UNICAMERAL UPDATE News published daily at Update.Legislature.ne.gov Vol. 44, Issue 6 / Feb. 8 - 11, 2021 Bill would continue Grant funding proposed for child care reimbursement broadband expansion changes bill that would make perma- nent a temporary change in A the way child care providers are reimbursed through a federal program was considered Feb. 10 by the Health and Human Services Committee. Under LB68, introduced by Omaha Sen. , providers in the federal Child Care Subsidy pro- gram would be re- Sen. Jen Day imbursed based on enrollment. Sen. said LB388 would help close the state’s “digital divide.” The program reimbursed providers embers of the Transporta- The bill would appropriate $20 based on attendance until Gov. Pete tion and Telecommunica- million annually beginning in fiscal Ricketts issued an executive order last Mtions Committee heard year 2021-22 to the commission to April to reimburse based on enrollment testimony Feb. 8 on a bill meant to fund the grants. Priority would be instead due to the pandemic, Day said. encourage increased broadband avail- given to grants to unserved areas that The bill would make that change — ability throughout the state. previously have not been targeted for which otherwise will end 30 days after Under LB388, introduced by such a project, unserved areas that are the governor lifts the current COVID-19 Henderson Sen. Curt Friesen at the receiving federal support for construc- state of emergency — permanent. request of the governor, the Public Ser- tion that would not be completed Day said the state is on the verge vice Commission would administer within 24 months and underserved of a child care crisis with people leav- grants to providers, cooperatives and areas that have developed a broadband ing the workforce because of the high political subdivisions to fund qualify- and digital inclusion plan. cost of child care. Continuing the ing broadband development projects. Eligibility would be restricted to reimbursement based on enrollment Friesen said broadband expansion projects providing broadband internet would allow child care providers to is one of the most important issues fac- service scalable to 100 Mbps for down- reduce their costs, she said. ing the state, especially in rural areas. loading and 100 Mbps for uploading, “This policy has been successful,” “Households rely on internet for or greater. Each project would have Day said. “This policy is strengthening education, telehealth and, in many a completion deadline of 18 months our child care system by stabilizing cases, employment,” he said. “Bridging from the date the grant is awarded payments to providers and providing the digital divide between urban and and be eligible for one extension of six access to care for working parents.” rural is the key to helping all Nebras- months, to be approved by the PSC. Adam Feser of child advocacy kans stay connected, productive and Gov. testified in sup- prosperous.” (continued page 2) (continued page 3)

INSIDE: Teaching certification sought for military spouses • Meet Sen. Pahls • Hearing schedule February 8 - 11, 2021

Bill would continue child care reimbursement changes (continued from front page) group First Five Nebraska testified Stephanie Beasley, director of the the pandemic, DHHS does not want in support of LB68. He said the bill Division of Children and Family its provisions to be extended. The bill would create steady revenue for child Services at the state Department of would cost Nebraska an estimated $26 care providers and encourage them Health and Human Services, testified million next fiscal year, Beasley said, to accept the children of families who in opposition to the bill. and the fiscal impact to the state would receive the federal subsidy. She said that although the gover- be too great. “Private-pay families must commit nor’s executive order has helped keep The committee took no immediate to paying their weekly tuition regard- child care providers in business during action on LB68. n less of attendance. The current model of only reimbursing subsidy providers for attendance makes it risky for pro- Find Legislative Documents viders to enroll children who use it,” Committee hearing schedules, daily agendas and more can be viewed Feser said. “Their enrollment occupies using the calendar on www.NebraskaLegislature.gov. a full slot of capacity while often not returning a full slot of tuition.” Clicking the “Calendar” link on the left side of the website’s home page Quentin Brown of early childhood will open a calendar that is constantly updated with new information. education group Educare Lincoln also spoke in support. Brown said organiza- tions like his don’t stop working just because a child isn’t in attendance. “Whether it’s reaching out to try to understand why a child is absent for a day or a few days, sending home a care package or learning activity, or any number of other contacts that we routinely make, our team is still work- ing on behalf of that child, or children, even when they are not physically pres- ent,” Brown said.

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PAGE 2 • UNICAMERAL UPDATE • 107TH LEGISLATURE February 8 - 11, 2021 Grant funding proposed for broadband expansion (continued from front page) port of LB388. Nebraska is a leader grant would be repaid for each month significant step forward in bringing in roads infrastructure, he said, and that the project is not complete, up to broadband to unserved and under- must become a leader in broadband 100 percent of the original funding. served areas,” McHargue said. “It will infrastructure for the state to continue LB388 would require all grant re- increase equity in broadband access growing. Ricketts acknowledged that cipients to conduct randomized speed and bring economic development to the bill includes ambitious goals for tests and submit the results to the PSC. counties across the state.” internet speed, but said those speeds If speeds fail to meet the bill’s require- Representing AARP Nebraska, are necessary to compete in 2021. ments, the provider would be required Jina Ragland also spoke in support of “If we’re going to invest public to repay the grant. LB388. The broadband platform is es- taxpayer dollars in creating infrastruc- Finally, the bill would require the sential to ensuring access to telehealth, ture, we ought to invest in quality in- PSC to publish all grant applicants on civic engagement, entertainment and frastructure,” he said. “Infrastructure its website within three days of the ap- online learning, she said, as well as that is not going to get us to where plication deadline. Any service provider other internet-based applications that we ought to have been before, but to could, within 30 days, challenge an address isolation and other health where we need to be to allow students, applicant’s eligibility for funding if the challenges. businesses and health care providers to applicant already provides broadband “Availability, affordability and reli- be able to operate in the 21st century.” or has begun construction in or near ability of broadband access services are Grant applications must be submit- the proposed area. essential to the health and quality of ted on or before Oct. 1, 2021, for FY Mark McHargue, Nebraska Farm life of Nebraska’s older citizens,” Rag- 2021-2022, and on or before July 1 for Bureau President, supported the land said. “It helps older Nebraskans subsequent fiscal years. Political sub- bill. Rural broadband is an issue of to age in place productively and safely divisions would be required to form equity and necessity, he said, adding with a higher quality of life than would a public-private partnership with a that rural areas of the state should otherwise exist.” service provider to qualify for funding have the same access to broadband as No one testified in opposition to under LB388 and include matching urban areas. the bill and the committee took no funds equal to 50 percent of the total “This would help our state take a immediate action on it. n development costs. , PSC chairman, spoke in support of the bill. The PSC can target funding effectively to align Find Your Senator with the bill’s objectives, he said, and further leverage support because of the NebraskaLegislature.gov provides an commission’s familiarity with other easy tool for locating your district and funding sources. senator. “This bill appropriately balances the funding priorities, has practical Enter your full address into the “Find Your Senator” timelines and has reasonable op- search field located on the right side of the portunities for due process for the home page. This opens a map that shows your legislative district and a picture of your senator, stakeholders,” Watermeier said. along with a link to that senator’s web page. If a grant recipient fails to complete a project within 18 months, 10 percent This page includes senators’ contact information of the grant would be repaid for each and links to their biography and photos. It also month that the project is not com- provides a list of committees they serve on and plete, up to 100 percent of the grant. bills they’ve introduced. If the project is not complete despite a six-month extension, 20 percent of the

107TH LEGISLATURE • UNICAMERAL UPDATE • PAGE 3 February 8 - 11, 2021 Meet the Senator Learning is lifelong passion for Pahls hen Omaha Sen. Rich Pahls left the Legislature tax,” Pahls said. “I made so much money … at 50 cents in 2013, he gave away many of his things — in- an hour.” W formation packets, personal effects. As he begins settling into his new space, it is unlikely “I thought I was finished,” Pahls said of being term to look like the office he had while a school principal. limited eight years ago. He often had a collection of exotic animals — macaws, a His new office is a little bare, but ready to be filled as pot-bellied pig, tarantulas, snakes, iguanas — that students Pahls begins his third term at the Capitol. could see up close. In January, he stepped down from a seat on the Omaha “I had an African Pixie Frog the size of a dinner plate,” City Council where he focused on “the gut-level work: Pahls said. “I got animals that I thought would be very potholes, street repair, trash.” intriguing to kids.” n Debate on the council was limited, and Pahls said he wanted to get back to Lincoln where he and 48 colleagues could discuss issues at length. Pahls grew up in Downs, Kansas — a small town about two hours south of Grand Island. He idolized teachers, planting a seed that eventually germinated in a long career in education. Pahls earned a master’s degree at Fort Hayes State, then took a teaching job in Atkinson, Nebraska in 1968. He later earned a PhD in education from the University of Nebraska Omaha and spent 32 years as a teacher and administrator in the Millard School District. Pahls’ early work life wasn’t confined to educa- tion. In fourth grade he took a job as a shoe shiner at a barber shop in Downs. On Saturday nights, people would sit in rocking chairs, get their hair cut and talk politics. “I didn’t understand it all, but I learned a lot,” Pahls said. Harm Voss, Downs’ representative in the Kan- sas Legislature, was one of his clients. “I was always impressed with him because he was a spiffy dresser and he always tipped me,” Pahls said. “He treated me with respect even though I was a kid from the other side of the tracks.” It was Voss who first told a young Pahls that he could become a state senator. While that pre- diction eventually came true, Pahls’ next job was at the town’s grocery store, where he worked for eight years. Sen. Rich Pahls delights in spending time with grandsons Parker (left) and Garrett. “When I was in fifth grade, I had to file income

PAGE 4 • UNICAMERAL UPDATE • 107TH LEGISLATURE February 8 - 11, 2021

the registered feedlot, among other bill would not make Nebraska cattle requirements. producers competitive with those in The bill also would make viola- other states, such as Kansas, that have tions of several Brand Act provisions voluntary brand inspection programs. Brand Act changes considered infractions enforceable by citation, Borck said he receives no benefit Halloran said. from Nebraska brand inspections, The Agriculture Committee heard Finally, the bill would require the which cost him roughly $50,000 per testimony Feb. 9 on a bill that would committee to provide a certified bill year. make several changes to the Nebraska of sale and a certified transportation David Wright also testified in op- Livestock Brand Act. permit to qualified dairies that sell or position to the bill, saying it would Hastings Sen. , move calves under 30 days of age out favor one segment of the cattle indus- sponsor of LB572, of the inspection area for beef produc- try. Under LB572, he said, registered said it would al- tion purposes. feedlots could pay as little as 25 cents low the Nebraska Melody Benjamin testified in sup- per head for inspections, compared to Brand Committee port of the bill on behalf of the Ne- 95 cents for all others. to inspect livestock braska Cattlemen and the Nebraska “How do you expect to maintain a using an approved Farm Bureau. Not all segments of the system to prove ownership if you’re go- nonvisual identi- cattle industry agree with the changes ing to start allowing these carve-outs?” fier such as an elec- Sen. Steve Halloran proposed in LB572, she said, but it Wright said. tronic tag, nose print, retinal scan or would help modernize brand inspec- Adam Sawyer, chairperson of the DNA match. tion laws to better reflect current Nebraska Brand Committee, gave He said the bill also would reduce business practices. neutral testimony on LB572. He said the annual registration fee for regis- Steve Wolfe testified in support the committee favors allowing brand tered feedlots — which are allowed of the bill on behalf of the Nebraska inspectors to write citations because to ship cattle without inspection as State Dairy Association. He said the the decision to file charges for a brand long as they meet recordkeeping and proposed transportation permit would inspection violation currently is left to auditing requirements — and impose reduce inspection fees for dairy farm- county attorneys. an annual audit fee that would reflect ers, most of whom do not raise their Sawyer said the committee also more closely the audit program’s cost. calves but instead ship them out of supports a provision in LB572 that LB572 also temporarily would the inspection area to another ranch. would allow it to charge producers for reduce the physical inspection fee — Wolfe said the association also mileage. This would help the commit- which currently may be no more than favors electronic inspection because tee recoup costs when inspectors must $1.10 per head — to 95 cents per head it would reduce the time and expense drive long distances to inspect only a until June 30, 2023. Beginning July 1, required for inspections. few head of cattle, he said. 2023, it could be no more than $1.50 John Schroeder, general manager The committee took no immediate per head. of a registered feedlot near Cozad, action on the bill. Additionally, Halloran said, the also testified in support. He said he bill would address the increasingly favors reducing fees for registered common practice of registered feedlots feedlots but that LB572 does not go placing their cattle in a backgrounder far enough. lot before moving them to a registered Schroeder also supported the pro- feedlot for finishing. This requires two posed backgrounder lot exemption, inspections under current law, he said. although he said it might not be fea- Bill would provide temporary LB572 would allow a registered sible to meet the requirement that 100 NDOT funding feedlot within the brand area to percent of the cattle there be owned move cattle from a backgrounder lot by one feedlot. The Appropriations Committee to a registered feedlot without inspec- Testifying in opposition was Lee heard testimony Feb. 8 on a bill that tion if 100 percent of the cattle in Borck, a cattle feeder with feedlots would provide temporary funding to the backgrounder lot are owned by in Kansas and Nebraska. He said the the Nebraska Department of Trans-

