supported cash funds and a $172 million transfer amendment also includes proposed (continued page 2) INSIDE: Meet Sen. Linehan • Whiteclay public health task force approved • Drug overdose immunity passed April 24 - 27, 2017

(continuedMainline from front page) budget bill advanced after cloture the 2015 bill that increased the state’s roads, all aspects of government need Paul Schumacher was debated April motor fuel tax. to be included in the cuts necessary to 26. It would have removed a provision “I believed then and believe now balance the budget. stating that, to the extent permissible that the increase was good policy and “I don’t know how people can feel under applicable federal regulations, I’ve always been supportive of the con- that they don’t need to be part of the the state Department of Health and cept of the gas tax being used to pay solution,” he said. “We’re all in this Human Services (DHHS) is to pri- for roads and being solely dedicated together. We are slowing down the oritize the use of all funds associated to that purpose,” he said. growth of government with this bill.” with the Federal Title X Program to Friesen said that without the amend- Sen. of Lincoln also op- federally qualified health centers, ment – and another pending on LB331 posed the Friesen amendment, saying community health centers, hospitals, that would reduce transfers from the the committee’s proposal makes sig- tribal government entities and state Roads Operation Fund to the General nificant investments in roads funding and local government entities. Fund – the variable gas tax rate would elsewhere in the budget, including Title X funds are used to subsidize need to be set to match the higher adding Amazon sales tax revenue to Pap smears – and treatments and pro- appropriations and transfer levels, re- the State Highway Capital Improve- cedures for the follow-up of abnormal sulting in a higher overall gas tax rate. ment Fund. Brainard Sen. “Highway con- supported the amendment, saying struction [fund- the transfer in LB327 represents a ing] increases by “historic departure” from the policy $45 million for of using gas tax receipts solely for the biennium,” infrastructure needs. she said. “I just “This has the potential to have want everyone to detrimental impacts to various infra- work from the structure projects around the state,” facts.” he said, including the need to expand The amend- U.S. Highway 30 to accommodate ment was defeated agriculture needs and improve safety. on a 20-27 vote. Omaha Sen. Burke Harr opposed An amend- the amendment, saying that although ment brought by Sens. Kate Bolz and Bob Krist discuss the budget during general file he understands the importance of Columbus Sen. debate April 26. 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.

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PAGE 2 • UNICAMERAL UPDATE • 105TH LEGISLATURE April 24 - 27, 2017

bill that would have had a of government works.” focused public hearing, he Sen. of Lincoln said. agreed, saying the language that would “A budget should be be stricken by the Schumacher amend- about how we spend money, ment was included in the budget not about how we change bill as introduced. There was public policy on highly sensitive notice, he said, and an opportunity issues,” Schumacher said. for the public to be heard. More im- “This should not have been portantly, he said, the change is good tried this way.” public policy. Omaha Sen. Bob Krist “I think there’s a good case for why agreed, saying the language we would want to prioritize some of appeared to be targeted at a these centers,” Hilgers said, because specific provider of Title X they have a broader range of services services. than those that can be provided at “I think this is a deliber- stand-alone clinics. ate attempt to take funding The amendment was defeated on Columbus Sen. Paul Schumacher said stand-alone clinics away from Planned Parent- a vote of 17-19. provide important services for low-income Nebraskans. hood,” he said. “I think it’s Lincoln Sen. Patty Pansing Brooks Pap smears – as well as the diagnosis a deceitful way to do it.” then said she would offer an amend- and treatment of sexually transmitted Sen. of Gretna ment to add stand-alone clinics to the diseases, cancer screenings and family opposed the amendment, saying the list of entities that could be prioritized planning services. General funds pro- new language simply would prioritize for Title X funding and remove the vided under Title X cannot be used to how Title X funds are allocated and words “up to” before the amounts ap- perform, facilitate, counsel or refer for would not change the services that are propriated for the program. abortion services. provided or access to those services. She said the change would help en- Schumacher said the omission of In addition, he said, Appropriations sure that stand-alone clinics in Grand stand-alone clinics in the priority list Committee hearings are open to the Island, Kearney, Crete, and North would allow DHHS to de-fund enti- public. Platte could continue to operate so that ties that provide health care to tens “I don’t know how that process low-income women would not have to of thousands of low-income Nebraska differs from any other process on any travel long distances for services. women. Such a policy change should other bill that we’ve had this year,” “My intent with the amendment have come in the form of a legislative Murante said. “That’s how our system is to cover everyone who is currently covered,” Pansing Brooks said. After continued discussion, Nor- folk Sen. offered a motion to invoke cloture, or cease debate and vote on the bill. He encouraged sena- tors to work together before select file to find a solution to the Title X fund- ing issue and others. “This budget is going to drive the state of Nebraska for the next two years. What we do will have conse- quences ... for all Nebraskans, in one form or another,” Scheer said. “We have to show fiscal restraint; we also have to show compassion.” The cloture motion was adopted on Sens. Jim Scheer (left) and Bob Krist confer during debate on the mainline budget bill. (continued page 17)

105TH LEGISLATURE • UNICAMERAL UPDATE • PAGE 3 April 24 - 27, 2017 Meet the Senator Linehan trades federal experience for state service en. cannot remember a time when Hagel’s Omaha and Washington offices for a few years, she politics and history did not fascinate her. and her family moved to Fairfax, Va., in 2001. S She graduated from high school in May 1973, the At around the same time, the Bush administration month of the Watergate hearings in Washington, D.C. appointed Linehan to serve as deputy assistant secretary After waking at 5:30 every morning to help milk cows on at the U.S. State Department under Colin Powell. She her family’s dairy farm near Crab Orchard, she spent her worked as a liaison between the department and the Sen- afternoons in front of the television watching the hearings. ate for the next 18 months, until Hagel again asked her “I was just mesmerized by it all,” she said. to work for him. She was his chief of staff until 2007 and Linehan has been active in the state Republican Party then returned to the State Department. since she served as volunteer coordinator for Ally Milder In 2008, Linehan was assigned to Provincial Reconstruc- in the 1988 Republican congressional primary. Linehan tion Team Baghdad. She helped screen department man- became Milder’s campaign manager in 1990 when Milder agers being sent to Iraq and traveled around the country, ran for the 2nd District congressional seat. again acting as a liaison, this time with the Army. In early 1993, Linehan met a Nebraska businessman Linehan said the essence of her work at the State Depart- named Chuck Hagel who was interested in running for the ment was getting groups of people — diplomats, soldiers, U.S. Senate. He asked Linehan, who by then had developed politicians — to talk to each other and work together. a knack for running campaigns, to help him get elected. “That’s every success in life — and not just talking, but “I just want somebody who knows how to win a county listening,” she said. sheriff’s race — and you do,” he told her. Linehan retired from federal service in 2012 and returned Hagel won, becoming the first Nebraska Republican to Elkhorn, Nebraska. She had planned to spend more time elected to a Senate seat in 24 years. He asked Linehan to with her grandchildren, read books, garden and tutor dys- be his chief of staff and, after flying back and forth between lexic children — she had trouble reading as a child — but ran for office because she wants to reduce the state’s property and income taxes, which she says are unsustainably high. After spending years work- ing in the U.S. Senate, Linehan knew much of what to expect about working in a legislative body. One striking difference, Linehan said, is the efficiency of the Unicameral compared to the U.S. Congress. “It’s wonderful,” she said. “Compared to two houses? It’s much better.” Linehan said George Norris was right when he spoke of the murkiness of the conference com- mittee, in which legislation from the two houses of a bicameral legislature is reconciled in secret. “Everything here is right out Sen. Lou Ann Linehan spends an autumn day at the pumpkin patch with husband Kevin, son Patrick and grandsons Jack, Luke and Mitch. in the open,” she said. g

