UNICAMERAL UPDATE Stories published daily at Update.Legislature.ne.gov Vol. 39, Issue 7 / Feb. 16 - 19, 2016 Funding for Attempt to lower age river weed for public office stalls control proposed he Natural Resources Com- mittee heard testimony on a Tbill Feb. 18 that would provide funding to clear the state’s rivers of invasive plant species. Under LB711, introduced by Sen. Dan Hughes of Ve- nango, the state De- partment of Agricul- ture would receive $2 million annually to control invasive plants, noxious Sens. Tyson Larson (right) and Adam Morfeld discuss strategy during debate on LR26CA. weeds and other veg- Sen. Dan Hughes fter two days of discussion, remove state Supreme Court judges etation in and near the banks of any select file debate stalled Feb. from the bill’s provisions. natural stream. The department would 18 on a measure that would Morfeld said the amendment apply for additional federal funds and A allow an 18-year-old to hold public reflected concerns raised during gen- provide grants to weed management office in Nebraska. eral file debate that a ballot measure entities, local weed control groups and As introduced by O’Neill Sen. based on the resolution would contain natural resources districts. Tyson Larson last session, LR26CA multiple subjects—which the Nebraska The department would administer would place a proposed constitutional Supreme Court has ruled unaccept- the Riparian Vegetation Management amendment on the November 2016 able in the past. Task Force, whose members would general election ballot that would “This should alleviate any constitu- be appointed by the governor from change age eligibility for public office tional concerns based on the research the natural resources districts, the in Nebraska to the federal voting age. that I had on the case law,” he said. Department of Natural Resources, the Currently, an individual must be Larson supported the amendment, Nebraska Weed Control Association 21 to serve in the Legislature and saying it should address concerns and other agencies in addition to land- 30 to serve as governor, lieutenant about the proposal and allow voters owners. The task force would develop governor or as a Nebraska Supreme to decide the measure’s merits. a vegetation management plan, analyze Court judge. “It’s wrong to disenfranchise any the cost effectiveness of available treat- Lincoln Sen. Adam Morfeld of- individual based on age, sex or race, so ments and provide an annual report to fered an amendment Feb. 17 that let’s make sure that we don’t do that,” the Legislature on its progress. would limit the bill’s provisions to he said. “Let’s make sure that everyone Hughes said the bill would reinstate legislative and executive branch of- has a voice and that everyone has the the task force, which was created in fices. He said the amendment would opportunity to serve.” (continued page 2) (continued page 3)

INSIDE: Priority bill list • Reporting of fracking well water contents requested • Hearing schedule February 16 - 19, 2016 Funding for river weed control proposed U.S. Congress (continued from front page) contact information 2007 and ran out of funding in 2014. He said the program should be restarted because of its success. “Invasive species don’t ever take a year off because they Senator Deb Fischer don’t have money,” he said. United States Senate 383 Russell Senate Office Building Brent Meyer, weed control superintendent for Lancaster Washington, D.C. 20510 County, spoke in favor of the bill. He said the original Tel. (202) 224-6551 project succeeded in clearing thousands of acres of weeds from the state’s river systems, allowing them to flow more freely. This reduced the severity of floods, protected wildlife Senator Ben Sasse United States Senate habitats and preserved more water for agricultural and B40E Dirksen Senate Office Building recreational use, Meyer said. Now that funding for the Washington D.C. 20510 project has run out, he added, those invasive plants are Tel. (202) 224-4224 regaining their foothold.

“The battle is not over,” he said. “In fact we are just Congressman Jeff Fortenberry beginning to realize the impact invasive vegetation can (District 1) have on our river systems.” 1514 Longworth House Office Building Mike Clements, general manager of the Lower Republi- Washington, D.C. 20515 can Natural Resources District, also testified in support of Tel. (202) 225-4806 the bill. He said the Republican River’s flow was measured at only 300 cubic feet per second in 2007 because its basin Congressman Brad Ashford was engulfed in phragmites, an invasive reed with a dense (District 2) root system that absorbs large quantities of water. After 107 Cannon House Office Building Washington, D.C. 20515 four years of spraying and tearing out root systems under Tel. (202) 225-4155 the previous task force, Clements said, the river can now handle a flow of 1,100 cubic feet per second. “This is something that will have to continue forever,” Congressman Adrian Smith he said. “If that would go untreated for a couple of years (District 3) 2241 Rayburn House Office Building we’d be right back to where we were.” Washington, D.C. 20515 No one spoke in opposition to the bill and the com- Tel. (202) 225-6435 mittee took no immediate action on it. g UNICAMERAL UPDATE The Unicameral Update is a free, weekly newsletter published during the legislative session. It is produced by the Clerk of the Legislature’s Office through the Unicameral Information Office. For print subscriptions, call 402-471-2788 or email [email protected]. Visit us online at Update.Legislature.ne.gov and follow us on Twitter.com/UnicamUpdate.

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PAGE 2 • UNICAMERAL UPDATE • 104TH LEGISLATURE February 16 - 19, 2016 Lower age for public office stalls (continued from front page) Omaha Sen. Ernie Chambers of- there is not a pressing need to alter the The bracket motion failed Feb. 17 fered a motion Feb. 17 to bracket the state constitution. The state does not on a vote of 14-17. bill until April 20, 2016. He said his lack qualified candidates for office, he When debate resumed Feb. 18, objections to the proposal were based said, and an individual who would be Chambers filed a series of motions in on policy issues as much as on ques- a good candidate for the Legislature at an effort to extend debate and compel tions of the constitutionality of the 18 would be an even better candidate a cloture motion—an attempt to cease ballot language. Lawmakers should be at 21. debate and force a vote on a bill. protectors of the constitution, he said. Williams said lawmakers should be After four hours of debate, Larson “Our responsibility is to winnow— spending their time on issues of vital offered a cloture motion that was to sort out—and to not just dump importance to the future of the state defeated on a 26-18 vote. Thirty-three things on the public,” Chambers rather than solving a problem that votes were required for adoption. said. “People this age are generally doesn’t exist. A failed cloture motion results in immature when it comes to assuming “I think we need to be careful that debate on a bill ceasing for the day. the responsibilities of public office.” we are not exhibiting bad judgment LR26CA is unlikely to be scheduled Gothenburg Sen. Matt Williams in the Legislature,” he said. “People for further debate this session. g supported the bracket motion, saying expect a great deal of us.”

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104TH LEGISLATURE • UNICAMERAL UPDATE • PAGE 3 February 16 - 19, 2016

Smith said the department’s current Dirk Petersen, vice president and level of funding cannot support signifi- general manager of Nucor Steel in cant new construction. Approximately Norfolk, also spoke in support of the $600 million in expressway projects bill. Speaking on behalf of 4 Lanes 4 Transportation infrastructure remain unfunded, he said, and it would Nebraska and the Nebraska Chamber bank proposed cost another $800 million to bring the of Commerce, he said completing the state’s county bridges up to standard. state’s expressways would create jobs, The state would allocate up to $300 He said the infrastructure bank would add billions of dollars to the state’s million in cash reserves and gasoline supplement a 2011 appropriation to gross domestic product and improve tax revenue over seven years to fund fund surface transportation and a law public safety. a transportation infrastructure bank passed last year that raised the state’s Petersen said that without the under a bill heard by the Appropria- gasoline tax by 6 cents per gallon. promise of a four-lane highway con- tions Committee Feb. 16. “It’s a necessary step if we want to necting Norfolk to the interstate sys- LB960, introduced by Sen. Jim pull our state out of the rut our criti- tem, the city could not recently have Smith of Papillion cal transportation infrastructure has attracted a pipe manufacturer that at the request of fallen into due to many, many years of will build a $130 million facility there, Gov. Pete Ricketts, neglect and inaction,” he said. creating 200 jobs and generating $20 would create an in- Kyle Schneweis, director of the million in property tax revenue. frastructure bank state Department of Roads, spoke in “It’s hard to know just how many composed of three support of the bill. He said the bulk opportunities and how many jobs programs overseen of the funds would be used to finish Nebraska has lost because we haven’t by the state Depart- Sen. Jim Smith long-awaited projects like the state’s put the right infrastructure in place,” ment of Roads. The first would ac- expressway system, as well as inter- he said. celerate capital improvement projects, changes and railroad overpasses. Us- Pam Dingman, Lancaster County including the state’s expressway system ing design-build contracts could save engineer, testified in a neutral capacity. and other high-priority roads projects. two to four years on large, complex She said the county’s infrastructure Another program would provide funds projects like those, Schneweis said. needs are stark—more than 90 of the to repair and replace deficient county “All the money in the world will county’s bridges are more than 50 years bridges and the third would finance not help us deliver projects tomor- old. Projects meant to fund bridge improvements to the state’s transporta- row,” he said. “Projects take time to repair already exist and the proposed tion infrastructure that would support develop, and in the past in Nebraska design-build contracts can be more new and expanding businesses. they’ve taken too long to develop.” expensive than traditional contracting The bill also would authorize the Rick Kuckkahn, Scottsbluff city methods on smaller projects, she said. department to hire a construction man- manager, testified in support of the No one testified in opposition to ager who would advise the department bill. Speaking on behalf of the city the bill and the committee took no on project scheduling and to enter into and the League of Nebraska Munici- immediate action on it. contracts in which a single contractor palities, he said completing Nebraska’s designs and builds a project. expressway system would benefit agri- The infrastructure bank would be culture and tourism, two of the state’s funded with $150 million from the most important industries. He said a state’s cash reserve and up to $150 mil- more modern transportation network lion of state motor fuel tax for seven also would help cities in western Ne- Civics exam would be years, beginning on July 1, 2016. The braska better compete with Colorado, required for graduation state would transfer $16 million to the Wyoming and South Dakota when trying to attract new businesses. department in fiscal year 2016-2017 Mastery of civic education would “We have lots of opportunity for and $28 million in FY2017-2018. Any be required for high school graduates more growth and development fa- funds remaining in the bank on June under a bill heard by the Education cilitated by faster completion of our 30, 2033, would be transferred to the Committee Feb. 16. expressway system,” Kuckkahn said. road operations fund. LB868, introduced by Omaha Sen.