107TH LEGISLATURE • UNICAMERAL UPDATE • PAGE 5 February 8 - 11, 2021 portation. Columbus is a major manufacturing unemployment benefit by 5 percent per LB579, sponsored by Columbus Sen. city in the state, but that the current dependent child, up to 15 percent if he Mike Moser, would highway system makes transporta- or she has three or more dependents. appropriate $70 tion of goods difficult due to safety Hansen said that the coronavirus million in general concerns. pandemic has made clear that unem- funds to NDOT “Highway 30 is our [lifeline] to the ployment insurance is a lifeline for to repair damage east,” Hand said. “Our drivers have to struggling families across the state. to highways, roads be very selective on when they travel “Nebraskans want to work, so when and bridges from Highway 30, which causes us delays.” they are in the unfortunate position of the 2019 floods. Sen. Mike Moser Moe Jamshidi, acting NDOT applying for unemployment benefits, The bill would require NDOT to director, testified in opposition. He let’s do a better job of matching what apply for federal emergency funds said that the department is effectively families need with what we can pro- and to reimburse the state $70 mil- managing its assets and cashflow to vide them for the short time they do lion upon receipt of those funds. The deliver projects on schedule and called receive those benefits,” he said. department also would be required the bill’s reporting requirements The increased benefit proposed to provide information about the redundant. in LB171 would not count toward an Heartland Expressway, detailing the He said the department’s revenues individual’s maximum annual benefit number of miles yet to be completed have stabilized and that reimburse- amount. and expected milestone dates for other ment from the federal government Alex Serrurier, representing Open- expressway projects, in its annual re- is expected soon for eligible projects. Sky Policy Institute, testified in sup- port to the Legislature. Delays on the expressway system port of the bill. A strong unemploy- Moser said he would offer an owe more to the recession of 2008 and ment insurance program is critical to amendment that also would “require federal environmental and engineering support Nebraska workers, he said, funding for project completion” of the requirements than to delays in federal and ensure that individuals searching expressway system. Increased ease and reimbursements, Jamshidi said, not- for employment aren’t forced to leave safety of travel between smaller commu- ing that currently the cost of 1 mile of the state to find jobs elsewhere. nities and Lincoln and Omaha would expressway is more than $5 million. “LB171 would modernize our benefit residents and industry, he said. The committee took no immediate unemployment system by recognizing “There have been numerous delays action on LB579. that those with dependents require in the expressway system,” Moser resources to support more than just said. “It was originally scheduled to themselves,” Serrurier said. be completed in 2003 — this is now Opposing the bill was Commis- 2021. It’s 18 years since the [original] sioner of Labor John Albin. Ne- completion date that was set in 1988.” braska’s unemployment trust fund Dennis Hirschbrunner, a retired remained relatively stable during the engineer, testified in support of the Unemployment benefit pandemic, he said, because the gover- bill. He said NDOT has indicated that increase proposed for parents nor authorized the use of federal funds continued expressway delays are due to pay unemployment benefits related in part to the department’s need to The Business and Labor Commit- to the pandemic. dedicate funding to flood repair. The tee heard testimony Feb. 8 on a bill “Because the dependent allow- state owes it to residents to uphold to provide additional unemployment ance is not due to the COVID-19 the commitment made to finish the benefits for Ne- pandemic, these additional benefits expressway project, he said, which braskans with de- would not be eligible for CARES Act LB579 would facilitate. pendent children. dollars,” Albin said. “Furthermore, “It all comes down to priority and LB171, spon- there is no guarantee that federal funding,” Hirschbrunner said. sored by Lincoln legislative changes would include ad- Shandy Hand, president of BMC Sen. , ditional CARES Act dollars.” Transportation in Columbus, also would increase an The committee took no immediate testified in favor of the bill. He said individual’s weekly Sen. Matt Hansen action on the bill.

PAGE 6 • UNICAMERAL UPDATE • 107TH LEGISLATURE February 8 - 11, 2021

Emergency grants proposed have been hurt by the pandemic. from placing restrictions on when a for small businesses “Vaccines are on the way, yet some person may join or terminate member- businesses have not reopened, com- ship in a labor organization. Members of the Business and La- munities and families continue to If the dates to opt out of union bor Committee heard testimony Feb. struggle and, as much as possible, we membership are missed, Clements 8 on a bill that would offer financial as- must continue to respond to their calls said, a teacher may have to wait over sistance to struggling small businesses for help,” Hassebrook said. “This is a year to officially terminate member- during certain qualifying events. perfectly tailored to help small busi- ship with the union while still being LB598, sponsored by Lincoln Sen. nesses with a cap on gross revenue and required to pay dues. , will help those that are most in need.” “I believe in the right to associate would appropri- Also supporting the bill was Kath- freely with organizations with which ate $20 million in erine White, representing the Lincoln you find value and common interests,” fiscal year 2021-22 Independent Business Association. he said. “In the same way, when you for grants to be Many small businesses have struggled cease to find value in your organiza- distributed by the during the pandemic, she said, due to tion, you should be able to leave state Department restrictions placed on them that were without difficulty.” of Economic De- Sen. Anna Wishart outside of their control. Speaking in support of LB684 was velopment to eligible businesses in the “While LB598 would cost the state Charles Zurcher, representing the event of a natural disaster, pandemic $20 million, this grant program could Association of American Educators. or other emergency declared by the be the difference between fighting to He said teachers should be allowed to governor. keep the doors open another month join and leave a labor union whenever There are small Nebraska busi- or having to shut down for good,” they want. nesses that will not survive unless they White said. “Supporting our small “While some teachers may see receive some level of cash relief during and local businesses is essential as we the value for their money, those who a devastating emergency in their com- look to restimulate our local economy, don’t shouldn’t have money taken munity, Wishart said. while also making sure we can con- from their hard-earned paychecks,” “This way, when we as a state en- tinue to provide jobs and ensure our Zurcher said. “This straightforward counter flooding, wildfires or a future unemployment rate stays the lowest solution gives teachers the autonomy pandemic and our legislature is out of in the nation.” and respect they deserve with respect session, we have a mechanism already No one testified in opposition to to association membership.” in place at the state level to provide LB598 and the committee took no Doug Kagan, representing Ne- immediate relief,” she said. immediate action on it. braska Taxpayers for Freedom, also To qualify for a grant under the bill, supported the bill. With inconvenient a business must be physically located Changes to education labor deadlines at busy times, short opt-out in Nebraska and have annual revenue union membership considered windows and special forms required, of less than $1 million. An eligible he said teachers find it difficult to business also must demonstrate a A bill that would allow public resign their membership. significant loss of gross revenue — at school employees to join or leave a “The arrangement allows unions least 50 percent from the amount of labor union at any time was heard by to continue to collect mandatory dues gross revenue received over the same the Business and Labor Committee until the window opens again in the period in the prior year. Feb. 8. next cycle,” Kagan said. “LB684 would Grants would be awarded on a first- LB684, spon- allow teachers in future contracts the come, first-served basis while funds sored by Elmwood freedom of choice to leave union remain. Individual business awards Sen. Robert Cle- membership at any time during the would be no more than $12,000. ments, would pro- year and would prohibit the union Kristen Hassebrook, supported the hibit any public from placing restrictions both on how bill on behalf of the Nebraska Cham- school or labor and when a public school employee ber of Commerce. She said service- organization rep- Sen. Robert Clements could terminate membership.” sector small businesses in particular resenting public school employees Jason Hayes, offering written tes-

107TH LEGISLATURE • UNICAMERAL UPDATE • PAGE 7 February 8 - 11, 2021 timony on behalf of the Nebraska reassignment. guardian could request the designa- State Education Association, opposed Omaha Sen. , sponsor tion of a hearing examiner other than the bill. of LB198, said the the hearing examiner recommended Annual membership in the NSEA proposal is iden- by the superintendent. Schools would is voluntary and can be terminated tical to LB515, a pay the examiner’s expenses and fees. at any time, he said, however, as with bill he introduced Elizabeth Eynon-Kokrda testified all annual contracts, an individual is last year that was in support of the bill on behalf of obligated to fulfill the payment terms passed by the Leg- Education Rights Council. She said for the length of the contract. islature and vetoed the change is important because some “While some have argued that by Gov. Pete Rick- Sen. Tony Vargas families do not view hearing exam- unions cannot enforce voluntarily un- etts. Vargas said the proposed changes iners, who often are school district dertaken membership agreements, the and clarifications would make the employees, as impartial. courts have rejected those arguments, student discipline process more fair “Having the impression and the holding that an individual’s voluntary for students and families. feeling of true impartiality in a hearing agreement to pay annual dues is a The bill would require that a stu- is really critical for families,” Eynon- private contractual agreement with dent be given an opportunity to com- Kokrda said. the union that can be enforced even plete any classwork and homework Rose Godinez of the ACLU of if the individual opts to resign their missed during a suspension, including Nebraska also testified in support. She membership,” Hayes said. examinations. said suspended and expelled students Also opposing LB684 was Susan It also would require school dis- often are unsupervised and easily can Martin, president of the Nebraska tricts to reinstate a student after an fall behind on schoolwork, increasing State AFL-CIO. She said union expulsion and accept certain non- their likelihood of dropping out and members understand the terms of duplicative, grade-appropriate credits entering the juvenile justice system. their membership when they join earned by the student during the Godinez said the bill would keep voluntarily. expulsion. more students out of the school-to- “Our state legislature is always look- Among other changes, LB198 prison pipeline by protecting their due ing at less government involvement would require a principal to decide to process rights and allowing them to and … I feel this bill is unnecessary discipline a student by long-term sus- keep up with coursework without hav- overreach,” Martin said. “Just like any pension, expulsion or mandatory reas- ing to attend an alternative program. other agreement signed by individuals signment within two school days after David Kramer testified in opposi- when joining an organization, they are learning of the alleged misconduct. tion to the bill on behalf of Omaha aware of the terms of the membership. Under current law, a student is Public Schools. He said changing the These decisions should be between the subject to those penalties if they cause definition of a personal injury caused organization and the employee.” or attempt to cause personal injury to by accident would allow a student who The committee took no immediate a school employee, school volunteer or injured another student or teacher to action on the bill. student unless the injury was caused avoid discipline by claiming that they by accident, self-defense or an action did not intend to hurt anyone. taken on the reasonable belief that Additionally, Kramer said, two days it was necessary to protect another is not enough time for principals to person. thoroughly investigate student miscon- Under the bill’s provisions, per- duct, and requiring schools to pay for sonal injury would be considered independent hearing officers would Student Discipline Act updates accidental “when the damage or con- be expensive. considered sequences of the act that caused the “LB198 creates a costly, cumber- The Education Committee heard injury were unintentional, unforeseen some, overly legalistic mechanism that testimony Feb. 9 on a bill that would or unexpected.” will complicate student discipline,” change several provisions in the LB198 also would modify proce- he said. Student Discipline Act related to dures for student discipline hearings. The committee took no immediate suspension, expulsion and mandatory A student or the student’s parent or action on the bill.

PAGE 8 • UNICAMERAL UPDATE • 107TH LEGISLATURE February 8 - 11, 2021

Statewide school threat parents and community members with the school system since 2010. The reporting system considered to report concerns and information pilot program has done a “phenom- about a threat or possible harm to enal job” of triaging crisis situations, Nebraska would broaden an exist- people or property anonymously and he said, and the bill would bring that ing school safety pilot program under without charge by telephone call, text, service to students across the state. a bill considered Feb. 9 by the Educa- mobile app, website or email. “Unfortunately, I’ve been involved tion Committee. The report line would be available in hundreds of family crisis and threat LB322, sponsored by Gothenburg to any public or nonpublic school situations over those years,” Jelkin Sen. Matt Williams, would require the that has a threat assessment team and said. “I cannot go into details about state Department maintains a current list of contact those situations, but what I can tell of Education to information for at least five team you is that the Safe2Help hotline establish a state- members designated to receive alerts system works.” wide, anonymous from report line staff 24/7. Mark Adler, superintendent of reporting system LB322 states legislative intent to ap- Ralston Public Schools, testified about to support threat propriate money from the state Gen- his son, Reid, who committed suicide assessment teams eral Fund for the Safe2HelpNE report at age 15 in 2016. He said Reid spoke with the goal of Sen. Matt Williams line for ten years. At the end of that with several friends the night he died, reducing violent incidents. time, the department would report all of whom thought that they had Williams said the bill is modeled cost-benefit data and recommenda- talked him into a better place and did after a successful pilot program in tions to the Legislature regarding the not contact an adult. Douglas County, called Safe2Help Ne- continued viability of the report line. Adler said he believed that his son braska. Under that program, trained Williams noted the potential cost could have been saved if something professionals staff a help line located of the program — estimated in the bill’s like the Safe2Help system were in at Boys Town, he said, which is avail- fiscal note as $899,000 — which he place at the time. able to all 80 schools in the county. said is the equivalent of approximately “The ripple effect of grief is tremen- The pilot program logged 470 re- $2.50 per student. dous,” Adler said. “The day Reid left, ports including suicide threats, drug “I would challenge all of us to think a part of all of us went with him and use, bullying, mental health issues about it that way,” he said. “I don’t will never be replaced.” and threats against property, Wil- think we can afford not to do this.” No one testified in opposition to liams said, and diverted 81 percent of Jolene Palmer, state school security LB322 and the committee took no the resulting contacts away from law director for the Nebraska Department immediate action on the bill. enforcement interaction. of Education, testified in support of Similarly, information provided the bill. The pilot program is unique, Teaching certification changes through the report line under LB322 she said, because its focus is on divert- proposed for military spouses would go directly to individuals trained ing students away from law enforce- in crisis management, he said, rather ment involvement. The Education Committee heard than directly to law enforcement. Palmer said the proposed statewide testimony Feb. 8 on a bill intended “The intent, obviously, is to reduce program would not be mandatory but to speed the issuance of teaching cer- the risk or thwart incidents of targeted would be available for any school that tificates to military spouses. violence — including harm to self, wishes to use it. LB389, introduced by Bellevue harm to others or harm to school “Research tells us that threat as- Sen. Rita Sanders at the request property,” Williams said. “When it sessment is one of the most effective, of Gov. Pete Rick- comes to keeping kids safe, there’s no evidence-based practices in prevent- etts, would require such thing as having too many helpful ing targeted violence against people the State Board resources and the pilot program has — against self, others and property,” of Education to been a lifesaving partnership.” she said. issue a certificate The reporting system — to be Bill Jelkin, director of student ser- or permit to a mili- named the Safe2HelpNE report line vices for Millard Public Schools, also tary spouse who, — would allow students, school staff, testified in support, saying he’s been among other re- Sen. Rita Sanders