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institutional buyers. LB148 adds credit unions to the list of entities to which sales can be made without triggering registration requirements. Among numerous technical chang- Hybrid seed corn definitions, es and updates, the bill also: violations updated Insurance companies must cover telehealth • updates references to federal Senators passed a bill April 24 that securities acts and regulations; updates the definition of hybrid seed Lawmakers passed a bill April 24 that • authorizes the director of the corn and allows a restraining order or prohibits insurance providers from ex- state Department of Banking injunction to be imposed on anyone cluding coverage for a service based solely and Finance to issue a notice who sells or represents corn seed as on its deliverance through telehealth. of abandonment if an applicant a hybrid variety that does not meet LB92, sponsored by Seward Sen. for registration fails to respond identity standards. , requires health insur- to a notice within 100 days; and Introduced by Sen. of ance companies to • authorizes the department to Thurston, LB276 cover any service pro- deny, suspend or revoke the clarifies the defi- vided via telehealth registration of a broker-dealer, nition of hybrid if the service is cov- issuer-dealer, agent, investment seed corn and the ered for an in-person adviser or investment adviser process of cross consultation. The representative if the director fertilization as it bill also removes an finds that such person meets Sen. Mark Kolterman relates to hybrid existing Medicaid any one of 12 listed criteria. seed corn. Hybrid Sen. Joni Albrecht coverage restriction for children if a child The bill also included provisions seed corn is limited to seed of the first has access to services within 30 miles of Schumacher’s LB187 that increase generation of a cross involving two, of his or her place of residence. from $250,000 to $750,000 the cap on three or four different inbred lines of The bill does not apply to policies proceeds from all sales of securities by corn or their combinations. that provide coverage for a specified dis- an issuer under a registration exemption Under the bill, a district court in ease or other limited-benefit coverage. for small offerings. The capped amount the county where the violation occurs LB92 passed 49-0. could be increased in the future and a se- has jurisdiction to grant a restraining curity issued through an exempted trans- order or a temporary, permanent or Security law updates approved action will not be considered a security mandatory injunction against that for purposes of determining professional person. That is in addition to an Senators passed a bill April 24 that malpractice insurance premiums. existing criminal penalty against such makes updates to security law. The bill passed on a 49-0 vote. a violation. LB148, sponsored by Columbus Sen. The bill requires the state Depart- Paul Schumacher, Biotech startup funds, ment of Agriculture — when he or she is based on recom- economic development task has reasonable belief that a violation mendations from force approved is occurring — to report that belief to an interim study the attorney general or the county in 2016 and makes The Legislature gave final approval attorney in which the violation is numerous changes to a bill April 24 that provides finan- occurring. The attorney general or to the Nebraska cial assistance to county attorney then could pursue Securities Act. Sen. Paul Schumacher the state’s biosci- legal action. Current law excludes from the ence industry. The bill passed on a 49-0 vote. securities act individuals with no LB641, intro- place of business in the state who duced by Sen. Adam effect transactions exclusively with Morfeld of Lincoln, other broker-dealers, specified types creates the Biosci- of financial institutions and other ence Innovation Sen.

105TH LEGISLATURE • UNICAMERAL UPDATE • PAGE 5 April 24 - 27, 2017

Program under the Business Innova- than 100,000 people can apply for visions. Military veterans currently are tion Act. The bill creates a fund to pro- grant funds to build workforce hous- eligible for such a preference. vide financial assistance to bioscience- ing. Workforce housing is defined as Spouses of active-duty service mem- related businesses in the state. an owner-occupied home that costs no bers also are preference eligible during Funding for the program will come more than $275,000 to construct or a the service member’s active-duty term from loan repayments to the Nebraska rental housing unit that cost no more and for the first 180 days immedi- Progress Loan Fund as authorized than $200,000 to construct. ately following the service member’s by the federal Small Business Credit Grants will be available to non- discharge or separation from service. Initiative Act. The state Department profit development organizations in The bill passed on a 48-0 vote. of Economic Development estimates eligible communities. The maximum that approximately $1.5 million in amount awarded may not exceed $1 loan repayments will be received in million to any one organization over fiscal year 2017-18 and $1 million in a two-year period and no more than FY2018-19. The program will termi- $2 million through fiscal year 2020- nate after its funds are exhausted. 21. Eligible applicants must provide Physical restraint of unruly The bill includes provisions of one-to-one matching funds to be students debated LB230, introduced by Sen. Dan Wa- considered for a grant. termeier of Syra- Priority will be given to commu- Lawmakers debated a bill April cuse, that creates nities that have demonstrated an 24 that would authorize teachers to a task force that ongoing need for housing through a restrain violent students and remove will work with the housing study, a low unemployment unruly students from the classroom state departments rate, difficulty filling vacancies, a without facing legal action. of Economic De- demonstrated commitment to growing Introduced by Sen. velopment and their housing markets and potential of North Platte, LB595 would al- Labor to identify Sen. projects that could be ready for oc- low teachers and the state’s economic development cupancy within two years. administrators to priorities. The task force will meet The bill also creates the Rural use physical force at least every three months when the Workforce Investment Fund, which or restraint to sub- Legislature is not in session. will be funded by a one-time transfer due a student who Senators voted 31-5 to pass the bill. of $7 million from the Affordable becomes violent Housing Trust Fund. toward himself or LB518 passed on a 49-0 vote. herself, another Sen. Mike Groene student, a teacher or an administrator. Employment preference A teacher or administrator also could approved for military spouses restrain a student who is destroying Grants to address rural school property. housing shortage authorized A bill intended to help military The proposal also would allow a families become established in Ne- teacher to remove a student from class Grant funds for communities braska was passed by the Legislature if the student’s behavior has repeatedly looking to address workforce hous- April 24. interfered with the teacher’s ability to ing shortages were authorized under LB639, introduced by Brainard communicate with students or with legislation passed Sen. Bruce Bostel- other students’ ability to learn. April 24. man, gives pref- Groene said he brought the bill Under LB518, erence to active- after discussions with teachers and introduced by duty service mem- parents about situations in which Gothenburg Sen. bers when seeking violent or unruly students threatened Matt Williams, ru- employment with the safety of a classroom or the ability ral communities in the state or its gov- of other students to learn. Teachers counties of fewer Sen. Matt Williams ernmental subdi- Sen. Bruce Bostelman technically are allowed to use physical

