Session Review 2015
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Unicameral Update Session Review THE ONE HUNDRED FOURTH NEBRASKA LEGISLATURE • FIRST SESSION • 2015 Volume XXXVIII, No. 22 2015 Session Review Contents Agriculture .......................................................................................... 3 Appropriations ....................................................................................5 Banking, Commerce and Insurance ..................................................8 Business and Labor ......................................................................... 10 Education ..........................................................................................12 Executive Board ............................................................................... 14 General Affairs ..................................................................................15 Government, Military and Veterans Affairs ......................................17 Health and Human Services ............................................................ 20 Judiciary ........................................................................................... 24 Natural Resources ............................................................................28 Retirement Systems .........................................................................30 Revenue ............................................................................................31 Transportation and Telecommunications ........................................34 Urban Affairs .....................................................................................36 Bill Status ..........................................................................................38 Senator Contact Info ........................................................................58 Legislative Resources ......................................................................59 About the Unicameral Update ......................................................... 59 Published July 2015 Unicameral Information Office Clerk of the Nebraska Legislature P.O. Box 94604 Lincoln, NE 68509 402-471-2788 NebraskaLegislature.gov PAGE 2 • UNICAMERAL UPDATE • INTERIM 2015 • 104TH LEGISLATURE • FIRST SESSION • failing to maintain sanitation standards that result in animals walking, lying or standing in feces. The bill also provides that licenses do not expire and converts the current annual license renewal fee, a graduated fee based on size, to an annual fee. It also incorporates provisions of three other bills, including: • LB359, introduced by Johnson, which increases a fee collected with local pet licenses from $1 to $1.25 per licensed animal, increases the annual license fee for each size category of licensed facility by $25 and adds a fee of $2 per animal for commercial license categories, to be remitted to the Commercial Dog and Cat Operator Inspection Program Cash Fund; • LB389, originally introduced by Heartwell Sen. John Kuehn, which implements a re-inspec- tion fee of $150, plus mileage charges necessary to complete the re-inspection; and Sen. John Kuehn • LB377, originally introduced by Seward Sen. Mark Kolterman, which establishes a judicial procedure available to local authorities to more efficiently determine the disposition of animals impounded in cases of Sen. Jerry Johnson, Agriculture Committee chairperson alleged neglect or abuse. Sen. Mark Kolterman The bill passed on a 48-0 vote. embers of the Legislature’s Agriculture Com- The committee also considered legislation that would mittee considered a variety of issues this session promote livestock production in the state. including commercial pet breeding, competitive M Ogallala Sen. Ken Schilz introduced livestock marketing restrictions and dry beans. LB176, which would narrow an exist- Introduced by Wahoo Senator Jerry Johnson, LB360 ing restriction under the Competitive clarifies the authority of the state Department of Agri- Livestock Markets Act that prohibits culture to assist local authorities in investigating possible livestock packers from directly or in- cases of animal cruelty observed in licensed facilities. Such directly owning or feeding livestock. authority will be triggered when conditions presenting a Under the bill, that restriction would “significant threat” to the health or safety of dogs or cats is apply only to cattle producers. Sen. Ken Schilz present. Significant threats to the health or safety of dogs A swine processor or packer could enter into a written or cats include: agreement with a person who owns, leases or holds a legal • not providing shelter or protection from extreme interest in the livestock operation. The packer would own weather; the swine, while the individual producer would retain • refusing to seek treatment for acute injuries involv- ownership of the facilities and land. ing potentially life-threatening, hemorrhaging or Schilz filed a motion to invoke cloture—or cease debate medical emergencies; and take an immediate vote on the bill—on select file. The • not providing food or water resulting in starvation motion failed 31-11. Thirty-three votes were needed. or severe dehydration; LB176 remains on select file. • egregious abuse resulting in trauma from beating, The Legislature authorized the state Department of Ag- torturing, mutilating or burning; or FIRST SESSION • 104TH LEGISLATURE • INTERIM 2015 • UNICAMERAL UPDATE • PAGE 3 riculture to award grants to counties designated as livestock grain dealers as a requirement to do business in the state. friendly. LB175, introduced by Schilz, allows grants to be Johnson introduced LB183, adopted 48-0, which limits awarded for strategic planning and improvements to public the dealer security to cover payment only to growers who infrastructure. Grants for strategic planning projects are sell directly to dealers. The bill prevents owners who are limited to $15,000 each. Grants for infrastructure projects not growers from claiming past due payments and corrects are limited to one half of the unobligated balance of the an unintended ambiguity in the law that has allowed grain fund, or $200,000, whichever is less. purchasers to file claims stemming from dealers’ failure to The bill also increases the amount of individual produc- deliver, thereby diluting the protection intended for grow- ers’ investment in livestock modernization improvements ers doing business with a dealer. eligible for tax credits under the Nebraska Rural Advantage The bill also shortens from 30 to 15 days the time a Act and increases from $30,000 to $150,000 the maximum grower may demand payment from the dealer, attempt individual tax credit allowed for applications filed after payment negotiations with the dealer or notify the Public Jan. 1, 2016. The total available tax credits for approved Service Commission of an apparent loss. projects will be $500,000 in 2016, $750,000 in 2017 and Grain transportation vehicles no longer are required 2018 and $1 million for 2019 and each year thereafter. to be registered and issued grain dealer plates. Further, Provisions of LB544, introduced by accountants or accounting firms preparing statements for Omaha Sen. Burke Harr, were incorpo- grain dealership license applicants now may be located in rated into LB175. The provisions amend- any state. ed the Nebraska Seed Law by defining the term “seed library” and exempting Other bills seed libraries from certain packaging, la- beling and content verification standards LB242, introduced by Gering Sen. John Stinner, in- that apply to commercial seed. Sen. Burke Harr creases the current dry bean checkoff The additions also permit state agencies or municipali- rate from 10 cents per 100 pounds of ties to use as community gardens vacant public land for beans to 15 cents beginning Aug. 1, which they have title. The state director of agriculture is 2015. It also authorizes the Dry Bean required to establish a community gardens task force by Commission to adjust the checkoff to August 2015 to study, evaluate and make recommenda- a maximum of 24 cents. tions for establishing and expanding community gardens, The bill repeals current statute al- donating food from the gardens and increasing benefits of lowing dry bean producers to apply for Sen. John Stinner the gardens to their respective communities. a refund of their checkoff paid within 30 days of the sale The bill passed on a 47-0 vote. of dry beans. It also adjusts the amount of money that can Hyannis Sen. Al Davis introduced LB85, adopted 44-0, be used for lobbying, from 25 to 15 percent of revenue. which authorizes the Nebraska Brand The bill passed on a 42-1 vote. Committee to charge as much as $1.10 Finally, Omaha Sen. Ernie Cham- per head for cattle brand inspections. bers introduced LB128, which would Currently, the fee is capped at 75 cents repeal the Black-Tailed Prairie Dog per head. Management Act. The act, first passed The brand committee inspects cattle by the Legislature in 2012, authorizes and investigates missing and stolen cattle counties to develop management pro- in Nebraska. The organization is funded Sen. Al Davis grams to help control prairie dog solely through the collection of fees for those services. populations. Sen. Ernie Chambers Lawmakers also considered legislation that narrows the Senators advanced the bill to final reading, where it types of losses that have recourse to the security provided by remains. g PAGE 4 • UNICAMERAL UPDATE • INTERIM 2015 • 104TH LEGISLATURE • FIRST SESSION • LB154, introduced by Kearney Sen. Galen Hadley, which ap- propriates $4.95 million for eco-