107TH LEGISLATURE • UNICAMERAL UPDATE • PAGE 9 February 8 - 11, 2021 quirements, holds a valid certificate port of LB389, saying it would help low-income students. or permit currently in force in another metro area schools that are struggling Vargas said LB623 would help state to teach, administer or provide to fill teaching positions. ensure that remote learning options special services. The bill would make it easier for provide a high-quality education using An applicant also would have to qualified military spouses to get Ne- technology that is equitable, accessible have held the certificate or permit for braska teaching certificates, Rippe and reliable in a way that is fair to at least one year, be in good stand- said, but still would require them to teachers. ing in all states where the certificate pass a background check, be in good “We’ve all seen reports in the news or permit is held, have no pending standing and go through the hiring about this [situation] driving teachers investigations or complaints, meet process. to retirement,” he said. “Without the all residency and background check “It’s not like we’re just handing training and supports in place, the requirements and pay applicable fees. out teaching certificates to anybody,” job has become exponentially more Sanders said the proposed changes he said. stressful and difficult.” — such as shortening the time an ap- No one testified in opposition to Under LB623, each remote learn- plicant must hold a teaching certificate the bill and the committee took no ing option would be provided at no from two years to one — would help immediate action on it. cost to students and align with the military spouses resume their teaching school district’s curriculum. careers more quickly after relocating to Bill would require schools to The plans would state the atten- Offutt Air Force Base. develop remote learning plans dance and grading practices to be used Sanders said LB389 is part of in remote learning options, require an effort to make Nebraska more Nebraska public schools would regular interaction between students military friendly as the Department of create detailed plans describing their and instructors and include a certain Defense decides where to locate new remote learning options under a bill amount of web-based live instruction commands, including the U.S. Space heard Feb. 8 by the Education Com- each day. Command headquarters. mittee. They would include professional The certificate or permit for a mili- Under LB623, introduced by Oma- development for teachers that would tary spouse would be valid for at least ha Sen. Tony Vargas, each school board focus on the teaching methods neces- three years and include the same or would adopt a re- sary for remote instruction. They also similar endorsements to teach in all mote learning plan would guarantee training for students subject areas for which the applicant that would give and parents on the use of any technol- had been certified in the other state if students who are ogy necessary for accessing teachers’ Nebraska offers a similar endorsement. unable to attend virtual office hours. Under LB389, the board would school in person a Additionally, the plans would issue a preliminary permit to the appli- choice to enroll in provide students enrolled in remote cant after they submit the application, a remote learning Sen. Tony Vargas learning options the same access to re- pay any fees and complete the criminal option through their school district. sources — such as school psychologists history record check. It would remain Each plan would include the and counselors — as those who use an in force until the state commissioner school’s rules and procedures for of- in-person option, ensure that remote of education finishes reviewing the fering remote instruction and would learning options meet the needs of other requirements and either issues describe each remote learning option. English language learners and protect a certificate or permit or notifies the Vargas said remote learning likely the rights of students with disabilities. applicant of why it cannot be issued. will outlast the pandemic and could Finally, the plans would ensure that The bill also would require the provide a viable option to continue students receiving remote instruction board to adopt rules and regulations to class when students are ill or schools have access to electronic devices and expedite the processing of applications close due to weather. However, he internet connectivity sufficient to al- submitted by an individual whose said, the lack of shared standards — low them to participate fully. Students spouse is serving on active duty. or even shared definitions of remote and instructors would have access to an Jeff Rippe, superintendent of Bel- learning terms — has resulted in information technology officer or help levue Public Schools, testified in sup- education disparities for minority and desk to assist with technical problems.

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Lee Perez, an English as a second Association of School Boards and school employees would have basic language teacher at Omaha Public other groups. training in how to manage dangerous Schools, testified in support of the He said school boards should be student behavior reasonably and safely. bill on behalf of the Nebraska State left to solve the problems of remote The required training would in- Education Association. He said teach- learning at the local level. Addition- clude: ing remotely during the pandemic has ally, Moles said, requiring schools to • recognition of detrimental fac- been exhausting and the most difficult ensure that students have internet tors impacting student behav- experience of his career. access would be problematic in areas ior, including trauma; LB623 would give teachers a struc- that lack broadband connectivity. • positive behavior support and tured approach to remote learning Spencer Head testified in opposi- proactive teaching strategies; and help ensure that students learning tion to the bill on behalf of Omaha • verbal intervention and de- online get the same education they Public Schools. He said LB623 could escalation techniques; would in the classroom, Perez said. require schools to provide remote • clear guidelines on removing He said the bill also recognizes that learning to each student whether they students from and returning effective remote instruction has its need it or not, resulting in “astronomi- them to a class; own teaching methods. cal” costs. • behavioral interventions and “It is far more than just placing The committee took no immediate supports following student re- students in front of a screen and action on the bill. moval from a class; and expecting them to watch a teacher • physical intervention for safety. engage with the students physically Bill would authorize teachers Districts would receive a base train- present in the classroom,” Perez said. to use physical intervention ing reimbursement of $2,000 for each Elizabeth Eynon-Kokrda of Edu- school building with grades above cation Rights Council also testified The Education Committee heard kindergarten. Schools with 80 or more in support, saying Nebraska school testimony Feb. 9 on a bill that would full-time teachers would qualify for districts have taken wildly different require school districts to provide be- additional reimbursement. approaches to remote instruction havioral awareness training to teachers In addition, LB673 would require during the pandemic. She said some and certain other school staff. each district to designate at least one offer only synchronous instruction, LB673, introduced by Sen. Dave employee as a behavioral awareness in which remote students watch their Murman of Glen- and intervention point of contact for teacher in real time, something that vil, also would each school building. Districts would is especially difficult for students with authorize teachers have to maintain or have access to an learning disabilities or low English and other school existing registry of local mental health proficiency. personnel to use and counseling resources, and each LB623 would allow school districts reasonable physi- point of contact would coordinate to create their own remote learning cal intervention student access to those services when- plans while requiring them to be peda- to manage student Sen. Dave Murman ever possible. gogically sound, meet basic standards behavior to protect the student or The bill also would require school and give students an idea of what is another person from physical injury. districts to have a policy that describes expected of them, Eynon-Kokrda said. The bill would require each school the process of removing a student “As a state, if we want sound edu- district to offer annual behavioral from a class and returning a student cational practices and equity for all awareness and intervention training to a class. kids, we need the structure that LB623 to teachers, administrators, paraprofes- Under LB673, teachers or other offers,” she said. sionals, school nurses and counselors school personnel would not be sub- Jack Moles, executive director beginning with the 2021-22 school year. ject to professional or administrative of the Nebraska Rural Community Those staff members would receive discipline or be held criminally or Schools Association, testified in op- the training before the end of school civilly liable for physical intervention position to the bill on behalf of his year 2023-24 and receive a review at or removal of a student from a class organization, the Nebraska Council of least once every three years. if they acted in a reasonable manner School Administrators, the Nebraska Under LB673, Murman said, all and in accordance with school policy.

107TH LEGISLATURE • UNICAMERAL UPDATE • PAGE 11 February 8 - 11, 2021

Those protections would not be dinez of the ACLU of Nebraska. She Nebraska implemented a statewide made contingent on whether a school said state law already authorizes teach- privatization of its child welfare system employee has completed behavioral ers to take actions that are reasonably in 2009. By 2012, the experiment had awareness and intervention training. necessary to help a student, further failed and all service areas except the Mark Bonkiewicz of Omaha testi- school purposes or prevent interfer- one serving Douglas and Sarpy coun- fied in support of the bill, saying dis- ence with the educational process. ties had returned to DHHS casework ruptive students can interrupt lessons A Nebraska Supreme Court case provision. and endanger their classmates. determined that the law authorizes In 2019, the department awarded “Without proper decorum and teachers and administrators to use Saint Francis Ministries a $197 mil- discipline in a classroom,” he said, physical contact short of corporal lion, five-year contract as provider for “the teaching environment is replaced punishment to the degree necessary the eastern service area. LR29 states with chaos.” to preserve order and control in the that Saint Francis Ministries has esti- Kristen Larsen testified in op- school environment, Godinez said. mated a $27 million operating loss for position to LB673 on behalf of the The committee took no immediate the first year of the contract and may Nebraska Council on Developmental action on the bill. be at risk of bankruptcy. Disabilities. Although the bill would Cavanaugh said the history of child address the need for behavioral aware- welfare privatization in Nebraska is ness training, she said, it fails to recog- indicative of systemic problems with nize research showing that students of how the state approaches caring for color and those with intellectual and vulnerable children. She said her developmental disabilities experience interest is not in assigning blame, but a much higher rate of physical inter- Investigative committee sought in finding solutions. vention, discipline and removal from for child welfare contract “We’ve been here before,” Cavana- the classroom than their peers. ugh said. “Here we are, over a decade “While we understand the need for The Legislature would establish a later, and no lessons have been learned.” teachers and administrators to main- committee to investigate the quality of The proposed committee would tain control [on] school property and care and related staffing issues in one include members of the Health and to keep all students and faculty safe,” of the state’s child welfare service areas Human Services, Appropriations, Larsen said, “we cannot condone the under a proposal considered Feb. 10 Education and Judiciary committees use of physical intervention to manage by the Executive Board. appointed by the Executive Board. student behavior.” LR29, introduced by Omaha Sen. The committee would have subpoena Brad Meurrens, public policy di- Machaela Cava- power and would report findings and rector for Disability Rights Nebraska, naugh, would recommendations to the Legislature also testified in opposition. Nebraska create the East- by Dec. 1, 2022. schools already are required to have re- ern Service Area Speaking in favor of the proposal straint and seclusion policies, he said, Child Welfare was Lana Temple-Plotz, CEO of Ne- but they vary from district to district. Contract Spe- braska Children’s Home Society. Meurrens said the Legislature cial Investigative Testifying on behalf of the Children should work with schools, families and Oversight Sen. and Family Coalition of Nebraska — a and disability advocates to make those Committee. The committee would statewide association of 10 child welfare policies uniform and ensure that they investigate placement and quality of and family service provider agencies — focus on preventing dangerous be- care received by children in Nebraska’s she said the initial contract between havior rather than controlling it with eastern service area through the state’s Saint Francis Ministries and the state physical intervention. contract with Saint Francis Ministries. was not feasible and that the procure- “We don’t need to reinvent the The committee also would study the ment process should be investigated. wheel,” he said. “We need to bolster process undertaken by the state Depart- “We are extremely concerned with and improve the existing policies that ment of Health and Human Services the ability of Saint Francis to carry schools already have.” and Administrative Services to award, out the contractual agreement with Also in opposition was Rose Go- implement and oversee the contract. the state of Nebraska without disrupt-

PAGE 12 • UNICAMERAL UPDATE • 107TH LEGISLATURE February 8 - 11, 2021 ing or causing harm to children and also spoke in support. He said LB72 families in the [eastern service area],” would not violate the state’s open Temple-Plotz said. container law and that most establish- Kerry Winterer, former DHHS ments have sold alcohol responsibly CEO, also supported the proposal. Expansion of to-go alcohol during the pandemic. Winterer, who led the department’s sales considered “We’ve received very few com- initial efforts to implement privatiza- plaints,” Rupe said. tion and then course-correct after its The General Affairs Committee Chris Wagner of Project Extra failure, called the Saint Francis con- heard testimony Feb. 8 on a bill in- Mile testified against LB72. In written tract “grossly underfunded.” tended to expand off-premises alcohol testimony, Wagner said the bill would Winterer said Saint Francis has sales in Nebraska. make alcohol more readily available failed to achieve the state-mandated LB72, introduced by Sen. Suzanne in Nebraska and exacerbate societal caseworker ratio — which he said is not Geist of Lincoln, would allow the hold- problems associated with excessive surprising, given that their contract er of a Class C li- drinking. bid was less than 60 percent of what quor license to sell “According to the Centers for Dis- the previous provider needed to carry alcohol not in the ease Control and Prevention, our state out its duties. original package ranks as the fifth-worst binge drinking “This bid clearly should not have — such as a mixed state in the country and has the sec- been awarded to Saint Francis,” Win- drink or cocktail ond-worst rate of self-reported drunk terer said. “I think anyone … who had — for consumption driving,” Wagner said. “Cocktails-to- experience with that whole privatiza- off the premises. Sen. go is not going to solve these problems, tion process and saw these contracts The holder of a Class I liquor license it’s going to make them worse.” signed with the dollars [bid] would say, could do the same if the alcohol is not The committee took no immediate ‘It can’t work.’” partially consumed and is purchased action on the bill. Current DHHS CEO Dannette with food. Smith testified in opposition to the Alcohol sold under the bill’s provi- Bill would reduce tax on proposal. She said the Legislature’s sions would be in a sealed, labeled con- certain alcoholic beverages existing Health and Human Services tainer with a tamper-evident lid, cap Committee can provide the necessary or seal and, if placed into a car, be out Taxes on ready-to-drink cocktails oversight for the child welfare contract- of reach of the driver or passengers. would be significantly lowered under ing process for the eastern service area. Nebraska bars and restaurants were a bill considered Feb. 8 by the General “A separate, special investigative allowed to sell alcohol off site under a Affairs Committee. committee proposed in LR29 would directed health measure implemented LB578, introduced by Omaha limit the department’s ability to move during the COVID-19 pandemic, Sen. Tony Vargas, forward efficiently,” she said. Geist said, and LB72 would make that would tax ready-to- Smith said the department signed change permanent. drink cocktails at an emergency contract extension with “If there is something we can do, 31 cents a gallon. Saint Francis Ministries in January or I could do, to help these businesses The bill defines 2021, which will ensure continuity recover and stay open, then we should ready-to-drink of care and stability in the system for try,” Geist said. cocktails as spirits children and families until the situa- Lincoln restaurant owner Dean in an original con- Sen. Tony Vargas tion can be stabilized. Hart testified in support of the bill. tainer with up to 12.5 percent alcohol Calling the current circumstances Revenue at Hart’s restaurant has by volume. “unfortunate,” Smith said DHHS also dropped 40 percent since the pan- Vargas said the current excise tax is developing a more transparent pro- demic began nearly a year ago, he said, rate of $3.75 a gallon on such prod- cess for managing the new emergency but without the ability to sell liquor ucts is “exorbitant” and prices many contract with Saint Francis. his business would be “in dire straits.” products out of the market, limiting The committee took no immediate Hobert Rupe, Director of the Ne- the profitability of alcohol vendors. action on the proposal. braska Liquor Control Commission, “Many of these products in the