PAGE 4 • UNICAMERAL UPDATE • 104TH LEGISLATURE February 16 - 19, 2016

Bob Krist, would test is the first step that shows [that the ency website,” McCollister said. require all high Legislature] believes civic education is The bill defines a state entity as any school students to a priority.” agency, board, commission or depart- pass a 100-question Karen Graff, a retired educator rep- ment of the state and any other body civics examination resenting the Nebraska State Council created by state statute that includes based on the U.S. for Social Studies, opposed LB868. She a person appointed by the governor, Bureau of Citizen- said the test would be simple to admin- the head of any state agency or de- ship and Immigra- Sen. Bob Krist ister and score, but would not neces- partment, an employee of the state of tion Services’ naturalization test. sarily create a more engaged citizenry. Nebraska or any combination of such Krist said only 4 percent of high “We acknowledge that requiring stu- persons that is empowered to collect school students in Arizona and Okla- dents to take the test may help illustrate and disburse state receipts. homa could successfully pass the content and the process immigrants take Nebraska State Treasurer Don Sten- examination. to become citizens,” she said. “However, berg testified in support of the bill, say- “When voters reach out to [the if we truly want to engage students in ing it would build upon improvements Legislature] and share opinions they’re active citizenship, teachers in the class- that his office has made to the trans- displaying engagement on issues that rooms need to encourage students to parency website. He said a national impact their families, businesses and engage in critical thinking skills.” organization rated the state’s website a communities,” he said. “If students The examination requirement “D” when he took office, but recently don’t understand how the government would apply to students beginning upgraded that ranking to a “B+.” works at the most basic level, how can with the 2017-2018 graduating class. The website would be improved we expect them to [understand] the The committee took no immediate further by including the receipts, importance of voting and engaging in action on the bill. expenditures and contracts of quasi- the political process?” public state agencies, Stenberg said, Each school district would deter- which often are also responsible for mine how the test would be adminis- taxpayer dollars. tered. Students could take the test at “I think that they should be held to any time after enrolling in ninth grade the same standards of disclosure that and would be able to repeat it as many we currently have for our state agencies times as necessary to pass. Bill would broaden state entity and offices,” Stenberg said. Lucian Spataro, representing the financial disclosure Jessica Herrmann, representing Joe Foss Institute, supported the bill. the Platte Institute for Economic The institute promotes civic education A bill that would broaden the Research, also testified in support, and designed a version of the test that scope of a financial transparency law saying the state has approximately 30 could be administered under LB868. aimed at state government was heard quasi-public entities that would be “Unfortunately few American stu- Feb. 17 by the Government, Military impacted by the bill. dents understand the basic facts about and Veterans Affairs Committee. Transparent use of public funds is our government, its formation and LB851, spon- essential for citizens to make informed how it works,” Spataro said. “[LB868] sored by Omaha decisions and hold elected officials would help put civics back on the Sen. John McCol- accountable, she said. front burner, where it belongs, so our lister, would mod- “Nebraskans need solid informa- students can graduate and become ify the Taxpayer tion on what they get for their tax civically engaged adults.” Transparency Act dollars,” Herrmann said. Audrey Worthing, a high school to include quasi- Timothy Kenny, executive director freshman from Elm Creek, also testi- public entities Sen. John McCollister of the Nebraska Investment Finance fied in support of the bill. such as boards and commissions cre- Authority, testified in a neutral position. “Many adults think my generation ated by the Legislature. Saying the quasi-public agency is “whole- is apathetic, self-centered and discon- “The proposal would broaden the heartedly in favor of meaningful dis- nected, but we’re not,” she said. “Re- type of entities required to submit closure,” Kenny said security concerns quiring students to pass a citizenship financial data for the state’s transpar- regarding disclosed information remain.

104TH LEGISLATURE • UNICAMERAL UPDATE • PAGE 5 February 16 - 19, 2016

He said the agency had 15 intru- Bill seeks to enhance sions into its data system in the last correctional industries program 90 days seeking access to information. “Unfortunately, this is the world A corrections program that pro- we live in and these are the threats vides employment for inmates would that we see,” Kenny said, adding that be enhanced under a bill heard Feb. Prescription drug monitoring the agency could be required to spend 18 by the Government, Military and changes approved up to $150,000 to develop a system Veterans Affairs Committee. capable of integrating securely with LB1080, introduced by Hast- Lawmakers gave final approval the state transparency website. ings Sen. Les Seiler, Feb. 18 to a bill intended to enhance Under the bill, entities would be would increase the Nebraska’s Prescription Drug Moni- required to submit all expenditures of purchasing limit for toring Program. state receipts—whether appropriated Cornhusker State LB471, intro- or nonappropriated—including grants, Industries (CSI) duced last session contracts, subcontracts, aid to political from $25,000 to by Omaha Sen. subdivisions, tax refunds or credits $50,000. CSI, the Sara Howard, will Sen. Les Seiler that may be disclosed under existing state Department strengthen the laws and any other disbursements of of Correctional Services industries program by: state receipts in the performance of program, provides employment for • prohibiting Sen. Sara Howard the entity’s functions. inmates. patients from opting out of the Transfer of funds between two state The bill also would allow recycling system; entities, payments of state or federal of materials used by CSI in the pro- • requiring prescription dispens- assistance to an individual or expen- duction of goods and services, and ers to report to the system; diture of pass-through funds would would allow CSI to retain the recycling • allowing prescribers and dis- not be subject to the bill’s provisions. proceeds. pensers to access the system at Data collected would be available on Seiler said CSI receives no gen- no cost; the state spending website beginning eral fund support and provides job • requiring all controlled sub- in fiscal year 2016-17. training and other valuable skills stance prescriptions to be en- The committee took no immediate to approximately 500 inmates on a tered into the system; and action on the bill. daily basis. Those skills are essential, • capturing information relating to he said, in ensuring that inmates are all payers, including Medicaid. Electronic voting expanded able to successfully adjust to life upon The provisions will apply to veteri- release. narians beginning Jan. 1, 2018. Lawmakers passed a bill Feb. 18 “It’s a key component of the depart- In addition, the bill establishes a that allows publicly elected bodies to ment’s reentry program,” Seiler said. 10-member Veterinary Prescription conduct electronic roll call votes. Jeremy Elder, assistant deputy Monitoring Program Task Force. Currently, only specific political director in charge of CSI, testified The task force will study and develop subdivisions can use an electronic in support of the bill. CSI is self- recommendations regarding which roll call vote for supporting, he said, and the current controlled substances veterinarians any action taken cap on purchases of components and will report under the system, as well on any question parts directly from vendors has not as appropriate reporting procedures. or motion before been increased since the 1980s. Membership will include three the body. LB876, “[The current cap] limits our abil- senators, six licensed veterinarians introduced by ity to provide responsive customer and a representative of the program. Gretna Sen. John service and obtain the best pricing,” The task force will report its findings Sen. John Murante Murante, expands Elder said. and recommendations to the Health the electronic voting option to all No opponent testimony was of- and Human Services Committee by public bodies. fered and the committee advanced the Dec. 1, 2016. The bill passed on a 46-0 vote. bill to general file on a 7-0 vote. LB471 passed on a 46-0 vote.