PAGE 6 • UNICAMERAL UPDATE • 105TH LEGISLATURE April 24 - 27, 2017 force to stop a violent student, he said, intent is not to give teachers license to administrators precise guidance on but many do not know that or do not hurt children but to provide teachers what actions they can take to control take action for fear of a lawsuit. with protection from prosecution if a classroom. LB595 does not provide “Nebraska’s teachers want statu- they remove a violent or unruly student a standard that defines or describes tory guidance as to what they can do to from the classroom in a reasonable way. the use of force by school staff or the maintain civility in their classrooms,” “I do not believe that this is a bill student actions that would justify it, Groene said. that permits a child to be injured by he added. A student removed from a class- any means by any adult in the class- “When you talk about physical room for disruptive behavior could room but [that it] prevents them from force, you have to have standards,” be placed into another classroom, injury,” Brasch said. Chambers said. “You have to have in-school suspension or an alternative Sen. of Lincoln opposed definitions.” education program, but a principal the bill, saying that minority students, Chambers filed a motion to recom- could not return the student to the the disabled and those with mental mit the bill to the Education Commit- classroom from which he or she was re- health problems are most likely to tee, saying that a vote on the motion moved without the teacher’s consent. be subjected to physical handling by could show whether the bill had the 33 A pending Education Commit- school staff. supporters needed to break a filibus- tee amendment would clarify that a “Physical restraint of students as ter. Chambers’ motion failed 14-24. teacher or administrator would be a classroom management technique The Legislature adjourned for the protected from legal action or admin- is ill-advised,” he said. “The skilled day before taking further action on istrative discipline only if he or she was teacher wants to de-escalate aggressive the bill. acting in a reasonable manner. behavior, not escalate.” The amendment also would clarify Baker said state law already allows that students would be allowed to re- teachers and administrators to take turn to a classroom without a teacher’s actions that are reasonably necessary consent if required by the Special Edu- to aid a student or to prevent interfer- cation Act or federal Individuals with ence with the educational process. Donation of Norfolk property to Disabilities Education Act. If a teacher A 1999 Nebraska Supreme Court community college approved refuses to consent, a conference would case determined that current law au- be held within two school days with thorizes teachers and administrators to A bill that directs the state to the teacher, principal and parents or use physical contact short of corporal donate 43 acres of excess land at the legal guardian to develop a plan that punishment to the degree necessary Norfolk Regional Center to Northeast addresses the student’s conduct. The to preserve order and control in the Community College passed April 24. principal could re-admit the student school environment, he said. Baker Introduced by Norfolk Sen. Jim to the classroom after the conference. introduced an amendment that would Scheer, LB376 Albion Sen. supported put language from that case into requires the state the proposal, saying that it would statute. Department of help teachers remove unruly students Sen. of Fremont also Administrative who interfere with their classmates’ opposed the bill, saying that it ignores Services to seek education. By authorizing teachers to the root of student behavioral prob- authorization from use only reasonable force, he said, the lems: the lack of mental health and the governor and committee amendment would ensure behavioral health services in schools. the Legislature to Sen. Jim Scheer teachers are held accountable for their “We need to concentrate on how donate the land, which will be used actions. we can proactively alleviate the behav- to develop a technology park. “We need to give our teachers the ior situations, rather than regressing to If the community college sells the tools they need to control the class- punitive alternatives found in LB595,” property within 10 years after the do- room,” he said. she said. nation, all proceeds will be remitted Sen. of Bancroft also Also in opposition was Omaha to the state’s General Fund. supported the bill and the committee Sen. , who said that The bill passed on a 43-0 vote and amendment. She said the proposal’s the 1999 ruling gives teachers and takes effect immediately.

105TH LEGISLATURE • UNICAMERAL UPDATE • PAGE 7 April 24 - 27, 2017

Whiteclay public health task tem expanded reporting capabilities to the primary elec- force approved was passed by the Legislature April 24. tion ballot if a party Currently, the inspector general’s has at least 10,000 A special task force to research the office investigates allegations of pos- registered members public health implications of alcohol sible misconduct, malfeasance, statute as indicated by state sales on the Whiteclay community was violations, injury and deaths that voting records. authorized by legislation passed April 24. occur in the state’s facilities. The find- Ebke said the The unincorporated village of White- ings are then published in the office’s bill would allow Sen. Laura Ebke clay, Nebraska is home to four liquor annual report. maintenance of ballot access for parties stores despite having a population of only LB539, introduced by Omaha Sen. so that they can field candidates at all 11 people. Although alcohol is banned Bob Krist, expands levels in Nebraska primary elections. on the Pine Ridge Reservation, a large the reporting re- The bill passed 48-0. number of tribal members travel the two quirement to in- miles across the South Dakota border to clude all cases that Ex-felon voter waiting period patronize Whiteclay’s liquor stores. result in death, seri- eliminated The state Liquor Control Commis- ous injury, hospital- sion unanimously denied the renewal ization or urgent A bill that restores voting rights of liquor licenses for the four stores medical treatment Sen. Bob Krist upon completion of a felony sentence April 19. An appeal is expected. required by an employee acting in his or probation was LB407, introduced by Lincoln Sen. or her official capacity. given final approval Patty Pansing Brooks, will examine the The inspector general may release April 24. impact of alcohol investigative findings if it is deter- LB75, introduced sales in Whiteclay mined to be in the public’s best inter- by Omaha Sen. Justin and its surround- est. The bill also protects employees Wayne, eliminates ing communities who provide information for such the current two-year and make recom- a report from negative employment waiting period. Sen. Justin Wayne mendations to consequences. The bill passed on a 27-13 vote. the Legislature The bill passed on a 42-2 vote. on how to solve Sen. Patty Pansing Brooks Agencies must report the economic and social issues facing corrective action after audit the area. Members of the task force will collect, examine and analyze data on A bill intended to make audited fetal alcohol syndrome rates, access to agencies more responsive to recom- treatment services and the risk of alco- mendations by the state auditor’s holism for children raised in the area. Third-party candidates to office was passed April 24. The task force will include the have greater ballot access As introduced by Sen. John Stinner chairpersons of the Legislature’s State- of Gering, LB151 requires entities sub- Tribal Relations, Health and Human A bill intended to ease ballot access ject to a comment or recommendation Services, Appropriations and Judiciary for third-party political candidates was by the auditor of public accounts to committees. An additional member of passed by the Legislature April 24. electronically submit a written report the State-Tribal Relations Committee Under current law, a candidate detailing any corrective action it has also will serve on the task force. who is a registered voter of a particu- taken or plans to take in response. The bill passed on a 48-0 vote. lar political party may be placed on a State colleges and the University of primary election ballot in Nebraska if Nebraska are excluded from the re- Reporting authority expanded the party received at least 5 percent of quirement. Agencies must submit the for inspector general the total votes cast in either of the two report no more than six months after previous statewide elections. the comment or recommendation A bill that gives the inspector gen- LB34, introduced by Crete Sen. was issued. eral of the Nebraska Correctional Sys- Laura Ebke, automatically allows access The auditor of public accounts