107TH LEGISLATURE • UNICAMERAL UPDATE • PAGE 13 February 8 - 11, 2021 market have similar alcohol by volume a guard member Eliot Bostar of Lincoln, counties still to beer and hard seltzer,” Vargas said. who served on or could adopt and Zac Triemert, president of Brickway after July 1, 1973, enforce short-term Brewery and Distillery, testified in sup- or served in active rental ordinances port of LB578. He said the bill would duty or reserve fed- that protect the “change the landscape” of what the eral service would health and safety company can do. be eligible. The bill of the public, but Sen. “As long as the canned cocktail tax would remove a could no longer rate is higher than hard seltzers, it’ll requirement that a guard member prohibit residents Sen. Eliot Bostar never grow to be a significant part of have served during wartime to receive from renting all or part of their the market,” Triemert said. a marker. property for 30 or fewer days. The Justin Brady, testifying on behalf Linehan said she was surprised bill would not affect regulation of a of the Nebraska Liquor Wholesalers, to learn that not all guard members homeowners’ association. also spoke in support. He said LB578 are eligible for a marker. Current Bostar said the bill was an exten- would provide a much-needed defini- law sends a message that, “somehow, sion of one signed into law in 2019 tion for ready-to-drink cocktails. you’re not as deserving as those who that prohibits cities and villages from “I think the market can grow,” got deployed,” she said. banning short-term rentals. Brady said. Allison Himes testified in support “The broader intent of the bill is Chris Wagner of Project Extra Mile of the bill. She said her family was un- to ensure that individuals are subject testified against the bill. In written able to obtain a military marker for her to consistent legal treatment regarding testimony, he said reducing the price brother, who died in 2017 after serving their ability to rent their property,” of alcoholic beverages leads to greater in the National Guard. he said. consumption and that the state would “If you were not called up by the Tyson Franzen testified in support lose revenue from reduced taxation. president you’re not entitled to any of LB631. Franzen said he has rented “Higher alcohol taxes reduce binge sort of recognition in terms of a burial out his property in rural Otoe County drinking and have a greater impact marker,” Himes said. as a campground through a short-term on youth since they are much more Ryan McIntosh of the National rental company. The county charged responsive to price increases than Guard Association of Nebraska also him $600 for a permit and imposed adults,” Wagner said. testified in support. He said current other requirements, he said. The committee took no immediate law excludes individuals who have “Campgrounds require things like action on the bill. served for many years in the Nebraska 12-foot wide rock roads, full electric, National Guard. water, septic [services, and] concrete “LB261 is a simple solution to paths. This was a very large investment this,” McIntosh said. that I could not afford, nor did I want No one testified against LB261 and to do,” Franzen said. the committee took no immediate Laura Ebke of the Platte Institute action on it. also spoke in support of the bill. “We don’t believe that counties National Guard grave markers Bill would prohibit short-term that levy taxes on private property considered rental bans should place limits on how property owners can sublet their property pro- Certain members of the Nebraska Nebraska counties would no longer vided that no real harm is being done National Guard could receive a be able to ban property owners from to others in the process,” Ebke said. military grave marker under a bill renting their property through Airbnb No one testified against the bill considered Feb. 11 by the Govern- and other short-term rental companies and the committee took no immediate ment, Military and Veterans Affairs under a bill considered Feb. 11 by the action on it. Committee. Government, Military and Veterans Under LB261, introduced by Affairs Committee. Elkhorn Sen. Lou Ann Linehan, Under LB631, introduced by Sen.

PAGE 14 • UNICAMERAL UPDATE • 107TH LEGISLATURE February 8 - 11, 2021

state has adopted,” he said. ordered out-of-home placement to Also offering written testimony participate in the Young Adult Bridge in support was Robert Hallstrom on to Independence program. behalf of the Nebraska Pharmacists As- Youth who are aging out of the sociation. He said many of the approxi- juvenile justice system often lack sup- mately 5,200 pharmacists registered in port, Pansing Brooks said. Bill would require PDMP Nebraska do not live or practice in the “They can find themselves alone registration state and that exempting them from or homeless. It is especially crucial to the registry was appropriate. reach these at-risk kids so that we can The Health and Human Services Felicia Quintana-Zinn, deputy di- ensure that they have proper supports Committee heard testimony Feb. 10 rector of the Division of Public Health to keep them from entering our adult on a bill that would require most at the state Department of Health and prison system,” she said. prescribers and dispensers to register Human Services, testified against the Pansing Brooks added that the bill with the state’s prescription drug bill. She said the department opposes would extend eligibility to about 30 monitoring program. additional mandates on prescribers young adults. LB86, introduced by Sen. Bruce and said the bill would create more Sarah Helvey of Nebraska Apple- Bostelman of Brainard, would mandate work for DHHS staff. seed testified in support of the bill. She that active prescrib- About 25 percent of licensed pre- said LB202 would not only help young ers and dispensers scribers and 37 percent of licensed adults have a better life, but would save who are registered pharmacists in Nebraska have regis- the state money by keeping them out of under the Uniform tered for the monitoring program, the adult correctional system. Credentialing Act Quintana-Zinn said. “We believe it carefully targets a also register with “This leaves nearly 16,800 persons subset of the juvenile justice popula- the state Depart- to be registered within a few months,” tion who need the support of [the ment of Health Sen. she said. “Both the PDMP registration program] because they don’t have a and Human Services for the PDMP. and the updates to the current mod- home to return to,” Helvey said. The bill would exempt credential hold- ernization projects would be time and Laura Opfer of the Nebraska Chil- ers who don’t prescribe, dispense or resource intensive.” dren’s Commission also spoke in favor treat patients as well as veterinarians The committee took no immediate of LB202. Program participants are and members of the armed forces who action on LB86. more likely to have attended college, do not practice in Nebraska. found safe and affordable housing and Bostelman said the bill would help have adults that they can turn to when Nebraska comply with a federal law Foster care transition program in crisis than young adults who are not that mandates that prescribers and would expand in the program, she said. dispensers register with a monitoring The Health and Human Services “We believe every youth is one car- system by Oct. 1, 2021. He added that Committee heard testimony Feb. 11 on ing adult away from being a success federal funding for the state’s prescrip- two bills that would expand eligibility story,” Opfer said. tion drug monitoring program would for a state program that provides a sys- Stephanie Beasley, director of the be available if LB86 passes. tem of supports for state wards as they Division of Children and Family “Nebraska could expect funding transition out of the foster care system. Services at the state Department of in perpetuity for our PDMP,” he said. LB202, introduced by Sen. Patty Health and Human Services, testified Dexter Schrodt of the Nebraska Pansing Brooks in opposition. Medical Association testified in support of Lincoln, In written testimony, she said the of LB86. In written testimony, Schrodt would allow expansion would increase program said Nebraska physicians are aware that juvenile-adjudi- expenses and complicate eligibility past prescribing practices contributed to cated youth who determinations. the opioid epidemic and that the PDMP are at least 19 “Unless a youth is dually adjudi- helps address the problem. years old and cated with an abuse or neglect case, “The PDMP is an important tool were in a court- Sen. the department has concerns about for accountability that nearly every

107TH LEGISLATURE • UNICAMERAL UPDATE • PAGE 15 February 8 - 11, 2021

the ability to determine eligibility for may not be able to meet the program’s “The current initial eligibility levels probation youth, as DHHS will not educational and work requirements [of the program] prevent many low- have the authority to obtain [the] because of their immigration status. income families from accessing much- documents needed,” Beasley said. She added that expanding the pro- needed assistance that enables them to LB262, intro- gram would increase state expenses. stay engaged in the workforce.” duced by Sen. Tony “LB262 would cause an additional Adam Feser with early childhood Vargas of Omaha, fiscal burden by extending medi- development organization First Five would extend cal coverage to participants in [the Nebraska testified in support of the eligibility for the program who are] not eligible for bill. The child care subsidy enables program to young Medicaid,” Beasley said. “This would families to afford more educational op- adults who are not include not only the expansion group tions and earn more income, he said. lawfully present in Sen. Tony Vargas identified in LB262 but all individuals “Currently, Nebraska has some of the country. in [the program] who are not receiving the most restrictive eligibility criteria Vargas said not allowing undocu- medical assistance.” for child care assistance in the coun- mented youth into the program sets The committee took no immediate try,” Feser said. “We have an oppor- them up for failure, adding that there action on either proposal. tunity to change that.” currently are eight young adults in J.P. Lauterbach, chief operating Nebraska whose immigration status Bill would expand child care officer of the YMCA of Lincoln, also prevents their participation. assistance testified in favor of LB485. He said “When they’re missing out on that for every child receiving the sub- these services, they’re missing out More Nebraskans would be eligible sidy there are five more on the state’s on the opportunity to have the type for subsidized child care assistance waiting list. of transition that enables them to under a bill considered Feb. 10 by “Imagine a single parent or even be truly independent, hard-working the Health and Human Services a couple, working full time, making Nebraskans,” Vargas said. Committee. between $9 and $12 an hour, trying to Allison Derr of Nebraska Apple- LB485, introduced by Bennington afford quality child care for their two seed spoke in support of LB262. She Sen. Wendy DeBoer, would increase children so they are safe and learning,” said young adults in the immigration the income eligi- Lauterbach said. system in particular are at risk after bility limit of the Leslie Andersen, testifying on transitioning out of foster care. Child Care Sub- behalf of the Nebraska Chamber of “The importance and effectiveness sidy program from Commerce and Industry, also spoke of [the program] can’t be overstated 130 percent of the in support. She said the bill would give and that’s especially so for young federal poverty lev- families “more breathing room” to pur- people needing assistance navigating el to 185 percent. sue higher education or a new career. our complex immigration system, of- The bill also would Sen. Wendy DeBoer Stephanie Beasley, director of the ten without family or other supportive increase transitional child care income Division of Children and Family adults,” Derr said. eligibility from 185 percent of FPL to Services at the state Department of Rose Godinez of the ACLU of 200 percent. Health and Human Services, testified Nebraska also testified in support. DeBoer said this change would in opposition to the bill. She said federal law grants states the lessen the so-called “cliff effect” that Affordable child care is important authority to expand access to services occurs when a raise or promotion for families, Beasley said, but increas- like the Young Adult Bridge to Inde- causes an individual receiving subsi- ing the income limit would be too pendence program and that many of dized child care to lose that benefit. costly to the state. The bill would add the individuals who would be covered Child care is a vital part of Ne- approximately 10,800 children to the by LB262 are on a path to legal im- braska’s economy, DeBoer said, and program, she said, requiring DHHS migration status. lack of affordable child care can drive to hire 21 new employees at a cost of Beasley testified in opposition to people out of the labor market. $29.7 million next fiscal year. LB262 on behalf of DHHS. “Investing in child care is an invest- The committee took no immediate She said that undocumented youth ment in our workforce,” DeBoer said. action on LB485.

PAGE 16 • UNICAMERAL UPDATE • 107TH LEGISLATURE February 8 - 11, 2021

information regarding the mother’s experience treating mental illness or parental rights while in custody. substance abuse. A correctional facility also could Like Nebraska, many states already allow a pregnant prisoner, detainee or have specific criteria in state law Incarcerated mothers’ rights juvenile to live in a dedicated space for regarding the background of board discussed mothers prior to giving birth, if space members, McCollister said, including is available. experience in law, criminal justice and A bill meant to keep infants with Speaking on behalf of the ACLU human resources. their incarcerated mothers whenever of Nebraska, Scout Richters supported “Due to the increase of behavioral possible was heard by members of the LB119. The bill is important, she said, health issues in our criminal justice Judiciary Committee Feb. 11. because the number of women in system, and especially within our cor- LB119, sponsored by Omaha Sen. American prisons and jails grew 700 rectional system, it would make sense Machaela Cavanaugh, would require percent from 1980 to 2019. to have a member with training and that a lactat- “The bill provides that the default experience with these issues,” he said. ing mother be is that infants remain with their The bill also would extend board given the oppor- mothers who are incarcerated or in members’ terms from six to eight tunity to nurse a juvenile facility, which provides the years, beginning with terms starting or express milk means to keep families together during after Jan. 1, 2023. No member could for her infant critical periods of child development,” be reappointed for a consecutive term. while housed in Richters said. In addition, board members would a state Depart- Sen. Machaela Cavanaugh NDCS Director Scott Frakes op- elect a chairperson to serve a four-year ment of Correctional Services facility, posed the bill. Allowing a mother term. Currently, the chairperson is county jail or youth rehabilitation and to bring her baby into a correctional appointed by the governor. treatment center. facility, he said, is tantamount to Spike Eickholt, representing the Cavanaugh said the bill is an at- sentencing that child to incarceration. ACLU of Nebraska, spoke in support tempt to improve opportunities for in- “Prison poses inherent dangers, of LB130. He said there are high rates carcerated women and youth housed even in the most secure environments,” of substance abuse and mental illness in a YRTC to bond with their infants. Frakes said. “I don’t believe that it’s in the state’s correctional system. “Research and common sense tell good public policy to remove children “It would be natural that someone us that bonding with a newborn is from the community and bring them who’s on the parole board and review- essential for that child to thrive and into a prison environment.” ing people who will be placed back in a great motivator for that mother to The committee took no immediate the community would at least have care for that child in a way that keeps action on LB119. some appreciation and experience her out of a YRTC, jail or prison in with the issues of mental illness and the future,” she said. Changes proposed for parole substance abuse,” Eickholt said. “It’s The bill also would prevent physi- board important not only for the offenders cal separation of a child younger than appearing before the parole board, 24 months from his or her mother, Members of the Judiciary Commit- but also for parole board members to unless a facility administrator deter- tee heard testimony Feb. 11 on two understand the needs of the people mines that doing so presents a clear bills addressing the duties and mem- who are going to be [released].” and imminent danger to the child or bership of the state Board of Parole. McCollister also introduced to comply with a court-ordered cus- Under LB130, LB269. The bill would require the tody arrangement or formal parenting sponsored by Oma- Board of Parole to review the record of agreement. ha Sen. John Mc- every parole-eligible individual when Each facility operator would be re- Collister, at least they have been incarcerated for more quired to develop a parent separation one of the mem- than 30 years or are within three years policy, which would include a process bers appointed to of their earliest parole eligibility date. for placing an infant with their mother, serve after Jan. 1, He said the bill could help allevi- a plan to provide for lactation and 2023, must have Sen. John McCollister ate pressure on Nebraska’s already