PAGE 6 • UNICAMERAL UPDATE • 104TH LEGISLATURE February 16 - 19, 2016

Increased access to family Testimony focused on the portion small role,” Schleppenbach said. planning, preventive health of LB782 that would expand family The committee took no immediate services proposed planning services. action on the bill. Molly McCleery of Nebraska Ap- A bill that would expand eligibility pleseed testified in support of the bill, Hair braiding license for the state’s publicly funded family saying it aligns well with other state exemption advanced planning services and increase access priorities such as promoting quality to preventive health care was heard early childhood education and reduc- Natural hair braiding would be Feb. 18 by the Health and Human ing intergenerational poverty. exempt from cosmetology credential- Services Committee. Currently, approximately half of all ing requirements under a bill given LB782, introduced by Columbus Sen. pregnancies in Nebraska are paid for first-round approval Feb. 16. Paul Schumacher, by Medicaid, she said, and reducing Omaha Sen. Ni- would require the that number would save the state a cole Fox, sponsor state Department considerable amount of money. The of LB898, said the of Health and federal government reimburses states bill would remove Human Services for the cost of the family planning a regulatory barrier (DHHS) to sub- program at a 90 percent rate, she said, for potential opera- mit a state plan which is considerably higher than the tors of natural hair Sen. Nicole Fox amendment to Sen. Paul Schumacher Medicaid reimbursement rate. braiding businesses. the federal Centers for Medicare and “It’s generally estimated that for “This is a bill that removes one of the Medicaid Services no later than Sept. 1, every $1 of publicly-funded family hurdles facing entrepreneurs in some of 2016, to provide medical assistance for planning services there’s a savings of the poorest areas of our state,” Fox said. family planning services to individuals $4,” McCleery said. LB898 defines natural hair braid- with a family earned income at or below Teresa Kenney, a women’s health ing as a service of twisting, wrapping, 185 percent of the federal poverty level. practitioner in Omaha, testified in weaving, extending, locking or braid- Under the bill, family planning ser- opposition to the bill. Greater access ing hair by hand or with mechanical vices would include training in parent- to contraceptives is not in the best devices without the application of hood and education in the financial, interest of women or families, she said, dyes, reactive chemicals, chemical career and generational implications in part because of the increased risk joining agents or other preparations to of pregnancy and child rearing. of disease associated with hormonal alter the color or structure of the hair. Schumacher said low-income indi- birth control methods. Currently in Nebraska, operators viduals often do not understand the “The starting point should always who braid natural hair must graduate long-term consequences of unplanned be that abstinence is the only 100 from a school of cosmetology and pregnancies and that education is the percent safe [option],” Kenney said. complete 2,100 hours of training. key to breaking the cycle of poverty. Greg Schleppenbach, executive Fox said that 15 states do not “[We need] to provide good contra- director of the Nebraska Catholic require licensure for hair braiding, ceptive counseling, to provide career Conference, also testified in opposi- including Colorado and Kansas. In counseling, to provide financial coun- tion to the bill, saying it would not addition, she said, there have been no seling so there is less of a possibility of produce the intended result. public health issues related to braiding another unplanned pregnancy,” he said. He said studies show that only two of in those states. The bill also would appropriate the six states that have utilized the family A Health and Human Services $500,000 in general funds in fiscal planning state plan amendment saw a Committee amendment, adopted 35-0, year 2016-17 and FY2017-18 to DHHS. reduction in unintended pregnancies. would add crochet hooks to the list of The funds would be directed to the In addition, he said, research shows that allowable hair braiding tools, clarify that Every Woman Matters program for women choose not to use contraception needles used must be blunt tipped and services including mammograms, because of its failure rate and side effects, clarify that topical agents may be used breast examinations, Pap smears, col- not because they cannot afford it. only in conjunction with hair braiding. poscopy, associated laboratory costs “[That] assumption is undermined Lawmakers voted 31-0 to advance and education and outreach. by studies that show that cost plays a the bill to select file.

104TH LEGISLATURE • UNICAMERAL UPDATE • PAGE 7 February 16 - 19, 2016

Bill would extend, update “These provisions would allow the designate a person to retrieve property children’s commission commission to continue to support upon the tenant’s death. Harr said the the many dedicated people working bill would allow families to gain access State law authorizing the Nebraska in child welfare,” Baxter said. to the property without having to go Children’s Commission would be No one testified in opposition to through probate court. extended and updated under a bill LB1034 and the committee took no A landlord would have 10 days heard Feb. 19 by the Health and Hu- immediate action on it. following the death of a tenant to man Services Committee. make a reasonable attempt to contact LB1034, introduced by Lincoln the designated person. The designee Sen. Kathy Camp- would have 20 days to respond to the bell, would extend landlord, then 20 days to retrieve the the commission property. through June 30, If a tenant’s personal property were 2019. The commis- Flying lanterns banned not removed within the appropriate sion currently is time period, the landlord could dis- Senators passed a bill Feb. 18 that scheduled to termi- pose of the property and would not prohibits the sale of flying lanterns. nate June 30, 2106. Sen. Kathy Campbell be held liable for any lost, damaged LB136, introduced by Wahoo Sen. Campbell said the commission was or stolen property. Likewise, if the Jerry Johnson, makes it illegal to sell, created in 2012 after serious problems tenant’s authorized person did not possess or use a with the child welfare system led the respond within 20 days, the landlord flying lantern. Legislature to restructure the goals of could dispose of the property. The bill defines the system and require more oversight Harr introduced an amendment, flying lantern as and accountability. adopted 30-0, any device that re- The bill also would update the du- which incorpo- quires a flame that ties of the commission to include youth rated provisions produces heated in the state’s juvenile justice system. of LB385, origi- air trapped in a Sen. Jerry Johnson Juvenile justice youth were transferred nally introduced balloon-type covering, allowing the to the state’s judicial branch in 2013, by Omaha Sen. device to float in the air. The bill’s Campbell said, and a change in the law Brett Lindstrom. provisions do not apply to hot-air bal- is needed to clarify that the commission These provi- Sen. Brett Lindstrom loons used for transportation. provide oversight for those youth. sions would permit a landlord or his Violations of the law will be consid- “It was felt strongly that in the bill or her representative to begin eviction ered a Class V misdemeanor, punish- to reauthorize the children’s commis- litigation three days after notifica- able by a $100 fine. sion we should specifically state that tion of the termination of a rental The bill passed with an emergency the commission deal with the juvenile agreement. Currently, the Uniform clause on a 44-0 vote. justice system,” she said. Residential Landlord and Tenant Act The bill would require that no mem- requires landlords to wait 30 days to ber of the commission have any private Bill to dispose of tenant evict a tenant after notification. financial interest, profit or benefit from property amended, advanced It would apply only in cases where any of the commission’s work. It also tenants, roommates or their guests Lawmakers advanced a bill from would require the commission to de- threaten the health, safety or peaceful select file Feb. 19 that would clarify the velop a system of care plan and analyze enjoyment of the landlord or other authority of land- case management workforce issues. tenants. Activities that could prompt a lords to dispose of Beth Baxter, chairperson of the landlord to begin the eviction process tenants’ property. Nebraska Children’s Commission, tes- include actual or threatened physical LB221, as intro- tified in support of the bill. The com- assault, illegal use of a firearm or pos- duced by Omaha mission has identified establishment session of a controlled substance. Sen. Burke Harr, of a consistent and stable workforce as Tenants who report threatening would allow a ten- a top priority, she said. behavior to law enforcement or have ant to voluntarily Sen. Burke Harr