PAGE 8 • UNICAMERAL UPDATE • 105TH LEGISLATURE April 24 - 27, 2017 then will evaluate the report and sub- records contained in working papers. • a review of revenue in the State mit findings to the governor and the Senators voted 49-0 to pass the bill. Visitors Promotion Cash Fund appropriate legislative committee. The available for tourism develop- bill also requires the auditor to deliver Tourism Commission to be ment at the state level; and the report to the Legislature’s Appro- restructured • recommended strategies to priations Committee so that it may provide technical assistance, be entered into the record during the A restructuring of the Nebraska marketing services and state aid committee’s budget hearing process. Tourism Commission was approved to local governments and the The bill was amended to include by lawmakers April 24. tourism industry in Nebraska. provisions from four additional bills. LB222, introduced by Gering Sen. LB222 passed 48-0. LB27, introduced by Sen. John John Stinner, expands the commis- Murante of Gretna, allows the state sion’s membership Veterans’ services to be auditor’s office to penalize governing from nine to 11 consolidated bodies that do not provide the auditor governor-appoint- with requested information regarding ed members. Four A bill to consolidate veterans’ trade names under which the body are required to services in Nebraska was given final operates and any interlocal agreements have professional, approval April 24. to which it is a party by Sept. 20 of volunteer or pub- LB340, introduced by Gretna Sen. each year. The auditor may assess a late lic-service experi- Sen. John Stinner John Murante on fee of $20 per day, up to a maximum ence related to the governance duties behalf of the gov- penalty of $2,000. of the commission and seven must be ernor, transfers all LB89, introduced by Sen. Dan affiliated with the tourism industry. programs, services Hughes of Venango, reduces the peri- Thirty days after its effective date, and duties of the od of public notice the bill will dissolve the current com- state Department that a governing mission membership and create 11 of Health and Hu- body is required districts based on geography and tax man Services Divi- Sen. John Murante to provide before lodging revenues to ensure statewide sion of Veterans’ Homes to the state holding a hearing representation. Members will serve Department of Veterans’ Affairs, on its proposed four-year terms and be limited to two effective July 1, 2017. budget statement successive terms. The bill also creates the Depart- from at least five Sen. Dan Hughes The bill also clarifies grant guide- ment of Veterans’ Affairs Cash Fund days to at least four calendar days. lines, requires the commission to to receive all money paid to the state LB90, also sponsored by Hughes, adopt written policies governing by members of the Nebraska veterans’ requires a public entity under audit or expenditure of appropriated funds homes. Division employees will be examination by the auditor of public and stipulates that contracts awarded considered employees of the Depart- accounts to provide the auditor with by the commission follow rules es- ment of Veterans’ Affairs after the accommodations at the location where tablished by the state Department of transition and retain their rights and the requested records are kept. The Administrative Services. service under the state personnel accommodations must include desks The commission is required to system. or tables and chairs, electrical outlets review its strategic plan annually and LB340 passed on a 49-0 vote. and internet access if it is available. update as necessary. Under the bill, LB101, also introduced by Stinner, the strategic plan must include: Election administration prohibits state agencies from extend- • marketing strategies for promot- clarifications advanced ing a contract for services for a period ing tourism; of more than 50 percent of the initial • methods to expand existing The Legislature advanced a bill from contract term. tourism capacity; general file April 25 that would change As amended, LB151 also prohibits • an examination of best manage- how legislative vacancies are filled. the auditor of public accounts from ment practices for the tourism Currently, when a legislative seat revealing sealed or confidential court industry; becomes vacant, the governor appoints