107TH LEGISLATURE • UNICAMERAL UPDATE • PAGE 17 February 8 - 11, 2021 overcrowded prisons. correctional facilities when visiting estimated cost of “The intent of [this bill] is to iden- incarcerated offenders. imprisonment in tify committed offenders who are least Attorneys already can bring an open court when likely to reoffend and are most likely electronic device into a correctional sentencing a defen- to succeed under release and parole,” facility with prior approval, Wayne dant. For example, McCollister said. said, and that exception has not been if the state is spend- LB269 also would require the problematic. ing $200,000 to in- Sen. Michael Flood board to publish an annual list of “It’s used as an investigatory tool,” carcerate someone committed offenders who are at least he said. “It’s easier to record conver- for five years, Flood said, the public 60, have been convicted of nonviolent sations when you’re talking to your should understand those costs and offenses, have high-risk medical con- client and take notes.” have input into possible alternatives. ditions and could be considered for Jerall Moreland, deputy ombuds- “This bill is intended to provide a early parole. man for institutions with the Office of fiscal note of sorts so that the general Spike Eickholt, appearing again the Public Counsel, spoke in support public and all Nebraskans can have the on behalf of the ACLU of Nebraska, of LB333. The public counsel has the opportunity to think about whether testified in support of the bill. Once authority to investigate administrative the offender’s conduct warrants the offenders reach a certain age, they agencies, he said, and electronic com- amount of money required to incarcer- become less of a threat to the commu- munication devices are an essential tool. ate him or her,” he said. nity, he said, even if they committed a “[They] allow for the collection The bill would require the state violent or heinous crime. and relaying of relevant information Department of Correctional Services “I think if the public had some sort to [investigations],” Moreland said. “It to calculate the average cost of impris- of understanding of who we have in also supports observations that could onment for inmates for the preceding prison and what it’s costing the com- aid report writing.” year and submit such data to the Ne- munity and the state to house those Also testifying in support was braska Commission on Law Enforce- people, that might result in some pres- Spike Eickholt, speaking on behalf ment and Criminal Justice annually sure to consider actually paroling or of the Nebraska Criminal Defense beginning Aug. 1, 2022. releasing people of a certain age who Attorneys Association. He said much The data would be forwarded by are no longer a threat,” Eickholt said. of the information in the discovery the commission to the state court No one testified in opposition to process, including police reports, are administrator, who then would be either bill and the committee took no in digital format. required to distribute the data to all immediate action. “You need to be able to show your county and district courts by Sept. 15 client [that information] so that they each year. Exception to electronic device can make an informed decision regard- Spike Eickholt, representing the ban proposed ing that case and this bill would allow ACLU of Nebraska, spoke in support that,” Eickholt said. of LB335. A person found guilty of The Judiciary Committee heard No one testified in opposition to forging $5,000 worth of checks should testimony Feb. 11 on a bill that would LB333 and the committee took no face consequences, he said, but incar- allow certain visitors to bring elec- immediate action on it. ceration may not make fiscal sense. tronic communication devices into “People are willing to pay for lock- the state’s correctional facilities. Required reporting of ing up the really bad people,” Eickholt LB333, spon- incarceration costs discussed said. “[However], I think the public sored by Omaha might be somewhat more understand- Sen. Justin Wayne, The Judiciary Committee heard ing that it might not make sense to would allow an at- testimony Feb. 10 on a bill meant to lock up somebody like that for $41,000 torney, the pub- create fiscal transparency in the crimi- a year.” lic counsel or any nal sentencing process. Opposing the bill was Tim Hruza, member of the Leg- LB335, sponsored by Norfolk speaking on behalf of the Nebraska islature to bring a Sen. Justin Wayne Sen. Michael Flood, would require State Bar Association. The cost of device — without prior approval — into the court to announce the total incarceration is important informa-

PAGE 18 • UNICAMERAL UPDATE • 107TH LEGISLATURE February 8 - 11, 2021 tion, he said, but should not impact discretion to apply any unused good another will help lawmakers to see the administration of justice. time credit earned during a previous trends, especially trends related to race “We have some concerns about incarceration if an individual is ar- and ethnicity. giving a judge pause in applying the rested on a new charge. Judges already “Having easily accessible and con- appropriate sentence to those facts have this authority when imposing sistent data is of utmost importance [of a case] … and pointing citizens to state prison sentences. for us as policy makers when drafting the judge as the person who is in best George Dungan, representing the legislation,” she said. “It’s also impor- control of that [cost],” Hruza said. Nebraska Criminal Defense Attor- tant for advocates and citizens to have The committee took no immediate neys Association, spoke in support access to this data as they participate action on LB335. of LB444. From a purely logistical in the legislative process.” perspective, Dungan said, creating The report — due each Nov. 1 — Good time changes proposed harmony between the state and county would include information on each for county jail inmates good time statutes would add some individual’s age, race, ethnicity and clarity to an already complex process. gender, as well as the individual’s prior Individuals incarcerated in county “Certainly, we want to be encourag- county of residence, citizenship status, jails would start earning credit toward ing individuals in custody to maintain offense of conviction and the type and their sentences earlier under a bill that good time,” he said. “If we’re going length of sentence imposed. heard by the Judiciary Committee to be making sure that individuals are Names, dates of birth and address- Feb. 10. cooperative and working inside that es would not be included in the report. Currently, when inmates begin jail, I think it makes sense to let them Speaking in support of LB499 serving a state prison sentence, they start earning that good time from the was Ryan Spohn, a criminal justice are eligible to earn day-for-day “good very first day that they’re in custody.” researcher. A more thorough ex- time” credit toward their sentences for No one testified in opposition to amination of additional data points following rules and not engaging in the bill and the committee took no will improve transparency regarding prohibited conduct. Inmates serving a immediate action on it. important government services, he sentence in a county jail also can earn said, and help identify sources of racial this good time, but only after the first Bill would require correctional and ethnic disparities in the criminal 14 days of their sentence. demographic data report justice system. LB444, spon- “Data is what allows us to evaluate sored by Lincoln Lawmakers would have a clearer the operations of our criminal justice Sen. Matt Hansen, understanding of individuals involved and correctional systems so that we would amend the in the state’s correctional system can hold informed conversations good time rate for under a bill heard by the Judiciary regarding methods for important jail sentences to Committee Feb. 11. public safety through effective and mirror the state LB499, sponsored by Bennington cost-effective community corrections prison good time Sen. Matt Hansen Sen. Wendy DeBoer, would require and institutional correctional prac- rate, effectively abolishing the 14-day the state Depart- tices,” Spohn said. waiting period. ment of Correc- No one testified in opposition to It is not good policy, Hansen said, tional Services, Of- the bill and the committee took no to discount an entire two weeks of a fice of Probation immediate action on it. jail sentence from being eligible for Administration good time. and Division of Pa- Earned time incentives proposed “I would argue that the first two role Supervision to weeks are a time when this tool would report annually to Sen. Wendy DeBoer Individuals incarcerated within be most helpful to jail staff,” he said. the Legislature regarding the status of the state Department of Correctional “At the same time, it would streamline each active case under its supervision. Services system could reduce their shorter jail sentences to match those Reported data collection has been sentences under a bill considered by at our prisons.” sporadic, DeBoer said, and having the the Judiciary Committee Feb. 10. The bill also would give judges the ability to compare one year against Under LB624, sponsored by Oma-

107TH LEGISLATURE • UNICAMERAL UPDATE • PAGE 19 February 8 - 11, 2021 ha Sen. John McCollister, incarcerated Opposing LB624 was NDCS The evidence-based, data-driven individuals could Director Scott Frakes. The earned strategic action plan would examine earn credit against time system created by the bill would the impacts of climate change on ag- their minimum complicate staff scheduling, he said, riculture, water resources, health care sentence term for and inhibit timely delivery of clinical and public health, energy generation completion of pro- treatment. and use, ecosystems and forestry, rural social and rehabili- “For those eligible for earned time, and urban communities, transporta- tative activities. the bill creates disparities between tion and commerce and industry. Earned time is Sen. John McCollister those who have access to certain pro- The plan would include a baseline a not a new idea, McCollister said, grams and activities and those who measurement of the state’s greenhouse but it is currently not used effectively do not,” Frakes said. “Also, it’s not gas emissions, or carbon footprint. in Nebraska. feasible to replicate programming and It also would assess risks and vulner- “This will offer an incentive for pro-social activities at all facilities, nor abilities from climate change as well as all those incarcerated to … maintain does it make sense to try to do so.” opportunities presented by adaptation good conduct while in custody,” he The committee took no immediate and mitigation strategies. said. “This hugely benefits NDCS in action on the bill. Additionally, it would include that more of those in custody will be measurable benchmarks and goals and engaged in programming rather than provide recommendations for new engaged in negative or destructive policies and changes to policies and behavior.” programs that support those goals. Pro-social and rehabilitative ac- The plan would be developed with tivities would include seeking employ- State climate change action public comment and engagement, ment, education, reduced misconduct, plan proposed input from climate, water and other self-betterment groups, peer support, experts and examination of other drug treatment, spiritual awareness, The University of Nebraska would states’ strategic action plans. entrepreneurship courses and restor- develop a plan to help the state miti- To pay for the plan, LB483 would ative justice training. gate and adapt to the effects of extreme direct the state treasurer to transfer LB624 would offer a wide range of weather events or climate change un- $250,000 from the Petroleum Release earned credit depending on the activ- der a bill heard Feb. 11 by the Natural Remedial Action Collection Fund to ity, including up to one year of credit Resources Committee. the university, which would submit the for completion of a general education Omaha Sen. John Cavanaugh, finished plan to the Legislature and the development test. McCollister offered sponsor of LB483, governor on or before Dec. 15, 2022. an amendment at the hearing that said there is broad Al Davis testified in support of the would allow individuals currently in- consensus among bill on behalf of the Nebraska chapter carcerated to retroactively earn credit scientists that cli- of the Sierra Club. He said the plan for pro-social activities completed on mate change is real would build on a 2014 UNL report or before Jan. 1, 2017. and is caused by assessing the implications of climate Spike Eickholt, speaking on behalf human activity. change for Nebraska. A 2015 legisla- of the ACLU of Nebraska, supported The proposed plan Sen. John Cavanaugh tive task force voted unanimously to the bill. It would provide an opportu- would not mandate specific actions, he create a climate action plan, Davis nity to further incentivize individuals said, but would give policymakers a said, but it was never developed. in prison to get programming and roadmap to mitigate and adapt to the “It’s long past time that this step is attend classes, he said. effects of a changing climate. accomplished,” he said. “There’s a certain segment of “Extreme droughts or flooding can Also in support was John Hansen, the population that just doesn’t do take a substantial toll on our farmers president of the Nebraska Farmers programming because they don’t see and ranchers,” Cavanaugh said. “The Union. He said the University of Ne- a point,” Eickholt said. “[The bill] climate action plan is a necessary step braska, home to the National Drought would give people a reason to seek out for our state to confront … changes in Mitigation Center, is well-suited to that programming.” climate head on.” the task.

PAGE 20 • UNICAMERAL UPDATE • 107TH LEGISLATURE February 8 - 11, 2021

“We ought to give them the op- of electricity supply. The credits are be allowed to determine the amount portunity to use that expertise to help carried forward, and any excess credits of net metering they accept. us put together a plan so that we can are paid out at the end of the year. “We believe that renewable dis- minimize the adverse impacts but also A utility is not required to provide tributed generation is good to have in take advantage of the opportunities net metering to additional customer- our systems,” he said. “However, we that also come with it,” Hansen said. generators after the total generating also believe that the amount of that Jesse Starita also testified in sup- capacity of all its customer-generators generation should be left up to our port of LB483. Although climate using net metering is equal to or ex- local utilities.” change poses many risks, he said, it ceeds 1 percent of the capacity neces- Dockhorn said net metering was also presents opportunities in agri- sary to meet its monthly peak demand. meant to encourage the adoption of culture, energy, transportation and LB506, introduced by Omaha Sen. renewable energy. Now that renewable other fields. John Cavanaugh, would increase that energy costs have dropped, he said, it “This bill delivers informed choices cap to 3 percent. is not necessary to expand net meter- to our state senators on how to re- He said net metering benefits utili- ing capacity and further shift the cost spond to a crisis,” he said. “If that’s ties by reducing peak energy demand, of maintaining the electrical grid to not part of good governance, then I allowing them to put off expensive customers who do not generate their don’t know what is.” infrastructure projects. The number own electricity. Mark Whitehead testified in op- of net metering customers is growing Under LB573, introduced by position to the bill on behalf of the quickly, Cavanaugh said, and the cur- Lincoln Sen. Eliot Nebraska Petroleum Marketers and rent cap is too low to meet the demand Bostar, a facility Convenience Store Association. for solar energy in many parts of the would qualify for He said the association does not state. net metering if it have an opinion on the plan’s merits Although some utilities add net has a rated capac- — it opposes the proposed cash fund metering customers beyond the 1 ity at or below 25 transfer because that money is used percent cap — as allowed under the kilowatts as mea- to investigate and clean up leaking law — some do not, he said. sured in alternat- Sen. Eliot Bostar underground fuel storage tanks. “The 1 percent cap is set as a floor,” ing current. The committee took no immediate Cavanaugh said, “and many utilities Bostar said the law does not specify action on the bill. treat it as a ceiling.” which type of current utilities must use John Hansen, president of the when determining whether a custom- Net metering changes Nebraska Farmers Union, testified in er-generator’s facility qualifies for net considered support of the bill. He said some rural metering. Most utilities use a system’s electric associations near the 1 percent alternating capacity, he said, but some The Natural Resources Committee cap refuse to approve net metering use its direct current capacity. heard testimony Feb. 10 on two bills projects, despite demand from some Bostar said this puts solar arrays at a that would modify Nebraska’s net of their customers. disadvantage to wind turbines because metering laws. Jon Dockhorn, general manager of solar panels generate electricity in di- Local distribution utilities must Burt County Public Power District, rect current, which must be converted provide net metering to any customer- testified in opposition to LB506 on to the alternating current accepted by generator with a qualified facility, such behalf of the Nebraska Rural Electric the electrical grid. as a solar array or wind turbine. The Association and the Nebraska Power “Energy loss occurs during inver- utility allows the customer-generator’s Association. Although his public sion,” he said, “making the distinction retail consumption of electricity to be power district still interconnects cus- between measuring in direct current offset by their qualified facility that is tomers’ renewable energy systems, he before that transition or alternating cur- interconnected with the electrical grid. said, it currently exceeds the 1 percent rent after the energy inversion mean- The qualified facility’s net excess cap and no longer accepts new net ingful to our customer generators.” generation during a billing period is metering customers. Robert Best testified in support of credited to the customer-generator at a Because each utility’s system is dif- LB573. He said Norris Public Power rate equal to the utility’s avoided cost ferent, Dockhorn said, utilities should District determined that part of his