PAGE 8 • UNICAMERAL UPDATE • 104TH LEGISLATURE February 16 - 19, 2016 sought a protection or restraining and have no otherwise reasonable ing, refusing to enter into or renew order would not be subject to eviction. method to remove the animal he or a contract or canceling an agency’s An amendment to the Harr amend- she believes to be in imminent danger. license—if that agency refuses to ment then expanded the waiting The bill also would require a per- facilitate a direct referral for a child period from three to five days. Harr son to contact local law enforcement based on the agency’s sincerely held said the amendment represented a before taking action, remain with the religious beliefs. compromise over concerns about ten- animal in a safe location close to the Without these protections, Kolter- ants’ property rights. The amendment vehicle until law enforcement arrives man said, agencies would be forced was adopted on a 30-0 vote. and securely place a written note to choose between serving vulnerable LB221 advanced to final reading with their contact information and children and their faith that prompted on a voice vote. explanation of events on the vehicle’s them to serve. windshield. “Our current foster care system Legal immunity proposed for Lori Hook, representing animal works because each agency serves a animal rescue rescue organization Hearts United, unique portion of that population. supported the bill. She said it would Agencies are not interchangeable and Members of the Judiciary Com- raise awareness about leaving pets in neither are the families they serve,” mittee heard testimony Feb. 19 on a parked cars and would prevent need- he said. “If we truly want to embrace bill that would provide criminal and less suffering. diversity, then we need to embrace the civil immunity to anyone rescuing “A pet’s normal body temperature rights of everyone, even if we disagree an animal from a vehicle in extreme is already higher than a human’s,” with their beliefs.” conditions. Hook said. “A humidity level of just 35 The bill would allow child-placing Under LB916, introduced by Oma- percent can impact an animal’s ability agencies to sue for compensatory dam- ha Sen. Sara Howard, a person causing to regulate their body temperature and ages resulting from any adverse action damage to a vehicle can lead to death.” brought against the agency. through forcible If a person provides further aid to Doug Weinberg, director of the entry to remove the animal in good faith, but the ani- state Department of Health and Hu- an animal would mal suffers additional harm or death, man Services (DHHS) Division of be immune from the person also would not be liable. Children and Family Services, testi- criminal and civil li- No one testified in opposition to fied in support of the bill. He said 25 ability for any dam- the bill and the committee took no percent of the child-placing agencies age to the vehicle. Sen. Sara Howard immediate action on it. that have contracts with DHHS are Howard said it is not always feasible faith-based. to wait for a rescue agency like the Protection sought for faith- “Nebraska has a critical need to Nebraska Humane Society to arrive based agencies find safe and loving homes for these and rescue the animal because their children and faith-based agencies play average response time is 24 minutes. Faith-based agencies that contract a vital role [in that process],” Weinberg It takes only five to 10 minutes for with the state foster care system re- said. “[DHHS] values the relationship heatstroke to affect a pet, she said. quested protections under a bill heard we have with these service providers. “Nebraskans value their pets as by the Judiciary Committee Feb. 17. LB975 allows Nebraska’s faith-based family members but some mistakenly LB975, introduced by Seward Sen. organizations to support the work of believe that a pet can be comfortable Mark Kolterman, would prevent the [DHHS] and maintain practices in and happy if left alone in a vehicle, state from tak- line with their sincerely held religious particularly in hot weather,” she said. ing any adverse beliefs.” “[LB916] sends a clear message that action against Brad Brown, chief executive officer leaving pets in a hot car is not an ac- a child-placing of child-placement agency Christian ceptable level of care.” agency—includ- Heritage, also supported the bill. He To be eligible for legal immunity, ing, but not lim- said the misconception that LB975 the person must have a reasonable ited to denying would allow faith-based agencies belief that forcible entry is necessary an agency’s fund- Sen. Mark Kolterman like Christian Heritage to discrimi-

104TH LEGISLATURE • UNICAMERAL UPDATE • PAGE 9 February 16 - 19, 2016 nate against specific populations is LB1000, introduced by Omaha video were determined to have eviden- unfounded. The bill instead would Sen. Heath Mello, tiary value in a criminal, civil or inter- protect the diversity of child-placing would require all nal disciplinary proceeding, it would agencies, he said. law enforcement be retained until a final determination “Choosing to foster is a personal agencies to docu- is reached. If an arrest or prosecution choice similar to the choice some ment in writing the were not made, the video would be people make to live a life of faith,” procedures to be retained until the statute of limita- Brown said. “Individual beliefs, values followed by officers tions elapsed for the alleged offense. and standards should be mutually wearing cameras. Sen. Heath Mello Any police officer or employee respected even when they differ.” Mello said the mere presence of worn of a law enforcement agency found Opposing the bill was Marvin cameras can change the nature of en- to have released a recording without Binnick of Lincoln. Binnick said be- counters between police officers and permission would be guilty of a Class ing placed by faith-based agencies in members of the public. V misdemeanor, which would result in several foster homes as a child did not “Recent high-profile incidents a fine of up to $100. Unauthorized de- insulate him from abusive experiences. involving police misconduct have cre- struction of a recording also would be “That litmus test of being a Chris- ated a general distrust of law enforce- categorized as a Class V misdemeanor. tian family home isn’t enough and ment,” he said. “Body-worn cameras Owen Yardley, chief of police of the shouldn’t be the standard,” he said. have the potential to protect the public University of Nebraska-Lincoln Police “The standard should be loving fami- from further police officer miscon- Department, supported the bill. He lies that can provide a safe and loving duct, provide police officers with a said his department has been wearing home, not whether you believe in God defense against allegations of mis- cameras since 2005. or what church you go to. [Children in conduct and help prosecutors secure “Our original goal was to develop foster care] don’t care what you believe convictions using visual evidence.” a process to document in an unbiased in. We just want loving parents.” Mello brought an amendment to manner, to the best of our abilities, Amy Miller, legal director for the the hearing, which would replace the interactions between officers and ACLU of Nebraska, also opposed original provisions of the bill. Under members of the public,” Yardley LB975. She said the interests of the the amendment, individual agencies said. “They have been effective but faith-based agencies should not come would have discretion in developing they may not be absolutely reliable in before those of the children. policies for officers, but all policies every situation. [LB1000] would help “In the context of child welfare, must require that: ensure agencies address critical issues Nebraska has over 100 years of case • proper training be provided for surrounding the use of these cameras.” law that has established one test and officers using cameras or access- Bruce Lang, Beatrice chief of one test only for child placement and ing video and audio captured by police, represented the Police Chiefs that is the best interests of the child,” the cameras; Association of Nebraska in opposing she said. “This bill wants to put that • supervisors be notified of any the bill. He said a commission should classic 100-year-old test on its head technical problems prohibiting promulgate policies for body camera and instead put the interests of private recording by cameras; usage, not the Legislature. religious organizations first.” • cameras be worn openly and “What we know is that technology The committee took no immediate in a prominent place on the changes much faster than the Legisla- action on the bill. officer’s body; and ture changes laws,” he said. “We don’t • members of the public be noti- even know what technology will be Body-worn camera procedures fied as soon as is practicable that available just a year from now.” suggested for law enforcement they are being recorded. Greg Gonzalez, Omaha Police Discretion would be allowed for Department deputy chief, testified in Law enforcement agencies using determining if and when an officer a neutral capacity. He said Omaha is body-worn cameras would have to should begin and end recording an in- actively using body-worn cameras but document usage procedures under a teraction with a member of the public. the department had concerns about bill heard by the Judiciary Committee Video and audio would be retained storage requirements under the bill. Feb. 18. by the agency for at least 90 days. If “The issue we have is not so much