105TH LEGISLATURE • UNICAMERAL UPDATE • PAGE 9 April 24 - 27, 2017 a person to serve in that seat. If the filled in an upcoming election. The pro- vacancy is created more than 60 days vision would apply to each reclamation before a general election, then the seat district, county weed district, village, would be permanently filled by the county under township organization, candidate who wins the election. If it public power district with an annual 60 days or less before a general election, gross revenue of less than $40 million Omnibus health licensing bill the appointee serves the rest of the term. and educational service unit. approved LB451, introduced by Gretna Sen. Finally, the bill makes several John Murante, would set an earlier technical changes to the delivery and An omnibus health care licensure deadline of Feb. 1. He said the bill would returning of early voting ballots. bill was given final approval April 24. provide more time for commissioners to A Government, Military and Vet- Introduced by properly administer elections and for erans Affairs Committee amendment Bellevue Sen. Carol voters to make well-informed choices as would remove provisions from the bill Blood, LB88 allows to their elected representatives. allowing election commissioners to military spouses to The provisions for filling legislative file for office, while still allowing them obtain temporary vacancies also would apply to the Uni- to campaign for that office. licensure in Nebras- versity of Nebraska’s Board of Regents. The committee amendment also ka in a variety of Omaha Sen. opposed incorporated into the bill provisions health professions Sen. changing the process for filling legis- of LB314, also introduced by Murante, under the Uniform Credentialing Act. lative vacancies. He said constituents which lengthened the time before an The bill includes provisions from should have a say in who represents election in which a city must file a pro- four other measures: them as soon as reasonably possible. posed economic development plan with • LB61, introduced by Seward “I’m concerned that the alternative the election commissioner or county Sen. Mark Kolterman, which to making sure there’s enough time and clerk. As amended, the plan must be authorizes Nebraska to join the the right process in place is an appointed filed no later than 50 days prior to a Interstate Medical Licensure person would serve longer,” he said. special election, no later than March 1 Compact; “That doesn’t really give the public more prior to a primary election and no later • LB425, introduced by Bel- control over who is serving the district.” than Sept. 1 prior to a general election. levue Sen. Murante and Vargas agreed to work The amendment also would increase Sue Craw- on a compromise amendment before the number of days prior to an election ford, which the bill is debated again. that an election notice must appear in updates pro- The bill would enable county elec- the relevant newspaper from 40 to 42. visions for li- tion commissioners to run for elected Sen. of Lincoln censure and office in counties of more than 100,000 expressed concern that allowing elec- practice re- people. Douglas, Sarpy and Lancaster tion commissioners to campaign for quirements Sen. are the only counties that currently office while serving in their official within the current Nurse Prac- meet the population threshold. capacity could create an appearance titioner Practice Act; Candidates filing for political office of impropriety. • LB283, introduced by Ralston would be required to file a statement In response, Murante introduced Sen. Merv of financial interest before March 1 an amendment that would com- Riepe, which of the year in which the election will pletely reinstate the prohibition on allows li- be held, or before filing for election, election commissioners filing for and censed prac- if the filing deadline is after March 1. campaigning for elected office while tical nurses Failure to do so would result in the serving as commissioner. to provide candidate not appearing on the ballot. Following the adoption of the intravenous The bill also would change from July Murante amendment on a 30-0 vote, therapy and Sen. 1 to June 15 the date in even-numbered senators adopted the committee would eliminate the Licensed years that certain political subdivisions amendment 34-0 and advanced the Practical Nurse-Certified Prac- must certify the political offices to be bill to select file 37-0. tice Act; and

PAGE 10 • UNICAMERAL UPDATE • 105TH LEGISLATURE April 24 - 27, 2017

• LB342, in- The bill includes provisions of a qualified licensed health care troduced by Hilkemann’s LB401, which adds practitioner to provide pharma- Bayard Sen. X-linked adrenoleukodystrophy (X- ceutical care independently; and Steve Erd- ALD), mucopolysaccharidoses type 1 • requires that a registered phar- man, which (MPS-1) and Pompe disease to the list macy in which controlled sub- amends por- of diseases screened for by the state’s stances are stored or dispensed tions of the screening program. complete a controlled-substances state’s Nurse Sen. The bill also raises the maximum inventory when there is a change Practice Act to allow Nebraska fee that can be charged by the state in the pharmacist in charge. to join the Enhanced Nurse Li- Department of Health and Human The bill also clarifies that a Sched- censure Compact when it takes Services to administer the newborn ule II controlled substance may be effect — either on Dec. 31, 2018, screening program. The fee, currently dispensed in an emergency situation or when 26 states have joined. capped at $10, may be raised to $20 in which a prescribing practitioner The bill removes a requirement under the bill. determines that no appropriate alter- that a licensed audiologist obtain a LB91 passed on a 48-0 vote. native treatment is available, immedi- second, specialist license in order to ate administration of the controlled sell hearing instruments. Pharmacy regulations updated substance is necessary and it is not It also removes a requirement that possible to provide a signed prescrip- nurses educated in a foreign country State law regulating pharmacy prac- tion for the dispenser. pass a specific examination or hold tice in Nebraska was updated by a bill LB166 passed on a 49-0 vote and a certificate from the Commission passed April 24. takes effect immediately. on Graduates of Foreign Nursing LB166, intro- Schools. Instead, an applicant will duced by Seward Breast density notification be required to pass a board-approved Sen. Mark Kolter- required examination and provide satisfactory man, amends and evaluation from a board-approved updates the Phar- A bill that requires mammography foreign credentials evaluation service. macy Practice Act patients to be notified of their breast LB88 passed on a 49-0 vote and and the Uniform Sen. Mark Kolterman density was given final approval by takes effect immediately. Controlled Substances Act. lawmakers April 24. Among other provisions, the bill: LB195, sponsored by Omaha Sen. Newborn health screening • requires that a pharmacist in- Joni Craighead, requirements updated tern be supervised at all times; requires all health • allows a hospital to provide the care facilities that Lawmakers passed a bill April 24 unused portion of a drug to a perform mammog- that changes provisions related to patient upon discharge under raphy to include in infant health screenings in Nebraska. certain circumstances; the mammography LB91, sponsored by Omaha Sen. • allows more than one drug to be report the patient’s , updates the placed in a container in certain individual breast Sen. Joni Craighead definition of in- circumstances; tissue classification based on the herited or con- • specifies that 60 days be the Breast Imaging Reporting and Data genital infant or quantity of drug indicated for a System established by the American childhood-onset long-term care facility resident; College of Radiology. diseases and de- • extends the time available to The bill passed 48-0. fines pharmaceu- fill the remainder of a partially tically manufac- dispensed controlled substance Child welfare changes approved tured foods as Sen. Robert Hilkemann prescription from 72 hours to 30 those that are chemically synthesized days after the prescription date; Several changes to the state’s child or processed for the treatment of in- • authorizes a pharmacist to enter welfare system were approved under a born errors in metabolism. into a practice agreement with bill passed April 24.