107TH LEGISLATURE • UNICAMERAL UPDATE • PAGE 21 February 8 - 11, 2021 solar array does not qualify for net further burdening the other ratepay- proposed storage facility would not en- metering because the system’s direct ers,” Enns said. danger surface waters or underground current capacity exceeds the 25 kW The committee took no immediate drinking water sources and that the maximum, although its output in action on either bill. storage operator would establish a alternating current is less than 23 kW. testing and monitoring plan to assess “I am so set on trying to get this Legal framework for carbon the location and migration of injected resolved because what they’re doing dioxide sequestration carbon dioxide. is incorrect,” he said. “Other power proposed Under LB650, title to a storage districts are using alternating current, reservoir would be vested in the owner but Norris isn’t.” The Natural Resources Committee of the overlying estate unless it has Shelley Sahling-Zart testified in heard testimony Feb. 11 on a bill that been severed and separately conveyed. support of LB573 on behalf of Lincoln would create a legal and regulatory Before issuing a permit, the com- Electric System, the League of Nebras- framework for the geologic storage of mission also must find that the stor- ka Municipalities, NMPP Energy and carbon dioxide in Nebraska. age operator obtained the consent of the Nebraska Public Power District. Under LB650, sponsored by Nor- those who own portions of the storage She said the current law is ambiguous folk Sen. Michael Flood, the Nebraska reservoir comprising at least 60 per- and should be clarified. Oil and Gas Con- cent of the reservoir’s physical volume. Sahling-Zart said most electric servation Com- The bill would authorize the com- utilities approve net metering projects mission would mission to require that any portions of based on their alternating current regulate facilities the reservoir owned by nonconsenting capacity because that is the type of that inject carbon owners be included in a storage facil- current accepted by the electrical grid. dioxide through ity. Those owners would be “equitably “If we were connecting a customer- wells into under- compensated.” owned wind system or methane or ground geologic Sen. Michael Flood LB650 would require storage opera- something else, that would be on formations for permanent or short- tors to pay the commission two fees on alternating current,” she said. “So term storage. each ton of carbon dioxide injected for from our standpoint, that makes it Flood said that by capturing and storage. One would be used to defray more consistent.” sequestering carbon dioxide generated expenses in processing permit applica- Jerry Enns testified in opposition by industrial facilities — particularly tions, regulating storage facilities and to the bill on behalf of Norris Public ethanol plants — Nebraska could in- determining storage amounts. The other Power District and the Nebraska crease the value of its products while would be used to defray expenses in- Rural Electric Association. He said also cutting greenhouse gas emissions curred in the long-term monitoring and net metering is intended to meet or that are tied to climate change. management of a closed storage facility. offset customers’ electricity generation He said the bill would supplement, After carbon dioxide is injected requirements. not replace, the Environmental Protec- into a storage reservoir, a storage op- Of the power district’s approxi- tion Agency’s Underground Injection erator could apply to the commission mately 100 net metering customers, Control program, which authorizes for a certificate of project completion. Enns said, only one has claimed that the type of wells used to inject carbon Once the certificate is issued, title to using a system’s direct current rating dioxide deep underground. the storage facility and its carbon di- to determine whether it qualifies for LB650 would allow geologic stor- oxide would transfer to the state and net metering is unfair. He said Norris age only if a storage operator obtains the storage operator would be released delivered 11,000 kilowatt-hours of a permit from both the commission from all regulatory requirements as- energy to that customer in 2020 and and the federal program. Before the sociated with the facility. received nearly 33,000 kWh. commission issues a permit, it would Chuck Woodside, CEO of a com- “Allowing a solar array’s DC capac- hold a public hearing and consult with pany that operates ethanol plants in ity to exceed 25 kW and still fall within the state Department of Environment Minden and Ravenna, testified in net metering limitations allows the and Energy and the federal permitting support of the bill. For each kernel of opportunity to circumvent the spirit authority. corn used in the ethanol production of [the law] by overproducing and The commission must find that the process, he said, approximately one-

PAGE 22 • UNICAMERAL UPDATE • 107TH LEGISLATURE February 8 - 11, 2021 third is converted to carbon dioxide and sequestration is feasible in parts which would increase the amount of through fermentation. of Nebraska, roughly the western two- various court fees used to help fund He said the ethanol industry has thirds of the state. the judges’ retirement plan. The identified geologic storage of carbon No opponents were present at the amounts would increase to $6 through dioxide as a way to reduce the fuel’s hearing and the committee took no June 30, 2021, and then rise annually carbon footprint, making it more immediate action on the bill. to settle at $12 by July 1, 2025. valuable in markets such as Oregon Traffic diversion programs have and California that score fuels based reduced fee contributions, he said, on their carbon impact. and the pandemic also has negatively Charles Gorecki, CEO of the impacted those fees. University of North Dakota’s Energy “In 2020, the pandemic caused a and Environmental Research Center, significant decrease in court fee rev- also testified in support. He said the enue,” Kolterman said, “including a bill is based on similar legislation Bills would increase funds for drop of $400,000 in the last quarter passed in Montana, North Dakota judges’ retirement system of [the fiscal year].” and Wyoming. Chief Justice Mike Heavican of the Although the EPA would issue The Nebraska Retirement Systems Nebraska Supreme Court testified in permits for the special class of wells Committee heard testimony Feb. 9 on support of both bills. At one time, used in carbon sequestration, Gorecki two bills meant to increase funding for he said, member contributions were said, LB650 would lay the groundwork the state’s retirement plan for judges. enough to fund the judges’ plan, but should Nebraska seek a grant of pri- LB16, as introduced by Seward that is no longer the case. Several court mary regulatory authority, as North Sen. Mark Kolter- fees have not changed since 2005, Dakota and Wyoming have done. man, would add he said, and minimal and gradual Kristen Hassebrook testified in a state contribu- increases are needed. support of LB650 on behalf of the tion, beginning “Court fees are set by the Legisla- Nebraska Chamber of Commerce July 1, 2021, equal ture,” Heavican said. “They do not and Industry. Although Nebraska’s to 4 percent of to- change frequently, nor have there been ethanol industry would see the most tal compensation consistent adjustments for inflation immediate impact, she said, power of plan members, Sen. or wage increases. As a result, revenue plants, steel processors and manufac- which would increase to 6 percent from this source is not guaranteed to turers also could benefit from carbon beginning July 1, 2023. grow.” capture technology. Kolterman offered an amendment In written testimony, Spike Eick- A 2020 Rhodium Group study at the hearing, which would push the holt of the ACLU of Nebraska op- found that Nebraska could see $3.3 start date to 2023. He said the gover- posed LB24. billion to $5 billion in capital invest- nor’s biennial budget already contains “We see court fees as a user fee ment if it pursues all of its immediate funding for the actuarially required for those people who are processed or near-term carbon capture opportu- contribution to the judges’ plan for through, or prosecuted in, the court nities, Hassebrook said. 2021 and 2022. The amendment also system,” he said. “This fee increase, Matt Joeckel, Nebraska state geolo- would lower the increase in 2023 to while admittedly minimal, would gist, gave neutral testimony on his own 5 percent. pass [along] the cost of this bill in a behalf. Although only a few carbon “The purpose of the bill is to manner that disadvantages the poor capture and sequestration facilities are create an annual contribution that and impacts people of color dispro- in operation worldwide, he said, the grows automatically with increases in portionately.” technology shows promise, and many judges’ salaries,” he said, adding that The committee took no immediate experts agree that it should be one of currently earmarked court fees and action on the bills. many strategies for decreasing anthro- member contributions are the only pogenic carbon dioxide emissions. other sources of scheduled contribu- Joeckel said a recent research proj- tions to the judges’ plan. ect concluded that carbon capture Kolterman also introduced LB24,

107TH LEGISLATURE • UNICAMERAL UPDATE • PAGE 23 February 8 - 11, 2021

advertisement. ties. Under LB644, she said, political The proposed hearing would be subdivisions would have to hold two held after 6 p.m. between Aug. 20 separate hearings on property tax and Sept. 20 and would be open to requests. Property tax requests would public testimony. Its agenda would Rex said some counties contain require joint public hearing include only the property tax request more than two dozen political subdivi- proposals. sions, some of which are regional enti- Political subdivisions seeking to Each political subdivision at the ties covering more than one county, increase the amount of property taxes hearing would present certain infor- factors that would complicate finding they collect would have to hold a joint mation, including the: a time and place for a joint hearing. public hearing under a bill considered • amount of the property tax testified in opposi- Feb. 10 by the Revenue Committee. request; tion to LB644 on behalf of the Ne- Under current law, if the governing • percentage difference in total braska Association of School Boards body of a county, city, village, school assessed value of property from and other education groups. School district, learning community, sanitary the prior year; boards already discuss their budgets and improvement district, natural • tax rate that, when multiplied and property tax requests in open resources district, educational service by the new total assessed value session, he said. unit or community college intends of property, would generate the Coash said a bill passed last year to increase its property tax request same amount of property taxes added requirements similar to those as a result of increased valuations, it as the prior year; in LB644, including a provision for may do so only after holding a public • tax rate resulting from the pro- stand-alone budget hearings at which hearing called for that purpose and posed property tax request; and the public has an opportunity to speak. by passing a resolution or ordinance. • percentage by which the politi- The committee took no immediate Under LB644, introduced by Sen. cal subdivision’s total operating action on the bill. Ben Hansen of budget would exceed the prior Blair, those political year’s. subdivisions could The required notice and the resolu- increase their prop- tion or ordinance setting the property erty tax requests tax request would include the same only if they par- information. The resolution or ordi- ticipate in a joint nance would have to be certified and Bill would authorize municipal public hearing. Sen. Ben Hansen forwarded to the county clerk on or broadband, internet services The bill would require counties to before Oct. 15 of the year for which notify affected taxpayers of the hearing it is to apply. The Transportation and Tele- by postcard, the cost of which would If political subdivisions raise their communications Committee heard be shared by the political subdivisions property tax request without following testimony Feb. 9 on a bill that would seeking to increase their property tax the bill’s provisions, their levy would eliminate a ban on local broadband request. Notice also would be posted be considered unauthorized. providers. on the main page of the relevant Sarah Curry, policy director at the LB656, sponsored by Omaha county’s website. Platte Institute, testified in support Sen. Justin Wayne, Hansen said current law does not of the bill. She said many Nebraskans would authorize require political subdivisions to send are unaware of the currently required municipalities to taxpayers direct notification of a prop- hearings and that 77 percent of re- provide broad- erty tax request hearing. spondents to a recent Platte Institute band or internet He said a postcard showing the poll would support a mailed notifica- services on a retail amount that an individual’s taxes tion of a property tax hearing. or wholesale basis. would increase would be more effec- Testifying in opposition to the bill Currently, political Sen. Justin Wayne tive at getting their attention than was Lynn Rex, executive director of subdivisions in Nebraska other than the currently required newspaper the League of Nebraska Municipali- public power suppliers are prohibited