PAGE 10 • UNICAMERAL UPDATE • 104TH LEGISLATURE February 16 - 19, 2016 what would be codified in law, but fee increase would be remitted to the we need to look at the cost of stor- Legal Aid and Services Fund, which ing video,” Gonzalez said, noting the provides legal services funding to the department recently spent almost $1 state’s indigent population. million on just 115 body-worn cam- Morfeld said the increase could New uses of wastewater eras. “After our initial five-year deal result in an additional $400,000 to treatment funds approved expires, it will cost millions of dollars the fund annually. to just pay for storage of the video.” “[Due to the increased use of media- Lawmakers passed a bill Feb. 18 Jim Maguire, representing the Ne- tion and dispute resolution], there has that expands funding for wastewater braska Fraternal Order of Police, also been a decrease in funding for the Legal treatment and sewage facilities. testified in a neutral capacity. He said Aid and Services Fund of over 17 percent LB737, introduced by Sen. Curt provisions relating to the potential in the last six years,” he said. “However, Friesen of Hen- release of body-worn camera record- the demand for these critically important derson, expands ings should be the same for agencies civil legal services for low-income Nebras- the eligible funded throughout the state. kans has only increased.” activities for pub- “I did not see something [in the Milo Mumgaard, executive director lic entities seek- bill] specifically identifying the issue of for Legal Aid of Nebraska, testified in ing loans from the releasing body cam videos,” he said. “It support of the bill. He said providing Clean Water State should be uniform in state law. If you adequate legal aid strengthens the Revolving Fund. Sen. Curt Friesen leave it up to individual departments, entire justice system. The fund provides low-interest loans you’ll have piecemeal policies about “Low-income Nebraskans often and community matching grants to what can and will be released.” must fend for themselves in their efforts towns and cities for the construction An agency wearing cameras would to have the legal system work for them,” of wastewater treatment facilities and be required to develop and submit a he said. “[LB1098] is a small, important sanitary sewer collection systems. written policy by Jan. 1, 2017, to the Ne- step toward lessening that challenge for The purchase of land used for con- braska Commission on Law Enforce- Nebraska’s working poor.” struction of water treatment facilities is ment and Criminal Justice outlining Liz Neely, executive director of the now eligible for the loans, as are proj- the implementation and appropriate Nebraska State Bar Association, also ects that conserve or reuse water. This use of the cameras by its officers. Agen- supported the bill. The association includes the recycling or reuse of storm cies that begin using cameras after Jan. generally opposes increases to filing water, wastewater and subsurface drain- 1, 2017, would have three months to fees because higher fees can impede age water, as well as the development submit plans to the commission. access to the court system, she said, and construction of watershed projects. The committee took no immediate but LB1098 is a unique case. The bill increases the fund’s loan action on the bill. “We all know the number of people terms from the current 20 years to a living in poverty and the number of maximum of 30 years, or the projected Increased legal aid requested people representing themselves be- life of the project, whichever is less. cause they cannot afford an attorney LB737 passed 46-0. Members of the Judiciary Commit- is increasing,” she said. “However, this tee heard testimony Feb. 17 on a bill that filing fee would directly improve access Insurance requirement for would increase a fee to provide addi- to the courts by increasing funding fracking wells proposed tional legal aid to indigent Nebraskans. to the Legal Aid and Services Fund.” LB1098, intro- Tessa Hermanson, representing the Drillers would be required to have duced by Lincoln Nebraska Collectors Association, op- liability insurance for injection and Sen. Adam Mor- posed the bill. She said the association disposal wells under a bill heard by the feld, would in- supports increasing funding for legal Natural Resources Committee Feb. 17. crease civil court aid but opposed increased civil court Under LB1070, introduced by Sen. filing fees from filing fees as the source of revenue. Ken Haar of Malcolm, the Nebraska $5.25 to $6.25. The committee took no immediate Oil and Gas Conservation Commis- Revenue from the Sen. Adam Morfeld action on the bill. sion would require proof of liability

104TH LEGISLATURE • UNICAMERAL UPDATE • PAGE 11 February 16 - 19, 2016 insurance of at least level of liability insurance for both the Conservation Commission, which $1 million before drilling and disposal of wastewater is regulates Nebraska’s oil and gas pro- issuing a permit for prudent for the protection of our most duction. The bill also would require the drilling of an in- valuable natural resource.” the certification and monitoring of jection or recovery Phil Kriz, a petroleum engineer for vehicles used to transport the waste- well. A commercial Kimball-based Evertson Companies, water and the periodic evaluation of disposal facility that spoke against the bill. He said that an operator’s ability to pay the costs disposes of more Sen. Ken Haar injection wells are mechanically safe of shutting down a well. than 500 barrels of injection well and more than 600 injection wells in The commission would be required wastewater a day would be required the state’s panhandle have operated to provide public notice of an injec- to have at least $5 million in liability without problems for years. He said tion well permit application to the insurance. the proposed restrictions on injection county, city or village where the well The bill also would prohibit injec- wells in locations where the aquifer is would be located and could require tion wells in areas where the drinking near the surface are too broad. public meetings to review them. water aquifer begins less than 50 feet “The way this is written I would LB1082 also would remove lan- below ground or if the saturated depth be out of business,” he said. “This guage from the commission’s purpose of the aquifer extends more than 100 precludes almost the entire panhandle statement encouraging it to promote feet below ground. of Nebraska.” development of the state’s oil and gas Haar said the bill is intended to Bill Sydow, director of the Nebras- resources. ensure that Nebraska taxpayers and ka Oil and Gas Conservation Com- Jane Kleeb, speaking on behalf landowners do not have to pay for mission, testified in a neutral capacity. of Bold Nebraska, testified in sup- potential damage caused by spills of He said the proposed restrictions port of the bill, saying that it would wastewater generated by hydraulic frac- would limit oil and gas production in strengthen disclosure requirements on turing, commonly called fracking. He much of the state. Sydow added that the contents of wastewater generated said several states, including Colorado, most of the 150 well operators in Ne- by hydraulic fracturing, commonly Ohio and Texas, require operators to braska already have liability insurance called fracking. She said the available have at least $1 million in liability in- and that it should be left to businesses data on its contents is unclear and surance. Between 2009 and 2014 more to determine the amount of insurance incomplete. than 180 million gallons of wastewater they carry. “We don’t think that Nebraska spilled when pipes ruptured or storage The committee took no immediate should be accepting out-of-state frack- tanks overflowed, Haar said. action on the bill. ing waste to begin with,” Kleeb said, “The bottom line is that the people “but we think that this bill is a step who are in business to make a profit Reporting of fracking well in the right direction to at least have from wastewater disposal should have water contents requested some level of disclosure and some sufficient insurance coverage so that accountability for the wells that poten- landowners or taxpayers are not left The Natural Resources Committee tially could be in our state.” holding the bag,” he said. heard testimony Feb. 17 on a bill that Dana Wreath, vice president of Janece Mollhoff, speaking on be- would enhance disclosure and public Wichita-based oil and gas company half of the League of Women Voters notice regulations on injection wells. Berexco, testified against the bill, of Nebraska, testified in support of the LB1082, sponsored by Sen. Ken saying it is unnecessary because its bill. She said wastewater from fracking Schilz of Ogallala, provisions already are covered by ex- could leak into the Ogallala aquifer, would require com- isting regulations. He said the state’s threatening public health and the mercial injection geology is not suited for fracking and state’s agricultural industry. well operators to the market for commercial disposal “Leaking fracking wastewater could sample and analyze wells in western Nebraska has virtually be catastrophic and the liability should injected wastewater disappeared. There have been no cases be fully on the industry and not the at least once per of fracking wastewater contaminating state or federal disaster plan,” she said. year and provide Sen. Ken Schilz the drinking water supply in the state’s “Setting standards for a minimum the resulting data to the Oil and Gas history of oil and gas production,

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Wreath added. general back-to-school items,” he said. population. The alphanumeric plate “We don’t have an out-of-control “This bill would give hard-working will display up to five characters and not injection production oil and gas opera- parents a break.” use a county designation. tion in this state,” he said. “The surest Jim Otto, president of the Ne- The license plates will be available proof is that there are no smoking braska Retail Federation, testified in Oct. 1, 2016. guns.” support of the bill. He said the state The fee for the alphanumeric plates The committee took no immediate would lose sales tax revenue during the will be $5, credited to a newly created action on the bill. sales tax holiday, but the holiday likely Nebraska Game and Parks Commis- would drive sales of non-exempt items. sion educational fund. Personalized Tiffany Joekel, policy director at plates will cost $40, with $10 credited OpenSky Policy Institute, testified to the Department of Motor Vehicles in opposition to the bill. She said cash fund and $30 credited to the sales tax holidays encourage families commission’s educational fund. to shift the timing of purchases they The commission is required to use Tax holiday for school would have made anyway and do not the educational fund to teach youth supplies proposed stimulate sales that wouldn’t have oc- about wildlife conservation practices. curred otherwise. The bill passed on a 47-0 vote. The Revenue Committee heard Upper-class families with more testimony Feb. 19 on a bill that would flexible incomes are best able to shift Bill to allow longer public create a back-to-school sales tax holiday the timing of their purchases, Joekel transit buses advanced for clothing and school supplies. said. If the intent of the bill is to help LB974, introduced by Sen. Rick low- and middle-income families, she Public transit systems could carry Kolowski of added, a better solution might be to additional riders under a bill advanced Omaha, would offer a refundable sales tax credit. by lawmakers Feb. 16. implement an The committee took no immediate LB735, introduced by Henderson annual sales tax action on the bill. Sen. Curt Friesen, would increase the holiday on the current 40-foot first Friday, Sat- limit for an articu- urday and Sun- lated bus operated day in August. Sen. Rick Kolowski by a transit author- Clothing items that cost less than ity to 65 feet. Fri- $100, school supplies that cost less esen said the bill than $100 and computers that cost would allow Oma- less than $750 would be exempt from State to offer mountain lion license plates ha to adopt a rapid Sen. Curt Friesen sales tax during the holiday. transit system beginning in fall 2018. Computer software, clothing ac- Nebraska drivers can show their “The Omaha metropolitan area cessories, sports equipment and art support for mountain lions with spe- has an excellent opportunity to em- supplies would be among the items cial license plates under a bill passed brace the next generation of public not subject to the exemption. by lawmakers Feb. 18. transportation,” he said. The bill would reduce state sales tax Under LB474, introduced by Omaha Papillion Sen. Jim Smith supported revenue by an estimated $16.9 million Sen. Ernie Chambers, the mountain the bill. in fiscal year 2016-17 and a further lion conservation “Our transportation issues and $17.3 million in FY2017-18. plate will be avail- needs in the state are as diverse as Kolowski said 17 states, includ- able in alphanu- our state itself,” Smith said. “[LB735] ing Iowa and Missouri, have similar meric or personal- is a transportation solution that’s as back-to-school sales tax holidays that ized versions with important for our state as the improve- generate retail sales second only to designs support- ment of our roads and bridges.” Black Friday. ive of Nebraska’s The bill advanced to select file on “As a retired educator I know how mountain lion Sen. Ernie Chambers a 25-0 vote. much money is spent on required and