105TH LEGISLATURE • UNICAMERAL UPDATE • PAGE 11 April 24 - 27, 2017

LB225, spon- Sen. Merv Riepe, allows DHHS • replaces the term “nursing assis- sored by Bellevue to charge a maximum $3 fee to tant” with “nurse aid” in state law; Sen. Sue Craw- conduct a central registry check. • provides for electronic noti- ford, extends an al- The bill passed 48-0. fications under the Uniform ternative response Credentialing Act; pilot program and Nursing home flu shot • removes the term “companion” authorizes it to be requirements expanded and make various changes to used statewide. Sen. Sue Crawford the newly-named Senior Volun- Alternative response allows the state A requirement for offering onsite teer Program Act; and Department of Health and Human Ser- flu shots in Nebraska was expanded • mandates that the department vices to provide services to families that by a bill passed April 24. make aging services annual meet certain screening requirements Current law requires all hospitals, grants in an amount not to ex- and are the subject of a child abuse or intermediate care facilities and nurs- ceed $25,000. neglect investigation where the risk to ing and skilled nursing facilities to LB417 passed on a 47-0 vote. the child is considered minimal. offer onsite influenza and pneumococ- The bill expands Nebraska’s alter- cal disease vaccinations to residents Perinatal hospice bill approved native response pilot to a statewide and inpatients prior to discharge. program and extends the authorized LB267, introduced by Elkhorn A bill that would provide informa- use of alternative response until Dec. Sen. Lou Ann Linehan, expands the tion regarding perinatal hospice to a 31, 2020. The bill also requires that the influenza vaccina- pregnant woman diagnosed with a le- mandatory evaluation of the program tion requirement thal fetal anomaly was passed April 24. be presented to the Nebraska Chil- to all nursing and Under LB506, introduced by Thur- dren’s Commission by Nov. 15, 2018. skilled nursing fa- ston Sen. Joni Albrecht, a physician who The bill includes three additional cility employees. diagnoses a lethal child-welfare related measures: Facilities are not fetal anomaly may • LB297, sponsored by Omaha required to offer provide information Sen. John vaccines if contra- Sen. Lou Ann Linehan regarding perinatal McCollister, indicated in an individual case or if hospice services, creates the there is a national vaccine shortage. which the bill de- Children The bill passed on a 48-0 vote. fines as comprehen- and Juve- sive support from Sen. Joni Albrecht niles Data HHS clean-up bill approved the time of diagnosis through the death Feasibility of an infant and the postpartum period. Study Advi- Sen. John McCollister A bill intended to improve the A lethal fetal anomaly is defined sory Group as a pilot project; efficiency of the state Department of as a condition diagnosed before birth • LB298, sponsored by Lincoln Health and Human Services was given that will — with reasonable certainty — Sen. Roy Bak- final approval April 24. result in the death of an unborn child er, renames LB417, introduced by Ralston within three months of birth. the Normalcy Sen. Merv Reipe, Under the bill, the state Depart- Task Force as makes numerous ment of Health and Human Services the Nebraska technical changes, (DHHS) is required to provide an Strengthen- incorporates op- information support sheet of available ing Families erational efficien- programs and services, which also will Act Commit- Sen. Roy Baker cies and removes be posted on the department website. tee under the Nebraska Chil- outdated reporting The bill also contains provisions dren’s Commission and adds a requirements. Sen. Merv Riepe of LB287, introduced by Lincoln Sen. juvenile facility representative Among other provisions, the bill: , that allow the DHHS to the committee; and • eliminates waiver reporting re- Child and Maternal Death Review • LB336, sponsored by Ralston quirements for relative foster care; Team to enter into written agreements

PAGE 12 • UNICAMERAL UPDATE • 105TH LEGISLATURE April 24 - 27, 2017 to provide secure time to seek damages file April 25. ed to provide health insurance while electronic storage LB300, introduced by Omaha Sen. first responders remain employed with of information and Bob Krist, would eliminate the stat- the agency and return to work within records collected by ute of limitations one year of the original injury. the review team. for any civil action The bill includes provisions of LB506 passed brought against a LB244, originally introduced by Lin- on a 49-0 vote. perpetrator of sex- coln Sen. Kate Bolz, which extends Sen. Anna Wishart ual assault against workers’ compensa- a child. Under the tion benefits to em- bill, civil action ployees of the state against any person Sen. Bob Krist Department of Cor- or entity other than the individual per- rectional Services petrator could be brought only within and Department Family visitation rights approved 12 years of the victim’s 21st birthday. of Health and Hu- Sen. Kate Bolz A bill that ensures that family mem- Krist introduced an amendment on man Services who bers have access to loved ones under select file, adopted 35-0, that removed regularly and directly interact with the care of a caregiver or health care a provision added in previous debate high-risk individuals. facility was passed April 24. that would have allowed the bill’s A high-risk individual includes a LB122, intro- provisions to be applied retroactively person in state custody with a history duced by Lin- to cases that had exceeded the statute of violent or physically intimidating coln Sen. Patty of limitations. behavior, including a committed of- Pansing Brooks, Krist said he proposed the re- fender, regional center patient and a prohibits care- moval to address concerns about the committed juvenile offender. givers from arbi- constitutionality of applying the bill The bill passed on a 31-8 vote. trarily denying retroactively. visitation to fam- Sen. Patty Pansing Brooks The bill was advanced to final read- Drug overdose immunity passed ily members of individuals under in- ing by voice vote. home or nursing home care. A bill that provides legal immunity If a family member is denied visita- First responders’ health to anyone seeking help for a drug tion, he or she can petition the court insurance to be retained overdose was passed April 24. to compel visitation unless the court Under LB487, introduced by Lin- finds that visitation is not in the indi- Injured first responders can keep coln Sen. Adam Morfeld, a person ex- vidual’s best interests or the individual their health insurance coverage under periencing a drug communicates a desire to not have a bill passed April 24. overdose and those visitation with the petitioner. LB444, introduced by Fremont present will receive The bill applies to a patient’s Sen. Lynne Walz, prohibits cities legal immunity if spouse, adult child, adult grandchild, and counties from they seek medical parent, grandparent, sibling, aunt, canceling existing assistance and re- uncle niece, nephew, cousin or do- health insurance main on the scene mestic partner. coverage for any until assistance or Sen. Adam Morfeld The bill passed on a 48-0 vote. law enforcement police arrives and cooperate fully. The officer who suf- bill does not apply to any other drug- fers serious bodily related offense such as the manufac- Statute of limitations exception injury as a result of Sen. Lynne Walz turing or distribution of drugs. for child sex assault amended, an assault while in his or her official No emergency responder or law advanced capacity. The bill also covers injured enforcement officer can be held crimi- Retroactive provisions were re- sheriffs, deputy sheriffs, firefighters nally or civilly liable for the treatment moved from a bill that would provide and mental health care providers. of a person experiencing a drug over- child victims of sexual assault more Cities and counties are now obligat- dose, unless such person behaves in a