PAGE 24 • UNICAMERAL UPDATE • 107TH LEGISLATURE February 8 - 11, 2021 from providing such services. tition with a service provider, which is schools. The state is enforcing private, for- a private, tax-paying company.” “It’s similar to kids who have profit monopolies, Wayne said, by Jim Ediger, speaking on behalf of experienced lice,” Wayne said. “The prohibiting municipalities from offer- Hamilton Telecommunications, also difference between bed bugs and lice ing the same service as private service opposed LB656. The likely outcome is, often times, lice is just confined providers. He suggested the bill could of the bill, he said, is that municipali- to your home. Bed bugs can move be amended to grant similar authority ties would prioritize service to densely around, particularly through apart- to county governments. populated areas to keep costs low. ment units, and spread quickly and “If a city, village, town or county “The unlevel playing field created exponentially.” decides that they’re tired of their lo- by such policy will chill both private Carl Braun, president of the Ne- cal provider and their democratically investment and competition in the braska State Pest Control Association, elected city council, mayor or county areas served by a municipality,” Edi- testified in support of the bill. He said board decides to implement local ger said. “Further, it is unlikely that bed bugs are not a personal problem, broadband, it should not be illegal to a municipality would serve the areas but a societal one, and that holding do so,” he said. outside of city limits.” tenants responsible for bed bugs dis- Lash Chaffin, speaking on behalf The committee took no immediate courages reporting. of the League of Nebraska Munici- action on the bill. “The state of Nebraska must pro- palities, spoke in support of LB656. actively ensure that our existing legal Municipalities in Kansas, South Da- structures do not incentivize the fur- kota and Wyoming have been offering ther spread of bed bugs,” Braun said. broadband service for years, he said, “When landlords dispute liability and making Nebraska an outlier. tenants lack affordable and effective “If you’re looking for an out-of- Landlord responsibility for bed pest control options, infestations are the-box solution to getting broadband bug infestations sought left untreated.” access across the state, this would do Lynn Fisher, testifying on behalf of it,” Chaffin said. Certain Omaha landlords would the Nebraska REALTORS Association Also supporting the bill was Jon be required to provide bed bug in- and the Real Estate Owners and Man- Cannon, executive director of the spections and treatment under a bill agers Association of Lincoln, testified Nebraska Association of County Of- considered Feb. 9 by the Urban Affairs against LB553. The cost of inspection ficials. Not every county would want Committee. and treatment should be borne by ten- to provide broadband service, he said, LB553, introduced by Omaha Sen. ants, he said. but a number of them are seeking Justin Wayne, would adopt the Bed “Landlords and property owners solutions. Bug Detection and Treatment Act. do not bring bed bugs into their prop- “More and more, with the con- The bill would require landlords of erty,” Fisher said. nected world that we have and with multi-unit dwellings in metropolitan The committee took no immediate the increasingly digital world we have, class cities to have dwellings inspected action on LB553. n [broadband service] is another basic and treated at the landlord’s expense infrastructure tool to move us in that after a complaint — written or electron- direction,” Cannon said. ic — from a tenant. Omaha is currently Opposing the bill was Tip O’Neill, the state’s lone metropolitan class city. president of the Nebraska Telecom- LB553 also would prohibit such munications Association. Maintaining landlords from renting a dwelling the prohibition on local broadband, that they know or suspect to contain he said, would ensure that villages, bed bugs. Tenants would be required cities and counties have the tax base to promptly notify their landlord of a needed to operate. suspected infestation and landlords “The rationale for the prohibition would have 96 hours to respond. is plain,” O’Neill said. “A municipality Wayne said bed bugs are an emerg- should not provide a service in compe- ing public health issue in Omaha

107TH LEGISLATURE • UNICAMERAL UPDATE • PAGE 25 February 8 - 11, 2021 Committee Hearings Current hearing schedules are available at: NebraskaLegislature.gov/calendar Further committee information is available at: NebraskaLegislature.gov/committees/standing-committees.php

Tuesday, Feb. 16 Nebraska Retirement Systems Executive Board Appropriations Room 1525 - 12:00 p.m. Room 1525 - 12:00 p.m. Room 1524 - 1:30 p.m. LB586 (Clements) Require an annual LB107 (McCollister) Adopt the LB576 (Bostar) Appropriate funds to report regarding police and firefighter Redistricting Act the University of Nebraska retirement plans in certain cities LR18CA (Wayne) Constitutional LB646 (Flood) Change the maximum amendment to change legislative term amount of certain Nebraska Career Transportation & Telecommunications limits to three consecutive terms Scholarships Room 1113 - 1:30 p.m. LB671 (Murman) State intent regarding LB610 (Hilgers) Change provisions Government, Military & Veterans Affairs appropriations to the University of relating to improper issuance of a Room 1507 - 9:30 a.m. Nebraska certificate of registration under the LB76 (Slama) Change apportionment of LB588 (Stinner) Change, rename, and Motor Vehicle Registration Act Nebraska’s electoral college votes eliminate provisions of the University LB339 (Bostelman) Require a utility of Nebraskafacilities programs and the coordination plan for certain highway Government, Military & Veterans Affairs state college facilities programs and bridge contracts Room 1507 - 1:30 p.m. Agency 48: Coordinating Commission LB670 (Murman) Authorize design and LR3CA (Slama) Constitutional for Postsecondary Education placement of highway memorial signs amendment to require verification of Agency 50: Nebraska State College identity prior to voting System Urban Affairs Agency 83: Community College Aid Room 1510 - 1:30 p.m. Health & Human Services Agency 51: University of Nebraska LB168 (M. Hansen) Terminate Room 1510 - 9:30 a.m. System authorization for creation of sanitary LB108 (McCollister) Change provisions and improvement districts relating to the Supplemental Nutrition Banking, Commerce & Insurance LB96 (DeBoer) Change provisions Assistance Program Room 1507 - 1:30 p.m. related to sanitary and improvement LB121 (Hunt) Change provisions LB439 (M. Hansen) Change provisions district hearings relating to eligibility for Supplemental relating to stacking of coverage under LB81 (Hilkemann) Provide authority for Nutrition Assistance Program benefits the Uninsured and Underinsured sanitary and improvement districts to LB356 (Hunt) Change provisions relating Motorist Insurance Coverage Act own, construct, and maintain public to disqualification for the Supplemental LB530 (Lathrop) Require certain parking facilities Nutrition Assistance Program insurance policies to comply with federal minimum levels of financial Wednesday, Feb. 17 Health & Human Services responsibility for motor carriers Appropriations Room 1510 - 1:30 p.m. LB612 (Lathrop) Change motor Room 1525 - 9:30 a.m. LB554 (Blood) Adopt the Licensed vehicle liability insurance and financial Agency 82: Commission for the Deaf Professional Counselors Interstate responsibility requirements and Hard of Hearing Compact LB602 (Pahls) Provide restrictions Agency 81: Commission for the Blind LB628 (Morfeld) Change provisions regarding insurance coverage and and Visually Impaired relating to faculty licenses under the consumer care involving aftermarket Agency 67: Equal Opportunity Commission Dentistry Practice Act parts for motor vehicles Agency 68: Latino-American Commission Agency 70: Foster Care Review Board Judiciary Education Agency 76: Neb. Indian Commission Room 1113 - 9:30 a.m. Room 1525 - 1:30 p.m. Agency 90: African American Affairs LB56 (Lathrop) Change provisions LB359 (Pansing Brooks) Change Commission relating to administration of and provisions regarding multicultural eligibility for parole education as prescribed and provide Appropriations LB109 (Pansing Brooks) Provide that powers for the State Board of Education Room 1525 - 1:30 p.m. photographing or recording a peace LB527 (Walz) Change provisions relating Agency 19: Dept. of Banking officer is not obstruction of justice to transition services for students with a Agency 22: Dept. of Insurance LB271 (Morfeld) Adopt the 24/7 developmental disability Agency 87: Accountability and Disclosure Sobriety Program Act LB538 (Walz) Adopt the Community Commission LB500 (Geist) Provide for venue Schools Act and change the Agency 65: Dept. of Administrative for prosecution of certain offenses distribution of income from solar and Services when committed using an electronic wind agreements on school lands communication device

PAGE 26 • UNICAMERAL UPDATE • 107TH LEGISLATURE February 8 - 11, 2021 Committee Hearings Current hearing schedules are available at: NebraskaLegislature.gov/calendar Further committee information is available at: NebraskaLegislature.gov/committees/standing-committees.php

Judiciary appropriations for law enforcement contains more than one subject Room 1113 - 1:30 p.m. training and certification LB477 (Bostar) Require the Secretary LB32 (Pansing Brooks) Provide for LB193 (Wishart) State intent regarding of State to provide an advisory opinion Class ICA and IDA felony classifications appropriations for law enforcement on the object statement and text of and change penalties training a proposed initiative or referendum LB33 (Pansing Brooks) Change provisions LB304 (M. Hansen) Appropriate funds measure relating to minimum sentences to the Nebraska Commission on Law LB34 (Pansing Brooks) Change Enforcement and Criminal Justice Health & Human Services sentencing provisions for crimes LB341 (Stinner) Provide for transfers Room 1510 - 9:30 a.m. committed by a person under twenty- from the State Settlement Cash Fund LB570 (Health & Human Services) one years of age Agency 11: Attorney General Change certain Department of Health LB114 (McCollister) Adopt the Clean Agency 78: Neb. Commission on Law and Human Services model pilot Slate Act Enforcement and Criminal Justice project evaluation periods LB484 (J. Cavanaugh) Provide for a LB491 (M. Cavanaugh) Change and new felony classification and change Appropriations eliminate provisions relating to lead penalties for certain theft offenses Room 1525 - 1:30 p.m. agencies, pilot projects, and service LB505 (J. Cavanaugh) Limit habitual LB353 (Lathrop) Appropriate funds areas for certain social services criminal enhancement to specified to the Department of Correctional felonies Services for a community corrections Health & Human Services facility Room 1510 - 1:30 p.m. Revenue Agency 5: Supreme Court LB129 (McCollister) Change provisions Room 1524 - 9:30 a.m. Agency 15: Neb. Board of Parole relating to eligibility for services under LB292 (Friesen) Change provisions Agency 46: Dept. of Correctional Services the Medical Assistance Act relating to partial payments of property Agency 94: Commission on Public LB376 (M. Cavanaugh) Authorize the taxes Advocacy application for and implementation LB367 (Briese) Impose a tax on Agency 64: State Patrol of services and supports for cash devices under the Mechanical developmentally disabled children and Amusement Device Tax Act Executive Board their families and provide duties for the LB524 (Brandt) Change provisions Room 1525 - 12:00 p.m. Advisory Committee on Developmental relating to the calculation of credits LB658 (McDonnell) Require the Inspector Disabilities under the Nebraska Property Tax General of the Nebraska Correctional LB67 (Day) Change provisions relating Incentive Act System to commission a study to school-based health centers under LB613 (Erdman) Change provisions LB659 (McDonnell) Create the the Medical Assistance Act relating to hearings and decisions on Workforce Development Committee of appeals under the Tax Equalization and the Legislature Judiciary Review Commission Act Room 1113 - 9:30 a.m. Government, Military & Veterans Affairs LB52 (Lathrop) Provide for immunity for Revenue Room 1507 - 9:30 a.m. injury or death resulting from COVID-19 Room 1524 - 1:30 p.m. LB590 (Groene) Change time periods exposure LB291 (Friesen) Change provisions for ballots for early voting LB54 (Lathrop) Change immunity for relating to property tax protests LB125 (McCollister) Provide for ranked- intentional torts under the Political LB521 (Friesen) Change provisions choice voting for certain elections Subdivisions Tort Claims Act and the relating to applications for property tax LB635 (J. Cavanaugh) Change State Tort Claims Act exemptions provisions regarding nomination and LB71 (Wayne) Change provisions LB611 (Hilgers) Correct a reference to a election of certain partisan candidates relating to intentional tort claims under defined term relating to property taxes the Political Subdivisions Tort Claims LB622 (Friesen) Limit the growth of Government, Military & Veterans Affairs Act and State Tort Claims Act real property valuations and provide for Room 1507 - 1:30 p.m. LB139 (Briese) Adopt the COVID-19 adjustments to assessed values LR24CA (Wishart) Constitutional Liability Protection Act amendment to change the one-subject Thursday, Feb. 18 requirement for initiative measures Judiciary Appropriations LB475 (Wishart) Require an opinion Room 1113 - 1:30 p.m. Room 1525 - 9:30 a.m. from the Attorney General with respect LB53 (Lathrop) Provide immunity LB192 (Wishart) State intent regarding to whether an initiative measure for health care providers acting in

107TH LEGISLATURE • UNICAMERAL UPDATE • PAGE 27 February 8 - 11, 2021 Committee Hearings Current hearing schedules are available at: NebraskaLegislature.gov/calendar Further committee information is available at: NebraskaLegislature.gov/committees/standing-committees.php conformance with the crisis standard Appropriations Judiciary of care during a COVID-19 state of Room 1525 - 1:30 p.m. Room 1113 - 9:30 a.m. emergency Agency 69: Neb. Arts Council LB278 (Wayne) Change a penalty LB160 (Wayne) Change provisions of the Agency 13: Dept. of Education for possession under the Uniform Nebraska Hospital-Medical Liability Act LB141 (Stinner) Appropriate funds to Controlled Substances Act LB259 (Halloran) Authorize a civil action the University of Nebraska at Kearney LB301 (B. Hansen) Change drug for damages sustained by public safety LB142 (Stinner) Change provisions schedules and penalties and adopt officers relating to General Fund transfers to federal drug provisions under the LB326 (Slama) Provide immunity the Nebraska Cultural Preservation Uniform Controlled Substances Act for claims against first responders Endowment Fund LB552 (Wayne) Clarify definitions operating motor vehicles and arising LB264 (Stinner) State intent to relating to marijuana under the Uniform from vehicular pursuits and provide for appropriate funds for cultural districts Controlled Substances Act and policies, training, and duties relating to created by the Nebraska Arts Council schedule nabiximols as a Schedule III vehicular pursuits LB342 (Stinner) Appropriate funds to controlled substance the State Department of Education Revenue LB361 (Dorn) State intent regarding Judiciary Room 1524 - 9:30 a.m. appropriations to the State Department Room 1113 - 1:30 p.m. LB310 (Clements) Change inheritance of Education LB481 (McKinney) Adopt the tax rates and exemption amounts Marijuana Conviction Clean Slate Act, LB377 (DeBoer) Change inheritance tax Government, Military & Veterans Affairs decriminalize possessory marijuana provisions Room 1507 - 9:30 a.m. and synthetic cannabinoid offenses LB40 (Groene) Adopt the Nebraska LB652 (Wayne) Adopt the Historically and drug paraphernalia offenses, and Rural Projects Act Underutilized Business Program Act change related provisions LB546 (Wayne) Adopt the Marijuana Revenue Government, Military & Veterans Affairs Control Act and the Marijuana Room 1524 - 1:30 p.m. Room 1507 - 1:30 p.m. Conviction Clean Slate Act LB502 (Flood) Change sales tax LB179 (Linehan) Transition from elected LR2CA (Wayne) Constitutional incentives under the Nebraska to appointed county assessors amendment to legalize cannabis for Advantage Act persons twenty-one and older and to LB544 (Wayne) Adopt the Urban Health & Human Services require legislation Redevelopment Act and provide tax Room 1510 - 9:30 a.m. incentives LB637 (Vargas) Change provisions Revenue LB547 (Wayne) Adopt the Nebraska relating to the control of contagious or Room 1524 - 9:30 a.m. Small Business Act and provide tax infectious disease LB39 (Lindstrom) Change the Sports incentives LB494 (M. Cavanaugh) Direct the De- Arena Facility Financing Assistance Act partment of Health and Human Services LB181 (Linehan) Change the Convention Friday, Feb. 19 to apply for grants to establish and Center Facility Financing Assistance Act Appropriations maintain a health care insurance claims LB479 (McKinney) Change the Room 1525 - 9:30 a.m. and payment information data base membership of a committee under the LB103 (Dorn) Appropriate funds to LB328 (Arch) Change licensure Convention Center Facility Financing aid counties to pay certain federal application provisions under the Health Assistance Act judgments Care Facility Licensure Act LB140 (Stinner) Provide funding Revenue for enforcement of railroad safety Health & Human Services Room 1524 - 1:30 p.m. standards Room 1510 - 1:30 p.m. LB175 (Friesen) Change the distribution LB488 (Stinner) Change provisions LB516 (McKinney) Change provisions of sales tax revenue and authorize the relating to appropriations relating to self-sufficiency contracts use of funds for certain infrastructure Agency 7: Governor and work activity requirements under projects Agency 8: Lieutenant Governor the Welfare Reform Act LB178 (Lindstrom) Adopt the Infra- Agency 9: Secretary of State LB626 (Vargas) Change provisions of the structure Improvement and Replace- Agency 10: Auditor of Public Accounts Child and Maternal Death Review Act ment Assistance Act and provide for a Agency 12: State Treasurer LB183 (Hunt) Adopt the Sexual Assault turnback of state sales tax revenue Agency 14: Public Service Commission Emergency Care Act and provide for LB233 (Friesen) Provide sales and use Agency 3: Legislative Council discipline against a hospital’s license tax collection duties for certain peer-to-