104TH LEGISLATURE • UNICAMERAL UPDATE • PAGE 13 February 16 - 19, 2016

Bill to end county-numbered for 90 days upon member of the governing body of the license plates advanced receiving notifica- municipality that created the land tion of a city or bank. If a land bank is created by Some Nebraska counties would village’s intent to multiple municipalities, the governing have different license plate numbers annex. body of each will be represented by under a bill advanced by the Legisla- Payments on one nonvoting member. ture Feb. 16. construction bonds, The bill also changes certain report- Currently, farm truck and trailer reg- construction fund Sen. Joni Craighead ing requirements and adds urban agri- istrations in counties with populations warrants, general fund warrants and cultural activities, including establish- over 100,000 display county-numbered contracted labor and services are exempt ment of community gardens, to the license plates. These include Douglas, from the spending restriction. list of potential priorities for land use. Lancaster and Sarpy counties. Any proposed construction proj- LB699 passed on a 46-0 vote. Under LB811, introduced by Ban- ects that have not been put to a public croft Sen. Lydia bidding process prior to receiving no- Riverfront development Brasch, these ve- tice of annexation will be submitted to district proposed hicles instead would the city’s finance director for approval use the alphanu- during the 90-day period. A new economic development tool meric system other- The bill was amended on select aimed at riverfront areas was proposed wise used in those file to include provisions of LB827, Feb. 16 in an Urban Affairs Commit- counties, which dis- sponsored by Omaha Sen. Burke Harr, tee hearing. plays three letters Sen. Lydia Brasch which makes clear that counties may LB806, introduced by Omaha followed by three numbers. collect ad valorem taxes and special Sen. Heath Mello, would adopt the Brasch said it would provide cost assessments from SIDs. Riverfront Development District Act. savings and increased efficiency for the LB131 passed on a vote of 46-0. Mello said the bill would provide a state Department of Motor Vehicles, framework for city leaders that could while impacting less than one half of Land bank updates approved be tailored to the needs of an indi- 1 percent of license plates in those vidual municipality. three counties. Lawmakers gave final approval Feb. “LB806 would create a new organiza- “Whenever you find a [state] agency 18 to a bill that updates the Nebraska tional tool for strategic and intentional that is looking for way to cut its costs, Municipal Land Bank Act. municipal economic development and it’s important [that the Legislature] Currently, the voting members of a tourism efforts focused on riverfront gives them support,” she said. land bank board must represent real- areas across Nebraska,” he said. The bill advanced to select file on tors, the banking industry, real estate Under the bill a metropolitan, a 26-0 vote. developers, a chamber of commerce, primary, first- or second-class city a nonprofit involved in affordable could create a riverfront development housing and an owner of multiple district and appoint an authority of residential or commercial properties. five or more members to oversee and LB699, intro- manage the district. Two or more cit- duced by Omaha ies with a contiguous riverfront could Annexation restrictions Sen. Heath Mello, enter into a joint authority. approved stipulates that a sin- Among other provisions, the au- gle voting member thority would have the power to: Restrictions on asset expenditures may satisfy more • invest in instruments, obliga- by sanitary and improvement districts than one of the tions, securities or property; (SIDs) that have received notice of an- representational Sen. Heath Mello • develop, manage and coordi- nexation were approved Feb. 18. requirements if he or she has the nate public activities and events Under LB131, introduced by Oma- required qualifications. within the district; ha Sen. Joni Craighead last session, ex- In addition, a land bank’s govern- • install pedestrian shopping malls penditures by an SID will be restricted ing board must include one nonvoting or plazas and other facilities;

PAGE 14 • UNICAMERAL UPDATE • 104TH LEGISLATURE February 16 - 19, 2016

• fix, charge and collect rents and potential overlap of levies with busi- Stan Staab, co-chairperson of the fees; and ness improvement districts. Norfolk Development Group, also • issue limited obligation bonds Gary Krumland of the League of supported the bill. A riverfront devel- secured by a pledge of any Nebraska Municipalities testified in opment district could help Norfolk revenue of the authority or by support of LB806, saying approxi- continue to develop the area along the mortgage of property owned by mately 25 municipalities would be Elkhorn River, he said. the authority. eligible to utilize the bill’s provisions. “Passage of this bill will allow No member of, or employee of, an Several cities have expressed an inter- both metro and rural communities authority could have any interest in or est in using a riverfront development to develop and promote usage of our contract with the authority. district to enhance their community rivers for economic and recreational Mello said several technical issues for residents and tourists, he said. purposes,” Staab said. and concerns had arisen since the bill “It would allow cities to take ad- No one testified in opposition to was introduced. He said he would be vantage of the natural resource of the LB806. The bill was advanced offering an amendment to clarify a cap the rivers that flow along or through to general file 6-0 with committee on bonding authority and address a them,” Krumland said. amendments. g

Priority bills generally are scheduled for debate before other Priority bills. Each senator may select one priority bill and each committee may select two priority bills. The Speaker may select up to 25 priority bills per session. Speaker priority bills will be Bills announced next week. Senator Priority Bills Priority Bill Introducer Status One-line description

Baker LB722 Baker Referral Adopt the Stroke System of Care Act Bloomfield LB900 Bloomfield Referral Change motorcycle and moped helmet provisions, motorcycle registration fees, rename the Health Advisory Board, and create the brain injury services program and a fund Bolz LB371 Sullivan General File Create and provide duties for the Nebraska Council for Educational Success Brasch LB960 Smith Referral Adopt the Transportation Innovation Act and provide transfers from the Cash Reserve Fund Campbell LB746 Campbell General File Adopt the Nebraska Strengthening Families Act, change provisions for guardians ad litem and services for children, and create the Normalcy Task Force Chambers LB1056 Chambers Referral Adopt the Patient Choice at End of Life Act Coash LB934 Coash General File Change provisions relating to the Office of the Public Guardian Cook LB83 Cook Referral Provide certain protections for employees relating to wage disclosure Craighead LB683 Craighead General File Change provisions relating to homestead exemptions for surviving spouses Crawford LB754 Crawford General File Create the Commission on Military and Veteran Affairs Davis LB886 Davis Referral Adopt the Volunteer Emergency Responders Incentive Act and provide income tax credits Ebke LR35 Ebke General File Resolution to petition Congress to call a convention of the States to propose amendments to the Constitution of the United States Fox LB1009 Williams General File Prohibit the sale and use of certain synthetic drugs under the Uniform Controlled Substances Act and the Uniform Deceptive Trade Practices Act Friesen LB897 Lindstrom General File Allow certain public power agencies to engage in hedging transactions