105TH LEGISLATURE • UNICAMERAL UPDATE • PAGE 13 April 24 - 27, 2017

willfully or grossly negligent manner. Water State Revolving Fund Act person who illegally takes game or has The bill contains provisions of authorized the state Department of such game in his or her possession is several bills, including LB296, origi- Environmental Quality to provide now guilty of a Class III misdemeanor nally introduced by Omaha Sen. grants and make and forgive loans and will be fined at least $50 for each John McCollister, which provides civil to political subdivisions that operate animal. Additionally, the fine for immunity to any public water systems for safe drinking shooting at wildlife from a highway or physician, health water projects. roadway increases from at least $100 care professional LB182, introduced by Sen. Dan to at least $500. or pharmacist who Hughes of Venan- Senators voted 49-0 to pass the bill. prescribes or dis- go, clarifies that penses non-patient- the department specific medication may provide loans, for response to life- Sen. John McCollister grants and loan for- threatening asthma or anaphylaxis to giveness to a politi- a school, educational service unit or cal subdivision if its Tax credit carry-over extended early childhood education program. public water system Sen. Dan Hughes Provisions added from LB293, orig- serves a population of 10,000 or less. Businesses that make large capital inally introduced The bill passed 49-0. investments in Nebraska can carry by O’Neill Sen. over unused tax credits for a much lon- , add Nebraska joins wildlife ger period under a bill passed April 24. a synthetic opioid management compact LB161, introduced by Sen. Curt known as U-47700 Friesen of Henderson, extends the as a Schedule I drug Nebraska will work with other income tax credit under the Uniform states to enforce wildlife management carry-over period Controlled Sub- Sen. Tyson Larson laws under a bill passed by the Legis- for companies stances Act to mirror federal regulations. lature April 24. that file a Tier 6 Finally, provi- As introduced by the Natural Re- application un- sions added from sources Committee, LB566 authorizes der the Nebraska LB167, originally the state Game and Parks Commission Advantage Act introduced by Crete to join the Interstate Wildlife Violator from one year to Sen. Curt Friesen Sen. Laura Ebke, Compact on behalf of the state. Under 16 years after the end of the entitle- make cannabidiol the compact, an officer may issue a ment period. The change applies to all a Schedule V con- citation for the violation of wildlife Tier 6 project applications filed before, trolled substance. Sen. Laura Ebke management laws to any person who on or after the bill’s effective date. The bill passed on a 34-5 vote. lives in a participating state. The state Department of Revenue The bill in- estimates that the bill would reduce cludes provisions state tax revenue by $1.8 million in from LB635, a fiscal year 2023-24 and another $1.89 bill introduced by million in FY2024-25. Sen. Bruce Bostel- Tier 6 is meant to encourage com- Drinking water program man of Brainard panies to make significant capital clarification passed that increases pen- investments and bring high-paying alties for violating Sen. Bruce Bostelman jobs to the state. To qualify for Tier Senators passed a bill April 24 certain game management laws in 6 benefits, companies must invest that clarifies the qualifications for a Nebraska. $10 million and create 75 new jobs program that provides financial assis- The hunting of elk out of season is or invest $109 million and create 50 tance to cities to build safe drinking now a Class II misdemeanor, and the new jobs. water projects. fine increases from at least $500 to at The bill passed on a 44-2 vote. The previously enacted Drinking least $1,000 for each violation. Any

PAGE 14 • UNICAMERAL UPDATE • 105TH LEGISLATURE April 24 - 27, 2017

Revenue changes to homestead Lindstrom of Omaha, makes sev- tion to a governing exemption, housing approved eral changes to pro- body or board by grams administered mail, electronically A bill related to homestead exemp- by the state Depart- or by placing the tions that was amended to include ment of Economic certification on the provisions from several tax-related Development. It county assessor’s bills received final approval by the requires the depart- website. Legislature April 24. ment to make its LB288, also spon- Sen. Steve Erdman Introduced by Sen. Burke Harr best efforts to allo- Sen. sored by Harr, makes technical chang- of Omaha, LB217 cate at least 30 percent of funds from es to law governing tax certificate sales. gives a property the Affordable Housing Trust Fund to Provisions of Harr’s LB251 also owner 30 days after each congressional district. were incorporated. These require a county assessor These provisions also remove a parcel of land primarily used for receives approval references to distressed areas in the agriculture or horticulture to be as- from a county board Angel Investment Tax Credit Act and sessed without regard to whether the to remove or reduce change the percentage of refundable parcel is platted and subdivided into a homestead exemp- Sen. Burke Harr tax credits available to all qualified separate lots. tion from the tax rolls to pay taxes small businesses to 40 percent. As amended, LB217 also clarifies owed without accruing interest. LB387 also allows the Department current law regarding the ownership LB217 also includes the provisions of Revenue’s Business Recruitment and transfer of affordable housing of seven other bills. Division to withhold information tax credits. LB228, also introduced by Harr, regarding business recruitment, loca- The bill passed 47-0. requires the owner of a rent-restricted tion, relocation and expansion proj- housing project to file an electronic ects from the public until a public statement containing income and announcement is made about the expense data for the prior year and project or until negotiations between other information. It also requires the the business and the division or gov- state Department of Revenue to for- ernment entity regarding the project ward those statements to the county have been completed. Transportation-related assessor of each county in which a rent- LB49, introduced by Sen. Paul changes approved restricted housing project is located. Schumacher of Columbus, requires LB233, introduced by Sen. Jim the state tax com- A bill enabling car dealers to elec- Smith of Papillion, makes several missioner to sub- tronically provide titling and registra- technical changes mit a report to the tion services was passed April 24. to current tax law. Legislature within LB263, introduced by the Trans- It updates statute 60 days of the portation and Telecommunications related to raffles enactment of an Committee, requires the state De- and lotteries; clari- amendment to the partment of Motor Vehicles (DMV) fies the method Internal Revenue Sen. Paul Schumacher to create an electronic dealer services of claiming a tax Code. The report will describe the system. The system will allow dealers credit for employ- Sen. Jim Smith changes and their impact on state to provide titling and registration ser- ers that hire former recipients under revenue and on various classes of vices following the sale of a vehicle, in the Temporary Assistance for Needy taxpayers. The requirement does not addition to collecting title and registra- Families program; and allows for the apply if the amendment’s impact on tion fees, sales taxes and motor vehicle electronic filing of a report with the state revenue for that year is less than taxes. Any car dealer participating in Property Tax Administrator regard- $5 million. the electronic dealer services system ing unused homestead exemption tax LB238, introduced by Sen. Steve can charge a service fee of up to $50. credits, among other changes. Erdman of Bayard, requires a county The bill also allows the owner of LB387, introduced by Sen. Brett assessor to file a tax levy certifica- a motor vehicle that is more than 30