PAGE 28 • UNICAMERAL UPDATE • 107TH LEGISLATURE February 8 - 11, 2021 Committee Hearings Current hearing schedules are available at: NebraskaLegislature.gov/calendar Further committee information is available at: NebraskaLegislature.gov/committees/standing-committees.php peer rentals of vehicles Otter-Be Safe Around Water Plates LB187 (M. Cavanaugh) Change LB350 (Linehan) Change provisions and provide powers and duties for the definition of sexual penetration for relating to distribution of sales tax Game and Parks Commission purposes of sexual offenses revenue to the Game and Parks LB215 (Hughes) Change 911 service LB229 (Hunt) Provide for enhanced Commission Capital Maintenance Fund surcharge provisions penalties and a civil action for crimes committed because of a victim’s Tuesday, Feb. 23 Urban Affairs gender identity or association with a Banking, Commerce & Insurance Room 1510 - 9:30 a.m. person of a certain gender identity Room 1507 - 9:30 a.m. LB647 (Flood) Change powers of cities LB319 (J. Cavanaugh) Change LB648 (Flood) Adopt the Transactions of the first class penalties for theft offenses in Digital Assets Act LB446 (M. Hansen) Adopt the LB360 (Pansing Brooks) Define and LB649 (Flood) Adopt the Nebraska Nebraska Housing Index and Financing redefine terms relating to sexual assault Financial Innovation Act Investment System Act offenses LB654 (Wayne) Adopt the Public LB131 (Hunt) Change provisions Entities Investment Trust Act relating to the enactment of ordinances Revenue Room 1524 - 9:30 a.m. Education Urban Affairs LB115 (McCollister) Impose sales tax Room 1525 - 9:30 a.m. Room 1510 - 1:30 PM on candy and soft drinks and provide LB5 (Blood) Adopt the Purple Star LB555 (M. Hansen) Change reporting for distribution of proceeds Schools Act requirements under the Municipal LB457 (McCollister) Change provisions LB669 (Vargas) Adopt the Veteran Density and Missing Middle Housing Act relating to deductions for certain sales Promise Act LB556 (M. Hansen) Change provisions and use tax refunds LB281 (Albrecht) Require child relating to redevelopment contracts sexual abuse prevention instructional under the Community Development Law Revenue programs for school students and staff LB653 (Wayne) Require goals for using Room 1524 - 1:30 p.m. historically underutilized businesses LB26 (Wayne) Provide a sales tax Education under the Community Development Law exemption for residential water service Room 1525 - 1:30 p.m. LB595 (Albrecht) Provide a sales tax LB550 (Wayne) Change enrollment Wednesday, Feb. 24 exemption for certain products used option limits and provisions for part- Judiciary in the process of manufacturing ethyl time enrollment in schools Room 1113 - 9:30 a.m. alcohol LB651 (Wayne) Provide a termination LB186 (Hilkemann) Change provisions LB672 (Murman) Change the sales date for the enrollment option program relating to the offense of criminal child and use tax exemption on agricultural LB396 (Brandt) Adopt the Nebraska enticement machinery and equipment Farm-to-School Program Act LB206 (McDonnell) Change provisions and penalties relating to arson, Thursday, Feb. 25 Transportation & Telecommunications trespass, and graffiti Judiciary Room 1113 - 9:30 a.m. LB315 (J. Cavanaugh) Change Room 1113 - 9:30 a.m. LB522 (Friesen) Change a motor penalties for assault by strangulation or LB543 (Brandt) Adopt the Agricultural vehicle identification inspection training suffocation and domestic assault Equipment Right-To-Repair Act provision under the Motor Vehicle LB661 (McDonnell) Prohibit assault LB603 (Aguilar) Adopt the Organized Certificate of Title Act on a public transportation driver and Consumer Product Theft Protection Act LB633 (Vargas) Change provisions of the clarify provisions relating to assault on LB621 (Friesen) Adopt the Social Media Motor Vehicle Industry Regulation Act officers, emergency responders, certain Fairness Act LB504 (J. Cavanaugh) Change certain employees, and health care professionals penalty provisions for the suspension, Judiciary revocation, or impoundment of a motor Judiciary Room 1113 - 1:30 p.m. vehicle operator’s license Room 1113 - 1:30 p.m. LB102 (Dorn) Provide for transfer of LB104 (Friesen) Allow aggregation of duties of clerks of the district court to Transportation & Telecommunications pecuniary losses for criminal mischief clerk magistrates Room 1113 - 1:30 p.m. offenses LB316 (J. Cavanaugh) Change LB317 (J. Cavanaugh) Provide for LB111 (Albrecht) Change provisions provisions relating to limitations for a Nebraska History license plates relating to various offenses involving postconviction relief action LB166 (Geist) Provide for Josh the public safety LB355 (Lathrop) Change provisions

107TH LEGISLATURE • UNICAMERAL UPDATE • PAGE 29 February 8 - 11, 2021 Committee Hearings Current hearing schedules are available at: NebraskaLegislature.gov/calendar Further committee information is available at: NebraskaLegislature.gov/committees/standing-committees.php relating to county judges, clerk LB230 (Hunt) Prohibit discrimination in Education magistrates, and civil procedure public accommodations and under the Room 1525 - 1:30 p.m. LB386 (Lathrop) Change judges’ salaries Nebraska Fair Housing Act on the basis LB630 (Bostar) Provide for a study of LB548 (Wayne) Adopt the Nebraska of sexual orientation or gender identity the efficacy of commercial air filters in Racial Justice Act and provide grounds LB231 (Hunt) Prohibit conversion therapy classrooms for postconviction relief LB321 (J. Cavanaugh) Prohibit LB565 (McDonnell) Provide for a youth defendant’s discovery of victim’s initiated mentoring pilot program Revenue actual or perceived gender or sexual LB200 (Vargas) Provide a high school Room 1524 - 9:30 a.m. orientation as a defense to a crime graduation requirement relating to LB64 (Lindstrom) Change provisions federal student aid relating to the taxation of social security Revenue LB639 (Day) Adopt the Seizure Safe benefits Room 1524 - 9:30 a.m. Schools Act LB237 (Brewer) Change provisions LB18 (Kolterman) Change provisions relating to the taxation of benefits relating to equivalent employees and Transportation & Telecommunications received under the federal Social qualified locations under the ImagiNE Room 1113 - 9:30 a.m. Security Act Nebraska Act LB486 (Day) Require train crews of at LB410 (Linehan) Change provisions LB84 (Bostelman) Redefine terms least two individuals relating to itemized deductions relating to tax incentive performance LB539 (Walz) Provide for a limit on the audits and the ImagiNE Nebraska Act length of trains Revenue Room 1524 - 1:30 p.m. Revenue Transportation & Telecommunications LB299 (McDonnell) Adopt the Room 1524 - 1:30 p.m. Room 1113 - 1:30 p.m. Firefighter Cancer Benefits Act and LB134 (Brandt) Require the posting and LB575 (Bostar) Adopt the Midwest provide an income tax exemption for reporting of tax incentive information Interstate Passenger Rail Compact such benefits under the Taxpayer Transparency Act LB12 (Blood) Require a commuter rail LB347 (Lindstrom) Change provisions LB523 (Albrecht) Change provisions service study by the Department of relating to an income tax deduction relating to certain school taxes and Transportation for dividends received from certain special funds corporations Tuesday, March 2 LB625 (Vargas) Impose a surtax on Monday, March 1 Banking, Commerce & Insurance certain taxable income and use the tax Banking, Commerce & Insurance Room 1507 - 1:30 p.m. proceeds for early childhood education Room 1507 - 1:30 p.m. LB270 (Morfeld) Adopt the Pharmacy LB680 (Linehan) Change the corporate LB20 (Blood) Provide for insurance Benefit Manager Regulation Act and income tax rate coverage of and medicaid access to require an audit under the Medical prescribed contraceptives Assistance Act Friday, Feb. 26 LB30 (Wayne) Limit the amount an LB375 (Kolterman) Adopt the Pharmacy Judiciary insured pays for prescription insulin Benefit Manager Regulation and Room 1113 - 9:30 a.m. drugs Transparency Act LB167 (Geist) Protect religious freedoms as prescribed and provide for certain Education Education tort claims Room 1525 - 9:30 a.m. Room 1525 - 1:30 p.m. LB282 (Albrecht) Change provisions LR21CA (Briese) Constitutional LB62 (Kolterman) Create the Access relating to obscenity amendment to require the State of College Early Scholarship Cash Fund LB517 (Hunt) Provide for a gender Nebraska to pay all classroom expenses and change provisions relating to the neutral designation on operator’s related to the operation of public Nebraska Education Improvement licenses and state identification cards elementary and secondary schools Fund, Nebraska Opportunity Grant and provide for amendment of a birth LB378 (DeBoer) Require the Fund, and Community College Gap certificate Commissioner of Education to report Assistance Program Fund data as prescribed LB36 (Erdman) Require display of the Judiciary LB640 (Day) Change provisions related national motto in schools Room 1113 - 1:30 p.m. to early childhood education in the Tax LB87 (Morfeld) Provide for mental LB120 (Hunt) Prohibit discrimination Equity and Educational Opportunities health first aid training for school based upon sexual orientation and Support Act districts and change provisions relating gender identity to the use of lottery funds

PAGE 30 • UNICAMERAL UPDATE • 107TH LEGISLATURE February 8 - 11, 2021 Committee Hearings Current hearing schedules are available at: NebraskaLegislature.gov/calendar Further committee information is available at: NebraskaLegislature.gov/committees/standing-committees.php

Urban Affairs Judiciary liens arising from city or village special Room 1510 - 1:30 p.m. Room 1113 - 1:30 p.m. assessments LB423 (Lathrop) Require registration of LB116 (McCollister) Change provisions LB95 (DeBoer) Change provisions home inspectors relating to handgun transfer certificates relating to garnishment LB549 (Wayne) Adopt the Aid to and require suicide prevention training LB331 (Wayne) Prohibit contractual Municipalities Act and informational materials criminal enforcement of certain LB219 (Wayne) Change legislative LB173 (B. Hansen) Change provisions offenses related to animals declarations and findings relating to relating to carrying a concealed weapon LB540 (Walz) Change terminology related traffic congestion in municipal areas LB300 (Slama) Change provisions to disability in civil rights provisions relating to justification for the use of force Wednesday, March 3 LB404 (Lowe) Change permit and Judiciary Judiciary renewal time periods under the Room 1113 - 1:30 p.m. Room 1113 - 9:30 a.m. Concealed Handgun Permit Act LB157 (Wayne) Change provisions LB13 (Blood) Prohibit possession of LB417 (Halloran) Authorize possession relating to grand juries in cases of a deadly weapon by the subject of a of a firearm on school grounds by a full- death during apprehension or custody foreign protection order time, off-duty law enforcement officer LB204 (Slama) Change provisions of LB85 (Bostelman) Require Nebraska the Sex Offender Registration Act State Patrol to provide notice of Thursday, March 4 LB496 (Hilkemann) Require collection expiration of concealed handgun permits Judiciary of DNA samples for persons arrested LB244 (Clements) Change permit Room 1113 - 9:30 a.m. for crimes of violence renewal provisions of the Concealed LB49 (M. Hansen) Change penalty for LB636 (J. Cavanaugh) Eliminate cash Handgun Permit Act use of tobacco or nicotine products by a bail bonds, appearance bonds, and person under twenty-one years of age related provisions LB458 (McCollister) Change provisions LB58 (Pahls) Change requirements for n service by publication for delinquent of the Sex Offender Registration Act

s part of the Legislature’s procedural modifications in response to the A COVID-19 pandemic, four options have been approved for public input this year. 1. As always, individuals may testify in person at committee hearings. Hearing room capacity will be limited due to social distancing. 2. The public may submit written testimony in person on the day of a public hearing — between 8:30 a.m. and 9:30 a.m. in the room in which the hearing will take place. These submissions will be included in the official committee hearing record. 3. Individuals wishing to provide public comment without appearing in person may submit a position letter by emailing the commit- tee’s account by 12:00 p.m. CST on the last work day prior to the public hearing. A list of committee email accounts is available on the Legislature’s website at NebraskaLegislature.gov/committees/ committee-emails.php. 4. Online comments may be submitted through a new feature on the Legislature’s website, which is available on each individual bill page. Online written comments will not be included as part of the official legislative record. For details, visit NebraskaLegislature.gov/committees/public-input.php n

107TH LEGISLATURE • UNICAMERAL UPDATE • PAGE 31 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