104TH LEGISLATURE • UNICAMERAL UPDATE • PAGE 15 February 16 - 19, 2016 Senator Priority Bills Priority Bill Introducer Status One-line description Garrett LB643 Garrett Select File Adopt the Medical Cannabis Act Gloor LB1013 Gloor Referral Change tax on cigarettes and other tobacco products and provide for distribution of proceeds Groene LB717 Groene Referral Change provisions relating to the assessment and valuation of real property K. Haar LB1012 Mello Referral Adopt the Property Assessed Clean Energy Act Hadley LB857 Hadley Referral Change population threshold for a city of the first class to employ a full-time fire chief Hansen LB947 Mello General File State intent relating to professional or commercial licenses for certain aliens B. Harr LB1109 Murante General File Change public records provisions and provide for an enhanced public scrutiny process for certain University appointees Hilkemann LB10 McCoy Select File Change provisions relating to presidential electors and political party conventions Howard LB1081 Campbell Referral Change provisions relating to eligibility for public assistance Hughes LB710 Hughes General File Change provisions relating to hazing Johnson LB136 Johnson Governor Prohibit flying lanterns Kintner LB1037 Brasch Referral Change property tax provisions relating to agricultural land and horticultural land Kolowski LB344 Kolowski General File Provide natural resources districts with the power to issue general obligation bonds Kolterman LB975 Kolterman Referral Adopt the Child Welfare Services Preservation Act Krist LB18 Krist Select File Change provisions relating to immunizations for students Kuehn LR378CA Kuehn Referral Constitutional amendment to guarantee the right to engage in certain farming and ranching practices Larson LB821 Larson Referral Adopt the Workplace Privacy Act Lindstrom LB471 Howard Governor Change prescription drug monitoring provisions and create the Veterinary Prescription Monitoring Program Task Force McCollister LB745 McCollister General File Change Game and Parks Commission fee and permit provisions McCoy LB114 McCoy Referral Redefine ambulatory surgical center and health clinic under the Health Care Facility Licensure Act Mello LB889 Mello Referral Adopt the School Readiness Tax Credit Act Morfeld LB586 Morfeld General File Prohibit discrimination based upon sexual orientation and gender identity Murante LB906 Lindstrom General File Adopt the Law Enforcement Education Act authorizing tuition waivers Pansing Brooks LB843 Pansing Brooks Referral Change provisions relating to prostitution Riepe LB817 Riepe Referral Adopt the Direct Primary Care Agreement Act Scheer LB883 Scheer Referral Provide for foundation aid pursuant to the Tax Equity and Educational Opportunities Support Act Schilz LB176 Schilz Passed Change the Competitive Livestock Markets Act and provisions relating to contract swine operations Schnoor LB289 Ebke General File Prohibit certain regulation of firearms, ammunition, and firearm accessories by cities and villages as prescribed Schumacher LB1103 Schumacher Referral Change provisions relating to medicaid reimbursements, provide for a lien, and change estate procedures Seiler LB1094 Judiciary Referral Change provisions relating to evidence, sentencing, certain criminal penalties, criminal mischief, assault, theft, forgery, and probation Smith LB884 Scheer Referral Change the Convention Center Facility Financing Assistance Act and the Sports Arena Facility Financing Assistance Act Stinner LB1082 Schilz Referral Change provisions relating to the Nebraska Oil and Gas Conservation Commission and provide for a periodic well fluid analysis, report, and notice as prescribed Sullivan LB1067 Sullivan Referral Change provisions relating to learning communities Watermeier LB744 Watermeier Referral Provide for communication and contact agreements in private and agency adoptions Williams LB919 Williams General File Change provisions relating to problem solving court programs

PAGE 16 • UNICAMERAL UPDATE • 104TH LEGISLATURE February 16 - 19, 2016 Committee Priority Bills Priority Bill Introducer Status One-line description Agriculture LB730 Johnson General File Change a security coverage provision for sellers of grain stored in a warehouse closed by the Public Service Commission Agriculture LB968 Johnson Referral Change provisions relating to an agriculture promotion and development program Appropriations LB1092 Mello Referral Change provisions relating to budget request reporting requirements Appropriations LB1093 Mello Referral Eliminate cash funds, create programs, and transfer funds Banking, LB772 Schumacher General File Provide for group-wide supervisors and international insurance Commerce & Insurance groups as prescribed Banking, LB794 B. Harr Referral Change provisions relating to the Nebraska Model Business Commerce & Insurance Corporation Act and corporate occupation taxes Business & Labor LB830 B. Harr General File Change provisions relating to vacation leave for state employees Business & Labor LB1110 Mello Referral Adopt the Nebraska Workforce Innovation and Opportunity Act Education LB959 Sullivan Referral Change and eliminate provisions relating to school funding, budgets, and levy authority Education LB1066 Sullivan Referral Change provisions relating to education Executive Board LB1016 Watermeier Select File Redefine agency under the Legislative Performance Audit Act Executive Board LB954 Krist Select File Change provisions relating to access to records for and investigations by the Inspector General of Nebraska Child Welfare General Affairs LB970 Larson General File Change provisions relating to pickle cards and keno and authorize methods of payment for gambling General Affairs LB1105 Larson General File Change and eliminate beverage regulations and licensure provisions and create the Nebraska Craft Brewery Board Government, LB935 Schilz Referral Change provisions relating to the Auditor of Public Accounts Military & Veterans Affairs Government, LB874 Murante Referral Change procedures for filling vacancies on school boards Military & Veterans Affairs Health & Human LB698 Mello General File Adopt the Home Care Consumer Bill of Rights Act Services Health & Human LB1032 McCollister Referral Adopt the Transitional Health Insurance Program Act and Services provide duties for the Department of Health and Human Services Judiciary LB894 Pansing Brooks General File Change provisions relating to appointment of counsel in juvenile cases Judiciary LB910 Bolz Referral Change provisions relating to parole administration Performance Audit LB867 Performance Audit General File Change provisions relating to the Administrative Procedure Act and require the Department of Correctional Services to adopt and promulgate rules and regulations Performance Audit LB1022 Performance Audit General File Change provisions relating to the office of Legislative Audit and change dates for application of tax incentives Natural Resources LB824 McCollister Referral Exempt privately developed renewable energy generation facilities from regulation as prescribed Natural Resources LB1038 Davis Referral Change water appropriation application provisions Retirement LB447 Mello General File Change provisions relating to the Class V School Employees Retirement Act Retirement LB467 Kolterman Referral Change provisions relating to State Patrol retirement Revenue LB958 Gloor Referral Change provisions relating to budgets, the valuation of agricultural land, and levy limitations Revenue LB774 Scheer Referral Provide a sales and use tax exemption for purchases by nonprofit substance abuse treatment centers State-Tribal LB1104 Larson Referral Provide for tax incentives, intent provisions, and revenue- Relations sharing agreements relating to Native Americans Transportation & LB938 Smith Referral Adopt the 911 Service System Act and transfer funds from the Telecommunications Enhanced Wireless 911 Fund to the 911 Service System Fund Transportation & LB977 Smith Referral Change provisions relating to implements of husbandry on Telecommunications highways Urban Affairs LB704 Urban Affairs General File Change building code provisions applicable to political subdivisions Urban Affairs LB1059 Crawford General File Require certain disclosures under the Community Development Law and the Local Option Municipal Economic Development Act