105TH LEGISLATURE • UNICAMERAL UPDATE • PAGE 15 April 24 - 27, 2017 years old to apply for issuance of a title cial driver for non-medical emergency when no major component parts have license dis- transportation with a contract been replaced and the DMV shows qualifica- carrier authorized by the Public no record of a previously issued title. tion, motor Service Commission (PSC); and A title can be issued following pre- vehicle acci- • LB483, introduced by Lincoln sentation of a notarized bill of sale, dent reports Sen. Mike Hilgers, which pro- completion of a title inspection and and motor vides to the PSC an exemption Sen. Suzanne Geist payment of a $25 fee. vehicle re- from the Nebraska Administra- Provisions of 10 additional trans- cords administration; tive Procedures Act for purposes portation-related bills are contained • LB294, introduced by Papillion of granting or denying a peti- within LB263, including: Sen. Jim Smith, which allows tion for intervention. • LB54, introduced by Colum- the DMV to The bill passed on a 49-0 vote. bus Sen. enter into an Paul Schum- agreement of Streamlined road construction acher, which mutual recog- process approved excludes the nition of op- owner of erator licenses A bill that expedites road construc- a vehicle with foreign tion projects throughout the state was equipped countries; Sen. Jim Smith passed by lawmakers April 24. with a key- Sen. Paul Schumacher • LB355, introduced by Lincoln LB271, introduced by Lincoln Sen. less ignition from the duty to Sen. Kate Mike Hilgers, authorizes the Nebras- lock and remove a key from the Bolz, which ka Department of ignition before leaving a vehicle authorizes Roads (NDOR) to unattended on a highway; the DMV to assume responsibil- • LB70, introduced by Lincoln create “Na- ity to conduct envi- Sen. Patty Pansing Brooks, tive Ameri- ronmental, social which al- can Cultural and economic re- lows for ju- Awareness Sen. Kate Bolz views for proposed dicial dis- and History” license plates; transportation proj- Sen. Mike Hilgers cretion to • LB418, introduced by Albion ects from the U.S. Department of forego the Sen. Tom Transportation. current Briese, which The reviews currently are conducted one-year updates state at the federal level under the National revocation Sen. Patty Pansing Brooks statute with Environmental Policy Act (NEPA). of operating privileges in cases federal regu- In exchange for assuming total of a first offense of driving with lations ad- responsibility for the review process, a revoked driver license; opted within the NDOR will sign a limited waiver Sen. Tom Briese • LB143, introduced by Hender- the last year; of sovereign immunity, which provides son Sen. Curt Friesen, which • LB459, introduced by Smith, the state’s consent to federal jurisdic- requires that the vehicle registra- which expands the responsi- tion in any case concerning compli- tion for a vehicle with a public bilities of the state fire marshal ance with and enforcement of federal power district license plate be in carrying out the One-Call guidelines established under NEPA. kept at the principle place of Notification Act; The bill passed on a 48-0 vote. business of the public power • LB460, also introduced by district; Smith, which authorizes the Aeronautics, Roads • LB164, introduced by Lincoln state Department of Health departments to merge Sen. Suzanne Geist, which and Human Services or any or- amends several technical DMV ganization or agent contracted Lawmakers passed a bill April 24 provisions relating to commer- by the department to contract that creates a unified state transporta-

PAGE 16 • UNICAMERAL UPDATE • 105TH LEGISLATURE April 24 - 27, 2017 tion department. Under LB339, introduced by Hen- Budget advanced (continued from page 3) derson Sen. Curt Friesen, the state De- a 42-6 vote. Senators then voted 46-1 to adopt the committee amendment partment of Aero- and 36-1 to advance the bill to select file. nautics will merge with the state De- Additional provisions partment of Roads, The committee’s budget package comprises six additional bills, four of effective July 1. The which were advanced to select file April 25. LB328, advanced 35-0, would combined agencies provide for the $12,000 annual salaries of Nebraska’s 49 state senators. will be renamed the LB329, advanced 40-0, would fund salaries and benefits for judges and Sen. Curt Friesen Nebraska Depart- constitutional officers. ment of Transportation. Also advanced was LB330, on a 40-0 vote, which would appropriate The newly formed department will funds for reaffirmed and new capital construction projects. be administered by the director-state An Appropriations Committee amendment, adopted 37-0, replaced the bill engineer for the state Department of and would provide funding for several projects initiated in prior years, including: Transportation. This position will be • $12.1 million each year for the state’s share of deferred maintenance filled by the current director-state engi- and repair projects at the University of Nebraska and state colleges; neer for the state Department of Roads. • $15.6 million in FY2018-19 for the State Capitol HVAC project; and Any person hired to serve as the • $20.8 million for the last two years of funding for the Lincoln Com- director of the aeronautics division munity Corrections Center housing unit. within the department will require Also advanced was LB149, introduced by Stinner, which contains ad- legislative confirmation. ditional adjustments to previous cuts made in LB22 to the state’s budget The bill passed on a 47-0 vote. for the current fiscal year. A committee amendment, adopted 43-0, became the bill and would restore $1 million in lapsed reappropriations to the Legislative Council, among other changes. LB149 advanced 44-0. Three additional budget-related bills have yet to be debated: • LB331, which would create funds and make certain fund transfers; Radon task force authorized • LB332, which would make transfers to and from the state’s Cash Reserve Fund; and A bill intended to ensure radon • LB171, which would provide for payment of claims against the state. levels are mitigated in new homes, Continued debate on the budget is scheduled for May 2. g schools, offices and other buildings received final approval by the Legisla- the Legislature’s Health and Human state Department of ture April 24. Services and Urban Affairs commit- Health and Human Introduced by Sen. Bob Krist of tees by April 15, 2018. The task force Services (DHHS) Omaha, LB9 cre- disbands May 1, 2018. regulations. The bill ates a task force that Lawmakers voted 35-4 to pass the bill. also clarifies that will develop mini- state agencies may mum standards Day care building code adopt and enforce for radon-resistant alignment approved regulations that Sen. Sue Crawford new construction conflict with the building code when in Nebraska. The A bill intended to align the state build- authorized by state law to do so. standards will be de- Sen. Bob Krist ing code with state agency regulations The bill raises the number of oc- signed so that they could be enforced was passed by the Legislature April 24. cupants for a care facility to 12, which by a county, city or village as part of LB590, introduced by Bellevue Sen. conforms with DHHS regulation for its local building code. Sue Crawford, brings the state build- in-home child care providers. The task force will provide its rec- ing code occupancy classifications for LB590 passed 47-0 and takes effect ommendations to the governor and in-home day cares into alignment with immediately. g

105TH LEGISLATURE • UNICAMERAL UPDATE • PAGE 17 April 24 - 27, 2017 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 Gen- agency budget request. Under legisla- years, called a biennium. eral Fund budget conditions for the tive rules, the committee must submit Biennial budgets are enact- current 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 18 • UNICAMERAL UPDATE • 105TH LEGISLATURE April 24 - 27, 2017

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

105TH LEGISLATURE • UNICAMERAL UPDATE • PAGE 19 Unicameral Information Office PRESRT STD Nebraska Legislature U.S. POSTAGE PAID P.O. Box 94604 LINCOLN, NE Lincoln, NE 68509 PERMIT NO. 212 03-23-05