104TH LEGISLATURE • UNICAMERAL UPDATE • PAGE 17 February 16 - 19, 2016 Committee Hearings Current hearing schedules are always available at: nebraskalegislature.gov/calendar Monday, February 22 Nebraska Retirement Systems Government, Military & Veterans Affairs Banking, Commerce & Insurance Room 1525 - 9:00 a.m. Room 1507 - 1:30 p.m. Room 1507 - 1:30 p.m. Omaha Public Schools Employee LB788 (Cook) Change and eliminate LB873 (Murante) Authorize escheat- Retirement System Actuarial Report provisions relating to the Professional ment to the state of unclaimed United Appointment: Derr, J. Russell - Public Landscape Architects Act States Savings Bonds as prescribed Employees Retirement Board LB1040 (Johnson) Adopt the Travel LB1025 (Morfeld) Change experience Appointment: Olson, Keith - Nebraska Agency Registration Act requirements under the Public Investment Council LB1107 (Garrett) Create the Nebraska Accountancy Act Election System Initiative LB1050 (B. Harr) Authorize conversion Transportation & Telecommunications of domestic partnerships and domestic Room 1113 - 1:30 p.m. Health & Human Services limited liability partnerships into LB783 (Lindstrom) Provide for Room 1510 - 1:30 p.m. domestic limited liability companies or registration of public power district Appointment: Bulger, Mark M. - foreign limited liability companies vehicles as prescribed Commission for the Blind and Visually LB844 (Pansing Brooks) Provide for Impaired Business & Labor Breast Cancer Awareness Plates LB750 (Lindstrom) Change Uniform Room 2102 - 1:30 p.m. Credentialing Act provisions relating to LB1110 (Mello) Adopt the Nebraska Tuesday, February 23 confidentiality and prohibit retaliation as Workforce Innovation and Opportunity Act Agriculture prescribed LB1029 (Mello) Adopt the Sector Room 1510 - 1:30 p.m. LB952 (Watermeier) Require availability Partnership Program Act and provide LR378CA (Kuehn) Constitutional amend- of emergency medical services and duties for the Department of Labor ment to guarantee the right to engage in change membership of the Board of LB1044 (Ebke) Terminate the certain farming and ranching practices Emergency Medical Services Commission of Industrial Relations LB998 (Schumacher) Provide for LB1045 (Ebke) Provide for the Education emergency community crisis centers treatment of certain contractors as Room 1525 - 1:30 p.m. and change provisions relating to independent contractors as prescribed Appointment: Hunter, Ronald - Coordi- emergency protective custody nating Commission for Postsecondary Education Education Judiciary Room 1525 - 1:30 p.m. Appointment: Adam, Colleen - Coordinating Room 1113 - 1:30 p.m. LB1067 (Sullivan) Change provisions Commission for Postsecondary Education LB965 (Cook) Provide for expungement relating to learning communities of records for persons charged with LB903 (Baker) Change and eliminate pro- Transportation & Telecommunications or found guilty of a crime because of visions relating to learning communities Room 1113 - 1:30 p.m. stolen identity or mistaken identity LB904 (Baker) Provide for school districts Appointment: Gerdes, Mary K. - State LB793 (Watermeier) Change provisions to opt out of a learning community Highway Commission and penalties relating to implements LB739 (Smith) Eliminate certain taxing LB688 (Bloomfield) Require all for escape and contraband and certain authority of learning communities examinations and test of applicants assaults LB967 (Kintner) Change learning under the Motor Vehicle Operator’s LB1055 (Chambers) Open grand jury community provisions relating to License Act be in English proceedings to the public as prescribed enrollment and levies LB964 (Hilkemann) Change a veteran nota- and change procedures in cases of tion requirement on a motor vehicle opera- death during apprehension by law General Affairs tor’s license or state identification card enforcement officers or while in custody Room 1510 - 1:30 p.m. LB1077 (Pansing Brooks) Change LB1056 (Chambers) Adopt the Patient Appointment: Varenhorst, Harvey - Neb. provisions under the Motor Vehicle Choice at End of Life Act Arts Council Operator’s License Act relating to Appointment: McClymont, Sherry - Neb. operator’s license revocation Natural Resources Arts Council LB1068 (K. Haar) Adopt the Electric Room 1525 - 1:30 p.m. Appointment: LeBaron, Kathryn - Neb. Customer Protection Act and provide LB1019 (Davis) Change provisions Arts Council duties for the Public Service Commission relating to support of the Niobrara Appointment: Drickey, Patrick - Neb. Council by the Game and Parks Arts Council Wednesday, February 24 Commission, require legislative confirmation of certain Appointments to Appointment: Mueller, Cory L. - State Appropriations the council, and require an annual report Electrical Board Room 1003 - 1:30 p.m. Appointment: Bergstraesser, Edwin - UNO Request to use Revenue Bond State Electrical Board Surplus Funds

PAGE 18 • UNICAMERAL UPDATE • 104TH LEGISLATURE February 16 - 19, 2016 Committee Hearings Current hearing schedules are always available at: nebraskalegislature.gov/calendar

Revenue Judiciary and Standards Room 1524 - 1:30 p.m. Room 1113 - 1:30 p.m. Appointment: Krager, John F., III - LB913 (Smith) Adopt the Facilitating LB1058 (Crawford) Change provisions Board of Public Roads Classifications Business Rapid Response to State relating to enforcement of certain and Standards Declared Disasters Act tobacco restriction provisions Appointment: Figard, Roger - Board LB1014 (Stinner) Change provisions LB1072 (K. Haar) Adopt the Fair Repair of Public Roads Classifications and relating to levy limitations and budget Act and provide a penalty Standards limitations for public airports LB720 (Kuehn) Change certain invasion of Appointment: Wacker, David - Board LB1087 (Davis) Change sales tax privacy provisions to include unmanned of Public Roads Classifications and provisions relating to the definition of aircraft or unmanned aircraft systems Standards engaged in business in this state LB885 (Davis) Provide student LB1013 (rehearing) (Gloor) Change journalists the right to exercise freedom Wednesday, March 2 tax on cigarettes and other tobacco of speech and of the press Government, Military & Veterans Affairs products and provide for distribution of Room 1507 - 1:30 p.m. proceeds Note: Opponent & Neutral Joint Judiciary And Appropriations LB779 (Schumacher) Change provisions Testimony Only on LB1013 Hearing on Department of Corrections’ relating to the partisan status of certain LB949 (rehearing) (B. Harr) Change Budget (following completion of 1:30 p.m. political subdivision offices the commission allowed to cigarette Judiciary Hearing) Room 1113: 2014 Mas- LB871 (Murante) Provide for a stamping agents ter Plan Report and 2015 Strategic Plan presidential preference primary election LB950 (rehearing) (B. Harr) Allow a bad debt deduction relating to cigarette and Natural Resources Judiciary tobacco product taxes Room 1525 - 1:30 p.m. Room 1113 - 1:30 p.m. LB961 (Chambers) Eliminate provisions LB707 (Coash) Increase the number of Thursday, February 25 relating to hunting mountain lions judges of the separate juvenile court Government, Military & Veterans Affairs LB848 (Pansing Brooks) Change Room 1507 - 1:30 p.m. Nebraska Retirement Systems provisions relating to courts LB792 (Kuehn) Prohibit certain former Room 1525 - 12:00 p.m. LR398CA (Bloomfield) Constitutional officeholders and public employees AM2178 to LB655 amendment to provide for election of from being lobbyists judges and eliminate the merit plan for LB1078 (Pansing Brooks) Provide and Revenue selection of judges change certain conflict of interest state- Room 1524 - 1:30 p.m. LB990 (Davis) Adopt the Fetal Dignity ment requirements under the Nebraska LB1031 (Hansen) Change the levy author- Protection Act Political Accountability and Disclosure ity of railroad transportation safety districts LB767 (Garrett) Prohibit dismemberment Act LB1051 (B. Harr) Redefine qualified busi- abortion as prescribed and provide for LB1024 (Larson) Change a provision of ness under the Nebraska Advantage Act civil and criminal penalties the Nebraska Political Accountability LB1085 (Davis) Change a renewable and Disclosure Act relating to an energy tax credit Thursday, March 3 LB1095 (Kintner) Require employer iden- interest in a government contract Judiciary tification numbers and the use of the LB1057 (Murante) Change provisions Room 1113 - 1:30 p.m. federal immigration verification system of the Nebraska Political Accountability LB769 (Garrett) Change provisions and Disclosure Act relating to firearms Monday, February 29 LB681 (Schnoor) Change certain Health & Human Services Business & Labor violation and penalty provisions under Room 1510 - 1:00 p.m. Room 2102 - 1:30 p.m. the Concealed Handgun Permit Act Department of Health & Human LB828 (B. Harr) Redefine terms under LB1090 (Hansen) Require notification of Services - Division of Public Health the Employment Security Law law enforcement by the Nebraska State Annual Committee Briefing LB981 (Business & Labor) Provide for Patrol of denials of handgun certificates Appointment: Nasir, Laeth - Nebraska payment of claims against the state as prescribed Rural Health Advisory Commission LB982 (Business & Labor) Deny LB815 (Stinner) Change provisions LB1011 (Campbell) Change provisions payment of claims against the state relating to petitions for removal of a relating to at-risk managed care person’s firearms-related disabilities or contracts as prescribed Transportation & Telecommunications disqualifications LB1061 (Kolterman) Adopt the Surgical Room 1113 - 1:30 p.m. LB971 (Gloor) Change provisions relating Technologist Registry Act Appointment: Weander, Timothy W. - to restoration of seized firearmsg Board of Public Roads Classifications

104TH LEGISLATURE • UNICAMERAL UPDATE • PAGE 19 Unicameral Information Office PRESRT STD Nebraska Legislature U.S. POSTAGE PAID P.O. Box 94604 LINCOLN, NE Lincoln, NE 68509 PERMIT NO. 212 03-23-05

Members of a Hall County leadership group learn about the history and process of the Nebraska Legislature in the historic Warner Chamber.